Loading...
Backup Documents 11/29/2005 RID REGULAR MEETING ID � t DOCUMENTS NOVEMBER 29, 2005 12/81/2005 16:56 2392634864 0 NATLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier NAPLESDAILY Before the undersigned they serve as the authority, personally appeared B. Lamb, wbo on oath says that they serve as the Assistant Corporate Secretary of the Napes Daily. a daily ncwspa.per published ai Naplcs. in Collier County, Florida.; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising, being a FUS C NOTICE in the matter of Public Novice as published in said ne- Aipaper 1 time(s) in the issue November 27th. 2005 A1tia» t further says that the said Naples Daily NcwR i% a nmipapor publixhcd at Naples, in %aid Collier County, FloritLi. and that the said newspaper has heretofore been continuously ptiblished in said Collicr County. Florida; distributed in Collicr and Lee count,ie% of Florida. each day and hie been entered as 8acond doss mail mattar at the post office in Naples. in said Collier County. Florida for a period of 1 year next prcccding the first puhlication of the ettaebed copy or advertisement; laid rtTiant further says that he has neither paid Mr promised any person. .firm or Corporation any discount, rebate, commission or refund for the purpose of securing this advertisemen, for publication in the said newspaper. ( Sof a.ffiant) Sworn to and subscribed before me This Nm cmbcr 30th, 2005 (5atrre of notary public) r' PAGE 02/05 w. • Thtl WOrift : Is n..KVwIlal w for ' Vrn' 'the Cr�iiVrtlRr[NAW'�rGA�l%iisfT11 t}•i 'r.:. r • �!� � =il�Ml, tagel -off w�',iy11! i rtt 11> '' rr t wV �iE`tfi ¢ a>rrld &et l�ld 1 tq IlbPSrliail8, VKjtildh �tti t t If+► aelltFl i'rbl'al'f�s;thi�vUug 'Dist i#�il� coanty' i the a ry l srpel IM . 1" oft wit :' r,'•,, H�ttief: isUal;p�g • For an1' mfl , info "rttsett.10 ; CO. -00040 G.orvl y MY',CMMISSIONO r,-M4689 r' >PIRP,� I�,t�ltfi i9 t4; ii im�i' :R fitl i at �� 1't s�: . Sul 24, 2007 .i,,� C�` aor, OEOrnAt�TROrFAIP +1h15URRhr;;.N:; C�t4.� - luevarriklrt,9,2;i11>d!i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 29, 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. 2004 -059 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 EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 November 29, 2005 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 IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and /or adopted with changes -5/0 B. October 11, 2005 - BCC Meeting Approved as presented — 5/0 C. October 13, 2005 - BCC /Value Adjustment Board Special Magistrate AM Meeting -Rear half of room Approved as presented — 5/0 D. October 14, 2005 - BCC /Value Adjustment Board Special Magistrate AM Meeting -Front half of room Approved as presented — 5/0 E. October 20, 2005 - BCC /Emergency Meeting Hurricane Wilma Approved as presented — 5/0 F. October 22, 2005 - BCC /Emergency Meeting Hurricane Wilma Approved as presented — 5/0 G. November 7, 2005 - BCC /Special Meeting Hurricane Wilma Page 2 November 29, 2005 Approved as presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) David C. Weigel, County Attorney Presented 4. PROCLAMATIONS A. Proclamation designating December 1, 2005, as World Aids Day. To be accepted by Betty Ford, Planned Parenthood HIV Coordinator. Adopted - 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by Dick Green to discuss the Ordinance requiring sidewalks to be installed on all County public and private streets /roads. Discussed B. This item was continued from the October 25, 2005 BCC Meeting. Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. No show of Petitioner Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2005 -AR -8122, Carl and Karen Koller, as owner and agent, are requesting four after - the -fact Variances as follows: a .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single - family structure and an existing encroachment of the existing Page 3 November 29, 2005 nonconforming single family structure to the side (west) and rear yard setback requirements. The subject property is located at 610 99th Avenue North, Naples Park Unit 3, Lot 28, Block 29, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2005 -416 — Adopted 5/0 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2005 -AR -7965 James and Lori Hall, represented by Diane Faas, is requesting a variance for an existing screen enclosure within the required 10 -foot rear setback for an accessory structure in a RSF -3 zoning district. The applicant is seeking a 2 foot, 4 inch variance from the required 10 -foot set back, leaving an 8 -foo,t fl- inch rear yard. The property to be considered for the variance is located at 112 Warwick Hills Drive and is further described as Unit 1 Block 4 Lot 8, of Lely Golf Estates, in Section 19, Township 50 South, Range 26 East, Collier County, Florida. Resolution 2005 -417 — Adopted 4/1 (Commissioner Halas opposed) 8. ADVERTISED PUBLIC HEARINGS Moved from Item #17D A. This item was continued from the November 15, 2005 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- A -2005- AR -7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development, Inc., requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Development and PUD Master Plan to reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. (Commissioner Coyle's request.) Continued to December 13, 2005 BCC Meeting — Approved 4/1 (Commissioner Henning opposed) 9. BOARD OF COUNTY COMMISSIONERS Page 4 November 29, 2005 A. Appointment of member to Habitat Conservation Plan Ad -Hoc Advisory Committee. Resolution 2005 -414 — Appointing Jennifer Hecker to the Habitat Conservation Plan Ad -Hoc Advisory Committee — Adopted - 3/2 (Commissioner Henning and Commissioner Coletta opposed) B. Appointment of member to the Environmental Advisory Council. Resolution 2005 -415 — Appointing William Hill to the Environmental Advisory Council — Adopted 3/2 (Commissioner Coyle and Commissioner Coletta opposed) 10. COUNTY MANAGER'S REPORT Item to be heard at 11:00 am A. Recommendation to consider the following issues associated with Conservation Collier contracting with a private, non - profit group as an intermediary buyer for the School Board Section 24 property. (Joe Schmitt, Administrator, Community Development) Motion to Deny Reconsideration — Approved — 4/1 (Commissioner Henning opposed) B. Recommendation to approve a Developer Contribution Agreement with Calusa Pines Golf Club, LLC, to continue to accumulate right -of -way and commitments for the Tree Farm Road, Woodcrest Drive and Massey Street alternative roadway project. Approved w /staffs Revisions — 5/0 C. Recommendation to approve Work Order CDM -FT- 3593- 06 -01, Contract 04 -3593: for professional engineering services for the North East Regional Water Treatment Plant Wellfield design in the amount of $1,709,611, Project Number 70899. (Jim DeLony, Administrator, Public Utilities) Approved — 5/0 D. Recommendation to award a construction contract for the South County Regional Water Treatment Plant 20 Million Gallons per Day Wellfield Expansion - Test Production Wells Construction to Hausinger & Associates, Inc., Bid 063907, Project Number 708921 for $1,035,025.00. (Jim DeLony, Administrator, Public Utilities) Approved — 5/0 Page 5 November 29, 2005 E. Recommendation to approve the FY 06 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,431,200. (Marla Ramsey, Administrator, Public Services) Approved — 5/0 F. Recommendation to approve a budget amendment to Fund 516, Property and Casualty Insurance, to pay the cost of claims related to Hurricane Wilma. ($2.6M) (Len Price, Administrator, Administrative Services) Approved — 510 G. Recommend Approval of the attached FDEP Cost Share Contract ($6,321,752.00) for the construction and monitoring of the City of Naples /Collier County Beach Renourishment Project No. 905271. (Jack Wert, Director, Tourism) Approved — 510 H. Recommendation to discuss accepting Henderson Creek Drive as a public road. (Norman Feder, Administrator, Transportation Services) Motion to accept staffs recommendation not to accept Henderson Creek Drive as a public road — Approved 5/0 Moved from Item #16C1 I. Recommendation to award Work Order CDM -FT- 3785 -06 -01 to Camp Dresser McKee, Inc., professional engineering services for two new potable water aquifer storage and recovery (ASR) wells at the Carica Road water facilities site in the amount of $381,340, Project 70897. Approved — 5/0 Moved from Item #16C4 J. Recommendation that the Board of County Commissioners waive competitive bidding and approve an agreement with James Lee Witt Associates, LLC (JLWA) as coordinators of Federal Emergency Management Agency Public Assistance and recovery program oversight assistance for Hurricane Wilma in the estimated (not to exceed) amount of $250,000; approve necessary budget amendments. (Henning request) Approved — 5/0 Moved from Item #16C3 Page 6 November 29, 2005 K. Recommendation to approve an amendment to the Disaster Debris Removal Contract #05 -3661 with AshBritt, Inc. to modify the existing fee schedule in Appendix B and establish a cradle to grave price structure of $25.00 per cubic yard. Approved — 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Connie Fulmer — Margood Property in Goodland 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. David Weigel: Pelican Bay Annexation B. Commissioner Fiala: Regarding Impact Task Force and Investigate Gas cost. C. Commissioner Henning: Fresh water release, Right -of -way Landscaping Master plan and Staff direction to limit apartment conversion (Incorporate into the Affordable Housing Workshop Agenda) D. Commissioner Henning: Logan Blvd Extension (Incorporate into the Affordable Housing Workshop Agenda - Consensus) E. Jim Mudd: Discussion items for the Affordable Housing Workshop 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 — 4/1 (Commissioner Henning opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners approve and authorize its Chairman to sign an Interlocal Agreement between Page 7 November 29, 2005 ............. .. the Board of County Commissioners of Collier County, Florida and the City Council of the City of Naples, which Agreement supersedes several separate prior Impact Fee Interlocal Agreements between the parties and provides for (1) the collection of Collier County Impact Fees by the City, (2) the remittance of collected impact fees to the County by the City, and (3) annual administrative fees to be retained by the City. The city will retain the first $200,000 in transportation impact fee collected by the city to pay for administrative cost related to collection of the impact fee and to fund capital transportation projects within the city and road impact fee district. 2) Recommendation that the Board of County Commissioners approve and authorize its Chairman to sign an Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the City of Everglades, which Agreement supersedes several separate prior Impact Fee Interlocal Agreements between the parties and provides for (1) the collection of Collier County Impact Fees by the City, (2) the remittance of collected impact fees to the County by the City, and (3) annual administrative fees to be retained by the City. The city will retain 2% of the $30,000 ($600) collected in County impact fees to fund the administrative costs related to the collection of the fees. 3) Recommendation to authorize the Chairman to sign a Florida Division of Historical Resources Grants -In -Aid Application and a Resolution in support of the Application to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve for $5,002 (of which $2,501 will be reimbursable). Resolution 2005 -406 4) Recommendation to approve the application by Lucy Hair Salon for the Job Creation Investment Program and the Fee Payment Assistance Program. 5) CARNY -05 -AR -8583, Annie Alvarez, Athletics /Special Events Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Snowfest carnival on December 3 and 4, 2005, at the Golden Gate Community Park, located at 3300 Santa Barbara Boulevard. Page 8 November 29, 2005 CP- 2005 -08 6) Recommendation to approve a Resolution releasing the Countys interest in Tract 13E, according to the plat of Lely Resort, Phase Eleven, Plat Book 23, Pages 52 through 55, Public Records, Collier County, Florida Resolution 2005 -407 7) Recommendation to approve a resolution by the Board of County Commissioners (BCC) of Collier County, Florida, amending the Collier County Administrative Code to update the procedures for expediting the development review process for qualified affordable housing. Resolution 2005 -408 8) Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, to establish procedures for expediting the development review process for qualified Economic Development Council Fast Track regulatory process program; providing for codification of this policy and procedures; and, to authorize an additional permanent position of Principal Planner within the Department of Zoning and Land Development Review, Community Development and Environmental Services Division, to serve as the overall project manager of the Fast Track program at a total budgeted FY06 cost of $100,000 for all pay, benefits, taxes and operational expenses and approve a budget amendment in this same amount. Resolution 2005 -409 9) Emergency declaration in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager, or his designee, to allow county staff to issue temporary use permits for banners at a reduced temporary fee of $25, which permits would be effective for a period not to exceed six (6) months from the date of the Boards Resolution, and to direct the County Manager to temporarily suspend enforcement of the requirement for tree removal permits due to damage caused by Hurricane Wilma and to direct the County Manager to temporarily suspend enforcement of the requirement to replace code required landscaping. Resolution 2005 -410 Page 9 November 29, 2005 B. TRANSPORTATION SERVICES 1) Award Bid # 06 -3912 Purchase and Delivery of Inorganic and Organic Mulch for the maintenance of roadway medians and County grounds. ($550,000) C. PUBLIC UTILITIES Moved to Item #10I 1) Recommendation to award Work Order CDM -FT- 3785 -06 -01 to Camp Dresser McKee, Inc. professional engineering services for two new potable water aquifer storage and recovery (ASR) wells at the Carica Road water facilities site in the amount of $381,340.00, Project 70897. 2) Recommendation to authorize the purchase of County- standardized components and services pertaining to Wastewater Collections Telemetry in the amount of $245,093.00 Project 73922. Moved to Item #10K 3) Recommendation to approve an amendment to the Disaster Debris Removal Contract #05 -3661 with AshBritt, Inc. to modify the existing fee schedule in Appendix B and establish a cradle to grave price structure of $25.00 per cubic yard. Moved to Item #10J 4) Recommendation that the Board of County Commissioners waive competitive bidding and approve an agreement with James Lee Witt Associates, LLC (JLWA) as coordinators of Federal Emergency Management Agency Public Assistance and recovery program oversight assistance for Hurricane Wilma in the estimated (not to exceed) amount of $250,000; approve necessary budget amendments. (Henning request) D. PUBLIC SERVICES 1) Recommendation to authorize purchase of furnishings for North Collier Regional Park in the amount of $273,825.85 from Office Furniture and Design Concepts. Page 10 November 29, 2005 2) Recommendation to award Bid No. 05 -3893 Eagle Lakes Phase II ImprovementsConstruction of Pavilion and Tennis Courts to Welch Tennis Courts, Inc. in the amount of $220,744 and Bid No. 05 -3893 Eagle Lakes Phase II ImprovementsConstruction of Storage Building to Sand Stone Builders in the amount of $144,000. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the addition of the classification Director Stormwater Management to the 2006 Fiscal Year Pay and Classification Plan and the removal of the Director Road Maintenance from the 2006 Fiscal Year Pay and Classification Plan. 2) Recommendation to Approve a Budget Amendment for On -site Grant Training. 3) Recommendation to approve and execute an Easement to Florida Power & Light Company for the installation of electrical facilities to serve the Courthouse Annex and Parking Deck, at a cost not to exceed $27.00, Project 520102. 4) Recommendation to authorize the expenditure of a sum not to exceed $3,453.89, resulting from the Boards October 26, 2004 approval of agenda item 16E(3), to reclassify certain county employment classifications from exempt to non - exempt under FLSA. F. COUNTY MANAGER 1) Recommendation to approve a Tourist Development Category A FY 06 Tourism Grant Agreement submitted by the City of Naples for Category A City of Naples Projects, in the amount of $125,000.00. Project Numbers 900033 and 90021.2. 2) Recommendation to award Bid 05 -3811 to Bennett Fire Products Company, Inc. for EMS protective equipment, in the amount of $22,400. 3) Recommend Approval of a 10 -year lease with U.S. Mineral Management Services (US /MMS) for Outer Continental Shelf Sand required for the Beach Renourishment Project No. 905271. Page 11 November 29, 2005 Continued to the December 13, 2005 BCC meeting 4) Recommend Approval of a contract with the Conservancy of Southwest Florida to provide shorebird monitoring as required by FDEP permit for a cost of $34,798 Project No. 905271. Continued to the December 13, 2005 BCC meeting 5) Recommend Approval of the proposal by Coastal Planning & Engineering to provide construction phase engineering support and surveying for a not -to- exceed, Time and Material price of $225,000 for the City of Naples/ County Beach Re- nourishment Project No. 90527. 6) Recommendation to approve a Resolution requiring FY07 Line -Item Detail Budgets for the Sheriff, Clerk and Supervisor of Elections to be submitted by May 1, 2006. Resolution 2005 -411 7) Recommendation to approve Amendment A -1 to Contract 02 -3411 Management Services for Pelican Bay Services Division with Severn Trent Services, Inc. in the amount of $24,000 annually. 8) Board approval of a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Katrina (FEMA - 1602- DR -FL). 9) Board approval of a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Rita (FEMA- 3259- DR -FL). 10) Board approval of a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma (FEMA- 1609- DR -FL). G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Immokalee Annual Farm -City Barbecue on November 23, 2005 and is requesting reimbursement in the amount of $18.00, to be paid from his travel budget. Page 12 November 29, 2005 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board ratify, and authorize the Chairman to sign, an Interlocal Agreement for Election Services with the City of Everglades, authorizing the Supervisor of Elections to lease to the City certain voting equipment owned by Collier County, for use in the City's for election held on November 22, 2005. K. COUNTY ATTORNEY 1) Recommendation to approve payment of attorneys fees and costs in the amount of $859.10 for Parcel Nos. 142, 742A, 742B and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et al., Case No. 03- 2374 -CA (Golden Gate Parkway Project 60027). (Fiscal Impact $859.10) 2) Recommendation to approve payment of attorneys fees in the amount of $800 for Parcel Nos. 141, 841 and 143 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No. 03- 2372 -CA (Golden Gate Parkway Project 60027).(Fiscal Impact $800) 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 RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Page 13 November 29, 2005 A. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt an Ordinance amending Schedule Ten of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, which is the Collier County Consolidated Impact Fee Ordinance, providing for the incorporation by reference of the amended impact fee study entitled Collier County Law Enforcement Impact Fee Study dated September 15, 2005 and revising the Law Enforcement Impact Fee Rate Schedule to reflect a change in the Residential land use rate from an applied formula to a tiered rate schedule. Ordinance 2005 -66 Continued to the December 13, 2005 BCC meeting B. Recommendation that the Board of County Commissioners of Collier County amend the State Housing Initiatives Partnership (S.H.I.P.) down payment and closing cost assistance program for first time homebuyers. (Staff's request). C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2005 -AR- 8365 WCI Communities, Inc., represented by Richard Yovanovich, Esquire of Goodlette, Coleman & Johnson, P.A., is requesting a 2- year extension of the Lands End Preserve PUD in accordance with LDC Section 10.02.13.D.5(a). The subject property, consisting of 262.9, is located in Section 5, Township 51 South, Range 26 East, Collier County, Florida. Resolution 2005 -412 Moved to Item #8A D. This item was continued from the November 15, 2005 BCC meetin This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A- 2005 -AR- 7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. Page 14 November 29, 2005 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX- 2005 -AR- 8266; Section Thirty Corporation, LLC, represented by Dwight Nadeau, of RWA, Inc., is requesting a 2 -year extension to the Livingston Lakes PUD from February 23, 2006 to February 23, 2008. The subject property, consisting of 46.73 acres, is located on the east side of Livingston Road, approximately of a mile south of Immokalee Road, Section 30, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2005 -413 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 15 November 29, 2005 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 29, 2005 Item 1OD: Remove the last words under Recommendations that read: "and authorize the Project Manager to utilize the allowance if necessary." (Staff s request.) Item 16A9 — Title should read: That the Board, having declared a state of emergency in response to Hurricane Wilma, direct the County Manager, or his designee, to: (1) provide for a temporary fee of $25.00 for the issue of permits for banners which are temporarily replacing damaged signs; (2) temporarily cease enforcement of Section 4.06.05.J.2. of the Land Development Code of Collier County, Florida with regard to replacement of code required landscaping for a period not to exceed six (6) months; and (3) to temporarily cease enforcement of Section 10.02.06.G. with regard to the requirement for tree removal permits for a period of 4 months. (Staffs request.) Also in Item 16A9: (1) under Recommendation should read: "(1) provide for a temporary fee of $25.00 for the issuance of permits for banners which are temporarily replacing damaged signs;" (Staffs request.) Move item 16C1 to 10I: Recommendation to award Work Order CDM -FT- 3785 -06 -01 to Camp Dresser McKee, Inc., professional engineering services for two new potable water aquifer storage and recovery (ASR) wells at the Carica Road water facilities site in the amount of $381,340, Project 70897. (Staffs request.) Item 16C4: Staff requests that the following be read into the record: The master contract with James Lee Witt being approved this morning will be executed through specific County approved Task Orders to clearly delineate the work effort and deliverables of each task. These Task Orders will be review in advance by the Clerk of Courts, Purchasing and the County Attorney's Office, prior to approval by the Public Utilities Division. (Staffs request.) Item 16F4: Request that this item be continued to the December 13 2005 BCC meeting: Recommend approval of a contract with the Conservancy of Southwest Florida to provide shorebird monitoring as required by FDEP permit for a cost of $34,798 Project No. 905271. (Staffs request.) Item 16F5: Request that this item be continued to the December 13 2005 BCC meeting: Recommend approval of the proposal by Coastal Planning & Engineering to provide construction phase engineering support and surveying for a not -to- exceed Time and Material price of $225,000 for the City of Naples /County Beach Renourishment Project No. 90527. (Staffs request.) Item 17B: Request that this item be continued to the December 13 2005 BCC meeting due to failure to meet advertising deadline. Recommendation that the Board of County Commissioners of Collier County amend the State Housing Initiatives Partnership (S.H.I.P.) down payment and closing cost assistance program for first time homebuyers. (Staff's request.) Move Item 17D to 8A: This item was continued from the November 15, 2005 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2005 -AR -7403 Grand Inn of Naples, Inc., represented by Michael Fernandez of Planning Development, Inc., requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Development and PUD Master Plan to reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at 1100 Pine Ridge Road. (Commissioner Coyle's request.) Time Certain Items: Item 10A to be heard at 11:00 a.m. Recommendation to consider the following issues associated with Conservation Collier contracting with a private, non - profit group as an intermediary buyer for the School Board Section 24 property. (Staffs request.) 4 A PROCLAMA TION WHEREAS, AIDS and HIV impact the globe with an estimated 40 mil /ion people living with AIDS or HIV infection worldwide; and, WHEREAS, AIDS and HIV continue to be a health concern here in Florida with over 5, 000 new HIV infections in 2003 and 43, 000 people living with AIDS, and, WHEREAS, one person is infected with HIV every 6.4 seconds; and, WHEREAS, Collier County has over 275 people living with HIV and over 900 AIDS cases; and, WHEREAS, the World AIDS Campaign from 2005 to 2010 is ca /ling on individuals and groups to suffort the theme, "Stop AIDS. Keep the Promise. at�v►!��e{ztsctd policy makers; and, WHEREAS, recoS scien WHEREAS, pegp t0 4f,, S, NOW THEREFORE DONE AND ORDERED and b encoured tonsure that poJicie the rights o `oll peop/eY °to beF inf risks of, I i t proc%i of Coin County,J Florida, thot" December 1, s s4 � d World Ai S 1. T ry mta EST: DWIGHT E. BROCK, CLERK be won by `ion; and, rams exist educated designated BO4RMAOF'- BOUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /1 FRED W. COYLE, 11/03/2005 03:21 n396436968 COLLIER CTY ZONING PAGE 02105 7 A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Hoard: Please place the following as a: XXX N, ormat Legal Advertisement tither: (Display Adv., location, etc.) *, rrr, M, eirxwle, Y. tf. �r�*!*, 1�aw* �, M*+• aw, teJr, k# �wt�wa** w�, Fwrt#* �w�t, 4ki��, rrcwM+ F�+, kw, lAk�ww��Y, tk# wYr* A9Fk *w * *k #k,►+rle *�1 * *+eR+li * *+�w *k Originating DcptJ Div: Cotlnm.Dev.Serv. /Planning Person: Michael J. DeRun Date: Petition No. (If none, give brief description): VA- 2003- AR4122, Koller Variance Petitioner: (Name & Address): Carl & Karen Koller. 61.0 99th Ave Nortb, Naples, FL ?4104 Narne & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate s'ieet) Bearing before BCC BZA other Requested Hearing date:. lovember 29 2005 Based on advertisement appearing 15 days before heming. Newspapers) to Wised: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text. (Include legal description & common Iecat'.on & Size: P tr ti oo: VA,:2005 --AHA = Carl and Karen Koller, its owner and agent, are requesting two after - the -fact variances in the RMF-6 (Residential Multiple- Famsly -6 units per acre) zoning district from the minimum required 7.S foot side yard setback. (west: boundary), to allow an 9 -72 inches to 3.24 inches from the TS foot side yard to 6.69 feet to7.23 feet and a two Poor 6.24 inches to one Foot seven inches from the 20 foot rear yard setback to 17.48 feet tol8.l7 feet for the completion of a partially constructed addition to an existing single - family structure and including the existi.rtg encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements. The subject is located at 610 99tr Avenue North, Naples Park Unit 3, Lot 28, Block 29, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113- 138312. 649110 Reviewed by: �r oS 1140, partment Head Date List Attachments: Approved by: County Manager Di T U ><ON I S-TRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request For same, is submitted to County Attorney before submitting to County Manager. The Manager's office wlll distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for File, fpw wRwww kiF *kve *+t *fir *ir* *w *w *M *k� *wwa *Akf. #,w+r s4 akw4 aa�F�* www *k+4h *,►wwxkA� # *w *kwb * #�. *�wa�4 �Y.FK *w+ew *wir #w+r *w.F * *w x,►kkk FOR CLERK'S OFFICE USE ONLY: I Date Received: ( Date of Public hearing: q t pate Advertised: (3 7 p_ RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA- 2005 -AR -8122, FOR FOUR AFTER -THE -FACT VARIANCES AS FOLLOWS: AN .8 -FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 6.7 FEET; A .3 -FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 7.2 FEET: A 2.5 -FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 17.5 FEET AND A 1.8 -FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 18.2 FEET FOR THE COMPLETION OF A PARTIALLY CONSTRUCTED ADDITION TO AN EXISTING SINGLE- FAMILY STRUCTURE AND AN EXISTING ENCROACHMENT OF THE EXISTING NONCONFORMING SINGLE FAMILY STRUCTURE TO THE SIDE (WEST) AND REAR YARD SETBACK REQUIREMENTS ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability for four after - the -fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single - family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A ", in an RMF -6 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said LDC for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; VA- 2005- AR- 8122/MJD /sp 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition VA- 2004 -AR -8122 filed by Carl & Karen Koller, with respect to the property hereinafter described as: Lot 28, Block 29, Naples Park, Unit 3, as recorded in Plat Book 3, Page 5, as recorded in the Official Public Records of Collier County, Florida. be and the same hereby is approved for four after - the -fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single - family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A ", of the RMF -6 Zoning District wherein said property is located, subject to the following conditions: 1. The variance is for four after - the -fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single - family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements, as depicted in the applicant's site plan stamped "Received August 5, 2005," except as further restricted below. This site plan is included as Exhibit A. 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures shall conform to the applicable provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA -2005- AR -8122 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK Approved as to form and legal sufficiency: Marjorie M. S u ent- Stirling Assistant County Attorney VA- 2005- AR- 8122/MJD /sp 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 11-114 FRED W. COYLE, CHAIRMAN EXHIBIT A. BOUNDARY SURVEY SURVEY # 1592 PROPERTY ADDRESS: 610 N. 99TH AVENUE NAPLES FL 34108 LEGAL DESCRIPTION: Lot 28, Block.29, NAPLES PARK, UNIT NO, 3 according to the plat thereof, as recorded In Plat Book 3, Page 5 of the public records of Collier County, Florida. Community Number: 120067 Panel: 0189 Suffix: E Index Date: 9/1411979 F.I.R.M. Date: 6/3/1986 Flood Zone: X Field Work: 8/6/2003 Completed: 8/7/2003 REVISED 2/4/2005 FDPNAIL N - 12k Q) z F . CONC, MON. NWCORNER OFLOT26 N89 '41'5,2W SEE REVERSE 499.'U lhersby rerdyBuf Brie SJnh7� olSen�rya7fha heron dsea8xd pioperyh a bw andTidred repreeenteflon o/e eurvnymeBS endormydkecBan enBBafeeb'eurwyaroeb Ne Mhhnwn TerhNed ' SfendeMe aef fatli by ft Flaf6e pasrd OfPrdeeebrW Lndsuvelare, pleeuenf bmb'on N7.B7Y, lkvMe Sd( Nee, erro 'CMpfvBiG17•BFbnNeadpfi�trsB6fl tn�e, ' %Z�_ - MdcheN B. Thompson Professional Surveyor and Mapper No. 4957 State of Florlda ! c'9!"At, V, A ERVI C, V, FM An VA- 2005 -AR -8122 PROJECT #2005040073 DATE: 815105 MICHAEL DERUNTZ CERTIFIED TO: - CARL KOLLER; KARNE KOLLER; NAPLES TITLE, INC.; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; FIFTH THRID MORTGAGE COMPANY, ITT SUCCESSORS AND /OR ASSIGNS. _ NORTH 99THAVENUE (IMPROVED) B.ft SD.f3'M. � e2 BBB: a68' 28 BLOCKAV f: UPDATED CONCRETE !• I ' : m:. >; SLAB CHANGE 6.69 la x P.O. U g37 1R Y z - -' 5' U SB91579 24 �qlk BLOCK29 1 rn rA 27 29 BLOCK29 ! I sTDRr, '`�.� BLOCK29 253' BhVGLEFAM2Y ,. -•: ^_ I RESIDENCE � mx y I iBA' x I'A =` UPDATED CONCRETE !• I ' : m:. >; SLAB CHANGE 6.69 la x P.O. U g37 1R Y z - -' 5' U SB91579 24 BLOCK29 1 23 BLOCK29 22 BLOCK29 l 30 0 15 30 'NO WSIBfE ENCROACHMENTS i, T AN"EASEMEMVfo1A770NS l�l �w REOBSeRVEDATTrETUrEOF GRAPHIC SCALE (In Feet) 11/03/2005 08:21 2396436966 Department of Zoning wid kind Developm9nt Revlaw 2800 forth Horeeehw DM Naples, Florida 34404 (239) 403.2400 (239) 643- or (239) 213-2916 FAX Fm rn� Tol i J Psuc -jr7 - O -1 COLLIER CTY ZaII AG PAGE 01/05 A From Pages —;—� Rse CC: L3Ur9ent ❑ For Review C7 Plewo Comment 0 Pleasce RAY ❑ Plewse Recycle -Comments: 11/08/2005 93:21 239643696 €; COLLIER CTY PAGE 93/95 7 A RESOLUTION NO. 05- A RESOLLMON Of THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION VARIANCES ORAN 8-FOOT VARIANCE ltiCESS S FOLLOWS: VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 6.7 FEET; A 3-FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 7.2 FEET: A 2.5 -FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 1.7.5 FEET AND A 1.8-FOOT VARIANCE FROM `INE RFQU3I 5D 20 FOOT REAR YARD SETBACK TO 18.2 FEET FOR THE COMPLETION OF A PARTIALLY CONSTRUCTED ADDITION TO AN MaSTING SINOLE-FAMILY STRUCTURE AND AN EXISTING ENCROACHNMNT OF THE EXISTING NONCONFORMING SINGLE FAMILY STRUCTURE T© THE SME (WEST) AND REAR. YARD SETBACK REQUIREMENTS ON PROPERTY MREINAFTER DESCRMED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and W14BREAS, the County pursuant thereto has adopted a Lend Development Code JJ)C) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability for four after - the -fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard in 6.7 Feet; a .3 -foot variance from the required 7.5 foot side yard w 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1..8 -foot variance from the required 20 feet rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single-family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A ", in an RMF-6 Zoning District for the property hereinafter described, and has found as a matter of fact, that satisfactory provision and arrangement have been made ;oncoming all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said LDC for the unincorporated area of Collier County; and WBEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; VA- 20x5- AR- 8IV/M1Dr9p 1 of 2 !:,,3812005 88:21 233E436968 COLLIER ZOl1I14G PAGE 04;'D5 A NOW, 11-TERF-FORE, BE T7' RESOLVE17 BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA. that: The Petition VA- 2004 -AR -8122 flied Iry Carl & Karen Koller, with respect to the. property hereinafter described as: Lot 28, Block 29, Naples Paris, Unit 3, as recorded in Plat Book 3, Page 5, as recorded in the Official Public Records of Collier County, Florida. be and the same bereby is approved for four after-the -fact variances as follows: an .$ -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 75 foot side yard to 7.2 feet: a 25-foot variance from the required 20 foot rear yard setback to 17.5 feet and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to ex existing single- fftrolly structure and an existing encroachment of the existing nonconforming single family stricture to the side (west) and rear yard setback requirements as shown on the attachexl plot plan, Exhibit "A ", of the RINTF -6 Zoning District wherein said property is located, subiect to the following conditions: 1. The variance is for four after-the-fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a 1400t variance from the required 7.5 foot side yard to 7.2 feet a 2.540ot variance from the required 20 foot rear yard setback to 17.5 feet; and a I.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single- family structure and an existing encroachment of the existing nonconforming single family strucnue to the side (west) and rear yard setback requirements, as depicted in the applicant's site plan stampecl "Received August 5, 2005," except as further restricted below. This site plan is included as Exhibit A. 2. if the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of ift destruction, all reconstruction of the structure and accessory structures shall conform to the applicable provisions of the Land Development Code in effect at the time of reconstruction. BE 1T FURTHER RESOLVED that this Resolution relating to Petition Number VA -2005- AR-8 122 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2005. ATTEST: DWIG34TI,. BROCK, CLERK DEPUTY CLERK Approved as to fount and legal sufficiency: M Rorie M. nt- Stirling Assistant County Attorney vA- 2oos- rat- s122aMlsp 2 of 2 BOARD OT' ZONNG APPEALS COLLIER COIJNTY, rLOR.MA BY: FRED W. COYLE, CHAIRMAN 11/03/2005 08:21 2396436958 COLLIER CTY ZahING BOUNDARY SURVEY 5URYEY# 1592 PROPERTY ADDRISV 610 N. 99TH AVENUE NAPLES FL 34108 LEGAL OSSCRIP-110NI Lot 28. 81ack.29. NAPLES PARK, UNIT NO. 3 c=crdInq to the Plot t"reOf, 00 Moorclad III Plot Book 3, Page 5 of the . p%jbnO MCC* Of c.allier County, Florida. Community Number. 120067 Panel-, 0.189 SpAx: E - Index "a: 9/14/1979 FJ.R,M. Do* 6/3/1986 Flood Zono, X Field Work: 4/6/2003 Cofnplete4, 917/2003 REVISED 2/4/2005 EXHIBIT* A SEE RFVER Mumb" � rAft mp%m MW PAGE 05/05 7 EAAQTAA1W�1 W10 SMICM, WC. 'Nii; V.4200941t4112 PROJECT moswon .DATE: 1/9105 MICHAEL 01RUNTZ C;ErSED 70: .CARL KOLLER; KAItNE KOLLER; NAPLi$ 1ITL1, INC.; OLD RFPUILIC NATIONAL TITLE INSURANCE COMPANY, FIFTH THRD MORTGAGE COMPANY, ITS SUCCESSORS AND /OR ASSIGNS- NORTH 99 rH AlIENUE AM-6 :44 27 RLOW29 P.11 pR 0. Ir M. 28 CA 0 off TO, 771 A f 0 Iff Leap 29 OL=2P —O,f,r a i r-Al -14 24 22 23 seocasa ;, ALOCKH r4N WIGf rRkpHIC SCALE 'v AWWW-W 13.-0FA to OpLar's Mumb" � rAft mp%m MW PAGE 05/05 7 EAAQTAA1W�1 W10 SMICM, WC. 'Nii; V.4200941t4112 PROJECT moswon .DATE: 1/9105 MICHAEL 01RUNTZ C;ErSED 70: .CARL KOLLER; KAItNE KOLLER; NAPLi$ 1ITL1, INC.; OLD RFPUILIC NATIONAL TITLE INSURANCE COMPANY, FIFTH THRD MORTGAGE COMPANY, ITS SUCCESSORS AND /OR ASSIGNS- NORTH 99 rH AlIENUE AM-6 :44 27 RLOW29 P.11 pR 0. Ir M. 28 CA 0 off TO, 771 A f 0 Iff Leap 29 OL=2P —O,f,r a i r-Al -14 24 22 23 seocasa ;, ALOCKH r4N WIGf rRkpHIC SCALE 7 A November 8, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition VA- 2005 -AR -8122, Koller Variance Dear Legals: Please advertise the above referenced petition on Sunday, November 13, 2005 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 113- 138312 - 649110 7 A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 29, 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 VA- 2005 -AR -8122, Carl and Karen Koller, as owner and agent, are requesting two after -the fact variances in the RMF -6 (Residential Multiple- Family -6 units per acre) zoning district from the minimum required 7.5 foot side yard setback (west boundary), to allow an 9.72 inches to 3.24 inches from the 7.5 foot side yard to 6.69 feet to 7.23 feet and a two foot 6.24 inches to one foot seven inches from the 20 foot rear yard setback to 17.48 feet to 18.17 feet for the completion of a partially constructed addition to an existing single- family structure and including the existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements. The subject property is located at 610 99th Avenue North, Naples Park Unit 3, Lot 28, Block 29, in Section 28, Township 48 South, Range 25 East, Collier County, Florida 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 W. COYLE, CHAIRMAN 7 A DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk 'C4ou nty- of-Colher 7 CLERK F T O Ht CIRCUIT COURT COLLIER COUNTY URT40USE Dwight E. Brock 3301 TAMIAMI TAIL EXIT Clerk of Courts Clerk of Courts . P.O. BOX 411044 Accountant NAPLES, FLORIDA',31101 -3644 Auditor Custodian of County Funds �x l November 8, 2005 Carl & Karen Koller 610 99th Ave North Naples, FL 34104 Re: Notice of Public Hearing to consider Petition VA- 2005 -AR -8122, Koller Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(W clerk. collier.fl. us Ann P. Jenne'ohn To: legals @naplesnews.com Subject: VA- 2005 -AR -8122 Koller Variance Attachments: VA- 2005- AR- 8122.doc; VA- 2005- AR- 8122.doc Please advertise the attached on Sunday, November 13, 2005 Thank you, Ann VA- 2005 -AR -8122. doc(23 KB) 0-� VA- 2005 -AR -8122. doc(22 KB) �a Ann P. Jenneiohn From: ClerkPostmaster Sent: Tuesday, November 08, 2005 12:26 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT825333.txt; VA- 2005 -AR -8122 Koller Variance EJ 1. ' :! ATT825333.bct VA- 2005 -AR -8122 (229 B) Koller Varianc... 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 1 nneohn Ann P. Je ' � From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, November 08, 2005 12:26 PM To: Ann P. Jennejohn Subject: Delivered: VA- 2005 -AR -8122 Koller Variance Attachments: VA- 2005 -AR -8122 Koller Variance I VA- 2005 -AR -8122 Koller Varianc... «VA- 2005 -AR -8122 Koller Variance>> Your message To: legals@naplesnews.com Subject: VA- 2005 -AR -8122 Koller Variance Sent: Tue, 8 Nov 2005 12:25:36 -0500 was delivered to the following recipient(s): legals on Tue, 8 Nov 2005 12:25:38 -0500 1 VA- 2005 -AR -8122 Koller Variance age 1 of 1 7 A Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Tuesday, November 08, 2005 2:15 PM To: Ann P. Jennejohn Subject: RE: VA- 2005 -AR -8122 Koller Variance - - - -- Original Message---- - From: Ann P. Jennejohn [mailto:Ann.Jennejohn @clerk.collier.fl.us] Sent: Tuesday, November 08, 2005 12:26 PM To: legals @naplesnews.com Subject: VA- 2005 -AR -8122 Koller Variance Please advertise the attached on Sunday, November 13, 2005 Thank you, «VA- 2005- AR- 8122.doc>> «VA- 2005- AR- 8122.doc>> Ann 11/8/2005 z NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Angela Bryant, who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on November 13th, 2005. giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor . promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. i iwoza,�- -� 41C?C, � (S' ture of affiant) Sworn to and subscribed before me This 14th day of November, 2005 ('gnature of notary public) T" �, .N( The Board will consider' Petltion VA-2005-AR- 8122, Carl and Karen Koller, as owner and agent, are requesting two after-the fact vari- ances In the RMF -6 (Residential Multiple - Family-6 units per acre) zoning district from the minimum required 7.5 foot side yard setback lows an 9.72aInc,hes to 3.24 inches from the 7.5 foot side yard to 6.69 feet to 7.23 feet and a two foot 6.24 Inches to one foot seven inches from the 20 foot rear yard setback to 17.48 feet to 18.17 feet for the completion of a partially constructed addition to an existing single- family structure and including the existing encroach- ment° of the existing nonconforming single family structure to the side (west) and rear yard setback require- ments. The subject property is located at 610 99th Avenue North, Naples Park Unit 3, Lot 28, Block 29, In Section 28, Township 48 South, Range 25 East, Collier County, Florida NOTE: All Persons wish- ing to speak on any agenda Item must regis -jl ter with the County Ad- ministrator prior to pre -, sentation of the agenda, item to be addressed.! Individual speakers will: be limited to 5 minutes on any Item. The selec- tion of an individual to speak on behalf of an organization or group is encouraged. 11 recog- nized try the Chair, a spokesperson for a groupp or organization may be allotted 10 min - utes to speak on an Item. II Persons wishing to have written or graphic materials included in the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to the re- spective public hearing. In any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the public hearing. All ma: terial used in presenta- tions before the Board will become a perma- nent part of the record. Any person who decid -', es to appeal a decision! of the Board will need a record of the proceed- ings pertaining thereto) and therefore, may need', to ensure that a verba- tim record of the pro- ceedings is made which, record includes the tes -1 timony and evidence upon which the appeal is based. BOARD OF COUNTY' COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIR MAN DWIGHT E. BROCK,I CLERK By: Ann Jennejohn, Dep- uty Clerk Nov. 13 No. 1259837 VA- 2005 -AR -8122 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Col- lier County will hold a dayliNovember 29, 2005 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamlami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider' Petltion VA-2005-AR- 8122, Carl and Karen Koller, as owner and agent, are requesting two after-the fact vari- ances In the RMF -6 (Residential Multiple - Family-6 units per acre) zoning district from the minimum required 7.5 foot side yard setback lows an 9.72aInc,hes to 3.24 inches from the 7.5 foot side yard to 6.69 feet to 7.23 feet and a two foot 6.24 Inches to one foot seven inches from the 20 foot rear yard setback to 17.48 feet to 18.17 feet for the completion of a partially constructed addition to an existing single- family structure and including the existing encroach- ment° of the existing nonconforming single family structure to the side (west) and rear yard setback require- ments. The subject property is located at 610 99th Avenue North, Naples Park Unit 3, Lot 28, Block 29, In Section 28, Township 48 South, Range 25 East, Collier County, Florida NOTE: All Persons wish- ing to speak on any agenda Item must regis -jl ter with the County Ad- ministrator prior to pre -, sentation of the agenda, item to be addressed.! Individual speakers will: be limited to 5 minutes on any Item. The selec- tion of an individual to speak on behalf of an organization or group is encouraged. 11 recog- nized try the Chair, a spokesperson for a groupp or organization may be allotted 10 min - utes to speak on an Item. II Persons wishing to have written or graphic materials included in the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to the re- spective public hearing. In any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the public hearing. All ma: terial used in presenta- tions before the Board will become a perma- nent part of the record. Any person who decid -', es to appeal a decision! of the Board will need a record of the proceed- ings pertaining thereto) and therefore, may need', to ensure that a verba- tim record of the pro- ceedings is made which, record includes the tes -1 timony and evidence upon which the appeal is based. BOARD OF COUNTY' COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIR MAN DWIGHT E. BROCK,I CLERK By: Ann Jennejohn, Dep- uty Clerk Nov. 13 No. 1259837 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7A 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 #I 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 routine lines tt t thrnu¢h 14 mmn!PtP the rh —L-1jo —A f *., —A r., a „o ra. n: a 94N Route to Addressee(s) List in routing order Office Initials Date 1.Sandra Lea CDES Administration (Initial) Applicable) 2. Zoning and Land Dev. Review 3. November 29, 2005 Agenda Item Number 7A 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 6. Minutes and Records Clerk of Court's Office Documents Attached 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 J. DeRuntz, C.F.M., Phone Number 403 -2416 Contact Principal Planner, (Initial) Applicable) 1. Zoning and Land Dev. Review Agenda Date Item was November 29, 2005 Agenda Item Number 7A Approved b the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document VA Resolution (AR -8122) Number of Original 1 Attached — Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (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 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 1 document or the final negotiated contract date whichever is applicable. xl ' 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. )(--V (� _ 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 xi- time frame or the BCC's actions are nullified. Be aware of your deadlines! f 6. The document was approved by the BCC on November 29, 2005 and all changes made during the meeting have been incorporated in the attached document. The County t, - Attorne 's Office has reviewed the changes, if applicable. —W I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 r7A MEMORANDUM Date: December 1, 2005 To: Michael DeRuntz, Principal Planner Planning Services From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005 -416 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #7A), as approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure r 7A RESOLUTION NO. 05- 416 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA- 2005 -AR -8122, FOR FOUR AFTER - THE -FACT VARIANCES AS FOLLOWS: AN .8 -FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 6.7 FEET; A .3 -FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 7.2 FEET: A 2.5 -FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 17.5 FEET AND A 1.8 -FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 18.2 FEET FOR THE COMPLETION OF A PARTIALLY CONSTRUCTED ADDITION TO AN EXISTING SINGLE- FAMILY STRUCTURE AND AN EXISTING ENCROACHMENT OF THE EXISTING NONCONFORMING SINGLE FAMILY STRUCTURE TO THE SIDE (WEST) AND REAR YARD SETBACK REQUIREMENTS ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability for four after - the -fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single - family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A ", in an RMF -6 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said LDC for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; VA- 2005- AR- 8122/MJD /sp 1 of 2 «r 7 A w NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition VA- 2004 -AR -8122 filed by Carl & Karen Koller, with respect to the property hereinafter described as: Lot 28, Block 29, Naples Park, Unit 3, as recorded in Plat Book 3, Page 5, as recorded in the Official Public Records of Collier County, Florida. be and the same hereby is approved for four after- the -fact variances as follows: an .8 -foot variance from the required 7.5 foot side yard to 6.7 feet; a .3 -foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5 -foot variance from the required 20 foot rear yard setback to 17.5 feet and a 1.8 -foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single - family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A ", of the RMF -6 Zoning District wherein said property is located, subject to the following conditions: 1. The variance is limited to the dimensions of the existing single - family residential structure and proposed addition as depicted in the applicant's site plan stamped "Received August 5, 2005," except as further restricted below. This site plan is included as Exhibit A. 1. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures shall conform to the applicable provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA -2005- AR -8122 be recorded in the minutes of this Board. This Resolution adopted aftw motion, second and majority vote. t, _ Done this day of IV6 (/e "�,)1_142005. ATTEST: DWIGHT E. BROCK, CLERK MTY CLERK ., .4s tb 04n JIIJM * % s t gfnetur�# o�.l y Approved as to form and legal sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: C FRED W. COYLE, CHAIRM (4U O Mari Me M. Student - Stirling Assistant County Attorney VA- 2005- AR- 8122/MJD /sp 2 of 2 Item # Agenda Date G " +e Rec'd eputy Clerk BOUNDARY SURVEY SURVEY # 1592 PROPERTY ADDRESS: 610 N. 99TH AVENUE NAPLES FL 34108 LEGAL DESCRIPTION: Lot 28, Block 29, NAPLES PARK, UNIT NO.3 according to the plat thereof, as recorded in Plat Book 3, Page 5 of the public records of Collier County, Florida. Community Number: 120067 Panel: 0189 Suffix: E Index Date: 9/14/1979 F.I.R.M. Date: 6/3/1986 Flood Zone: X Field Work: 8/6/2003 Completed: 8/7/2003 REVISED 2/4/2005 6 w�t ofZ oCONC. AION. row COP" OFLOT 26 SEE REVERSE EXACTA AGO 1141 LAND SERVICES, INC. N��1' VA- 2005 -AR -8122 PROJECT #2005040073 DATE: 8/SMS MICHAEL DERiINTZ CERTIFIED TO: CARL KOLLER; KARNE KOLLER, NAPLES TITLE, INC.; OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; FIFTH THRID MORTGAGE COMPANY, ITS SUCCESSORS AND /OR ASSIGNS. I iw 28 9LOCK29 l: NORTH 99THAVENUE 23 earzry (aiwRO�L�DJ M?9*41ww fob —,, aR so lr�u Aw's low friars Alea'S7 V 50OI A I iw 28 9LOCK29 l: SL46CHAAGE I5 L y r- - - - 24 sa9s ecOCKAI I at, 22 23 1 SLOCK29 SLOCK26 IIr�Oy,,r1�AYAb SiwMdSin�ydA,hnw, i,dApdp,gryb�br ndmvM nrynwr,6ndi..WON*~.Yd dm&wA wMA"ww&w AM Aft rov" Slv,dwbrlbrAOy W AoiNrDartl anoA.`rwSUMM4 p�bada /1Tl.Ai7. rassarrc wcrwws�o-vs�w.abredw,m�a. t y0 0 15 30 AWW A 'OF ao' N P SwnywendAlggosr AA%4957 SbbctFh*s nesow.. GRAPHIC SCALE (In Feet) I RC E4 H l� H x x w 1 7 A v:; 23 27 29 9LOpf29 SLOCY29 Z.59 Piave= �I sew •,• 0. f5 ` I"'n OVA TED OOAlCRET a SL46CHAAGE I5 L y r- - - - 24 sa9s ecOCKAI I at, 22 23 1 SLOCK29 SLOCK26 IIr�Oy,,r1�AYAb SiwMdSin�ydA,hnw, i,dApdp,gryb�br ndmvM nrynwr,6ndi..WON*~.Yd dm&wA wMA"ww&w AM Aft rov" Slv,dwbrlbrAOy W AoiNrDartl anoA.`rwSUMM4 p�bada /1Tl.Ai7. rassarrc wcrwws�o-vs�w.abredw,m�a. t y0 0 15 30 AWW A 'OF ao' N P SwnywendAlggosr AA%4957 SbbctFh*s nesow.. GRAPHIC SCALE (In Feet) I RC E4 H l� H x x w 1 7 A v:; 7 8 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: RECEIVED XXX Normal Legal Advertisement Other: NOV U 2 2005 (Display Adv., location, etc.) Board of County Commissioners Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Michael Bosi, AICP Date: j - 14-VT Petition No. (If none, give brief description): VA- 2005 -AR -7965, Hall Residence Variance Petitioner: (Name & Address): Faas Brothers Inc., Diane Faas, 4440 Domestic Ave., Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) James & Lori Hall, 112 Warwick Hills Dr., Naples, FL 34113 Hearing before BCC BZA Other Requested Hearing date: November 29.2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: VA- 2005 -AR -7965 James and Lori Hall, represented by Diane Faas, are requesting a variance for an existing screen enclosure within the required I0 -foot rear setback for an accessory structure in a RSF -3 zoning district. The applicant is seeking a 2 -foot 4 inch variance from the required 10 -foot set back, leaving a 8 -foot 8 inch rear yard. The property to be considered for the variance is located at 112 Warwick Hills Drive, and is further described as Unit 1 Block 4 Lot 8, of Lely Golf Estates, in Section 19, Township 50 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: I/ i epartment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **, �**: �******* �f, �******, r** r** rr * * *,r * * * * *,e+r * * * * * *+r,w * *�r* war* t** �**,►**«********** * * * * * * « * *+r,w. *+r * * * *+r * * * * * *,r FOR CLERK'S OFFICE USE ONLY: Date Received; i I I L4 Date of Public hearingi d7(l 1 0!, Dge Advertised` I 7 B RESOLUTION No. o5— A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA- 2005 -AR -7965, FOR AN AFTER- THE -FACT VARIANCE OF 2.33 FEET FROM THE 10 -FOOT REAR YARD SETBACK TO 7.67 FEET FOR ACCESSORY STRUCTURES IN AN RSF -3 ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 200441 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 233 -foot after- the -fact variance from the required 10 foot rear yard setback to 7.67 feet for accessory structures, as shown on the attached plot plan, Exhibit "A ", in an RSF -3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED By THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA- 2005 -AR -7965 Sled by Diane Faas of Faas Brothers, Inc., representing James and Lori Hall, with respect to the property hereinafter described as: Lot 8, Block 4, Unit 1 of Lely Golf Estates according to the plat recorded in Plat Book 8, Page 49 of the Public Records of Collier County Florida and located in Section 19, Township 50 South, Range 26 East, Copier County, Florida. be and the same hereby is approved for a 2.33 -1oot after- tho-fact variance from the required 10 foot rear yard setback to 7.67 feet for accessory structures, as shown on the attached plot plan, Exhibit "A ", of the RSF -3 Zoning District wherein said property is located, subject to the following condition: 1. The variance gmaated is limited to the &&v6the -bat Year yard asuzoaohment ibr the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated 2004. This site plan is included as Exhibit A; BE 1T RESOLVED that this Resolution relating to Petition Number VA- 2005 -AR -7965 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of _ .2005. ATTEST: DWIGHT E. BROOK, CLERK Approved as to F and Legal Suffnci Jennifer A. Belpe Assistant County .2- BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN I i 1I I It Is „AW a fh C I 5 uc� r ruc on— r� fk. R• a� 4' t !it oil N s 0=9 r1h al I � I I I" I � � I d �i I a� I �i I x s Ann P. Jennejohn �` R To: Subject: Attachments Hello, Please advertise �A VA- 2005 -AR -7965. doc(22 KB) Thanks! Ann legals @naplesnews.com VA- 2005 -AR -7965, James & Lori Hall Variance VA- 2005- AR- 7965.doc; VA- 2005- AR- 7965.doc the attached on Sunday, November 13th. ��I VA- 2005 -AR -7965. doc (23 KB) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 29, 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: VA- 2005 -AR -7965, James and Lori Hall, represented by Diane Faas, are requesting a variance for an existing screen enclosure within the required 10 -foot rear setback for an accessory structure in a RSF -3 zoning district. The applicant is seeking a 2 -foot 4 inch variance from the required 10 -foot set back, leaving a 8 -foot 8 inch rear yard. The property to be considered for the variance is located at 112 Warwick Hills Drive, and is further described as Unit 1 Block 4 Lot 8, of Lely Golf Estates, in Section 19, Township 50 South, Range 26 East, Collier County, Florida 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk Caau fY- of- Collier CLERK OF TH8 CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT4i pUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 41+1044 Accountant NAPLES, FLORIDA 31101 -30}4 Auditor "s, . i Custodian of County Funds November 4, 2005 James & Lori Hall 112 Warwick Hills Dr. Naples, FL 34113 Re: Notice of Public Hearing to consider Petition VA- 2005 -AR -7965, Hall Residence Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk(d)clerk collier.fl.us 'C0Un� -of4 CLERK OF Mt C- 11 Dwight E. Brock COLLIER COUNTY C Clerk of Courts 3301 TAMIAMI T� PO. BOX 4 NAPLES, FLORIDA November 4, 2005 Diane Faas Faas Brothers, Inc. 4440 Domestic Ave. Naples, Fl 34104 )MIlier 7 --UIT COURT JRT4PUSE Clerk of Courts 1 EAST 14 Accountant [101-3044 Auditor r Custodian of County Funds Re: Notice of Public Hearing to consider Petition VA- 2005 -AR -7965, Hall Residence Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk@clerk.collier.Mus Ann P. Jenneiohn 7 8 From: ClerkPostmaster Sent: Friday, November 04, 2005 4:42 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT551536.txt; VA- 2005 -AR -7965, James & Lori Hall Variance El L�I ATT551536.txt VA- 2005 -AR -7965, (229 B) James & Lori ... 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 1 Ann P. Jenne'ohn 07 8 From: System Administrator [postmaster @naplesnews.com] Sent: Friday, November 04, 2005 4:42 PM To: Ann P. Jennejohn Subject: Delivered: VA- 2005 -AR -7965, James & Lori Hall Variance Attachments: VA- 2005 -AR -7965, James & Lori Hall Variance ILI VA- 2005 -AR -7965, James & Lori ... «VA- 2005 -AR -7965, James & Lori Hall Variance>> Your message To: legals @naplesnews.com Subject: VA- 2005 -AR -7965, James & Lori Hall Variance Sent: Fri, 4 Nov 2005 16:41:56 -0500 was delivered to the following recipient(s): legals on Fri, 4 Nov 2005 16:41:57 -0500 1 VA- 2005 -AR -7965, James & Lori Hall Variance Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, November 07, 2005 10:38 AM To: Ann P. Jennejohn Subject: RE: VA- 2005 -AR -7965, James & Lori Hall Variance - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Friday, November 04, 2005 4:42 PM To: legals @naplesnews.com Subject: VA- 2005 -AR -7965, James & Lori Hall Variance Hello, Please advertise the attached on Sunday, November 13th 7965.doc>> «VA- 2005- AR- 7965.doc>> Thanks! Ann 11 /7/2005 7 Page 1 of 1 8 «VA- 2005 -AR- Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ------------------------------------------ --------- -------------------- - - - - -- hi Any Person who decid- es to appeal a decision eco d of t e (proceed Ings pertaining thereto and therefore, may need to ensure that a verbs, tim record of the pro• whichi records Includes I dencesupon whi h the' appeal Is based. BOARD OF COUNTY COLLIERNCROUNTY, FLORIDA FRED W. COYLE, CHAIR- MAN DWIGHT E. BROCK, CLERK 8y Ann Jennejohn. Dep. uty Clerk Nov.1_____3 No_1258773 atwtfier�oerd�otYCgotirny Commissioners of Col- fier County will hold a BOARD OF COUNTY COMMISSIONERS Public heating on Tues- Mb* 29,?005d bathe CHERI LEFARA BQ Floor, Administration PO BOX 413 016 Building, Collier County NAPLES FL 34101 -3016 Government Center, 3301 East TamlamI Trail, Naples, wlill gin at 9100 A.M. . The Board will consider REFERENCE: 001230 11313 8 312 64 9110 Petition. VA- 200S -AR. 7985, James an Lori Hall, `�y 59134726 VA- 2 0 0 5 -AR - 7 9 6 5 NOT I C represented DI. ame Faas, are requesting State of Florida a variance for an exist - in screen enclosure within the r County of Collier foot rear sett ck for an Before the undersigned authority, personally accessory structure in ai appeared Angela Bryant, who on oath says that she The zoning district. The applkxutt Is serves as Assistant Secretary of the Naples Daily seeking a 2.fobt 4 Inch variance News, a daily newspaper published at Naples, in from the required 10. foot set back, leaving a Collier Countv, Florida: that the attached 8 -foot 81nch rear yard. copy of advertising was published in said The property to be con. newspaper on dates listed. vprlance sidered for the Is located at 112 War. Affiant further says that the said Naples Daily wick Hills Drive and Is further described News is a newspaper published at Naples, in said as Unit l Block 4 Lot 8, of Collier County, Florida, and that the said Lely Golf Estates, in sec- newspaper has heretofore been continuousl Y tlon 19 Township SO south, Mange 26 East, published in said Collier County, Florida, each Collier County. Florida day and has been entered as second class mail NOTE: All Persons wish - matter at the post office in Naples, in said ing to speak on any! Collier County, Florida, for a period of 1 year agenda Item must regis- ter with the County Ad- next preceding the first publication of the ministratorpr for to pre - attached copy of advertisement; and affiant sentation of the item to be addresse agendd. a further says that she has neither paid nor Individual speakers will promised any person, firm or corporation any i be limited to 5 minutes discount, rebate commission or refund for the on any item. The selec- lion bf an Indivldual to purpose of securing this advertisement for speak on behalf of an P ubliction in the said newspaper. o rganization or group is encouraged. IT recog- PUBLISHED ON: 11/13 11/13 nized by the Chair, a spokesperson for a group or oroanization as lonman, .test Peak Item. Persons wishing to have written or ggrr hic materials Inclurle in AD SPACE: 113.0 0 0 INCH the Board agenda pack. FILED ON : 11/14/05 ets must submit said ' material a minimum 3 ----------------------- - - - - -- -- - -- ----- +------------------- of - - - - -, weeks prior to the re- f spective Public hearing. Signature of Af f iant -C "� r%`r et' i In to an yy case, written ma- terlals intended to be ,J= A considered by the Board its Sworn to and Subscribed before me this �� day of shall'be submi�t�d to 20�� tnrappreprlate county staff a minimum of sev- Personally known by me = e f- i een days prior to the `� s� terbalcusedrng. AllleMa- lions be -- fare the Board will become a perma- nent part of the record. hi Any Person who decid- es to appeal a decision eco d of t e (proceed Ings pertaining thereto and therefore, may need to ensure that a verbs, tim record of the pro• whichi records Includes I dencesupon whi h the' appeal Is based. BOARD OF COUNTY COLLIERNCROUNTY, FLORIDA FRED W. COYLE, CHAIR- MAN DWIGHT E. BROCK, CLERK 8y Ann Jennejohn. Dep. uty Clerk Nov.1_____3 No_1258773 �T MEMORANDUM Date: December 1, 2005 To: Mike Bosi, Principal Planner Zoning and Land Devlopment Review From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005 -417 Enclosed please find one copy of the document referenced above, Agenda Item #711, which was approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 70 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 fonvarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I 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 thrnrnoh #4 cornnlatr the hP L-1i.t a,,,r f .,� � *„ e.,o cam,... ,:_...,r. _ ___ _ _. __ , corn Route to Addressee(s) (List in routing order) .___ ...— — ..� .......... ......, Office ....... — — — . 1a 1 Initials klll "). Date 1. S appropriate. (Initial) G; 2. Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number 3. (( -a•G- S 1 l3 4. l \ _ Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION S (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 Contact M�+4a5i Phone Number N/A (Not appropriate. (Initial) (,S� -S7y1 Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number Approved by the BCC (( -a•G- S 1 l3 Type of Document _ Number of Original Attached �� (�v;, — l Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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, A�Q 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 Office and all other parties except the BCC Chairman and the Clerk to the Board �J 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. f^= 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnature and initials are required. " 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! 6. The document was approved by the BCC on 1� L' (enter date) and all changes N/A is not made during the meeting have been incorporatedin the attached document. The t� an option for Count Attorney's Office has reviewed the changes, if applicable. line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ii Fe RESOLUTION NO. 05— 417 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA- 2005 -AR -7965, FOR AN AFTER- THE -FACT VARIANCE OF 2 FEET, 4 INCHES FROM THE 10 -FOOT REAR YARD SETBACK TO 7 FEET, 8 INCHES FOR ACCESSORY STRUCTURES IN AN RSF -3 ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41 as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 2 -foot, 4 inch after- the -fact variance from the required 10 foot rear yard setback to 7 feet, 8 inches for accessory structures, as shown on the attached plot plan, Exhibit "A ", in an RSF -3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition VA- 2005 -AR -7965 filed by Diane Faas of Faas Brothers, Inc., representing James and Lori Hall, with respect to the property hereinafter described as: Lot 8, Block 4, Unit 1 of Lely Golf Estates according to the plat recorded in Plat Book 8, Page 49 of the Public Records of Collier County Florida and located in Section 19, Township 50 South, Range 26 East, Collier County, Florida. be and the same hereby is approved for a 2 -foot, 4 inch after- the -fact variance from the required 10 foot rear yard setback to7 feet, 8 inches for accessory structures, as shown on the attached plot plan, Exhibit "A ", of the RSF -3 Zoning District wherein said property is located, subject to the following condition: -1- The variance granted is limited to the after- the -fact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated 2004. This site plan is included as Exhibit A; BE IT RESOLVED that this Resolution relating to Petition Number VA- 2005 -AR -7965 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of IUG 1 ,/t" 2005. A'T'TEST: - GHT E. BROC , CLERK ttest as to M i rwa • sign4turt only. Appt'gved as to.,Form and Legal Sufficiency Jennifer A. Belpedi Assistant County Attorney -2- BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: W . FRED W. COYLE, CHA UK Item # l_ b Agenda l I __N -04 Date t l Die I Z-1 'O5 Rec'd- I A -EVA ru co fo I W FA %7,&"Ze ow -EVA ru co fo I W COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEAR To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: COmm.Dev.Serv. /Planning Person: Michael J. DeRunt �� Date: Petition No. (If none, give brief description): VA- 2005 -AR -8122, Koller Variance Petitioner: (Name & Address): Carl & Karen Koller, 610 99th Ave North, Naples, FL 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 BZA Other Requested Hearing date: November 29 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: VA- 2005 -AR -8122, Carl and Karen Koller, as owner and agent, are requesting two after- the -fact variances in the RMF -6 (Residential Multiple- Family -6 units per acre) zoning district from the minimum required 7.5 foot side yard setback, (west boundary), to allow an 9.72 inches to 3.24 inches from the 7.5 foot side yard to 6.69 feet to7.23 feet and a two foot 6.24 inches to one foot seven inches from the 20 foot rear yard setback to 17.48 feet to 18.17 feet for the completion of a partially constructed addition to an existing single- family structure and including the existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements. The subject property is located at 610 99th Avenue North, Naples Park Unit 3, Lot 28, Block 29, in Section 28, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: '� 7 ��-- epartment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: —1 Date of Public hearing: ( OT L 6 Date Advertised: -1 —lb-22L06 MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -414 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures � S MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissiners FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -414 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 A 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 tbnvarded 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 throu h routin lines # 1 thro 444 1 Route to Addressee(s) (List in routing order) u , comp ete the checklist, and Office forward to Sue Filson Initials (line #5). Date 1. County Attome 's Office (Initial) Applicable) 2. November 29, 2005 Agenda Item Number 9A 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 Kay Nell, CLA Phone Number Extension 8400 Contact County Attome 's Office (Initial) Applicable) Agenda Date Item was November 29, 2005 Agenda Item Number 9A Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Resolution Number of Original 1 Attached I contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached IN,r,TRUCTInNC .0 rwwt -wi rc-r I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N 1 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) Applicable) 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 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- si gnature and initials are re uired. ( j 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. j 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 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2005 -414 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT JENNIFER HECKER TO THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE WHEREAS, on April 26, 2005, the Board of County Commissioners adopted Resolution No. 2005 -174 establishing a Habitat Conservation Plan Advisory Committee as an ad hoc committee; and WHEREAS, the Habitat Conservation Plan Advisory Committee shall be composed of nine (9) 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 WHEREA, the 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 Jennifer Hecker, representing the categories of Environmental & Ecological Permitting and Land Management, is hereby appointed to the Habitat Conservation Plan Advisory Committee to fulfill the remainder of the vacant term, said term to expire on June 14, 2008. This Resolution adopted after motion, second and majority vote. DATED: November 29, 2005 ATTEST: DWIGHT E. BROCK, Clerk • $ S Approve legal sA(4;n ititt � l � C:IJ David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYL��hairm o ■ 1 MEMORANDUM DATE: December 20, 2005 TO: Sue Filson, Executive Manager Board of County Commissiners FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -415 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #911) approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures FT MEMORANDUM DATE: December 20, 2005 TO: Kay Nell, CLA County Attorney's Office FROM: Michelle Morales, Deputy Clerk Minutes and Records RE: Resolution 2005 -415 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #911) approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, you may contact me at 732 -7240 ext. 7240. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO B 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 # I 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 thrnuvh rnnrin fi—, 441 rh..,,...h 44A -- Route to Addressee(s) List in routing order) --.. - „. .,.•,u .. „ , �., n,� �nc�nnst, auu Office rorwaro to sue ruson Initials (Ime #5). Date I. County Attorney's Office (Initial) Applicable) 2. November 29, 2005 Agenda Item Number 913 3. by the Office of the County Attorney. This includes signature pages from ordinances, ; f 4. Resolution Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 die 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 Phone Number Extension 8400 Contact County Attorney's Office (Initial) Applicable) Agenda Date Item was November 29, 2005 Agenda Item Number 913 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, ; f Type of Document Resolution Number of Original 1 Attached I contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached IN,S,TRUC''TIONC Y, f-Ur t-Wil rcrr L: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N 1 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) Applicable) 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, ; f 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 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 -si gnature and initials are required. 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! 6. 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 County Attorney's Office has reviewed the changes, if applicable. L: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 � 1 RESOLUTION NO. 2005 -415 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT WILLIAM W. HILL TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99 -6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99 -6 provides that the Environment Advisory Council shall consist of 9 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that William W. Hill is hereby appointed to the Environmental Advisory Council to fulfill the remainder of the vacant term plus an additional four year term, said term to expire on April 13, 2010. This Resolution adopted after motion, second and majority vote. DATED: November 29, 2005 ATTEST: DWIGHT E. BROCK, Clerk E . _ - :0 r � !,pd a o forW.,And IegaYr�iei?:t w David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chair ORIGINAL DOCUMENTS CHECKLIST ROS SENT TO ACCOMPANY ALL ORIGINAL DOCUMENTS THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU "on Print on pink paper. Attach to original document. Original documents should he 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 ature, draw a line throu h routing lines #I through #4, complete the checklist, and forward to Sue Filson line #5). exception of the Chairman's sign Route to Addressee(s) Office Initials Date List in routing order 1. 2. 3. 4. Jeffrey A. Klatzkow "I 5. Sue Filson, Executive Manager 6. Minutes and Records County Attorney Office Board of County Commissioners Clerk of Court's Office JAK 11/4/05 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 Name of Primary Staff Contact Agenda Date Item was ADDroved by the BCC Type of Document Attached Jeffrey A. Klatzkow, Esq. November 29, 2005 Developer Contribution Agreement between Collier County and Calusa Pines Golf Club, LLC Phone Number 774 -8492 Agenda Item Number 1013 Number of Original One (1) Documents Attached ­1Ci W TnTId'IXTQ Q. d-uVd -WI .ICT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10B OFFICE OF THE COUNTY A TTORNE Y INTEROFFICE MEMORANDUM TO: Clerk to the Board of County Commissioners (Attn: Trish) FROM: Jeffrey A. Klatzkow, Assistant County Attorney (8492) DATE: January 3, 2006 RE: Developer Contribution Agreement between Collier County and Calusa Pines Golf Club, LLC, (Agenda Item lOB, November 29, 2005) Attached is one (1) original Developer Contribution Agreement (referenced above). Please call Odalys Valdes in our office (774 -8868) when the Agreement is fully executed and attested, so she may pick up a copy of same. The other party has requested a copy of the fully- executed Agreement prior to recording. Also, please record the original Agreement and forward the recording receipt our office. Sharon Newman with the Transportation Department provided the following information to pay the recording fees: FUND: 313 COST CENTER: 163673 OBJECT CODE: 649030 PROJECT: 601711 Thank you again for your assistance. cc: Sharon Newman, Accounting Supervisor, Trans /Admin (w /attachments) 1 10 0 MEMORANDUM Date: January 12, 2006 To: Sharon Newman, Operations Support Manager Transportation Administration From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Developer Contribution Agreement between Calusa Pines Golf Club, LLC & Collier County Enclosed, please find a copy of the document referenced above (Agenda Item #lOB), as approved by the Board of County Commissioners on Tuesday, November 29, 2005. Should you have any questions, please call me at 774 -8406. Thank you. Enclosure DEVELOPER CONTRIBUTION AGREEMENT CALUSA PINES THIS AGREEMENT ( "Agreement ") is made and entered into this L nM�, day of 2005, by and between Calusa Pines Golf Club, LLC, a Florida limited liability company hereinafter referred to as Developer, whose address is 33 North Dearborn Street, Suite 1610, Chicago, Illinois 60602, and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Developer has legal control over or is the owner of approximately 530 acres of property in unincorporated Collier County, Florida, on which 530 residential units will be constructed which is the site of a Development known as Calusa Pines (hereinafter referred to as the "Development "), which Development is identified in the map attached as Exhibit "A "; and WHEREAS, Developer is willing to donate at no cost to County approximately 4.3 acres of land valued at approximately $1,200,000.00 for road right -of -way and utility purposes; and WHEREAS, Developer's donation will assist in bringing access and utilities to the Habitat for Humanity parcel located on Woodcrest Drive, thereby assisting the County in its desire and need to increase affordable housing throughout Collier County; and WHEREAS, the Developer's donation will assist the County in constructing a by -pass roadway system allowing approximately 5,000 to 7,000 vehicle trips to avoid the intersection of Immokalee Road and Collier Boulevard; and WHEREAS, this Agreement is structured to insure that adequate public facilities are available to serve the Development concurrent with when the impacts of the Development occur on the public facilities, and specifically to insure that transportation facilities needed to serve this Development shall be in place or under actual construction within 3 years after the County approves a building permit or its functional equivalent that results in traffic generation; and WHEREAS, the parties have agreed to certain terms and conditions set forth below; and WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and Page 1 of 6 f t, .-. C�. PO �y�c- oo P cT H O H C-3 x W to x .P :;a C �d� tm x x r 0 P x PO �� o� N O w C+ a'1 CT =r N r. H n H O .b Ud d� W o Cr 0 Pte._ ., Cr r-. 0 0 OR: U60 PG: 1147 QB valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree 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. 2. Developer shall convey or cause to be conveyed in fee simple to County, free of charge and with no impact fee credit, two 35 -foot strips of land and compensating right of way for turn lanes as described in section 5 of this Agreement below and if necessary shared slope and construction easements on the East and West side of Woodcrest Road as described in Exhibit "B" within sixty (60) days of the date this Agreement is approved by the Board of County Commissioners (hereinafter referred to as the "Effective Date "). This conveyance is to be free and clear of all liens and encumbrances, and made by statutory warranty deed, the form of which is attached hereto in Exhibit "C ". The County will be responsible for paying the costs of any title work and searches, and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. With respect to this provision, time is of the essence. It is acknowledged that Developer's failure to promptly convey the parcel to County, as set forth herein shall result in actual damages to County. In that actual damages are difficult to ascertain with substantial certainty, the parties agree that Developer shall pay to County as liquidated damages the sum of $1,000 per day for each day past the above 60 -day deadline that the warranty deed is not delivered to County. Such liquidated damages will be paid in place of County's claims for actual damages. Upon conveyance of the right -of -way to County, County shall reserve capacity within its transportation system for the Development. This reservation is contingent upon Developer submitting a plat application for the Development within 180 days of the Effective Date. Should Developer fail to meet this deadline through no fault of its own, this time will be extended an additional 180 days. Should Developer fail to meet this plat submittal deadline, the reservation of capacity will terminate, and be of no further force or effect, 15 days following County's written notice of termination to Developer, unless the plat application is filed prior to the expiration of the 15 -day written notice period. 3. Developer shall pay its fair share of the construction costs, not to exceed $500,000 to modify the drainage improvements along Massey Road to accommodate the development stormwater and roadway stormwater as set forth in Exhibit "D ". In the alternative, the Developer may construct at its sole cost and expense, an open channel designed to meet the regional drainage requirements established by the County. The design of the open channel is subject to County approval. The County shall seek a fair share reimbursement from other future developments utilizing the drainage improvement. 4. Access to the Developer's property on Woodcrest Drive will be master planned through Collier County and its consultant. Page 2 of 6 OR: 3960 16 1 S 5. In order to prioritize the through movements on Woodcrest Road, Massey Road, and Tree Farm Road, right and left turn lanes will be required. Developer will provide all needed right -of -way for these turn lanes to the County, free of charge and with no impact fee credit. 6. County will have the option to purchase a strip of land within the area defined in Exhibit `B" to accommodate an additional turn lane if later deemed by County to be warranted. To exercise this option, County will hand deliver written notice to Developer, which notice will include a statement of intent to exercise the option, a copy of this Agreement, and a legal description of the strip of land to be purchased for the additional turn lane. Within 60 days of receipt of such notice, Developer will convey the requested land to County. This conveyance will be free and clear of all liens and encumbrances, and made by statutory warranty deed. County will pay the costs of any title work and searches, and Developer shall pay all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. Upon receipt of the deed, County will pay Developer a sum equal to $100,000 per acre multiplied by the actual acreage purchased, and County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. County acknowledges that this agreed upon purchase price is well below the current fair market value of the property and is an additional benefit to County. This option will run with the land, and is substantial consideration for County entering into this Agreement. 7. Should a traffic signal be installed at the intersection of Immokalee Road and Woodcrest Road, Developer will pay 17% of all actual costs incurred with respect to the design and construction of the traffic signal when installed. 8. At the earlier of plat approval or 9 months after plat submittal to County, Developer shall prepay to County one -half (1/2) of the County's estimated Road Impact Fees for the Development. Upon payment of these fees, Developer shall receive a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct 530 residential units solely for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits for the 530 units. Payment of these fees vests the development entitlements for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. This initial 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate. 9. Not later than 90 days prior to the expiration of the three -year period for the Certificate, the County shall notify Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the Certificate applies or modify the Certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation Page 3 of 6 OR: 396 PG; 1149 108 impact fees are paid, those estimated fees are non - refundable. The Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. It shall be Developer's or a subsequent record titleholder's (of all or a portion of the Property; i.e. lot/tract purchaser) obligation to notify the County that a credit is available, each time a building permit is applied for. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build -out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate is modified to delete those entitlements. 10. To help meet the County's transportation concurrency management needs, Developer agrees that no Certificate of Occupancy will issue on any of the units until April 1, 2007. 11. The burdens of this Agreement (including the option to purchase), shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Homeowner Association(s). Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 12. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 13. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 14. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developer upon request. Page 4 of 6 ORi301�G; 1150 15. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGA ; FjCROCK, Clerk Clerk WITfifEim 4PnrintNale: r,`s S �'� sAl Print Name: STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Chairm CALUSA PINES, LCC, a Florida limited liability company "Chensoff Managing Member The foregoing instrument was acknowledged before me this Q`7 t� day of _NQVQ -mfr , 2005, by Gary V. Chensoff, as Manor gmg Member of Calusa Pines, LLC, a Florida limited liability company, who is(ba ersonally known to me ) or [ ] has produced driver's license no. as identification. wsc�j,.,, I�IT 101 VWft • MaM of Florida (S SpkwAp 1s.2W? Commission # DD192331 , :;-, s:(uiorwiNokmY My Commission Expires: 69r Page 5 of 6 Jeffrey and legal sufficiency: Attorney Page 6 of 6 OR. 310CG81151 OR; 3106" 1152 I N 02'19'41' w IMMOKALEE ROAD 24 19 23 • 2j/ - - 179:04' — — -- •— •- -- • -- --- en:reTii�c — 5r9?o58''ii' � �� � 2T 30 26 E a m N °o N 0 0 z E 0 0 rn v co h 10 0 Ln S N N 89 49'57' w 2627.11' NOTES: 1. BEARINGS ARE BASED ON A SKETCH OF DESCRIPTION BY WILSON MILLER FOR CALUSA PINES GOLF CLUB, LLC AND DATED APRIL 2002. 2. APROXIMATELY 505.1 ACRES PLUS OR MINUS. 30 31 SKETCH OF PROJECT BOUNDARY NAPLES, F FLORIDA COURT 34112 CALUSA PINES p PHONE (239) 434 -0333 E N N E E R N G FAX (239) 434 -9320 DAB PROJECT NO. n N0. SCALE SHEET E.B. #642 & LB. #642 NOV 2005 20055748 25 -48 -26 As Shown 1 Of 1 w z CD cn 0 o� Q N O O 02; 3960 PG: 1153 z sn 1 r � t J CD CD o � o� O' Q r a 00 N O O CT7 O 0 cyl D Z T, 0 c O ;;u z u'. m c x n_ c O� Z c z m c) 70 m0 rn U)N D m-0 m z U) I MENN I N Lo Un Cl OR: 960 PG: 1154 Cl u C) m X r 0 O L33 C) y -� D z CO m U) N Lo Un Cl OR: 960 PG: 1154 Cl u CA lffi z AN O O I�`o rn 1�� 0 - - I' MR- RN I �'M I I I CA o I w a 0 0 Tt CD O O CA lffi z AN O O I�`o rn 1�� 0 - - I' MR- RN I �'M I I I CA o I w Z w U) 00 N O o- 6 0- r 1 r C) N O O 0 w in w D q CALUSA PINES D Z --I 0 C n C O m C/) _ U! m c x n uj c O D C X Z C Z fTl O :U f*10 U) r X 0 K0 m Z rTI N m m o o im N N O I O I OR• 39 0 PG: 1155 R 0 0) O O 'Ti - SUMMIT LAKES O i 0 i R� 0 m `\ �lmm p < m o� 0 w dt Ln 0 C7 IMMOKALEE ROAD (C.R. 846) r- W 2 ow p CO n D D L4 z -� CO M m O Z rrI U, I I RI` v i R� 0 m `\ �lmm p < m o� 0 w dt Ln 0 C7 IMMOKALEE ROAD (C.R. 846) r- W 2 ow p CO n D D L4 z -� CO M �x1r,��a (fit` 13 -`� PROJECT NAME: PARCEL NO(S): PARENT TRACT FOLIO NO. WARRANTY DEED OR: 3960 PG: 1157 106 0 THIS WARRANTY DEED made this day of , 20_, by, (hereinafter referred to as "Grantor"), whose post office box is [ADDRESS] to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situated in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the Homestead property of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Print Full Name) (Signature) (Print Full Name) By: [GRANTOR NAME] U.xlxt6 %-\- G 1 cr�c Z STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , 20_, by [GRANTOR], who: is personally known to me OR has produced ff' t ial seal) (a ix no ar P bl' WITNESSES: day of (Signature of Notary u ic) OR: 3960 PG: 1158 10B proof of identity. (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: _ By: (Signature) [GRANTOR NAME] (Print Full Name) (Signature) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 20_, by [GRANTOR], who: is personally known to me OR has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial / Commission # (if any): My Commission Expires: WARRANTY DEED i YA. I'iI N - —� uj uj U O 0 J k)) OVOa WaW3 33x1 � EL I v LLJ Lj U) w ° I z w a W U w ° ¢ J+ O zz z w�' LL �} Z !A w > 0N�za� J w W °- � U � � a F- LL O RE LL U y N Z cn� W O Q O w w O U Oa > C7 z a o ¢ o 3960 PG; 1159 cn • I W CL t� O <L) M Wo 2 X J Q W U Z < 0 z Ln U w o z z Q N 00 0 m O O N co O a c •o O m cn m Q ai z A I ¢ O c7 Odoa HOtl3e 111eai)Orvdn H o I Z < p U J t ui m w ,n ¢ x o = N w Cy- N O LL- a wa N to N Q m Q�z = V o Li -j 1- U _J 03 U q J U CL H wZ �z Qw o z� M 4 N Q ° W � 0 W W z z h N o°0° 1 ° w o �-- m cwi) 0 = o C) aW 0w o a� Q N 00 0 m O O N co O a c •o O m cn m Q ai z A I Odoa HOtl3e 111eai)Orvdn o I J t ui _ U Ln N O LL- a wa N to N Q m Q�z = V o Li -j 1- U _J 03 Q N 00 0 m O O N co O a c •o O m cn m Q ai z A OR; WOO oz UJ U Q0 WP: %() F- U) O w Z ry w O U � w Imo- D0 D W �z L- Z a oQ ry p c U) F- Z W O w $ U w p Of O L N O 100 MEMORANDUM Date: December 28, 2005 To: Jack Curran, Purchasing Agent Purchasing Department From Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract #06 -3907 `South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction" Contractor: Hausinger & Associates, Inc. Enclosed, please find three (3) original documents as referenced above, approved by the Board of County Commissioners on Tuesday, November 29, 2005 (Agenda Item #10D). One original is being forwarded to the finance department and one original document is being retained for the record. If you should have any questions, please call me at 774 -8411 Thank you. E }NTY aTTQRNHL P 100 ITEM NO.: DATE RECEIVED: 705 DEC 22 PM 3: 02 FILE NO.: 45.— pIC p C — Q 0 3 ROUTED TO: f D I DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 20, 2005 To: Robert Zachary Assista County Attorney From: ack urran Purchasing Agent 239/417 -6098 Re: - Contract #06 -3907 "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion —Test Production Wells Construction" Contractor: Hausinger & Associates, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 29, 2005 Agenda Item: 10.13 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. 100 Memorandum 0-111- DATE RECEIVED DATE: December 20, 2005 DEC 21 2005 TO: Sheree Mediavilla, Senior Analyst RISK MWGEr4UNT sk Management Department 2 FROM: Pack Curran /Purchasing Agent RE: Review of Insurance for: 06 -3907 "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion —Test Production Wells Construction" Hausinger & Associates, Inc. This Contract was approved by the BCC on November 29, 2005, Agenda # 10.13 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 417 -6098. cc: Phil Gramatges, PUED 100 "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction" COLLIER COUNTY BID NO. 06 -3907 COLLIER COUNTY, FLORIDA Design Professional: Greeley and Hansen LLC COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 - l0i TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT ,. E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form 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: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Greeley and Hansen LLC and identified as follows: "SCRWTP 20 -MGD Wellfield Expansion — Test Production Wells Construction" as shown on-Plan Sheets 1 through 8. _- EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records 10 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test - Production Wells Construction" COUNTY BID NO. 06 -3907 Separate sealed bids for the construction of South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction, 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 10th day of November, 2005, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:30 a.m. LOCAL TIME on the 18th day of October, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, SCRWTP 20 -MGD Wellfield Expansion — Test Production Wells Construction Bid No. 06- 3907and Bid Date of November 10th, 2005'. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at 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 $25.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated GC -PN -1 F 11 damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. _ The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance 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 Payment and Performance 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 Owner 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 Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Seventy Five (175) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner 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 without the consent of the Successful Bidder. Dated this 12th day of October 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell - Purchasing /General Services Director - GC-PN-2 100 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or _ its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, 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. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at anytime by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC -8 -1 100 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same - shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of 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 Owner the unaltered 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 and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC -IB -2 10b Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids 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 or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids 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 GC -IB -3 10D opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect 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 its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Maternal Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. G C -I B -4 JOD Section 11. Bid Quantities 11.1 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, because if 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 and the Successful Bidder 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 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. 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, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-8-5 10D Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 21 8.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capabiiity in all respects to perform fully the Agreement 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 Agreement 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 Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major - GG -IB -6 10D subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. 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. 2004 -05, 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. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -IB -7 "A COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TANIIANII TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 417 -6098 FAX (239) 530 -6596 ADDENDUM DATE: November 1, 2005 TO: Interested Bidders FROM: John P Curran Purchasing Agent www.colliergov.net 10D SUBJECT: Addendum # 1 — Bid #06 -3907 - "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction" Addendum #1 covers the following change for the referenced Bid: Add: Page GC -P -10 which is attached. PART A — Public Notice/Legal Advertisement: 1. Page GC -PN -2, Paragraph 4 — Replace the existing paragraph with the following: "The Successful Bidder shall be required to finally complete all work within Two Hundred calendar days from and after the Commencement Date specified in the Notice to Proceed." PART C — Bid Bid Schedule and Other Documents: 1. Delete the existing Bid Schedule and Replace with the attached Bid Schedule. 2. Page GC -P -7, Paragraph 2 — Delete "One Hundred and Fifty (150) consecutive calendar days" and Replace with: "One Hundred and Eighty (180) consecutive calendar days." 3' Page GC -P -7, Paragraph 2 — Delete One Hundred and Seventy Five (175) consecutive calendar days" and Replace with: "Two Hundred (200) consecutive calendar days." PART D — Agreement: 1. Page GC -CA -2, Section 5 — Contract Time and Liquidated Damages — Part A: Delete "One Hundred and Fifty (150) consecutive calendar days" and Replace with: "One Hundred and Eighty (180) consecutive calendar days." 2. Page GC -CA -2, Section 5 — Contract Time and Liquidated Damages — Part A: Delete "One Hundred and Seventy Five (175) consecutive calendar days" and Replace with: "Two Hundred (200) consecutive calendar days." EXHIBIT I — Supplemental Terms and Conditions: 1. Page GC- CA -1 -1 Add the following: "3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CLEARING AND GRUBBING OF ACCESS AND WELL SITE AREAS AS NECESSARY TO ALLOW FOR ACCESS TO THE WELL SITES AND FOR TEST PRODUCTION WELL CONSTRUCTION. CLEARING AND GRUBBING SHALL BE PERFORMED IN ACCORDANCE WITH SECTION 02110 OF THE TECHNICAL SPECIFICATIONS." "4. THE CONTRACTOR SHALL COMPLY WITH ALL NPDES REQUIREMENTS FOR TEMPORARY EROSION AND SEDIMENTATION CONTROL FOR ALL CONSTRUCTION ACTIVITIES. ALL EROSION AND SEDIMENTATION CONTROL ACTIVITIES SHALL BE PERFORMED IN ACCORDANCE WITH SECTION 02275 OF THE TECHNICAL SPECIFICATIONS." "5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR RESTORATION, BY SODDING WITH BAHIA GRASS, ALL DISTURBED WELL SITE AREAS AND DISTURBED AREAS WITHIN 10 FEET OF THE TOP OF BANK OF THE CANAL. ALL RESTORATION BY SODDING SHALL BE PERFORMED IN ACCORDANCE WITH SECTION 02400 OF THE TECHNICAL SPECIFICATIONS." EXHIBIT J — Technical Specifications: 1. Section 02078 — Well Specifications, Part 4, Section B. Add the following sentence to the beginning of this Section: "A lithologic log for a test well drilled near the center of the production well alignment is provided in Exhibit L for the bidder's information only." 2. Section 02079 — Contract Pay Items, Part 2, Section B. Add the following pay items: SITE ACCESS (WITH CLEARING AND GRUBBING) landscape. Payment shall also constitute full compensation for all labor, equipment, and materials required to adequately provide temporary Payment for Site Access (with Clearing and Grubbing) shall be made at the Contract unit price per acre for areas within the right-of-way ri ht -of -wa which require clearing. Payment shall 10D constitute full compensation for all labor, equipment, and materials required to remove and dispose of vegetation and debris as described in Section 02100 of the Technical Specifications, including haul and disposal costs and protection of surrounding utilities and erosion and sedimentation control for construction in accordance with NPDES requirements and Section 02275 of the Technical Specifications. SITE ACCESS (WITHOUT CLEARING AND GRUBBING) Payment for Site Access (without Clearing and Grubbing) shall be made at the Contract unit price per acre for areas within the SFWMD right -of -way used for construction access which do not require clearing. Payment shall constitute full compensation for all labor, equipment, and materials required to protect surrounding utilities and landscape. Payment shall also constitute full compensation for all labor, equipment, and materials required to adequately provide temporary erosion and sedimentation control for construction in accordance with NPDES requirements and Section 02275 of the Technical Specifications. RESTORATION BY SODDING Payment for restoration by sodding shall be made at the Contract unit price per square yard. Payment shall constitute full compensation for all labor, equipment, and materials required to place Bahia Sod in disturbed well site areas and disturbed areas within 10 feet of the top of bank of the canal. Any areas which require restoration outside of the SFWMD right -of -way will not be measured for payment. All restoration shall be conducted in accordance with Section 02400 of the technical specifications. 2. Add attached Technical Specifications Section 02110 — Site Clearing. 3. Add attached Technical Specifications Section 02275 — NPDES Requirements for Construction Activities Impacting More than One Acre. 4. Add attached Technical Specifications Section 02400 — Restoration by Sodding or Seeding. (Attached) EXHIBIT L — Standard Details: 1. Add attached Geologists Lithologic Log. 2. Add attached Vegetation Removal Plan — SCRWTP Test Production Well Construction (Contract #1). (5 sheets) EXHIBIT M - Plans: 1. Add attached Sheet 6a of 8 — Miscellaneous Details. 2. Add attached Sheet 6b of 8 — Sedimentation Control Details. If you require additional information please call Phil Gramatges, P.E., Public Utilities Engineering Department at 2391774 -8836 or me at 239/417 -6098 or by e-mail at JohnCurran @CollierGov.net. NOTE: Words have been deleted, words underlined have been added. cc: Phil Gramatges, PUED 10D SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE SCRWTP 20 -MGD Wellfleld Expansion -Test Production Wells Construction Description Unit Est. Quantity Cost Amount rC2 Site Access (With Clearing and Grubbing) Acre 4.8 Site Access i thout Clearin and Grubbin Acre 2.4 Restoration b Sodding SY 8500 TOTAL BID PRICE FOR WELL 1 of 8 100 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO.16s Item Description Unit Est. Quantity Cost Amount 1 Mobilization, site preparation. surface casing Lump Sum 1 2 Drill 8 inch pilot hole to + 325 feet Feet 295 3 Hole reaming to + 325 feet Feet 295 4 Geophysical I in (caliper, gamma) Lump Sum 1 5 Install 16 inch production casing to + 325 feet Feet 325 6 Grout production casing, conduct plumbness & alignment test Sacks 575 7 Drill 144nch diameter open hole to + 460 feet Feet 135 8 Well development reverse-air Hours 4 9 Geophysical logging (caliper, gamma) Lump Sum 1 10 Well development, high rate pumping and surging Hours 8 11 Conduct step drawdown test Hours 4 12 Disinfect well Lump Sum 1 13 Furnish and Install wellhead Lump Sum 1 14 Demobilization and restoration Lump Sum 1 15 Extra work, drilling crew with drilling equipment Hours 2 16 Extra work, crew with pump hoist Hours 2 17 Extra work, drilling crew Hours 2 18 Standby time, rig and drilling crew on site Hours 2 19 Standby time, rig on site and crew off site Hours 2 TOTAL BID PRICE FOR WELL 2of8 10D SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO.22s Item Description Unit Est. Quart Cost Amount 1 Mobilizabon, site re .ration, surface psin Lump Sum 1 2 Drill 8 inch pilot hole to + 325 feet Feet 295 3 Geo h ical I in (caliper, gamma, dual - induction Lump Sum 1 4 Hole reaming to + 325 feet Feet 295 5 Geophysical I in call er, gamma) Lump Sum 1 6 Install 16 inch production casing to + 325 feet Feet 325 7 Grout production casing, conduct umbness & alignment test Sacks 575 8 Drill 144nch diameter open hole to + 460 feet Feet 135 9 Well devel ment, reverse-air Hours 4 10 Geophysical I in tali r, amma, induction, tem ., fluid resist., flow Lump Sum 1 11 Well development high rate pumping and surging Hours 8 12 Conduct step drawdown test Hours 4 13 Disinfect well Lump Sum 1 14 Furnish and Install wellhead Lump Sum 1 15 Demobilization and restoration Lump Sum 1 Extra work, drilling crew with drilling equipment Hours 2 Extra work, crew with um hoist Hours 2 F17 Extra work, drillin crew Hours 2 Standby time, rig and drilling crew on site Hours 2 20 Standby time, rig on site and crew off site Hours 2 TOTAL BID PRICE FOR WELL 3of8 100 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO -23s Item Description Unit Est. Quantity Cost Amount 1 Mobilization, site preparation, surface casing Lump Sum 1 2 Drill 8 inch pilot hole to + 325 feet Feet 295 3 Hole reaming to ± 325 feet Feet 295 4 Geophysical logging (caliper, gamma) Lump Sum 1 5 Install 16 inch production casing to + 325 feet Feet 325 6 Grout production casing, conduct plumbness & alignment test Sacks 575 7 Drill 14 -inch diameter open hole to + 460 feet Feet 135 8 Well development, reverse -air Hours 4 9 Geophysical logging (caliper, gamma) Lump Sum 1 10 Well development, high rate pumping and surging Hours 8 11 Conduct step drawdown test Hours 4 12 Disinfect well Lump Sum 1 13 Furnish and Install wellhead Lump Sum 1 14 Demobilization and restoration Lump Sum 1 15 Extra work, drilling crew with drilling equipment Hours 2 16 Extra work, crew with pump hoist Hours 2 17 Extra work, drilling crew Hours 2 18 Standby time, rig and drilling crew on site Hours 2 19 IStandby time, rig on site and crew off site Hours 2 TOTAL BID PRICE FOR WELL 4 of 8 i nel I SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO -28s Item Description Unit Est. Quanti Cost Amount 1 Mobilization, site re -ration, surface casin Lump Sum 1 2 Drill 8 inch pilot hole to + 325 feet Feet 295 3 Geophysical logging (caliper, gamma, dual - induction Lump Sum 1 4 Hole reaming to + 325 feet Feet 295 5 Geophysical I in (caliper, gamma) Lump Sum 1 6 Install 16 inch Production casino to + 325 feet Feet 325 7 Grout production casing, conduct plumbness & alignment test Sacks 575 8 Drill 14 -inch diameter open hole to + 460 feet Feet 135 9 Well development, reverse -air Hours 4 10 Goo h -ical I in cali or, amma, induction, tem ., fluid resist., fknv Lump Sum 1 11 Well development, high rate pumping and surging Hours 8 12 Conduct step drawdown test Hours 4 13 Disinfect well Lump Sum 1 14 Fumish and Install wellhead Lump Sum 1 15 Demobilization and restoration Lump Sum 1 16 Extra work, drilling crew with drilling equipment Hours 2 17 Extra work, crew with pump hoist Hours 2 18 Extra work, drilling crew Hours 2 19 ndby time, riq and drilling crew on site Hours 2 20 Standby time, do on site and crew off site Hours 2 TOTAL BID PRICE FOR WELL 5 of 8 111 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO.29s Item Description Unit Est. Quantity Cost Amount 1 Mobilization, site preparation, surface casing Lump Sum 1 2 Drill 8 inch pilot hole to + 325 feet Feet 295 3 Hole reaming to + 325 feet Feet 295 4 Geophysical l in call r, gamma) Lump Sum 1 5 Install 16 Inch production casing to + 325 feet Feet 325 6 Grout production casing, conduct plumbness & alignment test Sacks 575 7 Drill 144nch diameter open hole to + 460 feet Feet 135 8 Well development, reverse -air Hours 4 9 Geophysical logging (caliper, gamma) Lump Sum 1 10 Well development, high rate pumping and surging Hours 8 11 Conduct step drawdown test Hours 4 12 Disinfect well Lump Sum 1 13 Furnish and Install wellhead Lump Sum 1 14 Demobilization and restoration Lump Sum 1 15 Extra work, drilling crew with drilling equipment Hours 2 16 Extra work, crew with pump hoist Hours 2 17 Extra work, drillin crew Hours 2 F18 Standb time ri and drillin crew on site Hours 2 Standby time, rig on site and crew off site Hours 2 TOTAL BID PRICE FOR WELL 6 of 8 11 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE CTION WELL R0 -31s HAWTHORN AQUIFER ZONE I TEST PRODU k1temDesal Unit Est. Quanta Cost Amount tlon Mobilization, site prepa retion, surface casing Drill 8 inch pilot hole to 1325 feet Hole reaming to + 325 feet Geophysical l in call r, gamma) Install 16 inch production casing to + 325 feet Grout production casing, conduct plumbness 8 alignment test Drill 14 -inch diameter open hole to + 460 feet Lum Sum Feet Feet Lum Sum Feet Sacks Feet 1 295 295 1 325 575 135 1 2 3 4 5 6 7 8 Well development, reverse -air Hours 4 9 Geophysical logging (caliper, gamma) Lump Sum 1 10 Well development, high rate pumping and surging Hours 8 11 Conduct stop drawdown test Disinfectwell Furnish and Install wellhead Demobilization and restoration Extra work, drilling crew with drilling equipment Extra work, crew with pump hoist Extra work, drillin crew Hours Lump Sum Lum Sum Lump Sum Hours Hours Hours 4 1 1 1 2 2 2 12 13 14 15 16 17 18 Standby time, rig and drilling crew on site S tandby time, rig on site and crew off site Hours Hours 2 2 19 TOTAL BID PRICE FOR WELL 7of8 i 11 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO.32s Item Description Unit Est. Quanfity Cost Amount 1 Mobilization, site preparation, surface casing Lump Sum 1 2 Drill 8 inch pilot hole to + 325 feet Feet 295 3 Geophysical logging (caliper, gaMM2, duaHnduction Lump Sum 1 4 Hole reaming to + 325 feet Feet 295 5 Geophysical l in call r, gamma) Lump Sum 1 6 Install 16 inch production casing to + 325 feet Feet 325 7 Grout production casing, conduct plumbness & alignment test Sacks 575 8 Drill 14 -inch diameter open hole to + 460 feet Feet 135 9 Well development reverse-air Hours 4 10 Geophysical logging (caliper, gamma, induction, temp., fluid resist., flow Lump Sum 1 11 Well development, high rate pumping and surging Hours 8 12 Conduct step drawdown test Hours 4 13 lDisinfectwell Lump Sum 1 14 Furnish and Install wellhead Lump 1 15 Demobilization and restoration 1 16 Extra work, drilling crew with drilling equipment 2 17 Extra work, crew with um hoist 2 18 Extra work, drilling crew 2 19 Standby time, rig and drilling crew on site 2 20 Standb time, rig on site and crew off site 2 TOTAL BID PRICE FOR WELL 1 AM UN 8 of 8 SECTION 02110 SITE CLEARING PART 1 GENERAL 1.1 SUMMARY 100 A. Section Includes: Requirements for clearing of all areas within the Contract limits and other areas shown, including work designated in permits and other agreements. B. Related Work Specified in Other Sections Includes: 1. Section 02222 - Excavation - Earth and Rock 2. Section 02400 — Restoration by Sodding or Seeding 1.2 DEFINITIONS A. Clearing: Clearing is the removal from the ground surface and disposal, within the designated areas, of trees, brush, shrubs, down timber, decayed wood, other vegetation, rubbish and debris as well as the removal of fences. B. Grubbing: Grubbing is the removal and disposal of all stumps, buried logs, roots larger than 1 -1/2 inches, matted roots and organic materials. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.1 PROTECTION OF EXISTING UTILITIES A. Prior to site clearing, locate and mark all existing utilities in coordination with the COUNTY and other affected owners. Protect all existing utilities and markings from damage. In case of damage to existing utilities caused by construction activities, contact the owner of the utility or COUNTY Water department immediately. Repair any damage to existing utilities or markings caused by construction activities in coordination with or as directed by the owner of the utility. COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 02110 SITE CLEARING Page 1 of 4 100 - 3.2 TREE REMOVAL A. Tree Removal Within Right -of -Way Limits: Remove trees and shrubs within the right -of -way unless otherwise indicated. 1. Remove trees and shrubs to avoid damage to trees and shrubs designated to remain. 2. Grub and remove tree stumps and shrubs felled within the right -of -way to an authorized disposal site. Fill depressions created by such removal with COUNTY approved backfill material. B. Tree Removal Outside Right -of -Way Limits: Do not cut or damage trees outside the right -of -way unless plans show trees to be removed or unless written permission has been obtained from the property owner. Furnish three copies of the written permission before removal operations commence. C. If the landowner desires the timber or small trees, cut and neatly pile it in 4 ft. lengths for removal by the owner; otherwise, dispose of it by hauling it away from the project site. If hauled timber is of merchantable quality, credit shall accrue to the CONTRACTOR. 3.3 TREES AND SHRUBS TO BE SAVED A. Protection: Protect trees and shrubs within the work limits that are so delineated or are marked in the field to be saved from defacement, injury and destruction. 1. Work within the limits of the tree drip line with extreme care using either hand tools or equipment that will not cause damage to trees. a. Do not disturb or cut roots unnecessarily. Do not cut roots 1 -1/2 inches and larger unless approved. b. Immediately backfill around tree roots after completion of construction in the vicinity of trees. C. Do not operate any wheeled or tracked equipment within drip line. 2. Protect vegetation from damage caused by emissions from engine - powered equipment. 3. During working operations, protect the trunk, foliage and root system of all trees to be saved with boards or other guards placed as shown and as required to prevent damage, injury and defacement. a. Do not pile excavated materials within the drip line or adjacent to the trunk of trees. Section 02110 COLLIER COUNTY SITE CLEARING TECHNICAL SPECIFICATIONS Page 2 of 4 10D - b. Do not allow runoff to accumulate around trunk of trees. C. Do not fasten or attach ropes, cables, or guy wires to trees without permission. When such permission is granted, protect the tree before making fastening or attachments by providing burlap wrapping and softwood cleats. d. The use of axes or climbing spurs for trimming will not be permitted. e. Provide climbing ropes during trimming. 4. Remove shrubs to be saved, taking a sufficient earth ball with the roots to maintain the shrub. a. Temporarily replant if required, and replace at the completion of construction in a condition equaling that which existed prior to removal. b. Replace in kind if the transplant fails. 5. Have any tree and shrub repair performed by a tree surgeon properly licensed by the State of Florida and within 24 hours after damage occurred. 3.4 CLEARING AND GRUBBING A. Clearing: Clear all items specified to the limits shown and remove cleared and grubbed materials from the site. 1. Do not start earthwork operations in areas where clearing and grubbing is not complete, except that stumps and large roots may be removed concurrent with excavation. 2. Comply with erosion, sediment control and storm management measures as specified in Section 02275 of the Technical Specifications. B. Grubbing: Clear and grub areas to be excavated, areas receiving less than 3 feet of fill and areas upon which structures are to be constructed. 1. Remove stumps and root mats in these areas to a depth of not less than 18 inches below the subgrade of sloped surfaces. 2. Fill all depressions made by the removal of stumps or roots with COUNTY approved material, suitable for backfill. C. Limited Clearing: Clear areas receiving more than 3 feet of fill by cutting trees and shrubs as close as practical to the existing ground. Grubbing will not be required. Section 02110 COLLIER COUNTY SITE CLEARING TECHNICAL SPECIFICATIONS Page 3 of 4 lOD D. Dispose of all material and debris from the clearing and grubbing operation by hauling such material and debris away to an approved dump. The cost of disposal (including hauling) of cleared and grubbed material and debris shall be considered a subsidiary obligation of the CONTRACTOR; include the cost in the bid for the various classes of work. 3.5 TOPSOIL A. Stripping: Strip existing topsoil from areas that will be excavated or graded prior to commencement of excavating or grading and place in well- drained stockpiles in approved locations. END OF SECTION COLLIER COUNTY Section 02110 SITE CLEARING TECHNICAL SPECIFICATIONS Page 4 of 4 100 SECTION 02275 NPDES REQUIREMENTS FOR CONSTRUCTION ACTIVITIES IMPACTING MORE THAN ONE ACRE PART 1 GENERAL 1.1 DESCRIPTION A. This Section describes the required documentation to be prepared and signed by the CONTRACTOR before conducting construction operations, in accordance with the terms and conditions of the National Pollutant Discharge Elimination System ( NPDES) Stormwater Permit, as required by Florida Administrative Code (F.A.C.) Chapter 62 -621. B. The CONTRACTOR shall be for responsible for implementation, maintenance and inspection of stormwater pollution prevention control measures in accordance with F.A.C. Chapter 62 -621 including, but not limited to, erosion and sediment control, stormwater management plans, waste collection and disposal, off -site vehicle tracking, and other practices shown on the Drawings and/or specified elsewhere in this or other specifications. The stormwater pollution prevention control measures - shall include protection of offsite public and private stormsewer facilities potentially impacted during construction. Stormwater facilities include streets, inlets, pipes, ditches, swales, canals, culverts, control structures, and detention /retention areas. C. The CONTRACTOR shall prepare and review implementation of the Stormwater Pollution Prevention Plan (SWPPP) in a meeting with the County Manager or designee prior to start of construction. 1.2 UNIT PRICES A. Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section. Include cost of work to be performed under this Section in pay items of which this work is a component. 1.3 REFERENCE DOCUMENTS A. ASTM D3786 - Standard Test Method for Hydraulic Bursting Strength for Knitted Goods and Nonwoven Fabrics B. ASTM D4632 - Standard Test Method for Grab Breaking Load and Elongation of Geotextiles Section 02275 COLLIER COUNTY NPDES REQUIREMENTS FOR CONSTRUCTION TECHNICAL SPECIFICATIONS ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 1 of 8 10D PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.1 3.2 3.3 NOTICE OF INTENT (NOI) A. Fill out, sign and date a Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, (FDEP Form 62- 621.300(4)(b)). Submit the signed copy of the NOI to the County Manager or designee. The County Manager or designee will submit the completed form to the FDEP along with the required permit fee. CERTIFICATION REQUIREMENTS A. On the attached OPERATOR'S INFORMATION form, fill out the name, address and telephone number for the CONTRACTOR, persons or firms responsible for maintenance and inspection of erosion and sediment control measures, and all Subcontractors. B. The CONTRACTOR and Subcontractors named in the Operator's Information form shall read, sign and date the attached CONTRACTOR'S /SUBCONTRACTOR'S CERTIFICATION form. C. The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign and date the attached EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION form. D. Submit all forms to the County Manager or designee before beginning construction. RETENTION OF RECORDS Retain a copy of the SWPPP at the construction site and at the Contractor's office from the date that it became effective to the date of project completion. B. At project closeout, submit to the County Manager or designee all NPDES forms and certifications, as well as a copy of the SWPPP. Stormwater pollution prevention records will be retained by the County Manager or designee for a period of three (3) years from the date of project completion. Section 02275 COLLIER COUNTY NPDES REQUIREMENTS FOR CONSTRUCTION TECHNICAL SPECIFICATIONS ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 2 of 8 3.4 REQUIRED NOTICES A. The following notices shall be posted from the date that the SWPPP goes into effect until the date of final site stabilization: 1. A copy of the submitted NOI and a brief project description, as given in the SWPPP, shall be posted at the construction site and at the CONTRACTOR's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. Post a notice of waste disposal procedures in an easily visible location on site. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on site. Keep copies of Material Safety Data Sheets at a location on site that is know to all personnel. 5. Keep a copy of each signed certification at the construction site and at the CONTRACTOR's office. REQUIRED FORMS FOLLOW Section 02275 COLLIER COUNTY NPDES REQUIREMENTS FOR CONSTRUCTION TECHNICAL SPECIFICATIONS ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 3 of 8 OPERATOR'S INFORMATION Owner's Name and Address: Contractors' Names and Addresses: General Contractor: Site Superintendent: Erosion Control and: Maintenance Inspection Telephone: Telephone: Telephone: Subcontractors' Names and Addresses: Phone: COLLIER COUNTY TECHNICAL SPECIFICATIONS 100 Collier County Public Utilities Engineering Department 3301 East Tamiami Trail Naples, Florida 34201 (239) 530 -5335 Phone: Section 02275 NPDES REQUIREMENTS FOR CONSTRUCTION ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 4 of 8 JOD CONTRACTOR'S ! SUBCONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (NPDES) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the SWPPP. Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: Section 02275 COLLIER COUNTY NPDES REQUIREMENTS FOR CONSTRUCTION TECHNICAL SPECIFICATIONS ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 5 of 8 10D EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION I certify under penalty of law that I understand the terms and conditions of Florida's National Pollutant Discharge Elimination System (NPDES) Construction General Permit that authorizes storm water discharges associated with activity from the construction site identified as part of this certification, and that I have received a copy of the SWPPP. Signature: Name: (printed or typed) Title: Company: Address: Date: Section 02275 COLLIER COUNTY NPDES REQUIREMENTS FOR CONSTRUCTION TECHNICAL SPECIFICATIONS ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 6 of 8 a a� za OW z W W >U WQ CL w z Oz �a J � Jp Oz CL Q W Qo W �a �N OZ in w o U L C U O U N y 0 cu in w OC Q Qp CL Lum W Up Q W I-- CY zw a z �O -ia � O av N IL W p z t- � pw W= In z 0 a 0 J ca J O z V LOZWco C14 o oVQti m �lyOa U) Zz Oa U= H W Ow L- O H� C� Z Z 2� wa D d� �W W zQ z O Q U U- f— W Z a- :) CO OQ �U W Z J 2 JU OF- 10 END OF SECTION Section 02275 COLLIER COUNTY NPDES REQUIREMENTS FOR CONSTRUCTION TECHNICAL SPECIFICATIONS ACTIVITIES IMPACTING MORE THAN ONE ACRE Page 8 of 8 100 SECTION 02400 RESTORATION BY SODDING OR SEEDING PART 1 GENERAL 1.1 DESC €JIPTION OF REQUIREMENTS A. Thq:work in this section consists of furnishing all labor, material and equipment to r.,,4tore all areas disturbed during construction to match preconstruction conditions. Establish a stand of grass within the areas disturbed by furnishing and placing grass sod where required, or by seeding and mulching areas not requiring sod. 11.2 REFERENCE DOCUMENTS A. Use materials conforming to the requirements of Florida Department of Transportation Standard Specifications for Road and Bridge Construction as follows: 1. Section 570 — Grassing (by Seeding) 2. Section 575 — Sodding 3. Section 981 — Grassing and Sodding Materials 4. Section 982 — Commercial Fertilizer 5. Section 983 — Water for Grassing 1.3 SUBMITTALS A. Submit certifications and identification labels for all sodding supplied in accordance with General Conditions. PART 2 PRODUCTS 2.1 SODDING A. Types: Sod may be of either St. Augustine or Argentine Bahia grass or as that disturbed, as established prior to construction. Use well matted sod with roots. When replacing sod in areas that are already sodded, use sod of the same type as the existing sod. B. Provide sod as required in accordance with Florida Department of Transportation Specifications 575 and 981. Furnish sod equal to and similar in type as that disturbed. Place and water in accordance with FDOT Specifications Section 575. Section 02400 COLLIER COUNTY RESTORATION BY SODDING AND SEEDING TECHNICAL SPECIFICATIONS Page 1 of 6 100 C. Use sod in commercial -size rectangles, preferably 12 -inch by 24 -inch or larger, except where 6 -inch strip sodding is called for. D. Use sod that is sufficiently thick to secure a dense stand of live grass. Use sod that is live, fresh and uninjured at the time of planting, having a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses. Plant sod as soon as possible after being dug, and shade and keep moret from the time it is dug until it is planted. E. Handle sod in a manner to prevent breaking or other damage. Do not handle by dumping from trucks or other vehicles. Use care at all times to retain the native soil on the roots of each sod roll during stripping and handling. Sod thalhas been damaged by handling during delivery, storage or installation will be rejecter, F. Swales: Place sod to the proper grade and cross section in all flow areas 1% ensure the design flow of water in the ditch. In excavating for the placement of sod, provide a minimum of 3 inches of undercut. 2.2 FERTILIZER A. Supply chemical fertilizer in suitable bags with the net weight certification of the shipment. Fertilizer shall be 12 -8 -8 and comply with Section 982 of the FDOT Standard Specification for Road and Bridge Construction. B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash, contained in the fertilizer. C. The chemical designation of the fertilizer shall be 12 -8 -8, with at least 50 percent of the nitrogen from a nonwater - soluble organic source. The nitrogen source may be a unreaformaldehyde source provided it is not derived from a waste product of the plastic industry. 2.3 EQUIPMENT A. Spread fertilizer uniformly at the specified rate. 2.4 NETTING A. Netting is fabricated of material similar to Geoscope Landscape Fabric or approved equal. 2.5 SEEDING A. Seed all unpaved areas disturbed during construction that do not require sod. Complete all seeding in conformance with FDOT Specifications Sections 570 and Section 02400 COLLIER COUNTY RESTORATION BY SODDING AND SEEDING TECHNICAL SPECIFICATIONS Page 2 of 6 100 981. Mulch and fertilize the grassed areas shall be mulched and fertilized in accordance with FDOT Specifications. B. Provide mulch material free of weeds. Mulch shall be oat straw or rye, Pangola, peanut, Coastal Bermuda, or Bahia grass hay. C. All seeds must have been tested within 6 months of planting. Submit a seed bag tag with final payment requests from each type or mixture of seed used. 2.6 TOPSOIL A. Topsoil stockpiled during excavation may be used. If additional topsoil is required to replace topsoil removed during construction, it shall be obtained off site at no additional cost to the COUNTY. Topsoil shall be fertile, natural surface soil, capable of producing all trees, plants, and grassing specified herein. 2.7 MULCH A. Furnish small grain straw mulch. Apply mulch at a rate of 1.5 tons per acre, corresponding to a depth not less than 1 -inch or more than 3- inches according to texture and moisture content of mulch material. Apply asphalt emulsion at a rate of 150 gallons per ton of straw to anchor the straw applied. 2.8 WATER A. It is the CONTRACTOR'S responsibility to supply all water to the site, as required during seeding and sodding operations and through the maintenance period and until the work is accepted. Make whatever arrangements may be necessary to ensure an adequate supply of water to meet the needs for the work. Furnish all necessary hose, equipment, attachments, and accessories for the adequate irrigation of lawns and planted areas as may be required. Water shall be suitable for irrigation and free from ingredients harmful to plant life. 2.9 SOIL IMPROVEMENTS A. Apply lime at the rate of 1 to 1.5 tons per acre. Apply 10 -10 -10 commercial fertilizer at the rate of 800 pounds per acre and work well into the top inch of topsoil. PART 3 EXECUTION 3.1 SOD BED PREPARATION A. Clear areas to be sodded and /or seeded of all rough grass, weeds, and debris, and bring soil to an even grade. B. Thoroughly till soil to a minimum 4 -inch depth. Section 02400 COLLIER COUNTY RESTORATION BY SODDING AND SEEDING TECHNICAL SPECIFICATIONS Page 3 of 6 100 C. Bring area to proper grade, free of sticks, stones, or other foreign matter over 1- inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water - retaining depressions, the soil friable and of uniformly firm texture. 3.2 INSPECTION A. Verify that soil preparation and related preceding work has been completed. B. Do not start work until conditions are satisfactory. 3.3 SOD HANDLING AND INSTALLATION A. During delivery, prior to planting, and during the planting of sod areas, protect the sod panels at all times from excessive drying and unnecessary exposure of the roots to the sun. Stack sod during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, lay sod panels tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension of the sod shall be laid perpendicular to the slope. Immediately following sod laying, roll the lawn areas with a lawn roller customarily used for such purposes, and then thoroughly water. C. Place sod at all areas where sod existed prior to construction, on slopes of 3 horizontal to 1 vertical (3:1) or greater, in areas where erosion of soils will occur, and as directed by the ENGINEER. On areas where the sod may slide, due to height and slope, the ENGINEER may direct that the sod be pegged, with pegs driven through the sod blocks into firm earth, at suitable intervals. 3.4 USE OF SOD ON ROADWAY PROJECTS A. In accordance with the FDOT District One Standard Practice, establish permanent green grass at the completion of roadway construction and maintenance work. The following shall apply to all restoration involving State or County roadways: Use sod in lieu of seed and mulch on all roadways with urban (raised curb) typical sections. 2. One inch water per week shall be required for a minimum of four (4) consecutive weeks for the purpose of establishing sod. This can be waived during construction, if and only if there is a minimum of one inch of rain per week on all sod on the project. 3. Placed sod on slopes 1:3 or greater. Stake sod on slopes 1:2 or greater. Section 02400 COLLIER COUNTY RESTORATION BY SODDING AND SEEDING TECHNICAL SPECIFICATIONS Page 4 of 6 100 4. On all curves with superelevation, place sod from the edge of pavement to the toe of slope on the downhill side(s) for the entire length of the superelevated roadway. On multi -lane divided rural facilities, place sod in the median and on the inside of the curve in the superelevated areas. This does not apply to reverse crowns. 5. Use sod for all projects with less than 10,000 square yards grass area. 6. On tangent sections and on outside of curves, use sod between the edge of pavement and a point 4 feet beyond the shoulder break point. 7. The entire width of sod should not exceed 15 feet from the edge of pavement. 8. Sod is to be used to eliminate narrow seed and mulch areas. Sod areas less than 6 feet in width. 9. Place sod around drainage structures as per the standard Indexes and extend to the edge of pavement. 3.5 SOD MAINTENANCE A. The sod shall produce a dense, well - established growth. Repair and re -sod all eroded or bare spots until project acceptance. Repair to sodding shall be accomplished as in the original work. B. Perform sufficient watering to maintain adequate moisture for optimum development of the seeded and sodded areas, and no less than 1.5 inches of water per week for at least 2 weeks. Thereafter, apply water for a minimum of 60 days as needed until the sod takes root and starts to grow or until final acceptance, whichever is latest. 3.6 GUARANTEE A. Guarantee a live and vigorous stand of permanent grass at the time of acceptance of the work consisting of 80 percent minimum coverage for seeded grass areas with no bare spots greater than 5 square feet. 3.7 CLEANING A. Remove debris and excess materials from the project site. Section 02400 COLLIER COUNTY RESTORATION BY SODDING AND SEEDING TECHNICAL SPECIFICATIONS Page 5 of 6 100 END OF SECTION Section 02400 COLLIER COUNTY RESTORATION BY SODDING AND SEEDING TECHNICAL SPECIFICATIONS Page 6 of 6 100 GEOLOGIST'S LOG SCRWTP WELL CMHMW De th ft Litholoay 0 -5 Sand, shell, grayish orange (10YR 7/4), to light brown (5YR 6/4), unconsolidated, medium to coarse grain, very angular -to sub - rounded. 5 -10 Sand, shell, light brown (5YR 6/4), to pale brown (5YR 5/2), unconsolidated, very angular to sub - rounded. 10 -26 Limestone, 30% clay, yellowish gray (5Y 7/2). 26-48 Limestone, packstone, medium gray (N5) to light gray (N7), mod. hard, shell fragments, abundant common quartz sand, good app. intergranular, , and moldic porosity, good app. permeability. 48 -75 Limestone, wackestone to packstone, yellowish gray (5Y 7/2) to light gray (N7), mod. hard, abundant shell fragments, common quartz sand, minor phosphatic sand, medium to coarse grained, good app. moldic porosity, good app. permeability. 75 -82 Limestone, packstone to grainstone, yellowish gray (5Y 8/1) mod. hard, common shell fragment, minor quartz sand, trace phosphatic sand, fair app. moldic porosity, fair app. porosity and permeability. 82 -102 Limestone, packstone, yellowish gray (5Y 8/1), mod. hard, abundant quartz sand, minor phosphatic sand, common molds, fair moldic porosity, fair app. porosity and permeability. 102 -110 Limestone, packstone, yellowish gray (5Y 8/1), common shell fragments, abundant quartz sand, minor phosphatic sand, common sticky white clay, trace sandstone, medium dark gray (N5), poor app. inter - granular porosity, poor app. porosity and permeability. 110 -133 Limestone, packstone, pale greenish yellow, (10Y 8/2), mod. hard, abundant quartz sand, common phosphatic sand, trace sticky pale greenish clay. 04346LGG.B1904.d0c 100 GEOLOGIST'S LOG SCRWTO WELL CMHMW - CONTINUED - Depth ft Lithology 133 -135 Quartz sand, unconsolidated, yellowish gray (5Y 7/2), fine to coarse grain, angular to rounded, abundant shell fragments, good app. inter - granular porosity, good app. permeability. 135 -152 Limestone, packstone, medium dark gray (N4), mod. hard, common quartz sand, fair app. moldic porosity, fair app. permeability. 152 -162 Limestone, wackestone to packstone, yellowish gray (5Y 8/1) to greenish gray (5GY 6/1), abundant quartz sand, trace phosphatic sand, common shell fragments, good app. moldic porosity, good app. permeability. 162 -167 Clay, pale olive (10Y 6/2), soft, sticky, abundant quartz sand, common phosphatic nodules, abundant limestone clasts, packstone, yellowish gray (5Y 8/1), low app. porosity and permeability. 167 -188 Limestone, packstone, very pale orange (10YR 8/2) to grayish orange (10YR 7/4), mod. hard, common molds, common clay as above, good app. moldic porosity, fair app. porosity and permeability. 188 -235 Clay, light greenish gray (5GY 8/1) to greenish gray (5GY 6/1), soft, sticky, —15% quartz sand, common shell fragments, common phosphatic sand. 235 -242 Clay, greenish gray (5GY 6/1), stiff, sticky, --10% quartz sand, trace phosphatic sand. 242 -257 Clay, greenish gray (5GY 6/1), soft, common marl, --5% quartz sand, common phosphatic sand. 257 -260 Limestone, packstone, pale olive (10YR 6/2), mod. soft, common phosphatic sand, common quartz sand, abundant shell fragments, common molds, fair app. porosity and permeability, good moldic porosity. 04346LGG.B1904.doc 100 GEOLOGIST'S LOG SCRWTP WELL CMHMW - CONTINUED - De th ft Litholoay 260 -282 Clay, greenish gray (5GY 6/1) to dark greenish gray (5GY 4/1), soft, sticky, inter - bedded with marl, yellowish gray (5Y 8/1), abundant phosphatic sand, trace shell and calcareous sand, common quartz sand. 282-287 Clay greenish gray (5GY 6/1), inter - bedded with marl, yellowish gray (5Y 8/1), soft sticky, common phosphatic sand, trace quartz sand. 287 -310 Clay, greenish gray (5GY 611), soft, sticky, abundant phosphatic sand, fine to granules, minor quartz sand ( -10 %), rare calcareous sand, trace shell fragments. 310 -322 Limestone, packstone, light gray (N7) to yellowish gray (5Y 8/1), mod. hard, common quartz sand, common to abundant phosphatic sand, fossil bivalve, spicules, common to abundant molds, good app. porosity and permeability. 322-342 Missing Section 342 -357 Limestone, packstone, light gray (N7) to light. yellowish gray (5Y 811), mod. hard, common to abundant phosphatic sand, common quartz sand, abundant molds, trace quartz sandstone at 347' olive gray (5Y 6/1), good app. porosity and permeability. 357 -366 Limestone, packstone to wackestone, light gray (N7), mod. soft, common quartz sand, common phosphatic sand, common shell fragments, common molds, fair to good app. porosity and permeability. 366 -382 Limestone, packstone, light yellowish gray (5Y 8/1), mod. hard, common phosphatic sand, trace to common quartz sand in matrix, common molds common top abundant loose shell and fragments, good app. porosity and permeability. 04346LGG.B 1904.doc 100 GEOLOGIST'S LOG SCRWTP WELL CMHMW - CONTINUED - Depth ft Lithology 382 -394 Limestone, packstone, light yellowish gray (5Y 8/1), mod. hard, abundant phosphatic sand, common shell fragments, trace to common quartz sand, pin -point vugs, common molds, fossil bivalve, coral, spicules, good app. porosity and permeability. 394 -396 Limestone, packstone, light gray (N7), mod. soft, -10% white marl in matrix, common molds, common phosphatic sand, common pin -point vugs, good app. porosity and permeability. 396 -405 Limestone, grainstone, very pale orange (10YR 8/2), mod. soft, common quartz sand, abundant phosphatic sand, overall good app. porosity and permeability. 405 -413 Limestone, packstone to grainstone, light yellowish gray (5Y 8/1), mod. soft, common phosphatic sand, common quartz sand, common molds, common shell, fossil coral, bivalve, gastropod, good app. porosity and permeability. 413 -425 Limestone, grainstone, light yellowish gray (5Y 8/1), mod. soft, common phosphatic sand, common quartz sand, trace shell, trace molds, good app. porosity and permeability. 425 -429 Limestone, packstone, light yellowish gray (5Y 8/1), mod. hard, common molds, common phosphatic sand, trace quartz sand, trace shell, fair to good app. porosity and permeability. 429 -437 Limestone, packstone to grainstone, light gray (N7) to light yellowish gray (5Y 8/1), common to abundant phosphatic sand, common quartz sand, common molds, abundant shell fragments, fossil bivalve, coral, spicules, good app. porosity and permeability. 437 -442 Limestone, wackestone to packstone, light gray (N7), mod. soft, common molds, pin -point vugs, common phosphatic sand, good app. porosity and permeability. 04346LGG.81904.d0c GEOLOGIST'S LOG SCRWTP WELL CMHMW - CONTINUED - De th ft Lithology 442 -453 Limestone, packstone, light gray (N7) to light yellowish gray (5Y 8/1), mod. soft, common molds, common shell fragments, common phosphatic sand, trace quartz sand, good app. porosity and permeability. 453 -457 Dolostone, light olive gray (5Y 611), hard, microcrystalline, common pin -point vugs, common to trace phosphatic sand, good app. porosity and permeability. 457 -460 Marly limestone, wackestone to packstone, light gray (N7) to very light gray (N8), mod. soft, -25% white marl, common phosphatic sand, trace to common molds, fair app. porosity and permeability. 460 -462 Limestone, packstone, light yellowish gray (5Y 8/1), mod. soft, common molds, common phosphatic sand, trace phosphatic nodules, trace quartz sand, good app. porosity and permeability. 04346LGG.B1904.doc u 7, 0 lz 0 U) > r- -T, ) m :* 10 ZKM U) 0 0 (f) 0 > C-)O m OU) K 9: y. C 0 Ln 7< U) 0 C0 0 (A TI -n FA O m m El Ll IL n I fft i (n m m 0 9 1 Cil sm sm �s M m In 0 z W V $ � o x t� L=J ►C t7 U2 trJ z 0 rO v F-I FF--rr 0 m � � o z 5 z Csj o C7 1 o� ao Cb txj tidV` ^ 0 t7 H r I z El z POP& Z Avv m v D_ Z�� F � Clo n O $$� �Fii h Z a a Oaf P A A K K IAA P N > P A A P. v �m n 0 Z 1 II t�F 6Z A T 1^ P P P > 6> y a� E i i i E )o 2n D 7r MIN I!o°0 ,0o°0uoc ,OO�o00�000� 10 0 Q'O a'oO o° o0o° o0 ���09,0, ol I U-1 Elm" PAV6Elir P j O Z � � O � I � r a J ♦ 01 O r o= d 1� J z 0 o v C F�1 H1 M O Z ^N m N l l F" 0 °z � V n d `V 'n V ode z� H � oz L=J H �O z r �c o � �o TD N m D r r� 0 X D 4• ! Y N Q 1 1 >01'1C OpAnC T � 'J yAyryrwzxw � L m yO=�QN�im O 1�1 ��iWV! N v'ii ppi .'�. •.^ � � S' OR ��NVIN 1'1 Ap le R �-�zz�yyiyy x�,�yn V" >�Npp ~411.1 ZODy111Z •r �� V@>III }pOOOSJJJ. �epp"Ay 1x11 ^GNO> l'l� K � Sd 5' MIN N Jill OMMQIDMED � g jp��;j +1 O N +I ROW 1' MIN RECOMMENDED Ing � T y > O� > fi 9ll w •1 • y z. V WN RECOMMENDED OR � N 15• T 3 ,tT Q1 g A vEmlCAL 4f))ti 1� A� D, la; ROW 1 Iggp m 2 �a SRI V WN RECOMMENDED OR � N 15• T 3 ,tT Q1 g A vEmlCAL 4f))ti 1� A� D, la; ROW 1 Iggp m 2 �a y ou �O Z A C SO (SLOPE IN 1n D2 Di ' I �a N q V eg �-- hill Ii4 I (y� 4ivvv y AAAAA I 1 ,a ") I pp yy T�O f �� 5 -- 1 All �� ; pig , > 4 -% ul � �11�110 g�v= rgr «�z — mu ;R. �A >x _ =g� < >o cm — Mo E Ji vo Sd y N CONSTRUCTION BID 1QD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion - Test Production Wells Construction" BID NO. 06 -3907 Full Name of Bidder HAUSINGER & ASSOCIATES, INC. Main Business Address p.n_ Rix SSA Parrish., FT 14914 Place of Business 1407 -18th Ave, Dr. E Palmetto, FL 34221 Telephone No. 941-721-7667 Fax No. 941 -7 .1 -RR7R State Contractor's License # CB- C058441 CU- C056927 wa t r w 1 1 g 1 S 1 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Number 11 -01 -05 Contractor's Initials Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC -P -1 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE SCRWTP 20-MGD Welitleld Expansion -Test Production Welk Construction Ron Description Unit EsL Quantity Cost Amount C-1 Site Access Clearing and Acre 4.8 c7 p «-C, 3 t C-2 Sle Access Cleaft and Grubbing) Acre 2A i S ✓U _ iv 000 C3 Restoratlon 1w Soddlfm SY 8500 S�G l 2- 7 .s— C TOTAL &D PRICE FOR WELL 5-7 1 15-6 1 of 8 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO.16s Item Description Unit Est Quantity Cost Amount 1 Mobilization site preparation, surface casing Lump Sum 1 2 Drill 8Inch Pot hole to + 325 feet Feet 295 �}O I ( �C7J,'- 3 Holereamin to +325 feet Feet 295 4 Geophysical call gamma) Lump Sum 1 5 Ytstall 16 Inch production casing to + 325 feet Feet 325 1 oe, 6 Grout production casing, conduct plunibness & alignment lost Sadcs 575 - 7 Drill 144nch diameter open hole to + 480 feet Feet 135 6 Well development, reverse-air Hours 4 .Z ? O I GGC". — 9 Geophysical ft&g (caliper, mma Lurnp Sum 1 . 1 aD� ,� Oct, 10 Well development high rate pumping and surghV Hour 8 11 Conduct step drawdown test Hours 4 12 Disinfect well Lump Sum 1 13 Furnish and Instep weRread Lump Sum 1 St1C3J .~ 5� ors 14 Demobilization and restoration Lump Sum 1 I �� • I O(?ri 15 Extra work, drilling crew with drilling equipment Hours 2 16 Extra worK crew whh pump hoist Hours 2 I S D 3C C, '- 17 Extra work, drilling crew Hours 2 ISO 3 b['i f 18 Standby time, rig and drilling crew an she Hours 2 Op '- 19 Standby time, rig on site and crew off she Hours 2� TOTAL BID PRICE FOR WELL 2of8 10 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO 22s Item Des tion Unlit Est. Quant Cost Amount 1 Mobilization, ske re ration, surface cash Lump Sum 1 3 c zv - 3 d M 2 Drill 8 inch hole to + 325 feet Feet 295 40:— 3 ical in ptl r mma, duaNndudiarr Lump Sum 1 4 Hole reamin to + 325 feet Feet 295 5 lGeophysical ftgft (callper, mma Sum 1� 1 W 6 Install 16 Inch ..Ig to + 325 feet Feet 325 I t50 •� ✓V 3;L, 7 �3ii 7 Grout production caslng. conduct plumbness S alprunerd test Sadrs 675 8 DrB 144nch diartoter open hole to + 460 feet Feet 135 d 7 d 9 Well developrnaft, reverse -air Hours 4 10 Geophysi cal loWing (callper, gaffwm, irduc4on. Wm.. lluld resist flow Sum 1 t)Crt> . 11 Well devekVnwit high rate purrAft and surging Hours 8 12 Carrduct step drawdown test Hours 4 4tc% 13 Oiskrfectwell Luffv Sum 1 14 Fumish and Install welUread LUMP Sum 1 r 15 DemobAtzadw and restoration Lump Sum 1 —4 I UW, 16 Extra work drWm crew with drilling equipment Hours 2 17 Extra wok, crew with purM hoist Hours 2 , 3m.- 18 Extra work, ddft crew Hours 2 i z'. 3cz 19 Standby time, dg and ddlling crew do she Hours 2 H M.— 20 Standby time, dg on site and crew off site Hours 2 1 ov. 7-rz TOTAL BID PRICE FOR WELL t i- S 3of8 ioo SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO-23s Item Description Unit EsL Quantity Cost Amount 1 Mobilization, site prepara don. surface casing Lump Sum 1 35 3 2 Drill 8 inch PRO hole to + 325 feet Feet 295 3 Hole reaming to + 325 feet Feet 295 4 IGWOVSICal p mma Lu Sum 1 I CX%G C3Zii7. 5 install 16 inch to + 325 teat Feet 325 1 L Z 6 Grout production Casing, conduct umbness 6 test Sacks 575 3C' -)I 7 Drill 144nchdiaeter hole m Feet 135 ��•^ 41.15 ". � - 8 Wed deve revs —6 Hours 4 SO. C3Z377 9 Geophysical w mma Lump Sum 1 t Z. 10 Well development. high rate Mmping and suMing Hours a 1 1 `� 11 Conduct step drawdown test Hours 4 12 Disinfect well Lumo Sum 1 13 Furnish and Install weWread Lum Sum 1 ci 5 14 15 Denabidzation and Extra work, drildn crew wdh dd t LUMP Sum Hours 1 2 0 16 1 Extra work, crew with hoist Hours 2 t ^ 37 Cam. 17 Extra work drdlin crew Hours 2 I Sr7. 3cO ` 18 Standbv time, rig and drilling crew on site Hours 2 19 Standby time, do on site and crew off site Hours 2 TOTAL BID PRICE FOR WELL 5 4 of 8 SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #7. TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE 1 TEST PRODUCTION WELL RO.211s Item Des n Unit Est. Quantity Cost Amount 1 Mobilization. site pregrallon, surface casing Lump Sum 1 3 S CX7L3.- 2 Drill a inch pilot hole to + 325 feet Feet 295 4c, 3 Geophysical bgging (cakw, dual - Induction Sum 1 i Ste' ✓,� 1 S. 4 Hole reaming to + 325 feet Feet 295 5 1 W Sum 1 © crzc- 6 Instal 16 inch casing; to + 325 feet Feet 925 i tip 3 2,15-M 7 Grout production casino, conduct & alignment test Sadcs 575 6 Drill 144nch diameter hole to + 460 feet Feet 135 9 Weil reverseak Hours 4 � our, - 10 I cal nm�a induction fluid resist. flow Sum 1 11 well nt, high rats and su Hour a 12 Condit sten drewdown lest Hours 4 T9 cr> , — 13 Disinfect well Lump Sum 1 14 Fumish and Instal wellhead Sum 1 04, 15 Demobilization and restoration W Sum 1 1 VZCi ,— 16 Extra work, drilling crew with ddft equlpnent Hours 2 -2-5 b 17 Extra work, crew with purnp hoist Hours 2 (S f�. - 3 c)U 18 Extra work drlln crew Hours 2 1 jG 3,,( - 19 Standb time and drilling crew on site Hours 2 _ r�1� ' 1:5z . _ 20 IStandby tirne, dg on site and crew off site Hours 2 a TOTAL BID PRICE FOR WELL 5of8 10D SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO -29s Rem Description Unit Est Quantl Cost Amount 1 Mobilization, site re on rad, surface casing Lum Sum 1 S 5 � • t,�7D,' 2 Drill 8 Inch Pilot hole to + 325 feet Feet 295 40.— G'✓ ~ `, 3 Hole reaming to + 325 feet Feet 295 4 lGeophysical logging (caliper, gamma) Lump Sum 1 1 5 Install 16 Inch Production casing to + 325 feet Feet 325 6 Grout production casing, conduct plumbness & alignment test Sacks 575 7 Drgi 144nch diameter open hale to + 460 feet Feet 135 8 Well development reverse-eir Hours 4 9 Geophysical logging (caliper, gamma) Lump Sum 1 1 1 isw. OM 10 Wel development high rate pumping and surging Hours 8 i 11 Conduct step drawdown test Hours 4 12 Disinfect well Lump Sum 1 13 Furnish and Instal wellhead Lump Sum 1 14 Demobilization and r9storadon Lump Sum 1 C7fTY7 ,� 15 Extra work, Willing crew with drilling equipment Hours 2 16 1 Extra work, crew with pump hoist Hours 2 i 17 Extra work, drilling crew Hours 2 18 Standby time, dg and drilling crew on site Hours 2 '� t3lj ►t�tt, 19 Standby time, dg on she and crew off she Hours 2 TOTAL BID PRICE FOR WELL 1- j 6of8 lOD SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE 1 TEST PRODUCTION WELL RO31s Item 1 Description MotAt ation, site preparation, surface casing Unk Lump Sum Est Quantity 1 Cost (J r Amount 3 S c 2 3 DdN 6 inch plot hole to + 325 feet Hole rearning m +325 feet Feet Feet 295 295 + 1 5-� M I— . 4 IGWOryslcal ra Sum 1 1 C7x.. ( I c7or . 5 Instal 16 Inch production Ca wft to + 325 feet Feet 325 I' 6 Grout production casing, conduct plumbness b aNgnment test Sacks 575 3C). T 0rn11144nch darnetar Men hole to + 460 feet Feet 135 8 WeN deveWpment, reverse - Ir Hours 4 . -5b. 0xv 9 jGeo0Vs1=1 n cal ma Sum I ML. 1 czv 10 WeU develownent. tigh rate pmqft and surging Hours I —b " j I 1ZV 11 12 Conducts drawdown test Diskdect wel Hours Sum 4•� qc / 13 Famish and Install wellhead Lu Sum 1 5✓ UiSIi S 14 Demobilization and restoratlon Lurno Sum 1 1 C3Tb 15 Extra work, drUlng crew wNh dffm eguipment Hours 2 16 1 Extra work, crew with pump hoist Hours 2 1 S� " 3 Lit% " V Extra work drllng crew Hours 2 15Ti., 3c� 16 Standbv time. do and -- crew on site Hours 2 v 19 Standby time, ft on site and crew off site Hours 2 (� , TOTAL BID PRICE FOR WELL 13 t0 2. i 7 of 8 10D SCRWTP SOUTH WELLFIELD EXPANSION CONTRACT #1 TEST PRODUCTION WELL CONSTRUCTION BID SCHEDULE HAWTHORN AQUIFER ZONE I TEST PRODUCTION WELL RO-325 Item Desul tion Unit Est. Quanft Cost Amount 1 Mobilization, site preparation, surface casing Sum 1 .3S UCU. ?J S 2 Drill 8 inch pilot tole to + 325 fast Feet 295 - 3 ical kaging (callper, 9amma, dual4nductlon Lump Sum 1 5/� / �• 4 Hole reaming b + 325 feet Feet 295 5. lal (cal per, Lump Sum 1 1 UDL. ^ I �. 6 instal l6 inch to+325fed Feet 325 i(�1a 3 �,- 7 Grout , conduct ess ti a mart last Sacks 575 V • - 8 Drill inch diameter hole b +460 feet Fact 135 sb, - 9 Well de reverse-air Hours 4 10 I a , Induction, fluid resist. Sow Sum 1 � `'' .^ 11 Well development high race pumpkV and surging Hours 8 I Sz, 12 lConduct s drawdown fast Hours 4v 13 Disinfect well Lump Sum 1 - 14 Furnish and Instal wellhead Lump Sum 1 5� ' 15 Demobilization and restoration Lump Sum , CStSb r ( t� 16 Extra work, d crew wlh dMn equipment Hours 2 > S — 17 Extra work, crew with hoist Hours 2 G. Xl — 18 Extra work drilift crew Hours 2 0 . — 19 Standby tirne, rig and drilft crew on site Hours 2 OP 20 Stan time, on site and crew off sts Hours 2 CM. YOM NO PRICE F R 8 Of8 lOD MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL if 16" FRP Well Casin 2 MANUFACTURER Burgess Well Co. 3. 4. 5. Dated 11 -10 -o5 HAUSINGER & AS CIATES, INC. BY: GC-P-3 lOD LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. 2. 3. 4. 5. Category of Work Site Clearing Dated 11 -10 -05 GC -P -4 Subcontractor and Address Engelhardt Grinding, LLC 15800 Huffmaster Road N. Fort Myers, FT, 33917 HAUSINGER & ASE IATES, INC. 10 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. 2. 3. 5. Project and Location Marco Island RO Wells 19,20 &21 Sarasota Cty. IAMW Program Pt. Orange Wellfield Expansion Bradenton ASR Program City of Clearwater Wellfield • • ! ' Dated 1i -10 -o5 GC -P -5 Reference Gary Eichler, P.G. Connect Consulting, Inc. Ph. 561 - 204 -4073 Fx. 561 - 204 -4107 Tom Farkas, P.G. Post, Buckley, Schuh & Jernigan Ph. 813 - 282 -7275 Fx. 813 - 281 -0954 Brad Blais, P.E. Quienton Hampton & Associates Ph, 386- 761 -6810 Fx. 386- 761 -3977 John Locklear Jones, Edmunds & Associates Ph. 352 - 377 -5821 Fx. 352 - 377 -3166 Gary Stine, P.E. Me-Kim & Creed, P -A- Ph. 727 - 442 -7196 Fx. 727 - 461 -3827 Kevin Dorsey, P.G. Post, Buckley, Schuh & Jernigan Ph. 813- 282 -7275 Fx. 813- 281 -0954 1. 2. 3. 4. 5. lOD TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F,SY) Slopped walls. LS 7 $200.00 $1,400.00 TOTAL $ 1,400.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated 11 -10 -05 Hausinger & Ass iates, Inc. Bidder BY: GC -P -6 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Fifty (150) 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 and Seventy Five (175) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State Of FLORIDA County of MANATEE Jeffrey J. Hausinger , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Jeffrey J. Hausinger , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including 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. GC -P -7 10D (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of FLORIDA which operates under the legal name of HAUSINGER & ASSOCIATES, INC. and the full names of its officers are as follows: President JEFFREY J. HAUSINGER Secretary JOANNE G. HAUSINGER Treasurer JOANNE G. HAUSINGER Manager JEFFREY J. HAUSINGER The PRESIDENT is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken out this last sentence if not applicable). The Bidder is an in( and if operating and GC-P-8 A r L 1� BY: HAUSINGER & 4Wt ss 7 Name of Bidder i Witness STATE OF FLORIDA "COUNTY OF MANATEE Si 10 - OCIATES, INC. d) JEFFREY J. HAUSINGER, PRESIDENT Title The foregoing instrument was acknowledged before me this lothday of November , 2005, by _ Jeffrey J. Hausinger , as President Of Hausinger & Associates, Inc. a Florida corporation, On behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: / - / j - 0q Carolyn S. Bergmann i Commission * DD363519 NAME: ' Expires January 11, 2009 T" Fain • Mwnna, hit. bpp.�j -7019 (AFFIX OFFICIAL SEAL) GC -P -9 (Signature of Notary) clai-olvii S a ran d►� (Legibly rinted) Notary Public, State of -.F Commission No.: L 3.(c) 36 0 -i0D M. "b 1-101Z I KNOW ALL MEN BY THESE PRESENTS, that We _Hausinger & Associates, Inc. (herein after called the Principal) and International Fidelity Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of New Jersey with its principal offices in the city of Newark, NJ and authorized to do business in the State of Florida are held and firmly bound unto the Collier County (hereinafter called the Owner), in the full and' just sum of Five Percent of the Bid Amount dollars ($ 5 %_ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents_ Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install., and fully complete the Work on the Project known as see below South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction Bid No. 06 -3907 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, In the event of. the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed. sum of $ 812.36 /per day noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC -p -10 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this Loth day of November , 2005. Hausinger & Associates,. Jeffrey H inger, President International Fide ty Insurance Company CounOrsigned Kevi Wojtowicz, Attorney -In -Fact LocalRasident Producing gent for ;Nielson, Wojtowicz & Associates GC -P -11 I ncipa, (Soa!) Surety (Seal) Tel(973)*624 -7200 POWER OF ATTORNEY 100 INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND/RIDER /CONSENTS /AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint GLENN ARVANITIS, KEVIN WOJTOWICZ, BOB C. KNOKE Clearwater, FL. u, a uc anu ,awiui anorneyks)-m -tact to execute, seal ano aeuver ror ana on its benalt as surety,, any and all bonds and undertakings, contracts of indemnity and other writings obligatory , m the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and (he execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority ( l) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in tie future with respect to any hond or undertaking to which it is attached. 1iTY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be p0 signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. ���►�Z SEAL INTERNATIONAL FIDELITY INSURANCE CO NY ran y 1904 STATE OF NEW JERSEY ` �faS�, �p County of Essex Vice -Pr ident On this 31st day of August 1998, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. /0ARQ6 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, C'9 at the City of Newark, New Jersey the day and year first above written. 0 NOTARY PUBLIC -1 JERS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power o o f Attorney has not been revoked and is now in full force and effect N TESTIMONY WHEREOF, I have hereunto set my hand this tom day of �o1re m i 4005 Assistant Secretary / 100 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, -.sign in the spaces indicated and return with your Bid. 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 Tamiami Trail, East Naples, Florida 341,12 11. The mailing envelope must be sealed and marked with: "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion - Test Production Wells Construction" 06 -3907 November 10, 2005 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 HAUSINGER & ASSOOCIATES, INC. Bidder Na e Signature & Tit Jeffrey J. Hausinger, President DATE:11 -10 -05 GC -P -12 10D CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Hausinger & Associates, Inc. ( "Contractor ") of 2901 Wilderness Blvd. W., Parish, FL 34219, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction, Bid No. 06-3907(" Project"), as said Work is set forth in the Plans and Specifications prepared by Greeley and Hansen LLC, the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents 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" and sometimes as the "Contract "). 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 one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. 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: [DESCRIBE IN WORDS] one million, thirty -five thousand, twenty -five dollars and zero cents. $1,035,025.00 GC -CA -1 10 ` -- Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are 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 meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.ciov/c570/c570.html#certified. 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 at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. 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. Contractor shall achieve Substantial Completion within One Hundred and Fifty (150) calendar days from the Commencement Date (herein "Contract Time "). 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. Contractor shall achieve Final Completion within One Hundred and Seventy Five (175) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 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 Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC -CA -2 100 such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Eight Hundred and Twelve Dollars and Thirty Six Cents ($812.36) 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 within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. 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 Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the -- part of the Owner. GC -CA -3 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Porfirio E Gramatges, P.E. Principal Project Manager Collier County Public Utilities Engineering GC -CA -4 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: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Greeley and Hansen LLC and identified as follows: South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction as shown on Plan Sheets 1 through 8. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Porfirio E Gramatges, P.E. Principal Project Manager Collier County Public Utilities Engineering GC -CA -4 10 3301 East Tamiami Trail, Building "H" Naples, FI 34112 Tel: 239 - 774 -8836 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Jeffrey J. Hausinger, President Hausinger & Associates, Inc. P. O. Box 559 Parrish, FL 34219 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. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 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 any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. 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 10. 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 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. GC -CA -5 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. 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 14. 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 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. 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 17. 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, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -6 lOD am GC -CA -7 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. • WITNES -S Joanne G. Hausinger Type /Print Name "-S-4 �.. SECOND WITNESS- Andrew N. Hausinger Type /Print Name Date:;,+ ATTEST: Dwi§ht E. Brock, 'Clerk BY: � /, test as to Ch.n f rma S S*ature _on Y. Approved As To Form and Le fficiency: Assistant 96unty Attorney CONTRACTOR: Hausinger & AVociates, Inc. Jeffrey J. Haus'inger President Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -8 BY: V-t� W Fred W. Coyle, Chairm Item # 1 mb_- Agenda Date ! 1 Rpr.'t1 FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. SEIFU0370363 CONTRACTOR: Hausinger & Associates, Inc. P.O. Box 559 Parrish FL 34219 (941) 721 -7667 SURETY: International Fidelity Insurance Company One Newark Center 20th Fl. Newark, NJ 07102 (973) 624 -7200 AGENT: Nielson, Wojtowicz & Associates, Inc. 33 6t1' Street South, Suite 700 St. Petersburg, FL 33701 (727) 209 -1803 OBLIGEE: Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 (239) 417 -6098 PROJECT: South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion - Test, , 06 -3907, 3301 East Tamiami Trail B, Naples, FL 10D EXHIBIT A PUBLIC PAYMENT BOND "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction" KNOW ALL MEN BY THESE PRESENTS: That Hausinger & Associates. Inc. and International Fidelity Insurance ComDa Bond No SEIFSU0370363 Contract No. 06 -3807 as Principal, as Surety, located at One Newark Center, 20th FL. Newark, NJ 07102 (Business Address) are held and firmly bound to Collier COunty Board of rnunty Commissioner as Obligee in the sum of One Million hirty Five Thousand and TwPniX Five Onllare and Tarn rants ($ 1,035.025.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 29th day of November 2005, with Obligee for South County Regional Water Treatment Plant 7n -Mrn in Collier County accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants_ IN WITNESS day of Decerr duly signed k body. WHEREOF, the above parties have executed this instrument this 14th )er 2005, the name of each party being affixed and these presents y its under - signed representative, pursuant to authority of its governing GC- CA -A -1 This bond is given to comply with secrio <i 255-05 Fled& Statutes, and any action, inztitZ d L'y a clai! -,la �t tii'Ede, `cI bond for payment musi be in acc'orda'nce with the '-- — anE time limitation provisiorns in Section 255.05(2;, Plrsricla Statute's Signed, sealed and delivered in the presence of: STATE OF Florida COUNTY OF Manatee 10 PRINCIPAL ' - - _d a • - The foregoing instrument was acknowledged before me this 1 sthday of nPt.Pmhtzr 2005, by Jeffrey J. Hausinger as President of Hausinger & Associates, Inc. , a Florida corporation, on behalf of the corporation. He /she i� _l�cs9n �� Irnn �,n to me OR has produced as identification and did (did not) take an oath. My Commission Expires: V Carolyn S. Bergmann Commission # DD363519 Expires January 11, 2009 onded Troy Fain • Intwanca, Inc. W&388.70t9 (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety NAME: GC-CA-A-2 -x (Signature of Notary) (Legibly Printed) Notary Public, State of DrIaa_ Commission No.: SURETY: International Fidelity Insurance Comp (Printed Name) (Business Address (Authorized Signature) (Printed Name) OR STATE OF Florida COUNTY OF Pinellas 11 As ttorney in Fact and FL Licensed Resident (Attach Power of Attorney) Kevin Wojtowicz (Printed Name) Nielson, Wojtowicz & Associates 33 6th Street South Suite 700 St. Petersburg, FL 33701 (Business Address) 727 - 209 -1803 (Telephone Number) The foregoing instrument was acknowledged before me this day of DO.L =h" be t' , 2005, by , as ,r e4 - ►r, - Fay+ of r CI- C'"TZA' ( Surety, on behalf of Surety. He /She is personally known to me ORI has produced K•-, o -I 1"N as identification and who did (did not) take an oath. My Commission Expires- 0; �I0 I sS qpb, ''► i AGO u0� 19 ? "A/ i (AF�f4lf*FIClAL9` AL) #DD281839 /lafNtjfflll" a Name: (Legibly Printed) GC- CA -A -3 Notary Public, State of: Commission No.: goo EXHIBIT A PUBLIC PERFORMANCE BOND "South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion — Test Production Wells Construction" Bond No. SEIFU0370363 Contract No. 06 -3907 KNOW ALL MEN BY THESE PRESENTS: That Hausinger & Associates, Inc. as Principal, and International Fidelity Insurance Company as Surety, located at One Newark Center, 20th FL. Newark, NJ 07102 (Business Address) are held and firmly bound to Collier County Board of Countx Commissioners , as Obligee in the sum of One Million Thirty Five Thousand Twenty FIve Dollars and Zero Cents ($ 1.035.025.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 29th day of November 1 2005, with Obligee for South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein 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 materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force_ Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. 1iti9 bend I9 @lven t0- C-oMpTy With -s:ecti0n 2'5,05 x" Statutes, and any action instituted b,,r a clairnant u bond for payment must be in accordance with the rtc UmeRmitationprovisions in S ction 2.55. 05(2), F'lori&j. GC-CA-A-4 _ - 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 December , 2005, 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 Hausinger & Associates nc. f R BY: nesses as r f ncipaI GF NAME: Jeffrey J. Hausinger ITS: President STATE OF Florida COUNTY OF Manatee The foregoing instrument was acknowledged before me this 18th day of December 2005, by Jeffrey J. Hausinger , as President of Hausinger & Associates, Inc. , a Flnr i da corporation, on behalf of the corporation. He /she is �ersona[1 _.Kra�wn_ to me OR has produced as identification and did did not take an oath. My Commission Expires: *�Qtiid Carolyn S. Bergmann (Signature) »: Commission # D0363519 Name: XPires January 11, 20o9 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: F -lo r Commission No.: GC-CA-A-5 ATTEST: SURETY: International Fidelty Insurance Company (Printed Name) (Business Address) (Authorized Signature) jesWvVittses as t o o Surety (Printed Name) OR --,, As ttorney in Fact and FL Licensed Resident Agent (Attach Power of Attorney) .J- Kevin Wojtowicz (Printed Name) Nielson, Wojtowicz & Associates 33 6th Street South Suite 700 St. Petersburg, FL 33701 (Business Address) 727- 209 -1803 (Telephone Number) STATE OF FLorida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this a_ day of 2005, by W as ,- 4 —1 r, y LK � Of +�I �, T ,r c��� a w Surety, on behalf of Surety. e /She is personally known to mb OR has produced as identification and who did (did not) take an oath. My Commis!,%RQ,�,xpires: ` �� • 1SSION acj oy 19, Oi Vol #DD281839 ' e (AFFIFFy, Name: GC- CA -A -6 (Legibly Printed) Notary Public, State of: Commission No.: Tel (973) 624 -7200 POWER OF ATTORNEY 10D .•• INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ....................................................... ............................... ................................ ............................... GLENN ARVANITIS, KEVIN WOJTOWICZ St. Petersburg, FL. .... its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as sure y of indemnity other writings obligatory in the nature thereof, which are or may be allowed, required of pertymitted b nlaw, stature, rule, rFg�ulation', contract sor otherwis and COMPANY as fully fully a d amply, to all 'intents and purposes, as f the same had been dbinding executed andaacknowlledged by its regularly elec edofffice�rs at CE principal office. its This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY IN SURANC)G COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secreary, shall have power and authority (1) To appoint Attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt; Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures 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. `0 I Y Ip�. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be O�OQ_�l/� signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. cv SEAL �" - INTERNATIONAL FIDELITY INSURANCE CO NY r y 1904 STATE OF NEW JERSEY J'��S�ayp County of Essex Secreta On this 29th day of August 2003, before me came the individual who executed the precedin instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. AR(��f IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ' at the City of Newark, New Jersey the day and year first above written. CO NOTARY 0 PUBLIC J�as� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION MY Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of � 1�L� .mb e-r/ Assistant Secretary ACORD,, CERTIFICATE OF LIABILITY INSURANCE �2 /14/2 0' PRODUCER FAX (941)746 -8063 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE man, Green & Blalock, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1111 8th Avenue W. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bradenton FL INSURED Hausinger & Associates, P. 0. Box 559 Parrish 34205 Inc. 342190559 A:Auto- Owners Ins Co A. F C C I Grout) NAIC # 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. Af_`(^_DCf_`ATC I lulTC QWMAW ►AAV 41AVG RI=GIU PP=r)l IC1=171 RV PAIr1 CI A16A52 INSR LTR ADD -L INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY 9423122045671804 03/03/2005 03/03/2006 EACH OCCURRENCE $ 1.000.000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx� OCCUR DAMAGETC, RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3, 000 • X00 PRO - POLICY X JECT LOC A AUTOMOBILE LIABILITY ANY AUTO 9542700900 03/03/2005 03/03/2006 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ -. HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS/UMBRELLALIABILITY 9542700901 03/03/2005 03/03/2006 EACH OCCURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND 55029 03/01/2005 03/01/2006 y I WCSTATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 * OTHER INLAND MARINE 9660122053146705 03/30/2005 03/30/2006 Contractors Equipmen Blanket Leased /Rente Deductible: $250.00 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Contract #06 -3907" South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion - Test Production Wells Construction" Waiver of Subrogation applies to Workers Compensation - Per Project Aggregate on General Liability. Certificate holder is listed as additional insured with regard to General Liability as primary & non - contributory. CERTIFICATE HOLDER CANCELLATION (239)530-6596 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Collier County Government EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Purchasing Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 3301 E Tamiami Trail FAILURE TO DO SO SHALL IMPOSE OBLIGATI ILITY OF ANY KIND UPON THE Naples, FL 34112 INSURER, ITS AGENTS OR REPRESE S. �- AUTHORIZED REPRESENTATIVE Greg Bustle AAI /JUDY �- ACORD 25 (2001/08) © ACORD CORPORATION 198E INS025 (0108).06 AMS VMP Mortgage Solutions, Inc. (800)327 -0545 Page 1 of: 10 we EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their. equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. \-) 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. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor 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 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 not maintain the insurance coverage's required herein, the ier may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 10D coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse vner for such costs within thirty (30) days after demand, Owner has the right to offset these.costs ._.,m any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it-be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (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 shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No -•r GC- CA -B -2 10D - (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the -)ntractor during the term of this Agreement for all employees engaged in the work under this greement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights 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. (check one) [:]Applicable X Not Applicable . I Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 -- _ General Aggregate GC- CA -B -3 $ 500,000 10D - Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 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) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such �" erage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount 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, ,r :- GC- CA -B -4 10 - whichever is earlier. This insurance shall include interests of the Owner, the Contractor, ibcontractors, 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 and windstorm 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 $5,000 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 or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 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 - I 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 Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any 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 and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 GC- CA -B -5 10 'am Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,_ and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B -6 10 EXHIBIT C RELEASE AND AFFIDAVIT FORM UNTY OF COLLIER ) FATE 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 forjself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2005 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (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) To the maximum extent permitted by law, 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 I;"V ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by ,as of ,a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date 100 FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: 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 Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION `NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments _jeived 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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: _(DP's Name) _ (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC- CA -D -1 lOD N Q U U ti' z r my m Ww U J W Z O r IL O o U J F Wuj N C C ++ 0 J IL °o m E r 2 N O L O r o U c N c w Q c E ac y, 02 O w o r a7 F < m E V p m YE C_ O - ca � N ' z F N = 0 O F r W m Y r -° d cl r J w v ° = c Q a o a F 3 v w r > w J N O O °' V LL a o a -° O 2 a w y W 0 V v W v N L J Y — a z N 3 w C O O a a ►L U c Vi 00 L m W ~ C W = a) m a r L � L U ..o ° c y w J > W > ° V r w p p J - — w < CL m _ > cl m U Qv N N a7 a) � L a) ~ «a 0. N y W G C O S C �a cr z m E c O w co IL E c O 2 _ d U y o m L Iq w J Q V O m C O d o r 3 0 c O w c r r cl v 19 a) O O H a> r_ w z x m y t m u tm w _ Z X • o � ? x W« p to L W I a z 3 lOD N Q U U ti' TO: Project Name: Bid No.: Change Order No.: Change Order Description 10D - EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................. ..............................$ Original Contract Time in calendar days Adjusted number 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 Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Accepted by: Approved by: Design Professional Contractor Department Director Authorized by: Division Administrator (For use by Owner: Fund Cost Center: Number: GC -CA -E Date: Date: Date: Date: Date: Object Code: Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. 10D an This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 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 requirements of 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. •.r GC- CA -F -1 10D The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 12005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2005 CONTRACTOR - By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 12005 OWNER By: Type Name and Title GC- CA -F -2 JOD on EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 2005 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract-Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (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. As -Built drawings obtained and dated: 6. Owner 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. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15, Other: If any of the above is not applicable, indicate by N /A. if NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) GC- CA -G -1 By Design Professional: 10D (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name). (Signature) (Name & Title) GC- CA -G -2 100 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. - 1.1 It is the intent of the Contract Documents to describe a functionally complete -" Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by 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 Subject to Section 2.3 below, 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: GC- CA -H -1 10D - 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 project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. •.r GC- CA -H -2 lOD 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 33 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. 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 along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC- CA -H -3 10 - 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. 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, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall 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. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments - of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within 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. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC- CA -H -4 10 - 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full . for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless tTiese 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 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this _ Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d)-reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC- CA -H -5 10D - 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated_ or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth 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 Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 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 attached to this Agreement as Exhibit G. 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 in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. 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 GC- CA -H -6 10 - 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, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by 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 Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC- CA -H -7 lOD 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and 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 Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; �- 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 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 GC- CA -H -8 10D - am 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. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, 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 document retention 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 its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. .. "No GC- CA -H -9 10 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor . be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 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. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 GC- CA -H -10 10D sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order . shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known 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 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 - GC- CA -H -11 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If . the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek - an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC- CA -H -12 10D - for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, 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 Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC- CA -H -13 10D - 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 Contractor 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. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor; (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, 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 GC- CA -H -14 10 - 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 attorneys' fees) or damages incurred by Owner incident to such completion, shall be -deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC- CA -H -15 10 - notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed . through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and 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 Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final - inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC- CA -H -16 10 sm they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their . observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) 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 its 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 subcontractor or materialmen 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. 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 another 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 GC- CA -H -17 100 - the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 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. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 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. 22.5 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. 22.6 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. GC- CA -H -18 10 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 and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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. GC- CA -H -19 10 - 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 Owner, 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. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. 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 parTof 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 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 be subject to Owner's approval and 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. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 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 GC- CA -H -20 10 am 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 5.13, 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 any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 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 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 Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be _. deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas -. GC- CA -H -21 IOD 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. 28.3. Contractor shall designate a responsible representative located on a full time basis 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. 28.4 Alcohol, drugs and all illegal substances are strictly prohibitL-d on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind." GC- CA -H -22 100 - 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, . Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 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, GC- CA -H -23 10D the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design . Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre - construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner 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 this 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 (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. GC- CA -H -24 OD - Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must 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 Agreement GC- CA -H -25 requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the _. Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. GC- CA -H -26 10 - 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result - in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost- Estimates GC- CA -H -27 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As- Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. r GC- CA -H -28 9M ffol= EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS a. 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 and Microsoft Project; 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. GC- CA -1 -1 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 100 - TABLE OF CONTENTS 100 PAGE TABLEOF CONTENTS .................................................................................................. SECTION 02070 SUMMARY OF WORK ...................................................... 02070-1 SECTION 02071 DEFINITIONS AND ABBREVIATIONS ............................. 02071-1 SECTION 02072 PERMITS AND FEES ........................................................ 02072-1 SECTION 02073 WORK SCHEDULES ........................................................ 02073-1 SECTION 02074 REPORTS AND OTHER RECORDS ................................ 02074-1 SECTION 02075 MATERIAL, EQUIPMENT AND WORKMANSHIP ............ 02075-1 SECTION 02076 PROTECTION OF PROPERTY RIGHTS .......................... 02076-1 SECTION 02078 WELL SPECIFICATIONS .................................................. 02078-1 SECTION 02079 CONTRACT PAY ITEMS ................................................... 02079-1 04346SMW.DI405.doc 10D - SECTION 02070 SUMMARY OF WORK A. General Project Description -- Collier County Public Utilities Engineering Department (Owner) is requesting bids from qualified drilling contractors for the construction of seven Hawthorn aquifer zone I test production wells. The test wells, after being re- permitted, will be part of a new wellfield that will supply feedwater for reverse osmosis (R.O.) treatment at the South Collier Regional Water Treatment Plant (SCRWTP). Finished water from the treatment plant is distributed to Collier County customers for potable supply. The test production wells will be cased with 16 -inch diameter fiberglass reinforced plastic (FRP) to a depth of approximately 325 feet below land surface (bls) and completed with open holes about 460 feet bls. Actual casing and open hole depths will vary at each well site subject to the specific subsurface conditions encountered. The Engineer will provide the Contractor with picks for production casing and open hole completion depths after evaluating hydrogeologic data collected prior to those construction stages. Six of the new R.O. test production wells will be constructed on the east side of County Road 951 (CR -951) between Beck Boulevard on the north to slightly south of Rattlesnake Hammock Road, as shown on Sheet 2 of the Drawings. The seventh well will be drilled on the south side of Beck Boulevard east of CR -951. All seven wells will be constructed in South Florida Water Management District (SFWMD) easements. Collection of drill cuttings, representative formation water samples, borehole specific capacity tests and a step drawdown test will be performed during the construction of all wells for the project in order to obtain data concerning aquifer hydraulic properties and native groundwater quality. Geophysical logging will also be performed in accordance with the Specifications. B. Coordination with Other Contractors Other field activities may be underway at the same time that Work under this contract is being done. The Contractor shall coordinate activities with other contractor(s) to allow orderly and timely completion of all site work. C. Subcontractors The Contractor shall not employ any subcontractors against whom the Owner or Engineer may have reasonable objection. The name, address, and experience of all proposed subcontractors that will be used on the project shall be submitted by the Contractor along with the Bid. 04346SMW .D 1405.doc 02070 -1 100 an D. Utility Location The Contractor shall have existing utility services in the work areas located and marked prior to commencing construction. It shall be the Contractor's responsibility to field verify that adequate clearance between existing utility services are present to complete the project as designed. E. Temporary Facilities The Contractor shall furnish, permit where applicable, and maintain all necessary temporary facilities required to complete the Work at no expense to the Owner. This shall include, but not be limited to: temporary water supply, temporary electrical service, and temporary sanitary facilities. 04346SMW.D1405.doc END OF SECTION 02070-2 • .r SECTION 02071 DEFINITIONS AND ABBREVIATIONS A. General The definitions and abbreviations used in the Drawings and Specification are as follows: ANSI shall mean American National Standards Institute. ASTM shall mean American Society of Testing and Materials. AWWA shall mean American Water Works Association. BLS shall mean below land surface. FDEP shall mean the Florida Department of Environmental Protection. FGS shall mean the Florida Geological Survey. FRP shall mean fiberglass- reinforced plastic. - MGD shall mean million gallons per day. NPT shall mean National Pipe Threads. NSF shall mean National Sanitation Foundation. PVC shall mean polyvinyl chloride. SCRWTP shall mean the Collier County, South County Regional Water Treatment Plant. SFWMD shall mean the South Florida Water Management District. USDA shall mean the United States Department of Agriculture. USEPA shall mean the United States Environmental Protection Agency. END OF SECTION _ 04346SMW.D1405.doc 02071 -1 SECTION 02072 ion PERMITS AND FEES A. General The Contractor shall procure all permits, certificates, and licenses required by law for the execution of the Work, except those specifically exempted in Subpart C of this Section, and comply with all applicable federal, state, and local regulations and ordinances. 2. The Contractor shall schedule all inspections and obtain all written approvals of the agencies required by the permits and licenses. 3. The Owner and Engineer shall be furnished with copies of each permit prior to the Contractor commencing work. B. NPDES General Permit 1. It is anticipated that groundwater generated during well construction and testing will be discharged to a combination of surface water bodies and through land application. For discharges to surface waters covered under the National Pollution Discharge Elimination System ( NPDES) occurring during the project, the Contractor shall be responsible for complying with requirements of the NPDES Generic Permit for Florida (FDEP Guidance Document February 14, 2000, or superseding documents). 2. The Contractor will be given available raw water quality data for the existing SCRWTP wellfield and test wells constructed along the new wellfield alignment. This data may be sufficient to demonstrate to FDEP that discharge water chemical parameters meet NPDES requirements for non - contaminated sites. It shall be the Contractors responsibility to ensure that this is the case and to provide any additional discharge water quality analyses and to conduct other discharge monitoring required to comply with the Generic Permit. 3. The Contractor shall provide a method of particulate removal or other necessary treatment processes to ensure that the discharge water is free of floating solids, visible foam, turbidity, or visible oil in such amounts as to form nuisances on surface water and comply with all other environmental regulations. 04346SMW .D1405.doc 02072 -1- 100 - C. Permits by Owner 1. The Owner shall be responsible for procuring SFWMD permits to use District easements for well construction. Standard SFWMD and County well construction permitting will be the Contractor's responsibility. 2. The Owner shall be responsible for procuring SFWMD approval for any temporary groundwater withdrawals associated with well testing and consumptive water use permitting for the new wellfield. The Contractor shall not be responsible for consumptive water use permitting requirements. - 3. The Owner shall be responsible for procuring Collier County Site Development Plan and Vegetation Removal Permits and Environmental Resource Permits (ERP) from FDEP, if such permits are required for the Work. 04346SMW.D1405.doc END OF SECTION 02072-2 SECTION 02073 WORK SCHEDULES A. Construction Schedule 100 The Contractor shall submit a detailed construction schedule before commencing any site work. The schedule shall include the proposed spud date, completion date, and other significant construction and testing milestones for each well. The schedule shall be revised at least monthly to reflect changes in work progress. If the work falls behind schedule, the Contractor shall take necessary action to get the project back on schedule and complete the Work within the Contract Times. B. Working Hours The Contractor shall perform work on site only within the designated official working hours as established by local government, unless a special exception or permit is obtained by the Contractor. Requests for extended work hours must also be approved by the Owner and Engineer. C. Delays for Extra Work The Engineer may order the Contractor to stop operations so that extra work not included in the Specifications, such as previously unspecified testing and data collection, can be performed. The Engineer shall advise the Contractorwhen he proposes to do this and will schedule the request so that it causes a minimum of delay. The Contractor shall be reimbursed for approved standby time at the hourly rates listed in the Cost Proposal Form. There are two categories of standby time: 1) standby time with the rig and drilling crew on -site, not operating the rig; and 2) standby time with the rig on- site and the crew off -site. No payment for standby time shall be made unless advance written approval is granted by the Engineer or Owner. D. Extra Work The Contractor shall be reimbursed for approved extra work at the hourly rates listed in the Cost Proposal Form. There are three categories of extra work: 1) drilling equipment and drilling crew performing additional tasks as required by the Owner or Engineer; 2) pump hoist and crew performing additional tasks as required by the Owner or Engineer; 3) crew performing extra work as required by the Owner or Engineer. All extra work must be approved in advance in writing by the Owner or Engineer, documented on the Contractor's Daily Log, and verified by the Engineer at the end of each workday. 04346SMW.D1405_doc 02073 -1 . r. 10D E. Contract Times Adherence to the Contract Times is essential to the success of the project. The Contractor shall achieve Substantial Completion of the project within 180 calendar days of issuance of the Notice -to- Proceed and Final Completion within 200 calendar days of Notice -to- Proceed. Liquidated Damages may be assessed in accordance with the Project Manual for failure to complete the Work within the Contract Times. The Contractor may use more than one drilling rig on portions, or all of the project. The actual number of rigs and crews planned for use during each phase of the project shall be clearly identified in the Project Schedule submitted by the Contractor. The Contractor shall provide at least ten days advance written notice to the Engineer prior to adding to the number of drill rigs operating in excess of those identified in the schedule. 04346SMW.D1405.d0C END OF SECTION 02073 -2 lOD SECTION 02474 REPORTS AND OTHER RECORDS A. Contractor's Daily Log The Contractor shall maintain a detailed log of his operations on the drilling rig. One copy of the most recent log shall be submitted to the Engineer at the end of each workday, or if the Engineer is not present, on the first succeeding day that his representative is on site. Each log shall be signed by an authorized representative of the Contractor and the Engineer. The daily log shall include, but not be limited to, the following information: 1. A listing of all pay items including any authorized extra work or standby time completed by the Contractor during the day. 2. The reference point for all depth measurements. 3. The depth at which formation changes occur. 4. Identification of the material of which each stratum is composed. 5. The depth interval from which each formation sample is taken. __. 6. The depth interval from which each water sample is taken. 7. The bit size and depth at which hole diameters change. 8. The depth and interval of each cavity or lost circulation zone encountered during drilling. 9. Records of drilling fluid viscosity and density prior to casing installation and casing grout density measurements made in accordance with the Specifications. 10. Other pertinent data requested by the Engineer or Owner. B. Well Completion Report Upon completion of each well, the Contractor shall submit to the Engineer a report and record drawings that include the following information: _ 1. The total depth of the borehole and the length of casing installed in each well. 2. The nominal hole diameters. 04346SMW.D4405.doc 02074 -1 10D 3. The depth or location of any lost drilling fluid, drilling materials, or tools. 4. The type and amount of drilling fluid additives used. 5. The depth and diameter of any surface casing. 6. The amount, type, and weight of cement used for all casing strings. Any cement additives used must be identified. 7. A complete description (including length, diameter, depth) of the well casing. 8. A summary of any drilling problems or remedial work performed. C. Surveying The Contractor will be given a survey plan and legal description showing the location of each well to be constructed, boundaries of the permanent and temporary well easements, and the final completion elevation for the companion flange to be installed atop each production casing string. The Contractor shall be responsible for establishing the boundaries (by staking and surveying in the field) of the easements and well sites using a Florida Registered Professional Surveyor. The Florida Registered Professional Surveyor retained by the Contractor shall also establish temporary bench marks for well elevation control. Wells must be completed at the location and elevation specified to be compatible with other surface facilities. Cost for initial surveying shall be included in the lump -sum item for Mobilization listed in the Bid Schedule. The Contractor shall also provide a final well survey prepared by a Florida Registered Professional Surveyor for each well constructed. The survey shall show the exact elevation of each well and location in State Planar Coordinates. The measuring point for the elevation survey shall be the top of the FRP companion flange (north side) on top of each test production well casing relative to N.G.V.D datum 29. Fourteen copies of the final survey shall be provided to the Engineer. The cost for final surveying shall be included in the lump -sum pay item for Demobilization listed in the Bid Schedule. D. Photographic Record The Contractor shall prepare a photographic record of both pre - construction and post - construction conditions at the work sites. This shall include, but not be-limited to, surface improvements such as sidewalks and adjacent roadways, drainage structures, landscaping, completed work elements, and damage to any of these or other existing features. Two sets of labeled photographs shall be submitted to the Engineer prior to project closeout. END OF SECTION 04346SM W .D1405.doc 02074 -2 .•r SECTION 02075 MATERIAL, EQUIPMENT AND WORKMANSHIP A. General 10-0 The Contractor shall be responsible for all labor, materials, transportation, tools, supplies, equipment, and appurtenances necessary to complete the Work in accordance with the Specifications and Drawings. All materials utilized shall be approved for use in potable water systems and shall be in general accordance with the American Water Well Association for Deep Wells (AWWA A100 -97, or latest revisions) and the National Water Well Association Standards as they apply to the particular needs or conditions encountered in the Work. B. Certification of Chemicals All chemicals used that will come into contact with the drinking water supply shall conform with ANSI /NSF Standard 60 -1998, or latest revision. C. Remedial Work If remedial work proves to be necessary to make a well acceptable and come within applicable regulations and /or the Specifications because of mechanical problems, loss of tools in the hole, defective material, or for any other cause, the Contractor shall propose a method of correcting the problem, in writing. Suggested methods shall be reviewed by the Engineer before remedial work proceeds. Such work shall be performed at no additional cost to the Owner and shall not extend the length of the Contract Times. The Contractor is notified that all Specifications shall be met, including hole straightness and setting of casings to the points designated by the Engineer. D. Abandonment of Well(s) by Contractor Any hole in which the Contractor voluntarily stops work and/or fails to complete in a satisfactory manner in accordance with applicable regulations and /or the Specifications (including approved changes), shall be considered as abandoned by him. If the Engineer declares the hole abandoned by the Contractor, no payment shall be made for the abandoned hole. All abandoned holes shall be properly plugged and sealed by the Contractor at his own expense in accordance with federal, state, and local regulations. These holes shall be replaced by the Contractor at no cost to the Owner. The Contractor shall submit his plan of action for abandonment and plugging in writing to the Engineer for review. Casing strings may be removed only with the permission and approval of the Engineer. 04346SMW.D1405.doc 02075 -1 10D I-- E. Guarantee The Contractor guarantees that work and services to be performed under the Contract and all workmanship, materials, and equipment performed, furnished, used, or installed shall be free from defects and flaws, and shall be performed and furnished in strict accordance with the Specifications and Drawings; that the strength of all parts of all manufactured equipment shall be adequate and as specified; and that performance test requirements of the Specifications shall be fulfilled. The Contractor shall repair, correct, or replace all damage to the Work resulting from failures covered by the guarantee. The guarantee shall remain in effect for one year from the date of final acceptance by the Owner. 04346SMW.D1405.doc END OF SECTION 02075-2 SECTION 02076 PROTECTION OF PROPERTY RIGHTS A. General -- 1. The Contractor shall take special precautions to reduce to a minimum the nuisance and damage to property. Any damage to public or private property shall be immediately repaired or paid for by the Contractor at no expense to the Owner. 2. Equipment, tools, and materials shall be located in places where they will produce a minimum of nuisance. 3. Appropriate construction area warning signs required by applicable rules and ordinances shall be posted at each work site. 4. The Contractor shall remove all drilling fluids from any mud pits, fill the pits with clean material, and grade the site at the completion of the Work. B. Public Nuisance 1. The Contractor shall not create a public nuisance including, but not limited to, encroachment on adjacent lands, flooding of adjacent lands, excessive noise, or odor. 2. The Contractor shall provide and maintain on site a hand -held decibel meter for recording noise levels. Sound levels shall not exceed 60 dBA from 7:00 A.M. to 7:00 P.M., unless further restricted by local code. This sound level shall be measured at a distance of 400 feet, or at the exterior wall of the nearest residence, whichever is nearest to the drill site. Levels at the drilling equipment shall not exceed 85 dBA at any time. Sound levels in excess of these values are sufficient cause to have the work halted until equipment can be quieted to these levels. 3. No extra charge or extension of the Contract Times shall be approved for time lost due to work stoppage resulting from the creation of a public nuisance. 04346SMW .D 1405.doc END OF SECTION 02076 -1 SECTION 02078 WELL SPECIFICATIONS PART 1 -WELL CONSTRUCTION SEQUENCE The following drilling sequence is included to provide the Contractor with the basic elements of the anticipated well construction and testing program. Additional information concerning specific requirements for each phase of the project are found in other parts of the Specifications and Drawings. The Contractor should become thoroughly familiar with all aspects of the Work in preparing the Bid. Well construction details are shown on Sheets 3 and 4 of the Drawings. The well casing and open -hole depths listed in the construction sequence and shown on the Drawings are approximate. Actual depths will vary depending on the specific subsurface conditions encountered during well construction. The Contractor should also be aware that the construction and testing sequence may be changed in order of occurrence, added to, or deleted at the discretion of the Owner and Engineer. R.O. Test Production Wells $ Mobilize equipment and prepare site for drilling. Install surface casing to depth selected by the Contractor that will allow the production casing string to be installed and grouted in place with a minimum annular space. of 2 inches around the entire borehole. $ Drill nominal 8 -inch diameter pilot hole to ±325 feet bls by the mud -rotary method. $ Condition borehole. Run caliper, natural gamma, and dual- induction logs in three wells (RO -22s, RO -28s, RO -32s). $ Ream pilot hole from surface to ±325 feet bls to nominal 24 -inch diameter. $ Condition borehole and run caliper and natural gamma logs in all seven wells. $ Install production casing string consisting of 0.375 -inch wall Burgess EON FRP with 24 -inch corrugations, or equivalent to ±325 feet bls. The internal diameter of the casing shall be 16.0 inches. $ Grout casing string in hole. Grouting shall be undertaken in stages. The first stage shall utilize the pressure grouting method. Subsequent stages shall be performed using a collarless tremie pipe. The Contractor shall take appropriate measures to avoid exceeding the allowable collapse and burst pressures of the casing during installation and cementation. $ Run casing plumbness and alignment test. 04346SMW.D1405.doc 02078 -1 10D $ Clear casing of drilling mud and drill -out cement plug using clear water circulation. Contractor shall ensure that adequate potable water or other approved water supply _ is introduced to the well until sufficient formation circulation has been established to avoid exceeding the hydraulic collapse pressure of the casing. $ Drill 14 -inch diameter or larger open hole to ±460 feet bls by the reverse -air method. Collect representative formation water samples and borehole specific capacity data every drill rod. $ Develop well by reverse -air circulation for approximately four hours $ Run caliper and natural gamma logs in all seven wells. Also run dual - induction, temperature, fluid resistivity, and fluid flow logs in three wells (RO -22s, RO -28s, RO- 32s). The wells shall be maintained under constant rate pumping conditions while the fluid resistivity, temperature, and flow logs are run. $ Develop well by high rate pumping and surging for approximately eight hours. $ Conduct step drawdown test. $ Disinfect well. $ Install wellhead equipment. $ Demobilize rig and restore site to pre - construction conditions. PART 2 - MOBILIZATION AND DEMOBILIZATION A. Mobilization The fee for mobilization listed in the Bid Schedule shall compensate the Contractor in full for meeting the Owner's bonding, insurance and other general requirements contained in the Bid Package; site preparation; the initial site survey; crew and equipment mobilization, and installation of the surface casing for each well. The Contractor shall set -up equipment necessary to achieve the quality of workmanship required by these Specifications and to complete the Work on schedule. Site Preparation 1. The Contractor shall be responsible for tree grubbing, clearing, and grading within the well construction work and staging areas. 2. The Contractor shall submit a site preparation plan for review by the Engineer prior to commencing work. Within the limits of the work areas, the Contractor shall clear grub trees (as directed), stumps, down timber, brush, 04346SMW.D1405.doc 02078-2 96 and other objects standing on or protruding from the ground. All roots shall be grubbed and removed to a minimum of 18- inches below the surface of the ground. Holes caused by grubbing operations shall be filled to natural grade elevations. 3. Vegetative material and other debris from clearing and grubbing operations must be removed from the site and disposed at an appropriate location. 4. Land surfaces shall be filled and graded such that runoff is directed away from the well sites. 5. The Contractor shall be responsible for maintaining all- weather temporary access to the wells and construction staging areas. B. Demobilization The fee for demobilization listed in the Bid Schedule shall compensate the Contractor in full for meeting the Owner's project closeout requirements; equipment demobilization; site cleanup and repair of any damage caused; and the final site survey. At the completion of the Work, the Contractor shall remove all excess materials and equipment and leave the sites in a condition acceptable to the Owner. Work areas shall be restored to original contours. Drilling areas shall be clean and free of debris, holes, and /or piles of dirt, brush or other natural and synthetic materials. All drilling fluids and drill cuttings shall be removed from the work sites. All improved areas disturbed by construction shall be restored to a condition at least equal to the preconstruction condition including, but not limited to, all driveways, roads, fences, and other improvements. PART 3 - CONDITIONS AND HAZARDS A. General Information regarding subsurface conditions and potential drilling hazards is intended to assist the Contractor in preparing the Bid. The Engineer and Owner do not guarantee its accuracy or that it is necessarily indicative of conditions to be encountered in drilling the wells. The Contractor shall satisfy himself regarding all local conditions affecting the Work by personal investigation and neither the information on local geology, nor that derived from maps or plans provided by the Engineer, shall act to relieve the Contractor of any responsibility hereunder, or from fulfilling any and all of the terms and requirements of the Specifications and Drawings. 04346SMW.D1405.doc 02078 -3 10D _­- The Contractor should be aware of possible difficult drilling conditions and problems that may be encountered during the construction and testing of the wells. Typical examples include, but are not limited to, lost circulation zones, pressurized zones, and potential intervals of swelling clay and caving sand. The production casings shall seal off all formations encountered along their entire length and the open holes when completed shall be free of obstructions. The drilling of straight, gauge holes and setting of all casings in a vertical orientation to the depth specified by the Engineer is a priority requirement. Hole straightness, which will permit casings to be set at specified depths and facilitate achievement of proper cement seals, shall not be sacrificed for drilling speed. These and other pertinent factors shall be taken into consideration by the Contractor in planning and executing the Work. B. Anticipated Geology and Potential Hazards It is anticipated that the boreholes will encounter mainly limestone of variable induration and porosity to a depth of approximately 175 feet bis. Lost circulation zones are reported within this interval. Quartz sand is a common accessory component of the limestone below a depth of about 100 feet, as are beds of sandstone and sometimes - unconsolidated sand. The interval between about 20 and 40 feet bis typically consists of marl or marly limestone. The sediments between 175 and 300 feet bls are expected to consist mainly of clay and marl, with interbeds of limestone that occur within the Peace River Formation of the Hawthorn Group. Hawthorn aquifer zone I, which is the target interval for water supply, consists mainly of limestone of variable induration and porosity. The top of the production zone occurs at a depth of approximately 300 feet and the base of the unit extends to about 450 feet bls. Interbeds of clay, marl, and some quartz sand are generally present in this aquifer. C. Hydrologic Considerations Regional hydrogeologic data indicate that static potentiometric heads in Hawthorn aquifer zone I are more than 20 feet above land surface in the project area. Flowing conditions may also be encountered at shallower depth where thin, but productive limestone strata occur within the Peace River Formation. It shall be the Contractor's responsibility to control flow during all stages of well construction, development and testing. PART 4 - DATA ACQUISITION A. Formation Samples One set of representative formation samples (drill cuttings) shall be collected at 5 -foot intervals and at every formation change during the construction of each well. Samples shall be bagged at intervals of 10 feet, except where lithologic changes occur and bagging at more discrete intervals is requested by the Engineer. Samples shall be of sufficient 04346SMW.D 1405.doc 1 1 volume such that they can later be divided by the Engineer into three sets (Engineer, - SFWMD, and FGS). They shall be preserved in cloth sample sacks furnished by the _ Contractor and plainly marked with the project name, well identification number, and depth below land surface from which they were collected. The Contractor shall collect the - samples, provide suitable facilities for storage while they remain on site, and deliver them in good condition to the Engineer. B. Reverse -Air Circulation Water Sampling 1 Prior to every rod change during all reverse -air drilling operations (maximum interval 30. feet), the Contractor shall collect a clear water sample from the drill stem discharge after cuttings have been flushed from the well. Samples will be analyzed in the field by the Engineer for specific conductance, temperature, and chloride ion concentrations. C. Geophysical Logging The following borehole geophysical logs shall be performed by the Contractor at the well construction stages identified below: For Three R.O. Test Production Wells The following geophysical logs shall be run in the 8 -inch diameter borehole of three wells (RO -22s, RO -28s, RO -32s) after it has been advanced to a depth of ±325 feet bls: Caliper Natural Gamma Dual- induction For All Seven R.O Test Production Wells The following geophysical logs shall be run in the reamed hole of all seven wells prior to production casing installation: Caliper Natural Gamma For All Seven R.O Test Production Wells The following geophysical logs shall be run in the 14 -inch diameter open hole of all seven wells after it has been advanced to completion depth: Caliper Natural Gamma 04346SMW .D 1405.doc 02078 -5 �•r 10D - For Three R.O. Test Production Wells The following geophysical logs shall also be nun in the 14 -inch diameter open hole of three wells (RO -22s, RO -28s, and RO -32s) after it has been advanced to completion depth- Dual-induction Fluid Flow Fluid Resistivity Fluid Temperature Borehole geophysical logging shall be performed by qualified personnel. The name and qualifications of the Subcontractor or in -house personnel that will perform the logging shall be submitted by the Contractor with the Bid. The borehole shall prepared and conditioned prior to logging to ensure that it is open and can be logged with a minimum of delay. Caliper and natural gamma logs shall be run through the entire open borehole and casing. Tool runs for the other logs shall cover the entire open borehole and lower 75 feet of casing. Caliper logs shall be performed with a four -arm (x -y) tool. Flow velocity, fluid resistivity, and temperature logs shall be performed under dynamic conditions. The Contractor shall furnish and install a pumping system capable of maintaining a constant withdrawal rate of at least 500 gpm from each well. Discharge rates shall be measured using an approved metering device (calibrated flow meter or orifice plate) furnished by the Contractor. Dynamic flow logs shall be recorded down hole after static runs have been completed with the well shut -in to establish rotor counts due to tool motion. Recorded static counts shall be displayed on the same track as the dynamic flow log, with the counts attributed solely to well flow clearly distinguished. A separate tool run shall be performed in which flow velocity is recorded at up to 10 fixed stations in the well selected by the Engineer. For each dynamic flow log, the Contractor shall provide a separate record that displays the percent fluid flow versus tool depth, calculated from the calibrated flow log results and the cross - sectional area of the borehole, as indicated from the caliper log. The Engineer shall be provided with 14 hard copies of each log and one electronic copy of each log in Log ASCII Style (LAS) format. At least one copy of each field log shall be provided to the Engineer on the same day it is run. D. Borehole Specific Capacity Tests During all reverse -air drilling operations, the Contractor shall conduct a short specific capacity test prior to each rod change (maximum interval 30 -feet) as the borehole is advanced in depth. The data collected and recorded shall consist of the static water level in the well, the pumping water level during reverse -air or open discharge at each rod -. connection, and the corresponding discharge rate. 04346SMW.D1405.doc 02078 -6 10 as The Contractor shall record the static water level in the well at the beginning of each drilling day, after each break in circulation lasting more than one hour, and at the end of the day. . Additional measurement of the static water level may be requested by the Engineer if there is evidence that it has changed during the course of the day. The wellhead shall be equipped with a pressure gauge (0 to 25 psi range) or manometer tube to measure wellhead pressure when the water level is above the top of casing, and a threaded tap or other accessible port to measure the depth to water when the level falls below the wellhead. The Contractor shall also furnish an electronic wafer level indicatorto assist in making these measurements. The Contractor shall use a method of accurately measuring the discharge rate from the well approved by the Engineer during each borehole specific capacity test. In the case of reverse -air discharge, the rate shall be measured by timing the interval required to fill a tank with a storage capacity equal to the amount of water normally discharged during a one to two minute time period. Open discharges can be measured using the same type of storage tank, an orifice plate, or a calibrated flow meter. Alternative discharge measurement options may be proposed by the Contractor subject to Engineer approval. Water level and discharge measurements shall be recorded in the Contractor's Daily Log. E. Step Drawdown Test A step drawdown test of 4 -hour duration shall be performed on each of the completed R.O. test production wells. The tests shall be conducted in four steps with the pumping rate increasing at each step, as directed by the Engineer. The Contractor shall furnish, install, and remove all equipment necessary to conduct the tests, including but not limited to, a vertical turbine or submersible pump, generator or other electrical supply to operate the pump, and a discharge system to convey the water to the approved discharge point. The test pump and discharge system shall be capable of constant rate withdrawals within the range of 150 to 750 gpm, under conditions in which the water level in the well declines to as much as 120 feet bls. The pump intake for each test shall be set at a depth of at least 140 feet bls. If the same pump for the step drawdown test is also used for final well development, as is anticipated, the time between completing development and initiating the step drawdown test must be sufficient to allow the water level in the well to return to static conditions, at determined by the Engineer. The wellhead shall be equipped with a calibrated pressure gauge (0 to 25 psi range) or manometer tube to monitor initial wellhead pressure and a threaded tap or other accessible port to measure depth to water when the level falls below the wellhead. The Contractor shall furnish an electronic water level indicator that can be used to accurately measure water levels. -r. 04346SMW.D1405.doc 02078-7 The Contractor shall also furnish and install a discharge system to convey water to an approved discharge point, located no more than 400 feet from the well site. The discharge pipe shall be equipped with a gate value to adjust flow, a calibrated flow meter and an orifice plate to accurately measure the pump discharge, and a sample tap in an easily accessible location. Clear access to the wellhead in order to measure water levels is essential. Water quality testing shall be conducted during the tests in accordance with Section F of this Part. F. Water Quality Testing The Engineer shall collect water samples for field and laboratory analyses at the well construction stages specified in this section. The Contractor shall not be responsible for sample shipping or analytical costs, but shall assist the Engineer in obtaining samples by providing accessible sample taps on the discharge system, and where drilling is involved, by flushing the well of cuttings and other suspended solids so that representative samples can be collected. 1. Water samples from all wells shall be collected prior to each drill rod connection (maximum interval 30 feet) during reverse -air drilling for field analysis of chloride, specific conductance, and temperature. 2. Water samples from all wells shall be collected during each step of the step drawdown test for field analysis of chloride and specific conductance and - laboratory analysis of chloride and TDS. 3. One set of water samples shall be collected from each of the R.O. test production wells during the step drawdown test for analysis of F.A.C. 62 -550 primary and secondary drinking water standard parameters plus alkalinity (bicarbonate and total), hardness (carbonate, and total), total sulfide, pH, and temperature. Field measurements of specific conductance, pH, and temperature shall also be performed. PART 5 - DRILLING REQUIREMENTS A. Equipment Requirements 1. Only equipment in top working condition shall be provided. The Owner and Engineer shall reserve the right to inspect the equipment of bidding contractors to assure qualifications. The Contractor shall use his own drilling equipment having the capabilities necessary to do the described work. Any unnecessary delays orwork stoppages due to equipment failure shall not be considered a valid reason for extending the Contract Times. The Contractor shall be held responsible and payment may be withheld for damages to a well due to any cause of negligence, faulty operation, or equipment failure. 04346SMW _D 1405.doc 103_ 1 100 - 2. The Contractor shall furnish and operate equipment capable of handling the largest load that will be placed upon the rigs' drilling and supporting - equipment. If conditions develop in the field that prove the rig and supporting equipment supplied by the Contractor are incapable of completing a well, the Contractor will be required, at his own expense, to provide a larger rig with the necessary capacity. B. Water Supply Only potable water shall be used for makeup of drilling fluid and grout preparation, unless an alternative water source is approved in advance by the Engineer. The Owner shall make the closest source of potable water available to the Contractor for use on the project. Potable water will be available from a metered source at the SCRWTP, located at 3851 Utilities Drive. If a closer water source is required, the Contractor will need to rent a temporary water meter and provide a backflow prevention device to place on the nearest fire hydrant. There is a $1,000.00 deposit for temporary meters placed outside of the SCRWTP property. It shall be the Contractor's responsibility to coordinate water use arrangements with the Owner, provide a means of delivering it to the work sites, and if requested by the Owner, to meter all water used. Shallow groundwater or surface water that has been disinfected prior to use will be considered as an alternative water source, when it is not practical to deliver potable water to a well site. Use of alternative makeup water sources is subject to local code. C. Drilling Methods Surface casing shall be installed by the mud -rotary method. Pilot hole drilling and reaming shall be conducted by either the mud -rotary or the reverse -air circulation method, as specified in Part 1 of this Section. The reverse -air method shall be used for all open hole drilling, except in limited cases where formation yields are inadequate and an external source of potable water is required to circulate cuttings. Clear water circulation shall be used to purge casings of drilling mud and drill -out cement plugs following casing installation. The Contractor shall ensure that an adequate source of potable water or other external water supply approved by the Engineer is introduced into the well until sufficient formation circulation has been established in order to avoid exceeding the hydraulic collapse pressure of the casing. It is currently anticipated that the reverse air system will involve an open discharge of water. In the event that this is not feasible at any of the well sites due to potential impacts or other reasons, the Contractor may be directed to utilize a closed -loop discharge system in which water is recirculated back down hole. The Contractor shall not receive extra payment if closed -loop water circulation proves necessary. 04346SMW.D1405.doc 02078 -9 1 O - 11, During reaming operations, the Contractor shall incorporate the use of a lead bit and a - staged drilling assembly to facilitate pilot hole tracking. The lead bit shall be positioned no . further than three feet ahead of the reamer when drilling boreholes for production casing installation. Drilling mud shall be conditioned using a shale shaker and desanders, or other - approved equipment before being recirculated into the borehole. D. Drilling Fluid Make -up and Fluid Disposal Fluid for mud -rotary circulation shall be a mixture of potable water and high -grade bentonite unless other types of drilling fluid or fluid additives have been approved in advance by the Engineer. All drilling additives must be approved for use in public supply wells by NSF. Proper makeup and conditioning of drilling mud should be applied to maintain a fluid density ranging from 8.6 to 9.0 Ibs /gallon under normal drilling conditions. Higher mud weights may be applied to suppress flow in pressurized zones. The borehole should be prepared for casing installation by continuing fluid circulation until cuttings have been completely removed and the drilling fluid is uniform. Excessive mud thickening should be corrected prior to casing installation. Care should be taken to prevent swabbing due to high mud viscosity or high gel strength when the drill string is tripped in or out of the hole. The Contractor shall provide a mud balance and weigh at least three samples of the conditioned drilling fluid during final circulation before installing production- casing strings. The Contractor shall also measure Marsh funnel viscosity, which should be below 40 seconds, when circulating drilling fluid prior to cementing. Sample weight, viscosity, and collection time shall be recorded in the Contractor's Daily Log. E. Lost Circulation Lost circulation conditions may be encountered while drilling with mud. The use of lost circulation materials shall be restricted to those materials approved by FDEP and NSF. F. Cuttings, Drilling Fluid, and Formation Water Disposal Drill cuttings and fluids from mud -rotary drilling shall be removed from the construction sites and disposed at an approved location. The Contractor shall furnish to the Engineer, prior to beginning construction, the name and location of the disposal site along with documentation that the site has been approved for use by the appropriate regulatory agencies. Fluids displaced from the borehole during cementing operations shall be considered excess drilling fluid and shall also be disposed in an approved manner. All disposal costs shall be included in the price of the well. Formation fluids from reverse -air drilling, well development, and well testing shall be treated to remove suspended solids and then discharged to an approved location. The current plan is to discharge these fluids to surface waters or by land application within 400 - feet of each well site. If land discharge is applied, the Contractor shall be responsible for 04346SMW.D1405.doc 02078 -10 10 - ensuring that the work sites are maintained in a reasonably dry condition so that work activities are not impaired and that adjacent properties are not adversely impacted. This . may require that earthen berms be constructed around some discharge points. G. Cementing Procedures Cementing shall be accomplished in stages by means of a collarless tremie pipe with the exception of the first stage cement, which shall be pressure grouted. Before each cementing stage, the Contractor shall tag the top of the cement emplaced in the previous stage with a collarless tremie pipe and recondition the mud to assure proper mud displacement by the cement. The Contractor shall calculate total cement requirements, determine the number of stages and the volume of grout introduced during each stage, and carefully monitor work progress. Maximum cement stages for the supply well production casing strings shall not exceed 200 feet without prior approval of the Engineer. The Contractor should exercise his own professional judgement in determining if cement stages of less than the maximum amounts listed above should be applied. When casing is being set and cemented in place, the Contractor shall take appropriate measures to avoid exceeding the allowable collapse and burst pressures of the casing, taking into account the heat of hydration produced during grout setup. Procedures for each stage of cementing shall be continuous. If loss of circulation or no return of fluid is encountered, the Engineer shall be notified immediately of what remedial measures are underway to re- establish circulation and complete the cementing program according to the Specifications. It may be necessary to plug back a portion of a borehole with cement. In such cases, cementing shall be done through a collarless tremie pipe positioned slightly above the bottom of the hole or top of the previous cement stage. A sufficient grout thickness shall be maintained above the discharge point to ensure that the grout mixture is not introduced directly into the water column in the well. The Contractor shall determine the volume of cement that shall be used in each grout stage and the number of stages required to backplug only the portion of the borehole specified by the Engineer. H. Well Plumbness and Alignment All boreholes shall be circular, straight and plumb. No doglegs or departures from a straight line shall be permitted which would interfere with or prevent casings or pumps from being set at their required depths or impede achievement of proper cement seals. The wellhead adaptor for each of the wells constructed shall be installed in a level position so that the well pump can be installed and operated without interference or damage. 04346SMW .D 1405.doc 02078 -11 100 no To confirm compliance with the Specifications, a hole straightness test shall be performed on the production casing string of each R.O. test production well constructed for the project. The test shall be conducted by using rigid tubing to lower a section of pipe 40 feet long to a depth of 150 feet bls. The outer diameter of the test pipe shall be not more than 1 -inch smaller than the inside diameter of that part of the casing or hole being tested. The lowered unit shall pass freely through the entire tested section. The Engineer may also direct the Contractor to perform a test of casing plumbness in accordance with AWWA A100 -97, or latest version, if there is reason to believe that a well does not meet the Specifications. Costs for all plumbness and straightness tests shall be included in the price for production casing installation listed in the Bid Schedule. The Contractor shall submit to the Engineer a remediation plan for the repair of any well that fails the plumbness or straightness standards. If the well cannot be repaired, the well shall be plugged in accordance with current state requirements and a new well constructed at the Contractor's own expense. I. Well Development The Contractor shall utilize a combination of reverse -air circulation and high volume pumping to develop the wells until the discharge water is free of sediment and turbidity to the satisfaction of the Engineer. The procedures used by the Contractor to develop the wells shall be as follows: 1. Initial development shall be by reverse -air circulation. This shall be implemented by tripping the drill bit in the well and varying the intake depth throughout the entire open -hole section while maintaining circulation. Prior to removing the drill string, the Contractor shall ensure that no cuttings or debris remain in the bottom of the borehole. 2. The Contractor shall complete well development by high rate pumping and surging. For this purpose, the Contractor shall furnish and install a pump capable of withdrawing at least 750 gpm from the wells underthe same head conditions specified in Part 4.E. The wells shall be repeatedly surged during this process. A calibrated flow meter or orifice plate shall be installed on the discharge pipe to measure the pumping rate. 3. While wells are being developing with the test pump, the Contractor shall furnish a centrifugal sand sampler, or other approved method of quantifying sand content in the part per million range, a calibrated turbidity meter, and a silt density index kit. The Contractor shall periodically sample the pump discharge for turbidity, sand content, and silt density index analysis to determine when adequate development has been achieved to the satisfaction of the Engineer. These results shall be recorded in the Contractor's Daily Log. 04346SMW.D1405.doc 02078 -12 10D J. Well Disinfection Disinfection Procedure The Contractor shall disinfect each of the wells in accordance with AWWA standards for Deep Wells (AWWA A100 -97, or latest version) soon after well construction and cleaning procedures have been completed. Where test pumping equipment is to be used, such equipment shall be installed prior to or during a follow up disinfection of the well and all equipment shall be thoroughly cleaned and disinfected in accordance with AWWA A100- 97, prior to installation. The Contractor shall carry out adequate cleaning procedures immediately preceding disinfection where evidence indicates that normal well construction and development have not adequately cleaned the well. All oil, grease, soil, and other materials, which could protect bacteria from disinfectants shall be removed from the well. Disinfection procedures shall ensure that the disinfecting agent is uniformly applied throughout the entire water depth of the well. The disinfecting agent shall be left in the well for a period of at least 24- hours. Any portion of the well casing above the water level shall be maintained in a damp condition with water containing the required concentration of disinfecting agent for a period of not less than 20 minutes. After a 24 -hour or longer contact period, the well is to be pumped to clear it of the disinfecting agent. The disposal point for the purged water shall be selected so as to avoid damage to aquatic life or vegetation. The Contractor shall take such additional measures as are necessary to render the water suitable for discharge. Disinfectants A chlorinating agent approved by applicable state and local regulatory agencies shall be used as the disinfectant. The disinfectant shall be delivered to the site of the work in original, closed containers bearing the original label indicating the percentage of available chlorine. During storage, disinfectants shall not be exposed to the atmosphere or to direct sunlight. Unless superseded by governmental regulation, the quantity of chlorine compounds used for disinfection shall be sufficient to produce a minimum of 100 ppm and not more than 200 ppm residual chlorine in solution when mixed with the total volume of water in the well. Bacteriological Clearance Bacteriological clearance of the wells shall be performed by others as part of another contract, once the permanent well pump has been installed. The Contractor shall not be required to sample the wells or perform bacteriological analyses for well clearance purposes. K. Wellhead Security At all times during the progress of the Work, the Contractor shall use reasonable precautions to prevent either tampering with the well or the entrance of foreign material into 04346SMW.D1405.doc 02078 -13 .... 100 - it. When flowing conditions may be encountered, the well shall be sealed at the end of the workday to prevent flow from occurring. L. Well Flow Suppression - It shall be the Contractor's responsibility to control flow during all stages of well construction, development and testing. This shall be implemented using drilling mud only as a weight material to suppress flow during mud -rotary drilling and through the use of a blowout preventor or otherflow control devise during reverse -air drillin6 The use of salt or others brines as a weight material shall not be allowed without prior approval of the Engineer. The blowout preventor provided shall be a commercially available, single annular type, or approved equivalent. The wellhead shall be sealed at all times when no work is being conducted. The use of brine solution to suppress well flow may be required to install test pumping equipment or permanent wellhead equipment. The Engineer shall be notified in advance of any plan by the Contractor to introduce brine solution into the well. Following use, brine must be removed completely from the well. This shall be performed by purging the well until specific conductance levels in the discharge water are consistently maintained at background values. Such a demonstration shall be required before any borehole geophysical logging is conducted. All costs associated with brine use shall be included in the price of the well. The brine plug must be contained by the Contractor for off -site disposal. The Contractor should assume in the Bid that brine can be disposed by deep well injection at the SCRWTP, or another County facility. The Contractor shall be responsible for delivering the fluid to the disposal site. PART 6 - MATERIAL SPECIFICATIONS A. General The minimum standards described in the following Specifications shall apply to all well construction activities. B. Surface Casing The material and length of surface casing shall be determined by the Contractor, subject to approval by the Engineer. For the purpose of determining minimum "pipe clearances, it is assumed in the Specifications and Drawings that surface casing will be constructed of 0.250 -inch wall steel pipe. Regardless of the material used, the inside diameter of the surface casing shall be sufficient to accommodate a drill bit that will provide a minimum annulus of two inches between the production casing collars and the reamed borehole. Surface casing specifications shall be provided in the Shop Drawing submittals. Costsfor 04346SMW.D1405.doc 02078 -14 .06 100 surface casing installation shall be included in the lump sum price for Mobilization listed in the Bid Schedule. Test wells constructed along the new wellfield alignment have between 20 and 40 feet of - surface casing installed. It is assumed in estimating unit quantities for well components that are keyed to surface casing depth in the Bid Schedule (pilot hole drilling and reaming for the production casing strings) that the new test production wells will be constructed with 30 feet of surface casing. Actual payment for these items shall be made in accordance with the procedures specified in Section 02079. C. Production Casing Production casing strings for the R.O. supply wells shall be constructed of new, unused 16.00 -inch internal diameter, 0.375 -inch wall Burgess EON fiberglass reinforced plastic with outside fiberglass corrugations spaced on 24 inch centers, or approved equivalent. The casing material must be tested and certified to meet ANSI/NSF Standard 61. A representative of the casing manufacturer shall be present on -site to observe and provide advice during the first production casing installed. Pipe joints shall be connected following the manufacturers recommended practices so that the casing strings can withstand the tensile load experienced during installation. The equipment and procedures used to secure the casing during installation and to connect pipe joints together shall be performed in a manner that avoids damage to the casing. Burgess currently recommends that the bottom two joints of pipe be secured with stainless steel screws to help prevent the couplings from unthreading. If screws are used as fasteners, they shall be installed in a manner that will prevent them from penetrating though the internal surface of the pipe. Pipe threads shall be made up with teflon tape and teflon pipe compound per the manufacturer's requirements. Casing specifications, including material weight and size, rated working and resistance to hydraulic collapse pressure, tensile strength, and pipe connection plans shall be provided with the Shop Drawing submittals. Any substitute casing materials planned for use must be identified at that time. D. Centralizers Casing for all wells shall be fitted with hinged centralizers (Halliburton Model S-4, or equivalent) meeting API Specification 10D. They shall be placed at 0, 90,180, and 270 degrees around the casing at each position. Centralizers shall be fastened to the casing using clamps or screws provided by the manufacturer and shall not penetrate the casing material. Centralizers shall be placed directly below casing joints as follows: Surface Casing -. 1. One set at 5 feet above the bottom end of the casing 04346SMW.D1405.doc 02078 -15 �•r 100 2. One set within 5 feet of land surface Production and Intermediate Casinq Strings 1. One set 5 feet above the base of the casing. 2. One set 20 feet above the base of the casing. 3. One set at 40 feet intervals above the centralizer placed 20 feet above the base of the casing. 1 4. One set 20 feet below land surface. The vanes on all centralizers shall be in a precise vertical alignment, one above the other, to allow for the placement of a tremie pipe in the annulus and have sufficient size and strength to keep the casing centered in the borehole. The cost for centralizers shall be included in the unit price for casing installation listed in the Bid Schedule. E. Cement Sulfate- resistant cement only shall be used for cementing of casings and hole plugging. The lower 100 feet of casing grout shall be ASTM Type I I (API Class B) cement mixed with no more than 5.2 gallons of water per sack of cement. Additional casing grout shall be ASTM C150 Type II cement mixed with up to 6% bentonite (if allowed by local code) and no more than 9 gallons of water per sack of cement. No more mix water than that specified in the Halliburton Cementing Tables shall be utilized. The Contractor shall provide a mud balance and weigh at least three samples of grout collected at widely spaced intervals during each stage of production casing cementation. Sample weight and collection time shall be recorded in the Contractor's Daily Log. Grout weights should be consistent with those reported in the Halliburton Cementing Tables (15.6 Ibs /gal for neat cement, 13.5 Ibs /gal for 6% bentonite slurry). Cement additives such as Flocele or Gilsonite may be used to regain lost- circulation, if approved in advance by the Engineer. Organic polymers, peanut shells, and cottonseed hulls shall not be used as lost circulation materials. All grout mixtures shall be approved by the Engineer in advance of placement. The unit cost for grout shall include cement and all additives and lost circulation materials PART 7 - WELL COMPLETION The Contractor shall furnish all labor, materials, and equipment required to complete the test production wells and monitor wells in accordance with the Specifications and Drawings. A. Materials 04346SMW.D1405.doc 02078 -16 1. Bolts and nuts for flanges shall be Type 316 stainless steel conforming to ASTM A 193, Grade 138M, for bolts and ASTM A 194, Grade 8M, for nuts. Provide washer for each unit. Washers shall be of the same material as the nuts. Lubricant for stainless steel bolts and nuts shall be chloride free TRX- Synlube by Ramco, Anti -Seize by Ramco, Husk -It Huske Lube O'Seal, or equal. 2. Gaskets for flanges shall be full face, 1/8 -inch thick, cloth- inserted rubber, with a Shore "A" hardness of 75 to 85 and conforming —lo ASTM D 1330, Grade I or ll. Gaskets shall be suitable for a pressure of 200 psi at_a temperature of 180 °F. 3. Polyvinyl chloride (PVC) pipe and fittings for surface completions specified herein shall be constructed of Schedule 80 conforming to ASTM F -480, latest version. Solvent - welded joints shall conform to ASTM D -2855, latest version. B. R.O. Test Production Well Completion The wellhead assembly for the R.O. test production wells is shown on Sheet 4 of the Drawings. A 16 -inch diameter FRP companion flange with a Class 150 bolt pattern supplied by the casing manufacturer shall be threaded and solvent - welded to the top of the production casing string following procedures recommended by the vendor. The companion flange shall be secured with a 16 -inch diameter Schedule 80 PVC flange furnished with a 3 -inch diameter Schedule 80 PVC nipple and gate valve. This assembly shall be terminated with a 316L stainless steel quick connect fitting and stainless steel end cap. The top of the FRP companion flange shall be completed at the precise elevation specified by the Engineer (refer to Note 1 and Schedule, Sheet 4 of Drawings). It is currently anticipated that the final elevations will range between 3.4 and 4.8 feet below existing grade. If dewatering is required to install flanges and other wellhead components, costs shall be included in the lump sum price listed in the Bid Schedule for wellhead and vault installation. No additional payment shall be made for dewatering or excavation of soil or rock in order to complete the wells as designed. The Contractor shall furnish and install a 4'x4'x5' H -20 rated diamond steel vault over each well. Vault details are shown on Sheet 4 of the Drawings. 04346SMW.D1405.doc END OF SECTION 02078 -17 10D "w SECTION 02079 CONTRACT PAY ITEMS 1.0 FINAL MEASUREMENT A. The Contractor shall make all measurements and check all dimensions necessary for the proper construction of the Work called for in the Drawings and Specifications, and during the execution of the Work shall make all necessary measurements to prevent misfitting in said Work, and shall record such accurate measurements of the construction as provided for herein and as to be submitted to the Engineer. B. The method of measurement for payment of the various items shall be as indicated below. In any event, the unit or lump sum price for the respective items shall include the installation complete in all details and ready for use. 2.0 PAY ITEMS A. The unit prices listed in the Bid Schedule to be paid for the respective items shall constitute payment in Full for the completion of all work, including the furnishing of all material, labor, permit fees, and equipment required to complete the project. Payment will be made under each item only for work, as it is not specifically included under other items. B. The pay items for the wells and the method that will be used to determine quantities for the payment of each pay item is as follows: MOBILIZATION This item shall be paid at the lump sum price per well listed in the Bid Schedule. The said price shall include all labor, equipment, permits, and materials required to mobilize for the work and prepare the sites for drilling; project startup costs including, but not limited to, indemnification, insurance and any bonds required by the Owner; and surface casing installation, including any pilot hole drilled through the surface casing interval. The Contractor shall indicate in the Schedule of Values submitted with the Shop Drawings the proportion of the fee attributed to each of these tasks. It is assumed in estimating unit quantities for well elements that are keyed to surface case length (pilot hole drilling and reaming for production casing) that 30 feet of surface casing will be installed. No additional payment shall be made if the Contractor decides to construct the wells with longer surface casing strings. Payment associated with pilot hole drilling and reaming for production casing installation shall be paid in accordance with procedures specified later in this section. 04346SMW.D1405.doc 02079 -1 ion - PILOT HOLE DRILLING The actual length of pilot hole drilled, with the exception of that used for surface casing installation, shall be measured vertically from bottom of the surface casing to the bottom of the hole. Pilot hole shall be paid for at the unit price per foot listed in the Bid Schedule. PILOT HOLE REAMING The actual length of pilot hole reamed shall be measured vertically from the bottom of the surface casing to the bottom of the reamed hole and may or may not be equivalent to the pilot hole length. Pilot hole reaming shall be paid at the unit price per foot listed in the Bid Schedule. The said unit shall include the furnishing of all material, labor, and equipment necessary to complete the work. PRODUCTION CASING The actual length of production casing installed shall be measured from land surface to the bottom of the casing. It shall be paid at the unit price per foot listed in the Bid Schedule. The said unit shall include all labor and materials, including centralizers and any casing plumbness or alignment surveys performed. PRODUCTION CASING GROUT -� Grout in place for production casing strings shall be paid at the unit price per 94 -lb. sack of cement listed in the Bid Schedule. The said unit shall include all required labor and materials to complete the work, cost for any cement additives, and set up and removal of equipment for grout emplacement. OPEN HOLE DRILLING The actual length of open hole drilled shall be measured vertically from the bottom of production casing string to the bottom of the well. Open hole drilling shall be paid at the unit price per foot listed in the Bid Schedule. WELL DEVELOPMENT Well development, which will involve reverse -air and high volume pumping and surging, shall be paid at the unit price listed on the Bid Schedule, based on actual development time. No additional compensation shall be made for equipment mobilization and demobilization. GEOPHYSICAL LOGGING Geophysical logging shall be paid at the lump sum per logging suite price listed the Bid Schedule. The said unit shall include all labor and equipment required to pre - condition the 04346SM W .D1405.doc 02079 -2 .. -da 10 - borehole, control wellhead flow, pump the well if applicable, run the logs at the stages specified, and provide the Engineer with the required deliverables. STEP DRAWDOWN TESTS Costs for the step drawdown tests shall be paid at the unit price per hour listed in the Bid Schedule. The said unit shall include the furnishing of all material, labor and equipment required to perform the tests as specified, including test pump installation. The pay period shall begin with the onset of pumping and end when pumping is terminated. No additional compensation shall be made for equipment mobilization and demobilization. WELL DISINFECTION Costs for production well disinfection shall be paid at the lump sum per well price listed in the Bid Schedule. The said cost shall include fees for all labor, materials, and chemicals required to disinfect the wells in accordance with the Specifications. WELLHEAD AND VAULT INSTALLATION Costs for furnishing and installation of the wellhead equipment and well vault shall be paid on a lump sum per well basis at the unit cost listed in the Bid Schedule. DEMOBILIZATION After completion of well construction and testing, equipment shall be demobilized, each well site restored to its original contours, all drilling fluids removed, and the final survey performed. Costs for this item shall be paid on a lump sum per well basis at the price listed in the Bid Schedule EXTRA WORK BY DRILLING CREW WITH DRILLING EQUIPMENT Extra work authorized by the Owner or Engineer and performed by the drilling crew with drilling equipment will be paid for at the unit price listed on the Bid Schedule based on the amount of approved time used. EXTRA WORK BY CREW WITH PUMP HOIST Extra work authorized by the Owner or Engineer and performed by the drilling crew with pump hoist will be paid for at the unit price listed on the Bid Schedule based on the amount of approved time used. EXTRA WORK BY DRILLING CREW Extra work authorized by the Owner or Engineer and performed by the drilling crew will be paid for at the unit price listed on the Bid Schedule based on the amount of approved time used. 04346SM W .D1405.doc 02079 -3 lOD - STANDBY TIME WITH RIG AND DRILLING CREW ON SITE Standby time authorized by the Owner or Engineer and performed by the drilling crew and drilling equipment will be paid for at the unit price listed on the Bid Schedule based on the - amount of approved time used. -_ STANDBY TIME WITH RIG ON SITE AND CREW OFF SITE Standby time authorized by the Owner or Engineer and performed witl'i drilling equipment on site and the drilling crew off site will be paid for at the unit price listed on the Bid Schedule based on the amount of approved time used. 04346SMW.D1405.doc 02079 -4 -.6 EXHIBIT K PERMITS .•r TPA #1953633.91 GC- CA -K -1 10D - EXHIBIT L STANDARD DETAILS .No TPA #1953633.11 GC- CA -L -1 lOD - 10D - EXHIBIT M PLANS AND SPECIFICATIONS TPA #1953633.11 GC- CA -M -1 a z d z b � O o r o � z F H � A r z o H C Z o C' A o� 0 c x y w Wiz b y t=i � 1 -4 z� yZ N�z orb x�d ° �c a z zyr`� ►tirz� I "'3roe H � � tz n I C b ytTj�� c txj �Hao t=7�� `� rr z G� y d y ° C7 H MO N r� y� O � tv a z czyz 0 O z I CC w :oxa> a H tom! co �! z °z oeo tv�y tom=! Wbz z c� ro�o OZH pWx td i- a~ C �° zoo �0 CC) ��' o 0co►`�clz pyrnC >o z� C=] m m ii � td t� ~ y � y � b 0" y � r r� r � d � b y � � p �j � a O � H O O� � y r� O O� � O y c7io ►-3 y r O � r� � y y O d V 1 ilrrs� -C -C Cy17 tyrJ y b O o r y z x rzn W � 0 p � "3 a y 0 z tzj y 0-4 z° CrrJ O b d I wiz i > ! a z j r H �1 d � a C Z cn H � d y y O z r cn t7 a Crn w Wiz b y t=i � 1 -4 z� yZ N�z orb x�d ° �c a z zyr`� ►tirz� I "'3roe H � � tz n I C b ytTj�� c txj �Hao t=7�� `� rr z G� y d y ° C7 H MO N r� y� O � tv a z czyz 0 O z I CC w :oxa> a H tom! co �! z °z oeo tv�y tom=! Wbz z c� ro�o OZH pWx td i- a~ C �° zoo �0 CC) ��' o 0co►`�clz pyrnC >o z� C=] m m ii � td t� ~ y � y � b 0" y � r r� r � d � b y � � p �j � a O � H O O� � y r� O O� � O y c7io ►-3 y r O � r� � y y O d V 1 ilrrs� R (J1 1 'tod ?o M 1 ° °$ no z y M O - C� Z r o I w ° in I o I I i+i �r' ~ w ►-� t� w in - =o a�w m �_. 74 S V 0 cn W N (n (n A ? O F 00 P. s. V Qf z U) N !A to U! N (A vl C,7 C�J CrJ "3 a z � O e� d z c O cn z Z o r n N o J , a m Z r N 0 La A C] O O A ^� O ;u O O > 0 � N CR 951 o d ^ � z CY In z n 4 Q n r w z _0 2 A N m y z O m c oe z> U m O ! o y 4 , _I � 0� N � y � m m � � = o z �z 0 D N ON R R E 2 7- 04118."0 TEMPORARY WELL GREELEY AND HANSEN COLLIER CTY. PLIED R.O. TEST PRODUCTION WELL oRmuCflom CONTRACT /1 X.? tear J Resource ti]OlLIt1ons 4 ALT DETAIL 3 0 u u� STEEL REINFORCED 2 3000 PSI CONCRETE 4- .o, Q O0 ;o # 57 LIME ROCK S 26" O.D. SURFACE CASING (PER CONTRACTORS REQUIREMENTS) 10 1OO ' �. TYPE 11 NEAT CEMENT GROUT WITH UP TO 6% BENTONITE :. r iJw 16" I.D. 0.375" WALL FRP 200 WITH 24" CORRUGATION TYPE II NEAT CEMENT GROUT 300 0 CASING SEAT APPROX. 325' BLS w w x NOMINAL 14" DIA. OPEN HOLE H a w A 400 —T.D. APPROX. 460' BLS 500 SECTION VIEW R.O. TEST PRODUCTION WELL (TYPICAL) R E Y I s o 7- 04118."0 o1=J10 "1 GREELEY AND HANSEN COLLIER CTY. PLIED R.O. TEST PRODUCTION WELL oRmuCflom CONTRACT /1 X.? tear J Resource ti]OlLIt1ons TYPICAL R.O. TEST PRODUCTION �� CONSTRUCTION DITAM 3 RAW lay u u� _ IY s rqN �m �= ym -� — z <_A p0 C)— Om n m� o< r7l z �P ►-` Z N m Z D z Z O p G7 p Or=nZO -0H DD N A m p �; r-o mZ p.^ H .. :. =!c ^'Dr-z� H ; or (A rl 'Ty rm- =DNO OO Z Oval-, > d �cZC)Z ry m m N -4 O XmmOOZ C y # z z rn CrJ�1 O C? O C'- OmON� .rg y •s.... •. r� OzZ -4m qAi -n0 M N Z P-, t2i n rn rn m oa �, Zo 0 p ?* H oD m cm A mrn N m � Or m O mN z 7C Nm D> Z C O D O 0 N z m M 00 K O mm Z my ..i m N v �N H t�J H .ti ZQ 0 Q { I � cn I Tcf { :rn c[{ n 7 rr tC o d 0 a L4 Nw ao .... m z b O n .� C4 � r OZ2 — D - _ a�z< Z 10 x �i�v tri p N '03 *00 cn 0 m0}A Dom a0 V V V V d O 14 Z > C.;- W D. 23.5" 4 16.0" r o w z� "'d Jo o c: 7 O O Z C) =i-w - o Z D �x n 0 m z MM Pin _0 Q�x r O 0 CO O p c -s= m O1, °-f A < mno;o z n N N z O z - �— , v _ Carl C.% J LESM:Sl 1:1 07/25/05 09:41 GH -E o I ( I I I I I I I I I I I I I ( I I o .0`�0l� II IIL. am 0� .� 9 i� t � if i I i � V) r m 16-2 T z o o z 76 -3 Ul m � o II II G m" +i � I i I I I I I I I I I I I I I I I � I , Fes. I FCbs�.,•� � wJ'';p , Zm --o + o � O N w N r rn �e I I I I II i 1 II I I � II t ( III I I �r R � e II II i II 4 s g 8 s Z � o o N r O rn � i OD ztz act l W � r o o 7.67• 14.3 900• I � 0 ' 0.00' 40.00' 100.00 SFWMD DRAINAGI WEAEW r- o T o z w W 110.00' 12.00' 16.00' 22.00' 10.00' 12.00• 80.00' 40.00' 16.00 20' 10000 SFWMD OWG FASEMNf 40.00' 100.00 SFWMD DRA; �9 , . � O -rn-I fTl �1 Z O _ N rn r D cry o 0 o I II F G G I� N OFF S• I, I 0io *i 9oS, �A'B G A C, • $ � 8 S rO V I l � � ,o� o•o���E � � � � I •o J • I , Fes. I FCbs�.,•� � wJ'';p , Zm --o + o � O N w N r rn �e I I I I II i 1 II I I � II t ( III I I �r R � e II II i II 4 s g 8 s Z � o o N r O rn � i OD ztz act l W � r o o 7.67• 14.3 900• I � 0 ' 0.00' 40.00' 100.00 SFWMD DRAINAGI WEAEW r- o T o z w W 110.00' 12.00' 16.00' 22.00' 10.00' 12.00• 80.00' 40.00' 16.00 20' 10000 SFWMD OWG FASEMNf 40.00' 100.00 SFWMD DRA; �9 , . � O -rn-I fTl �1 Z O _ N rn r D cry o 0 o I II F G G I� N OFF S• I, I 0io *i 9oS, �A'B G A C, • $ � 8 S rO V rO V 11 WElESM2 1:1 07/25/05 09:59 OH -E M r � Z O Z ' O PQ rn � Z O Z TJ O N mr- r � Z o z' O _W I I (7 O 1 i 36- I Ji E m I PIPEU EIS N I ° I ° F ,e � r m TI I r— I ° v I PI E TCE o 14.42' I to $ � P1P C I Io a N r I 9 XXJ ° iA ; X , ? A qa � O 10.00' 12.00 1 8.00' 22.00 60.00' 40.00' js 8 100.00 SFWMD DRAPWE EASEMENT r I I I rn � Z O Z TJ O N mr- r � Z o z' O _W IV (7 O 1 i 36- I Ji E m qJ PIPEU EIS N I F ,e TI ° I ° PI E TCE I 14.42' I m m 36_ � P1P C {�I F 66 I I o o (g I w js 8 r I I q I I � m 60AO' .40.00' 100.00 SFWMD DMWj EASEMENT I; ,A I I ° I I ° 1- r A I vF 1 �a 0 to ►� , N I L I 6.63' 15.17' ° 1 15.00' .22.00' 60.00' 40.00' J' J 100.00 SFWMD DRNNAO EASEMENT /J ( I I q4 <sg IV (7 O 1 i 36- r- E m PIPEU EIS N _ Z 3 TI P6'E NE m PI E TCE 14.42' m m 36_ P1P {�I F 66 I I o o (g I w js 8 r I I I 60AO' .40.00' 100.00 SFWMD DMWj EASEMENT I I ° I I ° IV O (7 O D r- m N _ Z O TI m m 0 O FILF- WEDCEY1 //25/05 14:54 CK -E i i,1�yfi ; I `( ^�l Q !TV j I V (A �. ' COLLIER BLVD (C. R. 951)_ It • r1', _ (_� Its I I� ro � V) ( o I • � L_- I z to ( I 0 m t r I A N I I a c mm co f I I z 1 I I s IpYys��, 1, I I c m x m I J\NI I I I I 1 I mOr -0r I I ,r 0 m I` `:I F, a I 21, - m Cn cn z I f� 3 I I I Pw s. via ;u "'I I f co 4 III f wi A N n a -� •: �7 T I ? ''� r-- f: I � , P I I' I I I , ��, � _ _ _ _ _I o I Cp p�G: � z� Q m , z pip m T 1 ^J ,a I n m I I ) Gt2 I �. i r c I rr, Ll m I; fi Q I I -tea I r I m I y � I I Q A N =n A"I ;-� �7 ' Z o m' J I N I x C U) m or a) m m 5 o M I I y cr u1 0 mQr c m -B I z �-ma r- V: I i m o�W �' r_ c�•►. i I —. sh I z� o m 4 v� b .1N v v, z m° 2 I All I 70 4 ^ FIE WEI 125/65 IS -" CH —E i I 4 I I i of I il' I i II ix rim I ma l I --i II (A A ('+'I m -� -o �I 0 (A rncnz o z 0 I � W �I cO cn �I U) m �I M -Ur- rrl 04m �I 0) cn z -q o m z� 00 i I CA N i i i m M fl� v p m N �OA 04m 0toz .J o m m• z� 00 I _ N N co / m p m v p M cn C)4m mcn z =i o m z� 09 _ N W � r n T> fl m �N Ln z �o zg p r flr c_ 0° m m z m Frl fl C �Cl __ -- - -co D 0 I � 0 _ _ e mm m D Lo N — (A `` l �fl 1 z* p m r �r �U) c — v mli CO z m 1 fl c m p �I (A A ('+'I m -� -o �I 0 (A rncnz o z 0 I � W �I cO cn �I U) m �I M -Ur- rrl 04m �I 0) cn z -q o m z� 00 i I CA N i i i m M fl� v p m N �OA 04m 0toz .J o m m• z� 00 I _ N N co / m p m v p M cn C)4m mcn z =i o m z� 09 _ N W � r n T> fl m �N Ln z �o zg p r flr c_ 0° m m z m Frl fl C �Cl __ -- - -co D 0 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT TPA #1953633.11 GC- CA -N -1 n Q U m Q is 75 E `c LL 72 O V d N O LU U � O J d m W � I W ~ a -s �i O U U C7 cli co w R rn Q O W N R C R m V a O Cl 'C 020- 4) U) N _ s H � as > N m r- a— V o > m m 'd a U N N y ¢ 0 a>i aUi 0- aD 4) m o E c Z `, Q CL 3 N C O Q U N N O d i9 fl -s �i O U U C7 cli co w R rn Q MEMORANDUM Date: November 30, 2005 To: Joe Mezzatesta Collier County Health Department From: Heidi Rockhold, Deputy Clerk Minutes & Records Department Re: The FY 2006 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department Enclosed please find four (4) original documents as referenced above, Agenda Item #10E, approved by the Board of County Commissioners on Tuesday, November 29, 2005. After obtaining the necessary signature(s), please return one fully executed original to the Minutes & Records Department, as it will be kept in the official records. If you should have any questions, please call me at 774 -8411. Thank you. Enclosures(4) 10E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I'rini on pink paper. Attach to original document. ( higinal docnnlvnt,< should he hand delivered to the koard f Mice. The complcled routing slip and original documents are to he Ibrwarded to the Hoard ( Mice only after the Board has iakcat action on the item.J 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 thro —h rnurino li— dd I ♦6. ti 44 - •• Route to Addressee(s) (List in routing order) • �, , . ,. ,,, ., �, x„111 ncro rurc cnecKUS[, and Office torwaru to Sue Filson Initials (line #5). Date 1. approoriate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) JM Applicable) 2. 11/29/05 Agenda Item Number 3. by the Office of the County Attorney. This includes signature pages from ordinances, /c 6 4. Health Dept. Core Contract Number of Original 4 5. Sue Filson, Executive Manager Board of County Commissioners JM 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 Joe Mezzatesta, Health Department Phone Number 530 -5332 Contact approoriate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) JM Applicable) Agenda Date Item was 11/29/05 Agenda Item Number Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, /c 6 Type of Document Health Dept. Core Contract Number of Original 4 Attached I contracts, agreements, etc. that have been fully executed by al I parties except the BCC Documents Attached INSTRUCTIONq & rMVi -Wr rc-r I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. approoriate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) JM Applicable) 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 al I 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 JM 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 JM 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 JM signature and initials are required, 5. In most cases (some contracts are an exception), the original document and this routing slip JM 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 11/29/05 (enter date) and all changes JM made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 10E EXECUTIVE SUMMARY Recommendation to approve the FY 06 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,460,100. OBJECTIVE: To provide local funding to augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year, the County enters into an agreement with the State of Florida Department of Health to provide funds and facilities for the provision of public health services. The attached represents the FY 06 contract effective October 1, 2005 through September 30, 2006. The agreement identifies the services that will be provided with the cost share between the State and the County. The total amount affected by County funding is $1,630,100. This year a portion of the County's contribution to the Health Department includes $170,000 provided by Federal funding through the Upper Payment Limit (UPL) program, and therefore reduces the cash contribution to $1,460,100. Also included in the County contribution is $305,400 for general operating and administrative costs paid on behalf of the Health Department for building maintenance, utilities, and insurance. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item. FISCAL IMPACT: The contract includes a cash contribution of $1,154,700 and $305,400 for building maintenance, utilities, and insurance for a total contribution of $1,460,100. These funds are budgeted in the FY 06 General Fund (001) budget in the Public Health cost center. See attached budget and cash analysis. RECOMMENDATION: It is recommended that the Board authorize the Chairman to execute the annual contract with the State of Florida Department of Health for the operations of the Collier County Health Department. Prepared by: Joe Mezzatesta, Collier County Health Department. Collier County Health Department FY06 Core Contract Budget and Cash Analysis Total amount benefitting the Health Department $1,630,100 General and Administrative expense paid by county - $305,400 Cash provided to Health Department $1,324,700 Funded by County $1,154,700 Funded by Federal Government (UPL program) $170,000 $1,324,700 Summary of County Budget for Health Department Cash from County $1,154,700 G & A expense paid by County $305,400 Total County Budget FY05 $1,460,100 Federal Government (UPL program) $170,000 Total amount benefitting the Health Department $1,630,100 10E 10E b Bush , Governor aes[.', zae +rP;�,S.wa.mvx.�c•...�,��.:�� R 6y' Department of October 20, 2005 David Weigel County Attorney Collier County Collier Government Center, Bldg F 3301 E. Tamiami Trail Naples, FL 34112 Dear Mr. Weigel: Enclosed are four copies of the contract between Collier County Board of County Commissioners and State of Florida Department of Health for operation of the Collier County Health Department contract year 2005 — 2006. We are requesting your review of the State issued core contract and attachments as to form and legal sufficiency. Should the contract meet with your approval, please advise so we may submit the contract for Board of Commissioners approval. Please do not hesitate to contact me at 774 -8206 if you should have any questions. Thank you for your assistance and time in this matter. Sincerely, Joe Mezzatesta Business Manager Cc: Marla Ramsey Dr. Joan M. Colfer File Joan M. Colfer, M.D., M.P.H., Director 3301 T ' amiami Trail E •Bldg. H Naples, Florida • 34112 -4961 Telephone (239) 774 -8200 Collier County Health Department Caring... Co.—i8ed..Helpiug...Dedicukd To the Wel6iecs o% (hv Conununiq• Mailing Address: Post Office Box 429 Naples, Florida • 34106 -0429 10E { CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2005 -2006 This agreement ( "Agreement ") is made and entered into between the State of Florida, Department of Health ( "State ") and the Collier County Board of County Commissioners ( "County "), through their undersigned authorities, effective October 1, 2005. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ( "CHD ") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2005, through September 30, 2006, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local 10E funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV /AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHID will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 6,401,977 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash orlocal contributions) as provided in Attachment II, Part II is an amount not to exceed $1,324,700 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 2 log c. Either party may establish service fees as allowed by law to fund activities of the CHID. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase /decrease, the CHID will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase /decrease, the County shall notify the CHID. The CHID will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg H Naples, FL 34112 5. CHID DIRECTOR /ADMINISTRATOR. Both parties agree the director /administrator of the CHID shall be a State employee or under contract with the State and will be under the day -to -day direction of the Deputy State Health Officer. The director /administrator shall be selected by the State with the concurrence of the County. The director /administrator of the CHID shall insure that non - categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHID director /administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Office of Planning, Evaluation & Data Analysis Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHID: a. The CHID and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHID employees shall be State or State - contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System /Health Management Component compatible format by program component as specified by the State. b. The CHID shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHID director /administrator must sign a justification therefore, and all county - purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall 3 10E be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System /Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHID is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System /Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus /deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited /debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus /deficit funds accruing to the state and county is determined each month and at contract year -end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of 4 10E surplus funds shall be reflected in Attachment 11, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director /administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A -133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director /administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The 5 10E CHID will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his /her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHID shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE3851-1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE3851-1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. 2 10E p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: i. March 1, 2006 for the report period October 1, 2005 through December 31, 2005; ii. June 1, 2006 for the report period October 1, 2005 through March 31, 2006; iii. September 1, 2006 for the report period October 1, 2005 through June 30, 2006; and iv. December 1, 2006 for the report period October 1, 2005 through September 30, 2006. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHID facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHID unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County - owned CHID offices and buildings and for all furnishings and equipment in CHID offices through either a self- insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self- insurance program or insurance purchased by the County. All vehicles will be used solely for CHID operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHID and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one - hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an VA 1®c obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2006, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Joan M. Colfer, M.D.,M.D.H. Name Director, Collier County Health Dept. Title 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Address (239) 774 -8201 Telephone For the County: Marla Olsviq Ramsey Name Public Services Administrator Title 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Address (239) 774 -8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. C. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. 8 In WITNESS THEREOF, the parties hereto have caused this 37_ page agreement to be executed by their undersigned officials as duly authorized effective the-1 5t day of October, 2005. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY SIGNED BY: NAME: FR =D TITLE: CriniRt*�Ans e j3CL DATE: ATTESTED TO: :....0. ��� �i ►� .A'`�. i .. DATE: • • Attest as to Chatran's signature only Apps, m & legal sufriole Aeddtant County Attorney' STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME. Rony Francois, M.D., M.S.P.H., Ph.D. TITLE: Secretary DATE: / a "l y • v s SIGNED BY: ')ti' 4t, NAME: l` Joa M. Colfer, M.D. M.P. . TITLE: CHD Director /Administrator DATE: -Ii - c.? C Q ,) (' 0I 10 E ATTACHMENT COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50 -20), Environmental Health Coding Pamphlet (DHP 50 -21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below, Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children. 4. Healthy Start/ Improved Pregnancy Outcome 5. Family Planning 6. Immunization Chronic Disease Program 8. Environmental Health Requirement Requirements as specified in FAC 64D -3, F.S. 381 and F.S. 384 and the CHD Guidebook. Monthly reporting on DH Form 1008 *. Service documentation and monthly financial reports as specified in DHM 150 -24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the Healthy Start Standards and Guidelines 1998 and as specified by the Health Start Coalitions in contract with each county health department. Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14* Periodic reports as specified by the department regarding the surveillance /investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. Requirements as specified in the Community Intervention Program (CIP) and the CHD Guidebook. Requirements as specified in DHP 50 -4* and 50 -21* 9. HIV /AIDS Program Requirements as specified in Florida Statue 384.25 and 64D -3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.426 (Adult/ Adolescent) and 50.42A (Pediatric). Socio- demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post -Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV /AIDS office within 5 days of the initial post -test counseling appointment or within 90 days of the missed post -test counseling appointment. 10 10E ATTACHMENT I (Continued) 10. School Health Services HRSM 150 -25', including the requirement for an annual plan as a condition for funding. 'or the subsequent replacement if adopted during the contract period. it ZI z w W Q H Q r z w F Q w w 0 2 J w 2 r z z O U w w J J O U F LL 47 O H 4) N C) L ° T C M C 0) LL 0 LL O O —10 U ? N � F m 0 ❑ U E = m N U � W O CO LO 0 ° 0 L � M N L � LL O _ N O ` N 47 6 ❑ U E = c N U W o 00 V O O �n O V CO i0 m °° V V O O 40 7 O V N cD C) O 0 t` O O N U lC6 m m r V W H 4) YE _N U C1 C13 U) C O 0 U ° o° N C � 0 a 3 0 N U 00 N O O O N O r c0 4) Y U p � O C N 00 U M O (D E N � d 4) Cl) O` O LL ,n N O O Q N 41 - U m 0 U O ) U �O M n h c o LL LL O N U C ° (D M O) N c � C E O 4) U a O (n O O ZLo CD N ° O N � r c � ry O m0 ►i N C 47 L_ 47 4) L 4) O E a c m vi U 4) O CL 4) N 4) L 3 'O N m 0 O N N 4s c 0 E a Q `O 3 c D 3 c C a c 4s N U (D O CL C 0 cu O c 4) 0 c 0 U N C 0 3 v C 4) 47 N N 0 CL 47 Q m U l0 U d n C yj m m o O — O N N C O c 4) 43 4) L N N � (0 C N w C +� O N c 2 E N O` E O O � E L N C U E � 41 (0 Q U _ N U LL 4) o N 0 � O == d c c N f0 y=j C a E 10E 1. GENERAL REVENUE - STATE 015050 ALG /CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 0 0 OL5050 ALG /CONTR I'O CHDS 2,523,669 0 2,523,669 0 2,523,669 015050 ALG /CONTR TO CHDS -AIDS PA'HENTCARE 100,000 0 100,000 0 100,000 015050 AIG /CONTR'To CHDS -AIDS PREV & SURV & FIELD STAFF 100,075 0 100,075 0 100,075 015050 ALG /CONI'R TO CHDS- MIGRANT LABOR CAMP SANITA "TION 68,387 0 68,387 0 68,387 015050 ALG /CONTR. "TO CHDS - DENTAL PROGRAM 0 0 0 0 0 015050 ALG /CONTR_ TO CHDS- IMMUNIZATION OUTREACH TEAMS 31,040 0 31,040 0 31,040 015050 ALG /CONTR. TO ClIDS- INDOOR NR ASSIST PROG 0 0 0 0 0 015050 AI.G /CONTR. TO CHDS -MCH HEALTH - FIELD STAFF COST 0 0 0 0 0 015050 ALG /CONTR- TO CHDS- SOVEREIGN IMMUNITY 0 0 0 0 0 015050 ALG /CON FRIBUI'[ON TO CHDS - PRIMARY CARE 27,361 0 27,361 0 27,361 015050 ALG /FAMILY PLANNING 48,602 0 48,602 0 48,602 015050 ALG /IPO- OUTREACH SOCIAL WORKERS CAT. 050707 0 0 0 0 0 015050 ALG/LPO II EALTHY START 0 0 0 0 0 015050 ALG/IPO HEALTHY STAR'171PO CAT 050707 0 0 0 0 0 015050 ALG/IPO- INFANT MORTALITY PROJECT CAT_ 050707 0 0 0 0 0 015050 ALG /MCH HEALTHY STARTAPO CAT 050870 0 0 0 0 0 015050 ALG /MCH- INFANT MORTALITY PROJECT CAL 050870 0 0 0 0 0 015050 ALG /MCH -OUTREACH SOCIAL WORKERS CAT 050870 0 0 0 0 0 015050 ALG /PRIMARY CARE 354,068 0 354,068 0 354,068 0 L5050 ALG /SCHOOL HEALTIVSUPPLEMENTAL 0 0 0 0 0 015050 CHD SUPPORT SERVICES 0 0 0 0 0 015050 COMMUNITY INTERVENTION PROGRAM 105,000 0 105,000 0 105,000 015050 COMMUNITY TB PROGRAM 102,371 0 102,371 0 102,371 015050 CONTR'I'O CHDS - DUVAL TEEN PREGNANCY PREVENTION 0 0 0 0 0 015050 ENHANCED DENTAL SERVICES 0 0 0 0 0 015050 FL HEPATITIS & LIVER FAILURE PREVENTION /CONTROL 0 0 0 0 0 015050 1IBALTH PROMOTION & EDUCATION INITIATIVES 0 0 0 0 0 015050 HEALTHY BEACHES MONITORING 24,098 0 24,098 0 24,098 015050 HEALTHY START - DATA COLLECTION PROJECT STAFF 0 0 0 0 0 015050 LA LIGA CONTRA EL CANCER 0 0 0 0 0 015050 MEDIVAN PROJEC "1' 0 0 0 0 0 015050 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 0 015050 RED LEGISLATION - GAP GRANT (CAT 0503 10) 110,000 0 110,000 0 1 10,000 015050 SPECIAL NEEDS SHELTER PROGRAM 0 0 0 0 0 015050 STD GENERAL REVENUE 0 0 0 0 0 015050 VOLUNTEER SCHOOL HEALTII NURSE GRANT 56,000 0 56,000 0 56,000 GENERAL REVENUE TOTAL 3,650,671 0 3,650,671 0 3,650,671 2. NON GENERAL REVENUE -STATE 015010 ALG /CONTR TO CHDS- REBASING TOBACCO TF 33,298 0 33,298 0 33,298 015010 BASIC SCHOOL HEALTH - TOBACCO TF 136,680 0 136,680 0 136,680 015010 CHD SUPPORT SERVICES 0 0 0 0 0 015010 FL HEPATITIS & LIVER FAILURE PREVENTION /CONTROL 186,012 0 186,012 0 186,012 015010 FULL SERVICE SCI FOOLS - TOBACCOTF 114,545 0 114,545 0 114,545 015010 ONSITE SEWAGE RESEARCH FUND 0 0 0 0 0 015010 PACE EH 0 0 0 0 0 015010 SUPER ACT PROGRAM ADM TF 0 0 0 0 0 13 2. NON GENERAL REVENUE - STATE 015010 SUPPLEMENTALACOMPREHENSIVE SCHOOL HEALTH -TOB TF 0 0 0 0 0 015010 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 16,614 0 16,614 0 16,614 015020 ALG /CONTR_ TO CADS- BIOMEDICAL WAS "FE /DEP ADM TF 12,364 0 12,364 0 12,364 015020 ALG /CONTR. TO CHDS -SAFE DRINKING WATER PRG /DEP ADM 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TF /DACS 0 0 0 0 0 NON GENERAL REVENUE TOTAL 499,513 0 499,513 0 499,513 3. FEDERAL FUNDS -State 007000 AIDS PREVENTION 154,738 0 154,738 0 154,738 007000 AIDS SEROPREVALENCE 0 0 0 0 0 007000 AIDS SURVEILLANCE 0 0 0 0 0 007000 B[OTERR SURVEILLANCE & EPIDEMIOLOGY 125,628 0 125,628 0 125,628 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 0 0 0 0 0 007000 BIOTERRORISM NETWORK COMMUNICATIONS 87,512 0 87,512 0 87,512 007000 BIOTERRORISM PLANNING & READINESS 69,019 0 69,019 0 69,019 007000 CHO SUPPORT SERVICES 131,289 0 131,289 0 131,289 007000 CHILDHOOD LEAD POISONING PREVENTION 0 0 0 0 0 007000 COASTAL BEACH MONITORING PROGRAM 21,824 0 21,824 0 21,824 007000 COMP COMMUNITY CARDIO- PHBG 2004 -2005 35,000 0 35,000 0 35,000 007000 COMPREHENSIVE CARDIOVASCULAR PROGRAM 0 0 0 0 0 007000 FG] F /AIDS MORBIDITY 0 0 0 0 0 007000 FGTFBREAST& CERVICAL CANCER -ADMIN /CASE MAN 0 0 0 0 0 007000 FGTF /FAMILY PLANNING TITLE X SPECIAL INITIATIVES 52,392 0 52,392 0 52,392 007000 FGTF /FAMILY PLANNING -TITLE X 81,531 0 81,531 0 81,531 007000 FGTFAMMUNIZATION ACTION PLAN 49,038 0 49,038 0 49,038 007000 FGTF /WIC ADMINISTRATION 1,040,091 0 1,040,091 0 1,040,091 007000 HEALTH PROGRAM FOR REFUGEES 74,333 0 74,333 0 74,333 007000 HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA) 0 0 0 0 0 007000 IMMUNIZATION SUPPLEMENTAL. 43,922 0 43,922 0 43,922 007000 IMMUNIZATION - SPECIAL PROJECT 12,368 0 12,368 0 12,368 007000 MCH BGTF- GADSDEN SCHOOL CLINIC 0 0 0 0 0 007000 MCH BGTF- HEALTHY START IPO 0 0 0 0 0 007000 MCH BGTF - INFANT MORTALITY PROJECT 0 0 0 0 0 007000 MCH BGTF- MCH /CHILD HEALTH 11,251 0 11,251 0 11,251 007000 MCH BGTF- MCH/DENTAL PROJECTS 0 0 0 0 0 007000 MCH BGTF - OUTREACH SOCIAL WORKERS 0 0 0 0 0 007000 PHP- CITIES RESPONSE INITIATIVE 2004 -2005 0 0 0 0 0 007000 REDUCING BURDEN OF ARTHRITIS & RHEUMATIC CONDTNS 0 0 0 0 0 007000 REFUGEE HEALTH TB TARGETED TESTING 0 0 0 0 0 007000 RISK COMMUNICATIONS 0 0 0 0 0 007000 RYAN WHITE 0 0 0 0 0 007000 RYAN WHITE- EMERGING COMMUNITIES 0 0 0 0 0 007000 RYAN WHITE -AIDS DRUG ASSIST PROG -ADMIN 77,951 0 77,951 0 77,951 007000 RYAN WHITE-CONSORTIA 0 0 0 0 0 007000 STATE PROGRAMS TO PREVENT OBESITY 2003 -04 0 0 0 0 0 007000 STD FEDERAL GRANT -CSPS 0 0 0 0 0 007000 STD PROGRAM - PHYSICIAN TRAINING CENTER 0 0 0 0 0 007000 STD PROGRAM - SYPHILIS ELIMINATION (SE) 0 0 0 0 0 14 3. FEDERAL FUNDS -State 007000 STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) 2,812 0 2,812 0 2,812 007000 STD PROGRAM - INFERTILITY PREVENTION PROJECT (IPP) 2,812 0 2,812 0 2,812 007000 STRATEGIC NATIONAL STOCKPILE 20,000 0 20,000 0 20,000 007000 FEDERAL INDIRECTS 20,000 0 20,000 0 20,000 007000 TUBERCULOSIS CONTROL - FEDERAL GRANT 101,720 0 101,720 0 101,720 007000 WIC BREASTFEEDING PEER COUNSELING PROG FFY 2004 3,062 0 3,062 0 3,062 007000 WIC INFRASTRUCTURE GRANT 2005 -2006 53,500 0 53,500 0 53,500 015009 MEDIPASS WAIVER -HLTHY STRT CLIENT SERVICES 0 0 0 0 0 015009 MEDIPASS WAIVER -SOBRA 0 0 0 0 0 015009 SCHOOL HEALTH- SUPPLEMENT -TANF 0 0 0 0 0 015075 CHD SUPPORTSERVICES 0 0 0 0 0 015075 '1ITLEXXI /SCHOOL HEAUH [/SUPPLEMENTAL 0 0 0 0 0 015075 REFUGEE SCREENING REIMBURSEMENT 100,000 0 100,000 0 100,000 FEDERAL FUNDS TOTAL 2,371,793 0 2,371,793 0 2,371,793 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 MIGRANT HOUSING PERMIT 19,000 0 19,000 0 19,000 001020 MOBILE HOME AND PARKS 18,000 0 18,000 0 18,000 001020 FOOD HYGIENE PERMIT 23,000 0 23,000 0 23,000 001020 BIOHAZARD WASTE PERMIT 15,000 0 15,000 0 15,000 001020 SWIMMING POOLS 215,000 0 215,000 0 215,000 001020 PRIVATE WATER CONSTR PERMIT 0 0 0 0 0 001020 PUBLIC WATER ANNUAL OPER PERMIT 5,000 0 5,000 0 5,000 001020 PUBLIC WATER CONSTR PERMIT 0 0 0 0 0 001020 NON -SDWA SYSTEM PERMIT 0 0 0 0 0 001020 SAFE DRINKING WATER 0 0 0 0 0 001021 TANNING FACILITIES 4,500 0 4,500 0 4,500 001021 BODY PIERCING 150 0 150 0 150 001092 NON SDWA LAB SAMPLE 0 0 0 0 0 001092 OSDS VARIANCE FEE 0 0 0 0 0 001092 ENVIRONMENTAL HEALTH FEES 345,500 0 345,500 0 345,500 001092 OSDS REPAIR PERMIT 0 0 0 0 0 001092 OSDS PERMIT FEE 0 0 0 0 0 001092 1& M ZONED OPERATING PERMIT 0 0 0 0 0 001092 AEROBIC OPERATING PERMIT 0 0 0 0 0 001092 SEPTIC TANK SITE EVALUATION 0 0 0 0 0 001170 LAB FEE CHEMICAL ANALYSIS 0 0 0 0 0 001170 NONPOTABLE WATER ANALYSIS 0 0 0 0 0 001170 WATER ANALYSIS- POTABLE 0 0 0 0 0 010304 MQA INSPECTION FEE 10,000 0 10,000 0 10,000 010403 PEES -COPY OF PUBLIC DOC 0 0 0 0 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 655,150 0 655,150 0 655,150 5. OTHER CASH CONTRIBUTIONS - STATE 010304 STAFIONARY POLLUTANT STORAGE TANKS 0 0 0 0 0 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT - 194,677 0 - 194,677 0 - 194,677 OTHER CASH CONTRIBUTIONS TOTAL - 194,677 0 - 194,677 0 - 194,677 15 6. MEDICAID- STATE /COUNTY 0 0 001080 CHD INCM.MEDICAID- NURSING 0 001080 CHD INCM:MEDICAID -STD 0 0 001080 MEDICAID AIDS 1 0011180 MEDICAID HMO RATE 0 2 001080 CHD INCM: MEDICAID MATERNI "TY 0 0 001080 CHD INCM:MEDICAID COMP. CHILD 0 001080 CHD INCM.MEDICAID COMP. ADULT 0 0 001080 MEDICAID -LAB 0 0 001080 CHD INCM MEDICAID- PHARMACY 44 001080 MEDICAID -TB I 001080 MEDICAID- ADMINISTRATION VACCINE 0 001080 MEDICAID -CASE MANAGEMENT 2 001080 CHD INCM: MEDICAID -OTHER 3,894 6 001080 Cl ID INCM :MEDICAID -CHILD HEALTH CHECKUP 0 1 001080 CHD INCM.MEDICAID- DENTAL 28 001083 CHD INCM: MEDICAID -FP 25,000 001208 MEDIPASS $3.00 ADM. FEE 0 0 MEDICAID TOTAL 7 7. ALLOCABLE REVENUE - STATE 29,862 5 018000 REFUNDS, SALARY 50,700 018000 REFUNDS, OTHER PERSONAL SERVICES 18,435 0 018000 REFUNDS, EXPENSES 0 0 018000 REFUNDS, OPERATING CAPITAL OUTLAY 0 0 018000 REFUNDS, SPECIAL CATEGORY 413,655 7 018000 REFUNDS, OTHER 702,300 018000 DMS REFUNDS BY JOURNAL TRANSFER -65900 0 0 018000 REFUNDS, CERTIFIED FORWARD 370 5 037000 PRIOR YEAR WARRANT 0 9 038000 12 MONTH OLD WARRANT ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE STATE PHARMACY SERVICES STATE LABORATORY SERVICES STATE TB SERVICES STATE IMMUNIZATION SERVICES STATE STD SERVICES STATE CONSTRUCTION/RENOVATION WIC FOOD STATE AIDS DRUG ASSISTANCE PROGRAM OTHER (SPECIFY) OTHER (SPECIFY) OTHER (SPECIFY) OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT COUNTY CONTRIBUTIONS - COUNTY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0,563 1 15,137 2 25,700 0 0 2 25,700 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,894 6 636,139 1 1,080,033 0 0 1 1,080,033 0,275 1 14,725 2 25,000 0 0 2 25,000 0 0 0 0 0 0 0 0 0 0,838 2 29,862 5 50,700 0 0 5 50,700 7,577 1 10,858 1 18,435 0 0 1 18,435 0 0 0 0 0 0 0 0 0 8,645 4 413,655 7 702,300 0 0 7 702,300 0 0 0 0 0 0 0 0 0 370 5 530 9 900 0 0 9 900 16 9, DIRECT COUNTY CONTRIBUTIONS - COUNTY 008030 GRANTS - COUN'T'Y TAX DIRECT 0 0 0 0 0 008034 GRANTS CNTY COMMSN OTHER 0 1,324,700 1,324,700 0 1,324,700 BOARD OF COUNTY COMMISSIONERS TOTAL 0 1,324,700 1,324,700 0 1,324,700 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 0 0 0 0 001060 VITAL STATISTICS FEES OTHER 0 0 0 0 0 001077 RABIES VACCINE 0 0 0 0 0 001077 CHILD CAR SEAT PROG 0 0 0 0 0 001077 PRIMARY CARE FEES 0 45,125 45,125 0 45,125 001077 COMMUNICABLE DISEASE FEES 0 111,970 1 11,970 0 111,970 001094 ENVIRONMENTAL HEALTH FEES 0 705,000 705,000 0 705,000 001094 ADULT ENTER. PERMIT FEES 0 0 0 0 0 001114 NEW BIRTH CERTIFICATES 0 48,800 48,800 0 48,800 001115 DEATH CERTIFICATES 0 200,000 200,000 0 200,000 001117 VITAL STATS -ADM. FEE 50 CENTS 0 3,456 3,456 0 3,456 FEES AUTHORIZED BY COUNTY TOTAL 0 1,114,351 1,114,351 0 1,114,351 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001009 DEBIT MEMO -BAD CHECKS 0 0 0 0 0 001009 RECOVERY -BAD CHECKS 0 0 0 0 0 001009 RECOVERY OF COLLECTION OF AGENCY PLACEMENTS 0 0 0 0 0 001009 RETURNED CHECK FEE 0 0 0 0 0 001029 THIRD PARTY REIMBURSEMENT 0 305,442 305,442 0 305,442 001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0 001077 RYAN WHITE LOCAL REVENUES 0 0 0 0 0 001077 RYAN WHITE TITLE If 0 0 0 0 0 001090 MEDICARE 0 101,915 101,915 0 101,915 005040 INTEREST EARNED 0 0 0 0 0 005041 INTEREST EARNED -STATE INVESTMENT ACCOUNT 0 15,000 15,000 0 15,000 007010 U.S. GRANTS DIREC "T - MEDICAL RESERVE CORP 0 50,000 50,000 0 50,000 010300 SALE OF GOODS AND SERVICES 0 0 0 0 0 010301 EXP WI "FNEES FEE CONSUL ENT CHARGES 0 0 0 0 0 010403 FEES- COPIES OF DOCUMENTS 0 845 845 0 845 010405 SALE OF PHARMACEUTICALS 0 68,400 68,400 0 68,400 010409 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 0 0 0 0 010500 SALES OF SERVICES OUTSIDE STATE GOVERNMNENT 0 0 0 0 0 011000 RAPID AIDS TES "TING - JAIL INMATES 2003 0 0 0 0 0 011001 HEALTHY START COALITION CONTRIBUTIONS 0 0 0 0 0 011007 CASH DONATIONS PRIVATE 0 0 0 0 0 012020 FINES AND FORFEITURES 0 5,500 5,500 0 5,500 012021 RETURN CHECK CHARGE 0 0 0 0 0 028020 INSURANCE RECOVERIES -OTHER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 - 280,464 - 280,464 0 - 280,464 011000 RAPID AIDS TESTING 0 0 0 0 0 011000 GRANT- DIRECT 0 68,615 68,615 0 68,615 011000 GRANT- DIRECT 0 65,932 65,932 0 65,932 011000 GRANT - DIRECT 0 141,064 141,064 0 141,064 17 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 011000 GRANT - DIRECT 0 15,000 15,000 0 15.000 011000 GRANT - DIRECT 0 116,000 116,000 0 116,000 011000 GRANT- DIRECT 0 54,080 54,080 0 54,080 011000 GRANT - DIRECT 0 0 0 0 0 011000 GRANT - DIRECT 0 0 0 0 0 010408 COPY FEES INTRAIN FER AGENCY 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 727,329 727,329 0 727,329 12. ALLOCABLE REVENUE- COUNTY 018000 REFUNDS, SALARY 0 0 0 0 0 018000 REFUNDS, OTHER PERSONAL SERVICES 0 0 0 0 0 018000 REFUNDS, EXPENSES 0 50 50 0 50 018000 REFUNDS, OPERAITNG CAPITAL OUTLAY 0 0 0 0 0 018000 REFUNDS, SPECIAL CATEGORY 0 0 0 0 0 018000 REFUNDS, OTHER 0 0 0 0 0 018000 DMS REFUNDS BY JOURNAL TRANSFER -65900 0 0 0 0 0 018000 REFUNDS, CERTIFIED FORWARD 0 0 0 0 0 037000 PRIOR YEAR WARRANT 0 0 0 0 0 038000 12 MONTH OLD WARRANT 0 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 50 50 0 50 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE. 0 0 0 526,648 526,648 MAINTENANCE 0 0 0 70,455 70,455 FACILITY OPERATING EXPENSE 0 0 0 305,400 305,400 OTHER (SPECIFY) 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 OTHER(SPECIFY) 0 0 0 0 0 OTHER (SPECIFY) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 902,503 902,503 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHO TRUST FUND - COUNTY OTHER COUNTY CONTRIBUTION OF SOME UNKNOW ORIGIN 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 7,764,611 4,287,337 12,051,948 8,621,035 20,672,983 18 A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 15.16 STD (102) 8.64 A_I.D.S.(103) 17.15 TB CON "TROL. SERVICES (104) 9.10 COMM- DISEASE SURV. (106) 5.25 HEPATI "HS PREVENTION (109) 4.25 PUBLIC HEAL TH PREP AND RESP (116) 6.11 VITAL STATIS'LICS (180) 2.19 COMMUNICABLE DISEASE SUBTOTAL 67.85 B. PRIMARY CARE: CHRONIC DISEASE SERVICES (210) 4.04 TOBACCO PREVENTION (212) 090 HOME HEALTH (215) 0.00 W.I.C. (22 1) 26.87 FAMILY PLANNING (223) 0.96 IMPROVED PREGNANCY OUTCOME (225) 4.56 HEALTHY START PRENATAL. (227) 18.21 COMPREHENSIVE CHILD HEALTH (229) 143 HEALTHY START INFANT (23 1) 2.90 SCHOOL HEALTH (234) 7.43 COMPREHENSIVE ADULT HEALTH (237) 5.32 DENTAL, HEALTH (240) 11.28 PRIMARY CARE SUBTOTAL 84.90 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COASTAL BEACH MONITORING (347) 0.39 LIMITED USE PUBLIC WATER SYSTEMS (357) 1.04 PUBLIC WA "I ER SYSTEM (358) 0.01 PRIVATE WATER SYSTEM (359) 0.15 INDIVIDUAL. SEWAGE DISE(361) 8.51 Group Total 10.10 Facility Programs FOOD HYGIENE (348) 2.93 BODY ART (349) 0.00 GROUP CARE FACILITY (35 1) 0.81 MIGRANT LABOR CAMP (352) 2.33 HOUSMG,PUBLIC BLDG SAFETY,SANITATION (351)00 MOBILE HOME AND PARKS SERVICES (354) 0.26 SWIMMING POOLS /BATHING (360) 621 BIOMEDICAL WASTE SERVICES (364) 1.13 TANNING FACILITY SERVICES (369) 0.12 9,326 39,679 202,913 956 9,751 121,119 903 8,256 521,961 1,101 9,792 130,938 0 4,085 87,673 959 7,843 68.908 0 1,238 102,011 0 26,683 13,245 80,644 1,262,206 202,913 121,119 521,961 130,938 87,673 68,908 102,011 26,683 262,206 202,913 121,119 521,961 130,938 87,673 68,908 102,011 26,683 262,206 202,913 91,584 121,119 289,791 521,961 382,787 130,938 295,449 87,673 192,034 68,908 167,297 102,011 134,398 26,683 106,732 262,206 1,660,072 720,068 194,685 1,705,057 228,303 158,658 108,335 273,646 0 3,388,752 811,652 484,47E 2,087,844 523,752 350,692 275,63: 408,044 106,732 5,048,824 3,020 1,922 76,668 76,668 76,668 76,668 102,173 204,499 306,672 0 516 12,634 12,634 12,634 12,634 16,770 33,766 50,536 0 0 0 0 0 0 0 0 0 14,367 101,889 311,690 311,690 311,690 311,690 0 1,246,760 1,246,760 1,238 2,579 40,596 40,596 40,596 40,596 60,806 101,578 162,384 71 3,027 145,293 145,293 145,293 145,293 511,291 69,881 581,172 2,138 29,004 223,122 223,122 223,122 223,122 348,071 544,417 892,488 118 1,636 89,662 89,662 89,662 89,662 85,290 273,358 358,648 487 7,384 33,528 33,528 33,528 33,528 53,645 80,467 134,112 0 237,873 99,807 99,807 99,807 99,807 159,691 239,537 399,228 1,404 4,234 101,980 101,980 101,980 101,980 159,089 248,831 407,920 2,565 18,888 226,139 226,139 226,139 226,139 528,107 376,449 904,556 25,408 408,952 1,361,119 1,361,119 1,361,119 1,361,119 2,024,933 3,419,543 5,444,476 1,039 1,039 10,181 107 224 14,226 1 1 249 0 39 3,815 2,705 9,367 140,015 3,852 10,670 168,486 236 987 43,056 0 0 0 304 484 10,628 179 1,092 32,433 0 0 0 80 188 3,243 1,383 8,071 90,500 523 523 15,661 15 40 1,702 10,181 14,226 249 3,815 140,015 168,486 43,056 0 10,628 32,433 0 3,243 90,500 15,661 1,702 10,181 14,226 249 3,815 140,015 168,486 43,056 0 10,628 32,433 0 3,243 90,500 15,661 1,702 10,181 16,289 14,226 22,192 249 398 3,815 6,105 140,015 218,423 168,486 263,407 43,056 68,342 0 0 10,628 16,580 32,433 50,605 0 0 3,243 4,802 90,500 141,177 15,661 23,201 1,702 2,587 24,435 34,712 598 9,155 341,637 410,537 103,882 0 25,932 79,127 0 8,170 220.823 39,443 4,221 40,724 56,904 996 15,260 560,060 673,944 172,224 C 42,512 129,732 C 12,972 362,00( 62,644 6,80f 19 C. ENVIRONMENTAL HEALTH Group Total 13.79 2,720 11,385 197,223 197,223 197,223 197,223 307,294 481,598 788,892 Groundwater Contamination STORAGE TANK COMPLIANCE (355) 0.00 0 0 0 0 0 0 0 0 0 SUPER AC'r SERVICE (356) 0.34 0 149 5,099 5,099 5,099 5,099 7,548 12,848 20,396 Group Total 094 0 149 5,099 5,099 5,099 5,099 7,548 12,848 20,396 Community Hygiene OCCUPATIONAL HEALTH (344) 0.23 0 263 3,458 3,458 3,458 3,458 0 13,832 13,832 CONSUMER PRODUCE SAFETY (345) 0.00 0 0 48 48 48 48 0 192 192 IN3URY PREVENTION (346) 0.00 0 1 11 II 11 II 0 44 44 LEAD MONITORING SERVICES (350) 0.00 1 2 47 47 47 47 72 116 188 PUBLIC SEWAGE (362) 0.00 0 0 0 0 0 0 0 0 0 SOLID WASTE. DISPOSAL (363) 0.00 0 0 20 20 20 20 0 80 80 SANITARY NUISANCE (365) 0.04 0 0 573 573 573 573 886 1,406 2,292 RABIES SURVEILLANCE/CONTROL SERVICES (3661)00 0 0 0 0 0 0 0 0 0 ARBOVIRUS SURVEILLANCE (367) 1,02 0 1,084 14,685 14,685 14,685 14,685 23,105 35,635 58,740 RODENT /ARTI IROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 0 0 WATER POLLUTION (370) 0.00 0 0 0 0 0 0 0 0 0 AIR POLLUTION (371) 0.00 0 0 0 0 0 0 0 0 0 RADIOLOGICAL HEALTI I (3 72) 0.00 0 0 12 12 12 12 20 28 48 TOXIC SUBSTANCES (373) 0.00 0 0 0 0 0 0 0 0 0 Group Total 129 1 1,350 18,854 18,854 18,854 18,854 24,083 51,333 75,416 ENVIRONMENTAL HEALTH SUBTOTAL 25.52 6,573 23,554 389,662 389,662 389,662 389,662 602,332 956,316 1,558,648 D. SPECIAL CONTRACTS: SPECIAL CONTRACTS (599) 0.00 0 0 0 0 0 0 0 0 0 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 0 0 0 0 0 0 0 TOTAL CONTRACT 17827 45,226 513,150 3,012,987 3,012,987 3,012,987 3,012,987 4,287,337 7,764,611 12,051,948 20 10E ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97 -35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 21 ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT 10E FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Location Owned By Collier County Health Department 3301 E. Tamiami Trail Collier County & Public Services Building H Building H, Naples CHD /Environmental Health Co- Location with Development Services Immokalee Satellite Golden Gate WIC office 2800 North Horseshoe Dr Naples 419 North First Street Immokalee 5248 Golden Gate Parkway Unit 1 (Park East), Naples Collier County Collier County Marquette Development 22 ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BESET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR 2003 -2004 2004 -2005 2005 -2006 2006 -2007 2007 -2008 PROJECT TOTAL STATE COUNTY $ 702,000 $ 702,000 $ 648,000 $ 648,000 TOTAL $ 1,350,000 $ 1,350,000 SPECIAL PROJECT CONSTRUCTION /RENOVATION PLAN PROJECT NAME: Renovation of CHID offices LOCATION/ ADDRESS: Building H of the Collier County Government Complex PROJECT TYPE: NEW BUILDING ROOFING _ RENOVATION X PLANNING STUDY _ NEW ADDITION OTHER SQUARE FOOTAGE: 0 10E PROJECT SUMMARY: Describe scope of work in reasonable detail. The Collier County Health Department will be moving its Environmental Health Division from a satellite government complex to the main building (Building H) of the government complex located on Tamiami Trail during 2005 -2006 when the space becomes available. Medical Records will be recarpeted and the main lobby will get a information Kiosk to be staffed by administration. Other operating programs will also be reconfigured during the time frame 2005 -20010 including: School Health, Disaster Preparedness, Family Health, WIC, Epidemiology, Vital Stats, Pharmacy, and clinic areas of Communicable Disease. The Dental clinic will need to be expanded because of growth probably during the 2006 -20010 time frame. Also it is anticipated that Information Systems, Finance & Accounting, Human Resources, and the Director's Office will be renovated in 2007 -2010. ESTIMATED PROJECT INFORMATION START DATE (initial expenditure of funds) : Oct -05 COMPLETION DATE: Dec -10 DESIGN FEES: $ CONSTRUCTION COSTS: $ FURNITURE /EQUIPMENT $ - TOTAL PROJECT COST: $ 1,350,000 COST PER SO FOOT: $ #DIV /0! Special Capital Projects are new contruction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. 23 ATTACHMENT VI Primary Care 10E "Primary Care" as conceptualized for the county health departments and for the use of categorical Primary Care funds (revenue object code 015011) is defined as: "Health care services for the prevention or treatment of acute or chronic medical conditions or minor injuries of individuals which is provided in a clinic setting and may include family planning and maternity care." Indicate below the county health department programs that will be supported at least in part with categorical Primary Care funds this contract year: _x_ Comprehensive Child Health (229/29) _x_ Comprehensive Adult Health (237/37) Family Planning (223/23) _x_ Maternal Health /IPO (225/25) Laboratory (242/42) _x_ Pharmacy (241/93) Other Medical Treatment Program (please identify) Describe the target population to be served with categorical Primary Care funds. Does the health department intend to contract with other providers for the delivery of primary health care services using categorical (015011) Primary Care funds? If so, please identify the provider(s), describe the services to be delivered, and list the anticipated contractual amount by provider. In addition, contract providers are required to provide data on patients served and the services provided so that the patients may be registered and the service data entered into HCMS. 24 W J 7 w W U y W W LL to 2 H J 0 Q o W N on J 1A N 00 O W O 22 W W Z } Q Q W i U Z N LL LL W LL W a WN O 25 O O M O N m a EC ,pg 0 O ry o 0 0 0 1O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �n 0 n 0 P 0 m 0 0 n in n U 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 °0 0 0° O LL O O O O O 0 y O Q NO Q N° Q a Q Q Q a 0 Q Q Q Q I=L LL N N N N N N N N N N N N N N N N N N N O O O Y p Y M Y° Y Y Y Y Y Ym Y Y Y Y Y Y Y m Y m Y m m Y m m m m ❑ > U > ❑ > O O ❑ ❑ ❑ ❑ > ❑ ❑ ❑ ❑ ❑ ❑ N U K U K U tt U U U U U U tt U U U U U U W O o 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � U f O LLl O m O (O N N N N N 10 N N N N N O N O' O f O O O O O O 0 O O O O O O V 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O itn Y Y Y Y Y Y Y Y Y Y Y Y W O � N O y ❑ O ❑ 0❑❑ m ❑❑ 0❑❑❑ 0 0 0 0 0 0 0 0 io 0 0 0 0 o m O o 0 0 p J m m m b m m m m m m m m M n n CI P P x X X X % X x X X x X x X 0 X X X x X x X X X x X X X x X X X x X x X X X X X X X X X X X X X X o °0 0 0 0 0 0 0 00 0 0 0 0 0 o Oo 0 0 Z o 0 0 0 0 0 0 ° N N O O m m N N ^ N N 2 0 0 o 0 0 o 0 0 0 N o WD 0 O m O N 1� N N VI O m h N LL 8 co co c E E o ° ° O `u rn o W g m m E v m 1 N W m d r m w `a 3'i `y E 3 m c y, E c _o° m `w n 5 t; E o ° h O Li G 3: �c 8 Z❑ am 0 a° am i $ m m m m c m m m co r °. °c c N .�- w° n E D c o m _a I m m o o a f E W m❑ 5 m g° c p i w v m° y 2 IL nT O A 2 2 U m o v m $ a M a a N -� Q P - a M O❑ m` c? a x ci N� Q v; m m WN O 25 O O M O N m a 26 0 0 N. O d O a 0 4{r o o D o0 0 0 0 oD °o 0 °0 0 0 0 0 00 0 0 °D 00 0 o° 0 0 O o o p o o 0 w W °o o o D ° °° o° ° 0 o o 0 0 0 0 ° ° K = p p o o D D o 0 o p o 00 00 0 0 0 0 0 0 0 0 00 O O O O p O O O p O O O O O O O, O O . O O O O m O no n °n n °0 0 °O °o o d d d Q d Q 4 Q P d Q d Q Q d d O 4 d d �� m� m m Q O O O O O LL O p O O O ! O O O O O O D O O O O O Of O O O D d O P Q d a 4 r r o O d Np 4 Np P 7 Ni P J 9 p O .- N N N N N N N LL LL N N N N N N N N N N N N N N N N lV N N N N d d d d d d d d d d d d d d d d d d d d d d d d d d O N N N N N N N N N N N N N N N 0 0 o p o o°0 o p °o o °o °o o D o 0 0 0 0 oD N pD N w p °o 0 °o 0 o °o o 0 �y o o Y 0 Y Y 0 Y 0 Y Y Y Y Y m Y Y W Y W Y W Y Ym O Ym d m O Y Y m Y m m m m m m m rc m¢ m a a a m ❑> o >❑> o o❑ ❑ o o o> o> o ❑> 0> 0> 0 w v> v v¢ v v 0 ❑ v 10101010 o v❑ v o o ❑¢ 0 0 0 rc v¢ v rc v w Z °p o 0 o 0 o °o °o 0 0 o 0 ° °o o D o °D o o 0 0 0 0 0 0 °o °o o o 0 ° 0 ° o 0 p 0 p... 0 °o °o °p f °D w. o 0 o o D °° 0 0 0 W p N O O N N N N N N N N N N N NO O N O N N O O O ND W 0 0 O O O O D D O O O O 0 0 0 0 0 0 O O O O O O O O O O OV Y 2 Y 2 Y a Y Y Y Y Y Y Y Y Y Y Y Y 2 Y Z Y Y W Y W Y W Y W � O � i O ❑ ❑ OO o❑ O O O O r ❑ r ❑ O - ❑ - - b O❑ O D CNO O n pO Y❑ t0 N y❑ N IO 0 p^ o Q O y❑ p❑ n m M m g m n n m m n m m m m m m m [mil n m n m Cl m 0 O X X X X% x X X X X X X X X >( X% X X X X X x X K X x X X x x x x x x x x x x X X x x x x x x x x% x x x x x X x x O O O N h O N YI O m N N n n g Q P Q m N N N N l7 Q m fl O W f. O < Z O N O Wm yOj N N N m n N N n 0 Cj Ip LL < � y r m 2 » ` a m y y 0 2 r i w o O o❑ E ,� A W o? a r LQEQi E LpEpi ° ,.. L_CC Q< n N i Y. d N E N v E N< N N< m ? L w F < o m m u a x x d L Y w 2 ,L`u 10 & c= W N a_ m 0 O E m .. 2 v N u N 6 -- E g E $ j'i m N w K K S m E m 'o- o W o m e a a i o o 0 F m o. m m am 10 ``o_ o a m g Vi O E a E o E o € o m € E E 3 S n S a 'S-' $' 8i' S' < u Z v a m 3 g 8< € n& d K LL d v v rc 8 d m v o. _ K c 8_ �° r¢ m w m U' 'm Yn `o c= y J c i t^ c R W ¢ 'c m 'c 'c >> 8 'c m m ❑ m c c w c c� _ E w c Q Q Q 2 0 5 LL N % N Di N d d P m n m r N N M m N an d 26 0 0 N. O d O a 2% N O r 7 m m a 0 0 Y O O O o° O O°°°° O 0 O 0 O 0 O o O p O o O 0 p 0 O o O p O o 0 O 0 O 0 O 00 O 0 0 O o 00 p O° O o O 0 O 0 O 0 0 8 °O N m N m °e� °N 0 0 0 u in M .n n m p p O p O p O p O p 0 0 0 o 0 p 0 O 0 o °o °a 0 p 0 0 0 0 0 0 0 0°° 0 0 0 o 0 00 0 0 0 0 °o °° 0 ° 0 O 0° F � Z °o N N o N ry N O N o N o N °o N N 0 N o N ry o N N 0 N 0 N 0 N ° y Ny o y Ny N o pN 0 N 0 N 0 N D y Ny o pp ry o° o° o P o o P P f a a a a LL N O N O N O N O 6 O N O N° b N N N N N N N N N NN N N fOJ O O p Y m O O O O p O Y m Op O O O O O Y m O O O O O O Y m O O O O O O O Y O° O O O O Y m O O O O p O Y 00 O O O O Y m O O O 00 O Y O O O O O Y m O O O O O O Y m Op O O O° O Y O O Y m O O Y m O O Y m O O Y m O O O Y m ❑ U > K ❑ U > K ❑ U > K ❑ U > K ❑ U > K O U> > ❑ U> > ❑ U > K ❑ U > K ❑ U> > ❑ > O ❑ ❑ ❑ ❑ ❑ W 0 O o o o 0 ° 0 O 0 p 0 p 0 °0 0 0 0 0 0 0 0 0 op 0 o 0 o p p o o 0 0 0 0 0 ° 0 °o °0 0 0 o p o p `O o p o 0 0 0 0 `0 0 0 0 K O V W W OO O O N N O O N N O O N N O O N N O O N° `p N 0 O H 0 N O 0 G N 0 N ',R O N 0 N O 0 O N 0 N O 0 O N 0 N O 0 O H 0 O° 0 O1 0 OI 0 O T O 0 P O 0 N O 0 0 0 0 o p o 0 o p o 0 0 0 0 0 0 0 0 0 0 Y d Y d Y LL LL❑ Y LL LL❑ Y LL LL❑ Y LL LL❑ Y LL LL❑ Y 6. LL Y p LL LL❑ Y LL LL Y O LL LL❑❑❑❑❑ Y Y Y Y Y Y O y�j ❑ LL ❑ LL O y J ° i O x N x m n x O m x m tY'1 x 0 O x 0 n x 0 m x fQt x O 0 x m x O O� x y N1 x O O� x m x O x V t7 x O Of x m x O m x O m x O OI x m fel x m n x m n x O m el x p m x m M x x '= 0 O O e P O m n O ° O G Q o° e o 0 m m o°° 0 N 0 e P 0 m 0 0 m m 0 0 N 0 0 P Y 0 0 m 0 0 0 m o 0 N c r N a o° V1 n r N o° O e Y O m o t 0 O o 0 O c Q 0 O o o O N p O W � O < w Z W i O 1D O O m o O m O O N o m O N o 10 O O m p m J c O P O Cl p N o LL � < N N� V_ d E � 0 LL v 0 0 'N 00 .y O 6 O y 2 O LL c Y ❑ N G_ �5 „ yy y U O„ Q U v d Z d c !? LL y ItE m . L N d N d d J d y Y U m Y LL L t c P L N ,C ki y c 9 v v la w d 2� F � a y m `o m 00 a ac E m p O u m N A N e m Q m fti m m r m r m m m A m o N a io r 2% N O r 7 m m a °o CZ,o 0 Jq �" Z W Z 0 00 a 0 0 o 0 0 0 0 0 00 °o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 m 0 00 o 0 0° 0 00 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 m 0 0 00 0 0 0 o 0 °0 0 0 0 0 0 0 0 0 0 ° O 0o 0 °0 00 00 p 6 0 0 I� p 0 0 N O 0 0 tO p 0 0N O 0 0 �OO 0 0N � 0 0 m O 0 0 N � 0 0 Q N 0 0 N m O 0 ��O pp o 0 N 0 0 ��O N � � N 0 0 o N 0 0 m 0 0 O N C, N 0 0 N O 0 0 0 o a 0 N 0 0 a v m o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 H W F 0 o o 0 0 iO 00 0 00 0 �D 00 00 00 0 1O 00 00 r °O 0 0 o 0 0 °0 00 00 0m r °0 °0 m 00 0 r °0 0 0 fO 00 0 0 °0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °0 0 0 a 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z IO w Id0 N N Q N N N (O N b p N 10 p Np �O N � N 0 p Np �O p N 10 N 1° y Ny �C N � N � N b N N yN (O � N N b N b N b N tQ0 N b N IQO p N � IQO b N b N b O LL T O O O 0 0 0 y� O O LL N N< O N N O N Q N N O N Q N NO N Q N N O N V N O N N O N N N O N O N f N O N N O N d N N O N d N O N Q N O N r N N Q N O N r N LL (� d O N 6 O 616 O N O N O d 616 d d 6 O O N O N O N 616 O O O O °0 0 Ym O 0 W O 0 Y O 0 0 W O 00 Y O 00 w O 0 0 y °0 0 W 00 0 Y 00 0 W 00 0 Y O 0 0 W O 0 m O 0 0 W °0 0 00 0 W O 0 0 m O 00 Ym o 0 w I Z r 5 w °0 0 Y O 0 0 W O a 0 Y O a 0 W OO 0 Y O o W O 00 Y 000 W °o m °o 0 W °o 0 Y h N.: ❑ > O > ❑ > ❑ > ❑ > ❑ > ❑ > ❑ > > I ❑ > > ❑ U > ❑ U > m ❑ U > m ❑ U > K ❑ U > K ❑ U C o 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 j W 0 0 0 0 0 « 0 0 0 0 0 0 0 0 0 0 0 °o 0. o °o °o °o � u f O N O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O W ❑ N O w❑ m❑ N O N❑ w O to O N K O to F❑ Ul ❑ N❑ `n O U) O w❑ O O m X X 0 X m X m X m X m X X m X X n X X m X X m X X m X m X X X m X m X � X m X n X m X 0 X m X m x X m X n X f 2 N 8 0 O 00 o N mo 0 O 0 O a Cl N o O 00 0 O 0 O 0 IO 0 Q 0 m 0 Y 0 O 0 0 0 0 0 00 0 0 00 H W 7 LL O 0 o 0 0 M 0 0 N 0 0 0 0 1� 0 0 h 0 0 0 0 W O 0 o0 O 0 0 N o 0 N a 0 N 00 Q 0 0 N 0 0 ci i a E d « v Vi v c E m m E F o_ L E m c m F FL v m y ; J O 0m j a ° 3 c o m p m E m lw E m a p @ v m m O 'r m jm r ca, C a vm Ti L L E . E E LLv a m L n L > a e 2 y A to a° `u `v 12 a v o 0 0 0 an 0 d v o `u c o o `m E Sai o v �L •�O- E 9 `v Q `v c ° 'aF u c c E O m m y y 0 q c i m w E uy N Q O N Q a N N N N P N Q ul a N a N m N 1] L m a m L m O O O U N N a _ l7 P O a P L • OR `. 0 a Q = ij W o O 0 O O 0 o 0 o 0 O O O O o o O 0 O O 0 o 0 o 0 O O 0 o o 0 O O 0 O O 0 O o 0 O O O 0 o O 0 o 0 O O 0 O 00 O O 0 O O 0 o o O O a o 00 O 0 O 0 . RR,ryw S 0 O o 0 o 0 0 0 ry 0 0 o 0 0 0 o 0 o O 0 a o 0 a 0 O o 0 o 0 0 o 0 0 0 b N 10 N 0 0 0 0 N 0 0 o 10 N 0 o N 0 j . ry . p o m 0 0 0" ,� N t0 N [O 10 o O LL U c,� c, r, f. 0 0 0 00 0 0 0 0 0 00 0 0 0 °o 0 0 °o 0 0 °0 0 0 0 0 0 °0 0 0 0 0 0 0 00 00 0 0 o 0 a 0 0 0 0 0 0 0 0 o O o 0 o O o O O P O P O P O P O O O O P r O O P O P r NO P r LL LL N lV O N O CS N O N N 1V O eP" N LS O N O N O N O N N N O O N O N O N O N N i N O N O N O N N N O N N d N O 6 N N G U O O O O O O O O O O O O O O m O O W_ O O O Y O O W_ O O O Y O W O O 0 m O 0 w_ p 0 Y O 0 _w O O 0 m O 0 w 00 0 Y O O 0 W_ O 00 Y O O _W O 00 Y0 O O w O O O Y O O m O O O Y O O O m o O Y O N j O w `v O w `v O N O N `w u d > O > ❑ > O > ❑ > ❑ > ❑ > ❑ > ❑ > ❑ > ❑ > O > ❑ > O > ❑ m m m m m N O O O O O O O O O O O! O O 0 O 0 O 0 O 0 f` 0 0 O 0 O 0 O 0 O 0 O O p O O O O O O O O O LL `o LL `o LL `o LL `o LL YTI F O O O O 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O � U F W 1p Ip N tp N N N 10 N t0 O N P (O O N b G N Q N O 01 10 G N OI c0 O N Q (O O OI 10 O N 01 10 ry N Q O V O O 0 O! 0 0 O O O O O O O O O O O O O O O O O O O O O O O Ul ❑ l/1 ❑ N ❑ N ❑ f/1 O U ❑ U ❑ W 1�1 ❑ f/1 O N ❑ f/1 p fA O UI ❑ l/1 O J M n n n 01 m n M P ttO'1 Of n 01 10'1 n m COt T 1`10'1 Q M O m m T OI t1O'f x x x' x x x'' x x x x x x x x x x x x x' x x x H =0 O 0 O 0 O 0 O 00 0 O 0 O 0 O a O o O 0 O 0 N 0 0 0 O 0 O 0 N 0 0 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O o O O O o O O P N 01 0 01 Ip 1° O O wl Ip 10 N 1y N O1 10 10 N M N N< 0 1° 10 N N I� 0 O O O O N O O O O O O O O O O O O O O O O LL � 6 0 N N O N � ry cu n °i i w twwl C w n C C E J � rn E m a cw c E w E o w m 3 m u n w °; $ m o 0 0 o 'm ¢ ti B m E @ C E @ w E w co U ° - c v c u u C u E v C o v ❑ 0 ° eg & �. 0 1° v c �_ o- n c? v o c co E v F 'o F c. co 'a o o g o fi CO d ° c ° w g 3_ F F m o F F H N a Q i0 - j S �m = c c ❑U ._Q .a`5nn _ :__c i . v Q m N ary v w ¢ U im n tIo d $ r r ry ? m m 1d o o w m m le 10 m uwi 16 m r w 16 OE 0 N r u N m a 29 pp 0 7 G Co „p c m o0 o I Y� o 0 0 0 0 o p p o 0 0 < o 0 0 o O O p 0 0 8 m N m N 0 N b °. N m ° .. p 6 O I°n °n O M 2 u ° o 00 n 0 m 0 0 m m 0 0 o 0 n 00 n 0 n 0 0 r 0 n 0 n 00 n 0 n 0 n 0 r 0 °o °O °p °° °o °o °o °O °o Z N N N N N N N N N N N N N N N N Z LL P O O O 7 7 7 7 7 7*7 7 P P_ P_ a s 4 7 O N N N N 7 N N N N N LL N lV IV N N N N N N N IV N 0 0 0 0 0 o p o o O O o 00 Y Y Y Y Y Y Y Y Y Y Y Y Y p DID p❑ m m m m N N N to to p > ❑ > p > ❑ > p ❑ p O ❑ ❑ ❑ O ❑ O O p ❑ ❑ 0 U U K U K U ll 1 U U U U U U U U U U U U U U °o o ° 0 ° o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � u 0 0 0 0 o o O p o o O p o 0 N O N O N O N O N N N m m m m N m N N N N N WW ❑ O O O o o o o 0 0 0 0 0 0 0 0 0 3 3 3 3 3 w �°° l°d J O n m o T n o OI n tm+l o P ' r Im'f o ` M n n n fml n M N I? n n m n I? n I? m I? x m 1`mj x m II? x m M x O x x x x x x' x x'' x x' x y N o O O o VI o 0 o O O o O° O o O o 0 0 0 J' n Ip Y O N O N N N O O O O Q Ip Ip ly O N P y°j O O O O Z r m P N 0 � O p O 00 O O O 00 O O O O O O °O O O O O f O O O O O O O O O O O O O Z W'J 1� O n P m CI O P O N N m N O P m N m O VOj O O O O O O O O t E `d a y m `m E y w < a v O `v b E .. O y O q o .Y d N g 3 to F_ q a? U Ci R m a a W¢ ap ° LL °I E IL, ❑ .- u m m a° 'E 3 a' oW a' m Io ❑ �°- p I� '0 m$ O 0 m J `m E m m< 0 E E. E LL E. E W$ E¢ o m o o U E E E V ° n p d > 6 °c O E E E E E o °$ m om m m W Q ~ `o m c o u Id Z LL U F y J~ C~ Z O m U U K N W 6 L O O U O d W a 0E a 0 M O rl N m a 30 r sX F' O° o ° °o o° °o o = ° O ° ° ° ° O 4 W o C a 0 0 ° 0 0 0 0 o F o a °o o 0 0 0 0 0 °oV °o 0 0 o 0 0 O 0 o 0 0 0 0 0 o 0 0 o 0 o 0 0 0 0 •J• N o Nd 0 o O o o ry < ry ry W VN < pN Y PN yNy Y d yNy d yNy pN pN P yN y d d y 10 td0 � � b IPO O O O O O LL O o O O O O O O O o O O O O O O O O O o O LL LL N N N N (V N N N N N N N N N N N N N N N N N N N tV N d d d 6 d d d d d d d d d d 6 d d d d d d d N N N N N N N N N N N N N N N N N N v U❑❑❑❑ U U U U U ❑❑ v U U U U U U U U U U U U U 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 O 0 ❑ 0 0 ❑ ❑ ❑ ❑ p ❑ ❑ O ❑ p ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ p ❑ ❑ ❑ ❑ (n 0 N 41 VI (n fn f/1 N N N N UJ N f/1 N f/1 N VI N N VI l/1 N N fn N O ❑ ❑ ❑ O ❑ ❑ 010101 0 ❑ 0 ❑ ❑ O ❑ O O ❑ O 1 101010 ❑ ❑ ❑ N U U U U U U U U U U U U U U U U U U U U U U U U U U U W p ° o ° ° ° °o °o °0 0 0 0 °o 0 °o 0 0 0 0 0 0 0 t � U O o 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 W NO N N N N N N N N N N N N N N N N N N 0 °0 0 0 0 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 U U U U U U U U U U 0 U U U V U 0 U U U U U U V U U U U U 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 m m m m 0 0 N m ♦a 0 0 b N h N m 0� 0 b J n n n M n� n n M N th n 17 oX I t7 OI t'1 m M O IN] tN'1 JO( xh X X X X X X X X X X X X X X X X X X X X X % X X X X X F F 0 0 0 0 0 0 O O O O O O O O O O O O O O O O a O O Oo i 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 N d d d d 0 o d d d d d d o d d d d o d d v d o d S C O O Oo O O O O O O z 6 o � 6 O 0 0 0 6 0 � d d G O O d d O d d O N a w E n E ❑ (� m c p O `� `m E n �. y q E � E w a g o g o W' $ n o (❑7 N °c v E i' m c - a .°-� a e a r° ❑ o m LL m t°7 p 3 2L_ g ❑& '^ o ry E�1 E c U' o E E E °y 1 2 2 4 p o a 4 a 1 a a 3 8 C O O d C U U LL a a C O -c '" -c E$ E E- C o v v v N v N N C a $ a 8 v a a a m d a E- v E E E E v w °' B y o V E E E E E E- E n o Y`� b a N U' o a o a v N °a r° r° E d m m m m a m v o d '^ i a E vd O a m n u a u e v tl A �+ n m� 5 a m a a Mop � F 's F+' z w S O U m UW r O z m w � LL Z LL LL LL T T T T T T T T T T T C C C C C E C C E C C C C C C C C C C C C C < Y V N N b b Y Y W W N N N N N N N N p p N N Y Y p p N J ] ] ] ] ] ] ] ] ] ] W W W W W W to W W W W W W W W W W W W W W W W W W W W W W W W W W W Q p p P P P P Q Q P P Q Q Q Q P P P P P P Q Q Q Q P P Q Q Q Q P P Q Q W C. L z 0 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 O O O O O O O O O O O O O O w 6 U W O 0 u 0 w 0 o � r N J 8 � o < 0 0 0 0 0 0 0 n n r ro o o e e� o o i in d d m m N Y Y C Y W t t ' '6 g g c c a a ` `o o o ` `0 0 0 0 0 o a o$ v hi F v t zi o v m m v a o d o o x v E P E f fi h $ g gy m F . .0 Q Q 9 9` v _ E t m o f v o °o d d u ° ° v u o o $ v v u G Q Q L v o E�� r° 2 v N L L ° °c $ $ v v 2 2 0 0 ° ° m m N N v v E E 0 0 m a m a r O_ m c m C N c U v N m V c C „C� Jz z T C O Y W T C O d T C O W r 0 C •• • T C M T C Y N T 0 Y W T 0 d• N T C W• T C d T C V W T C Y M T C O d W T C 6 Y T O d• Y T c p T C d W T C O Y T C O d N T O C V N T C O • W T O C Y m T O C Y W T O L 6 Y T C O Y W T C O d m UW� O = m W O O LL Z LL � N LL LL < I, UY J C W J C W J C W J C A J C W J C W J C W J C W J C W J C W 9 Cy W J C W J C W J C W J C W 9 Cd W J C W J C A J C W J C W J C W J C W J] C W C W J C W J C A y a A a W 9 W 9 W 9 W 9 A 9 W 9 W 9 W 9 A 9 W 9 W 9 W d 9 W Y 9 W Y 9 A Y 9 W • 9 W d 9 W d J 9 W d i 9 W d J 9 A •• J 0 A J 9 A • J a Y W J 9 W Y ? � O wO Y L LL d L O LL d G O LL tl• L 0 LL L 0 LL O• L 0 w L 0 LL Y L 0 LL d L 0 LL Y L 0 LL d• L O LL L O LL L O LL L O LL L O LL L O LL L O LL L O LL L O LL L O LL L O LL L O LL L O LL G O LL L O LL L O LL W < � U U W W 0 O U w 2 !3 O i S � o = y y f < T ti n � S Y i C C m y O O CW OO a q r O N % ry O cm `v c u w W o a ac u o c u ° E d 'm z y W v E 10 uvi n m m E S o 5 o pp E 3 'Q Ex -J < E z' 0 m .e v o'$ a � vh, o m w m W O O 2 LL LL LL L O d L O b L O d L O d C O Y C O d C O d L O d C O d L O d C O • C O b C O d L O d L O d L O d L O d < V O N J N J N J N J M J N ] r b J N J N J N J M J N J N J N ] N J O r J C b J y A J P 9 W A J P O W R 9] P 9 A A P O A W J P O W A J P C A A J P V A W J P O W A J P 9 A Y J P O A W J O L Y W J P 9 • A J P 9 A A J P V A A J P 9 A A 'J P 9 A d A J P a W d L L • L b L d L Y G Y L d L Y L Y L O L 0 L Y L Y L b G L L _ (J O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL O LL � U � W W C U O W O i z g LL < Lo d o y° c E c o a o c o 0 > o o w E o� a� 2 m� ,°� o n _� `o '^ '9' u is c m E 0 w Y A] E O `w a x J %a E g E `o W o w N L S' m° m$ b 4 u E _ t o% E_ 1: m ° >u i f E S S m$ Z �' y �' i5 ? & &� e c ti ts A2 6 'c $ ? U ° c S E J Q i .` Sc S i `m 'G m 'L 0 f� X i m to ] @ Tn ] o a 'W m t a A m « `m d a m `A am U O d N J ]o N c° U a c$ o U V] Q 2 N S N z N N y z> N d z N n T m LL C LL o_° p a $' p— b A `b jp m c tl N S d n N A rc wow m r ry 6 g C K< n d ry w E a 8 A u ei 6 5 d@ u '� o _ d E a E rn L c E CIE �s» z 2� W � rrri pi U m w z m W 0 0 LL 2 u. LL LL T C O u T C O u T C O a T G 0 a T C 0 a T L 0 m T C 0 a T G 0 a T C 0 Y T L 0 m L O d T L O u T L O m T C O Y T L O Y T C O Y T L O m T L O m T C O a T G O • T C O a T C O o T C O a _T O s T G O u < V N J b J p J tl J M J N J tl J N J N J N J N ]] W N J N J N J N J p ] W J J J J M J b J] A N J N W J 9 W W J D W A J 9 A W J L W W J 9 W W J L W A J 9 W W J]] 9 W W V W W 9 W W J O W W J O W W ]]] C W W 9 W W 9 W W J L W A J C A A J V A W J V A W J p A J O A W J L W W J V W W J 9 W W J 9 W j K 0 L a L m L m L m L Y• L L Y L d L Y L O• L L Y L a L g L O L a L Y L m L d L • L Y L Y L 0 L m L _ W O LL O LL O LL 0 IL 0 LL 0 LL 0 1L LL 0 O O LL LL LL LL O LL LL LL LL LL LL LL O LL O LL C U V W W 0 V Q W � J O r r 0 g a o < < p N T W � � 9 6 b E `m o h S m ti " TO `m a 0 OI 2 y a< b LL $ Z t .6 � n ` 5 n r Z5 O L ` Y _ o . r n U b 8 ` K_ �E 2° 10E O O V N a 36 Y ~�C 2 (� 8 O U m w m W p p LL 2 LL J a� LL LL T T T T T T T T z T r T L. T T T C 0 C 0 C 0 C O C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 tl m m m o•• b m•• Y• m o 0 C C C C C C C im' C C• C L C Lo' C L•' C@ L C Y C L C9� L C0 L C t C Ytl C Y• N W P 9 Y P q Y w P 9 Y W P D m W P O m W P D tl W P 9 tl W P 9 tl W P 9 Y W P 9 d W P 9 0 W P 9 d W• P 9 0 P D 0 W P D 6 W P D m J L L L L L L L L L L 2 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 W LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W � U U W V O W � J ~ f7j J O < D y ,IL O W C W W Z Z `m N u E L e g • w L LL O LL � C Y � a E °• a K o LL v W° p m '6 FL rn Y m m o 94 Q p v m o m LL e m E a$ x c c o w° o_ o o` o o E o u_ � N D aD � N y> • awi W w • L" • D W L� i F Z� O Z U O t/1 Si W m> m m L W yO_ N Y b W L K X W N W W O W V) W IY 6 W LL' 10E O O V N a 36 b aka J T nO V (W� r O = W m O_ O LL Z LL � N LL LL T T T T T T T T T T T T T T T T T T T T al T z T T T T T T C O C O C O c 0 c 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C O C O C O C O c O c O c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 c 0 C O C O C O C O <. d aJ d Y Y d d d V•• Y Y d• V Y Y • 6 6• Y Y Y Y Y d V 0 0• J J J J J J J J J J O J J J O J J J J J J O J J J J J J J J Em L Ek L E Y E Y Em L Em L E VO Em L Em L E@ L E C E C C@ L Cm L C L 14! L EY L E Lm' E@ L EC L C@ L EY L 4 t4 t NR L CR L C C Cat L Cm L Cm L Cm L Cm L w W J W J A J A J W J A J W J W W W W A A W W W W W W W J W W J W P a W Y P a P s P a W P a A P a W P a A P a w P a W P a W P a W P a W P a A P a W P a W P a W P O A P a W P a W P a W C C W P a W P a W P a W P a W 0 P a A P a W Y P a Y W P a Y P a W Y P 9 W d ' W 0 0 0 0 0 0 0 0 0 0 0 0 LL 0 0 LL W LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL � V U W U O w � J O � N 7 8 $ o < O n O N 0 0 0 0 y N O VI O m m O O O O O O O O O LL O 6 m > m O LL d n o a y o E ay y d E E z N s LW y L O N ^mod p C OI V O m Gw Ey Q W y 6 y O Y• p�j z cm 2 5 m u is ry Y m F ¢ K U O U' N¢ to a Jc (7 U' K¢ H y_ a B y U K ii G Y¢¢ .y J N • ; � 3 O A • O � o 0 N r m m a 37 COLLIER COUNTY HEALTH DEPARTMENT O Fee Schedule Fiscal Year 2005 -2006 CCHD CLINIC FEE SCHEDULE Physical Exams Immigration PE (Adult) with CXR, PPD, NPR, HIV 175.00 Immigration PE (Child) 115.00 MD Completion of 1-69,,j INS Immigration Form 30.00 P8 Alone, no other teats (F.mploynrent, Sporn PE) 50.00 Employment PE with PPD, It 60.00 Pre Vaccine Titers Measles 20.00 Rubella 20.00 Hepatitis B Pre- Emplaymeal Screen (HBsAId 20.00 Hepatitis Panel A, B, and C Panel - No Risk Identified 25.00 Varicclla 20.00 Vaccines - Pre - employment; or optional per pt. request MMR Vaccine 60.00 Hepatitis B Vaccine (Single Dose) 50.00 Hepatitis A (Single Dose) 50.00 Tetanus Vaccineor TD Vaccine 25.00 Varicella Vaccine 7500 Post Exposure Rabies Vaccine Single Dose (Insurance Billed) 150.00 Pre - Exposure Employee Rabies Vaccine (single dose) 150-W Administrative fee for Rabies Vaccine - 15.00 Flu Vaccine 15.00 Pneumonia Vaccine 35.00 Twinrix (Combined Hep A and B) 50.00 HIV Hy Test to DOD Lab (turnaround to days) 10.00 HIV Testing (TO Lab Corp - turnaround 2 days) 10.00 Rapid HIV Testing 20.00 TH CXR only (folllaw -up to previous X -ray) 40.00 CXR with reading &Fulluw-up Nursing Evaluation Visit 60.DO LTBI Employment Package (PPD, CXR, Evaluation, INH if needed) ;00.00 PPD placement & reading 20.00 TB Evaluation Visit - Client brings X- ray & PPD documentation 75.00 MD /ARNP Visit 50.00 IN Visit 40.00 STD STD Exam (RPR, HIV, GC, CHL) 5500 Thin Prep PAP 10.00 HPV 7500 Treatment for Coadyloma, only 51)00 HIV /AIDS Health Education Class -individual 50.00 HIV /AIDS Health Education Class - institutional group t5o.00 ENVIRONMENTAL HEALTH FEES FOOD Plan Review(State fee = 535 /hr) 50.00 Per Hour Reinspection (State Fee = 830) 50.00 One time fee J: \Fiscal \special joe \Core Contract 0506 \fees after changes.xls 3 COLLIER COUNTY HEALTH DEPARTMENT Fee Schedule Fiscal Year 2005 -2006 GROUP Plan Review 50.00 Per Hour Reinspection 50.00 One Hme fee Construction Inspection 50.00 One time fee Adult Family Care 150.00 Annual Fee Assisted Living Facilities 250.00 Annual Fee Child Care >50 Children 350.00 Annual Fee Child Care<So Children 150.00 Annual Fee Residential Facilities 250.00 Annual Fee Schools <200 persons 150.00 Annual Fee S01001,s>20o persons 500.00 Annual Fee Other Group Facilities 150.00 Annual Fee MOP Plan Review 50.00 Per Hour Rem.pcetion 50.00 One time fee TANNING Plan Review 50.00 Per Hour Reinspection 50.00 One time fee SWP Reinspection routine inspection 7500 One timefee Construction Final Reinspection 100.00 One time fee Bacteriological Fee 250.00 Annual Fee Rough Plumb Inspection 50.00 One time fee Renovation Inspection 50.00 One time fee Exempt Pool 100.00 One tlme fee Operator Certificate 20.00 One time fee Operator Course 75.00 One time fee WATER Water Letter 30.00 One time fee Bacteriological Sample (one time occurrence) 25.00 One time fee Sample Collection (one ti me occurrence) 60.00 One time fee Nitrate Sample (one time occurrence) 6o.00 One time fee Bacteriological Sample (people we regulate) 1500 One time fee Sample Collection (people we regulate) 40A0 on. time fee Nitrate Sample (people we regulate) 6o.0o One time fee Lead Sample 30.00 Sodium Sample 25.00 Chloride Sample 20.00 OSTDS (onsite seage disposal program) Development Plan Review 20.00 One time fee Incidental Plan Review 10.00 One time fee Conscoction Permit Application (State = $50) 160.00 One time fee Final Cover Inspection (State = $50) 75.00 One time fee ATU Permit (State = $5o /yr) 150.00 Annual Fee PBT Permit (State = $5o /yr) 200.00 Annual Fee Reinspection (State = $50 /yr) 75.00 One time fee Repair Permit (State = $85 /yr) 200.00 One time fee Septic Letter 30.00 One time fee J: \Fiscal\special joe \Core Contract 0506 \fees after changes.xls 10E COLLIER COUNTY HEALTH DEPARTMENT Fee Schedule Fiscal Year 2005 -2006 DENTAL (none eat by State) DIAGNOSTIC Diagnostic Casts Initial Oral Exam - D015o Periodie Oral Exam - Doa2o Limited Oral Exam- Problem Facesed- Datgo X -RAYS immoral-occulmn Intraural Complete Series Pcriapicel first film Periapical -rach addt'I film Bitewing- single Film Bitewings two films Bitewings -four Films Panarex Film PREVENTIVE Routine Child Prophylaxis Prophylaxis Adult Topical application of Fluoride Oral hygiene instruction Sealant Periodontal Scaling and Root Planing (per quadrant) Crass Debridement Periodontal Prophy Gingivectomy /gingivoplasty per tooth Probing RESTORATIVE (FILLINGS) Amalgumone surface, permanent Amalgam -two surfaces, permanent Amalgam -three surfaces, permanent Amalgam -four or more surfaces, permanent Resin - one surface, anterior Resin - two surfaces, anterior Resin -three surfaces anterior Resin -form• or more surfaces or involving incisal angel- anterior Resin - one surface posterior - permanent Resin - two surfaces posterior - permanent Resin - three or more surfaces posterior-permanent Resin -four or more surface posmior Composite Resin Crown Ant Stainless- Steel- Primary Recement Space Maintainer Fixed Appliance Therap Revovable Appliance Therap Replacement of Lost/ Broken Retainer Recement Crown Prefabricated Resin Crown ENDODONITCS Vital Pulpotomy Resorb Filling Ant-Primary Resorb Filling Post- Primary Pulp cap - direct (excluding final restoration) Pulp rap - indirect (excluding final restoration) Gross pulpal debridement primary and permanent teeth Apexification /recalcification - initial visit Apexifimtion /recalcification - interim medication replacement Apexificatlun /recalcification - final visit Tooth re- implantation and /or stabilization of accidentally evulsed or displaced tooth and /or alveolus 29.00 93.00 20.00 16.00 20.00 32'00 00 48.00 6,poo 27.00 37.00 39.00 *oo 132.00 t 09.00', QL00 171.00 Code... _..- D0170... D01g0 D02go D0210 D0220 ". DoMa D0270 DOF4 b03 j0 DD20 Dino Dino DM y39e3 3 YMO 3 J'. \Fiscal\special joe \Core Contract 0506 \tees after changes.xls .may.. t} 10E COLLIER COUNTY HEALTH DEPARTMENT 25.00 Fee Schedule 20.00 Pneumonia Fiscal Year 2005 -2006 VITAL STATISTICS (Guidelines in IS 382.0255 - all counties different) ORAL SURGERY (EXTRACTIONS)`,: ='` y're 8.00 Simple extraction, first moth ildp D? Surgical extraction, erupted tooth S1�gf10: MIM Soft tissue impaction 24900. Partial bony impaction -, ADJUNCTIVE SERVICES IRM(sedative filling) Analgesia, per visit 0.00 D2 Incision and Drainage ,1�9.UPj Consultation (diagnostic service provided by dentist or Z Win Q9 physician other than practitioner providing treatment Dry Sockett Treatment 95.00 D9 Behavior Management '$5.00 D9 Sahrre removal 20.00 D9 Injection of nmacaine yq.OQ J31 Space Maintainer unilat 2�$g3�.0p IM Space Maintainer bilat :.. D6 Analgesia (Nitrous) 4!'*09 ' IMMUNIZATION (none set by State) Flo Vaccinations 25.00 Flu vaccinations 20.00 Pneumonia 35.00 VITAL STATISTICS (Guidelines in IS 382.0255 - all counties different) Death Certificates 8.00 Birth Certificates 10.00 Birth Certificates 6.00 HEALTH RR0M0170$CLAW991j"90jlW"b � A MIM Tobacco Education for Youth 1500 r Sponsored, group hitting First copy Each additional per person 4 JAFiscal \special joe \Core Contract 0506 \fees after changes.xls 10E JOG MEMORANDUM Date: November 30, 2005 To: Gail Hambright Tourism From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: DEP Agreement No: 05CO1 Beach Erosion Control Program Enclosed please find two (2) originals of the document as referenced above, (Agenda Item #lOG), as approved by the Board of County Commissioners on Tuesday, November 29, 2005. The Minutes and Records Department will obtain one original for public records. If you have any questions, please call 774 -8411. Thank you, Enclosure (2) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10G 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) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2.Heidi Ashton Chlldm M �re�1e County Attorney's Office G/V� 10 -g 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 Gail Hambright Phone Number 213 -2966 Contact appropriate. (Initial) Applicable) Agenda Date Item was 11/29/05 Agenda Item Number 10 -g Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 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 /� 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 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 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! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 10G Agenda Item No. 10G November 29, 2005 Page 1 of 27 EXECUTIVE SUMMARY Recommend Approval of the attached FDEP Cost Share Contract ($6,321,752.00) for the construction and monitoring of the City of Naples /Collier County Beach Renourishment Project No. 905271. OBJECTIVE: Obtain approval of the FDEP Cost Share contract that sets out state and local funding limits for the City of Naples /Collier County Beach Renourishment Project. CONSIDERATIONS: The FDEP Cost Share Contract sets out state and local funding limits for the construction contract and the Biological Monitoring and Post Construction Monitoring. The Pre - Construction Monitoring, Construction Management, Reef Design, Reef Construction and any additional design services will be submitted once the Scope of Work and pricing have been developed on our part. Total state funding will increase as these other portions of the project are submitted for review and consideration by the state. This contract will be amended accordingly. COUNTY ATTORNEY FINDING: The County Attorney has reviewed and approved this contract. ADVISORY COMMITTEE RECOMMENDATIONS: At the October 14, 2005 Coastal Advisory Committee Meeting this item was unanimously recommended for approval 5 -0. At the November 7, 2005 Tourist Development Council Meeting this item was unanimously recommended for approval 7 -0 FISCAL IMPACT: If this contract is not approved, other sources of project funding will have to be developed or the project delayed. FDEP reimbursement revenue ($5,167,400.00) comprises part of this project's FY 06 budgeted funding. Current FDEP reimbursement obligation under this contract totals $6,321,752.00 with total remittances to the County extending through FY 07. Contract amendments are expected which may increase FDEP's reimbursement obligation. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve the FDEP Cost Share Contract for the construction and monitoring of the City of Naples /Collier County Beach Renourishment Project. PREPARED BY: Gary McAlpin, Coastal Project Manager 10G DEP AGREEMENT No: 05COI FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT ") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and the COLLIER COUNTY, whose address is 3050 North Horseshoe Dr., Suite 218, Naples, Florida 34104, a local government, (hereinafter referred to as the "LOCAL SPONSOR ") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Erosion Control Program; and, WHEREAS, the LOCAL SPONSOR has the capabilities of performing the task associated with, and has demonstrated a financial commitment to, the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the PROJECT), as defined in Attachment A (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee ", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on September 30, 2007. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after the execution of this contract, shall be eligible for cost sharing by the DEPARTMENT. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. DEP Agreement No. 05COI, Page 1 of 8 10G The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22 -R37; Park Shore between DNR reference monuments R43 -R54; and Naples between DNR reference monuments R58 -R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding. The life of the PROJECT is defined as ten (10) years commencing upon the completion date of the construction task under this PROJECT. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each eligible project item must be obtained from the DEPARTMENT prior to the initiation of said item. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Task # Eligible PROJECT Items Estimated Project Costs Federal DEP Local Total 1.0 Construction 2005 $0 $6,031,038 $12,445,275 $18,476,313 2.0 Monitorin (Physical & Nearshore Biological), $0 $290,714 $655,929 $946,643 TOTAL PROJECT COSTS 1 $0 $6,321,752 $13,101,204 $19,422,956 The DEPARTMENT's financial obligation shall not exceed the sum of $6,321,752 for this PROJECT. Further, the DEPARTMENT's share of the non - federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 1.0, shall be cost shared at 32.642 %; and Tasks 2.0, shall be cost shared at 30.71% of the applicable PROJECT eligibility set forth in Attachment B -1. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 8. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 9. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. 10. Paragraph intentionally left blank. DEP Agreement No. 05CO1, Page 2 of 8 10G 11. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at www.dbf.state.fl.us /aadir /reference guide. The LOCAL SPONSOR will submit a request for reimbursement of funds on the forms provided as Attachment D (Request For Payment, PARTS I - W), attached hereto and made a part hereof, on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 12. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 13. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period. Schedules shall be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. 14. Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E (Project Completion Certification). DEP Agreement No. 05CO1, Page 3 of 8 10G The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL SPONSOR, or at the DEPARTMENT's convenience, for a completed eligible PROJECT item task during the term of this Agreement. A completed Project Completion Certification must accompany the payment request that identifies the eligible project items completed for which release of retained funds is requested by the LOCAL SPONSOR. 15. Pursuant to Chapter 161.101(17), Florida Statutes, the LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 16. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation ", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 17. The LOCAL SPONSOR's Project Manager for all matters is Gary McAlpin, Phone: 239/530 -5342. The DEPARTMENT's Project Manager for all technical matters is Becky Roland, Phone: 850/922 -7857 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922 -7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 18. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 19. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 20. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Gary McAlpin Collier County 3050 North Horseshoe Dr., Suite 218 Naples, Florida 34104 (239) 530 -5342 DEPARTMENT Dena VanLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399 -3000 (850) 922 -7711 21. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. DEP Agreement No. 05COI, Page 4 of 8 10G 22. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 23. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment F summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grants Program Administrator at 850/922 -7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number FSAA_CL2) that can be found under the "Links /Forms" section appearing at the following website: http://www.fsaa.state.fl.us/ The LOCAL SPONSOR should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 24. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 25. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 26. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 27. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. DEP Agreement No. 05CO1, Page 5 of 8 10G 28. To the extent required by law, the LOCAL SPONSOR will be self - insured against, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self - insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 29. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 30. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 31. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487 -0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 32. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. DEP Agreement No. 05CO1, Page 6 of 8 10G 33. The LOCAL SPONSOR warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida Law, and that such self - insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 34. The purchase of non - expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 35. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease- in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 36. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 37. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 38. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 05CO1, Page 7 of 8 10G IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. COLLIER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Title: *Chairman Secretary or d si ee Date: // oZ� -Q✓ Date: q /Z7ll>f FEID No. ATTF ST 7W I GIST ., E . .8 ROCK , CL€ RK DEP Grant Program Administrat �hlle APPROVED as to form and legality: run SW /tLLhS1 1� ,�ptore' _ ���8�i��� 31 sufficiency DEP Attorney Colleen M. Greene Assistant County Attorney *If someone other than the Chairman signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments /Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (2 pages) Attachment B Funding Eligibility (3 pages) Attachment C Contract Payment Requirements (1 page) Attachment D Request For Payment (4 pages) Attachment E Project Completion Certification (1 page) Attachment F Special Audit Requirements (5 pages) Item # Agenda l I Date ` c ;'e Il -3D -0S Rec'd _ DEP Agreement No. 05CO1, Page 8 of 8 10G ATTACHMENT A PROJECT WORK PLAN COLLIER COUNTY BEACH NOURISHMENT The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22- R37; Park Shore between DNR reference monuments R43 -R54; and Naples between DNR reference monuments R58- R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http:/ /www.dep.state.fl.us /beaches /. Three (3) originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 1.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp removal, erosion control structures, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. This project includes three segments (Vanderbilt, Park Shore, and Naples) in Collier County. DEP contract, O1CO1, provided state funding for the original restoration which included only critically eroded areas of shoreline. Collier chose to expand the project and obtained a new permit to include these areas. A new cost share was developed for each new expanded segment. Segment % Eligible State Share Vanderbilt 50.75% 25.375% Park Shore 27.31% 13.655% Naples 89.54% 44.77% Initial cost estimates were above the County's budget, so the 2005 nourishment was reduced to meet the budget; however the County plans to maintain the permitted template in the future. With this in mind, the cost sharing for the total permitted project will be used for this nourishment event. The project consists of three segments (Vanderbilt, Park Shore, and Naples, however sand placement was bid on multiple sections. The sections do not correspond directly with critical and non - critical areas of shoreline but, cost share could be determined for each segment by combining sections. This was necessary because each section resulted in a different cost per cubic yard of material. Beach fill costs by se segment Vanderbilt R22.5 to R37 $3,919,966.01 Park Shore R43.5 to R54.4 $3,693,828.06 Naples R58A to R79 $8,131,996.94 DEP Agreement No. 05CO1, Attachment A, Page 1 of 2 10G $ eligible by segment Vanderbilt $3,919,966.01 X.25375 = $994,691.38 Park Shore $3,693,828.06 X .13655 = $504,392.22 Naples $8,131,996.94 X.4477 = $3,640,695.03 Construction costs that can not be attributed to a specific segment (mobilization, performance bond, environmental monitoring, and sea turtle monitoring) will be cost shared based upon the ratio of the combined state funding share and total construction costs for beach fill. This was determined as follows: = sum of $ eligible /total beach fill costs = 5,139,778.63/15,745,791.01 = 0.32642 (32.642 %) Based on the State cost sharing described above the total state funding for construction shall not exceed $6,031,038. 2.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Monitoring requirements are consistent between segments. Unlike construction where unit costs vary between segments, monitoring unit costs are consistent. As such monitoring for the nourishment shall be cost shared at the ratio of eligible shoreline length to total permitted shoreline length. This was determined as follows: Segment % Eligible State Share Vanderbilt 50.75% 25.375% Park Shore 27.31% 13.655% Naples 89.54% 44.77% Overall: 61.42% 30.71% The approved SOW for biological monitoring totaled $857,819.80 for pre and post construction efforts. The total state share shall not exceed $263,436.46. The pre - construction physical monitoring was approved for a total cost of $88,822.30. The state share shall not exceed $27,277.33. DEP Agreement No. 05CO1, Attachment A, Page 2 of 2 ATTACHMENT B FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT Vanderbilt Beach Segment Project Boundary: 350' south of R22 to R37 Approximate Shoreline Length: 15,055' Public Access Delnor- Wiggins State Recreation Area* Vanderbilt Beach Road* On -site Adjacent Total Spaces Spaces Spaces 340 0 340 149 18 167 *Primary beach access containing a minimum of 100 parking spaces and public restrooms. Qualifying Hotels La Playa Area determined to be publicly accessible 350' south of R22 to 150' north of T25 R26 to 110' north of R31 Area determined to be critically eroded R22.3 —R30.5 Total eligible shoreline length: 7,640' Total project shoreline length: 15,055' Percent eligible for State funding: 50.75% Qualifying Shoreline 360' Total Length 2,640' 5,000' 10G *State eligibility incorporates the total project length (critical and non - critical) and eligibility only recognizes publicly accessible critically eroded shoreline. DEP Agreement No. 05COI, Attachment B, Page 1 of 3 10G Parkshore Segment Project Boundary: 60' south of R43 to 390' south of T54 Approximate Shoreline Length: 11,330' Areas determined to be critically eroded R50.65 — 390' south of T54 Total eligible shoreline length: 3,094' Total project shoreline length: 11,330' Percent eligible for State funding: 27.31% *State eligibility incorporates the total project length (critical and non - critical) and eligibility only recognizes publicly accessible critically eroded shoreline. DEP Agreement No. 05CO1, Attachment B, Page 2 of 3 Total On -site Parking Spaces Adjacent Eligible Public Access Public Permit Total Spaces Spaces Horizon Way 28 14 42 0 28 Velada Way 27 10 37 0 27 Area determined to be publicly accessible Total Length 160' south of T51 to 240' south of T54 3,094' Areas determined to be critically eroded R50.65 — 390' south of T54 Total eligible shoreline length: 3,094' Total project shoreline length: 11,330' Percent eligible for State funding: 27.31% *State eligibility incorporates the total project length (critical and non - critical) and eligibility only recognizes publicly accessible critically eroded shoreline. DEP Agreement No. 05CO1, Attachment B, Page 2 of 3 10G Naples Segment Project Boundary: 1,500' north of R58 to R79 Approximate Shoreline Length: 19,460' TOTAL On -site Parking Spaces Adjacent Parking Spaces Eligible Public Access Public Permit Public Permit Spaces Lowdermilk Park 52 162 0 0 52 81h Avenue North 21 0 0 0 21 71h Avenue North 10 2 0 0 10 North Lake Avenue 19 18 0 0 19 61h Avenue North 6 4 0 0 6 51h Avenue North 0 0 0 0 0 4th Avenue North 11 4 0 0 11 3rd Avenue North 10 4 0 0 10 2nd Avenue North 12 4 0 0 12 l St Avenue North 11 6 0 0 11 Central Drive 8 4 0 0 8 1 St Avenue South 5 11 0 0 5 2nd Avenue South 7 4 0 0 7 3rd Avenue South 8 6 0 0 8 4th Avenue South 10 5 0 0 10 5th Avenue South 21 0 20 15 41 6th Avenue South 4 8 0 0 4 71h Avenue South 10 6 0 0 10 81h Avenue South 6 5 0 0 6 91h Avenue South 11 4 0 0 11 10th Avenue South 15 6 0 0 15 11th Avenue South 8 5 0 0 8 Broad Avenue 20 0 28 0 48 121h Avenue South* 4 0 103 0 107 13th Avenue South 22 0 9 0 31 141h Avenue South 16 14 0 0 16 151h Avenue South 10 8 6 0 16 161h Avenue South 16 13 4 0 20 171h Avenue South 7 3 5 0 12 18th Avenue South 12 13 14 0 26 19th Avenue South ** 0 0 0 0 0 21' Avenue South 0 0 0 73 0 *Primary beach access containing a minimum of 100 parking spaces and hpublic restrooms. * *Qualifies southern 140' of project area using 3 surplus spaces from 18t Avenue South. Oualifyine Hotels Oualifyin2 Shoreline Edgewater Motel 265' Area determined to be publicly accessible Total Length R59 to R79 17,425' Total eligible shoreline length: 17,425' Total project shoreline length: 19,460' Percent eligible for State funding: 89.54% DEP Agreement No. 05C01, Attachment B, Page 3 of 3 lOG ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (March 2003) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. The Florida Department of Financial Services, Reference Guide to State Expenditures (March, 2003) can be found at the following web address: www.dbf. state .fl.us /aadir /reference_guide DEP Agreement No. 05CO1, Attachment C, Page 1 of 1 10G Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and /or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 05CO1, Attachment D, Page 1 of ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Contract Number: 05COI Billing Number: Billing Period: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated $ Local Funds Obligated $ Less Previous Payment $ Less Previous Credits $ Less Previous Retained $ Less This Payment $ Less This Credit $ Less This Retainage (10 %) $ Local Funds Remaining $ State Funds Remaining $ Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and /or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 05CO1, Attachment D, Page 1 of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT — PART II REIMBURSEMENT DETAIL Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY Billing Number: Summary of Invoices: DEP Contract Number: 05COI Billing Period: 106 Date of Invoice Invoice Number Amount of Invoice Task No) (Eligible Project Item) Vendor Name Check Number Amount Paid Vendor TOTAL: $ Certification: I certify that the purchases noted above were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation attached hereto are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Signature of Project Financial Officer DEP Agreement No. 05CO1, Attachment D, Page 2 of Date Date 10G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Agreement Number: 05COI Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 1.0 CONSTRUCTION 2.0 MONITORING DEP Agreement No. 05C01, Attachment D, Page 3 of FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT - PART IV PROJECT FINANCIAL REPORT Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Contract Number: 05COl Report Period: Project Expenditures Task Eligible Project Items No. 1.0 Construction 2.0 Monitoring TOTAL 10G Costs Incurred Costs Incurred Total Funds This Report Period to Date Obligated $ $ $18,476,313 $ $ $946,643 DEP Agreement No. 05COI, Attachment D, Page 4 of $19,422,956 10G ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Agreement Number: 05COI *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Administrator Signature of Project Administrator Date *Requests for the Department's release of retained funds for which an eligible project item is completed may be considered in advance of overall Project Completion. If this Certification pertains only to the completion of specific eligible project item tasks, the LOCAL SPONSOR shall also provide the following information in addition to the required signature above: Requested Amount of Release Period of Services: Completed Task Description: DEP Agreement No. 05CO1, Attachment E, Page 1 of 1 10G ATTACHMENT F FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department" "DEP ", "FDEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httv:/ /12.46.245.173 /cfda/cfda.htnd. DEP Agreement No. 05CO1, Attachment F, Page 1 of 5 10G ' PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http:/ /state.fl.us /fsaa/catalog or the Governor's Office of Policy and Budget website located at htip•/ /www.myflorida.com /myflorida/ government /contacts /gpbOffice.html for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website b!V: / /www.leg.state.fl.us /, Governor's Website ft://www.myflorida.com/, Department of Financial Services' Website http: / /www.dbf.state.fl.us/ and the Auditor General's Website httt)://www.state.fl.us/aud2en. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 05CO1, Attachment F, Page 2 of 5 10G A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05CO1, Attachment F, Page 3 of 5 10G 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directl to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05COI, Attachment F, Page 4 of 5 E� Pq W N n kA 3 d az O w U � 3 U H cn cl d O aU+ ^0 ~ vUi U Yctsr w U o bA .rl O U p u4 .b ryn U U � � i-r U � lu a� � d O •U �wQ _ 3 � o O U O cd W w o m U 14; aj cts b m O N O U Q.�. O C N O O A U a JOG O � H aU.. •��..' O � O � �U N d yy Q w O m 't C4 d "U � d b .b GL a w v� w° w o f� E" � Q o y U O U dC-4 a E L F., d d Q N M .i: U rA w w O Id QM 0 A U �z u a� p., C rA a d r+ o d Q b a0+ d w U a a� u s., a a O a U y as �wr%z O O � w o GTm b o ' N n kA 3 d az O w U � 3 U H cn cl d O aU+ ^0 ~ vUi U Yctsr w U o bA .rl O U p u4 .b ryn U U � � i-r U � lu a� � d O •U �wQ _ 3 � o O U O cd W w o m U 14; aj cts b m O N O U Q.�. O C N O O A U a JOG O � H aU.. •��..' O cd to O cd �U N d yy Q w O m 't C4 O "U � d b d GL v� w° w a a 0 a Y O ,Q V NCO dC-4 3 O F., fi d Q N M t � U rA w w O Id QM 0 U u a� 8 a� rA d r+ Q UU a0+ en U a o � a a U as U �U x o GTm b o ' s cu a o 0 W � w d d u L, N CA a O a w a z U N n kA 3 d az O w U � 3 U H cn cl d O aU+ ^0 ~ vUi U Yctsr w U o bA .rl O U p u4 .b ryn U U � � i-r U � lu a� � d O •U �wQ _ 3 � o O U O cd W w o m U 14; aj cts b m O N O U Q.�. O C N O O A U a JOG r. O • O N O m 't "U d v� O� Y O N dC-4 V b Q N M rA w 0 u a� a rA UU Yr o � � a U U o GTm b o ' cu a o 0 W o w y •� N CA 0 U � � o UzM d O ++ Q rA U G w N a a a d p � .(10 0 Cd Im � � o 3 0 W�C7 V 7., a cu � cl a z O Q N n kA 3 d az O w U � 3 U H cn cl d O aU+ ^0 ~ vUi U Yctsr w U o bA .rl O U p u4 .b ryn U U � � i-r U � lu a� � d O •U �wQ _ 3 � o O U O cd W w o m U 14; aj cts b m O N O U Q.�. O C N O O A U a JOG 10G It 1 AMENDMENT No: I DEP AGREEMENT No: 05C01 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT as entered into on the 29''' day of November, 2005, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the COLLIER COUNTY, a local government. (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: • Paragraphs 6 and 7 are hereby revised to read as follows: 6. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table I below: TABLE 1 Task # Eligible PROJECT Items Estimated Project Costs Federal DEP Local Total 2.0 Design 2.1 Artificial Reef Design SO $8,083 $18,238 $26,321:!. Design Subtotal SO $8,083 S18,238. $26,321 3.0 Construction 3.1 2006 Nourishment SO 56,075,594 $12,537.219, $18,612,813 3.2 Construction Management SO S41,481 593.593 $135,074. Construction Subtotal $0 S6,117,075 S12,630,812 818,747,887 4.0 .Monitoring 4.1 Physical & rIwr IIogici1 SO 5290,714 5655.929 5946.643 4.2 Shorebird Si) S 10,686 524,112 $34,798 4.3 Tilling SO S11,225 525,325 536.550 Posl Com;tructio n Physicat Monlioring. SO 527,616 $62,310 $89,926 Monitoring Subtotal SO 5340,241 S767,676 $1,107,917 TOTAL PROJECT COSTS , $0 56.465,399_ $13,416,726 819,882,125 7. The DEPARTMENT's financial obligation shall not exceed the sum of 56.465,399 for this PROJECT. Further. the DEPARTMENTS share of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 3.1, shall be cost shared at 32.642%: and Tasks 11, 3.2, 4.1, 4.2, 4,3 and 4.4 shall he cost shared at 30.71% if applicable, for the specific eligible PROJECT items listed above, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table I are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall he the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECI' COSTS shall he provided through formal amendment to this Agreement. • All references to Attachments A and I) are hereby deleted and replaced with references to Attachments A-1 and fl-I. • Attachments A and D are hereby deleted in their entirety. DEP Agreement No. 05CO1. Amendment No. 1, Page 1 of 2 . , .. • _ 1 0 G 01 4 • Attachments A-1 and D-I as attached hereto are hereby added to the Agreement. • In accordance with Paragraph No. 23, a revised copy of Exhibit 1 to Attachment F is herein provided to identify the additional funds included under this Agreement, • Exhibit 1 to Attachment F is hereby deleted in its entirety and replaced with Exhibit 1 (Revised), attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed. the day and year last written below. COLLIER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION z , \s-- --- By: _...__,-- z!",',' '`. e.,..--i* ;.----<- ,-----7 r t BY: 1. k-s- Title: 4 -1--r°--ft-k-1--).. (-1.--0(.t r,4-x, Nct ft-ct6J,4'.1-- Secretary o designee I>t Date: 411gioL Tr _ FELD No. C\4r."...... DEP Grant Pragram Administrato Approv— as to form& egai sufficiency (LP f CM 47.4g24LS2 PP. • ','II arm..an4iegahi y: Colleen M. Greene Assistant County.Nttorney . tirli DEP Art ey A *lf someone other than the Chairman signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter l'YPe Number Description(include number of pages) Attachment A-1 Project Work Plan(1 page) Attachment D-1 Request For Payment(5 pages) Attachment F. Exhibit I (Revised)(Page 5 of 5) DEP Agreement No.05C01, Amendment No, 1, Page 2 of 2 10G AMENDMENT NO: 1 DEP AGREEMENT NO: 05C01 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA 5 . Jack Wirt. Tourism Director Date oc, Ga McAlp n. doastar Project Manager Date • / lc 1L 1./ 41, • Lyn WPM, Contract Specialist Date Approved as to form and Legal sufficiency: 511010& Colleen Greene Date Assistant County Attorney *Per County Procurement Administration Procedure. Amendments that are less than 10')0 increase do not have to be executed by the Chairman of the BCC. The Department Administrator, Director, Coastal Project Manager. and Contract Specialist are authorized for approval. DEP Agreement No. 05C01.Amendment No. 1. Continuation of Contract Page 2 of 2 0 G f ' 1 ATTACHMENT A-1 PROJECT WORK PLAN COLLIER COUNTY BEACH NOURISHMENT The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22-R37: Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference monuments R58-R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding.The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables,shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http;,ii'w VAN dep.,state.11 kalaettche,s/. Thrce(3)originals on all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 Design Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization. demobilization. construction observation or inspection services, beach till. tilling and scarp removal, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. DEP Agreement No.05031,Amendment No. 1, Attachment A-1, Page 1 of I 1 0 G ATTACHMENT D-1 FLORIDA DEPARTNIENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT— PART I PAYMENT SUMMARY Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Contract Number: 05C01 Billing Number: Billing Period: Billing Type: 0 Interim Billing 0 Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if'applicable Cost Summary: State Funds Obligated Local Funds Obligated Less Previous Payment S Less Previous Credits Less Previous Retained Less This Payment S Less This Credit Less This Retainage(10%) 5 Local Funds Remaining State Funds Remaining Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee: that payment from the State Government has not been received; that the work and/or services are in accordance v.ith the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work andior services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No.05C01, Amendment No. I.Attachment D-1, Page 1 of 5 10 G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT-PART H REIMBURSEMENT DETAIL Name of Project: COLLIER COUNTY BEACH NOURISHMENT GrarlECC: COLLIER COUNTY DEP Contract Number: OSCO I Billing Number: Billing Period: Summary of Invoices: Task Date of Invoice ; Amount of No./ Check Amount Paid Invoice Number 1 Invoice (Eligible Vendor Name ' Number Vendor Project I Item> i--- . . i .. i ..,-- t i S : 1 s $ -. - S I $ S -±- - -1- ' -,__________ S _ S , I I______ _ : . , $ i 1 L _ — . ... ______ $ S $ -- $ $ L ii $ ,-, _ .... . _ _ $ $ t s $ . _ , . .. ..., S s __I S S , s, [„. .._ $ .„. . „ . . TOTAL: S „ Certification: I certify that the purchases noted above were used in accomplishing the project;and that invoices,check vouchers. copies of checks,and other purchasing documentation attached hereto are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No.05C01,Amendment No. 1, Attachment D.-I,Page 2 of 5 10G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT- PART III PROJECT PROGRESS REPORT Name of Project: COIAIER,COUNTY BEACH NOURISHMENT Grantee: COV,IER COUNTY DEP Agreement Number: 05c,01 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s)regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN 2.1 ARTIFICIAL REEF DESIGN 3,0 CONSTRUCTION 3.1 2006 NOURISHMENT 3.2 CONSTRUCTION MANAGEMENT 4.0 MONITORING 4.1 PHYSICAL& NEARSHORE BIOLOGICAL 4.2 SHOREBIRD 4.3 TILLING DEP Agreement No.05C01,Amendment No, 1, Attachment D-1. Page 3 of 5 10 G 1 . 4.4 POST CONSTRUCTION PHYSICAL MONITORING REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I)EP Agreement No.05C01. Amendment No. I, Attachment 1)-I, Page 4 of 5 10G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH EROSION CONTROL PROGRAM REQUEST FOR PAYMENT- PART IV PROJECT FINANCIAL REPORT Name of Project: COLLIEKCOUNTY BEACH NOCRISIIMENT Grantee:COLLIER COUNTY DEP Contract Number:05C01 Report Period: Project Expenditures Colts Incurred Costs Incurred Total Funds Task Eligible Project Items This Report Period to Date Obligated No 2.0 ,Desian 2.1 Artificial Reef Design 526.321 3.0 Construction 3.1 2006 Nourishment 518,612,813 3.2 Construction Management S135,074 4.0 Monitoring 4.1 Phys1c.41.4.1\101#9N.13,01,910,01 5946.643 4.2 Shorebird 534,798 4.3 Ming 536.550 4.4 Post.Construction Physical S89,926 Monitoring TOTAL 519,882.125 DEP Agreement No,05C01,Amendment No, 1, Attachment D-1, Page 5 of 5 10G , 4 EXHIBIT--I(Revised) FUNDS AWARDED TO THE RECIPIENT PURSUANT l'O Tlins AGREEMENT CONSIST OF FM FOLLOWING: II.eelerul lKesources,miwerded to the Recipient Pursuant to this Agreement Consist of the Following:, .. _. Federal l State Program C I'I)A Appropria t ion Numb , Federal Agency Ntimtxer (FDA 1 tile Funding Amount Category or ___,., State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: —.. 3 -tea.......... Federal State Program Appropriation Number Federal Agency CF'l)A ('FDA Title Iunding Amount t'aegarL State Resources Awarded to the Recipient Pursuant to this A-reement Consist of the Fnllowin Resources Subject to Section 2l5,97,F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description I undin Anntunt ., Category ._, Original Ecosystem Management and -2004-2005 l7.(Xl3 Beach 1:ms:ion Control Program 56.321,752 140126 Agreement Restoration`Trust Fund, GAA tine hero 1676 -- Amendment Ecosystem Management and 2005.2{106 37.1003 Beach Erosion Control Program 514 t 6C7 ' - 140126 No. 1 Restoration Trust Fund. (iAA Line item I696 ......... t_....._.........._..___....._.......,,...• Iota!Award J s6,46),)9 LL, ._., ..- For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Asst.-dame (C1'DAt ihop'; 2.46 245.17 elira,cfda.htmll andim the Florida Catalog of State Financial Assistance(CSFA) fhnp :state tl us fsaiveataiiogl. The setvices'purposes Mr which the hinds are to be used are included in the(Maraca scope of servicesiwotk, Any match required by the recipient is clearly indicated in the(:ontract. in the Contract. Dliii Agreement No.05CO1,Amendment No. 1,Attachment F,Fxhibit 1(Revised).Page 5 ors J. 0 G . . .. . . . . . • DEP Contract. Review Form DEP Contract No.:,I 05C01 Original Contract: Amendment No.. I Flo r Refeience:I Chattge Order No: Funding,.Increment Increase No .___ CONTRACTOR INFORMATION T)ipe: [Services I 1,(data I XJCommodities.1_1 Concesximill 1=Otheri,,,,, _ .— _____ .. ...............„.......... No inc(yrirnarylLColliet County___ Mailing Address: 3050 North I torseshoe Dr.,Sok 218 MIS Class/Grttiip: 14'411320---1 PrOeurement M---eChod: I-------. -------- ,„. .____.....................„___ _ ___...._.- CitviStateiZip Naples,Florida 34104 Are Federal Fuiuts Supporting this Contract? I N I if yes,specify federalirantaaCEDA No,below,,, if the answer to the above was"No".at the Stale funds If yes,specify the federal grant supporting this Contract hem i used as match to a federal;rant? N and CFDA below. t eintact Person" (lary.,ivIcAlpin Federal(ran CE)A 1 Phone Number 239-530-5142 H . Contractor Fiscal Yr.End: September 30 Are equipmerdpurehases authorized undel tins Contract? N Will DI P it lain own hp II ID No,c ..:,c':: -.;•-,,,,,, 5 , Are land purchases authorized under this Contract? N Will DEP/DOT retain ownership? I Name(Second:it/L._ Minority Business litilization Certified Minority Business? 1 Category: M:tiling Address Information for the(.7ontractor) Registered Minority Business? j Category: -.....,„ , .lity/Statei/dp C onine)Period: 1 iletin DareT1 Execution Thal Date71 September 10 '00 1-- , . Method of Payment:El e'oxi iteworsa,,,,,,a (14.,,i ticr161,1.6.,,1 V.c.0 D1-ixed Ptul.Lj Vce Schs,1616 LjAiR atico Paynroll i 1 . 1. ontao Person: Subject!Brief Description of Contrind:, Phone Number Adjustments to paragraph 8 i protect Items table). Contractor Fiscal Yr.End: : - - EFID Nn. . Eundin. Information: Not,I--or poietts Specify County when:work is being,pertbrintlf w1,-.4k. . (''.i ii MT, $8,485,399 Current $8.485,,399(incte:tse of .e3xxxx ms" sr x Journal'Fransfer Information{29 in ml account eakle,ilappticablel Amount: Funding Ann SI41.847) Org t ffilt, I FiF 119ourif Ell) t tamer,' iii1 (T:4741) 03;i3 1 .4e I'NFA Of Rer Artie I'ode f Cram No. 1 Module Project No. I Amount TYlft . .17 A 30 10 91A 1 116 : 1-'-',STIT I t 93091 1401'..91 [0405 / 1676 ,1T0010 :.17 1/(1.1 l' . • 0101 S6,;k21,7■12 1 11 IS 90 19 000 , 4t6 l'ATI F 1 1)1001 : 1411126 1 1.15,00, 1 1696 751)010 Pool , 1 , : 1Mi 1 1 ; SI 4647 f , _ • , i_ _____ i , , .....---„,„„--,.................................. ...._ ...,...„--- COM rivet Management Division/District I Water Resource u M,iui o tcre au/Office: Bureau of Beaches and Wetland Resources I Information: Cum rualProko Mauner: Dena VantAnclinthanfliecky Roland :fciepfuue...N ?flsInTs,....•••tris130)!.>;?:,•,!i357,,...,.., 1_,".'1? 1300 ,__ i--- ontractiievit4 A roved B -Si;wows. Date A >roved [dents Delegation of Authority for Person Excentin-i'i„. mirii4: 1 ''-- -------1,1__I =i,Z11M. ■ tift ,..„_________ „........_ ( ± ! ?P Malmo'- Reviewer Commenlie - ildiftet keEexent alive tiar. . _I -1. Bureau Chief: *If ^Of- ' Wt/ ----- ' ..----- • i Div/District Director Quidity As,suriri,ce. Contracts Administrator a'enerril iotinvel*7 DieisioniDiviiirt IRM. tXpartment(.10 *)to:lewla pilroval by au,1}Mee of 1 iosterD I(■m1586)001 rv51ar6d far 006 60114A a.c0viltv,wInKli War,,D111 1 SS,-.191 and Ale 1110.in c s IA,of 113,,1q1A6g 1.311,g(41 V 1 hf Cl, Page I of 2 DEP 55,203(08-02) 1OGL AMENDMENT No: 2 DEP AGREEMENT No: 05C01 FLORIDA DEPARTMENT OF FNVIRONMI TN I'AL PRO'II CTION BUREAU OF'BEACHES AND COASTAI. SYSTEMS BEACH EROSION CONTROL PROGRAM STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR COLLIER COUNTY BEACH NOURISHMENT THIS AGREEMENT as entered into on the 29''' day of November, 2005, and amended on the 12`x' day of May. 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and COLLIER COUNTY, a local government, (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: • Paragraphs I --38 are hereby deleted in their entirety and replaced with the following: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the COLLIER COUNTY BEACH NOURISHMENT, (hereafter referred to as the PROJECT),as defined in Attachment A-2 (Project Work Plan), attached hereto and incorporated herein by reference, and the LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and"Agreement" are used interchangeably, and the terms"Grantee","Recipient"and"Local Sponsor"are used interchangeably. 2. This Agreement shall begin on the last date executed and end on October 31, 2009, Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL.. SPONSOR or its subcontractor beginning on or after November 29, 2005, shall be eligible for cost sharing by the DEPARTMENT. 3, The LOCAL, SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services,or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to the release of funds appropriated to the DEPARTMENT. 5. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the restoration and maintenance of three segments along 10.2 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments R22-R37; Park Shore between DNR reference monuments R43-R54; and Naples between DNR reference monuments R58-R79. Approximately 1.8 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re-initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. DEP Agreement No.05C01, Amendment No.2.Page 1 of 9 BOG 6. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate each scope of work must be obtained from the DEPARTMENT prior to the initiation of said task. Failure to obtain prior written authorization for a specific task may result in the forfeiture of all retained funds associated with the PROJECT. 7. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1. Task# Eligible PROJECT Items _ Estimated Project Costs Federal DEP Local Total 2.0 Design 2.1 Artificial Reef Design $0 $8,486 $17,835 $26,321 Design Subtotal $0 $8,486 $17,835 $26,321 3.0 Construction 3.1 2006 Nourishment $0 $4,570,802 $15,283,797 $1 9,854,599 3.2 Construction Management $0 $46,749 $88,325 $135,074 3.3 Mitigation $0 $194,151 $655,849 $850,000 3.4 Additional Turtle Trawls $0 $136,500 $257,895 $394,395 Construction Subtotal $0 $4,948,202 $16,285,866 $21,234,068 4.0 Monitoring 4.1 Physical&Nearshore Biological $0 $305.198 $641,445 $946,643 4.2 Shorebird $0 $I 1,219 $23,579 $34,798 4.3 1-nnng $0 $11,784 $24,766 $36,550 4.4 Post Construction I'hysical Monitoring $0 $28,992 $60,934 $89,926 4.5 Onc Yr.Post Const.120071 Physical Monitoring $0 $147,214 $309,405 $456,619 4.6 One Yr.Post Coast.(2007)Biological Monitoring $0 $349,838 $735,267 . S1,085,105 Monitoring Subtotal $0 $854,245 $1,795,396 $2,649,641 TOTAL PROJECT COSTS $0 $5,810,933_ $18,099,097_ $23,910,030 8. The DEPARTMENT's financial obligation shall not exceed the sum of$5,810,933 for this PROJECT. Further, the DEPARTMENT's share of the non-federal PROJECT cost, if applicable, for the specific eligible PROJECT items listed above shall not exceed the following: Tasks 2.1, 4.1, 4.2, 4.3, 4.4, 4.5 and 4.6 shall be cost shared at 32.24%; Task 3.2 and 3.4 shall be cost shared at 34.61%; and Task 3.3 shall be cost shared at 22.84%.The financial totals for Task 3.1 referenced in the above table, include funding by the Federal Emergency Management Agency (hereafter referred to as FEMA), The DEPARTMENT's share of the non-federal PROJECT cost and non-FEMA portion for Task 3.1 shall be cost shared at 34.61%. 9. The DEPARTMENT and the LOCAL.., SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table I are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The I...00AL SPONSOR agrees that any costs for the specific eligible project items which exceed the estimated project costs for that item shall he the responsibility of the LOCAL.. SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. 10. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. DEP Agreement No.05C01,Amendment No.2, Page 2 of 9 ^ lOG ' l |. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B-2(Funding Eligibility),attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued, Additionally, the LOCAL SPONSOR agreoa to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. All parking must be clearly signed or otherwise designated as parking for the general public. 12. In accordance with Section 216.181(16)(b), Florida Statutes,the DEPARTMENT, upon written request from the LOCAL SPONSOR including justification for said request, and written approval from the State Chief Financial Officer, may provide an advance payment to the LOCAL SPONSOR. In addition to the written request for advance payment. the LOCAL SPONSOR shall also complete and submit the applicable portions of Attachment C-2(Advance Payment Justification Form),attached hereto and made u part hereof. Consideration for advalceslaymen1iaui the discretion o[the DI PARI MLl and shall be limited c project construction oostu only The L.0C&L. SPONSOR's cxpcmdhumy shall draw proportionally upon both the LOCAL SPONSOR's funds and the DEPARTMENT's advanced funds in accordance with the cost share ratios established pursuant to this Agreement. If advance payment is authorized, the LOCAL SPONSOR shall temporarily invest the advanced funds in an interest bearing account, and the LOCAL SPONSOR shall be responsible to the DEP&.RTMCNT for a quarterly accounting of such funds. Interest income shall be documented by the LOCAL SPONSOR's submission of a current statement of account from the financial institution or agent where such funds are invested. Interest income shall be returned to the DEPARTMENT, within thirty (30) days following each quarter as set forth under this Agreement. Attachment D-2 (Advance Payment Interest Earned Memorandum), attached hereto and made a part hereof, is provided as a sample of the document generated internally each calendar quarter by the DEPARTMENT's Bureau of Finance and Accounting for agreements which authorized an advance payment. The DEPARTMENT's Grant Program Administrator shall forward such memorandum to the LOCAL SPONSOR's Project Manager, who shall be responsible for completion of the applicable interest statement details and submission to the 1)EPARTMENT each quarter. This responsibility shall continue as long as advanced funds remain with the LOCAL SPONSOR, or until construction is completed and a final accounting on the advanced funds is completed and the unused funds and interest due the DEPARTMENT are returned to the DEPARTMENT. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the DEPARTMENT, shall be returned to the DEPARTMENT within sixty (60) days of the completion of'construction portion of this PROJ ECT. The parties hereto acknowledge that the State Chief Financial Officer may identify additional requirements that must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Chief Financial Officer,the LOCAL SPONSOR shall be notified, in writing, by the DEPARTMENT's Grant Program Administrator regarding the additional requirements. Prior to releasing any funds, the LOCAL SPONSOR shall he required to provide a written acknowledgement to the DEPARTMENT's Grant Program Administrator of the LOCAL SPONSOR's acceptance of the terms imposed by the State Chief Financial Officer for release of funds, DEP Agreement No.05C01, Amendment No.2, Page 3 of 9 G 13. As consideration for the eligible work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment E-2 (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines lOr allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.comiaadirlreference/a5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment F-2 (Request For Payment, PARTS 1 III), attached hereto and made a part hereof. These .1brms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30,and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period, of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and environmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part Ill Project Progress Report must he completed and submitted. 14. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible scope of work shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCM, SPONSOR has complied with all the terms and conditions of the Agreement and applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also he required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers(overhead, indirect, general administrative costs,and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the i)EPARTMENT's Project Manager quarterly project progress reports as updates to a project schedule, no later than thirty (30)days following the completion date of the quarterly reporting period. Schedules may be required to he submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included: tasks to be completed, start and finish dates, task duration, actual start and finish dates with actual task duration. 16. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment G-2 (Completion Certification). A final project certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified complete by the LOCA1.SPONSOR. DEP Agreement No.05C01,Amendment No.2, Page 4 of 9 10G 17. Pursuant hu Chapter l6|.|O|(|7), Florida Statutes,the LOCAL SPONSOR shall,at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled "Reach and Shore Preservation", and any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The LOCAL SPONSOR's Project Manager for all matters is Gary Mc AVM, Phone: 239/530-5342. The DEPARTMENT'e Project &4nooA*r5mrul| techui*m| matters is Vince George. Phone: 850/413-7783 and the DEPARTMENT's Gran( Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922'7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 20. Each puny hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Z|. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s)for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving 16irty(3O) calendar days written notice to the LOCAL. SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR PEfARTMENT Gary McAlpin Dena VanLandingham.Grants Program Administrator Collier County Department of Environmental Protection 3300 Santa Barbar Blvd. Bureau of Beaches and Coastal Systems Naples, Florida 34116 3900 Commonwealth Blvd.. MS 300 (239)530-5342 Tallahassee, Florida]23qA'3O0O (850)922-7711 23. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the L()C&L. SPONSOR to allow public access to all documents, paperw, loUcrs, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a)of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 24 The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT,the State. or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. D8P Agreement No. 85C{ \. Amendment No. 2, Page 5oyy 100 25, A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment I-1'2 (Special Audit Requiromumtm), attached hereto and incorporated herein by reference. Exhibit I to Attachment 11-2 summarizes the fimding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment 11-2. A revised copy of Exhibit I must be provided to the LOCAL SPONSOR /breach amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCf\L. SPONSOR shall notify the Department's Grants Program Administrator at 850/922-7711,to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment 10'2, Exhibit I when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular &'\33, Subpart B, Section 2|0 6/r determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient'Subrecipient vs Vendor Determination"(form number DFS-A2-NS)that can be found under the"Links/Forms"section appearing at the following website: The LOCAL SPONSOR should confer with its chief financial officer. audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 26. In accordance with Section 216.347, Florida Statutes, the LOCA1. SPONSOR is hereby prohibited from using ftinds provided by this Agreement for the purposes of lobbying the Legislature,the judicial branch or a state agency. 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or detuub, or any similar breach or default thereafter. DEP Agreement No.05C0|,Amendment No.2. Page 6o[0 1OG 30. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in ease any work i* subcontracted,the LOCAl.. SPONSOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the LOCAL SPONSOR shall provide,and cause each subcontractor to provide,adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 3 -File LOCAL SPONSOR recognizes that the State of Florida. by virtue of its sovereignty. is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 32. 'this Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto, 33. A. No person, on the grounds of race,creed, color, national origin,age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or he otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit o bid on a contract to provide 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 rea property to a public entity, may not award or perform work as a contractor, supplier, so6contnwtur, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. C. The D£9A&|K4ENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity o1(D5O)4O7-VV}5. 34. The LOCAL SPONSOR shall not subcontract, ussigu, or transfer any work under this Agreement without the prior written consent of the I)EPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DGP4H[T'K4BNT and agrees to he responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DGPARTMBNTxhu|| not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOC/\i. SPONSOR will he responsible for auditing all travel reimbursement expenses based on the travel limits established in Section \|2.06\, F.3. 35. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the solicitation from which an intended subcontractor was selected. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies o/the respective solicitation documents, including the solicitation and responses thereto, the bid tabulations and the resulting contract(s) including a detailed scope of work. DEP/\8recnmnt No.05CO}, Amendment No. 2, Page 7oyA ^ 1OG ' 36. The LOCAL SPONSOR warrants and represents tha it is self-funded for liability insurance,appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL 8PON88Q'n officers, *mp|oy000, servants and agents while acting within the scope of their employment sith the LOCAL SPONSOR. 37. [6e purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 38. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement(e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the L0C&l. SPONSOR's cost or time shall require an appropriate adjustment and modification(formal amendment)to this Agreement. 30. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local. health and satty rules and regulations. The 1.00AL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agr emenc 40. If a force m 'eoouocooavvh<obouoyeude|uyuorthoroxyunu6|e |ikn\ihoodoydc|ayini6e [m|fi||mcn/o[ the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven(7)calendar days. notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures, If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this Agreement may be extended,at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majcure. Such agreement shall be confirmed by letter from the DEPARTMENT'accepting. or if necessary, modifying the extension. A force majeure shall he art act of God, strike, lockout,or other industrial disturbance,act of the public enemy war, blockade,public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party upprovu|a, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The L.O(&L. SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s)or subeontractor(s) shall not constitute a force majeure event. 4|. This Agreement represents the entire agreement of'the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hcneto, and attached to the original of this Agreement, unless otherwise provided herein. • Attachment(s) A'|.B.C` 1)-I. F and F are hereby deleted in their entirety. • Attachment(s)A-2 through 11-2 as attached hereto are hereby added to the Agreement. DEP Agr ement No. O5C()i`Amendment No.2, Page 8 of 9 10G it IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. • COLLIER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Title: *Deputy County IVIAnager Secretary or designee Date: 3 —2 -e 7 Date: 3/C 7 RID No.59-6000558 fora ,f , ) sufficient,' /, . --g7 hi to , , 4 - DEP( rant Program Administrator Assistant County Attorney APPROVED as to form and legality: DEP Attorney *If someone other than the Deputy County Manager signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment A-2 Project Work Plan(3 pages) Attachment 13-2 Funding Eligibility(4 pages) Attachment C-2 Advanced Payment Justification Form(3 pages) Attachment D-2 Advanced Payment—Interest Earned Memorandum Sample(1 page) Attachment E-2 Contract Payment Requirements(1 page) Attachment F-2 Request For Payment(1 pages) Attachment G-2 Project Completion Certification(I page) Attachment 14-2 Special Audit Requirements(5 pages) DEP Agreement No. 05C01,Amendment No, 2, Page 9 of 9 � . lOG ATTACUM0NT A-2 PROJECT WORK PLAN COLLIER COUNTY BEACH NOURISHMENT The PROJECT consists of the restoration and maintenance of three segments along 8.6 miles of Gulf shoreline in Collier County. The segments consist of the following components: Vanderbilt Beach between DNR reference monuments K22- R37; Park Shore betvveen DNR reference monuments R43-R54; and Naples between DNR reference monuments k58' R79. Approximately 2.4 miles of the project shoreline has not been designated critically eroded by the Department and therefore is not eligible for state funding. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work (hereinafter referred to as SOW) for an eligible PROJECT item. These plans may be found at h1tp://=ww,dep.stuk:.f[us/bea.chem/. Three (3) originals on all written reports developed under this Agreement shall he forwarded to the Department, unless otherwise ypecifiod. Task No: Eligible Project Item: 2.0 Design and Permitting Such activities include work performed and costs incurred in advance of and in preparation for construction activities. Eligible costs may include expenses for governmental and administrative permits, construction design. and other tasks as encountered and approecl. Funding in this category ($26.32 I) was an outstanding amount per an approved SOW, from a previous contract (01CU\)' but new funds were placed in the current contract. The consultant for this contract SOW is CPE. Billings for reel design applicablc to later mitigation efforts under 3.1 of this Project \Vork Plan (PWP) will be cost shared per the overall eligibility calculated under 4.0of this PVVP . 3.0 Construction Work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the project area. Eligible costs may include mobilization, demobilization, construction observation or inspection services, beach fill, tilling and scarp r*movu|, erosion control structures, dune stabilization measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and all permits issued by the Department. This project includes three segments (Vanderbilt, Pork Shore, and Naples) in Collier County. DEP contract 01C01 provided state funding for the original r*stougion, which included only critically eroded areas of shoreline. Collier County chose to expand the project and obtained a new permit to include all three segments. A new cost share was developed for each new expanded segment. Segme nt Y66|igib|o State Share Vanderbilt 40.46% 24.23% Park Shore ]].16% 16.58% Naples 95.02Y4 47.51Y6 Initial cost estimates were above the County's budget,so the 2005 nourishment was reduced to meet the budget:however the County plans to maintain the permitted template in the future. With this in mind, the cost sharing for the total permitted project will be used for this nourishment event. One SOW approved August 2'2005 for construction ($|8,476`3l2)was submitted hy Great Lakes Dredge and Dock. Another SOW approved November 30,2005 for construction management($135,074)was submitted by CPE. DEP Agreement No. 05C0|.Amendment No. 2,Attachment A'2, Page \ of3 lOG Finally,a SOW approved March 21,2006 for additional turtle trawling($136.500)was submitted by Great Lakes Dredge and Dock. The project consists of three segments(Vanderbilt, Park Shore,and Naples). However, sand placement was bid on multiple sections. The sections do not correspond directly with critical and non-critical areas of shoreline, but cost share could be determined for each segment by combining sections. This was necessary because each section resulted in a different cost per cubic yard of material. Additionally, the volume of sand that qualified for state reimbursement had to be reduced by the portion paid for by the FEMA. Beac11.,_ii)I.costs.._.ky.segment(non-FEMA) Vanderbilt 822.4 to R37 $2,444,238.41 Park Shore 843.7 to 854.4 $2,598,833.52 Naples R57.3 to R79 $5,597,036.50 Cost share eligibility by segmentfrion-1:''1: M,A.). Vanderbilt $2,444,238.41 X .2423 -$592,238.96 Park Shore $2,598,833.52 X .1658 =$430,886.60 Naples $5,597,036.50 X .4751 =$2,659,152.04 Construction costs that can not be attributed to a specific segment(mobilization, performance bond, environmental monitoring,construction management,additional sea turtle trawling,and sea turtle monitoring) will be cost shared based upon the ratio of the combined state funding share and total construction costs for beach till. This was determined as follows: Sum of cost share eligibility/total beach fill costs 3,682,277.60110,640,108.43 —0.3461 0.3461 (34.61%) Based on the State cost sharing described above the total state funding for construction shall not exceed $4,570,802. 3.3 Mitigation Construction Additional reimbursement costs are associated with the mitigation reef construction. The following calculations are based on the DEP Biological Monitoring Plan approved April 20,2005. Specifically addressed is the coverage of 1.09 acres of hardbottom and the required mitigation. A project bid for the mitigation work was presented by Center Contracting Corporation (approved April 9,2007),for a total cost of $850,000. All three segments; Vanderbilt, Park Shore and Naples; were used to determine cost share eligibility for reimbursement of required mitigation. Segment%, of total_mitigation acreage State,Share Vanderbilt 21.24% Vanderbilt 24.23% Park Shore 63.77% Park Shore 16.58% Naples 14.99% Naples 47.51% Cost share eligibility by segment Vanderbilt $850,000 X .2124 X .2423 =$43,745 Park Shore $850,000 X .6377 X .1658 --$89,871 Naples $850,000 X .1499 X .4751 =$60,535 Other mitigation construction costs, if any,will be cost shared based upon the ratio of the combined state reimbursement costs and total mitigation reef constniction costs. This was determined as follows: DEP Agreement No. 05001, Amendment No. 2,Attachment A-2,Page 2 of 3 lOG . e ' Sum of cost share eligibility/total mitigation costs 194,151/850,000 =0.2284(22.84%) 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities.The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Monitoring requirements are consistent between segments. Unlike construction where unit costs vary between segments, monitoring unit costs are consistent. Monitoring for the nourishment shall be cost shared at the ratio of eligible shoreline length to total permitted shoreline length. This was determined as follows: Segment % Cligitalc State Share Vanderbilt 48.46% 24.23% Park Shore 33.16% 16.58% Naples 95.02% 47.51% Overall: 64.48% 32.24% The SOW approved June 28, 2005 for biological monitoring($857,819.80) covers pre and post construction services provided by CPE. The SOW approved July 5, 2005 for pre-construction physical monitoring ($88,822.30) was provided by CPE. The shorebird monitoring SOW provided by Conservancy of SW FI., ($34,798) was approved November 14, 2005. The SOW approved March 21, 2006 ($36,550) authorizes Lightner Contracting to provide tilling services. The post construction physical monitoring SOW by CPE ($89,926) gained approval November 30, 2005. Finally, a SOW approval for One Year (2007) Post Construction Physical Monitoring($147,214) has been issued to CPE, effective July 18, 2007. Similarly, a SOW approval has been issued to CPE. ($349,838) for One Year (2007) Post Construction Biological Monitoring,effective June 27,2007. DEP Agreement No. 05C01,Amendment No.2,Attachment A-2,Page 3 of 3 10G ill, ATTACHMENT B-2 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Vanderbilt Beach Segment Project Boundary: 350' south of R22 to R37 Approximate Shoreline Length: 14,920' On-site Adjacent Total Public Access Spaces Spaces Spaces Delnor-Wiggins State Recreation Area* 340 0 340 Vanderbilt Beach Road* 149 I8 167 Qualifying Hotels Qualifying Shoreline La Playa 360' Area determined to be publicly accessible Total Length 350' south of R22 to 150' north of T25 2,640' 30' south of R26 to 540' north of R31 4,590' Area determined to be critically eroded 822.3 R30.5 Total eligible shoreline length: 7,230' Total project shoreline length: 14,920' Percent eligible for State funding: 48.46% State eligibility incorporates the total project length(critical and non-critical)and eligibility only recognizes publicly accessible critically eroded shoreline. *Primary beach access contains a minimum of 100 parking spaces and public restrooms. DIE Agreement No. 05C01, Amendment No. 2,Attachment B-2, Page I of 4 10G i 1 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Parkshore Segment Project Boundary: 325' north of R44 to 390' south of R54 Approximate Shoreline Length: 11,265' TOTAL On-site Parking Spaces Adjacent Eligible Public Access Metered Permit* Spaces Spaces Horizon Way 24 14 15 53 Vedado Way 27 10 0 37 Area determined to be publicly accessible Total Length 870' south of R5()to 290' south of R54 3,735' Area determined to be critically eroded R50.65 to 390' south of R54 Total eligible shoreline length: 3,735' Total project shoreline length: 11,265' Percent eligible for State finding: 33.16% State eligibility incorporates the total project length(critical and non-critical)and eligibility only recognizes publicly accessible critically eroded shoreline. *Permit spaces are available to residents and the general public for the same price. DEP Agreement No. 05C01, Amendment No.2,Attachment B-2,Page 2 of 4 10G i 1 FUNDING ELIGIBILITY COLLIER COUNTY BEACH NOURISHMENT PROJECT Naples Segment Project Boundary: 1,050' north of R58 to R.79 Approximate Shoreline Length: 19,375' On-site Spaces Adjacent Spaces Total Public Access Public Permit** Public Permit** Spaces Lowdermilk Park* 52 162 0 0 214 8th Avenue North 21 0 0 0 21 7th Avenue North 10 2 0 0 12 North Lake Avenue 19 19 0 0 38 6th Avenue North 6 4 0 0 10 5th Avenue North 0 0 0 0 0 4th Avenue North 11 4 0 0 15 3rd Avenue North 10 4 0 0 14 2nd Avenue North 12 4 0 0 16 1st Avenue North 11 6 0 0 17 Central Drive 8 4 0 0 12 1st Avenue South 5 11 0 0 16 2" Avenue South 7 4 0 0 11 3rd Avenue South 8 6 0 0 14 4th Avenue South 10 5 0 0 15 5th Avenue South 21 0 20 15 56 6th Avenue South 4 8 0 0 12 7th Avenue South 10 6 0 0 16 8t'' Avenue South 6 5 0 0 11 9th Avenue South 11 4 0 0 15 10th Avenue South 15 6 0 0 21. 11th Avenue South 8 5 0 0 13 Broad Avenue 20 0 28 0 48 12th Avenue South* 4 0 103 0 107 13th Avenue South 22 0 9 0 31 14th Avenue South 16 14 0 0 30 15th Avenue South 10 8 0 0 18 16th Avenue South 16 14 0 0 30 17th Avenue South 7 3 0 0 10 18th Avenue South 12 13 14 0 39 19th Avenue South 0 0 0 0 0 21st Avenue South 0 0 0 20 0 *Primary beach access contains a minimum of 100 parking spaces and public restrooms. **Permit spaces are available to residents and the general public for the same price. DEP Agreement No.OSCO1, Amendment No. 2, Attachment 13-2, Page 3 of 4 1 G Qualifying Hotels Qualifying Shoreline Edgewater Motel 265' Area determined to be publicly accessible Total Length 85' north of R58 to R79 18.410' Area determined to be critically eroded R57.8 --R79 "total eligible shoreline length: 18,410' Total project shoreline length: 19,375' Percent eligible for State funding: 95.02% State eligibility incorporates the total project length(critical and non-critical)and eligibility only recognizes publicly accessible critically eroded shoreline. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 05C01,Amendment No. 2, Attachment B-2, Page 4 of 4 106 ATTACHMENT C-2 ADVANCE PAYMENT JUSTIFICATON FORM use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes,and meet one of the advance payment requirements identified in Section 215.422(14), Honda Statutes,use of this form is waived. However.the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior approval of the State Thief Financial Officer, Name/Address of the Vendor/Recipient: Contact Person/Phone No.: k Zrccment No./Purchase chase Order No.(if known); Commodities/Services/Project Description: Organizational Structure i.....__--.__...._(i.e. local gov't. non-profit corporation,etc) _ Value of Purchase or Grant; Advance Payment Amount Requested: Period Advance Payment to Cover: ❑ 90 days startup ❑ full Contract Period ❑ Quarterly ❑ Other(specify); Indicate Statutory Authority ❑215.122.FS I ❑ 216.181 F.S. tiAA Year and Line Item info: SLY Line Item. 1. Reason advance payment is required: • • • 2. The following information required for advances requested pursuant to 215.422, Florida Statues(and the Reference Guide for State Expenditures)which exceed the purchasing threshold of category two as defined in 287.017,Florida Statutes. A. Document, if applicable.the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. include the percent (%) savings to be realized. in calculating the percent savings as compared to the percent that can be earned by the State, information may be Obtained from the Department of Financial Service., 'Division of Accounting and Auditing,Bureau of Auditing at 850/410-4194 or SunCom 210-4194 regarding the current'Treasury earnings rate. B. Document, if applicable.how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. 05C01, Amendment No.2, Attachment C-2. ['age 1 43 10G • C. Identity the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181,Florida Statutes. (1 united to GAA Authorized,Statutorily Authorized,and Grant&Aid Appropriation Categories O5XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: • • I i . i Remittances must: 1)be identified as interest earnings on advances,2)must identify the applicable DEP Agreement(or Contract)No.,and 3)be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.U. Box 3070 Tallahassee,Florida 32315-3070 • • B. A letter requesting advance payment from the recipient,on its letterhead,must be attached. DEP Agreement No. 05C01, Amendment No. 2, Attachment C-2, Page 2 of 3 10G C. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits.overhead,contracts(specify services to he contracted out),equipment,if authorized(specify items to he purchased).supplies.travel. and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Quarter Third Quarter Fourth Quarter Salaries • (identify personnel-titles) Fringe Benefits Contractual Services j • (list services and estimated costs) Equipment (identify each item and cost) Supplies Travel — -.......�.__ _____...._.................._..................._ --Other(specify) —. Overhead/Indirect total._) .. —T _..... Certification Statement the forgoing information is presented to the Florida Department of Environmental Protection in support of our request tier advance payment. 1 i certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee LDIP Program Area Revievc'Approval Recommendation: ❑Approve Request (-]Deny Request 'type Name of Signatory: Date I "l itic: Bureau: Division: The DEP Program Area should forward this inIlmnation to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and legislature consultation.as appropriate. Bureau of Finance&Accounting Ise Only • DEP Agreement No. i)SCOI, Amendment No. 2,Attachment C-2, Page 3 of 3 lOG 4 ATTACHMENT D-2 ADVANCE PAYMENT—INTEREST EARNED MEMORANDUM "SAMPLE DOCUMENT" TO: Dena VanLandingham,Bureau of Beaches and Coastal Systems,MS#300 FROM: Linda Scott, Finance and Accounting Director,Bureau of Finance and Accounting, MS#78 DATE: SUBJECT: Advance Payment DEP Agreement No.: XXXX BECP Project No.: XX.XX Interest Due to DEP:(Quarterly) Pursuant to Section 216.18l(16)(b), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to comply with this statute,advance approval of the State Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later twenty (20) days following each calendar quarter(i.e.January 20,April 20,July 20,and October 20.) Advance funding disbursed(date J jisbursement) 1. Advanced funds expended by contractor covering period of (agreement execution)to(end of most recent cylendar-_gtr) $__..... 2. Balance advance funding principal available $ �.._.._......_........ 3. Interest earned on advanced funds covering period of (agreement eve cution)to (end almost most rec ent calendargtr) 4. Amount of interest paid to DEP as of fend of most recent calendar qtr) $ 5. Balance Due to DEP as of(end of'most recent calendar qtr) $ (Project Manager's Signature) (Date) Special instructions: if the grant/contract specifies that any accrued interest which is based upon a grant/contract advance payment(s)will not be paid to DEP until after termination of the grant/contract,the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1,2,3,4,and 5. Items 3,4,and 5 will be the life to date interest. If the contract states that no interest is due,quarterly reports of unexpended advances are required,lines I and 2. The line I and 2 reported amounts are on a cash basis for the advance payment principal. Do not include receivables, payables,or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP,the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information, If you have questions,please contact Lydia Louis(850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. 05C01,Amendment No. 2,Attachment D-2, Page 1 of 1 1, 0G ATTACHMENT F-2 Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures(January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budge should he reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe henefits, then the calculation t'or the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If noncxpondub|c property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017_ Florida Administrative Cude, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02` Florida 8tatuteu for subsequent transfer to the Stat . (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures(January, 2005)can be found at the fo Oowiugweb address: http://www.0dfs.umn/aadirfreference%5 Fgu i d eI. DEP Agreement No. 05C01,Amendment No.2, Attachment E-2, Page 1 of I 0 G ATTACHMENT F-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT—PART I PAYMENT SUMMARY Name of Project: COWER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Contract Number: 05C01 Billing Number: Billing Period: Billing Type: fl Interim Billing Li Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total *if applicable Cost Summary: State Funds Obligated $ _ Local Funds Obligated less Advance Pay Less Advance Pay Less Previous Payment $ _ 1.ess Previous Credits -- Less Previous Retained Less This Payment Less This Credit Tess'Ibis Retainage(10%) $ Local Funds Remaining State Funds Remaining Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received: that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto;and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No.05C0 I,Amendment No. 2,Attachment F-2, Page 1 of 4 loG 4 Ili ...... 1 2 .g w ...t..4 , 5 0 r 0 2 o ›........ a. g 14 0 4 a 0 g , r)-0 III 1 C a'0 t*— /c3 3 I ] .. i E 2 1 a1 to N 0 E o , --•,z a 3 0 s u g 4 a C ... c 0 0 .... ' • E JO 0 0 0 0 • C al S Z r 0 i Cr" 8.2''• 0 40) c ti 2 g . c• c- a I? t n a. 23 '1' f L,... 7 re • t S .0 c N MI 2 C p) r 1 e..) w 8 0.;-.t • ,.. ig th Cr) C4 m E,i" • ,x .?:, • co WU 2 a u ..... a, CA CZ - c Cd 0. () iii E • c 0, L0 c a"' 0... w ...., •-■ —7 ci B 8 8 TA og. •d 4 t' z f or a, .... • ., E— 4e,, ....., ,_-:, 0 • o a. "le, co .c w o ,.. .... „,a. 0 • 0 0 . •,..- 2 ts -• < ,-• ... .0 0) 2 > • , Ie. 0 pi C 0 Xt .4 0 •■ 1.1 0•■•• •C ill 1 81 6 - - 0 > Z ZU , Tot ,i N ** Z Z 6E at ! ...1 'is t E E. I? to : ! ,..., > ',.4.. "." 0 o. NI. 0 0 17 '4.- ra-.1 Z Coo Lro.1 ii e . . • . .6" 4. = ,C0 2 t' 0 Z . i o 5 2 0 • to* s c 1 c , < 0: 0, ) C c 7.i al E L o [,,,1 4.1 cor) ■=-. = w c t c, co m N '" r•-. WN . M." '''" > N ea • FT a 0 O... 1g 8 E tr, Z Na.. :!) 0 • 8 5 0 EL 2 1?, < 441 "4 to 0 Ls. -2 ;;; 0 0 -4 raJ .< ii 2 t !! o I 09 cii .9- 0 ofi g: * 0) - .aa 0 0 13 ti• C e P 4t = F.:. E o O N F.- 2e, 2, ii co rzo 1 i N: N Z ' tii o.11 1 • 3 E g 0 0 1 m ■ ■ t5 0 E 0' i 0 1:1....., , .0 e - - • N.. 1:a6 I . • ig /> i .r.,, ,t 0 M •',,' 0 M I • 2 - t -A2 ,(0' ..-, ... 0 E > c t c 6 rgwz ,o - .2 * * g g 0 0 -o .e. ‹ e - To • E - , Z 0 4.; u.ta E ,..., 0- ir • c z 6-.5 t... x , • ., , ,_ u 4 2 o 0 0 0 ii • „, - p. „, .0 e 2 SiD, 11,100X• t ...., - 2 11 a z II go .t0 0 2 0 .P * • i .... v.: ..• - a 8 8 8 F. 1 E % E .- pa c• nt to to t.. co to ,..9 ; t g , E P. ototnotDin to t., $ • z,to (.)$ 10G FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT-PART III PROJECT PROGRESS REPORT Name of Project: COLLIER COUNTY BEACH NOURISHMENT Grantee: CO IJJ RCOUNTY DEP Agreement Number: 05(,'01 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s)regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 Artificial Reef Design 3.0 CONSTRUCTION 3.1 2006 Nourishment 3.2 Construction Management 3.3 Mitigation DEP Agreement No.05(201, Amendment No. 2, Attachment F-2, Page 3 of4 ioG 4 3.4 Additional Trutle Trawls 4.0 MONITORING 4.1 Physical &Nearshore Biological 4.2 Shorebird 4.3 'Filling 4.4 Post Construction Physical Monitoring 4.5 One Yr. Post Construction(2007)Physical Monitoring 4.6 One Yr. Post Construction(2007)Biological Monitoring REMAINDER OF PAGE INTENTIONALLY LEVI'BLANK DEP Agreement No.05C01,Amendment No.2, Attachment F-2, Page 4 of 4 1 0 et ATTACHMENT G-2 FLORIDA DEPARTMENT OF ENVIRONMENTAL,PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: COWER COUNTY BEACH NOURISHMENT Grantee: COLLIER COUNTY DEP Agreement Number:05C01 *1 hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. Name of Project Manager Signature of Project Manager Date DEP Agreement No. OSCO I,Amendment No. 2,Attachment G-2, Page 1 of 1 � lOG � ~' FLORIDA ATTACHMENT H-2 DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection(which may he referred to as the "Department", 'DEy', 'MGp'' */ 'G>qxxw', or other name in the cmtructagrumnont) to the recipient (which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular m-|33 and Section 215.47` F.&, as revised (see'AU flITS" below),monitoring procedures may include, but not be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133. as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of'the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. EXHIBIT | to this Agreement indicates Federal fttnds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year,the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 0MB Circular A-l33. as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 0MB Circular A-l33, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall Mal the requirements relative to uvdixr responsibilities as provided in Subpart C of OMB Circular A'133, as revised. 3. If the recipient expends less than $500.000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 0MB Circular A-|B, as rcvised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 0MB Circular A-I 33.as revised,the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEPmgreeox*nt No.O5C01,Amendment No.2,Attachment H-%, Page 1vf 5 lOG 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. PART II: STATE FUNDED This part is applicable lithe recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. in the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and fir-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph I;the recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$500,000 in State financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit must he paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.cont,!fsaa'._or the Governor's Office of Policy and Budget website located at http://www.ebudget.state.flus; for assistance. in addition to the above websites, the following websites may be accessed for information: Legislature's Website http f'www.leg.state,fl.us/Welcome/inclex.cfn., Governor's Website http://www.myflorida.com/, Department of Financial Services' Website http:i/www.tldfs.com/ and the Auditor General's Website http://www.state.11ustaudgenlpagesiflsaa.htm. PART IiI:OTHER AUDIT REQUIREMENTS (NOTE This part would he used to.specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e„ the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 2/5.97(7)(m). Florida Statutes„State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes, In such an event, the State awarding agency must arrange forfinding the full cost of such additional audits.) PART IV: REPORT SUBMISSION I. Copies of reporting packages.for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: DEP Agreement No.05C01,Amendment No.2,Attachment H-2,Page 2 of 5 106 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-l33,as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor,to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Attachment shall he submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 REMAINDER.OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.05001,Amendment No.2,Attachment 1-1-2,Page 3 of 5 10G 4. Copies of reports or management letters required by PART ill of this Attachment shall he submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the inspector General,MS 40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.05C01,Amendment No.2,Attachment 11-2,Page 4 of 5 1 0 G ......... ..„, < ... _ .... . ....„ ......,.. .., ,., --- Z 0 ....0 ,>. co L. '.0 s•Z \Li. F.. 0 •r: 0 a_,) .- o CA e‘l f-1 r3 c,. CO 0 M. ‘-' tr)-• •- - < =Et.' ..." " c„ (' - I) ■‘..) C.. 0. 0. E .u E •: - - -C' CL 0 ...., .., ).... 0, C..' 0.. 0 0 T 0 .• ......) 5 2 tri 2 A f.L. • r4 < ; r- ,C) c,) 44 -4.• sr) c■-, -- C.) 1-• cd .- :L- c 0 0 o 0 _,-. ; LA. .1:-.1 . 43 cv -1- tr; -2 " - 4.:> • 'CI tin .t .0 . • 0 0 ." 0. = 0 0. = tr" vS 0 v) 0 ro - 0 0' • CLO (.., 1... ct 0 cf, .. X •.; tu Z 0 4 ., .. .- ..o.. P 0..., .... •• 0 • C. •-- c 0 a 1- 4 . C • ..... - a) Q a ,,., o a E ,,, ,.....•- E [..... 1.1 a 0 C.7 C ■-.... 4, = `-2, ..... c ,.,l- -` Lt 1.) ,.,... ;'.3- ty, , „, ... e-, 1.... ...„„ 5 Ct 0 s••• ' c < 0 „, ..... ,-. .... ... .a. ,..e? C.) .... de .... 4.) '''' i.S... C ......-- C C ' 0 ;,.,,,, ,E, 0 7..... :.«.1 v) 0 ' ° v 0 v 8 g ,-, e4 0 0 0 u >, I- Li I- :-4 -„ 1.) 0 u 0 v 0 . u 6 -o" 5 c 73 Z cr zil I) - 44 4., ,,, ,- u a u mc a. 0 ..... * (...) 4., ',..1 e .I.- a cz ...., 0 ‘.... o ..c 4-. . ... C.. .V) Q , U . 3 X I- 17 ..., 1... rcl ci) ttIS Zit cl ,"-:•; of) c/ u C ■./..1 ',.e. = .z to, 0 ,/, 0 rr, 0 4, too 7, ..... Cd c c c a. o c t=i t U (...) :-..... 1-1.1 ...k. 0 c4 E *P" " c`"' E < 2 6 en CD cn CD , 0 I= - 1,.... (..., 4, a) a• u. c --, ,....- c d 40 1... E E (f; = t-- t.--: r, cm = V) CC 44 0 ei, U O Z rn f^1 to) P .. ,.... = d 1.... 1... 0 .1. cn Ot Of H :2 d. d' e 8 - 0 .- ,,m w) 0 -,-,3 F-- :,::,), ..c := L. ...., ,.. CZ V.' \0 tr. ..... .., ... et) 0 <0 0 E- ."d ..00 .0 < ,«).■ '1' >`• c' 0 0 4▪ 0 t-J P .... r-, .... (-..1 ..... -, , c ,,,,) ;,..7, .,:t. .i.-• a .r c, c, _, r. Li Z c i,.....) la ,:), '..6 ,= c:, t 0 ■-• Ce Cl. E E LI- N N N I C. . ^..) -. ..-. • a) ... H 7f:4 . ea 4.■ t.L.1 44 15, a. .e. .. c • cr, 71 , -• ,.., a, GC >, r, att et.. >. 0 0 c V ,......= V C.> ;... E _.., v.) r.... ".-. :,o c 1- •.o .11 u 0 t:t c tZ 5 !;- 5 V S „Jrk5 LI. r- > "— r• E c Lc •••• 4, 0 2 t... to ...) - •■■-■ ../ .--.0 -- 4+ •••■• ,..8 ,,, •■.■ a4 < ..m - ..c tr c rm c , '.'} tcl ...0 ,Z1 77 XY .2. c H 0 0 ,.... IZ 3) 'ZI 45 e. * 0 .. = "." r." 0 "" L. ,0 0 1:1 CU cEEuEol) Eou 4.) .0 0 ',...- .z a) %... .z I- -LI. Q C:] CI 4.i c..) ',J.:, a4 (.7 f_LI C., L1.1 0 et • rz, 't = 0 GO L. 40 O rsi ..0 4) = = r••• < Ce 73' 5 to".1 - L. 4.> CtS CU 0 1,...1 E - E cs 1 1 ci) 75. 0 ,•-. -- g4 t'' l) E ce trt 4 P 'a 4d ''^3 d CI I., IC bh P .... .. 0...... z a, (r) 0 a •,:-.. 2 2 4.. N.. .,,,. • Z. 4. 0 t'l) z CU z E P.-0 4.. --:c.... 10G , 4 ... *a ,r,:'et• 1.111 .... e...A r-•,0 : ;.. .: -•rg C 1...* . . ...., ..., <V ." ...t L C 0 ,if) e'''■ 0 C ,s,•••••• An ::-.... ... C ....., c• rot .6 i'," ,c v: .•- 6 6 te Z .2 cel , - [AA. A v Z z v 6 -ri en 1... C ; c "-a' •- -0.! I ,-, ta. v 7. '1' a.• 0 c> -* -c co a ,Ci., c t",) .< .0 ' i : • 0 V.... ... - izzi .. ..: 0 =.6 , : 7 ... 0 v 'V'-4: '...- - •••, c.....„• ,.... _ ra) rj "0 0.; • i 54 . 0 .... f_ t..... ,... ..._ 0 v.., O • : < 0 ca r$ 75 .4 c • •••••, 0 c •-• r..) co ti, ,--_,.. •• ...... ..., c...) (.., C .1.,, - yr cl 0 „... . -'6 b" -..„ - .•- ,.... c 1-, :.,.. C r,, i; .,......''',..., ',..., CZ r■ .. 1,7 e"N G.:1 03 CU v t) • 1... ••••• 444 ', ■-, y ....."0 L., ,.... E r-., ,r9 ?..) E .- '"----•1'-',"• Q ''' 4.0 or)t)- g r , a. c:.-- .• 0 '4... ...., ..... ... Tt .c :..,.. ,... a a ,..5., c -■-• a, ,q v •- 1... .,.- ..„„ c . ' .-• ,,,,., 0 1 = u• -0 = 7-0 - IC 6.e •••0 a• "r3 -* 1., Q - c.*4•3 • tr; I5 (..) = U ,c..) Z •- '- _ v., c c... , ..• a;0., .., .r...>•- ."4 1.) •LI: o ;-... • ..,•• .9. t-A "' Al., -.--, = : 7 ,.., 0 !...<:*.' a 1 ..., . ........ = 7,... . : 4.., ...., .... ,.., Co) 0 C ;;; :I L) ".4 ..4) C... . • - Cl. •••• -,3 c "0 E •- !-- **, : : a-. > v E , v c , Z.. Z = ...e rj o .)r to . c ct v 7 ..°. .V v ._ .c v v., 4'7- .. ..... 0: ....... .. s.., ...., ,.... 6 c• -) ,.., - .... >, c•• •- 0 ,..,-: 0., t.0 el 0 L:. '...' ,.....: , ti 4. e • : . ,o c ,,P, Gl, Z ‘4 ** "0 ;5 0 cz 1.. •E 2 .. s... c ;,), v c 4..) v., - : 0 : ,.... r.,• . > F. cor'd °I);=.1 oc .... .., ea .... c ".° rc '''C' -0 r ao 0 LE) 4.,,.. L. 0 -0 ..•-• ..... . cl, 6.•: : 2 0 V 4.• Z 0 ,.., (....) 0 "0 1,..: ,,,,, U) 4 > z C.) so,-. - cd ,,..., ^ ..., tA ,--. /...° 2 .1"..' = ft Q ■-■ I. ,,4 ••••, •- ••• •-• tn •-, ;..., .r.• .... ..= . .- •- .- ,..) ,• .., r...,. ..c a) t.. 0 so t- -)A i'" ,,, . I.) ... 0.1), ... <," Cr/ ,-) ,.0 '2 ,... c_, t, 0 0 •- ms rs j o co - as 0 o 5 r.,....) 1.-- o. -e- ,..... c >6 ,...H0, 4,• 4..... = ,i, = = ,•!: Q U. j= .I.. 0 1;:e •:6 ;...1 X L0 :0 ,.. 0 •-' V '1.) - if... 0 ••••„, tii-i, C.., 0 : ,-- L- ••••: •-•,. V N 7:e •• Z C4 ii P.", ri' 2... , A... 1, .C . • 0 0 1, .0 ,. 0 9 - c a•.--.t •-• e 1..) c (-1 -- ta) :4-1, '7 .....- .z ,-',..::; o , ,....) _ :.-.. - .••.., N 0 •i:-.. ... 0.,: ,..! 0 ,.., 0 ..-:, .. " .... ed :41 , c.) a ..., ,-. eLe -7 ce: 0 Na c• '.t...4 :..... ,;12 u ,.....,.`j ri ;'-' cd ..t.....) ..,,...1 .••••• a+ >3 4-, _ 0., •-, ,.. -„ . ...c _. 0• 4.i , 0 ,-, •• v, , l, -0 .^-, .1 7' i-- • s- ,.:-, to - .---, .-..,.. .,z, .. ,,,... '0 v''''-, t,A..., F.,. p C y, v.; CG ....... -C os 40 Z C. . 4 ca c c..) 3...... V, V. . . .. ill ,.. 0 0 0 ,,,, ,„„• „, VS •G■ ... Y . = O .0 , o -a-, ,,..) a. 6,1 , •,, E ,., -4 .,. 7,.,, e i„. t... t--..r-• 'iv Z .. 0 I... ° ..0 • 7,,1 •r, . ,.; .. ,4 5 B .M - c •-- 8 --; ;,., ... ,-j CV 0 ° . 0- N •••••• i.:: V 4.) TA Z •-.■• 1... o-• = =2 2. Zo 46.. .,y).‘ zyj I ..) ...., r, ... I i ,-.. C ,..,d .0. CH 0 0' 6.• ck "0 ----' 0 -8. g .-- - o c ...--- -0: c'...' .0 . ., ._ _ ,.. 4.. ''''') ;3; C4 C-,,, 0 0 ,-, 0 ■■••• 0 L.' ••••• .0 <61 Z •••••• • 'in ,r,' '.- '4 '•=." ak, a., c a• c ..• c l 0. ,-. ,... cL. ••::.0 O. u -c 0;,-c; 1) c.) - 4.., 0 6e • I•• •-'2:n. r..I 8 .0 ,?:- 111 1 Ct. r....,3 0 IC) ' t,L) L...' r"-' • I i f < ;lc to••• < < . , ,_ 0.... cL, c,,, :.• 4.... , 0 . -<):1 " ) ,-, ..,... - .... ''''f... ' E rt 1;%4 .) 1 '.5. = •C • i ..." = 4„ . : i ,..,::: I - ..,•• Um e v, .0'v,. 2 0.6j, .),,,t, Q ..-......_,, tt, cliril ..-: ^V" 0. : ,-;,1 id i.: = ) .. cel c#,1. . 7..e. L.-. '' C.'. "......, = ttil CO ..,...1 ••■•• = 4, = =0.-"V ..... , = teto ze 9i: '-''''- .-1. 0 •••• !....... 1 i -a , v.. i ..r. ?-..f.. cc, :2 .c ,..., ..:4 ,-.;,- = 'zTE - & so .c.-4;: • •..... a Tr 3- < 4. ,ri. •.,• 4 ,.;„.:,-: ■,. C4 0 zz o ..... v., 00 < v-, ',", o ";." a-", :::::rs' ....t ••••■ '"" ‘" w) " -,s- :`,--•,r e*, c' -c r' IleIS :14. ;.=... V) C ..E. :: ''''' ,- -- ''' Q 0 rle L) 74' i A. 0 ,.., CI pi4 t r4 .1 e,) ,, c,. 0 vi b1) ci L C 0 c •••• 0, ,, 0 !..." C. 3' ith • .... AA, -•••• = -' :7•-• 0; Z V rs vl •ri, a a la• 0 • , 0 en WIS ["••• •A •. CA., i..: ** ': .A.-,A. :i .5..)i- C ")-:: ii ,.4- C -0 = ;.7.. :.....,..... :-.... + 7 e. -- -0 v •- CI ' v e.), O ,- r".. ION '..:.:. ',...•.::...1 :'.; = [..., .,Z.-.. -a .8 0. ....° 1.: - C -0 0 z„, 0 ,:, ..., N. : • 4-. < vs. ..., ...e. y. LI.; Q LI- 0 < ,,,, 0 D z- c.) 4) '.3-.. m ...., ,..., .o •.:..,•,c). ',' 0"; ,,,,,,,g ... en - .4L4 7 , 0 '''''' 25 .....'"' 't Le 71 Y., 'a ,-. zg c -,; c, . - ,_ c „.., .... c„,) c.,,,) ‘"? ....0 1 v ._ . -,- = .•-• v - • . E > - ,. •-• te -• 74 ..• ,,•• '.. - S=4 •.- 0 '-' 0 _c . •ird L...) 0 _a' ,A c...) 00 ::_-. -0:c 44, w ,..,5 c 8 0 .E * _ )•'.'0 co ai Z 2 ,.. a 2 t. Eel ••••• *4 1,..,+ .:::: g ...c. -,9 .?.. 2.:-.;-; 4, .?.C..; 8••8 f: •. _to 2 „f,-; ,__.• .-- .... - .,...,.. L, ::-. .- cil.) 0 ... 44 Z o tO c, .0.0',0: ■... = *-‘, 0 '-• u c "c z '4 ;r.' r••4 r) c ,-. - -: A e 6 k••■ .- T_1 < c 4,-- •-•c- c> .- „.... ••., 0 , ,,,, , - 0. rsj r::1 At 11. .,.. el 1. ••••• •., ..". 0 ,...., ... -••• C ce 0 r ...f, ,...) - ;.-_.>_,.., 0 Li) 0 e - . O. a a' 0 zi - •., - .,.. , -- In c c -•• - - te a, •••-•., 7' ti.• .F. g 0 :[..': •••:•:1•?,', i- E (....) V Q c ""ez, ..6 E )=-: -- ,-. , N 1-. 1-..• c ,c E. -6 I.? --,•:.: <1 c c 7. C..) (..) '0 a -, -, ,-.: Q' c c = - = .... .I., •.- ....) c., .‹. • ■ i C..) ..= 101 MEMORANDUM Date: November 30, 2005 To: Lori Olivier, Administrative Assistant Public Utilities Engineering Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Work Order #CDM -FT- 3785 -06 -01 Enclosed is a copy of the above referenced document (Agenda Item #10I) which was approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you have any questions or if I can be of any further assistance, please call me at 774 -8411. Thank you, Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP O 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 44 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) (List in routing order Office Initials Date 1 ---------------------------- appropri ate. (Initial) Applicable) 2. ---------------------------- November 29, 2005 Agenda Item Number 101 3. ---------------------------- signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. ---------------------------- by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached I' :__ ll � � �l�hL��I•i�1��u /rlli[17►1 (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 Lori Olivier Phone Number 530 -5390 Contact appropri ate. (Initial) Applicable) Agenda Date Item was November 29, 2005 Agenda Item Number 101 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 1 Attached Work Order Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropri ate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be LO 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 LO 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 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 LO signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip LO 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 WORK ORDER #CDM -FT- 3785 -06 -01 Agreement for Fixed Term Professional Engineering Services Dated September 27, 2005 (Contract #05 -3785) This Work Order is for professional engineering services for work known as The work is specified in the proposal dated October 5, 2005, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CDM -FT- 3785 -06 -01 is assigned to Camp Dresser McKee (CDM). Scope of Work: (List all tasks: Task 1, Task 2, etc.) Task A - Permitting & Agency Coordination Task E - Construction Administration Task B - Surveying Services Task F - Operational /Startup Services Task C - Detailed Design Task G - O &M Manual Task D - Construction Bid Services Task H - Environmental Services Schedule of Work: Complete work within 100 weeks from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Fund 411.273511. (List all Tasks) Task A Lump Sum $ 52,260.00 Task E T &M $ 85,900.00 Task B Lump Sum $ 34,000.00 Task F T &M $ 14,900.00 Task B T &M $ 54,000.00 Task G T &M $ 22,640.00 Task C Lump Sum $ 90,520.00 Task H T &M $ 10.2=.00 Task D T 64 $ 16,900.00 Total - - -4 $361,340.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of.lb.Q r- �Agrree�ment. /� J?JX' SJ O L� PREPARED BY: \ Peter Schalt, PMP, enior Project Manager ate �' / / tj /6 ^— REVIEWED BY: 'e / Paull� Matttta/u�sch� a r Director Date IV�� jE I U t- REVIEWED BY: LW�x William D. Mullin, P.E., Principal Project Manager Pate /U REVIEWDD BY: Ro B Anderson, P.E., Public tilities g. Director Date ( // REVIEWED BY: hJ LW Wo d, Purchasing Contracts Specialist I Date �w BOARD OF COUNTY COMMISSIONERS ATTES , Dwight E. Brock C+@ k By C oepA'R to Cha 1 roan ' s Approved as it Onl y Lecial—Owfficien, Assistant County Attorney Date: ATTEST: (Corporate Secretary) By: Type Name and Title (or),�ses (2,), i atu e / Tq Print Name Collier GQuqy, Florida By. + r Fred Coyle, Chairman Camp Dresser McKee 101 By: Sign t e _ / J Vt ' .Vl?-c: -S 1beW -/ Type Name and Title (2) ig ture Print Name %3 cc 4Pro (1124%) j 1 -7E=nA / o :L 101 SCOPE OF SERVICES Work Order CDM -FT- 3785 -06 -01 Dated: October 5, 2005 Carica Road ASR System Phase II (2 Additional Potable Water ASR Wells) Permitting, Design, Construction, and Operational Startup INTRODUCTION Collier County (COUNTY) currently operates a single well potable Aquifer Storage and Recovery (ASR) system at their Manatee Road re -pump and storage facility, which is currently in the design and permitting stage of an expansion program, which will include the construction of 4 additional ASR wells and a 6 MG above ground storage tank. The COUNTY is planning to construct a similar potable water ASR system at its Carica Road pump station site. A Class V ASR exploratory well has been successfully constructed and tested at the Carica Road pump station site. The exploratory well, now designated as SZMW -1 (previously as EW -1), will serve as a storage zone monitor well for the ASR system. An application has been submitted for a Florida Department of Environmental Protection (FDEP) injection well construction permit for a two well (designated ASR -1 and ASR -2) ASR system. The proposed ASR storage zone is the Hawthorn Zone I Aquifer, which is located approximately 287 to 403 feet below land surface (ft bls) at the Carica Road pump station. Also to be constructed are an additional storage zone monitor well, designated SZMW -2, and a shallow monitor well (SMW -1) to be completed immediately above the confining strata that overlie the ASR storage zone. The proposed ASR system will inject potable water under distribution system transmission main pressure and discharge the recovered water to the existing above ground storage tank system. The water in the above ground storage tanks is re- chlorinated before being returned to the distribution system. This cost proposal has been developed at the request of the COUNTY to provide design and permitting services for the planned two ASR well system including specifications, bid, construction observation, and start -up services. SCOPE OF SERVICES TASK A Permitting and Agency Coordination (Lump Sum $52,260) An application for an FDEP Underground Control Division (UIC) well construction permit has already been prepared and submitted under the exploratory well project, which was completed substantially under budget. CONSULTANT shall complete the UIC permitting process and prepare an application and request for information (RFI) responses for a modification of FDEP drinking water facilities permit to incorporate the ASR system. A ZACollier CountyWarica Road ASR Phase 11 \Carica Road Phase 11 Scope of Work.doc Page 1 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 CONSULTANT shall coordinate the operational testing of the ASR system with the SFWMD. It is understood that a modification of the COUNTY water use permit will not be required for the operational (cycle) testing period of the system. Nevertheless, the Carica Road ASR system (and Manatee Road ASR system expansion) shall be included in the COUNTY unified water use permit modification application for NERWTP, which is scheduled to be submitted early 2006. Inclusion in the permit now would avoid the need for an additional future permit modification once the system becomes operational. Meetings will be conducted and documentation provided to meet the Site Development Plan (SDP) requirements of the Collier County Community Development and Environmental Services Department for the proposed site work. Subcontracted work is included in Task 2. It is assumed that the COUNTY will pay all permit application fees. Up to four meetings with the various agencies and up to two responses to requests for additional information is included within the scope. Additional computer modeling or field testing in support of permit applications is not included in the scope of work. TASK B Outside Professionals — SDP and Surveying (Time and Materials Tasks $54,000) (Lump Sum Tasks $34,000) The CONSULTANT shall subcontract for the preparation of the SDP amendment package and responses to RAI. The scope of work includes the following tasks: • Listed Species Survey preparation • Designation of required preserve areas, including sketch and legal description • Collier County Preserve and Habitat Management Plans preparation • SFWMD general permit modification (storm water management) • SDP and related construction drawings and permitting • Landscape/ Irrigation Design (to meet County minimum requirements) • Services during construction (related to site development activities) • Attendance at meetings by sub - consultants. A ground - penetrating radar investigation will also be performed to confirm the location of existing pipelines and other underground features along the planned route of the ASR pipelines. The scope of work does not include activities related to the relocation of listed species, such as gopher tortoises. However, preliminary piping routes and well locations were specifically chosen to avoid known gopher tortoise burrows and preserve areas. A ZACollier County \Carica Road ASR Phase ll\Carica Road Phase II Scope of Work.doc Page 2 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 TASK C Detailed Design of ASR System (Lump Sum $90,520) The CONSULTANT will develop Contract Technical Documents for the new potable water ASR system. The design will include wells, attendant piping and wellhead equipment, electrical, and instrumentation and controls. Design Drawings Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD format. Contract and Technical Specifications The technical specifications will be prepared in conformance with the Construction Specifications Institute (CSI) format. The CONSULTANT shall review and incorporate the COUNTY technical specifications within the current Utility Standards Manual into the CONSULTANT's technical specifications. Suitable manufacturer and suppliers will be identified for each specified item. Design Progress Submittals CONSULTANT shall provide six (6) sets of construction drawings and specifications for COUNTY review at the 60- percent and 90- percent design levels. The drawings will be provided on bound 11 x 17 -inch sheets. After addressing review comments for the 60- percent submittal, a 90- percent submittal of the drawings and specifications will be produced for final review. The 90- percent submittal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from FDEP and the COUNTY. Construction Cost Estimates The CONSULTANT shall prepare opinions of probable project construction costs. This estimate will be updated for each design submittal (60- and 90- percent). A revised estimate will be provided with the final bid document submittal. The revised estimate will be provided as a bound report and will consist of a summary of the overall construction costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of the new facilities. A ZACollier County\Carica Road ASR Phase 11\Carica Road Phase 11 Scope of Work.doc Page 3 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 Final Plan Preparation The final design, 100 - percent complete documents, will incorporate comments from the COUNTY and FDEP. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. The final design documents will incorporate designs of the wells, pumps, yard piping, and related facilities. Final documents will be prepared for bidding as a single construction contract. CONSULTANT shall prepare a bid schedule, describing the work to be performed. A meeting will be held within two weeks of submittal of the final design to discuss comments and recommendations. The COUNTY will provide verbal and written comments and each comment will be addressed by the CONSULTANT. Six full -size and six half -size copies of completed design drawings and six sets of specification documents will be submitted to the COUNTY. TASK D Construction Bid Services (Time and Materials ($16,900) The CONSULTANT shall provide bid period services to the COUNTY consisting of production of bid documents, response to bidder inquiries, preparation of addenda, and review of bids. The services are described below. Reproduction and Distribution of Bid Documents The final contract documents will be produced in full and half -size bid sets to provide to the COUNTY, bidders, building exchanges, trade groups, and project team members. The CONSULANT shall assist as necessary, in the distribution and the Collier County Purchasing Department's sale of the bid documents, maintenance of the plan holders list, and other aspects of bid documentation distribution. Pre -Bid ConferencelResponse to Bidders Questions A pre -bid conference will be conducted. The conference will be held at a convenient location and the CONSULTANT shall maintain a set of notes. Questions will be logged and appropriate responses will be either given at the conference and /or in addenda prepared by the ENGINEER. CONSULTANT shall distribute meeting minutes and provide addenda to Collier County Purchasing for distribution. Bid Evaluation and Recommendation for Award A ZACollier County \Carica Road ASR Phase II\Carica Road Phase II Scope of Work.doc Page 4 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 The bid packages will be received and opened by the COUNTY at a public location. Bid packages will be reviewed by the CONSULTANT for completeness, appropriateness, responsiveness, and responsibility for award. CONSULTANT shall check references as appropriate. CONSULTANT shall provide written recommendation for award of the construction contract to the lowest responsive, responsible bidder. If bids are over the engineer's construction cost estimate, CONSULTANT will write a descriptive letter as to the reason why. TASK E Construction Administration Services (Time and Materials $85,900) Construction administration services to be provided by the CONSULTANT for the construction of the Carica Road ASR system are listed below. Task E.1 — Inspection Services - Inspection Services provided by the CONSULANT shall consist of the followings tasks: Pre - Construction Conference CONSULTANT shall attend a pre - construction conference with representatives from COUNTY and CONTRACTOR, prepare meeting minutes and distribute them to the project delivery team. Shop Drawings CONSULTANT shall review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. CONSULTANT shall submit reviewed shop drawing submittals to the COUNTY for its records. Observation of Construction CONSULTANT shall provide construction observation services during the construction of the production wells and transmission facilities. These services consist of observation of construction activities, collection and analysis of drill cuttings and water samples, testing of any nature, and certification of construction. The CONSULTANT shall have a representative on -site during critical construction and testing activities, and as required by the FDEP well construction permit. The budget is based on full -time observation during well construction activities and approximately half -time observation during other construction activities. The CONSULTANT's on -site representatives shall prepare and submit weekly progress reports to the COUNTY during construction. The weekly A ZACollier County \Carica Road ASR Phase 11\Carica Road Phase II Scope of Work.doc Page 5 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 progress reports shall include project status, materials and equipment received, work performed, and problems encountered and rectification. Review Pay Requests The ENGINEER'S representative will note actual quantities of materials used, and progress of completion. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. CONSULTANT will date stamp the pay requests, verify all requirements are met, verify correctness, and will sign and forward to the COUNTY to meet Florida Prompt Payment Act requirements. Issue Interpretations CONSULTANT shall issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. CONSULTANT shall interpret the requirements of the construction contract documents, evaluate the work performed there under, and make recommendations on any claims by the CONTRACTOR. Certificate of Completion CONSULTANT shall prepare a certificate of completion for the ASR system. Record drawings of the new facilities will be prepared. Six (6) signed and sealed 24 -inch by 36- inch copies of the Record Drawings will be provided to the COUNTY. One (1) electronic copy of the Record Drawings will be provided in AutoCAD R2000 format to the COUNTY. Task E.2 — FDEP Reporting Services FDEP Reporting The CONSULTANT shall prepare the weekly construction reports required by the FDEP UIC permits. The reports will be distributed to the FDEP and UIC Technical Advisory Committee (TAC). A copy will be sent to the COUNTY. Well Completion Report As required by the FDEP UIC permit, a well completion report will be prepared that documents all well construction and testing activities. Four (4) signed and sealed copies will be provided to the COUNTY. Copies of the report will also be distributed to the FDEP and TAC. A ZACollier County \Carica Road ASR Phase II\Carica Road Phase H Scope of Work.doc Page 6 of 11 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 TASK F Operational and Start -Up Services 101 (Time and Materials $14,900) During this phase, the CONSULTANT shall provide services to the COUNTY under the following tasks: Operation and Maintenance Training; and Start -Up Services for the two (2) ASR wells, and the three (3) monitoring wells. A description of these tasks follows: Task F.1 - Operation and Maintenance Training — The CONSULTANT shall provide training for the operations and maintenance staff on use of the expanded facilities. The O &M manual prepared in Task 2G will be the basis for hand -out materials for the training. Certified Water Treatment Operators who successfully complete the training will be awarded Continuing Education Units (CEU) that are applicable toward certificate renewal. Each CEU is equivalent to ten (10) contact hours or fraction there of (e.g., 1 hour = 0.1 CEU). The CONSULTANT shall deliver classroom and hands -on training on ASR features, groundwater monitoring and instrumentation /control aspects and coordinate the training to meet the applicable regulatory requirements. The ENGINEER'S training will consist of 6 hours of classroom /hands -on training and will be conducted two (2) times. The training will complement and be coordinated with training to be provided by equipment vendors. Task F.2 - Start -Up Services — The CONSULTANT shall checkout the system, including troubleshooting of equipment and instrumentation installed as part of the project. CONSULTANT shall provide on -site advice and troubleshooting full time for one (1) week at start -up. Full time is forty (40) hours. CONSULTANT shall observe start -up of operational tests to evaluate performance of the newly constructed facilities. CONSULTANT shall evaluate operational data on ASR injection and recovery collected by the COUNTY for a period of one year and produce a technical memorandum summarizing the data and presenting operational recommendations. TASK G Operations and Maintenance Manual (Time and Materials $22,640) Operation and Maintenance Manual The CONSULTANT shall prepare an O &M manual for the facility upgrades. The CONSULTANT shall prepare a portion of the manual that describes operational strategies, control capabilities, and presents monitoring and other permit requirements. The ENGINEER's O &M manual will be bound and indexed together with the equipment manufacturer's services manuals submitted by the CONTRACTOR during construction. The revised O &M manual will reflect changes and incorporate training materials and standard procedures developed during start -up. A ZACollier County \Carica Road ASR Phase 11\Carica Road Phase 11 Scope of Work.doc Page 7 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 The O &M manual addendum will cover the new facilities and how those facilities integrate with the existing facilities. The manual will contain the following sections: (1) introduction, (2) equipment description, (3) start -up, (4) normal operations, (5) emergency operations, (6) monitoring and analytical requirements, (7) operational trouble- shooting guidelines, and (8) equipment service manuals. The manual will provide instructions for the operation of each new facility. The manual will specify valve, equipment, and instrument numbers in the operations descriptions. Five (5) copies of each draft will be submitted to the COUNTY for review. Corrections, changes and /or additions required by the COUNTY will be performed, and five (5) copies of each final O &M manual will be provided. The final O &M Manual will also be distributed to the FDEP and TAC, as required. An electronic copy of the final O &M manual will also be provided to the COUNTY TASK H Additional Services (Time and Materials $10,220) The CONSULTANT shall perform other additional services, which are not part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the COUNTY, during permitting, detailed design, bidding, construction, start -up, or after completion of construction. DELIVERABLES CONSULTANT shall provide the following deliverables: 1. Six (6) sets of 24 -inch by 36 -inch 60 percent plans, specifications and opinion of probable construction cost for ASR system. 2. Six (6) sets of 24 -inch by 36 -inch 90 percent plans, specifications and opinion of probable construction cost for ASR system. 3. Six (6) sets of 24 -inch by 36 -inch final plans, specifications and opinion of probable construction cost for ASR system. 4. FDEP Construction Permit Application for the ASR system. 5. Initial and Final Punch Lists. 6. Four (4) copies of the Well Completion Report A ZACollier CountyTarica Road ASR Phase IACarica Road Phase II Scope of Work.doc Page 8 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 7. Six (6) hardcopy sets of 24 -inch by 36 -inch signed and sealed Record Drawings for the ASR system. 8. One (1) electronic copy of Record Drawings in AutoCAD 82000 format for the ASR system. 9. Five (5) copies of draft O &M manual addendum. 10. Five (5) copies of final O &M manual addendum. An electronic copy of the final O &M manual will also be provided to the COUNTY. PROTECT SCHEDULE CONSULTANT shall complete Tasks 1 through 8 in accordance with the schedule based on cumulative weeks from the date of the Notice to Proceed (NTP) by the COUNTY: TASK CUMULATIVE WEEKS FROM NTP A. Permitting and Agency Coordination 30 B. Outside Professionals SDP & Surveying 30 C. Detailed Design 30 D. Construction Bid Services 40 E. Construction Administration Services 80 F. Operational and Start -up Services 100 G. Operations and Maintenance Manual 95 A ZACollier County \Carica Road ASR Phase II\Carica Road Phase 11 Scope of Work.doc Page 9 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 H. Additional Services To be determined CONSULTANT shall observe the time limitations. However, should there be delays in receiving subsequent authorizations, approvals, and review comments from the COUNTY, and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by ENGINEER and the COUNTY. ENGINEER shall not be responsible for delays that occur as the result of action or inaction of others not under contract to ENGINEER. The COUNTY agrees to provide comments on all draft deliverables within two weeks, unless another deadline is agreed upon. COMPENSATION The CONSULTANT shall be compensated $176,780 for the work performed under Tasks A, a portion of B, and C on a lump sum basis. The CONSULTANT shall be compensated for work performed under Tasks B (a portion thereof), D, E, F, G, and H on a time and materials basis not to exceed $204,560. An allowance of $10,220 is included for Task H (Additional Services) in the amount above. The total Work Order amount is valued at $381,340.00 GENERAL ASSUMPTIONS Work described in the scope of services for the five project elements is based upon the assumptions listed below: 1. Construction of the two ASR wells, associated wellhead appurtenances, and piping will be bid as a single contract. 2. The COUNTY will perform acquisition of necessary easements (including temporary construction easements), but CONSULTANT will do necessary sketches and descriptions and assist as necessary 3. COUNTY will provide ENGINEER available record drawings of all existing facilities. Record drawings of existing facilities will serve as the basis for new facility location in this project, subject to ground radar verification of existing pipe lines and underground utilities. A ZACollier County \Carica Road ASR Phase II\Carica Road Phase II Scope of Work.doc Page 10 of 11 101 Scope of Services Work Order CDM -FT- 3785 -06 -01 Carica Road ASR System Phase II October 5, 2005 4. Record drawing mark -ups will be prepared by the project construction contractors and submitted to the ENGINEER for review and transference to final signed and sealed record drawings to be provided to the COUNTY as denoted above. 5. COUNTY will provide Bid /Contract Documents (including front -end documents) for incorporating with ENGINEER - supplied contract general conditions. 6. The COUNTY will pay all County permit application fees via interdepartmental transfer. CONSULTANT will issues permit checks to outside agencies and will receive a direct reimbursement from the COUNTY via monthly pay applications. 7. The proposed production well locations and pipeline routes for the expansion are understood to be free of environmental contamination. A ZACollier County \Carica Road ASR Phase Il \Carica Road Phase II Scope of Work.doc Page 11 of 11 7 Oj MEMORANDUM Date: December 5, 2005 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: "Professional Services Agreement- Disaster Management Consultant Services" Contractor: James Lee Witte Associates, LLC Enclosed are three (3) original documents, as referenced above (Agenda Item #10J) approved by the Board of County Commissioners on Tuesday, November 29, 2005. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774 -8406. Thank you, Enclosures (3) ITEM NO.: DATE RECEIVED: �•;C1C�NTY FILE NO.: 5- P 00 34 1 2005 OEC - I PM 2: 2 7 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: November 29, 2005 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732 -2667 Re: "Professional Services Agreement— Disaster Management Consultant Services" Contractor: James Lee Witt Associates, LLC BACKGROUND OF REQUEST: This contract was approved by the BCC on November 29, 2005; Agenda Item 10(J) 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. 6 C � s 1-2, Oj vi Memorandum FO0.10P DATE: November 28, 2005 DATE RECEIVED :y � 0 2005 TO: Sheree Mediavilla, Risk Manager N� © '7►` Risk Management Department RIsy. m,�AAGEMENT FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: "Professional Services Agreement— Disaster Management Consultant Services" Contractor: James Lee Witt Associates, LLC This Contract was approved by the BCC on November 29, 2005; Agenda Item 10(J). Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 2667. 1 Oj 44, PROFESSIONAL SERVICES AGREEMENT This Agreement ( "Agreement ") dated this the 29th day of November, 2005 is between Collier County, Florida ( "Client "), located at 3301 East Tamiami Trail, Building F, Naples, Florida 34112 and James Lee Witt Associates, LLC ( "Consultant "), located at 701 13`h Street, NW, Suite 850, Washington, DC 20005. TYPE OF AGREEMENT: Professional Services Agreement — Disaster Management Consultant Services. Whereas, Consultant is in the business of providing certain consulting services and is willing to provide such services to Client; and Whereas, Client desires to utilize Consultant's services as provided for herein. Now, therefore, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. General Terms and Conditions The general terms and conditions of this Agreement are set forth in Appendix A, attached hereto and incorporated herein by reference. 2. Scope of Work Consultant shall provide the services set forth in Appendix B, attached hereto and Incorporated herein by reference ( "Services "). Consultant shall furnish all reports and deliverables as set forth in Appendix B in accordance with the terms set forth therein (hereafter "Deliverables "). Additional Services Should the client request the Consultant to provide and perform professional services under this Agreement which are not set forth in Appendix "A ", the Consultant agrees to provide and perform such Additional Services as may be agreed to in writing by both parties to this Agreement. Additional Services shall be administered and executed as Change Orders under the Agreement. The Consultant shall not provide or perform, nor shall the Client incur or accept any obligation to compensate the Consultant for any Additional Services unless the parties shall execute a written Change Order. Each such Change Order shall forth a description of (1) the Scope of the Additional Services requested; (2) the basis of compensation; and (3) the period of time and or schedule for performing and completing the Additional Services Page 1 of 16 3. Period of Performance The period of this Agreement shall be one (1) year from the signing of this Agreement. The County, at its discretion, and with the consent of the contracted Consultant, shall have the option to renew this Agreement under the same terms and conditions for four (4) additional one (1) year periods. The prices quoted on the Proposal shall remain in effect for a period of one (1) year from the date of award by the Board of County Commissioners. Should the County choose to renew the Contract, all prices at the time of the renewal may be adjusted on the anniversary date of the Agreement, based on the Consumer Price Index - Southern States for the immediate twelve (12) month period preceding the renewal of the Contract. If the County elects to renew the Contract, it shall provide the Contractor written notice of such renewal thirty (30) calendar days prior to the ending of the term then in effect. 4. Fees and Payment 4.1 In consideration of Services performed hereunder, Client shall pay Consultant in accordance with Appendix C on a time and material basis in an amount not to exceed $250,000.00, with $35,000.00 allotted to reimbursables, or out of pocket expenses. 4.2 Payment terms for the Agreement shall be in accordance with paragraph 8 of Appendix A. 5. Notice Any notice given by either party shall be in writing and shall be given by registered or certified mail, return receipt requested, postage prepaid, or Federal Express or DHL courier, shipped prepaid, addressed to the parties at the addresses herein designated for each party or at such other addresses as they may hereafter designate in writing. To: Stephen Y. Carnell Collier County Purchasing/GS Director To: Pate Felts, COO James Lee Witt Associates, LLC 3301 East Tamiami Trail, Purchasing Building Address: 701 13' Street, NW, Suite 850 Naples, Florida 34112 Cit , state, zip: Washin on, DC 20005 Phone: (239) 774 -8407 Phone: (202) 585 -0780 Fax: (239)- 732 -0844 Fax: (202) 585 -0792 Email: stevecarnell@colliergov.net Email: pfelts@wittassociates.com 6. Entire Agreement Both parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and further agree that it is the entire agreement Page 2 of 16 , OJ ��jfs between parties hereto which supersedes all prior agreements, written or oral, relating to the subject matter hereof. No modification or waiver of any provision shall be binding unless in writing signed by the party against whom such modification or waiver is sought to be enforced. In Witness Whereof, Client and Consultant have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. TWO ITNESSES : By: FI T WITNE S CONSULTANT: JAMES LEE WITT ASSOCIATES, LLC �• Type /Print Name and Ale Type /Print Na N I ����/ c�. 5c�yy�ar✓ Type /Print Name Date: It j ATTEST: OF 't BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Dwight [Arock, Clerk :`Y .0 Rt'tost s Cha t ' s Cr ` m r Approve , o orm and ,Legal 'Su#€ciency: Assistant Co Attorney Page 3 of 16 '4W BY: W. Fred W. Coyle, Chairman Oj APPENDIX A GENERAL TERMS & CONDITIONS 1. CONSULTANT'S RESPONSIBILITIES. Consultant /Contractor ( "Consultant ") shall perform the Services utilizing the standard of care normally exercised by professional consulting firms in performing comparable services under similar conditions. CONSULTANT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. 2. CLIENT'S RESPONSIBILITIES. Client shall provide site access to the site or facility at which the Services are to be performed at such times as may reasonably be required by Consultant, and shall make timely payments in accordance with the terms and conditions of this Agreement. Time is of the essence. To the extent Client has access to information relating to the Services to be performed, Client shall provide such information as is reasonably available and appropriate for the efficient performance of the Services ( "Information "). Such Information includes, but is not limited to, available site history and the identification, location, quantity, concentration and character of known or suspected hazardous conditions, wastes, substances or materials that are likely to pose a significant risk to human life, health, safety or to the environment. Consultant shall be entitled to rely upon the Information provided by the Client or the Client's agents without independent verification except to the extent set forth herein and shall bear no liability arising from such reasonable reliance. 3. COMMENCEMENT AND COMPLETION OF THE SERVICES. The Services shall commence and shall be completed on the respective dates specified in this Agreement or, in the absence of such specification, as soon as good practice and due diligence reasonably permit. 4. PROPRIETARY INFORMATION. Proprietary confidential information ( "Proprietary Information ") developed or disclosed by either party under this Agreement shall be clearly labeled and identified as Proprietary Information by the disclosing party at the time of disclosure. When concurrent written identification of Proprietary Information is not feasible at the time of such disclosure, the disclosing party shall provide such identification in writing promptly thereafter. Proprietary Information shall not be disclosed to any other person except to those individuals who need access to such Proprietary Information as needed to ensure proper performance of the services. Page 4 of 16 1 0J ^: Neither party shall be liable for disclosure or use of Proprietary Information which: (1) is generally available to the public without breach of this Agreement; (2) is disclosed with the prior written approval of the disclosing party; or (3) is required to be released by applicable law or court order. Each party shall return all Proprietary Information relating to this Agreement to the disclosing party upon request of the disclosing party or upon termination of this Agreement, whichever occurs first. Each party shall have the right to retain a copy of the Proprietary Information for its internal records and subject to ongoing compliance with the restrictions set forth in this Section. This Section shall survive termination of this Agreement. 5. DELIVERABLES. Upon payment in full for the Services, and unless otherwise agreed, "Deliverables" shall be the property of the Client. The Consultant shall not disclose the Deliverables relating to the Services to a third party without the prior written authorization of the Client. Client shall be solely responsible for any disclosure of the Deliverables, which may be required by law and agrees to indemnify and hold Consultant harmless for any loss, liability, or claim resulting from Clients failure to make such disclosure and fully indemnify Consultant. Where applicable law requires immediate dis- closure by the Consultant, Consultant shall make its best efforts to give prior notice to Client. At Client's request and expense, Consultant will assist the Client in making such disclosures as may be required by law. 6. INDEMNIFICATION. To the maximum extent permitted by Florida law, Consultant shall indemnify and hold harmless Client, 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 Consultant or anyone employed or utilized by the 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 6. 7. ACCEPTANCE. Client shall have five (5) County working days from the date each deliverable is made to Client to reject all or part of each Deliverable. Each Deliverable, to the extent not rejected in writing by Client, shall be deemed accepted. 8. PAYMENT TERMS. Invoices will be submitted monthly and are due in accordance with Chapter 218.70, Florida Statutes, otherwise known as the Florida Prompt Payment Act. Back up documentation shall be provided with invoices for all time and out of pocket expenses. The purchase order number must be referenced on each invoice. If this number does not appear or is omitted, invoice will be returned to the vendor by the Contracts Department. Billing problems /concerns should be directed to the Contracts Page 5of16 0 j Department, 2671 Airport Road S, Suite 202 Naples, FL 34112Invoices shall be submitted no more often than once per month. Timely payment is a material part of the consideration for the performance of the Services. Time is of the essence. In the event that payment has not been made in accordance with the terms of the Florida Prompt Payment Act, in addition to any other remedy, which Consultant may have under law or equity, Consultant may stop work immediately, without further duty, obligation, and /or liability. 9. CONTRACT CEILING PRICE. For time and material or unit price contracts with a contract ceiling, if at any time Consultant has reason to believe that an increase in such limitation will be necessary, it will give prior notice to that effect providing a written estimate to complete the Services and proposing a new limitation figure and giving appropriate supporting data so that Client may, at its sole'discretion, increase such limitation by written modification to this Agreement. Consultant shall not be required to perform the Services to the extent that such performance exceeds the ceiling price of this Agreement. In the event of a dispute relating to the contract - ceiling price, such dispute shall be resolved in accordance with the Disputes clause of this Agreement. 10. CURRENCY OF PAYMENT. Unless otherwise set forth in this Agreement, all payments shall be made in United States Dollars ($US). Where exchange rates are involved, the rate of exchange between $US and the other currency involved in the transaction shall be the rate of exchange as of the date of invoice. The date of each invoice shall be clearly marked on each invoice. 11. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. HEALTH & SAFETY. Client shall notify Consultant of any known or suspected hazards existing at any site where the Services are to be provided, including but not limited to, hazardous waste, substances or materials and underground utilities. 13. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services 14. FORCE MAJEURE. Neither party shall be responsible for any delay or failure in performance, , to the extent that such delay or failure was caused by a force majeure Page 6 of 16 10 J ,�t event including Act of Nature, war, civil disturbance, governmental action, labor dispute unrelated to and without fault or negligence of the party claiming the force majeure event, computer virus, or denial of access to the site or any other event beyond the reasonable control of the claiming party. For the duration of this Agreement, Consultant will keep a back -up copy of all important documents related to the Project. Performance under this Agreement shall resume promptly once the cause of delay or failure ceases and an equitable adjustment shall be made to the price and /or schedule of the Services including any mobilization or demobilization costs of Consultant. 15. CHANGED CONDITIONS. The discovery of any hazardous waste, substance or material; underground obstruction; underground utilities; or other latent obstruction to the performance of the Services to the extent that such conditions are not the subject of the Services, and to the extent that such conditions were not brought to the attention of the Consultant prior to execution of this Agreement, or any change in law that materially affects the obligations or rights of either party under this Agreement, shall constitute a materially different site condition entitling the Consultant to an equitable adjustment in the contract price, time of performance, or both, as appropriate. If the change materially changes the nature of the Services, the Consultant may terminate this Agreement as a result of such changed conditions. 16. DISPUTES. , Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision - making authority and by Client's staff person who would make the presentation of any settlement reached during negotiations to Client for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision - making authority and by Client's staff person who would make the presentation of any settlement reached at mediation to Client board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 17. THIRD PARTY LITIGATION. In the event that any litigation, proceeding, or claim (including any investigation which may be preliminary thereto) involving the Services performed by Consultant is commenced by a third party, Consultant shall furnish, if compelled by law or upon the reasonable request of Client, such person or persons from Consultant's organization as are familiar with the matters embraced within the knowledge of Consultant's personnel to testify as witnesses and to provide Consultant's records and such other information and assistance in connection with such litigation, proceeding or claim (or investigation preliminary thereto). To the extent Consultant may be required, either by law or at the request of Client, to provide such testimony, records, information, or assistance, Client shall reimburse Consultant for the Page 7 of 16 1 OJ it reasonable value of its services at its then prevailing rate for comparable work, based on the time expended, and for Consultant's out -of- pocket expenses incurred in connection therewith in accordance with the provisions of this Agreement. 18. INDEPENDENT CONTRACTOR. The Consultant is an independent contractor and shall not be deemed to be an employee or agent of the Client. Consultant shall indemnify and hold Client harmless against all liability and loss resulting from Consultant's failure to pay all taxes and fees imposed by the government under employment insurance, social security and income tax laws with regard to Consultants employees engaged in the performance of this Agreement. 19. NON - SOLICITATION OF EMPLOYEES. Neither party shall solicit for employment or hire the employees of the other party involved in the management or performance of the Services during the term of this Agreement and for one year thereafter. 20. NONWAIVER. No waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach or any breach of any other provision of this Agreement. 21. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be severed from this Agreement and to the extent possible, this Agreement shall continue without affect to the remaining provisions. 22. ASSIGNMENT /SUBCONTRACTS. Neither party may assign this Agreement without the written consent of the other party, which shall not unreasonably be withheld. 23. DRAFTING PARTY. Each party has reviewed this Agreement and any question of interpretation shall not be resolved by any rule of Interpretation providing for interpretation against the drafting party. This Agreement shall be construed as though drafted by both parties. 24 GOVERNING LAW. The validity, enforceability and interpretation of this Agreement shall be determined and governed by the laws of State of Florida and, where applicable by virtue of preemption, under the laws of the United States of America. 25. CAPTIONS. The captions and headings of this agreement are intended for convenience and reference only, do not affect the construction or meaning of this agreement and further do not inform a party of the covenants, terms or conditions of this Agreement or give full notice thereof. 26. ADDITIONAL INSTRUMENTS. The parties agree to provide the other with any and all documents required to carry out any and all obligations in connection with the agreement as set forth herein. 27. ORDER OF PRECEDENCE. In the event of a conflict in the terms and conditions of this Agreement, the following order of precedence shall apply: Page 8 of 16 10,1 A. This Agreement B. The Rate Schedule (Appendix C) C. The Scope of Work (Appendix B) D. The General Terms and Conditions (Appendix A) E. Task Orders (if applicable) F. Other Contract Documents 28. ENTIRE AGREEMENT. The parties acknowledge that they have read this Agreement, understand it and agree to be bound by its terms. This Agreement supersedes all prior agreements, whether written or oral, relating to the subject matter hereof. No modification or change to this Agreement shall be binding unless such modification or change is in writing and signed by an authorized representative of each party. 29. OTHER. Neither Party shall disseminate or make use of any materials making reference to the other Party, without the other Party's written consent. Neither Party shall make any statements or promises relating to the other Party or its Services or any use of the other Party's name, which is not authorized in writing by the other Party. 30. TERMINATION. This agreement may be terminated for convenience at any time by either party provided the requesting party provides the other with seven (7) days written notice. In this event, Client shall pay for services rendered through the date of termination. Either party may also immediately terminate this Agreement for cause with seven (7) days written notice upon a material breach of this Agreement, with no further payment or service obligation. 31. INSURANCE REQUIREMENTS: The Consultant, at its own expense, shall keep in force and at all times maintain during the term of this Agreement: a. Professional Liability Insurance: Professional Liability Insurance, issued by a responsible insurance company and in a form acceptable to Client, with coverage limits of not less than One Million Dollars ($1,000,000) for errors and omissions_. b. Automobile Liability Insurance: Automobile Liability coverage shall be in the minimum amount of Five Hundred Thousand Dollars ($500,000) per occurrence combined single limits for Bodily Injury and Property Damage. c. Workers' Compensation Coverage: Full and complete Workers' Compensation Coverage, as required by law, shall be provided. d. Commercial General Liability Insurance• Commercial General Liability Insurance for bodily injury and property damage in the amount of Five Hundred Thousand Dollars ($500,000) per occurrence. Page 9of16 1 OJ e. Collier county must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. f. 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 g. The Consultant shall provide Client with Certificate(s) of Insurance on all the policies of insurance and renewals thereof in a form (s) acceptable to Client. Said Professional Liability policy shall provide that Client be an additional named insured. The Client shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action. All insurance policies shall be issued by responsible companies who are acceptable to Client and licensed and authorized to do business under the laws of the State of Florida. 32. CHANGES TO SERVICES: Client, without invalidating this Agreement, may call for changes in the Scope of Services within the general scope of this Agreement, the Agreement price and time being adjusted accordingly. A request by Client for changes in the Services shall be authorized only in accordance with the Collier County Procurement Administration Procedures. Upon notification by Client to Consultant of a change in the Services, Consultant shall prepare an estimate of the additional costs and time required, if any, to perform the change. Upon mutual written agreement, Consultant shall perform the change and an equitable adjustment shall be made to the price and /or time schedule as appropriate. All such changes in the Services shall be authorized by written Amendment to this Agreement, and shall be executed under the applicable conditions of the Agreement. 33. INDEPENDENT CONTRACTOR: The Consultant is an independent contractor and shall not be deemed to be an employee or agent of Client. Moreover, Consultant shall make no assignment of any of its rights, duties, or obligations under this Agreement, it being understood by and between the parties that the Services to be performed by the Consultant are unique. Consultant shall indemnify and save Client harmless against all liability and loss resulting from Consultant's failure to pay all taxes and fees imposed by the government under employment insurance, social security and income tax laws with regard to Consultant's employees engaged in the performance of this Agreement. 34. "MOST FAVORED" CLIENT: Consultant agrees to treat Client as a most - favored client and specifically agrees that all prices, terms, warranties and benefits granted to Client are, and will remain, comparable to or better than equivalent terms having been offered, or to be offered to any other prospective client during the term of this Agreement. Page 10 of 16 APPENDIX B Page 11 of 16 1 OJ ,jo Scope of Work The Consultant will work directly with the Client to determine the specific tasks and scope which may include one or more of the following services: a) Program Management -- Assistance with the preparation of Damage Survey Reports /Project Worksheets, assistance with documentation support, consultation and negotiation services, staff augmentation, program implementation, appeals and other representations as may be requested by the Client. b) Disaster Mitigation Services -- Consultant will provide program management and project management of all disaster mitigation activities. Consultant will advise County on ways to maximize mitigation funding from FEMA. c) Oversight and Management of the Handling and Disposal of Debris -- Consultant will provide oversight and management of all aspects of the handling and disposal of debris. This may include expert advice throughout the entire contracting and removal phases, ensure all documentation is submitted from the subcontractor to the Client, monitor for any change in the scope of work and pricing so that proper authorization can be obtained at the earliest moment, monitor cost incurred by the Client to prevent the inclusion of non - reimbursable cost and assistance with preparation for and response to outside audits. d) Financial Analyses -- The consultant will be expected to advise the client in all matters of the event's impact on all related fiscal matters. This will involve working closely with the State Office of Emergency Preparedness, Federal Emergency Management Agency, and other State and Federal agencies to insure that record preparation, data collection and potential funding assessments and verifications meet each agency's requirements for funding eligibility. e) As requested by Client in writing, Consultant will provide other services on an as needed basis; including, but not limited to, conducting an After Action Report, assisting with the FEMA appeal process, to provide emergency management services related to any disaster occurring during the term of this Agreement, or other emergency management related tasks. Page 12 of 16 l OJ . APPENDIX C Rate Schedule Compensation. Compensation for services will be based as follows: For services performed under Appendix B, Consultant shall be paid on an hourly basis based on the following hourly billing rates: Principal $340 Disaster Management Project Leader $285 Response and Recovery Senior Specialists $245 Response and Recovery Specialists $180 Individual Assistance Specialist $180 Financial Specialist $156 Public Assistance Officer $180 Debris Management Specialists $90 In addition, Consultant shall be reimbursed for all out -of- pocket expenses reasonably associated with services performed and in accordance with GSA expense reimbursement policy. Page 13of16 Oj 4;_ I A M E 5 L E E Proposal for: Emergency Management Services for Federally Declared Disaster Damages October 31, 2005 Prepared For: Collier County Prepared By: James Lee Witt Associates, LLC 701 13`" Street NW, Suite 850 Washington, DC 20005 (202) 585 -0780 Page 14 of 16 10J Proposal: Emergency Management Services for Federally Declared Disaster Damages for the Collier County The Collier County is facing unprecedented challenges in the aftermath of Hurricane Wilma. This can be one of the most difficult times a County Manager or Administrator may confront because of their unfamiliarity with the FEMA guidelines and regulations. Along with this uncertainty, Collier County is managing the recovery while confronting budgetary constraints. Every dollar is critical to ensure the quick and sustainable recovery that the citizens of Collier expect and deserve. James Lee Witt Associates ULWA) will assist the County in its efforts to effectively and efficiently maximize the assistance that can be expected from federal governmental agencies and will provide advice and counsel in the activities and paperwork to ensure that Insurance Claims, Project Claims Processing, Project Report ing and Appeal Process phases are properly handled, completed and fully funded. FEMA soon will begin a concentrated effort to identify and document all damages incurred by Hurricane Wilma. It is in the best interest of the County to ensure that it is adequately represented to receive fair and equitable treatment by state and federal officials. This phase of the recovery will be the most critical and staff intensive. Operational Plan FEMA's Public Assistance Program (PA Program) is based on a partnership between FEMA, the Grantee (State of Florida) and the sub- grantee (Collier County). As stated in FEMA 321, Collier County's responsibilities include the following: • Accountable to the grantee (State) for the use of the funds provided by FEMA; • Attendance at the Applicants' Briefing to learn about the necessary paperwork to apply for Federal assistance and documentation required for the Project Worksheet process; • Submission of a Request for Public Assistance at the Applicants' Briefing or not later than 30 days after designation of the County; • Provide documentation and personnel to work with FEMA and the State in the damage assessment and project application processes; • Completion of recovery actions; and, • Identification of all damages to the State and FEMA. To be fully compliant with the FEMA Public Assistance Program and reduce the County's financial vulnerability, the County not only must properly evaluate damages, assist in the submission of related project work sheets for funding, and develop scopes of work to repair damages, but also must carefully monitor and document recovery work to justify the federal funding allocated. It is our intent to deploy our highly skilled and trained staff as team leaders to provide expert guidance and training to the Collier County personnel assigned to the recovery efforts. In this role, JLWA can provide the level of oversight necessary to ensure the maximum recovery from the event. JLWA also will work to transfer this technical capability to the County's staff. JLWA team members will act as trainers so that County employees can become more knowledgeable in the program and subsequently less dependent on external support. As the work load changes and as FEMA and the Page 15 of 16 10J State modifytheir efforts, JLWA has the ability to increase or decrease the level of support provided to best suit the County's needs. The proposed initial JLWA team to support the County's recovery effort is as follows: ■ 1 Principal (Part Time) Provide strategic advice to the County Manager, County Commissioners and Department Directors to assist them with the overall recovery strategy. Provide representation at the State and Federal Level if needed. ■ 1 Pro ject Leader (Part Time) Oversee the recovery staff and ensure that all available resources are properly utilized. Provide direct liaison between the recovery manager from the County and the Joint Field Office UFO). Provide regular reports to the recovery manager on progress of the recovery effort. ■ 1 Financial Specialist Work with the financial staff to coordinate the financial accountability of the disaster projects. Make recommendations to adapt current systems or recommend new systems to assist the County in the financial process. ■ 1 Response and Recovery Specialist Assist in damage assessments, developing scopes of works for eligible disaster related costs, developing cost estimates for eligible repairs and assisting in the overall recovery effort. Serve as liaison on behalf of the County with State and Federal disaster personnel. After the projects are identified and the subsequent PWs are submitted, a significant amount of work is required to make certain that the projects identified by the joint FEMA /State /Collier County team are properly executed. This process includes the establishment of accounting systems, contracts, and modifications to the original scopes of work, if necessary. This Phase will require one financial specialist, one Response and Recovery Specialist and administrative support. Throughout this project, JLWA staff will work to increase Collier's overall disaster management capability so that Collier will be better prepared and more disaster resistant in the future. This capability - building includes advice on operations, mitigation strategies and funding, and innovative partnership development. Public affairs support and strategic representation in Washington, DC is a key component of an effective operational plan. JLWA staff will represent Collier's interests on issues relating to any appeals, the economic impact of the disaster including cost share issues, insurance requirements, and National Flood Insurance Program compliance matters. This will involve working with Congress and federal agencies relevant to Collier's full recovery efforts. Because sub - grantees have different financial accounting systems, one of the largest challenges to successful application for federal funding is reconciling money spent on reconstruction and recovery projects identified in the scopes of work with the money applied for through the related project worksheet. The JLWA team, under the program manager's direction, will be responsible for implementing a data management system to track all project worksheets and scopes of work The team will work closely with the sub - grantees to explain this system and encourage them to submit all applications in the desired format as well. Page 16 of 16 Date: 11/17/05 Time: 09:59 AM To: Pate F.If— 9 7n�Kaan�oo THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH THE POLICY PERIOD INDICATED. NOTWITHSTANDIN RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 1IN-SRJkDD'LJ TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBEfl POLICYEXPIRATION LIMITS GENERAL LIABILITY 42SBARRO690 01/01/2005 01/01/2006 EACH OCCURRENCE S 2,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS MADE a OCCUR ¢' �M " °a S 300,0001 MED EXP (Any me person) S 10, 00 A X PERSONAL & ADV INJURY S 2,000900 GENERAL AGGREGATE S 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S 4 OOO OO PRO- POLICY JECT LOC AUTOMOBILE LIABILITY 42SBABRO690 01/01/2005 01/01/2006 ANY AUTO - COMBINED SINGLE LIMIT (Ea accident) S 1 OOO OO ALL OWNED AUTOS SCHEDULED AUTOS A X BODILY INJURY (Per person) S X HIRED AUTOS • X NON -OWNED AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO ' OTHER THAN EA ACC S AUTO ONLY. AGG S EXCESS,UMBRELLA LIABILITY 42SBABRO690 01/01/2005 01/01/2006 EACH OCCURRENCE s 1,000,00 X OCCUR Fi CLAIMS MADE A X AGGREGATE S 1,000,00 - - -, s DEDUCTIBLE X RETENTION S lO, OO S S WORKERS COMPENSATION AND 42WECNJ6531 0110112005 0110112006 X TH- EMPLOYERS' LIABILITY FR A ANYPROPRIETOR/PARTNERWEXECUTIVE E.S 500100 OFFICER /MEMBER EXCLUDED? -• Macement fl yes, describe under E.YE S , 500 OO S PECIALPROVIS10NSbelcw OTHER E.LMIT S 500,00 42SBABRO690 O1 usTness Personal /01/2005 01/01/2006 Replacement Cost; All Risk A roperty Subject to Exclusions and 5500 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEM ENT / SPECIAL PROVISIONS ollier County is included as an additional insured as their interests may appear. CFRTIFICAT F WrIl nco SHOULD ANY OF THE ABOVE DESCRI BED 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, Collier County Board of County Commissioners BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 East Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE Anne Lucia ACORD 25 (2001108) ©ACORD CORPORATION 1988 ru.vnu Za tZVVI /Vts) COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department December 6, 2005 Clerk of Courts Minutes & Records I 10K Purchasing Building G 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/732 -2667 FAX: 239/732 -0844 www.colliergov.net RE: Contract Amendment #1 to Contract 405 -3661 "Disaster Generated Debris Management and Disposal" Enclosed is a copy of the fully executed contract amendment for the above referenced services for your records. Thanks, C��� Lyn M. Wood, C.P.M. Contract Specialist 1UK Contract Amendment #1 to Contract # 05 -3661 "Disaster Generated Debris Management and Disposal" This amendment, dated %�IYy40-r 1, 2005 to the referenced agreement shall be by and between the parties to the original Agreement, AshBritt, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: 1. For the clean up of debris generated by Hurricane Wilma, the Contractor shall be reimbursed in accordance with Exhibit Al -A, attached hereto and incorporated herein by reference.. 2. Change: Section 3, COMPENSATION to read as follows: The County shall pay the Contractor for the performance of this Agreement upon completion of the work as accepted and approved by the County Solid Waste Director, or his designee, pursuant to the Appendix `B" rate schedules offered by the Contractor in his proposal, or as negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than biweekly. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S., otherwise known as the "Florida Prompt Payment Act ". 3. Add: Section 22, RETAINAGE as follows: Retainage in the amount of ten percent (10 %) may be withheld from the Contractor payments in the sole discretion of the County. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. i ess V osdg- Print Name f W itn,�ssss Print Name CONTRACTOR AshBritt, Inc. By: Title: Dated: tt Page 1 of 4 Approved as to form and Legal sufficiency: ^ calal6h�1— Colleen Greene Assistant County Attorney OWNER: BOARD OF COUNTY CO�MMIISSIONERS 8914 -IEP,�CO WY/ FLORIDA I 10K J mes W. DeLohy 4P blic UtiliLes Administrator Page 2 of 4 Ash Environmental 10 November 2005 Collier County Public Utilities Division Operations Department 3301 East Tamiami Trail Building H Naples, Florida 34112 ` lOH Reference: Contract Clarification for Disaster Debris Removal and Disposal — Hurricane Wilma Attention: Tom Wides This will serve as a clarification for the contractual changes that must be made to comply with recent FEMA policy changes regarding stumps, to provide for final disposal, and to create a more efficient operation and audit trail. These changes will better serve Collier County during the recovery effort from Hurricane Wilma. We are not changing the overall structure of the existing contract but are simply using the existing line items and amending those that will assist in accomplishing our goals as stated above. The following services will be provided based on the incoming cubic yard at the rates shown. The rates in bold are changes to the original contract. Contract Line Item # Scope Rate (incoming cy) 2a. R.O.W. Loading and Hauling to TDSRS 3a. TDSR Site Management The following items are all the services provided for the total shown at the bottom: 3b Reduction of Debris by grinding 11.00 $ /cy 3.75 $ /cy 1.95 $ /cy 2b. Load, Transport and Dispose of reduced debris from the TDSRS to final disposal (C &D and Vegetative) 4c. Collect, Transport and Dispose of Household Hazardous Waste 4£ Remove, Load, and Transport Hazardous Stumps to the TDSRS using the FEMA conversion chart for stumps 4g. Place compatible fill dirt in stump ruts created during removal 4i. Collect, Transport and Dispose of White Goods 4j. Remove and Recover Freon from any white goods collected 8.30 $ /cy Total: 25.00 $ /cy 480 South Andrews Avenue, Suite 103, Pompano Beach, Florida 33069 The total contract rice for all material hauled from the ROW will be times $25.Ob per cubic and w �'li K P P Y phases of work are complete. This will be the total bill to Collier County for services provided. This includes vegetative waste, C and D, white goods, and stumps converted to the cubic yard using the conversions established by FEMA. • Example: AshBritt hauls 1,000,000 cubic yards of debris, listed above, to the TDSR Sites during the course of the recovery. The total bill will be $25,000,000.00 We will invoice Collier County only for work completed. We will not attempt to invoice Collier County for work in progress. This means the following: • Contract Line Items 2a and 3a will be invoiced on a periodic basis as determined by the Collier County government and AshBritt (biweekly). • Contract Line Item 3b will be invoiced on a TDSR Site by site basis when all material from that site is reduced. • Contract Line Items 2b, 4c, 4f, 4g, 4i, and 4j will be invoiced at the close out of each TDSRS. Please call me if you have any questions. W. Noble President 480 South Andrews Avenue, Suite 103, Pompano Beach, Florida 33069 COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Building Purchasing Department 3301 E. Tamiami Trail Contract Administration Naples, Florida 34112 Telephone: 239/732 -2667 FAX: 239/530 -6593 www.colliergov.net August 29, 2006 John Noble AshBritt, Inc. 480 South Andrews Avenue Suite 103 Pompano Beach, FL 33069 10 �. RE: Contract Amendment #2 to Contract #05 -3661 "Disaster Generated Debris Management and Disposal' Dear Mr. oble: We are pleased to enclose your copy of the fully executed above - referenced amendment. If there are any questions, please do not hesitate to contact me at 239/732-2667. Very truly yours, Lyn Wood, C.P.M Contract Specialist Cc: Dan Rodriguez, Solid Waste Bonnie Baer, Finance Clerk of Courts /Minutes & Records Contract Amendment #2 to ,l 0 Yt Contract # 05 -3661 "Disaster Generated Debris Management and Disposal" This amendment, dated �7 , 2006 to the referenced agreement shall be by and between the parties to the original Agreement, AshBritt, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as follows: The following rate schedules shall be added to the contract: APPENDIX B -1 — AshBritt Environmental Labor Rates for Collier County Contract APPENDIX B -2 — AshBritt Environmental Rates for Collier County Contract APPENDIX B -3 — AshBritt Additional Equipment Rates For Collier County Contract All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. itn ss L Print Nam t ess fbnQ Vc f1 Print Name CONTRACTOR AshBri?/,4-K B: Y Title: Dated: S a L-1 OWNER: BOARD UNTY COMMISSI( COL R C!OTY, A By: / Daniel R. Rodriguez, Pro' Solid Waste Director llJ James W. DeLony, P.E. Utilities Administr r s By: Lyn Wood Co ct Specialist APPENDIX B -1 AshBritt Environmental Labor Rates for Collier County Contract Labor All rates are based upon Florida Petroleum Preapproval Program Rates are calculated as the Program Loaded Labor Rates plus 23 %. see http://www.dep.state.fl.us/waste/categories/pcp/paqes/SOP Final 2005.htm Gvtrnrtori fmm Ctata Prnnram- "TemnlateBreakdown- 120105.xls" Other Rates Name Amount Applies to Labor Multiplier 194% Bare Labor and Project Management Bare Labor Bare Labor Project Management 15% ODCs 10% Loaded Labor Rate Calculation Example Middle Level Professional Rate /Hr. Abbr. Median Rate Loaded rate Proj. Mgmt Project Manager Mid Level Manager (Rate X Project Management) ULM MLM Labor Mult. F25.98 (Rate +Proj. Mgmt) X Labor Multiplier Professional ODCs ULP (Rate +Proj. Mgmt) X ODCs $118.44 Total Middle Level Labor Rates Title Level Abbr. 12/15/2005 Loaded rate AshBritt Rate Project Manager Mid Level Manager ULM MLM $48.50 $36.07 $169.56 $126.10 $208.55 $155.10 Professional Upper Level ULP $33.88 $118.44 $145.69 Middle Level MLP 1 25.98 $90.83 $111.72 Lower Level LLP $20.65 $72.19 $88.80 Technical Upper Level ULT $21.83 $76.32 $93.87 Middle Level MLT $16.47 $57.58 $70.82 Lower Level LLT $11.81 $41.29 $50.78 Secretarial / Clerical $16.03 $56.04 $68.93 Equipent Operator Laborer $15.34 $11.03 $53.63 $38.56 $65.96 $47.43 Per diem $110.23 $135.58 Please note discrepancy between State "Other Rate" schedule and 'Loaded Labor Rate Calc Example" the later applies ODC to Labor Rate +Proj Mgmt, the former applies it to Bare Labor only. AshBritt rates use the Rate +Proj mgmt. AshBritt assumes 100% responsibility for any liability associated with the transportation, disposal, and final disposition of any contaminated soil as soon as it leaves the site of the excavation. If there is a trucking accident or improper disposal, AshBritt will be held liable for damages and /or cleanup of a secondary spill. N m X L 0z O W V n Q O U L O U 0 N LL c L a co t w 000o0(a00000000000 O O CO Ei} O C6 r-- 69 O O 00 to O M r EA O O CO tii m r Ef} 0 t0 co r t3) 0 in, Cn GRi 0 00 d to 0 cn O r Ef3' 0 N N r 60. 0 cn O to Co O w Hi 0 Ct1 0 Efl 0 Cn I-• tai 0 0 LD Ef3 0 CO' co ca 0o0cn000o 0 O N tf} 0 6 Cn %!} 0 O r K3' N M tf} (C) N w tf3 O O d' �} O O M r Efl' O O '-t Ef3 0 o M N V) 7 L CL � O U 0 0 CO N V) O VI O U 000 0 CO N W O — cl � O U 0 6 N r 64 0 ((j N r tf? cu 0 Cu 0 C() 0 (9 0 cz 0 R) 0 O 2 Cu 0 (u 0 Ca 0 C6 0 Cu 0 M 0 M 0 (u 0 M 0 Cu 0 M 0 CU 0 p LL Cu 0 M 0 (u W M 0 cu W CO W M 0 Cu 0 M 0 O cu 0 cu 0 (u 0 cu 0 T cu 0 cu 0 (u 0 cu w cu w (u w cu W cu w cu 0 cu 0 cu 0 (u 0 (u W cu W cu 0 cu 0 cu woo cu cu p �- Cu 0 CB 0 cu w cu 0 m 0= O cu w U N U N E N a) L L a) U L Ca Co m m Cu U a) o cu °� U � L L a� N p V) L CL L 0� O C L a) 'a N W >> J J N CD U i O s a) N c .- O p cu L t N m 0 c c N Q. a) U U E d O N O L tip+ (n ` a) L O t ca V) V) — a) E N E E a) =1 a) > L O V1 -O c V) (u cn c E O L° V) a�i °� E w o o u- E E a a cu ° a L �— c° °_ Cu a) c) Cu 3 N E O = a) V) O V) > a (L4 c OL -O °� J cu (n N '� U a) W a) i] c ,C a) -Cl .O �, E L N E o w 7 O 0 m L. V) U (� U ..+ E o U a) a� p- W W .r ?j U O) .c QS m O H p U c> a) O c c 0 c •o .. co N U C Q i— c O a) a X (D cm U L L >+ r E , a) >` a) c c U- 5 N p s- a� cu a_ d cn O O iZ cu OL a) U cp L C - Cu CD cu Cu X c O p O O a co __ a) —_ N a) O (A `) cu m Cu cu W �' > "= O O O c0 cu a) .L� O cn a) N I- t- p F- > E 'S S 3 > w C9 C4 = M. 2 2 E O O a_ a a. a_ w 0 cn cn h- c M c p as c c C c 0 0 O r tsi 0 0 Cn E9 0 0 O LO r t 0 0 66 (D ER 0 0 O r CA 0 0 CC) CA r 69 0 0 LO co t� 0 c(') co O r CH 0 O LO It W- 0 O LO O N tf3 c1') fl- O N r 09 O LO N M r t� O O to N r EA O O O (O Ef3 O O cf) M EH CD O LO O Ef} 0 LO O N ka 0 Cl N d' to 0 O LO (0 COD-161) 0 O LO* ti 0 O U) M EA 0 O 00 (D 64 0 O M N Ef} 1,2 M N C v O U 0 O O d' r to 0 0 O 00 r 64 0 0 U7 N 64 0 0 U') 'd' w- 0 0 N co to 0 0 N O r is 0 0 LO �- EA U U U U U T > U U T T U T C >+ T U O cu 0 cu 0 (u 0 cu 0 T cu 0 cu 0 (u 0 cu w cu w (u w cu W cu w cu 0 cu 0 cu 0 (u 0 (u W cu W cu 0 cu 0 cu woo cu cu p �- Cu 0 CB 0 cu w cu 0 m 0= O cu w U a) c Cu U O � N a) N O p U L N 0 0 0 E d N E O a) m a) X E V) (u c u- E L " Y c Cu p U_ Cu E N O = a) (D (L4 c OL U cu N Cu CU CO cu ,C �G -Cl .O CC) E � ..+ U c :- O E 0 E 0~ E E 00 (D o E L� a) F- a. - -a O a-o vUi a) v) E> cn O O cu a) U cp - CD _ ?i X c O p O p m cu 0- `) m W �' "= N c L u� o E o E O O L c� cu � as cn a`) a) Cu c M c p as c c C c C C — a_ F— � � U +? C= = O - L 0 0 (u cu E E Ca� ` c C� V) O a) v E` O V, > N W U U ( � Ca U C6 Cu CB O 0 O 0 V) 'LS a) c Of U c E� O O Q 0 E "O a 'U tOn O "O V07 U U N 0 cu c E c Cu — O c O c O c O O m 0� O 0� L �— _ _ _ O Cn C( ) Lf) m Q Q Q Q Q m c6 U a) U a) U L U U U U U U 0 0 0 0 0 W .— N N N M M M 0 M N to O [0 `O U cc c O U L U T cc a) cu L U L O U C O U L O V) T L O C a) E LZ 6 a) L L O T c zo APPENDIX B -3 AshBritt Additional Equipment Rates for Collier County Contract Equipment Size & Type Cost per Unit Pumper Trucks - 3300 Gal Liquid Ring Truck or equivalent $172.50 /hour Fuel Trucks* — 2800 Ga. Cap. — Duel Tanks $1,230.00 /day 1 x 800 gal. (gas) 1 x 2000 gal. (diesel) * Cargo fuel not included Generators ** - 25 - 40 kW (Mutiquip or Equivalent) $350 /day 45 - 60 kW (Mutiquip or Equivalent) $580 /day 100 -110 kW (Mutiquip or Equivalent) $700 /day (All sizes available) ** Assumes generators are running 24 hrs /day, minimum 2 day useage Rates offered expire Dec 31, 2006. Delivery Time 24 - 48 hrs. 24 — 48 hrs. 48 hrs. 48 hrs. 48 hrs. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 Sf[tr 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 aline throu h muting lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. %nar(L Lea CDFS- AdM�n Initial Applicable) 2. Nov. aq, aoo5 Agenda Item Number Flo A 1 A rovedb the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. 'T�.Le f' 0 CQ 1 1 T Number of Original (5 eS Attached resolutions, etc. signed by the County Attorney's Office and signature pages from 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 5. Sue Filson, Executive Manager Board of County Commissioners 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 6. Minutes and Records Clerk of Court's Office Office and all other parties except the BCC Chairman and the Clerk to the Board 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 1 Name of Primary Staff A'► Pa e)(son Phone Number &54 - S7Z1 Contact appropriate. Initial Applicable) Agenda Date Item was Nov. aq, aoo5 Agenda Item Number Flo A 1 A rovedb the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 'T�.Le f' 0 CQ 1 1 T Number of Original (5 eS Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forts/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 NA 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 n document or the final negotiated contract date whichever is applicable. h I 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 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 /y, time frame or the BCC's actions are nullified. Be aw a of. our deadlines! 6. The document was approved by the BCC on a Onter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forts/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A 1 u v� ;_►� u Date: December 1, 2005 To: Amy Patterson Impact Fee Manager From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16A1; Interlocal Agreement between Collier County and the City of Naples regarding Impact Fees Enclosed please find the original document (Agenda Item #16A1) as referenced above, which was approved by the Board of County Commissioners on Tuesday, November 29, 2005. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department for Recording. We will also need a cost number for the Recording of this document. If you have any questions, please call me at 774 -8406. Thank you. Enclosure 16A 1 Agenda Item No. 16A1 November 29, 2005 Page 4 of 8 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING IMPACT FEES THIS INI'ERLOCAL AGREEMENT ( "Agreement ") is made and entered into as of this day of 2005, by and between Collier County, Florida ( "County ") and the City of Naples, Florida ( "City "). RECITALS: WHEREAS, effective March 19, 2001, Collier County enacted Ordinance No. 2001 -13, known as the "Collier County Consolidated Impact Fee Ordinance," which Ordinance repealed and superseded a number of separate impact fee ordinances; and WHEREAS, the parties had previously entered into separate interlocal agreements with respect to several of these repealed and superseded impact fee ordinances, including an Interlocal Agreement dated January 1989, with respect to Parks and Recreational Facilities Impact Fees; an Interlocal Agreement dated September 18, 1990, with respect to Road Impact Fees; and an Interlocal Agreement dated March 4, 1992, with respect to Emergency Medical Services System Impact Fees (collectively referred to as the "Prior Impact Fee Interlocal Agreements "); and WHEREAS, the Collier County Consolidated Impact Fee Ordinance, codified and hereinafter referred to as Chapter 74 of the Collier County Code of Laws and Ordinances, provides for the imposition of impact fees in both the unincorporated and incorporated areas of Collier County to provide a source of revenue to fund the construction or improvement of public facilities necessitated by growth; and WHEREAS, the parties wish to enter into a single interlocal agreement for the collection of impact fees; and 16A I Agenda Item No. 16A1 November 29, 2005 Page 5 of 8 WHEREAS, the parties agree that it is in their best interest that impact 'fees imposed on new development be collected and accounted for in an expeditious and efficient manner, and that such efficiency can best be achieved by the collection of impact fees by the City issuing building permits within its municipal boundaries. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the patties agree as follows: I. Incorporation of Recitals. All of the above REC]TALS are hereby expressly incorporated herein by reference as if set forth fully below. II. Road Impact Fees. 1. The City shall require, as a prerequisite to the issuance of a building permit within its boundaries, the payment to the City of the Road Impact Fees imposed by the County. 2. The City will retain the first Two Hundred Thousand Dollars ($200,000.00) in Road Impact Fees it collects during each fiscal year (October 1 through September 30), which shall be used for the purpose of providing growth- necessitated capacity improvements and additions to the transportation network, 3. The Road Impact Fees collected by the City in excess of the first Two Hundred Thousand Dollars ($200,000.00) shall be remitted, without interest, to the County on a quarterly basis. The remittance of these funds to the County shall take place no later than the fifteenth (150') of the month following the quarter of impact fee collections. 4. Impact fees remitted to the County pursuant to this Section shall be used for capacity improvements on public roads within or adjacent to the existing or amended boundaries of Collier County Road Impact Fee District 3. The parties shall meet at least annually to coordinate and prioritize their respective projects to facilitate and evaluate the effectiveness of capacity improvements funded by Road Impact Fees. 2 16 A 1 Agenda Item No. 16A1 November 29, 2005 Page 6 of 6 HI. Other Impact Fees 1. The City shall require, as a prerequisite to the issuance of a building permit, the payment to the City of the Regional Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, Library System Impact Fees, Correctional Facilities Impact Fees, General Government Impact Fees, and any other Impact Fee that may be adopted by the County subsequent to the effective date of this Agreement. 2. The Impact Fees collected by the City for Regional Parks and Recreation, Emergency Medical Services System, Correctional Facilities, Library System Impact Fees, General Government Impact Fees and any other impact fees that may be adopted by the County subsequent to the effective date of this Agreement, shall be remitted, without interest, by the City to the County on a quarterly basis. The remittance of these funds to the County shall take place no later than the fifteenth (15th) of the month following the quarter of impact fee collections. 3. As reimbursement for its costs incurred in the collection of the Impact Fees, the City will retain two percent (2%) of all Impact Fees it collects and remits to the County. The parties agree that this 2% fee is adequate to pay for the entire cost incurred by the City for the collection of these Impact Fees, including any increase in bonding or surety costs that may result from the handling of these fees, together with all administrative costs. IV. Developer Contribution Credits. The City may not grant any impact fee credits. V. Review Hearines. Collier County shall conduct all review hearings requested by an applicant or an owner pursuant to the provisions of Chapter 74, Collier County Code of Laws and Ordinances. VI. Term. This Agreement shall be effective for an initial term commencing with the date first above written and ending September 30, 2006, with the $200,000 Road Impact 3 16A 1 Agenda Item No. 16A1 November 29, 2005 Page 7 of 8 Fee retention by the City prorated to account for the initial term not being a full year. This initial term shall be automatically renewed for additional one -year terms commencing October 1 of each year and terminating September 30 of the succeeding year unless one party delivers a written notice of termination to the other party prior to August 1 of each year. VII. Ri¢ht of Review. The parties will cooperate and shall have the reciprocal right to review the records of the other as to the receipt, allocation, and expenditure of impact fees, including records regarding the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and places. VHI.Amendments. The County shall provide written notice to the City of amendments to Chapter 74, Collier County Code of Laws and Ordinances prior to the effective date of any such amendment, and shall provide a copy to the City of its Administrative Procedures Manual pertaining to Impact Fees.. Unless objected to in writing by the City, any additional Impact Fees imposed by the County will be collected and disbursed by the City in the same matter as set forth in Section III. IX. Notices. All notices required under this Agreement shall be directed to the following offices: For the County: Office of the County Manager 3301 East Tamiami Trail Naples, Florida 34112 For the City: Office of the City Manager 735 Eighth Street South Naples, Florida 34102 4 Agenda Item No. 16 November 29, 2005 Page 8 of 8 X. Miscellaneous Leeal Matters. With respect to the subject matter herein, this Agreement is the entire agreement between the parties, superseding all previous oral and written representations, understandings, and agreements, including but not limited to the Prior Impact Fee Interlocal Agreements, between the parties. This Agreement can only be changed by a writing signed by both parties. The County shall record this Agreement at its sole cost in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: , City Clerk ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA By: BILL BARNETT, MAYOR BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Robert D. Pritt, City Attorney 5 Page 1 of 1 Martha S. Vergara l v ti 1 From: Patterson_a [AmyPatterson @colliergov.net] Sent: Wednesday, July 11, 2007 12:17 PM To: Martha S. Vergara Subject: RE: Interlocal Agreement from Nov. 29, 2005 BCC Meeting Item #16A1 Martha, That interlocal was never signed by the City of Naples nor was it recorded, because of a disagreement that arose after that BCC meeting. A different interlocal between the City and the County was approved on July 25, 2006 and was recorded on July 31, 2006. Amy From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Friday, July 06, 2007 10:09 AM To: Patterson_a Subject: Interlocal Agreement from Nov. 29, 2005 BCC Meeting Item #16A1 Amy, Quick question about this interlocal... Did you receive a copy of this, and was it recorded.... I was going thru some old paperwork and found a copy and the routing slip but it's not a signed copy.. Thanks, Martha Vergara Deputy Clerk - BMR 239- 732 -2646 ext. 7240 7/13/2007 ORIGINAL DOCUMENTS CHECKLIST & ROU1'�'�T�S TO ACCOMPANY ALL ORIGINAL DOCUMENTS S If THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT 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 r 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 ..F.0 r1,1.,:.....__1 4 ..,,e. _ .i—, 4 ri— rl,rn „uh —tinn tines #1 thmnah #4._ complete the checklist. and forward to Sue Filson (line #5). vnw uuaa va um �..aamuaaaaa o e. . «w..., ... «.. » ...... »....» .. Route to Addressee(s) (List in routing order ..._.... ....__ .. _ ____ __ __ __ __ _ _ ___ _ _ _. Office Initials Date 1. CD $- Admi n. Initial .� 2. aoo,5 Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. —�^ ° "� J. t'C� �.Q (eCMW + Number of Original I Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office J 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 ­aa Name of Primary Staff Pa*crson Phone Number 6d- 5 7 a 1 Contact appropriate. Initial Applicable) Agenda Date Item was aoo,5 Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Attached —�^ ° "� J. t'C� �.Q (eCMW + Number of Original I Documents Attached u INSTRUCTIONS & CHECKLIST .. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 Attomey'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 NA 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 /Ltd 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 should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. n Some documents are time sensitive and require forwarding to Tallahassee within a certain / time frame or the BCC's actions are nullified. Be aw a of your deadlines! 6. 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 �.. County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A2 MEMORANDUM Date: December 1, 2005 To: Amy Patterson Impact Fee Manager From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16A2; Interlocal Agreement between Collier County and the City of Everglades regarding Impact Fees Enclosed please find the original document (Agenda Item #16A2) as referenced above, which was approved by the Board of County Commissioners on Tuesday, November 29, 2005. Please forward to the appropriate parties for signatures and return a fully executed original to the Minutes and Records Department for Recording. We will also need a cost number for the Recording of this document. If you have any questions, please call me at 774 -8406. Thank you. Enclosure 16A2 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF EVERGLADES REGARDING IMPACT FEES ��C>M X X O lD .9 -0 r + O -3 bet THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into as of this o 1 iu �yx G day of Nav em bed , 2005, by and between Collier County, Florida ( "County ") tm 0 and the City of Everglades, Florida ( "City "). impact fees; and Page 1 of 6 RECITALS: Q W S �W �d N ra WHEREAS, effective March 19, 2001, Collier County enacted Ordinance No. 2001 -13, ; �+ w rr =r m O known as the "Collier County Consolidated Impact Fee Ordinance," which Ordinance repealed o o N R7 and superceded a number of separate impact fee ordinances; and OD H � n t c r o �i? bi7 y LO C.J w Cf cn WHEREAS, the Collier County Consolidated Impact Fee Ordinance, codified and W o ° o - r r G hereinafter referred to as Chapter 74 of the Collier County Code of Laws and Ordinances, �o c C provides for the imposition of impact fees in both the unincorporated and incorporated areas of Collier County to provide a source of revenue to fund the construction or improvement of public r �bd O w facilities necessitated by growth; and WHEREAS, the parties wish to enter into an interlocal agreement for the collection of O a N o impact fees; and Page 1 of 6 OR: 3983 PG: 0516 16A2 WHEREAS, the parties agree that it is in their best interest that impact fees imposed on new development be collected and accounted for in an expeditious and efficient manner, and that such efficiency can best be achieved by the collection of impact fees by the City issuing building permits within its municipal boundaries. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. Incorporation of Recitals. All of the above RECITALS are hereby expressly incorporated herein by reference as if set forth fully below. II. Collection and Payment of Fees. 1. The City shall require, as a prerequisite to the issuance of a building permit, the payment to the City of the Regional Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, Library System Impact Fees, Correctional Facilities Impact Fees, Educational Facilities System Impact Fees, General Government Impact Fees, Law Enforcement Impact Fees and any other Impact Fee that may be adopted by the County subsequent to the effective date of this Agreement. 2. The Impact Fees collected by the City for Regional Parks and Recreation, Emergency Medical Services System, Education Facilities System, Correctional Facilities and Library System Impact Fees, General Government Impact Fees, Law Enforcement Impact Fees and any Page 2 of 6 OR; 3983 Pc; 0517 16A2 other impact fees that may be adopted by the County subsequent to the effective date of this Agreement, shall be remitted, without interest, by the City to the County on a quarterly basis. The remittance of these funds to the County shall take place no later than the fifteenth (15"') of the month following the quarter of impact fee collections. 3. As reimbursement for its costs incurred in the collection of the Impact Fees, the City will retain two percent (2 %) of all Impact Fees it collects and remits to the County. The parties agree that this 2% fee is adequate to pay for the entire cost incurred by the City for the collection of these Impact Fees, including any increase in bonding or surety costs that may result from the handling of these fees, together with all administrative costs. _.. III. Road Impact Fees. As of the date of this Agreement, no Road Impact Fees are currently imposed upon development located within the City. Should Road Impact Fees be imposed during the term of this Agreement, the City shall collect and disburse such fees, and be reimbursed, in the same manner as set forth in Section II above. IV. Developer Contribution Credits. The City may not grant any impact fee credits. V. Review Hearings. Collier County shall conduct all review hearings requested by an applicant or an owner pursuant to the provisions of Chapter 74, Collier County Code of Laws and Ordinances. Page 3 of 6 OR: 3983 PG: 0518 16 A 2 '78 VI. Term. This Agreement shall be effective for an initial term commencing with the date first above written and ending September 30, 2006. This initial term shall be automatically renewed for additional one -year terms commencing October 1 of each year and terminating September 30 of the succeeding year unless one party delivers a written notice of termination to the other party prior to August 1 of each year. VII. Right of Review. The parties will cooperate and shall have the reciprocal right to review the records of the other as to the receipt, allocation, and expenditure of impact fees, including records regarding the issuance of building permits. All such inspections shall be made upon reasonable notice and at reasonable times and places. VIII. Amendments. The County shall provide written notice to the City of amendments to Chapter 74, Collier County Code of Laws and Ordinances, prior to the effective date of any such amendment, and shall provide a copy to the City of its Administrative Procedures Manual pertaining to Impact Fees. Unless objected to in writing by the City, any additional Impact Fees imposed by the County will be collected and disbursed by the City in the same matter as set forth in Section III. IX. Notices. All notices required under this Agreement shall be directed to the following offices: Page 4 of 6 OR: 3983 PG: 0519 16A2 For the County: Office of the County Manager 3301 East Tamiami Trail Naples, Florida 34112 For the City: Office of the Mayor 102 Broadway Avenue East Everglades City, Florida 34139 X. Hold Harmless — County. To the extent permitted by law, the County agrees to hold the City harmless from all liability, which may result from the negligent performance of the County's obligations as set forth herein, however this paragraph shall not constitute a waiver of the County's sovereign immunity pursuant to Florida Statutes, Section 768.28. XI. Hold Harmless — City. To the extent permitted by law, the City agrees to hold the County harmless from all liability, which may result from the negligent performance of the City's obligations as set forth herein, done in accordance with the terms of this Agreement. XII. Miscellaneous Legal Matters. With respect to the subject matter herein, this Agreement is the entire agreement between the parties, superseding all previous oral and written representations, understandings, and agreements between the parties. This Agreement can only Page 5 of 6 OR; 3983 16 PG; 0520 * ** be changed by a writing signed by both parties. The County shall record this Agreement at its sole cost in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: ATTEST, DWMftT E. tVkOCK, Clerk Ahest', 1 Ulerk Signs only Apircy'%rm and legal sufficiency: Jeffr A. Iatzkow Assis nt C my Attorney CITY COUNCIL OF THE CITY OF EVERGLADES, FLORIDA BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: �k_a__ W . FRED W. COYLE, Chairman Page 6 of 6 I Item # jtoftl Agenda, , .05 Date I Dats_ Red �P .C. ORIGINAL DOCUMENTS CHECKLIST & ROTING Ar TO ACCOMPANY ALL ORIGINAL DOCUI WNTWENT T 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, COMEllete the checklist and forward to Sue Filson time #5) Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. Agenda Item Number Applicable) 2. 1 3. A R "b1a"'1 Number of Original 4. e N Documents Attached 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 Contact 91C 1i ASS Q "N to\ Phone Number 2 l 3 . Agenda Date Item was appropriate. Agenda Item Number Applicable) Approved by the BCC 1 Type of Document Attached A R "b1a"'1 Number of Original e N Documents Attached INSTRUCTIONS &CHECKLIST l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 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 document or the final negotiated contract date whichever is applicable. G>� 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. G 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! 6. The document was approved by the BCC on I 29 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 lo 160 MEMORANDUM Date: December 1, 2005 To: Cheri Rollins Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -406: Florida Division of Historical Resources Grants -In -Aid Application in support of the Application to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve. Enclosed please find the original document and certified Resolution, as referenced above, (Agenda Item #16A3), approved by the Board of County Commissioners on November 29, 2005. After Grant Subbmital to the State of Florida Department of State, please return a copy of the original document to the Minutes & Records Department to be kept in the public record. If you should have any questions, please call 774 -8406. Thank you. Enclosure � 16A3 RESOLUTION NO. 2005 - 406 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER, FLORIDA, APPROVING THE SUBMITTAL OF A HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION FOR A COMMUNITY EDUCATION PROJECT AT OTTER MOUND PRESERVE AND AFFIRMING COMMITMENT TO PROVIDE THE REQUIRED LOCAL MATCH WHEREAS, the State of Florida Department of State, Division of Historical Resources provides funding to assist in the identification, excavation, protection, and rehabilitation of historic and archaeological sites in Florida; and the education of the public about these important resources; and WHEREAS, a local match of no less than the amount requested is required; and WHEREAS, Collier County desires to develop an interpretive trail at the Otter Mound Preserve; and WHEREAS, if funded, the grant will require execution of a grant agreement, which will be presented to the Board of County Commissioners for approval, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners approves the submittal of a Historical Resources Grants -in- Aid Application for a Community Education project at Otter Mound Preserve and affirms that matching funds have been reserved and committed to the project. This Resolution adopted this __ZJ day of 4911005, after motion, second and majority vote in favor of adoption. ATTEST II H E ,BRQC*, Clerk B Y: n.C- S 54 4 lr Appro la °ct.-as to- fd"rm and legal sufficiency By- ThomA Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIE9 C LINTY, FLORIDA By: Fred W. Coyle, Chairma 16A3 Memorandum Date: December 12, 2005 To: Ann Jennejohn, Deputy Clerk Minutes and Records Department From: Melissa Hennig, Environmental Specialist Environmental Services Department Re: Resolution 2005 -406: Florida Division of Historical Resources Grants -In -Aid Application in support of the Application to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve. Enclosed please find for the public record a copy of the original document, as referenced above (Agenda Item #16A3), approved by the Board of County Commissioners on November 29, 2005 Please call me at 213 -2957 if you have any questions. Thank you. Enclosure C: ESD grants admin/ H -5 Environmental Services Department Community Development & Environmental Services Division 16A3 HISTORICAL RESOURCES GRANTS - -IN -AID APPLICATION 1) PROJECT TITLE: Otter Mound Preserve Interpretive Trail Project 2) APPLICANT ORGANIZATION: Collier County Board of County Commissioners 3) AMOUNT of GRANT FUNDS REQUESTED: $ 2.501 4) MATCH /LOCAL COST SHARE AMOUNT: $ 2,501 5) PROJECT TYPE (CHECK ONE PLEASE) a) ❑ MAJOR ACQUISITION & DEVELOPMENT or MUSEUM EXHIBIT GRANT to be FUNDED FROM GENERAL REVENUE APPROPRIATION (SPECIAL CATEGORIC b) ❑ ACQUISITION & DEVELOPMENT C) ❑ SURVEY & PLANNING d) © COMMUNITY EDUCATION e) ❑ CERTIFIED LOCAL GOVERNMENT f) ❑ MAIN STREET g) ❑ NON - MATCHING h) ❑HISTORIC MARKER 6) In the space provided below, briefly describe the project and the property or properties for which funding is requested: The Otter Mound Preserve lies in the south - central portion of the Caxambas Point Shell Midden (8CR107) on the southwestern end of Marco Island in Collier County. The 1.78 acre site contains undisturbed shell midden features (c. 750 -1200 AD), historic ornamental Busycon shell terraces constructed during the 1930s and 1940s by former resident Ernest Otter, and an historic outhouse — probably one of the last of its kind in South Florida. If received, funds from the Historical Resource Grant will be used to create three 30" X 42" UV and graffiti resistant interpretive signs that will be installed along the Otter Mound Preserve trail. One sign will pertain to the history of Otter Mound Preserve, one sign will pertain to the history of the Caxambas Point Community and Southwest Florida pioneers, and the final sign will pertain to the pre - Columbian people who inhabited Marco Island. The Marco Island Historical Society, the Southwest Florida Archaeological Society and the Collier County Museum Department will assist with providing accurate historical information for the signs. A portion of the fiords will also be used to purchase materials to create a post and rope fence along sections of the trail. The fence will encourage visitors to remain on the trail in order to protect the sensitive features of the site. Approximately 380 feet of the trail will be lined with the post and rope fence. Florida Department Of State Division of Historical Resources Form HR3E0410705 (Effective July 2005) HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION 8) PROJECT LOCATION INFORMATION: 16A3 ,e PAGE 2 STREET ADDRESS and CITY: Addison Estates Lots 1,2, and 3; Section 21, Township 52 South, Range 26 East Marco Island FL (No site address exists for the property) COUNTY WHERE PROJECT IS LOCATED: Collier COMMUNITY POPULATION• 14,879 COUNTY POPULATION• 286,634 9) APPLICANT INFORMATION: ORGANIZATION NAME: Collier County Board of County Commissioners ADDRESS: 3301 Tamiami Trail East CITY: Naples STATE: FL ZIP: 34112 TYPE OF APPLICANT: ❑ NON - PROFIT ORGANIZATION Q GOVERNMENTAL AGENCY; NAME AND TITLE OF ORGANIZATION'S CHIEF OFFICER: Fred W. Coyle, Chairman, Collier County Board of County Commissioners APPLICANT'S FEDERAL EMPLOYER IDENTIFICATION NO: 59- 6000558 SAMAS NO.: (STATE AGENCIES ONLY) N/A ENDING DATE OF APPLICANT ORGANIZATIONS FISCAL YEAR: September 30 DESIGNATED PROJECT CONTACT: Melissa Hennig ADDRESS: 2800 North Horseshoe Dr. CITY: Naples STA'L'E• FL Zip—.-14.M4 DAYTIME TELEPHONE NO: 239)213 -2957 EXT. FAX NUMBER:.(239)213 - 2960 EMAIL ADDRESS: MelissaHennig @collieraov.net ORGANIZATIONS WEBSITE ADDRESS: www.colliergov.net 10) Florida Legislative and U. S. Congress Information State House Of Representatives District Number And Name Of Representative For Project Location. DISTRICT NUMBER(S): 76 REPRESENTATIVE: Dudley J. Goodlette State Senate District Number And State Senator For The Project Location: DISTRICT NUMBER(S): 37 SENATOR: Burt L. Saunders Congressional District Number And Name Of U.S. Congressional Representative For The Project Location DISTRICT NUMBER(S): 14 CONGRESSMAN: Connie Mack HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION 16A3 '" PAGE 1 1) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Department of State? If yes, specify the year, the project name, the Division that awarded the grant and the amount of the award. YEAR DIVISION PROTECT NAME AWARD '- 2001 Historical Resources Roberts Ranch Preservation Plan $20,000.00 2002 Historical Resources Roberts Ranch $142,392.00 2003 Historical Resources Roberts Ranch $92,028.00 2000 Library & Information Services State Aid to Libraries $412,909.00 2000 Library & Information Services LSTA - Seniors On Line $49,445.00 2001 Library & Information Services State Aid to Libraries $401,455.00 2001 Library & Information Services Immokalee Branch Library Expansion $340,000.00 2001 Library & Information Services LSTA - Seniors On Line $61,482.00 2002 Library & Information Services State Aid to Libraries $416,179.00 12) INDICATE EACH TYPE OF HISTORICAL DESIGNATION CURRENTLY HELD BY THE PROJECT SITE: ❑ Individual National Register Listing Date Listed: ❑ National Register District - Contributing Site Date of District Listing: ❑✓ Determined Eligible or Potentially Eligible (per Florida Master Site File) ❑ Individual Local Designation ❑ Local District Designation - Contributing Site ❑ None Of The Above 13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: ❑ Local Ordinance ❑ Local Ordinance Design Review © Preservation Or Conservation Easement ❑ Protective Covenant [21 Maintenance Agreement Other: (Specify) 14) Provide a brief explanation of Immediate Threats to the site or area such as proposed demolition, extensive structural damage, on -going site disturbance for archaeological sites, planned re- zoning, etc. N/A 15) Describe the Project Activities completed to date: 1. Invasive exotic plant removal (Brazilian pepper, air potato, bowstring hemp) 2. Sign posting ( "Conservation Land" sign, temporary "No Tresspassing" signs - until officially open to public, "Fragile do not walk on shell walls and terraces" signs, and "Historical Structure: Please do not Disturb" sign for outhouse) 3. Removeable locking security bollard installation (Stops unauthorized vehicular access and debris dumping) 16A3 ., 11) APPLICANT'S GRANT HISTORY cont'd Year Division FrojecChlame .Award Library & Information 2003 Services State Aid to Libraries $485,135.00 Library & Information Summer Library Reading 2004 Services Partnership Pilot $7,500.00 Library & Information 2.0.05 Services State Aid to Libraries $416,029.00 Library & Information Golden Gate Branch Library 2005 Services Expansion $500,000.00 HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION 16A3 PAGE 16) Describe the major elements of the project and indicate the entities (i.e. Consultant, in- house, volunteers) responsible for each element. Include in your description the estimated amount of time to accomplish each task (Note: Grants awarded from the Division Historical Resources Operating Trust Fund will have 12 months in which to complete the project. Grants awarded from an appropriation of State General Revenue Funds will have 24 months). SIGNAGE A. Text and graphics compilation (approximately 4 -5 months) - Marco Island Historical Society, Southwest Florida Archaeological Society, Collier County Museum Department and Collier County Environmental Services Department B. Design and creation (approximately 2 -3 months) - Sign contractor hired by Collier County C. Installation (approximately 1 day) - Collier County Facilities Department with Archaeological and Historical Conservancy, Inc. staff archaeologist overseeing sign post hole excavation. 2. TRAIL FENCE Post and rope purchase and installation (approximately 1 week) - Environmental Services Department staff will purchase and install the fence along sensitive portions of the trail that will be identified with the aid of Archaeological and Historical Conservancy, Inc. staff archaeologist. 17) What is the anticipated annual Cost Of Maintenance of the Historic Property, Archaeological Site, or Museum Exhibit upon completion of the project; and what is the source of the funding? 1. Signage is walranteed for twenty years. No annual maintenance costs are anticipated for the signs. 2. Rope and some fence posts may need to be replaced periodically. Approximate cost will be $200 annually. The Otter Mound Preserve was acquired with funds from the Conservation Collier program. An annual management budget exists for all Conservation Collier preserves. 18) Provide a brief description of the Educational Benefits this project will have on the local community and the state. Collier County is a very popular vacation destination for tourists from around the state, country and world. It is also one of the fastest growing areas in the United States. The features of Otter Mound Preserve, interpreted through the signage, will educate local residents, tourists and seasonal visitors about the unique history of Southwest Florida's inhabitants. Local trolley tours currently drive visitors past the preserve and local eco -tour operators have expressed interest in running tours to the site once it is open to the public. The shell terraces that are very distinct features of the site are often mistaken by both tourists and residents as structures that were constructed by the Calusa or some other group of early Native Americans. Educational signage will ensure that the history of Otter Mound Preserve is displayed to all visitors so that inaccurate conclusions are no longer drawn regarding the characteristics of the site and its past inhabitants. 19) What is the estimated Annual Visitation for the project site? 3,000 visitors 16N3 HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION PAGE 5 20) Provide a brief explanation indicating the direct impact of this project on minorities and the disabled. Include any alterations to the site that will make the site more accessible to the public. _ Three public parking spaces and a sidewalk will be created within the right of way of Addison Court, which is adjacent to Otter Mound Preserve. One of the parking spaces and the sidewalk will be built to meet the Americans with Disabilities Act specifications. At least one of the three interpretive signs will be installed along the sidewalk that will meander in front of a portion of the shell terracing. These improvements will make the preserve accessible to a wide variety of visitors. Although the access alterations are not a part of this grant proposal (as they do not fit the category of Conununity Education), they are a part of the overall public access plan for the Preserve. This project has no known direct impacts on minorities. 2 1 ) Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Include any information regarding number of jobs it will provide, if known. Otter Mound Preserve will not be staffed, so no jobs will be created at the site; however, trolley tour bus operators and tour companies in the area will benefit from the creation of an interpretive trail. Having the Otter Mound Preserve open interpreted through signage will generate more business for these companies that cater to individuals wanting to learn it the unique features and history of Marco Island and Southwest Florida. 22) SITE SIGNIFICANCE (FOR ALL ACQUISITION & DEVELOPMENT /SPECIAL CATEGORY PROJECTS or PROJECTS WHICH ARE SITE SPECIFIC): a) For Historic Structures and Archaeological Sites, Enter the Florida Master Site File Number: 8CR107 (Attach copy of the Site File Form as Attachment G) b) For Historic Structures, Date of the Original Construction: c. 1930's - 1940s c) For Historic Structures, Date(s) and Description of Major Alterations: None known d) Original Use of Historic Structure: Outhouse - outhouse; shell terracing - ornamental e) Current Use of Historic Structure: None f) Proposed Use of Historic Structure: Display for educational purposes g) For Archaeological Sites, Provide the Cultural Affiliation of the Site and Dates of Use or Occupation: Glades IIb through Glades IIIa (c. 750 -1200 AD) h) Provide a statement of significance for the property/site: Otter Mound Preserve is a relatively intact shell midden consisting of "abundant and highly important undisturbed archaeological strata and features ". Also "one of the extraordinary historic features located on the parcel is a series of unusual whelk shell 'walls' extending over 300 feet... An historic outhouse, probably one of the last of its kind still extant in South Florida, is still present on the parcel... The Otter parcel is highly significant and is of local and regional significance. The site is regarded as being eligible for listing on the National Register of Historic Places." - The information in quotation marks was provided by Archaeological and Historical Conservancy, Inc. (AHC) staff. AHC is a Florida not - for - profit orgnization dedicated to investigating and preserving significant archaeological sites across Florida and the Bahamas. HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION 23) Acquisition of Historic Properties Full Purchase Price of the Historic Property: N/A Appraised Value of the Property: N/A 16A3 %a I PAGE 6 The maximum grant share for Historic Property Acquisition project shall not exceed 50% of the value of the property as determined by the appraisal; the average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the purchase amount, whichever is less. Pleace refer to the Application Instructions for additional documents required for an acquisition project to be included as Attachment H 24) SURVEY & PLANNING GRANTS: For Surveys, indicate the types of historical resources to be surveyed.N /A a) Provide the title and publication date of any previous surveys in the survey project area. N/A b) Provide an Estimate of How Many Florida Master Site File Forms will be produced: Newly Recorded Sites: N/A Florida Master Site File Updates; N/A (Note: Surveys that record or update more than 35 site locations must produce paper Florida Master Site File forms and also submit the site file data in the electronic data entry program SmartForm provided by the Florida Master Site File.) c) Enter the Acreage of the area to be surveyed: N/A d) For National Register Nominations, indicate the number of anticipated: Individual Nominations: N/A District Nominations: N/A e) Will a multiple property cover nomination be produced? ❑ Yes ❑ No 25) FOR ALL COMMUNITY EDUCATION PROJECTS: a.) For Audio - Visual Productions, Books, Pamphlets, Walking Tour Brochures, etc., Explain how the product will be Marketed and /or Distributed: The interpretive trail will be listed on the Collier County and Marco Island Historical Society websites. In the future, brochures featuring all of the Conservation Collier properties that are open to the public will be produced. b.) How many minutes /pages is the product? 3 - 30" X 42" signs c) How many copies of the product will be produced? 1 HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION 16A3 "R� PAGE 7 d) If the printed /media materials are proposed for distribution, will there be a per item charge? ❑ Yes ❑ No. If Yes, provide the estimated charge. N/A e) For Educational Materials, is the local school system actively involved in your project? ❑ Yes ❑✓ No. If Yes, describe their participation to date and anticipated participation in this project. Although the local school system is not actively involved with this project, the Marco Island Historical Society has - xpressed interest in leading school group tours through the preserve. t) Do you intend to integrate your project into the Florida Heritage Education Program? ❑ Yes © No. g) HISTORIC MARKERS For Historic Markers, include Form No. HR3E171294 from the Bureau of Historic Preservation as Attachment I. 26) FOR ALL MUSEUM EXHIBITS PROJECTS (Special CateEory Museum Projects): a.) In the space below, describe the Florida History museum exhibit for which funding is requested. A b) Provide an estimated of the square footage of the museum exhibit being proposed: N/A 27) Justification of Historical Theme: Explain why this exhibit is important to Florida History N/A HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION 16A3 PAGE 8 28) Detailed Description of exhibit work: Describe each of the following major elements of the exhibit in sufficient detail to demonstrate how the exhibit will be implemented and what methods will be used to achieve your goals. Include research, artifact selection, text /script, design, fabrication, installation, educational programming, promotion and maintenance. Attach completed museum exhibition designs with appropriate sketches as Attachment J. I N/A HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION 29) PROJECT BUDGET 16A3 PAGE 9 BUDGET ITEMS GRANT MATCHING FUNDS or SUB -TOTAL FUNDS LOCAL COST SHARE $ $ $ Interpretive signs (3 - 30" X 42 ") 1,962.00 1,963.00 3,925.00 $ $ $ Shipping of the signs from the contrator 351.00 351.00 702.00 $ $ $ Rope for fence (760 feet) 75.00 75.00 150.00 $ $ $ Metal fence posts (100) 113.00 112.00 225.00 $ $ $ 0.00 $ $ $ 0.00 0.00 0.00 $ $ $ 0.00 $ $ $ 0.00 0.00 0.00 0.00 $ $ $ 0.00 0.00 0.00 0.00 $ $ $ 0.00 $ $ $ 0.00 0.00 0.00 $ $ $ 0.00 TOTALS $ $ $ 2,501.00 2,501.00 5,002.00 HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION 16A3' 04 PAGE 10 30) Matching and Local Cost Share Funds: List the sources and amounts of confirmed matching funds. (For items involving personnel, indicate the munber of hours to be spent on project activities with their per/hour value and the project activities to be performed.) For matching grant projects, funds must not be expended before execution of a Grant Award Agreement. For Special Category grant projects, clearly indicate 1) the resources contributed to the project during the preceding five (5) year period and 2) the resources available for the project during the period for which funding is requested. The matching funds for the project are available within the Environmental Services Department's Conservation Collier Management budget. If the grant is received, a budget ammendment approved by the Board of County Commissioners will transfer $2,501 from the main Conservation Collier managment budget into a separate budget set up specifically for this grant. 16A3 "HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION PAGE 11 CERTIFICATIONS 31) Applicant certification: This certification must be signed by the duly authorized representative of the applicant organization or agency before the application will be considered for funding assistance. :r I certify that the information contained in this application is true and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Name (type or print) Fred W. Coyle ,.#, Agency or organization Collier County BCC Title Chairman ~ r nature Date / / -30 -0 S ° *'„ )• Owner concurrence: If the applicant does n wn the property, the owner of record must sign the o a - 1p�«rig statement indicating concurrence with the proposed project and this application for grant assistance. ,-thP N�ridersigned, am the owner of the property identified under item 8) Project Information on Page Two of this P, application and hereby acknowledge my support for and full concurrence with this application. „w Name (print or type) N/A 4 1 -w Signature Date Address City State Zip Daytime telephone FAX Number 33) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION ;9F'- PROJECTS ONLY): ,4 For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long -term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made. I, the undersigned, am the duly authorized representative of the — owner, long -term lessee, or other organization or agency having responsibility for maintenance of the property identified under item 8) Project Information on Page Two of this application subsequent to completion of the project for which funding is requested. I hereby indicate agreement to execute a restrictive covenant through which the organization or agency I represent will commit to maintenance of the referenced property in accordance with good preservation practice and the applicable standards and guidelines of the Secretary of the Interior for a period of ten years. I further agree that the organization or agency will not make any modifications to the property (other than routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic Preservation and that every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of the Secretary of the Interior. Name (print or type) N/ Title Signature Date Address City State Zip Daytime telephone FAX Number 16A3`1 HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION PAGE 12 ATTACHMENT CHECKLIST 34) The following supporting documents are attached to this application: ❑✓ Attachment A: Civil Rights Assurance of Compliance form . ❑✓ Attachment B: Documentation of Confirmed Match or Local Cost Share ❑✓ Attachment C: Letters of Support, Endorsement, or Resolutions. 0 Attachment D: Photographs describing the existing condition of the property or site ❑✓ Attachment E: A photograph showing the principal view of the subject property or an image that conveys the purpose of the project. It will be shown in the public meeting when the Grant Review Panel or Florida Historical Commission reviews your project. May be submitted in an electronic format. ❑ Attachment F: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). ❑✓ Attachment G: Copy of Florida Master Site File Form. ❑ Attachment H: For Acquisition projects only: A complete summary appraisal prepared by a Florida State Certified General Real Estate Appraiser (two appraisals are required if the value of the first appraisal exceeds $500,000), an ownership and encumbrance search, an executed option or purchase agreement, property survey, and (if applicable) a copy of a professional archaeological survey if the property is being proposed for purchase as a significant archaeological site. ❑ Attachment I: For historic marker projects only: Florida Historic Marker Application Form No. HR3E171294 and verification of review and approval by the Florida Marker Council ❑ Attachment J: If completed, museum exhibition designs with appropriate sketches (MUSEUM EXHIBIT PROJECTS ONLY). ❑ Attachment K: For non - profit organizations only: documentation of non -profit status. ❑ Attachment L: Optional Attachments HISTORICAL RESOURCES GRANTS -IN-AID APPLICATION ATTACHMENT A U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE 16A3 41 PAGE 13 Collier County Board of County Comnussioners (hereinafter called "Applicant - Recipient') hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant- Recipient receives financial assistance from the Florida Department of State and hereby gives assurance that it will immediately take any measures to effectuate this agreement. The Applicant- Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to these titles, to the end that, no person in the United States shall, on the grounds of disability or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant- Recipient receives financial assistance from the National Park Service and hereby gives assurance that it will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant- Recipient by the Florida Department of State, this assurance obligates the Applicant- Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant- Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant- Recipient for the period during which the Federal financial assistance is extended to it by the Florida Department of State. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant- Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant- Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant - Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant- Recipient. Dated 3(amiainl; f 'akl East, Naples, FL 34112 MAILING ADDRESS z 'y Eff Att,�st as Chatma' signature only Colliey �IwJv Wf, Applicant- Recipient By (�.Lsidoii hairman of Board 16A3*" ...0 Attachment B: Documentation of Confirmed Match or Local Cost Share 16A3',� RESOLUTION NO. 2005 - 406 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER, FLORIDA, APPROVING THE SUBMITTAL OF A HISTORICAL RESOURCES GRANTS -IN -AID APPLICATION FOR A COMMUNITY EDUCATION PROJECT AT OTTER MOUND PRESERVE AND AFFIRMING COMMITMENT TO PROVIDE THE REQUIRED LOCAL MATCH WHEREAS, the State of Florida Department of State, Division of Historical Resources provides funding to assist in the identification, excavation, protection, and rehabilitation of historic and archaeological sites in Florida; and the education of the public about these important resources; and WHEREAS, a local match of no less than the amount requested is required; and WHEREAS, Collier County desires to develop an interpretive trail at the Otter Mound Preserve; and WHEREAS, if funded, the grant Mll require execution of a grant agreement, which will be presented to the Board of County Commissioners for approval, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners approves the submittal of a Historical Resources Grants -in- Aid Application for a Community Education project at Otter Mound Preserve and affirms that matching funds have been reserved and committed to the project. This Resolution adopted this day of Y005, after motion, second and majority vote in favor of adoption. 16A3 "� Attachment C: Letters of Support, Endorsement, or Resolutions 16A3"" December 6, 2005 Mr. Frederick P. Gaske Division of Historical Resources Director c/o Bureau of Historic Preservation, Grants and Education Section 500 South Bronough Street Tallahassee, FL, 32399 -0250 RE: Otter Mound Preserve Historical Resources Grant Mr. Gaske: As a long time citizen of Marco Island, I would like to lend my support to the Otter Mound Preserve Interpretive Trail Project. The Otter Mound Preserve is located within the Caxambass Point shell midden complex on Marco Island, and it is historically significant. The trail project would provide an excellent educational opportunity for both the tourists and residents of Collier County. Also, because few public preserve trails that contain interpretive historical signage exist in Collier County, this project would serve to fill an important educational niche in our area. Please consider funding this project in your current grant cycle. Sincerely, James Hatcher Dr. Helmut Nickel 401 North Barfield Drive Marco Island, FL 34145 November 28, 2005 The Director Division of Historical Resources c/o Bureau of Historic Preservation, Grants and Education Section 500 South Bronough Street Tallahassee, FL 32399 -0250 Dear Sir, 16A34"-10 , Egf1VF the Otter Mound Preserve on Marco Island is a 1.78 acres site in the south - central portion of the Caxambas Point Shell Midden (8CR107). It contains undisturbed shell midden features (ca. 750 -1200 AD), and historic Busycon shell terraces constructed during the 1930s by former resident Ernest Otter using shells from a Calusa mound. In order to enhance this historical site to interested visitors, it would be necessary to install interpretive signage along the Otter Mound Preserve Trail. The Marco Island Historical Society, the Southwest Florida Archaeological Society and the Collier County Museum Department will assist in providing accurate historical information. For this project, funds from the Historical Resource Grant would be needed; the estimated project cost is $4,290 (four thousand two hundred and ninety Dollars). As a member of both the Marco Island Historical Society and the Southwest Florida Archaeological Society I ask the Division of Historical Resources to support this project by making available the above funds. Sincerely, c44 Helmut Nickel 16A3', October 5, 2005 Director, Division of Historical Resources c/o Bureau of Historic Preservation Grants and Education Section 500 So. Bronough Street Tallahassee, FL 32399 -0250 Dear sir, This letter is in support of the grant request for the Otter Mound project in Collier County. This is the only intact mound in Collier County that can be seen by the public and investigated by authorized university or public archaeologists. We were pleased when the property was purchased with County funds and with the excellent management by County employees. John W.Thompson Chairman, Collier County Historic and Archaeological Preservation Board Director, Craighead Archaeological Lab at the Collier County Museum Past President FAS clif- Y satin fi City of Wednesday, October 05, 2005 16A3" Frederick Gaske, Director Division of Historical Resources C /O: Bureau of Historic Preservation, Grants and Education Section 500 South Bronough Street Tallahassee, FL, 32399 -0250 RE: Otter Mound Preserve, Marco Island, Collier County, Florida Dear Mr. Gaske: The Otter Mound Preserve, a lush 1.78 acre site that contains varied species of native vegetation, undisturbed shell midden features, historic ornamental shell terraces and an historic outhouse, was recently purchased by Conservation Collier, a program that purchases important environmental and historical lands for public use and conservation within Collier County. The City of Marco Island and Collier County Government have written an interlocal agreement that relies on joint responsibilities of maintenance and management for this historic site. Part of Collier County's duty is to place signage on the site to enhance and educate the public's visit to the Otter Mound Preserve. The estimated cost of three signs and trail borders is $4,290. I support this expenditure of public funds for this property as the signage will provide important historical information that both residents and visitors of Marco Island can benefit from and the trail roping will keep them on the trail to protect the sensitive features of the site. Sincerely, an cy J. Richie Environmental Specialist Cc: William Lorenz, Director, Collier County Environmental Services Department Melissa Hennig, Environmental Specialist, Collier County Environmental Services Department Vincent Cautero, Community Development Director, City of Marco Island Bill Moss, Manager, City of Marco Island 50 Bald Eaglr Drive, Marco Island, Florida 34145 (239) 389 ®5000 FAX (239) 389 -4359 16A3' October 6 2005 Director Division of Historical Resources c/o Bureau of Historic Preservation y � r, Grants and Education Section�: $�` 500 South Bronough Street Tallahassee, FI 32399 -0250 Dear Director: 1 am writing this letter of support to request that you will provide funding through the Historic Research Grant to provide 3 30 "by 42" UV interpretive signs to be installed along the Otter Mound Preserve Trail on Marco Island, Fla and funds for a postlrope fence. The 1.78 acre site contains undisturbed shell midden features (c 750 -1200 A.D) historic ornamental Besycon shell terraces constructed during the 1930s -1940s by former resident Ernest Otter and a historic outhouse - probably one of the last of its kind in South Florida. The Marco Island Historical Society, the Southwest Florida Archeological Society and Collier County Museum department will assist with providing accurate historical information for the signs. A portion of the funds will be used to purchase materials to create a post and rope fence along both sides of the trail. The fence will encourage visitors to remain on the trail in order to protect the sensitive features of the site. I trust we will be the recipients of this significant, and important project. cerely, Cindy Anderson Vice President and Program Chair of the Marco Island Historical Society 16A3', Elizabeth M. Perdichizzi 1200 Putterfly Court, Marco Island, FL 34145 (239) 394-6917 October 7, 2005 Director Division of Human Resources Bureau of Historic Preservation, Grants section 500 South Bronough St Tallahasse, FL 32399 -0250 Dear Sir: We enjoyed Melissa Hennings presentation on the Otter Mound Park. The residents of Marco Island are fortunate that this bit of historic property has been preserved and is being made into a park for all to enjoy and experience. The small parcel combines evidence of ancient Indians, historic pioneer Florida with authentic outhouse, and rare vegetation native to the area. Rare birds and other creatures still visit the property. When completed the park with interpretive trail wil help tell the story of the region in a very graphic way. Please help with funds for signage and walk ways. Sincerely, Elizabeth "Betsy" Perdichizzi " C� �ySPft$8�� d �yA 0 � R, M 'RZORI��' Florida House of Representatives J. Dudley Goodlette, District 76 Chairman, Rules & Calendar Council October 11, 2005 Frederick P. Gaske, Director Division of Historical Resources Bureau of Historical Preservation, Grants and Education Section 500 South Bronough Street Tallahassee, Florida 32399 -0250 Dear Mr. Gaske: I would like to express my support for the grant application of the Collier County Environmental Services Department for their Otter Mound Preserve Interpretive Trail Project. It is important that Floridians learn the history of the State so that they can then honor this heritage and share it with their children. The addition of interpretive signage to this ancient site will assure the dissemination of factual information about our Southwest Florida history. I strongly support the grant application of the Collier County Environmental Services Department. JDG:shi Respectfully J. Dudley Goodlette Staff: Jessica T. Kardas; Sarah H. Innis 3301 East Tamiami Trail Adm. Bldg Suite 203 Naples, FL 34112 (239) 417 -6205 Fax: (239) 417 -6207 513 The Capitol 402 S. Monroe St. Tallahassee, FL 32399 -1300 (850) 488 -4487 Fax: (850) 922 -0806 E -mail address: dudley .goodlette @myfloridahouse.gov 16A3 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Y(-)0a,XW, olwoa�,lx Womwey, 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 October 11, 2005 Mr. Frederick P. Gaske Division of Historical Resources Director c/o Bureau of Historic Preservation, Grants and Education Section 500 South Bronough Street Tallahassee, FL, 32399 -0250 Subject: Otter Mound Preserve Interpretive Trail Project Dear Mr. Gaske: I would like to express my full support of the Collier County Environmental Services Department's application for a Historical Resources Grant for the Otter Mound Preserve project. 61A 3b „` ax J, The Otter Mound Preserve is an important local landmark in Collier County that was purchased with public funds through the Conservation Collier Program, which protects sensitive lands for the benefit of present and future generations. Intense local support existed for the preservation of the Otter Mound site. Marco Island is a popular tourist destination as well as home to many Collier County citizens. Interpretive signage along the trail would serve to enhance the experience for all visitors to Otter Mound — residents and tourists alike. Public funds dedicated to the Otter Mound Preserve Interpretive Trail Project would certainly benefit the public. Thank you for your consideration of this application. If I can be of any assistance, please feel free to contact me. Thank you. DF /ksh Sincerely, Donna Fiala Commissioner, District 1 ,,y.7 rya. t 4h a�r 5 r SENATOR BURT L. SAUNDERS 37th District Tallahassee, Florida 32399 -1100 13 October 2005 Mr. Frederick P. Gaske, Director Division of Historic Resources C/o Bureau of Historic Preservation, Grants and Education Department 500 S. Bronough Street Tallahassee, FL 32399 -0250 Dear Mr. Gaske: 16A3 COMMITTEES: Health and Human Services Appropriations, Chair Commerce and Consumer Services Health Care - Regulated Industries Ways and Means JOINT COMMITTEE: Legislative Budget Commission This letter is to express my support of the funding request by the Collier County Environmental Services Department for the Otter Mound Preserve Project. I sincerely hope that the Collier County Environmental Services Department will receive this much needed and deserved funding through the Division of Historic Resources. The Collier County Environmental Services Department is applying for a Historical Resources Grant from the Florida Department of State for graffiti resistant interpretive signs that will be installed along the Otter Mound Preserve Trail. One sign will have the history of the Otter Mound Preserve while another sign will have the history of the Marco Island Caxambas Point Community and Southwest Florida and the final sign will have information regarding the pre - Columbian people who inhabited Marco Island and Southwest Florida. A portion of these funds will be used to purchase material to create a post and rope fence along both sides of the trail. This fence will guide visitors in remaining on the trail to protect the sensitive areas of the trail. The Otter Mound Preserve is located in the south - central portion of the Caxambas Point Shell Midden (8CR107) on the southwestern end of Marco Island in west - central Collier County, Florida. At the present time there is no signage on this site. The Otter Mound Preserve is open to the public, but not staffed, therefore, the signage will be educational for the general public It is without reservation that I lend my support to the Collier County Environmental Services Department for the Otter Mound Preserve Project and in their efforts to obtain grant funding. If I can be of additional assistance to you in the process, please do not hesitate to contact me. Very ruly yours, AL. ur Saunders State Senator, District 37 REPLY TO: O 3301 Tamiami Trail East, Administration Building F, Suite 304, Naples, Florida 34112 -4902 (239) 417 -6220 O 1039 SE 911h Place, Suite 310, Cape Coral, Florida 33990 -3095 (239) 338 -2777 O 418 Senate Office Building, 404 South Monroe Street, Tallahassee, Florida 32399 -1100 (850) 487 -5124 Senate's Website: www.fisenate.gov TOM LEE CHARLIE CLARY President of the Senate President Pro Tempore .L A 3V4 -lrco IsCand 3- CistoricaCSociety EstablishedMay 17, 1994 �® -16 4 # � +w ® y ,Irk, 1894 October 19, 2005 Director Division of Human Resources Bureau of Historic Preservation, Grants Section 500 S. Bronough St. Tallahassee, FL 32399 -0250 Dear Director P.O. 23OX 2282 Marco IsCanc6 _'L 34146 (941) 394-6917 Re ": Otter Mound Park request The Marco Island Historical Society supports Melissa Hennings request for signage and trail expenses for the Otter Mound parcel on Marco Island. Conservation Collier of Collier County has been instrumental in saving the property, removing exotics, and working to preserve this piece of historical property for the children and residents of the island and the county as a whole. Its importance lies in the fact that it is one of the few, if not the only historically and archaeologically sensitive property in the county to be preserved. Its value to the area will increase through the years. We urge you to grant the request. Sincerely, Fiori William Perdichizzi President °CPxesehvtng the htsfohy and Ikeaxauge o6 otAx cor mtAntfy" � .. r 1 �� r � 1 K� ._: F ,., � � .. �*, � � � $�� � y a � "° �, � � c . � � .� ��� �' �.. n �r. {w . �- � �ti � .� � �^ r '+, "ELF_ a+� � ��` � � y � � � ,�-. �-w., �, w � �� y .. p. a � �" 'M1 ]�4� �,t.. .,,, � 1 , ti'It r Attachment E: 0 U 0 d 0 a� U c� cd N N N b O N O N 'CS O VA 16A3 16A3 Attachment G: Copy of Florida Master Site File Form i I I 1 I f I i I I I I W I 2 1 J 1 -AL.ICi--20-2004 15:220 r c w Jj �hlL Ll -N Ul) .L^ cWhlin W rcV�I tUt�rlimCH -a U C i Ff; H H d {! (7 d N a A-1 dr L 41 J✓ U::- U J N E: W Ja}UyUNUu:Uy{`;" Izl I � I IFI I � 1 1 I I , I a I _ I e 1 1 U I � � I I 1 1 I I W ' tG 1 I } + C? 1 x 1 0 ! tli S r 1 ai I •rv+ 1 I>Ci I N 1 H F-1 I�i H H H CL m I 1 Ri IL U') z � I LCLJ N N N N t w 1 I 1 I I 1 1 1 I 1 I F I I � I 1 Ri I W f 1 � I LCLJ I F 1 I H I W I I H I I Iy' 1 I ii 1 I I b9 I I I I I I I I I 6i 1 rr I I J1 I v 1 raC +a rt r I rn t W W W W I 1 1 CJ CJ N N (V N I I 1 Ih U4 N N u7 Ln x a N N N i n G m + + r ri n n A •'t GO W x C-1 W E tr. a r v� tI £ tcr. N d a a 1 � v W w W 0 to to N N N N• k'. N s N O +•-I r m q H N u7 l? a C w x a ro K Ri VI LD �o M W M M •� O 'C O 1a- \ tC O 7 t•1 to to .q W L }! ,� 1 16A3' 8CR00107 Notice.1 RECF +vrp This site may contain unmarked human remains... Comments: Site traits listed as "sand burial mound" on the Archaeological Site Survey, University of Florida form (n.d.). Please see the database and file folder for more information... (This notice warns the researcher to check all Site File records closely. We do not guarantee the presence or absence of human remains at a site, only that the Florida Master Site File's information indicates that unmarked human remains were present. Thus this sheet is not used for sites currently recorded as historical cemeteries.) Florida Master Site File Burials & Human Remains Revista Project 2003 16A; 8 -Cr -00107 COLLIER COUNTY, CAXAMBAS ESTATES SITE Accession numbers 74.039, 90.013 HISTORY OF B.A.R. ACQUISITION: Material from site 8 -Cr -00107 was transferred to B.A.R. on two occasions: accession 74A.039 in 1974 from B.A.R. staff archaeologists, and accession 90A.013 in 1990 from the Archaeological and Historic Conservancy (AHC), Miami, Florida. In 1974 the Florida Bureau of Archaeological Research conducted investigations at Caxambas Estates prior to development that impinged on part of the site (R. Morrell and W. Cockrell, staff archaeologists). The material recovered from excavation tests was cataloged at B.A.R. as accession 74A.039, but the human teeth fragments were not correctly identified until 1992. In 1989 AHC discovered human remains in a subsurface post -hole test in a field adjacent the main Caxambas site. The field had been found to be virtually sterile of archaeological materials during close order testing (10 meter grid), and the burial was totally unexpected. The burial was permitted for removal by B.A.R. under the provisions of Chapter 872, Florida Statutes, as the area was slated for development. AHC contracted with Dr. D. Dickel (Past Tense Archaeology) to remove and analyze the isolate find in 1990. At the same time, further intensive testing confirmed that not only was the burial an isolate, but there were virtually no other archaeological material in the immediate area. A report of the removal and subsequent analysis are on file at B.A.R. ( Dickel 1990: Archaeological Recovery of a Human Burial from Caxambas Estates, Collier County, Flor'. Via, AHC `"ec n,ical. Report 16). At the request of R. Carr (president, AHC) and under the provisions of the state permit, the burial was accepted into B.A.R. collections in 1990 as accession 90A.013. TEMPORAL AND /OR CULTURAL AFFILIATION: The recovery from the 1974 excavations was found as isolated tooth fragments in shell midden deposits dating to the Orange (late Archaic) and Glades I (early formative) periods. Information available for the 1990 material is less clear: there were no diagnostic artifacts, the burial was isolated and a considerable distance from the better known midden, and bone texture etc. indicated it may not have been in the ground as long. However, there is little doubt the 1990 isolate is prehistoric Native American. Both samples may be attributed to proto - Calusa, although there is some question about whether Calusa cultural and political Appendix Page 1 ❑ Original XUpdate ARCHAEOLOGICAL SITE FORM FLORIDA MASTER SITE FILE Version 2.2 12/95 16A3 Site #8CR107 Recorder # Field Date _8/_1/_02 Form Date _8_/_ 3_/_02 Site Name(s) Caxambas Point Shell Midden [Multiple Listing #8 _ ] Project Name Marco Outflow Drainage Improvements Parcel_ [Survey# rlr-7 33 ] Ownership: ❑ private - profit ❑private - nonprofit ❑private- individual private - unspecified Xcity ❑county ❑state ❑ federal ❑foreign ❑native american ❑unknown USGS 7.5 map name & date (1985 ) Marco Island, Fla. County Collier Township-52S Range-26E Section _21_, ' /<Sect.: NE xNW ❑SE ❑ SW (check all that apply) City / Town _Marco Island in Current City Limits? XY N UTM: zone 1116 017 easting _ _ _ _ _0 northing _ _ _ _ _ _ 0 Address / Vicinity of / Route to CR 951 south to Marco Island, thence south on North Barfield Drive to Watson, thence to Inlet, thence to Indian Hill Road or Caxambas Drive Landgrant Tax Parcel # Name of Public Tract fe.a.. Dark) SETTING STRUCTURES - OR - FEATURES FUNCTION X Land - terrestrial ❑ Lake/Pond - lacustrine ❑ aboriginal boat ❑ fort ❑ road segment ❑ none specified ❑ Cave/Sink - subterranean ❑ River /Stream/Creek - riverine ❑ agric/farm bldg X midden Xshell midden X campsite • terrestrial ❑ Tidal - estuarine ❑ burial mound ❑ mill unspecified ❑ shell mound X extractive site • aquatic ❑ Saltwater- marine ❑ building remains ❑ mission ❑ shipwreck X habitation (prehistoric) • intermittently flooded ❑ marine unspecified ❑ cemetery/grave ❑ mound unspecified ❑ subsurface features ❑ homestead (historic) ❑ Wetland - palustrine ❑ "high energy" marine ❑ dump /refuse ❑ plantation ❑ surface scatter ❑ farmstead IQ usually flooded (historically) ❑ "low energy" marine ❑ earthworks ❑ platform mound ❑ well ❑ village (prehistoric) ❑ sometimes flooded ❑ Glades IIIb ❑ Norwood ❑ St. Johns II Unspecified ❑ Weeden Island Unspec ❑ town (historic) ❑ usually dry ❑ Orange ❑ St. Johns Unspecified ❑ Prehistoric Nonceramic • Early Swift Creek ❑ quarry other ❑ Santa Rosa ❑ Prehistoric Ceramic • Englewood X Glades Unspec ❑ Pensacola Aboriginal ❑ Fort Walton ❑ Hickory Pond ❑ Perico Island ❑ Seminole: Colonization • Alachua ❑ Glades Ia X Late Archaic ? ❑ Safety Harbor ❑ Seminole: 1st War To 2d • Archaic Unspecified? ❑ Glades Ib ❑ Late Swift Creek ❑ St. Augustine ❑ Seminole; 2d War To 3d • Belle Glade I ❑ Glades I Unspec ❑ Leon - Jefferson ❑ St. Johns Ia ❑ Seminole: 3d War On • Belle Glade II ❑ Glades IIa ❑ Malabar I ❑ St. Johns lb ❑ Seminole- Unspecified • Belle Glade III ❑ Glades IIb ❑ Malabar II ❑ St. Johns I Unspecified ❑ Swift Creek Unspecified ❑ Belle Glade IV ❑ Glades IIc ❑ Manasota ❑ St. Johns IIa ❑ Transitional ❑ Belle Glade Unspec ❑ Glades H Unspec ❑ Middle Archaic ? ❑ St. Johns lib ❑ Weeden Island I ❑ Cades Pond ❑Glades rna ❑ Mount Taylor ❑ St. Johns IIc ❑ Weeden Island II ❑ Deptford ❑ Glades IIIb ❑ Norwood ❑ St. Johns II Unspecified ❑ Weeden Island Unspec • Early Archaic ❑ Glades HIc ❑ Orange ❑ St. Johns Unspecified ❑ Prehistoric Nonceramic • Early Swift Creek ❑ Glades III Unspec ❑ Paleoindian ❑ Santa Rosa ❑ Prehistoric Ceramic • Englewood X Glades Unspec ❑ Pensacola ❑ Santa Rosa -Swift Creek ❑ Prehistoric Unspecified • other (Less common phases are not checklisted. For historic sites, also give specific dates if known) Nonaboriginal ❑ 1st Spanish 1513 -99 ❑ 1st Spanish 1600 -99 111 st Spanish 1700 -1763 ❑ 1st Spanish Unspecified • British 1763 -1783 • 2nd Spanish 1783 -1821 X Amer.Tenito(I 1821 -45 ❑ Amer.Civil War 1861 -65 X American 19th Century XAmerican 20th Century • American Unspecified • African- American Explanation of Evaluation (Required if evaluated; limit to 3 lines; attach full justification) Large, undefined 80+ acre site with many cultural and temporal components Recommendations for Site Preservation or further investigation DHR USE ONLY == = = = = == OFFICIAL EVALUATIONS ========DHR USE ONLY 11 NR DATE KEEPER -NR ELIGIBILITY: ❑y On Date / / SHPO -NR ELIGIBILITY. ❑y On Xpe Oil DateK/Z/D E DELIST DATE LOCAL DESIGNATION: Date Local office National Register Criteria for Evaluation ❑a ❑b ❑c ❑d HR6E04506 -92 Florida Master Site File I Div. of Historical Resources I R. A. Gray Bldg 1500 S Bronough St.,Tallahassee, FL 32399.02501(904) 487 -22991 Suncom 277 -22991 Fax 904.921 -0372 Computcr Da .ent File 1ni.g FAD0CSU+0RMSUR._95.D0C ❑ insuff. info Name of Local Register eligible for: Potentially eligible for local designation? x yes Ono Individually eligible for National Register? x yes Ono ❑ insuff. info Potential contributor to NR district? Oyes Xno ❑ insuff. info Explanation of Evaluation (Required if evaluated; limit to 3 lines; attach full justification) Large, undefined 80+ acre site with many cultural and temporal components Recommendations for Site Preservation or further investigation DHR USE ONLY == = = = = == OFFICIAL EVALUATIONS ========DHR USE ONLY 11 NR DATE KEEPER -NR ELIGIBILITY: ❑y On Date / / SHPO -NR ELIGIBILITY. ❑y On Xpe Oil DateK/Z/D E DELIST DATE LOCAL DESIGNATION: Date Local office National Register Criteria for Evaluation ❑a ❑b ❑c ❑d HR6E04506 -92 Florida Master Site File I Div. of Historical Resources I R. A. Gray Bldg 1500 S Bronough St.,Tallahassee, FL 32399.02501(904) 487 -22991 Suncom 277 -22991 Fax 904.921 -0372 Computcr Da .ent File 1ni.g FAD0CSU+0RMSUR._95.D0C 16A: Page 2 ARCHAEOLOGICAL SITE FORM Site #8CR107 Extent Size (mz) 62500m2 Depth /stratigraphy of cultural deposit 0 -60+ cm. Temporal Interpretation Components: ❑ single ❑ prob single ❑ prob multiple x multiple X uncertain ❑ unknown Describe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss temporal and functional interpretations. Integrity Uverall disturbance: ❑ none seen ❑ minor X substantial ❑ majoi Disturbances / threats / protective measures Area Collected _370_ m2 Surface: #collect. Units 13 45cm shovel tests ❑ redeposited destroyed- document! ❑ unknown Excavation: #contiguous blocks Total Artifacts #_ (C)ount or (E)stimate? Site Detection Site Boundaries Overall Collection Strateov Artifact Categories /Artifact Depositions • no field check ❑ exposed ground x screened shovel x bounds unknown ❑ remote sensing ❑ unscreened shovel- • literature search ❑ posthole digger ❑ aerial photo x none by recorder ❑insp exposed ground ❑ screened shovel • informant report ❑ —1 1 11 literature search ❑ posthole digger El block excavations ii remote sensing 11 unscreened shovel ❑ informant report ❑ auger--size:— ❑ estimate or guess Number, size, depth, pattern of units; screen size ❑controlled (by subarea) _ daub bone - unspecif Extent Size (mz) 62500m2 Depth /stratigraphy of cultural deposit 0 -60+ cm. Temporal Interpretation Components: ❑ single ❑ prob single ❑ prob multiple x multiple X uncertain ❑ unknown Describe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss temporal and functional interpretations. Integrity Uverall disturbance: ❑ none seen ❑ minor X substantial ❑ majoi Disturbances / threats / protective measures Area Collected _370_ m2 Surface: #collect. Units 13 45cm shovel tests ❑ redeposited destroyed- document! ❑ unknown Excavation: #contiguous blocks 1. 2. 3. N= (Use abbreviation(s) from Deposition List to fill blank(s) of pertinent Artifact Categories) 5._ 6.N N =_ 7. _ N= 8. DIAGNOSTICS (Type and frequency) N= 10. _ N= N= 9. N =_ 11. 12. N= — 909W ISM Nearest fresh water (type & name) freshwater pond 4 miles to northwest Distance (m)/bearing Natural community disturbed tropical dune hammock Local vegetationcabbage palm tropical hardwoods, live oak Topographyparabolic dune ridge MIN Elevation _0_ m MAX Elevation 4M Present land use undeveloped, disturbed right of way SCS soil series Lakeland fine Soil association Pamlico terrace sand Informant(s): Name /Address /PhoneJohn Beriault, Robert S. Carr Location & File numbers (field notes, artifacts /accession nos, photographs /negative nos.) Archaeological and Historical Conservancy Inc P.O. Box 450283 Miami Fl. 33145 (305)325 -0789 Manuscripts or Publications on the site (Use Continuation Sheet, give FSF# if relevant) Recorder(s): Name /Address /Phone John Beriault Affiliation or FAS Chapter_ FAS, SHA, AHC * * * PLEggsm ZNCLVDE BITE IPLgNti3 * * * LARGE SCALE MAP: At T' =200' or larger scale, show: site boundaries, scale, North arrow, datum, test/collection units, tie -ins to USGS. NARRATIVE DESCRIPTION /CONTINUATIONS: Attach additional sheets with detailed information or with continuations Computer Document File Irving F :IDOCSIFORMSIAR 95.DOC Total Artifacts #_ (C)ount or (E)stimate? _c_ Surface # Subsurface # Overall Collection Strateov Artifact Categories /Artifact Depositions Disposition List ❑ unknown x unselective (all artifacts) — unspecified nonlocal- exotic A - this catagory always collected ❑ selective (some artifacts) — lithics, aboriginal metal, nonprecious O - observed, not collected ❑ mixed selectivity _ _ ceramic-aboriginal— bone -human i - informant reported or collected ❑ uncollected ❑ general (not by subarea) ceramic- nonaboriginal _ _ _ bone - animal S - some items In category collected ❑controlled (by subarea) _ daub bone - unspecif R - collected & reburied at site ❑ variable spatial control _ brick /bldg matl _S _ unworked shell U - unknown ❑Other — glass _A _ worked shell _ precious metal /coin Other 1. 2. 3. N= (Use abbreviation(s) from Deposition List to fill blank(s) of pertinent Artifact Categories) 5._ 6.N N =_ 7. _ N= 8. DIAGNOSTICS (Type and frequency) N= 10. _ N= N= 9. N =_ 11. 12. N= — 909W ISM Nearest fresh water (type & name) freshwater pond 4 miles to northwest Distance (m)/bearing Natural community disturbed tropical dune hammock Local vegetationcabbage palm tropical hardwoods, live oak Topographyparabolic dune ridge MIN Elevation _0_ m MAX Elevation 4M Present land use undeveloped, disturbed right of way SCS soil series Lakeland fine Soil association Pamlico terrace sand Informant(s): Name /Address /PhoneJohn Beriault, Robert S. Carr Location & File numbers (field notes, artifacts /accession nos, photographs /negative nos.) Archaeological and Historical Conservancy Inc P.O. Box 450283 Miami Fl. 33145 (305)325 -0789 Manuscripts or Publications on the site (Use Continuation Sheet, give FSF# if relevant) Recorder(s): Name /Address /Phone John Beriault Affiliation or FAS Chapter_ FAS, SHA, AHC * * * PLEggsm ZNCLVDE BITE IPLgNti3 * * * LARGE SCALE MAP: At T' =200' or larger scale, show: site boundaries, scale, North arrow, datum, test/collection units, tie -ins to USGS. NARRATIVE DESCRIPTION /CONTINUATIONS: Attach additional sheets with detailed information or with continuations Computer Document File Irving F :IDOCSIFORMSIAR 95.DOC 16A3 • -:1 I�rqc"W"411 Thp. 52S, Rng. 26E, Section 21 0 114 1/2 mile e: USGS Marco Island Quadrangle, 1973 of a A 16A3 • -:1 I�rqc"W"411 Thp. 52S, Rng. 26E, Section 21 0 114 1/2 mile e: USGS Marco Island Quadrangle, 1973 STATE OF FLORIDA DEPARTMENT OF STATE FLORIDA MASTER SITE FILE '1 C4..J Division of Archives, History and Records Management DS- HSP -3X 9 -79 1009 = = 830 = = 906= = 16A3 Col I I C/t 808= = 930= = Site 916= _ ❑ Building 916= _ ❑ Structure 916= _ ❑ Object 916= _ ❑ District 916= _ o� Old„ COI I peer ai--. o v ' -OWPX oo13 02= - 904= = 816= = 818= = 1619 1.0161. 820= = 848 = = 914= = 980= = ❑ Federal 982 = r ❑ State 982 = _ ❑ Local 982 = _ ❑ County 982= _ 839 = _ 804 == I I 1 1 828 == 1 1 1 1 1 832= = uSGS kAaarca 7.5 do * 1473 809= _ - r5aS.It E,S CIQ12FG)C3 812 == �5 5 s 441 y 0 w 800= 0 4366'20 a865'99b 890 - 11171 $11 = = 14131° 61 ACI 892== Ia1'S 16151919 101 893 = _ 1645fi ❑ Excellent 863 = = ❑ Deteriorated 863 = = ❑ Altered 858= _ ❑ Restored( XDate: x )858== ❑ Good 863= = ❑ Ruins 863= = ❑ Unaltered 858= _ ❑ Moved( XDate: K )858= _ ❑ Fair 863= = ❑ Unexposed 863= = ❑ Destroyed 858= _ ❑ Original Site 858= ❑ Redeposited863= = ❑ Zoning 878= ❑ Development 878= _ ❑ Deterioration 878= ❑ Borrowing 878= ❑ Estuaries 814= = ❑ Bombing Range Ridge 814 = = ❑ Brooksville Ridge 814= = ❑ Coastal Swamps 814= = ❑ DeSoto Plain 814= = ❑ Estuaries 814= = ❑ Gordonville Ridge 814 == ❑ Gulf Barrier Chain 814 == ❑ Transportation 878= = ❑ Fill 878= _ ❑ Dredge 878= = 878 = = ❑ Gulf Coastal Lagoons 814= = ❑ Gulf Coastal Lowlands 814= = ❑ Intrarldge Valley 814= = ❑ Lake Henry Ridge 814 = = ❑ Lakeland Ridge 814= = ❑ Lake Upland 814= = ❑ Lake Wales Ridge 814= = 926 = = 879 = = ❑ Osceola Plain 814 == ❑ Polk Upland 814 = = ❑ Rock Ridge Hills 814 = = ❑ Western Valley 814= = ❑ Winter Haven Ridge 814= = ❑ Zephyrhills Gap 814 = = a a r I 1 1 824 = = I I I 1 825 = = i IA SI 924 = = I I I 1 925 = = 837= = ❑ Adamsvllle- Pompano 838= = ❑ Arredondo -Ft Meade - Astatula 836= = ❑ Arredondo-Kendrick 838= = ❑ AstatulaSt Lucie 836= = ❑ Astatula -St Lucie 836= = ❑ Astatula- Tavares - Basinger 836= = ❑ Astor 836= = ❑ Basinger - Placld 836= = ❑ Basinger- Pompano -Swamp 836= = ❑ Blichton- Lochloosa- Kendrick 836= = ❑ Bradenton -Salt water swamp 836= = ❑ Brighton- Placid 836= = ❑ Brighton -Terra Ceia 836= = ❑ Broward- Bradenton - Manatee 836= = ❑ Candler - Paola- Tavares 836= = ❑ Candler- Tavares 836= = ❑ Chobee- Delray 836= = ❑ Delray- Manatee - Pompano 836= = ❑ Felda- Pompano - Wabasso 836= = 833 = = ❑ Freshwater swamp 836= _ ❑ Freshwater swamp and marsh 836 == ❑ Immokalee - Myakka- Pompano 836= _ ❑ Immokalee - Pomello 836= _ ❑ Made land -Palm Beach 836= _ ❑ Mine pits and dumps 836= _ ❑ Myakka- Astatula- Tavares 838= _ ❑ Myakka - Immokalee - Basinger 836= _ ❑ Myakka - Immokalee - Pomello 836= _ ❑ Myakka - Placid -Swamp 836 = = ❑ Myakka - Pomello - Basinger 836= _ ❑ Ona- Myakka 836= _ ❑ Pomello - Basinger -St Lucie 836= _ ❑ Paisley - Bushnell 836= _ ❑ Placid - Basinger 838= _ ❑ Placid -Swamp 838= _ ❑ Pompano-Charlotte- Delray 836-- ❑ Pompano - Delray am= = ❑ Pompano, high -Felda 836= = 934= = ❑ Pompano, high-Pompano 836 == ❑ Pomello-Myakka- Tavares 838= = ❑ Pomello- Paola -St Lucie 836= = ❑ Pomello -St Lucie 838= = ❑ Scranton,var -Ona- Placid 836= = ❑ Sunnlland- Bradenton 836= = ❑ Swamp 836= = ❑ Tavares- Adamsville 838= = ❑ Tavares - Adamasville SW= _ ❑ Tavares - Basinger- Candler 836= _ ❑ Tavares - Myakka 836= _ ❑ Tavares- Myakka - Pomello 836= ❑ Terra Cela 836= _ ❑ Tidal marsh and swamp - Coastal beach ridges 838= _ ❑ Urbanland 838 =_ ❑ Wabasso-Bradenton- Myakka 836= _ ❑ Wabasso-Elred- Oldsmar 836= _ ❑ Wabasso-Felda 836= _ Tido-L &A.&a" - +LAaj.. 836= ii 4 E� . 948= = U.M -*-1 831 = = 0309020*: IFI Z - �'axl &tfi &w 810 = = to; Sa^,J. P t/►1r4. 840= = S6*.Y .,6 finvne*42% 840= = 834 dr ❑ relatively undisturbed 962= _ ❑ minor 962= _ ❑ moderate 962= _ ❑ major 962- _ ❑ totally destroyed 962= _ ❑ tree disturbance 963= = ❑ borrow pit 963= = ❑ sandmining 963= _ ❑ wind erosion 963= = ❑ boat dock 963= = ❑ agricultural 963= _ ❑ pipe line 963= = ❑ parking lot 963= = ❑ residential development 963= _ ❑ 963 = = ❑ Single artifact 838= = ❑ Artifact scatter 638= = ❑ Fort 838= _ ❑ Mound 838= = ❑ Earthworks 838= = ❑ Mill 838= _ ❑ Burial Mound 838 = = ❑ Cemetery 838 = = ❑ Historic structure/ ❑ Temple Mound 838= = ❑ Mission 838= = associated debris 838= _ ❑ Mound complex 838= = ❑ UW: Shipwreck 838= = ❑ Indeterminate 838= _ ❑ Midden Shell madden 838= = 838= _ ❑ UW: Refuse ❑ UW: Habitation 838= = 838= = ❑ Unknown ❑ 838= _ 838= _ ❑ Agricultural 850= _ ❑ Government 850= = ❑ Park 850= = ❑ Transportation 850= = ❑ Commercial 850= = ❑ Industrial 850= = ❑ Private Residence 850 = = Other (specify): ❑ Educational 850= = ❑ Military 850= = ❑ Religious 850= = ❑ 850= = ❑ Entertainment 850= = ❑ Museum 850= _ ❑ Scientific 850= = ❑ 850= = 875 = = 870= = 880= = ❑ Paleo- Indian 840= = ❑ Weeden Island 840= = ❑ Spanish 840= = ❑ Archaic 840= = ❑ Englewood 840= = ❑ American 840= = ❑ Deptford 840= _ ❑ Safety Harbor 840= _ ❑ 840= = ❑ Perico island 840= _ ❑ Glades 840= = 840= _ ❑ Paleo- Indian ❑ Archaic ❑ Woodland ❑ Mississinoian 842= = ❑ Historic, 15th century 842= = 842= = ❑ Historic, 16th century 842= = 842= - ❑ Historic, 17th century 842= = 842 = _ ❑ Historic, 18th century 842= = ❑ Historic, 1 9th century 842 = = ❑ Historic, 20th century 842= = ❑ R42= = I I I I 1 844=_ [ 1 1 1 1 1 846 =_ ❑ General 907= _ ❑ Selective 907= _ ❑ Controlled 907= _ ❑ Unknown 907= _ ❑ ❑ shovel test 908= _ ❑ extensive excavation 908= _ ❑ other 908 = _ ❑ test excavation 908= _ ❑ coring ❑ augertest 908= _ ❑ unknown ❑ none 908= _ 908_ _ 908_ ❑ Exact loca unk; plotted per vague verbal description 835 = — ❑ Insuff info in FDAHRM files; not plotted on USGS topo 835— — • Preservation recommended 835 = _ • No further work necessary 835 = _ 835 = _ ""a 1,3 q•% 920 = = VQA-4 QtGk %.1rJNeck. 1 `165 920 = _ ❑ Archival 922= _ ❑ Map 922= _ ❑ Informant 922= _ ❑ Aerial Photo 922= _ ❑ Field Search 922 = _ ❑ 922= _ Pre- Columbian 845= _ ❑ 16th Century 845= _ ❑ 18th Century 845= _ ❑ 20th Century 845= _ ❑ 15th Century 845 == ❑ 17th Century 845 == ❑ 19th Century 845 == Aboriginal 910= _ ❑ Community Planning 910= _ ❑ Landscape 910= _ ❑ Sculpture 910= _ Archaeology 910= _ ❑ Conservation 910= = Architecture 910= _ ❑ Social /Humanitarian 910= _ Prehistoric 910= _ ❑ Economics 910= _ ❑ Law 910= _ ❑ Theater 910= _ ❑ Archaeology Historic 910= _ ❑ Education 910= _ ❑ Literature 910= _ ❑ Transportation 910= _ ❑ Agriculture 910= _ ❑ Engineering 910= _ ❑ Military 910= = Other (specify): ❑ Architecture 910= _ ❑ Exploration & 910= _ ❑ Music 910= _ ❑ 910= _ ❑ Art 910= = ❑ Commerce 910= _ Settlement 910= _ ❑ Industry 910= _ ❑ Philosophy ❑ Politics /Govt. 910= _ 910= _ ❑ ❑ 910= _ 910= _ ❑ Communications 910= _ ❑ Invention 910= _ ❑ Religion 910= _ ❑ 910= _ ❑ Science 910= _ ❑ 910= _ 862= _ 935 = _ (� -t-�1 �'cl�.a.. teas•. as a ago = _ � �, 5338 San Francisco County Forest Hill Station, North Point Park /Marina (Eagle Cale and Pier Facades), San Francisco northern wa- terfront. San Francisco, Twin Peaks Tunnel. San Luis Obispo County New Cuyana vicinity, Caliente Mountain Aircraft Lookout Tower, 13 mi. (20.8 km) NW. of New Cuyana off Rte. 166, San Luis Obispo, San Luis Obispo Light Station. San Mateo County Hillsborough, Point Monlara Light Station. Santa Barbara County Santa Barbara, Site SBa -1330, Santa Monica Creek. Site CA -Sba -1325. Shasta County Mineral, Park Entrance Station and Resi- dence, Lassen Volcanic National Park. Mineral, Park Naturalist's Residence, Lassen Volcanic National Park. Mineral. Sumit Lake Ranger Station, Lassen Volcanic National Park. Mineral, Warner Valley Ranger Station, Lassen Volcanic National Park. Redding vicinity, Squaw Creek Archeological Site, NE of Redding. Whiskeytown, Irrigation System (165 and 166), Whiskeytown National Recreation Area. Sierra County Properties in Bass Lake Sewer Project. Siskiyou County Thomas -Wright Battle Site, Lava Beds Na- tional Monument. Sonoma Courtly Dry Creek -Warm Springs Valley Archeologi- cal District. Petaluma, Ferrell Home, 500 E. Washington St. Santa Rosa, Santa Rosa Post Office. Tehama County Los Molinos vicinity, Ishi Site (Yahi Camp), E of Los Molinos in Deer Creek Canyon. Tulare County Atwell's Mill, Sequoia National Park. Cattle Cabins, Sequoia National Park. Quinn Ranger Station. Tharp's Log, Sequoia National Park. Ventura County Los Padres National Forest, Archeological Sites 4 Ven -367 and 4 -Ven -368. Simi Valley, Archeological Site Ven -341. COLORADO Douglas County Keystone Railroad Bridge, Pike National Forest. Et Paso County Colorado Springs, Alrno Hotel, Tejon and Cucharras Sts. Larimer County Estes Park, Beaver Meadows Maintenance Area, Rocky Mountain National Park util- ity area. NOTICES Sites 5 -LR -257 and 5 -LR -263, Boxelder Wa- tershed Project. Montezuma County Dolores vicinity, Anasazi Archeological Dis- trict. Pitkin County Emma, Emma Historic District. Pueblo County Pueblo, Pueblo Federal Building ( U.S. Post Office), 5th and Main Sts. CONNECTICUT Fairfield County Bridgeport, Pequonnock River Bridge, crosses Pequonnock River. Bridgeport Harbor, Bridgeport Canal Barges. Cos Cob, Cos Cob Bridge over Mianus River. Devon, Devon Bridge, over Housatonic River between Stratford and Devon. Norwalk, Washington Street —S. Main Street Area. South Norwalk, Norwalk River Bridge. Westport, Saugatuck River Bridge, over Saugatuck River. Hartford County Farmington, Gridley- Parsons - Staples Home- stead, Rt. 4, Farmington Ave, Granby, Granby Center. Hartford, Christ Church Cathedral and Ca- tedral Flouse, 955 Main St. and 45 Church St. Hartford, Flat Iron Building (Motto Build- ing). Hartford, Hartford Alain Post Office, 135- 149 High St. Manchester, Batson Farm House, Burnham St. Manchester, Portions of Cheney Silk Mills Industrial Complex (Cheney Homes Area). Simsbury vicinity, Farmington Canal, Granby Sewer facility ( Simbury portion) South Windsor, Greek Revival House, 87 Long Hill Rd. South Windsor, Late Federal House, 78 Long Hill Rd. Southington, Lewis, Sally, House, 500 N. Main St. Windsor, Mills, Elijah, House, 45 Deerfield Rd. Middlesex County Middletown, Cookson, John, House, S. Main St. Middletown, Fuller, Caleb, House, Upper Williams St. Middletown, Main Street Firehouse, 533 Main St. Middletown, Main Street South Historic District, Mansion Block. Middletown, Middletown High School, Court and Pearl Sts. Middletown, Southmayd, William, House, Lower Williams St. Old Saybrook, Connecticut River Bridge, Connecticut River between Old Saybrook and Old Lyme. New London County East Lyme, Niantic River Bridge, crosses Niantic River. Groton, Groton Bridge, over Thames River between Groton and New London. Mystic, Mystic River Railroad Bridge, Mystic River between Mystic and Groton. New London, Bank Street Historic District. 1A3 New London, Buckingham Memorial Build- ing, 307 Main St. New London, Shaw's Cove Bridge, over Shaw's Cove. New London, Starr Street Area, Starr St. New London, Williams Aemorial Institute Building, 110 Broad St. Norwich, Washington Street Historic Dis- trict, Project 103 -159. New Haven County Ansonia Opera House, 100 Main St. New Haven, Grand Avenue Drawbridge, over Quinnipiac River, Windham County Brooklyn, Quebec Historic District (Quebec Village). DISTRICT OF COLUMBIA Auditors'Building, 201 14th St. SW. Brick Sentry Tower and Wall, along M St. Central Heating Plant, 13th and C Sts. SW. SE between 4th and 6th Sts. SE. 1700 Block Q Street NW-, 1700 -1744, 1746, 1748 Q St. NW.; 1536, 1538, 1540, 1602, 1604, 1606, 1608, 17th St. NW. Washinvlon Navy Yard Annex, buildings 74, 137, 158, 159, 159E, 160, 167, 173, 187, 197, 202 FLORIDA Broward Courtly Hillsboro Inlet, Coast Guard Light Station. Collier County Marco Island, Archeological Sites on nlarco Island. Monroe County Knights Key Moser Channel— Packet Chan- nel Bridge (Seven Mile Bridge) Long Key Bridge, betweeen Long Key and Conch Key. Old Bahia Honda Bridge, between Spanish Harbor and Bahia Keys. Pinellas County Bay Pines, VA Center, Sections 2, 3, and 11 TWP 31 -S, R -15E. Polk County Archeological Site PO 89 Archeological Site PO 90 St. Johns County St. Augustine, St. Augustine National Ceme- tery. GEORGIA Bibb County Macon, Vineville Avenue Area, both sides of Vineville Ave. from Forsyth and Hardman Sts, to Pio Nono Ave. Camden County Kings Bay, Mill Creek Shell Midden A Kings may, King Plantation Outbuilding Site. Carroll County Carroll, Jordan - Hampton House, Route 1. Chatham County Archeological Site, end of Skidaway Island Savannah, 516 Ott Street. Savannah, 908 6Vhealon Street Savannah, 914 Wheaton SlreeL FEDERAL REGISTER, VOL. 43, NO. 26— TUESDAY, FEBRUARY 7, 1978 i i j i {{t i 3 1 k 0_ I� c Site Location Map 8 Cr 307x1 Scale 1: 1200 O 1,N7 Barfield Bay G ox °�by; • �Ir'i STS`Cv ! / to �, TQS�'�;•^ .:,�:. a ° 7 • ; 8 Cr 107x1 < a t 9 ? . 1,N7 Barfield Bay G ox °�by; • �Ir'i STS`Cv ! / STATE OF FLORIDA DEPARTMENT OF STATE Division of Archives, History and Records Management DS- HSP -3A 7.72 FLORIDA MASTER SITE FILE 16A3 F DA H R M 802 == Site No. a rr 107Yi 1009== Site Name 830 == -- Other Name(s) for Site 930 == Other Nos. for Site 906 == Type of Site Site # shell midden 832 == Location of Site: County Or, Fl 808__ Instructions for locating site (or address) gi +P ; C iQcatQa �� bordered on N by Palm Street and encircled on the AE S1 andn _ W by Highland Rd on SE corner of Caxambas uoint. 813 == Ownership: _Owner of Site: Name nAi + rnw+nr, gt }on 902 == Address Miami, Fl 903 == Occupant, Tenant or Manager: Name 904 == Address 905 == Form Prepared By: Reporter (or local contact): Name 816 == Address 817 = = Recorder: Name & Title .._Widmer ..Randolph S iryey Archaenl agisf. 818 == Address FDAHRM 819 == Date of Site Survey 3 -08 -21 820 == Previous Survey(s), Excavation(s) or Collection(s) (Enter title of survey, date, whether Federal, State, County or Local, Location of Survey Report(s) and Material's Collected). Excay.by. Mo �' fihpr +am„arorl macs 961nd Ey_cay. by Morrell 1968; test 1,2,3, fiber tempered ceramics found ` Surveyed by Cockrell 1969 Excavated by Cockrell 1970 test 5 Glades Ty +pGt 6 fiber tempered 839 == Photographic Record Numbers 860 == STATE OF FLORIDA Site No.—a-,-;r -.Z� " OEPARTMENT OF STATE Site Name Division of Archives, History and Records Management DS-HSP-3C 7.72 r Ji - - - - -- - - " - -- — ARCHAEOLOGICAL SITE DATA SUPPLEMENT Description of Site (cont.) Land Form dune crest 814 == Elevation 30 - 50 Feet 824 == Drainage Tid -1, into Caxambus river 810 == Est. Depth of Deposit p _ 2 M 837 == Soil Type(s) loamy sand, sand 836 == Floral Cover &,ba1 {calm, saw alma tn, nnrnT lum, nnntia live oak, gumbo limbo 834 == Water Source 831 == Description of man-made features a_ sPri es of shF±l l lP.T1SP.S scattered over an area of about 5 acres. 875 == Artifacts Collected by Reporter I glades rl potsherd from (-nllapsPd hulk of test 5 870 == Cultural Period or Classification Glades pre-Glades 840 == Phase orange, "lades I 842 == Probable Dates: Beginning 109 BC 844 == Ending 200 SC 846 == Remarks and Recommendations Si t,P i S PxtrPmF!7 y r,nmpl Px hut, in light ph . of the Si previ-�us tests, little more information can br recovered from the site. No new areas of midden concentration were located during survey. 835 == _ Major Bibliographic References - resell 1969, Cockrell 1970.67 -;70 QUabaa__j_q7_j__#_A enuipclrisQtl of Animal Bnnes Frnm Six Tnr3i n Sitac on Marrn Telanri' Flori 920 == Location' of Site (Specific): Johnson Survey Co. aerial Map Reference (incl. scale & date) survey of Marco Island 1563 1:21x00 "Al Township Range Section 1/4 Sec. 1/4 1/4 Sec. 114 1/^ Sec I 52S 26E 21 NE SE SW 812 == LATITUDE AND LONGITUDE COORDINATES DEFINING A POLYGON LOCATING THE PROPERTY FINER LATITUDE LONGITUDE Degreeos Minutes Seconds Degrees Minutes Seconds O O O O O O O O O O 1) LATITUDE AND LONGITUDE COORDINATES R DEFINING THE CENTER POINT OF A PROPERTY OF LESS THAN TEN ACRES LATITUDE LONGITUDE Degree Minutes Seconds Degrees Minutes Seconds 25 54 32 81 41 . 32.. 812 Global Reference Code 884 == Description of Site: Site Size (approx. acreage of property) 5 acres 833 == Present Condition of Site Check one Excellent 863 == ❑ Good 863== ❑ Fair 863 ❑ Deteriorated ❑ Ruins ❑ Unexposed I, Check one 863 == ❑ Altered 863 == i Unaltered 863 = =� ( Check one if appropriate 863 == ❑ Moved 863 == 863 == ; ❑ Original Site 863 == President & Original Physical Appearance (use continuation sheet if necessary) Site consists of a number of shell lenses on the S slope of.the highest dune crest on Marco Island. Site varies in intensity of midden accumulatio but in no area is sterile soil encountered. The scattered shell lenses are mainly present in two large concentrations which have previously been desig Test 3 and Test 5. There is some undulation of the surface of the site. This appears to be natural. the very crest of the dune was the former location of the Collier Hotel. This area is somewhat disturbed, but is not considered part of the site area since although there is shell present it might be brought in to construct the paved circle which encircles the location of the former observation tower. Site is extremely complex. All six previous tests are still present on the site. ,, A ted FLORIDA ARCHAEOLOGICAL SURVEY Site No__ _ _A- Site Name------------------------------ Photo Nos.--- - - - - -- Location -- _4 - ----- - - - - -- C Q _r_ : ° - ��- - - - - - -- ' - ----- ------- - - _ -- ---- - - - - -0 -1------- - - - - -- j_ i -- - , { ------------------- - - - - -- ------------------- - - - - -- Recorded on _..?ss d -ti ; r d Owner --- ?/4- _C-------------------- - - - - -- --Address -- - �` ���j-`- �f--- f-'- �._ �?�'' 7t. �---- ,,- ---------------------------- ------------- �----- - - - - -- Local history Plowing history - -- ------ -- - - -- Vegetation ------------------------------------------ Type of soil_.____ ------ ------ - - - - -- - -------------- --- - - - -__ Erosion _. ----- ------ - - - - -- Part of Sec._ Sec Twn._Rng. Tong Lat. Remarks : I �' T61 r ' 1 Sketch Map �Show relationship to nearby sites, access roads, streams, and major landmarks. er` ` Observer 0 _ - :7 ----------------------------------------- --------------- Date_..._ �- �_-- _ - - - -� -: FLORIDA ARCHAEOLOGICAL SURVEY Site No. __ Site'Name_: __A_�(lr js_T?Kc Photo Nos. - Location Yid j; ad , � � � � c - - ?- '- a -' -Q- - I! �, - - --------------- - - - - -- - - - -- =' _rl- - - -- - - - -------------------------------------------------------------------------------------------`-------------------------------------------------------------------------------------------- ------------------------------------------------------------ - - - - -- Recorded on,_4 4 o1' 1JrvPc - -- t1 ---- - - - - t -- --- - - - - -- Owner ---------------------------------------------- - - - - -- Address Local history._ &Y '. 1 Plowing historyye.s.0".i- A-- -_ku Vegetation ;J_ ? _rd ; fGcJL Type of soil- .�..1�_y�, -1-- - - YS =t3. -- , -- s3, s c_ - -. Erosion - - -- ��.L? } �_2 ��__ ✓_r� `) Part of Sec._ fiec Twn. Rng. Tong Lat. Remarks:' emarks @.,v`'i��`� °'i y •r., �... � � �r 4 -QY Y'-Q., � ` � '{ I '� �" ' 6 $ 0 Y �i`C3�J�,. f � . Sketch Map Show relationship to nearby sites, access roads, streams, and major landmarks. Observer - 61- ) �`_ P . -------------------- - - - - -- --------------- - - - - -- --------------- - - - - -- -------- - - - - -- Date--- RECORD OF MATERIALS � , Collected hn survey ... .......................................................................... �_____._______________________ — ................................................................................................................................................................................... - . ------------'-------'----_-''-------'---'--'---------'--'----------_--Acc No ............................. ` Subsequent Collections � ' Collector � ______..._---.------------_--'JJute..--'----^--.-_.-Auc No ............................. � Collector __...___.---.—_---_------------.—Daro---.---_—.—_---' Ace. No ............................. Collector _.—._—._----.—.----'---.-----.---Dozm------_—_-----. Ace. Nu.------------- Private Collections Owner -_—.----.--_---.------.------'Addreoo Type of Material -----_.—.-----'---.----''-'—'----------'----'----'----------- .---.----_.--_—.--.'.. ............................................................................................................... -----.-------'—.--.—.-..-----------.----`----.—'—.--.--.PbntoNn ............................ Excavation Record Supervisor '—.------.—.------.------.----. te.--.-.----- Supervisor...................................................................... Date .......................... �fu !����=.......___/............~____..___ ...................... ....................................... ............... .......................... CULTURAL AFFINITY ......... Ace. No ............................. ......... Ace. No ............................. Preliminary C}unoibcutou --.-.-----.-----.—'----'----.'-------'--^---'-'---'---'--' ----------..—..----.-----_-------_--------.__--_--''--'--'_-.-.-------.----'--- Subsequent Oboervati000---'^------.-----.-----.--.--'-_'---'---------------------'—'—'-- ............... .......................................................................................... .................. ......................................................... —............ ----'--''''------------'-'-----''''----------------' '-------''—'--'-----''--' ....................................... -----_-.-_---_.--.—.----.----_----_.---_----_---.''_—_'- ������ a^mv ronM 2 8C R00107 CAXAMBAS 16A3 A Bureau of Archaeological Research Radiocarbon Date is Recorded, in BAR Collection's Radiocarbon Date File. Consult that file for details. 8CR00107. CAXAMBAS 00280 +/- 90 1.06552 WOOD CHARCOAL, TRENCH 9L1, ZONE II, LVl 1, SEALED REFUSE MIDDEN IN SANDY OLD DUNE TOP. CR -107 X 1 TELEDYNE, NJ C -72 -12 8CR00107 CAXAMBAS 01995 +/- 160 1 -04568 WOOD CHARCOAL, TEST 2, SQUARE 100, 40 -60 CMBS, W/ FIBER - TEMPERED ORANGE INCISED CERAMIC CR -107 X 1 TELEDYNE, NJ NO BAR NUMBER, 1969 ----------------- -- ------------------------ - -------- 8CR00107 CAXAMBAS 03155 +/- 100 1 -04569 WOOD CHARCOAL, TEST 2, SQUARE 100, 60 -80 CMBS. WITH ORANGE INCISED SEMI -FIBER CERAMICS CR -107 X 1 TELEDYNE, NJ NO BAR NUMBER, 1969 ---------------------------------------------------- 8CR00107 CAXAMBAS 03060 +/- 105 1.04570 WOOD CHARCOAL, TEST 2, SQUARE 100, 120 -140 CMBS, LITTLE OR NO CULTURAL RECOVERY. CR -107 X 1 TELEDYNE, NJ NO BAR NUMBER, 1969 ---------------------------------------------------- 8CR00107 CAXAMBAS 03375 +/- 105 1 -04571 WOOD CHARCOAL, TEST 3, SQUARE 109 (20 -40 CMBS), W/ FIBER TEMPERED ORANGE INCISED CERAMIC CR -107 X 1 TELEDYNE, NJ NO BAR NUMBER, 1969 16A3 ---------------------------------------------------- 8CR00107 CAXAMBAS 03315 +/- 105 1.04572 WOOD CHARCOAL, TEST 3, SQUARE 109,LEVEL 3 (40.60 CMBS), W/ ORANGE INCISED AND PLAIN FIBER - TEMPERED CERAMIC. CR -107 X 1 TELEDYNE, NJ NO BAR NUMBER, 1969 ---------------------------------------------------- 3CR0.0107 CAXAMBAS 03400 +/- 100 1 -04573 WOOD CHARCOAL, TEST 3, SQUARE 109, 60.80CMBS, W/ ORANGE INCISED FIBER TEMPERED CERAMIC CR -107 X 1 TELEDYNE, NJ NO BAR NUMBER, 1969 ------------ -...................................... 3CR00107 CAXAMBAS 00370 +/- 90 1 -06582 rN00D CHARCOAL, SEALED REFUSE MIDDEN THOUGHT TO BE GLADES I (W /SEMI -FIBER CERAMIC) -R -107 X 1 TELEDYNE, NJ ,•72 -13 LIMITS OF EXCAVATION CAXAMBAS POINT (MARCO ISLAND) 16A3.' 1 "= 10,00' (Pits enlarged and generalized .for clarity) CR107xl 8CR107xl 8CR107x2 8CR107x3 Site Name Caxambas 2 Collier - -A-3 County Period of site Site No. '' J ARCHEOLOGICAL SITE SURVEY °a1e=N Ps UNIVERSITY OF FLORIDA . Other Nos. o >> Long. Lat._° ' _" Classified by Part of Sec. Sec. Twn. Rng. Date Location (how to reach): Small midden in the mangroves near the large site at Caxambas Nature of site: Size of site: Present condition of site: Soil type: Vegetation and general physiographic situation: Owner: Referred to site by: Recorder: Frequency of.material: Material collected: Other materials and location: Tenant: Field Party: Date: Published references: Small, 1929 :755 Remarks: Attitude toward excavation: 1.. ^•5E ��ff.;rambas 1 County Collier Site Name - 0 ARCHEOLOGICAL SITE SURVEY Site No. — UNIVERSITY OF FLORIDA Other NarnC9 Long. ° _ Other Nos. _ Sec. Twn. Rng. Part of Sec- Period of site Classified by Date to mach): Location (h(i /i Cft /rffftbas is a small settlement on the southern end of Key Marco �;;,rco Island as it is oftern called. Part of the site underslies oa, jettlement tll(; Nature of silt' Size of site: Present c01""11"ll of site: Vegetation dn'I Yrj1eral physiographic situation: own er: Referred Recorder: ro, (153) Caxambas 2 Soil type: Tenant: Attitude toward excavation: Field Party: Date: Cio111Ci' vv Small (1929.75) reports a small - madden in the mangroves near the large site at CaxambaS e � I Cko��� —�� c16 J 12 1) 6 152 Caxambas 1 r F Collier Cu A3 & Location. Collier County- CnX &Mbasis a small settlement on the southern end of Key Marco or Marco Island as It Js often called. Part of the si.te underlies the settlement. Description. This shell deposi.t i_.s well known and has been mentioned by many wewkeqV. HrdliL,ka (1929:22) gives the size as 20 acres, but Small (1929:69) sans the midden comprises seve -°al hundred acres. The si-te Is very large but not - extensive as that. While part of the shell heap anpesrs to be no more than cAsual midden depositslother sections are fashioned in the usual pattern of shell works, with ridges, mounds end courTS'.b6rge number of conch shells are present in the deposit in addition to the usual oyster shells. Road cuts and barrow pit exposures show lenses of ash and concentrations of animal hones and soil in the midden. ilr On a short vi.sIt In 1936, now more than a few Glades Plain sherds were foundAbut other workers report more artifacts. Of interest is a circular perforated stone (Small,1929:76) about a foot and a half in diameter, which may have been used as a net weight or canoe anchors although Small calls it a millstone. Other artifacts reported by him (1929:76) are . "..,two beautifully finished ceremonial ax- heads of granite or sveni_te." Can these be the banrerstones which HrdliL4ka(1922:2,3) reported from Horrts Island 2? These rnav be prooved axes such as was found at Doctor's Pass 7-Jidden, but it is difficult to ascertain exactly what was meant. A few potsherds collected by H. B. Collins are In the National Museum. ' Traits. Shell midden; shells works; -. pottery, Glades Plain, Belle Glsde Plain; Busvcon hammer C; long Fasciolaria harper; Btzsycon saucer; (152) footnote C- axambas 1 t � 16A3 . The name Caxambas is one of the older place names on the coast. It annesrs on '�jilli -am Gerard De Brahma s Chart of -the south end of East Florida arid' Martiera, (1771 Or 1772) as " Caxymbas Espanolas ", and has been used since as plain Caxambas or Caxambas."Fewkes (1924:92) sug.ests that this name may be indicative-of the location of the "Arawak Colony ", peesumably that referred to by Fontaneda (1944:15). It is uncertain whither or not the word casimba or caci.mba is of Arawak origin but it is used in the Antilles. A casimba accordtnq to Zavas (1931,1:175) is a "Hueeo o—cavidad en las pefias o en terrano impermeable, donde se forma natural deposito de aqua; o tambien de tierra fertil.` These holesknown as potholes or banana holes 1_n Florida and the Bahamas occur in limestone and ave used as gardens if dry and as wells if wet. Fewkes found the term casimba used on the Isle of Pine for "subterranean depressions with openings at the level of the ground "(1922:257). Apparently the term was brought over to Florida and referred to wells as Small (1929:70) quotes a letter from Captain John F. Horr,a local resident, referring to the meaning of the Florida name Caxambas who states "I always understood the word means v.rells, or springs -. Cuban fishing smacks often filled their casks with fresh wster there." Although there is no direct evidence it is probable thst the term was brought to Florida by "pantards from Cuba, rather than by Indians, and that is was used for wells, either of the pot hole form or others. The term cabhzmba used for a pipe thro»r-rhout lame parts of Spanish America mist not be confused with the term discussed. 6�A 1 3 0 ri 4 �1YaL�5 50.1114- hu ta, w.0v -C-( ofirer�hcl5r �v`f-f-¢��� (�ludos Plai�� \(3isca�:►e &ecFt S(-oH.�ecC��S� cob er(�� cort �ccl� /� (3vsyCo� il4thw�aM' ��Jj - S-fro ►+tia�s Genf pfr�or•fC�( f•ss�/ s�c�erff CV r a /> OF o y jYt ss /!e r � / V perforated. limestone wttSht; pebble pendant; 'ceremonial ak "head ". References. Ardli_cka (1922:22), Moore (1900:377), Small (1925:273, 1928:PO4 -206, 1929:69, 74 -76). C-O 50 �yc�c.a� ONwk., �►�,a.�,�..t'''`e Pte.. - - - - - � - - - �- -- � � t,et� e Ire" Ck-.lo 7 6 A 3 11172 -7 z d SPECIMEN DATA SHEET Acession Number OU d FSU 3 (1) Sample Name Caxambus Site _ (2) Previous Catalogue Numbers Cax 2A Lev. 3 (3) Geographic Location Caxambus Point on Marco'Island, Collier County, Florida 25 0 54 + 56 �� 81 0 42 ` 55 Latitude; Longitude (4) Location within Site Collected from Square A, Level 3, (40 -60 cm below surface) (5) Sample Nature wood charcoal Amount _ Condition small lumps & flakes (6) Date Collected June 20, 1967 By L. Ross Morrell State Archaeologist (7) Date Submitted September 29, 1967 By L. Ross Morrell State Archaeologist (8) Geologic and /or Archeologic Context Associated with nondecorated sand tempered ceramics and varities of shell tools. This culture period is generally known as Glades I (9) other Radiocarbon Dates Pertinent to this Sample None (10) Variables Effecting Validity of Date Possible tidal percolation. (I 1) Significance of Sample Possible establishment of chronology for this relatively unknown culture period. (12) Estimated Samp le Age 0 A.D. - 800 A.D. ADDITIONAL COMMENTS ON REVFRSF SIDE SPECIMEN DATA SHEET Acessi on Number Aa I FSU 23 ( u�16A3 (1) Sample Name Caxambus Site _ (2) Previous Catalogue Numbers Cax 2E Lev. 5 (3) Geographic Location Caxambus Point on Marco Island, Collier County, Florida 25. o .�.R 54 56 F� Latitude; 81 0 42 1 55 �1 Longitude (4) Location within Site Collected from Square E, Level 5, (80 -100 cm below surface) (5) Sample Nature wood charcoal Amount Condition small lumps & flakes (6) Date Collected June 28, 1967 By L. Ross Morrell State Archaeologist (7) Date Submitted September 29, 1967 ; By L., Ross Morrell State Archaeologist (8) Geologic and /or Archeologic Context Associated with nondecorated sand tempered ceramics and varities of shell tools. This culture __period is generally known as Glades I (9) Other Radiocarbon Dates Pertinent to this Sample None (10) Variables Effecting Validity of Date Certain tidal percolation. (1 1) Significance of Sample Possible establishment of chronology for this relatively unknown culture period. { (12) Estimated Sample Age 0 A.D. - 800 A.D. AnnTTTCNAi CCMMFNTS ON RFVFRSF SfDE SPECIMEN DATA SHEET A 3 Acess i on Number .217 FSU (1) Sample Name Caxambus Site (2) Previous Catalogue Numbers Cax 2H Lev. 7 (3) Geographic Location Caxambus Point on Marco Island, Collier County, Florida 25 0 54 56 +f Latitude; 81 0 42 55 Longitude (4) Location within Site Collected from Square H, Level 7, (fZO- 140 cm below surface) (5) Sample Nature wood charcoal Amount Condition small lumps & flakes (6) Date Collected June 20, 1967 f By L,-, Ross Morrell 4 . State Archaeologist'- (7) Date Submitted September 29, 1967 BYE, x L. Ross Morrell -- State A-chaeologist (8) Geologic and /or Archeo l ogi c Context Associated with nonde c orated sand tempered ceramics and varities of shell tools. This culture _period is generally known as Glades I (9) Other Radiocarbon Dates Pertinent to this Sample None (10) Variables Effecting Validity of Date Tidal percolation. (I 1) Significance of Sample Possible establishment of chronology for this relatively unknown culture period. (12) Estimated Sample Age 0 A.D. - 800 A.D. ADDITIONAL COMMENTS ON REVERSE SIDE 14_t I 4 Pr t r' . — aD F­-�T Appendix Page 1 ARCHAEOLOGICAL SITE FORM ❑ Original FLORIDA MASTER SITE FILE I /Update Version 2.2 12/95 16A3 Site #8CR 107 Recorder # Field Date _3_/28_/03_ Form Date _4_ /_ 4_/03_ _ Site Name(s) 919 Caxambas Drive Component – Southeast Indian Hill Midden- Caxambas Point [Multiple Listing #8 1! J Project Name 919 Caxambas Drive [Surrey# — ] Ownership: ❑ private -profit ❑private - nonprofit Xprivate- individual private- unspecified ❑city ❑county ❑state ❑ federal ❑foreign ❑native ame6can ❑unknown USGS 7.5 map name & date Marco Island (1995 ). County Collier Township-52S Range-26E Section 21_, % Sect.: ❑NE ❑ NW xSE ❑ SW (check all that apply) City / Town _Marco Island in Current City Limits? Y N UTM: zone ❑16 1117 easting —____0 northing ____ —_0 Address / Vicinity of / Route to _County Road 92 to Barfield Drive South, thence south 2 miles to Watson Drive, thence east on Watson % mile to Caxambas drive, thence south % mile. Parcel is on east side of road near Barfield Bay Landgrant Tax Parcel # Name of Public Tract (e.g., park) SETTING X Land -terrestrial ❑ Lake/Pond - lacustrine • Cave /Sink - subterranean - ❑ River/Stream/Creek - riverine ❑ terrestrial ❑ Tidal - estuarine • aquatic ❑ Saltwater- marine • intermittently flooded ❑ marine unspecified • Wetland - palustrine ❑ "high energy" marine ® usually flooded (historically) ❑ 'low energy" marine • sometimes flooded • dump /refuse • usually dry ❑ surface scatter other STRUCTURES - OR - FEATURES • aboriginal boat ❑ fort ❑ road segment • agric/farm bldg X midden ❑shell midden • burial mound ❑ mill unspecified ❑ shell mound • building remains ❑ mission ❑ shipwreck • cemetery/grave ❑ mound unspecified ❑ subsurface features • dump /refuse ❑ plantation ❑ surface scatter ❑ earthworks ❑ platform mound ❑ well FUNCTION ❑ none specified X campsite ❑X extractive site ❑X habitation (prehistoric) ❑ homestead (historic) ❑ farmstead • village (prehistoric) • town (historic) ❑ quarry l Potentially eligible for local designation? Xyes ❑no ❑ insuff. info Name of Local Register eligible for: Individually eligible for National Register? ❑ yes Xno ❑ insuff. info Potential contributor to NR district? Oyes Ono X insuff. info Explanation of Evaluation (Required if evaluated; limit to 3 lines; attach full justification) Minimal intact site elements extending into lot from main focus of site to southwest up SE slope /shoulder of Indian Hill Recommendations for Site No further investigation Florida Master Site File I Div. of Historical Resources I R. A. Gray Bldg 1500S Bronough SL,Tallahassee, FL 32399.02501(904) 487.22991 Suncom 277 -2299 /Fax 904921.0372 Computer Document File Irving FADOCSWORMSUR 95.DOC NonaborWnal Aboriginal ❑ Fort Walton ❑ Hickory Pond ❑ Perico Island ❑ Seminole: Colonization ❑ Alachua ❑ Glades Ia X Late Archaic ? ❑ Safety Harbor ❑ Seminole: 1st War To 2d ❑ 1st Spanish 1513 -99 • Archaic Unspecified? ❑ Glades Ib ❑ Late Swift Creek ❑ St. Augustine ❑ Seminole: 2d War To 3d ❑ 1st Spanish 1600 -99 • Belle Glade 1 ❑ Glades I Unspec ❑ Leon - Jefferson ❑ St. Johns Ia ❑ Seminole: 3d War On ❑ 1st Spanish 1700 -1763 • Belle Glade II ❑ Glades Ha ❑ Malabar I ❑ St. Johns Ib ❑ Seminole - Unspecified ❑ 1st Spanish Unspecified • Belle Glade III ❑ Glades IIb ❑ Malabar II ❑ St. Johns I Unspecified ❑ Swift Creek Unspecified ❑ British 1763 -1783 • Belle Glade IV ❑ Glades IIc ❑ Manasota ❑ St. Johns Ila ❑ Transitional ❑ 2nd Spanish 1783 -1821 • Belle Glade Unspec ❑ Glades 11 Unspec ❑ Middle Archaic ? ❑ St. Johns IIb ❑ Weeden Island I ❑ Amer.Territorl 1821 -45 ❑Cades Pond ❑Glades I11a ❑ Mount Taylor ❑ St. Johns IIc ❑ Weeden Island II ❑ Amer.Civil War 1861 -65 • Deptford ❑ Glades IIIb ❑ Norwood ❑ St. Johns II Unspecified ❑ Weeden Island Unspec X American 19th Century • Early Archaic ❑ Glades Ric ❑ Orange ❑ St. Johns Unspecified ❑ Prehistoric Nonceramic ❑ quarry American 20th Century ❑ Early Swift Creek ❑ Glades III Unspec ❑ Paleoindian ❑ Santa Rosa ❑ Prehistoric Ceramic ❑ American Unspecified • Englewood X Glades Unspec ❑ Pensacola ❑ Santa Rosa -Swift Creek ❑ Prehistoric Unspecified ❑ African- American • other (Less common phases are not checklisted. For historic sites, also give specific dates if known) l Potentially eligible for local designation? Xyes ❑no ❑ insuff. info Name of Local Register eligible for: Individually eligible for National Register? ❑ yes Xno ❑ insuff. info Potential contributor to NR district? Oyes Ono X insuff. info Explanation of Evaluation (Required if evaluated; limit to 3 lines; attach full justification) Minimal intact site elements extending into lot from main focus of site to southwest up SE slope /shoulder of Indian Hill Recommendations for Site No further investigation Florida Master Site File I Div. of Historical Resources I R. A. Gray Bldg 1500S Bronough SL,Tallahassee, FL 32399.02501(904) 487.22991 Suncom 277 -2299 /Fax 904921.0372 Computer Document File Irving FADOCSWORMSUR 95.DOC L I Page 2 Caxambas Drive Component ARCHAEOLOGICAL SITE FORM P A3 Site #8CR1 , 9 � <. aoAW ■a. a•u��a.w��a�.��a� Extent Size (m2) 1500 m2 — Depth/stratigraphy of cultural deposit 70 cm + Temporal Interpretation Components: ❑ single ❑ prob single X prob multiple ❑ multiple ❑ uncertain ❑ unknown Describe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss temporal and functional interpretations. Integrity Overall disturbance: ❑ none seen X minor X substantial ❑ major ❑ redeposited destroyed- document! ❑ unknown Disturbances / threats / protective measures _Development as single family residence Area Collected _1500 m2 Surface: #collect. Units 6 Excavation: #contiguous blocks Total Artifacts # 20 (C)ount or (E)stimate? _E Surface # Subsurface # 20 Site Detection Artifact Categories /Artifact Depositions Site Boundaries ❑ no field check ❑ exposed ground x screened shovel ❑ bounds unknown ❑ remote sensing ❑ unscreened shovel ❑ literature search ❑ posthole digger ❑ aerial photo ❑ none by recorder ❑insp exposed ground x screened shovel ❑ informant report ❑ auger--size:— ❑ Field visit and ❑ auger -- size:_ ❑ estimate or guess ❑ literature search ❑ unscreened shovel survey ❑ uncollected ❑ general (not by subarea) ❑ posthole digger ❑ block excavations❑ remote sensing S - some items in catagory collected ❑controlled (by subarea) ❑ information bone - unspecif Number, size, depth, pattern of units; screen size six 45 cm. square shovel tests sifted with' /. " mesh screening � <. aoAW ■a. a•u��a.w��a�.��a� Extent Size (m2) 1500 m2 — Depth/stratigraphy of cultural deposit 70 cm + Temporal Interpretation Components: ❑ single ❑ prob single X prob multiple ❑ multiple ❑ uncertain ❑ unknown Describe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss temporal and functional interpretations. Integrity Overall disturbance: ❑ none seen X minor X substantial ❑ major ❑ redeposited destroyed- document! ❑ unknown Disturbances / threats / protective measures _Development as single family residence Area Collected _1500 m2 Surface: #collect. Units 6 Excavation: #contiguous blocks (Use abbreviation(s) from Deposition List to fill blank(s) of pertinent Artifact Categories) DIAGNOSTICS (Type and frequency) 1. sand - tempered plain ceramics N =_ 5. N =_ 9. 1TTiC�T1'� 51 =171 Nearest fresh water (type & name) pond % mile NW Distance (m) /bearing Natural community xeric scrub /hammocl and mangrove Local vegetation Live oaks, stoppers, cabbage palms, red- white -black mangrove Topography sand dune sloping to bayside mangrove swamp MIN Elevation _0_ m MAX Elevation _3+ M_ Present land use partially cleared, undeveloped SCS soil series Lakeland fine Soil association Informant(s): Name/Address/Phone John G. Beriault Location & File numbers (field notes, artifacts /accession nos, photographs /negative nos.) Archaeological and Historical Conservancy, Inc. 4800 S.W. 64th Avenue, Suite 107, Davie, FL 33314 (954) 792 -9776 Fax: (954)- 792 -9554 email: AHCI(a,4TT.net Manuscripts or Publications on the site (Use Continuation Sheet, give FSF# if relevant) Recorder(s): Name/Address/Phone John G. Beriault Affiliation or FAS Chapter FAS, SHA, AHC * * * PLEASE INCLUDE SITE PLANS * * * LARGE SCALE MAP: At 1 " =200' or larger scale, show: site boundaries, scale, North arrow, datum, test/collection units, tie -ins to USGS. NARRATIVE DESCRIPTIONICONTINUATIONS: Attach additional sheets with detailed information or with continuations. Computer Document File Irving FAD0CSIF0RMSkA3_9S.D0C Total Artifacts # 20 (C)ount or (E)stimate? _E Surface # Subsurface # 20 Overall Collection Strategy Artifact Categories /Artifact Depositions Disposition List ❑ unknown x unselective (all artifacts) _ unspecified _ nonlocal- exotic A - this catagory always collected ❑ selective (some artifacts) _ lithics, aboriginal _ metal, nonprecious O - observed, not collected ❑ mixed selectivity _ _A_ ceramic - aboriginal _ bone -human I - informant reported or collected ❑ uncollected ❑ general (not by subarea) _ ceramic- nonaboriginal _ _ bone - animal S - some items in catagory collected ❑controlled (by subarea) _ daub bone - unspecif R - collected & reburied at site ❑ variable spatial control brick/bldg matl _A _ unworked shell U - unknown ❑ Other _ glass _A _ worked shell precious metal /coin _ Other (Use abbreviation(s) from Deposition List to fill blank(s) of pertinent Artifact Categories) DIAGNOSTICS (Type and frequency) 1. sand - tempered plain ceramics N =_ 5. N =_ 9. 1TTiC�T1'� 51 =171 Nearest fresh water (type & name) pond % mile NW Distance (m) /bearing Natural community xeric scrub /hammocl and mangrove Local vegetation Live oaks, stoppers, cabbage palms, red- white -black mangrove Topography sand dune sloping to bayside mangrove swamp MIN Elevation _0_ m MAX Elevation _3+ M_ Present land use partially cleared, undeveloped SCS soil series Lakeland fine Soil association Informant(s): Name/Address/Phone John G. Beriault Location & File numbers (field notes, artifacts /accession nos, photographs /negative nos.) Archaeological and Historical Conservancy, Inc. 4800 S.W. 64th Avenue, Suite 107, Davie, FL 33314 (954) 792 -9776 Fax: (954)- 792 -9554 email: AHCI(a,4TT.net Manuscripts or Publications on the site (Use Continuation Sheet, give FSF# if relevant) Recorder(s): Name/Address/Phone John G. Beriault Affiliation or FAS Chapter FAS, SHA, AHC * * * PLEASE INCLUDE SITE PLANS * * * LARGE SCALE MAP: At 1 " =200' or larger scale, show: site boundaries, scale, North arrow, datum, test/collection units, tie -ins to USGS. NARRATIVE DESCRIPTIONICONTINUATIONS: Attach additional sheets with detailed information or with continuations. Computer Document File Irving FAD0CSIF0RMSkA3_9S.D0C i i i i i i i i i i i 16A3 3arfield Sch ,�•� Nv. 4 1: AlphaE t fi Key A Y Iva 'k 3 a �— ,, ,,• Projdct Parcel 6 Map of 919 Caxambas Drive Project Area- CR107 Twp. 52S, Rng. 26E, Section 21 0 1/4 1/2 mile 1 V Source: USGS Marco Island 1973 JIM HELMS, Naples bottle hunter, proudly shows a Spanish oil jar dating back probably 300 years, that he dug. out from under mangrove roots on Marco Island. Since the jar was too heavy4o float, he figures it was placed on the shore by an explorer. (Star Photo by Morgan) 300- Year -Old Spanish JarTo-Und.on.Marco A Spanish clay'. vessel, of of a circular area near the about 1600 A.D. was found finding site which could have this week in a Marco Island been an Indian mound. mangrove swamp by Jim Helms; .bottle hunter. The jar was areal find for m� Helms, who is familiar with 16A3 1114 v "rr 1 1 1 To: From: Date: Subject: Memorandum Sue Filson Denny Baker December 15, 2006 16A 4 Recording of Fee Payment Assistance Agreement for Lucy Hair Design Please have this executed Impact Fee Payment Assistance agreement for Lucy Hair Design recorded in Minutes and Records. Their application was approved by the BCC on November 29, 2005 as agenda Item 16A4. The recording fees should be charged to 001 - 138760- 649030. Please have a copy of the recorded document returned to me. Thanks. Denny Department of Operations Support and Housing Community Development and Environmental Services Division Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 8406 Prepared by: Jeffrey A. Matzkow Managing Assistant County Attorney 3301 Tam7arni Trail East Naples, FL 34112 3950436 OR: 4159 PG: 0844 '1 61 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COP 7.0 12/22/2006 at 04:06PN DWIGHT 1. BROCK, CLERK This space for recording AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this 0(1,2!74,d day of � 2006, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Lucy Zuniga, DBA Lucy Hair Design, hereinafter referred to as "Owner," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2003 -61, the Collier County Fee Payment Assistance Ordinance, as it may be further amended from time to time, codified in Chapter 49 of the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the "Ordinance," provides for Fee Payment Assistance for payment of impact fees to qualifying businesses; and WHEREAS, on October 3, 2005, the Owner submitted an application to be considered for the Fee Payment Assistance Program for a project involving the construction of a 1,100 square -foot hair salon building, which application proposed to create five new jobs in Collier County by December 31, 2007, at an average wage of $21,400.00, which is equal to or greater than 50% of Collier County's current private- sector average wage. A copy of this application is on file in the Impact Fee Administration Office of the Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, reviewed the application and based on the representations therein, found that it complies with the requirements for fee assistance as outlined and set forth in the Ordinance, which application was approved by the Collier County Board of County Commissioner at their November 29, 2005 regularly scheduled meeting; and WHEREAS, based on the Owner's representations set forth in the Application and on recommendation from staff, the Board of County Commissioners approved Fee Payment Assistance Funds to a maximum of $21,078.00; and Page 1 OR: 4159 PG16A 4 WHEREAS, the Ordinance requires that the Owner enter into an Agreement for Fee Payment Assistance with the County; and WHEREAS, pursuant to Section 49 -23 of the Ordinance, the County Manager is authorized to execute certain Impact Fee Payment Assistance Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve impact fees payment assistance for the Owner in support of financial relief for eligible industry development, high wage employment opportunities, lessening the seasonal economic cycle, and encouraging investment opportunities in the specified areas. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: herein. 1. The foregoing Recitals are true and correct and are incorporated by reference 2. The legal description of the development (hereinafter referred to as the "Property ") is attached as Exhibit "A," and is incorporated by reference herein. 3. Owner represents and warrants that she is the owner of record of the Property, and acknowledges that pursuant to the Impact Fee Ordinance owes impact fees for Road, EMS, Correctional Facilities, General Government Buildings, Law Enforcement and Fire, in the total amount of $18,527.78, as more specifically set forth in attached Exhibit `B," incorporated by reference herein. 4. The amount of the impact fees paid by the program will in all events become due and payable and shall be immediately re -paid to the County by the Owner if the Property is sold or transferred without prior written approval from the County at any time after the first certificate of occupancy has been issued for the development and prior to the 10 -year obligation period, or prior to the 15 -year obligation period for a project within an enterprise community, and the impact fees must be paid in full to the County. Any outstanding (i.e., as yet not repaid) impact fee amounts previously paid under this program will become due and payable and must then be immediately repaid to the County in the event of sale or transfer prior to expiration of the program obligation period. If not so repaid, the obligation will be a lien on the Property as set forth below. Page 2 OR: 41516 1846 �. 5. The payment of impact fees via the Fee Payment Assistance Program will constitute a lien on the Property which lien may be foreclosed upon in the event of non - compliance with the requirements of this Agreement, or should any of the representations set forth in the Application be untrue or unfulfilled. The amount specified in this Agreement will serve as the amount of a lien against the Property. Neither the payment of impact fees nor this Agreement may be transferred, assigned, credited or otherwise conveyed without the prior written approval from the County, which approval may be freely withheld. 6. On Owner's request, and at the County's sole option, the County's interest may be subordinated to all first mortgages or other co -equal security interests. The County's interest will automatically be subordinate to the Owner's previously recorded first mortgage and /or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. 7. By way of example and not as a limitation, this Agreement will be in substantial breach upon the following events: (1) any change in the status of the occupancy, type of business conducted, or compliance with the requirements of the Program, as set forth in either the Ordinance or this Agreement; (2) upon the County Manager being informed of a material misrepresentation in the Application; or (3) at any time during the 15 -year term of this Agreement following the first certificate of occupancy being issued for the Property, in which the Property does not have five new jobs in Collier County at an average wage of at least $21,400.00. 8. Upon the County's request, the Owner will provide all documentation required to verify compliance with the terms of the Program, Ordinance, or this Agreement. In the event the Owner is in default under this Agreement, and the default is not cured within 30 days after written notice is provided to the Owner, the County may bring a civil action to enforce this Agreement or declare that program's payment of the impact fees not yet recouped and previously paid under this program are thence immediately due and payable. The County is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the County in enforcing this Agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. 9. This Agreement will expire 15 years after the first certificate of occupancy has been issued for the Property. Following this expiration, and upon satisfactory completion of all Page 3 OR. 4159 PG-I& A requirements of this Agreement, at Owner's request and sole expense, the County will record any necessary documentation evidencing same, including, but not limited to, a release of lien. The lien will not terminate except upon the recording of a release or satisfaction of lien in the public records of Collier County. 10. This Agreement will be recorded in the official records of Collier County at Owner's sole expense. 11. As a prerequisite to the issuance of the Building Permit(s) for the development of the Property, a copy of this Agreement may be required to be presented to the County in order for the allocated Fee Payment Assistance funds to act as payment of impact fees, which would otherwise be required to be paid by the Owner. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. WITNESS: /- i Print Name • WITNESS: igned 5,,rlo� ��z Print Name STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement N�zczv h tit , 2006, by LUCY known to me or has produced — identity- -. . [NOTARIAL SEAL] LISCT'HAIR DESIGN: QLY4 • was acknowledged before me thi ZUNIGA, owner of Lucy Hair Design, _...... Ott........... ... .......I .. - (800432 M4) Fond. PA"y Am Inc. ; . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. ... . .. . . . ... . . . . . . . . . day of who is personally as proof of -sZ Signature of Person Taking Acknowledgment Page 4 "I NIT COLLIER COUNTY, FLORIDA 415IP6 448 4 By: JAd6ES V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this eZ�day of nn "" Cyn:ber -1, 2006, by James V. Mudd, County Manager, on behalf of the County, who is personally known to me. Z---) [NOTARIAL SEAL] Signature of Person Taking Acknowledgment CAROLYN SUE FRSON P�f� �Notary Pubic State of Fkboda Ma �MCanw nWon 80WApr 26, 2W8' N. % ±•� � @o d drn ��� 77949 + Jeffre)l A. as to form and stant County Attorney Page 5 Recommend Approv : 1 —0, 13 OV-1- Denton Baker, Director Community Development and Environmental Services Division OR: 4159 PG'T 6A, EXHIBIT "A" OWNERSHIP ADDRESS LEGAL DESCRIPTION Lucy Hair Design 115 N. 1St Street, Immokalee, FL 34142 Parcel ID: 81681680101; FRED WHIDDENS BLK 4, LOT 6 Parcel ID: 81681680208; FRED WHIDDENS BLK 4, LOT 7 Page 6 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. Road Impact Fee B. Emergency Medical Services Impact Fee C. Correctional Facilities Impact Fee D. General Government Building Impact Fee E. Law Enforcement Impact Fee F. Fire Impact Fee TOTAL IMPACT FEES Page 7 * ** OR: 41 &Ao854.*** Amount Owed $15,348.30 $258.17 $620.73 $1,362.90 $558.80 $378.88 $18,527.78 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SENT T TO SLIP TO AC ALL ORIGINAL DOCUMENTS THE BOARD OF COUNTY COMMISSIONERS SSI�ONERS tOFFi of FO " IGNto S d final 5 Print on pink paper. Attach to original document. Original document �; documents are to be forwarded to the Board Office only after the Board OUTING SLIP item.) ^ _A, -A if the document is already complete with the 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 CC Chairman's of the ignatudrerare to be delivered including o the BCC Filson, ffice only after the BCC has acted to approve the information. All original documents needing item. Phone Number Name of Primary Staff Contact ! Agenda Item Number Agenda Date Item was % O Approved b the BCC Number of Original Type of Document y / Documents Attached Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not (Initial) A licable) a ro riate. be cep off most letter , must bepre documents 1, Original document ewed and signed Chairman, with the ex signed by t by the Office of the County Attorney. This includes signature pages from mantes, signature pages from resolutions, etc. signed by the County Attorney's Office and that have been fully executed by all parties except the BCC contracts, agreements, etc. Chairman and Clerk to the Board and ossibl State Officials.) ttorney's — isions have beeninitialed by the Co 2. All handwritten strike- i s ex centdtr a BCC Chairman and the Clerk to he Board Office and all other royal of the date BCC app 3, The Chairman's signature line date has been entered as the of contract date whichever is a Aicable. document or the final negotiated 4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's slip si ature and initials are re wired. an exception), 5. In most cases (some contracts ein the BCC officeewithin 24 hours of f BCC approval. should be provided to Sue son Tallahassee within a certain Some documents are time sensitive and require forwarding to are nullified. Be aware of our deadlines'. date) time frame or the BCC's actions and all changes by the BCC on 6. The document was approved a ail cable document. The in ached made during t than if t evmeeting has reviewed the. L Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 �- , 16p5 Permit No. 2005 -08 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Annie Alvarez, Athletic, Special Events Supervisor, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct the "Snowfest" carnival; and WHEREAS, Annie Alvarez, Athletic, Special Events Supervisor, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual "Snowfest" carnival as set forth in Chapter 10, Article II, Amusements and Entertaimnents, of the Collier County Code have been satisfied and that such "Snowfest" carnival will be conducted according to lawful requirements and conditions; and WHEREAS, said Annie Alvarez, Athletic, Special Events Supervisor, Collier County Parks and Recreation, has requested waivers of the Surety Bond and Occupational License; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED to Annie Alvarez, Athletic, Special Events Supervisor, Collier County Parks and Recreation, to conduct the annual "Snowfest" carnival to be held on December 3 and 4, 2005, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A ") The request for waivers of the Surety Bond and Occupational Licese are hereby approved. WITNESS my hand as Chairman of said Boar and Seal of said County, attested by the 05. Clerk of Courts in and for said County this I day of ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, ,CLERK COLLIER COUNTY, FLORIDA: rt`` \'1♦ . r � Vim./ . FRED W. COYLE, CHAIR N 7Ft a as . C41 num , Legal S"Wiciency Jenni Belpedi Assistant County ttomey PARENT PARCEL FOLIO NBR 0000000000000000 0000000296200009 RANGE TWP SECT STRAP LOT UNIT 49 33 492633 001.0034B3 BLOCK BLDG 0.03 26 TOTAL ACSC 001 MILL AREA 35.00 USE CODE CLASS CODED 31 86 XTRA LGL CNT 6 SHORT LEGAL 33, 33 49 26 COMM NW CNR SEC 110.01FT TO POB, N 87 DEG E S CONT N 81 DEG E 2086.03FT, 705.13FT, W 200FT, SWLY OWNER NAME COLLIER CNTY OWNER ADDRESS TRL E 3301 NAPLESS, , FL01COX 341124961 FULL LEGAL DESCRIPTION NR SEC 33, 33 49 26 COMM NW 7FT TO POB, N 81 DEG E 110.0 S CONT N 87 DEG E 2086.03FT, 705.13FT, W 200FT, SWLY AC OR 1056 PG 1374 PREVIOUS OWNER COLLIER COUNTY EXh�bit „A.. 16p5 HDR REF FLAG ORIGINAL DOCUMENTS CHECKLIST & R TING L TO ACCOMPANY ALL ORIGINAL DOC ' MEN � ENT T THE BOARD OF COUNTY COMMISSIONERS OIFFICE OR SIG A � 6 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 routin , lines # I throw , #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office (List in routing order) Initials Date 2. __7 5 T 3 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners 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 item.) 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 Name of Primary Staff / Contact 1 4t�c7�sG�G�i Phone Number !! _ ;Agenda Date Item was G� %�% roved b the BCC Agenda Item Number Type of Document Number of Original Attached z Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is a ro riate. 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, 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 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 final negotiated 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 required. 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! 6. The document was approved by the BCC on i enter date) and made during the meeting have been incorporate in e attached document. Thenges Coun Attorney's Office has reviewed the chap es, if applicable. Yes AN/A (allot pplcble (Inta I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N/A is not an option for line 6. RESOLUTION NO. 05 -407 I 16A6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO RELEASE THE RESERVATION OF TRACT 13E FOR FUTURE RIGHT -OF -WAY ACCORDING TO THE PLAT OF LELY RESORT, PHASE ELEVEN, RECORDED AT PLAT BOOK 23, PAGES 52 THROUGH 55, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 28, 1994, approved the plat of Lely Resort, Phase Eleven (Plat) for recording; and WHEREAS, Lely Resort, Phase Eleven is recorded at Plat Book 23, Pages 52 through 55; and WHEREAS, Tract 13E is referenced in the General Notes on the Plat as being reserved by the tract owner (Developer) for future right -of -way upon replat and acceptance by the Board of County Commissioners of permanent construction plans and permanent right -of -way; and WHEREAS, the Developer has an approved Site Development Plan (SDP) for a project known as Ole', AR -6712 and the approved SDP depicts buildings and other improvements within Tract 13E; and WHEREAS, Tract 13E is located within the boundaries of Lely, a Resort Community Planned Development (Ordinances 85 -17, 91 -29, 92 -15, and 92 -38); and and WHEREAS, a Development Agreement exists for right -of -way other than Tract 13E; WHEREAS, by releasing the reservation of Tract 13E, the Board of County Commissioners is not acting contrary to Lely, a Resort Community Planned Development and the Developer Agreement; and WHEREAS, Community Development and Environmental Services staff and Transportation staff supports the release the reservation of Tract 13E for future right -of -way; and WHEREAS, the County Attorney's Office has opined that the County would have no real property interest in Tract 13E until replat and acceptance by the Board of County Commissioner of a future right -of —way within Tract 13E. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the reservation requiring Tract 13E to be dedicated for future right -of -way be released. BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the Circuit Court make notation of this action on the final plat, recorded at Plat Book 23, Pages 52 through 55, public records, Collier County, Florida. This Resolu ion adopted after motion, second and majority vote favoring same, this t � ? day of _ Zl lz ely e_1 , 2005. DATE: J a" 5-C ATTEST: WWYT E. BROCK, CLERK AtYe�>> on Apprasform and legal , - sufficiencvy Jenni er A. Belpe 'o Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ("J• FRED W. C;OYLE, CHA AN ORIGINAL DOCUMENTS CHECKLIST & R INGL TO ACCOMPANY ALL ORIGINAL DOCUMENT ENT T 6A7 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 #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature. draw a line through routine lines #I through #4, complete the checklist, and forward to Sue Filson (line 95). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applicable) 2. If - -/ �� Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. / Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached % 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 7 1 Phone Number N/A (Not Contact appropriate. (Initial) Applicable) Agenda Date Item was If - -/ �� Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document / Number of Original Attached % Q 5 6 AV r7 �1 Documents Attached % INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 5 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 Office and all other parties except the BCC Chairman and the Clerk to the Board XI/ 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 signature and initials are required. 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 awa e of your deadlines! 6. The document was approved by the BCC on /I (Enter date) and all changes N/A is not made during the meeting have been incorporate in 6e attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 5 1, 6 '-r4 1 rr MEMORANDUM Date: December 1, 2005 To: Cormac Giblin, Housing & Grants Manager From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -408 Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16A7) approved by the Board of County Commissioners on Tuesday, November 29, 2005. Thank you. Enclosure (1) $ 16A7 RESOLUTION NO. 2005. 408 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2005 -21, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE AND THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING; AND PROVIDING FOR CODIFICATION OF THIS POLICY AND PROCEDURES. WHEREAS, the intent of Goal 1 of the Housing Element of the Collier County Growth Management Plan (GMP) is to ensure an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the number of new affordable housing units shall be increased by 500 units each year in an effort to continue to meet the housing needs of all current and future very -low, low and moderate income residents of the County, including those households with special needs such as rural and farmworker housing in Collier County; and WHEREAS, in order to address the housing needs of low and moderate income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires the County and the City to review the existing permit processing systems in an effort to reduce the processing time and cost of housing and especially for affordable housing, to identify areas that can be streamlined; and WHEREAS, in order to comply with Sec. 420.9071 (16), F.S., the Board of County Commissioners through Resolution No. 2005 -21 adopted as its policy, specific procedures for expediting the review of development orders and permits for affordable housing projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners desires to amend these procedures to match other expedited review programs administered by the County and that Resolution 2005- 21 be rescinded and this new Resolution take its place; and WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. This Resolution shall supersede and replace Resolution 2005 -21. Page 1 of 6 � 16A7 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable housing expedited review policy as amended below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpose /Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as affordable housing so as to create more affordable housing and comply with section 420.9071 (16), F.S. The affordable housing expedited review process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for affordable housing expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for affordable housing expedited review the applicant for a proposed development order or permit must: 1. specifically request affordable housing expedited review project status as part of an application for a county development order or permit, as defined in Sec. 163.3164 (7) and (8), F.S., including but not limited to: rezone petitions, including those for PUD districts; Site Development Plans; and Building Permits, including their corresponding environmental reviews, traffic reviews, and fire code reviews and; 2. be willing and able to record in the public records a proposed land use restriction, developer agreement, PUD restriction, impact fee assistance agreement, or other type of instrument against the property ensuring affordability of proposed residential dwelling units for a period of at least fifteen (15) years from date of those units being issued a Certificate of Occupancy. These recorded agreements must include, as applicable, terms that meet the following minimum requirements for development orders or permits proposing to: a. construct less than fifty (50) dwelling units, then at least twenty percent (20%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; Page 2 of 6 1 16p7 b. construct fifty (50) or more, but less than two hundred (200) dwelling units, then at least fifteen percent (15 %) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; or C. construct two hundred (200) or more dwelling units, then at least ten percent (10 %) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; and 3. include a certificate issued by the Operational Support and Housing Department stating that the affordable housing project has qualified for affordable housing expedited review status. C. Affordable Housing Expedited Review Procedures. 1. Affordable housing expedited review qualification meeting- Prior to an application for a development order or permit being submitted to Collier County for affordable housing expedited review, the applicants or agents must attend a qualification meeting with the Operational Support and Housing Department. To qualify, the applicant or agent must demonstrate how the project will comply with B. 2 above. Those that demonstrate compliance will be issued a certificate of affordable housing expedited review by the Operational Support and Housing Department (OSH). 2. Submittal of affordable housing expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including a certificate of affordable housing expedited review status review issued by OSH, must be submitted to the County for expedited review within six months from date of issuance of the certificate. If not timely submitted, the applicant must apply to be re- qualified under 1., above. 3. Affordable housing expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time - stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review as set forth below. Page 3 of 6 ;. 16A? a. To be considered "complete" an application submittal package must include the following: all items checked off on pre - application meeting notes (i.e.: correct fees, addressing checklist, and any additional information requested during the pre - application meeting). b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. C. An application package deemed "incomplete" will not be accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and land development Review, or Building Review and permitting Department will determine an application package to be "complete" or "incomplete" at the time of submittal. d. Once an application package is deemed "complete" it will have all necessary data entered into the computer- tracking program noting the applicable affordable housing expedited review period: 120 business days for Rezoning Petitions or 60 business days for Plat or Site Development Plans or 75 business days for residential Building Permits. If an Environmental Impact Statement is required with the application, an additional 30 -45 business days of review time may be required to adequately coordinate letters of technical assistance for appropriate state and federal review agencies. These review periods will include all the necessary public hearings however they are predicated on the required quorum before the Environmental Advisory Counsel (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board or County Commissioners (BCC). e. In addition, an affordable housing expedited review routing sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency determination. 4. Expedited review times for staff affordable housing expedited review projects. Page 4 of 6 t 16A7 a. Review of any development order or permit with affordable housing expedited review status will be completed and the appropriate staff reports and approvals completed within 120 business days for rezoning requests, 60 business days for platting or Site Development Plan requests, or 75 days for residential Building Permit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the CCPC and the BCC will then be scheduled consistent with paragraph 5 below. To insure that expedited review applications move through the review process in a timely manner, all re- submittals should be provided to the County within 20 business days from posting of final staff review comments on the computer tracking system. As such, the County's 60/120/75 business day review timeframes will not include any time when the application has been returned to the applicant for corrections based on staff's sufficiency review comments. C. In order to meet the expedited review period: staff reviewers must complete their initial review of affordable housing expedited review applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or 75 business days from receipt for residential Building Permits. If an Environmental Impact Statement is required with the application, a 30 -45 additional business day review time will be required. Sufficiency preview comments will be forwarded via fax or email to the applicant within one (1) working days of when they are posted on the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. e. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. f. Once an application for a development order or permit has been rejected three (3) times by county staff, the applicants or agents must attend a mandatory Page 5 of 6 I 16A7 project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified affordable housing expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review/ pre - application meetings, and public hearings. Applicant Requirements. 1. Partnership Agreement. The applicant shall sign and enter into a "Partnership Agreement" with Collier County in order to participate in the Fast Track expedited review program and agree to the terms requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. THIESOLUTI N ADOPTED after motion, second, and majority vote favoring same this ; - ay of 2005. ATTEST: DWIGHT.,E..PROCK, Clerk eputy Clerk `bs _U Chal�ea' f s only ADDI and Jeffre la w Assist t C ty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: y�° LJ . FRED W. COYLE, Chairma Page 6 of 6 ORIGINAL DOCUMENTS CHECKLIST & ROUNG S P TO ACCOMPANY ALL ORIGINAL DOCUMENTS RD TG O: `�' THE BOA OF COUNTY COMMISSIONERS OFFICE F- sI Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. ompleted 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 exec tion of the Chairman's signature, draw aline through routin lines # 1 throw #4, complete the checklist, and forward to Sue Filson (line: #5). Office Route to Addressees) list in rou ink order) I. Sandra Lea 2. 3. 4. 5. Sue Filson, Executive Manager 6. Minutes and Records CDES Administration Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact n t irnformationis original document pending BCC need d in the event one of the addressees above, ,including Sue Filson need to contact staff for created/prepared missing five summary. Primary co information. All origin Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the s documents needing the BCC item.) Phone Number Name of Primary Staff Michael J. DeRuntz, C.F.M., 403 -2416 Contact Principal Planner, Zonin and Land Dev. Review Agenda Item Number 16.A.8. Agenda Date Item was November 29, 2005 A roved b the BCC Number of Original 1 Type of Document Resolution Documents Attached Attached INSTRUCTIONS & CHECKLIST Initial the Yes column ;- r mark "N /A" in the Not Applicable column, whichever is yes (Initial) a ro riate. 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be letters, must be reviewed and signed signed by the Chairman, with the exception of most the County Attorney. This includes signature pages from ordinances, by the Office of resolutions, etc. signed by the County Attorney's Office and signature pages from by all parties except the BCC contracts, agreements, etc. that have been fully executed Clerk to the Board and possibly,State Officials.) Chairman and 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Chairman and the Clerk to the Board Office and all other parties except the BCC The Chairman's signature line date has been entered as the date of BCC approval of the 3. document or the final ne otinted contract date whichever is a licable. indicating where the Chairman's n 4. "Sign here" tabs are placed on the appropriate pages si ature and initials are required. are an exception), the original document and this routing slip 5. In most cases (some contracts to Sue Filson in the BCC office within 24 hours of BCC approval. should be provided 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 November 29, 2005 and all changes in the attached document. The made during the meeting have been in 's Office has reviewed the chan es, if a licable. Coun Attorne I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N/A (Not tnnlicable 16g8 MEMORANDUM Date: December 1, 2005 To: Mike DeRuntz, Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -409 Enclosed please find one (1) copy of the documents, as referenced above, (Agenda Item #16A8), adopted by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosure • RESOLUTION NO. 2005- 409 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ESTABLISH PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED ECONOMIC DEVELOPMENT COUNCIL "FAST TRACK" PROJECTS AND TO ESTABLISH A REGULATORY PROCESS PROGRAM; AND PROVIDING FOR CODIFICATION OF THIS POLICY AND PROCEDURES. RECITALS WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value -added employment and the economic base by providing assistance to qualified targeted industries that create high -wage job opportunities, and WHEREAS, the County working with the Economic Development Council of Collier County will promote a "fast track" permitting review and approval program to expedite land use and permitting applications for targeted industries in Collier County; r= WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE, be it RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 2. The intent of the Board of County Commissioners is to apply these procedures to development orders or permit applications certified by the Economic Development Council (EDC) of Collier County as qualified for an expedited review and in doing so identify such projects as EDC "Fast Track" projects. 3. The Board of County Commissioners economic development expedited review policy as set forth below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpose /Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as an EDC "Fast Track" approved application. The EDC Page 1 of 7 w 16A8 "Fast Track" expedited review process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for the EDC "Fast Track" expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding developments in Collier County approved under the EDC targeted industry expedited review program. In order to qualify for "Fast Track" expedited review the applicant for a proposed development order or permit must: 1. Include an application approved by the Economic Development Council of Collier County and verified by the Director of Zoning and Land Development Review stating that the project has qualified for EDC "Fast Track" expedited review status, and 2. Specifically request EDC "Fast Track" expedited review project status as part of an application for a county development order or permit, as defined in the Collier County Land Development Code (LDC) Section 1.08.02, including but not limited to: rezone petitions, including those for PUD districts; Site Development Plans; and Building Permits, including their corresponding zoning, engineering, environmental, transportation, and fire code reviews. 3. Qualifying EDC "Fast Track" projects are projects or developments that: a. Create new or expanded businesses that are "Targeted Industries" which are defined as businesses that are aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. They may include, but are not limited to the following industries: aviation, information, technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community. b. Provide 150% or more of the current private sector average wage for Page 2 of 7 • i s projects in High Impact Areas, which is a designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community; or 115% of the current private sector average wage for projects in Eastern Collier County which is defined as that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community; or 50% the current private sector average wage for projects in the Immokalee Rural Federal Enterprise Community which is that jurisdiction so designated by the U.S. Department of Agriculture as a multi jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. §§ 290.001 -- 290.016. c. Creation of full time jobs at the following levels: a minimum of 20 new full time jobs in the High Impact Areas; or a minimum of 10 new full time jobs in Eastern Collier County; or a minimum of 5 new jobs within the Immokalee Enterprise Community. C. EDC Fast Track Expedited Review Procedures. 1. EDC "Fast Track" expedited review qualification meeting. Prior to an application for a development order or permit being submitted to Collier County for an EDC "Fast Track" expedited review, the applicants or agents must attend a qualification meeting with the Economic Development Council of Collier County. Those that demonstrate compliance as defined in B.3. above, will be issued an EDC "Fast Track" certificate of expedited review by the Economic Development Council of Collier County. Page 3 of 7 1 16AB 2. Submittal of EDC "Fast Track" expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including the EDC "Fast Track" certificate of expedited review must be submitted to the County for expedited review within six (6) months from date of issuance of the certificate. If a complete development order or permit application, is not submitted within 6 months from the date if issuance of the certificate, the applicant must apply to be re- qualified under 1 above. 3. EDC "Fast Track" expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time - stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review within 2 business days as set forth below. a. To be considered "complete" an application submittal package must include all items indicated in the pre - application meeting notes, EDC Certificate, and any and all required documentation as noted on the application checklist. b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. c. An application package deemed "incomplete" will not be accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will determine an application package to be "complete" or "incomplete" at the time of submittal. d. Once an application package is deemed "complete" it will have all necessary data entered into the computer- tracking program noting the EDC "Fast Track" expedited review period: 120 business days for Page 4 of 7 J 0 Rezoning Petitions, 60 business days for Plat or Site Development Plans, or 75 business days for commercial Building Permits. If an Environmental Impact Statement is required with the application an additional 30-45 business days of reviews time may be required to adequately coordinate letters of technical assistance for appropriate state and federal review agencies. These review periods will include all the necessary public hearings, however they are predicated on the required quorum before the Environmental Advisory Council (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board or County Commissioners (BCC). e. In addition, an EDC "Fast Track" expedited review routing sheet will be completed, attached, and the application package will be distributed for staff review within three (3) business days from sufficiency determination. 4. Expedited review times for staff EDC Fast Track expedited review projects. a. Review of any development order or permit with EDC "Fast Track" expedited review status will be completed and the appropriate staff reports and approvals completed within 120- business days for rezoning requests, 60- business days for platting or Site Development Plan requests, or 75 business days for commercial Building Permit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the EAC, CCPC, and the BCC will then be scheduled consistent with paragraph 5 below. To insure that expedited review applications move through the review process in a timely manner, all re- submittals should be provided to the County within 20 business days from posting of final staff review comments on the computer tracking system. As such, the County's 60/120 /75 -day review timeframes will not include any time when the application has been returned to the applicant for corrections based on staff's sufficiency review comments. Page 5 of 7 k IbAa c. In order to meet the expedited review period staff reviewers must complete their initial review of EDC "Fast Track" expedited review applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or 75 business days from receipt for commercial Building Permits. If an Environmental Impact Statement is required with the application, a 30-45 additional business days review time will be required. Review comments will be forwarded via fax or email to the applicant and the owner within 1 working day of when they are posted to the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. e. Resubmitted information and /or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. f. Once an application for a development order or permit has been rejected three (3) times by county staff, the applicants or agents along with the owner or developer and a representative of the EDC must attend a mandatory project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified EDC "Fast Track" expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review /pre- application meetings, and public hearings. D. Applicant Requirements. 1. Application Agreement. Prior to the submittal of a development permit or order application, the applicant shall sign and enter into a "Application Agreement" with Collier County and the Economic Development Council in Page 6 of 7 order to participate in the Fast Track expedited review program and agree to the terms requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. 2. Certification of Compliance. A notarized affidavit from an officer of the qualifying corporation or business shall be provided to the Economic Development Council and the Operational Support and Housing Director of Collier County certifying that the new jobs created, that qualified the new or expanding business for the Fast Track Program, have been created and meet the wage requirements as identified within this Resolution. Such certification must be received within twelve months of the issuance of the first Certificate of Occupancy for the specified project. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and super - majority vote. Done this o day of / V 0 �16�robzr 32005. ATTEST: DWIGHT,F,.;BROCK, CLERK Ci �. test l ot Clerk `i,90" tur4 oiV1 y Approved as �,o form and le s � ci cy: Jettrs� AI VlatZKOW A ssi s ant unto Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHA Al Page 7 of 7 ORIGINAL DOCUMENTS CHECKLIST & R WR TING T JS O ACCOMPANY ALL ORIGINAL DOCUMEN T L HE BOARD OF COUNTY COMMISSIONERS OFFICE ENT T 419. Print on pink paper. Attach to original document. Original documents should he 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.) SIG A Complete routing lines #1 through #4 as a ROUTING SLIP exec tion of the Chairman's si nature, draw a line throe h routin lines # 1 throe h #4, tom lfor the checklist, and forward to Sue F' appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the Route to Addressee(s) (List in routin order) Office Filson (line #5 . 1. Initials Date 2. 3. a Sue Filson, Ex cutive Manager Board of County Commissioners 6. Minutes and Records Clerk of c Ourt's Office (The primary contact is the holder of the originalPRIMAR g CONTACT INFORMATION contact i summa NATION ry. Primacy contact information d 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 s the person who created/ item.) P1ePared the executive gnature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Contact ,S- Agenda Date It— em was Approved by the BCC Type of Document Attached Phone Number Agenda Item Number Number off Origt an lam l Documents Attached Initial the Yes column or mark "N /A" in he No Applicable e of rCrtHEh cKj, IST a ro riate, s I • Original document has been signed/initialed for legal sufficiency. (All doc signed by the Chairman, with the exception of most letters, must bi uments to be e rev ewed 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 eossibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other arties exec t the BCC Chairman and the Clerk to the Board 3• The Chairman's signature line date has been entered as the document or the date of B CC approval of the fines e otiated contract date which a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where th si nature and initials are required. e Chairman's 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 BCC's actions are nullified. Be awa e of our deadlines! 6. The document was approved by the BCC on made during the meeting have been incorporate i"te ac hed doe um nt11Thenges County Attorne 's Office has reviewed the than es, if a licable. Yes N/A (Not (Initial) I Annli �t.t L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip wWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 101 N/A is not an option for line 6. G 16A9 MEMORANDUM Date: December 1, 2005 To: Susan Murray, Director Zoning and Land Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -410 Please find one copy of the above referenced document. Item #16A9; adopted by the Board of County Commissioners on Tuesday, November 29, 2005. If you have any questions, please feel free to contact me at 774 -8406. Thank you. Enclosure i 16p 9 RESOLUTION NO. 2005- 410 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUSPENDING ENFORCEMENT OF SECTION 4.06.05.J.2 OF THE LAND DEVELOPMENT CODE OF COLLIER COUNTY, FLORIDA, WITH REGARD TO VEGETATION REPLACEMENT FOR LANDSCAPE BUFFERS AND SUSPENDING ENFORCEMENT OF SECTION 10.02.06.J OF THE LAND DEVELOPMENT CODE WITH REGARD TO TREE REMOVAL PERMITS, DUE TO DAMAGE CAUSED BY HURRICANE WILMA; AND PROVIDING FOR REDUCED FEES FOR TEMPORARY BANNERS INTENDED TO TEMPORARILY REPLACE NON - RESIDENTIAL SIGNS DAMAGED BY HURRICANE WILMA PURSUANT TO RESOLUTION NO. 2005 -363 FOR A TEMPORARY PERIOD OF TIME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, because Hurricane Wilma posed a serious threat to the lives and property of the residents of Collier County, on October 20, 2005, the Board of County Commissioners (Board) adopted Proclamation/Resolution No. 2005 -363, which declared a local State of Emergency, effective immediately for all territories in the incorporated and unincorporated areas of Collier County; and WHEREAS, because Hurricane Wilma caused extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings, and other structures, and significant damage to existing vegetation including required landscape buffers on properties with residential and non- residential zoning designations, the Board adopted Proclamation/Resolution No. 2005 -367, which extended the local State of Emergency to November 1, 2005; and WHEREAS, due to the extensive damage and destruction brought by Hurricane Wilma, the Board recognizes that the citizens of Collier County must repair and replace multiple buildings and other structures, including signs, and replace required landscape buffers, and that in the course of repair and replacement of signs, certain businesses and other entities may need to use banners as temporary signs, and that damage to local and statewide landscape nurseries may cause a delay for property owners to acquire and replace the required landscape buffer vegetation, and where storm damaged vegetation may pose an immediate threat to health, safety and welfare of the public; and WHEREAS, Resolution No. 2005 -382 regulates the fees for banners, Section 4.06.05.J.2.of the Collier County Land Development Code regulates the required time frame for replacement vegetation, and Section 10.02.06.J of the Collier County Lad Development Code regulates tree removal permits; and WHEREAS, it is the intention of the Board to provide the citizens of Collier County opportunities to replace required vegetation and code permitted non - residential signs damaged or destroyed by Hurricane Wilma but also to provide businesses and other entities opportunities to use banners temporarily at a reduced cost, and to suspend enforcement of the current 30 -day replacement rule for code required landscape buffers to 4 months, and to provide administrative 1 1619 authority to extend that replacement time for required landscape buffers up to a period of 6 months, and to suspend enforcement of the current requirement to obtain a tree removal permit for a period of 4 months. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners directs the County Manager or his designee to issue temporary use permits to businesses and other entities seeking to permit banners under Section 5.06.04 C. and Section 10.02.06 G. of the Land Development Code of Collier County, Florida, for banners which would temporarily replace signs damaged or destroyed by Hurricane Wilma on October 24, 2005, and otherwise would be prohibited under Section 5.06.06 of the Land Development Code of Collier County, Florida, for a fee of $25.00 per banner so that such reduced fees will remain in effect for a period not to exceed six (6) months from the Board's adoption of this Resolution. 2. The Board of County Commissioners directs the County Manager to suspend enforcement of Section 4.06.05.J.2. of the Land Development Code of Collier County, Florida with regard to replacement of code required landscape buffers for a period not to exceed 4 months from the Board's adoption of this Resolution and grants the authority to the County Manager or his designee to extend that period of time up to a total of 6 months if in his discretion after the 4 -month period he determines that landscape replacement resources continue to be scarce. 3. The Board of County Commissioners directs the County Manager to suspend enforcement of Section 10.02.06.J of the Collier County Land Development Code which requires a tree removal permit, for a period of 4 months for trees damaged by Hurricane Wilma that pose a threat to the health, safety and welfare of citizens, and require removal. This Resolution adopted after motion, second and majority vote. Done this _ I � day of %i �� � r , 2005. ATTEST: DWIGHT E. BROCK, CLERK /`jj cr nn s'. Attest/ f Approved as'to form and legal sufficiency: Marjori Student Stirling Assistant County Attorney 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .�� W . FRED W. COYLE, CHA AN 16D2 MEMORANDUM Date: January 19, 2006 To: Brenda Brilhart Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract #05 -3893 "Eagle Lakes Phase II, Improvements Part II — Storage Buildings" Contractor: Sand Stone Builders, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, November 29, 2005. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosures (3) . � ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI 6D2 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 exc,e tion of the Chairman's dannhire. draw n line. through routing lines #1 through #4_ comnlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial ) Applicable) 2. November 29, 2005 Agenda Item Number 16.D.2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Colleen M. Greene, Assistant County Attorney County Attorney Office CM 1/19/06 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 Brenda Brilhart, Purchasing Agent. Phone Number 774 -8446 Contact appropriate. (Initial ) Applicable) Agenda Date Item was November 29, 2005 Agenda Item Number 16.D.2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract #05 -3893 "Eagle Lakes Phase II Number of Original Five (5) Attached Improvements Part II — Storage Building" Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 CMG 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 CMG 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 CMG 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 CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG 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 November 29, 2005 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 117:1111;1 TO FROM: 16D2 Memorandum December 28, 2005 0 �, G G j� Sheree Mediavilla, Senior Analyst Risk Management Department *Brenda Brilhart Purchasing Agent P Cg O�v 3 RE: Review of Insurance for: 06 -389K "Eagle Lakes Phase II Improvements —Part II Storage Building" Sand Stone Builders, Inc. This Contract was approved by the BCC on November 29, 2005, Agenda # 16.13.2 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 774 -8446 cc: Clint Perryman, Parks & Recreation 1602 / ITEM NO.: DATE RECEIVED: ��� v {��W�IITTu -_ 2QD 9 41-1 FILE NO.: 42 ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES V Date: December 28, 2005 To: C Assistant County Attorney From: 4 Brenda Brilhart Purchasing Agent 239/774 -8446 Re: Contract #05 -3893 "Eagle Lakes Phase II Improvements Part II— Storage Building" Contractor: Sand Stone Builders, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 29, 2005 Agenda Item: 16.D.2 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. 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. ,1 ig uCo 16D2 "Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part II Storage Building" COLLIER COUNTY BID NO. 05 -3893 COLLIER COUNTY, FLORIDA Design Professional: Wilson Miller, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TPA #1953633.11 16D2 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form 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: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Wilson Miller, Inc. and identified as follows: "Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part II Storage Building" as shown on Plan Sheets 1 through 24. EXHIBIT N: Contractor's List of Key Personnel __. EXHIBIT O: Stored Materials Records 16D2 . PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Eagle Lakes Phase 11 Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part 11 Storage Building COUNTY BID NO. 05 -3893 Separate sealed bids for the construction of Eagle Lakes Phase II Improvements —, Construction of Part l: Pavilion and Tennis Courts; and Part II Storage Building, 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 27th day of October 2005, at which time all bids 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. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately. A non- mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 7th day of October 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Eagle Lakes Phase II Improvements — Construction of Part 1: Pavilion and Tennis Courts; and Part II Storage Building, Bid No. 05 -3893 and Bid Date of October 27, 2005. This is a two part bid, and may be aw No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at 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 $70.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 TPA #1953633.11 GC -PN -1 16D2 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance 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 Payment and Performance 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 Owner 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 Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner 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 without the consent of the Successful Bidder. Dated this 23rd day of September 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TPA #1953633.11 GC -PN -2 16D2 . PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, 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. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, - on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the TPA #1953633.11 GC -P-1 16D2 . location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of 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 Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately If a bid is submitted for just one of the projects and the base bid is less than or equal to $200,000.00, the bid, payment and performance bonds may be waived. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached 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. TPA#1953633.11 GC -P -2 16D2 0 Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids 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 or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids 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. TPA #1953633.11 GC -P -3 16D2 . All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect 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 its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. TPA #1953633.11 GC -P-4 16D2 . Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 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, because if 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 and the Successful Bidder 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 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. 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 TPA #1953633.11 GC -P -5 16D2 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, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. 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 applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project 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 Agreement 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 Agreement 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 Agreement. TPA#1953633.11 GC -P -6 16D2 . 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. 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. 2004 -05, 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. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." TPA #1953633.11 GC -P -7 Oct 26 -05 13.59 From - Collier County Purchasing 239 732 0844 T -418 P.001 /001 F-830 16D2 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 330111 AST T NIIANrr TRAIL ADM NISTRATIVE SE)EivICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774 -8446 FAX (239) 732 -0844 www.co11iergcv.net ADDENDUM DATE: October 26, 2005 TO: Interested Bidders FRO : Brenda Brilhart Purchasing Agent SUBJECT: Addendum # 1 — Bid #05 -3893 — "Eagle Lakes Phase 11 Improvements -- Construction of Part f: Pavilion and Tennis Courts Part II; Storage Building" Addendum # 1 covers the following change for the above- referenced Bid: Change: Bid Due Date has been re- scheduled for Thursday, November 3 2005 at 2 :30 m. If you require additional information please call Clint Perryman, Project Manager, Parks and Recreation Department at 239/353 -0404 or me at 239/774 -8446 or by e -mail at brendabrilhart @colliergov .net. cc: Clint Perryman, P &R Dept. F4t (X AJ i I __ W1 A LXx__1e _ V I C- • S'and stopte, BUILDERS, INC 3 November 2005 Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Dear Director 16D2 County Bid No 05 -3893 EAGLE LAKES PHASE II IMPROVEMENTS - Construction of Part I : Pavilion and Tennis Courts; and Part II Storage Building E &E Professional Builders, Inc, d.b.a. Sand Stone Builders is pleased to submit its Bid for the above project. -- This Bid is based on the documents provided and includes Addendum 1, an acknowledged copy of which is included with the Bid Forms. Also enclosed is a cashiers check in lieu of a bid bond. Should Sand Stone Builders' Bid be successful, we reserve the right to substitute the cashiers check with a formal bond. Our Bid is based on monthly progress claims which will be submitted in accordance with a schedule of costs to be provided. This will include allowances for off site works such as design and fabrication, and will also include a site establishment allowance which would be payable on mobilization on the site. We anticipate that payments would be made in accordance with the Florida Prompt Payment Act (F.S. 218.74). Our bid does not include the requested alternate to provide insulation to the walls of the storage building. However, we advise that this work could be carried out for $12,600, subject to detail to be provided by the design architect. This letter forms part of our Bid. Thank you for the opportunity to submit a Bid. We remain available to clarify any issues that you may require. Yours faithfully, Martin Dowling 2187 Trade Center Way, Suite #3 • Naples, FL 34109 • Ph 239.596.2596 • Fax 239.596.1165 • www.SandCastlesGroup.com CERTIFIED GENERAL CONTRACTOR # 1504639 • FLA PROFESSIONAL ENGINEER # 057090 • CERTIFIED ROOFING CONTRACTOR # 56757 16D2 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, 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. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the TPA #1953633.11 GC -P -1 1602 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of 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 Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner .shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately If a bid is submitted for just one of the projects and the base bid is less than or equal to $200,000.00, the bid, payment and performance bonds may be waived. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached 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. TPA #1953633.11 GC -P -2 16D2 Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing_ of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids 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 or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids 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. TPA #1953633.11 GC -P -3 16D2 . All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect 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 its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. TPA #1953633.11 GC -P -4 16D2 Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 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, because if 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 and the Successful Bidder 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 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. 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 TPA #1953633.11 GC -P -5 16D2 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, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. 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 applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project 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 Agreement 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 Agreement 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 Agreement. TPA #1953633.11 GC -P -6 16D2 0 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. 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. 2004 -05, 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. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." TPA #1953633.11 GC -P -7 1602 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part II Storage Building BID NO. 05 -3893 Full Name of Bidder Main Business Address 71 1877 TtIAbL c c �,rel LJA-/ ", Pk- 4 Place of Business 2 1 � -1 i n-^" rC-�' iX11 �L,ai , NrP(u =S Telephone No. 23`� Sq6 2:Sq6 Fax No. 23 .5qU II b State Contractor's License # CG C ©z 7 �---7 Z To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contra c or's Number Initials Bidder proposes, and agrees if this Bid is accepted, Bidder will .execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. TPA #1953633.11 GC -P -8 16D2 — BID SCHEDULE -- PART I Eagle Lakes Phase 11 Improvements — Construction of Pavilion and Tennis Courts Bid No. 05 -3893 TO: Collier County Board of County Commissioners, hereafter called "Owner" The undersigned, having carefully examined the proposed Contract Documents for the Eagle Lakes Phase II improvements issued by Wilson Miller, Gora McGahey Associates in Architecture and TLC, and having visited the site and examined the conditions affecting the Work hereby proposes and agrees to furnish all labor, materials, equipment, and accessories, and to perform operations necessary to complete the Work as required by the Contract Documents, for the stipulated sums of: BASE BID: The total cost for the following bid items. I . Two (2) Shelters depicted in Site Civil Construction Drawing C -4, and corresponding Site Civil, Architectural, Structural, and Mechanical /Electrical /Plumbing drawings and specifications. 2. Two (2) tennis courts and pavement for pathways depicted in Site Civil Construction Drawing C -6, and corresponding Site Civil, and Electrical drawings and specifications. The required scope of work associate with this line item cannot commence until no earlier than March 31 2006 unless instructed otherwise to avoid potential conflicts with existing site work. �� 1'It1 Ste, �� SO (T I)r,� i Lrtft S ��y — Dollars ($ Z 68, cx-� - Cc' - ) ADDENDA: The undersigned acknowledges receipt of Addenda numbered BIDDER: The undersigned bidder understands and agrees to comply with and be bound by the Contract Documents issued for the Work. Firm am C cr C I ON WIt -,60t S iNc- '�Q� Address 7-A9 7 ufA N /VhCs FL �4 t -), Date W -001 ---k �42l2 2�Dcl 5 TPA #1953633.11 GC -P -9 16D2 . _. BID SCHEDULE -- PART II Eagle Lakes Phase 11 Improvements — Construction of Storage Building Bid No. 05 -3893 TO: Collier County Board of County Commissioners, hereafter called "Owner" The undersigned, having carefully examined the proposed Contract Documents for the Eagle Lakes Phase II improvements issued by Victor Latavish, AIA Architect, and having visited the site and examined the conditions affecting the Work hereby proposes and agrees to furnish all labor, materials, equipment, and accessories, and to perform operations necessary to complete the Work as required by the Contract Documents, for the stipulated sums of: BASE BID FOR THE FOLLOWING ITEMS: 1. Installation and construction of 1 (one) Metal Storage Building complete with all required Civil site work, electrical, plumbing, and mechanical according to the architectural plans and specifications associated with the required scope of work. BASE BID: cv.SQ� A- F C)Q i Y (Dollars) $ ,Z14 1 Oc o ADDENDUM: The undersigned acknowledge receipt of Addendum number(s) � 62 The undersigned bidder understands and agrees to comply with and be bound by the Contract Documents issued for the Work. Firm C -f-E Pn�rrss�M>� 4��ii �1�YiS i�c By M iyrl j,y b(-X ut �, G. Address 11F,-7 CZ4v;f -k U -tx y Date 3 W��Lp�ki�rJt. "L ©cam TPA #1953633.11 GC -P -10 be"k SFt1\-N, N"�rS fL- 341 (. 16D2 0 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specificathis.Iistc THIS LIST MUST Bid BE COMPLETED OR constitute acceptance of material proposed on BID WILL BE DEEMED NON - RESPONSIVE. MAT- 1. S�z 2. ��p+Nc• 0 IitUSSC S 4. 5. Dated S Uc Qcq__k &`,t 2,,x, s TPA #1953633.11 GC -P -11 MANUFACTURER C {�Sl'4Z.�CI SiTYt Cp�Ll1(�il/Y T�:_,�3 N A PEES c uA (�6cYl t A r Pre �Ft S s ��r� ism -�c� S, ►'� e Bidder t0'() 16D2 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work 1. - ���c_i2 {Tt 2. s F� r 1tCiV� 4. 5. j TvNiS cc�LA-1 Dated 3 l��t) 1"O'S TPA #1953633.11 GC -P -12 Subcontractor and Address c c . CC, ""1- .:���� <. Lk� C^ VeM2l3L S1-f21 C .iL1) V4 1«ct Rb Aj6 �i WcLCN lySN, S )NC q,_�t v5 ttw`i q 1 S �S`j�c pry cL- E,t Bidder bt A 16D2 . STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 2. CC FACiltt`1 3. C1 5. Q Dated N�lk �Ltbt e s Ede h�LUF�SS►C -n� ���tli1KS ILL Bidder )mt BY: )4AV -T3Q bC'wL1JZ( 7A. TPA #1953633.11 GC -P -13 16D2 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity). Cost Cost (Descr= iLEMY 1. jNC ��:�'� Ili PLL+jS�rC, Z( iAj_x C0N c Co�tS LL'�ti1O .S1,kI p2icc 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non - responsive. DatedUtt Bidder BY: akAr2lv �OWI iU J TPA #1953633.11 GC -P -14 16D2 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached property not executed Owner d delivered event the Agreement, Insurance Certificates and Bonds are to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work orov computed by this elxclBudi 9 within one commencement date 1an0d consecutive calendar days, c p Y including the last day of such period, and to be fully completed l cto the point calendar acceptance by the Owner within one hundred and eighty ( ) days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of V,- L+ County of (t-A. k. + 01 M MZ7?,�) -0 G )L , -,t—„�c , being first duly sworn on oath deposes and says that the Bidder d madeeon behalf of such organized B rider inicated and that this that all statements herein mad deponent is authorized to make them. PON- IL-10v )C" 1,QL- , "Sc, , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including 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. TPA #1953633.11 GC -P -15 1602 (a) Corporation The Bidder is a corporation organized and existing under the lelaws gal of the nState of which operates under the g and the full names of its officers are as follows: 'SA ''� President fPIV�01-Sl rt"Ki�ANbE Secretary IttjLtvift N Treasurer ��`�`� R`4� Manager 0AV��' The is authorized to sign construction bids and contracts for the company by action of its Board of Directors - -W(en (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 and if operating under a trade name, said trade name is AU L-ik-21 DATED 2L s TPA #1953633.11 GC -P -16 legal entity ,r Witness Witness STATE OF `f h COUNTY OF COLUCk 1602 BY: a e o der (Typed) Si Title The foregoing instrument was acknowledged before me this -�P day of NoOeAlg:�rz 2005, by - as of EA - Pn..c:F� s���N� �UrL��izS � I^'c I a �CCNLA;---' r�- corporation, on so produced behalf of the corporation. He /she ersonall as identification and did (did not) take an oath. My Commission Expires: ROBIN STEVENS On MY COMMISSION #DD42210 NAME: EXPIRES: APR 24,2009 Bonded by 1 st State Insurance (AFFIX OFFICIAL SEAL) TPA #1953633.11 GC -P -17 (Signature of Notary) (Legibly Printed) Notary Public, State of ---� =- Commission No.: 16D2 0 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. 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. g. Any addenda have been signed and included. g. Y The mailing envelope has been addressed to: Purchasing Director -` Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: aBid 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 k E 4s cSS� or�rct `&A L VIIS , I,v L Bidder y ' XA 5AT-.,3 11, 1_ , . il' I �CiL1 I.0 Ur i tr�� Signat -& Title DATE: TPA #1953633.11 GC -P -20 16D2 . CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with E & E Professional Builders, Inc., dba Sand Stone Builders ( "Contractor") of 2187 Trade Center Way, Naples, FL 34109, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Eagle Lakes Phase II Improvements — Construction of Part I; Pavilion and Tennis Couds; and Part II Storage Building, Bid No. 05 -3893 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Wilson Miller, Inc., the Engineer and/or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents 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" and sometimes as the "Contract "). 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 one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. 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: [DESCRIBE IN WORDS] one hundred forty -four thousand dollars and zero cents. ($144,000.00) GC -CA -1 16D2 0 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are 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 meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. 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 at its cost and expense another bond and °-° surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. 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. Contractor shall achieve Substantial Completion within one hundred and fifty (150) calendar days from the Commencement Date (herein "Contract Time "). 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. Contractor shall achieve Final Completion within one hundred and eighty (180) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. GC -CA -2 16D2 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 Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty (see table below) 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 within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. Project Site Days /Substantial Completion Liquidated Damages Days /Final Completion Liquidated Damages PaFt 4 4-50 $225.88 4-89 $1— 1 1z2. 94 Part II 150 $225.88 180 $112.94 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 Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is GC -CA -3 16D2 . allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Wilson Miller, Inc. and identified as follows: Eagle Lakes Phase II Improvements — GC -CA -4 16D2 . Construction of Part 11 Storage Building as shown on Plan Sheets 1 through 24. Exhibit N: Contractor's List of Key Personnel Exhibit O: Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Clint Perryman Project Manager Parks & Recreation Department 3300 Santa Barbara Blvd. Naples, Florida 34116 (239) 353 -0755 (239) 353- 1002 Fax B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Edward J. Hernandez, President E & E Professional Builders, Inc dba Sand Stone Builders 2187 trade Center Way Naples, FL 34109 (239) 596 -2596 (239) 596 -1165 Fax 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. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 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 GC -CA -5 16D2 . perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. 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 10. 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 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. 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 14. 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 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. GC -CA -6 16D2 . Section 16. 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 17. 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, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC -CA -7 16D2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST WITNESS i 64"%Xj&1 F" b0WL,I,.5G Type /Print Name -SECOND WITNESS Type /Print Name Date: - 1.q ATTESt" Dwight-F-'., Brock Clerk BY vr� . test:*% -to •1 twe on1AppTed' Ao Form an1 d� �, It Legal Sufficiency: Aka" Print Name: M16cfi 0.6re -c '- Assistant County Attorney OWNER: CONTRACTOR: 2 2 Professional Builders, Inc. aid Stone Builders 3 IfElZn�t�l DE Z ype /Print Name and Title BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -8 BY: Fred W. Coyle, Chairm Page 1 of 2 1602 VermillionJanice From: BrilhartBrenda Sent: Thursday, December 08, 2005 8:39 AM To: VermillionJanice Subject: FW: Waiver of Bonding Requirements (ELPH II Project Maintenance Bldg.) From: ClintonPerryman Sent: Wednesday, December 07, 2005 4:55 PM To: BrilhartBrenda Subject: FW: Waiver of Bonding Requirements (ELPH II Project Maintenance Bldg.) One typo correction. CUNT L. PERRYmAN, CGC Project Manager Cower county Parks & Recreation Dept. PH 239.353, 0755 / Fax 239.353.1002 """ c /intonperrrmau�co / /ier�ovnet Confidentiality Notice: This e-mail message is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is strictly prohibited. From: ClintonPerryman Sent: Wednesday, December 07, 2005 4:51 PM To: BrilhartBrenda Subject: Waiver of Bonding Requirements (ELPH II Project Maintenance Bldg.) Brenda, Please be advised that this department is exercising the option of waiving the "Bonding Requirements" in accordance with the Purchasing Department Policies & Procedures regarding the subject matter. This waiver is provided on the basis of being in compliance with the standards of the financial threshold requirements of the project (under $199,000) as per your information. Further, the waiver was primarily granted as an inducement to attract more qualified bids from prospective local qualified bidders, from what was previously received subsequent to the previous bids. Also, please be informed that a professional resume was submitted by the firm and their professional qualifications was deemed acceptable. I will forward you a copy of the resume for your records. If there are any further questions regarding this matter please contact me accordingly. CUNT L. PERRYMAN, CGC Project Manager 12/R/2005 16D2 EXHIBIT A PUBLIC PAYMENT BOND Eagle Lakes Phase II Improvements — Construction of Part II Storage Building KNOW ALL MEN BY THESE PRESENTS: That Bond No. Contract No. 05 -3893 as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. executors, WHEREAS, Principal has entered into a contract dated as of the day of 2005, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2005, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. TPA #1953633.11 GC- CA -A -1 16D2 . EXHIBIT A PUBLIC PERFORMANCE BOND Eagle Lakes Phase II Improvements — Construction of Part II Storage Building Bond No. Contract No. 05 -3893 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 2005, with Obligee day of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein 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 materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety,. for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TPA #1953633.11 GC- CA -A -4 DEC.13.2005 3 :25PM ALLSTATE BOGAN INS,2392611572 You're in good hands. Jeffrey M. Bogan Insurance Agency, Inc. Allstate Insurance 24)5 N Tamiami Trail ste 212 Boam Galleria Naples, FL 34103 (234)261 -6533 (239 )261- 1572fax http : / /agent.allstate.com /JeffBogan /Welcome/ Monday — Friday 8.30 — 5.30 for Your Wumnce needs -_ Fax Cover Sheet DATE: �"1 — ©S ATTN: FROM: SEAN GARCIA TIME: FAX: PHONE: 239 -261 -6533 FAX: 239 - 261 -1 572 NO. 3119 �, 1 16D2 T0: Department of Motor vehicles Inspection Division R& automobile Insurance Binder This is to certify that automobile liability insurance, in conformance with requirements of Section 324, Florida Statutes, is in effect under a temporary insur-Ance binder as follows_ t ^� Binder Period: Fro k -�) — 0 5- To Name of Insured. ° I� � `�rae.1t Cl. �P%e5l. Address: {y, Insurance Company> 11��'vnvtletltat�dr►Su�Itz+tre; �on }R(fG {1F D003�5��� o�� Description of Vehicle($) Insured: Year Make r� Body Style fir'1L.1— l- i,.,,j"'. C ,oV\1 FP A --GSL- dX,� P0 I L-0oo, Don P: 4 1 C) i lea 0 01 Of S ion ,5D D ' Comp- 5,00 Date= 1 1 ,. d AWcy: �-- O \q Jeffrey M. Bogan Ines. Agency. Inc. WWWWAW 2425 Tamiami Trail N, Suite 212 General Authority: 324.042, F.S. Law Implemented: 324.021, 324.031, Naples, FL 34103 U7892, 01/06/2006 FRI 16:53 FAX 239 2617574 Oswald Trippe ,900 CERTIFICATE OF LIABILITY INSURANCE 8&Z�FR 1 �1 01106/06 PRODUCER Oswald Trippe and Company, Inc 4089 Tamiami Trail forth A203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Collier County, r .,. , • -^ TYPE OF IN Naples !L 34103 Phoue:239- 261 -0428 raxs239- 261 -7574 INSURERS AFFORDING COVERAGE NAIC III INSURED NSURERA: XCIN GENERAL LABILITY COMMMERCiAL GENERAL LIABILITY INSURER B: E &8 Professional Builders Inc Edward Hernandez 2187 Trade Center Flay Ste i3 Naples YL 34109 �uRFRC: — NSURERD: 3 INSURER E; newmoj cc THE POLICIGS OF NSURANCG LISTED BELOW FIVE 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 SUBJSCT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR Collier County, r .,. , • -^ TYPE OF IN POLICY NUMNNF DA DATE LIBT9 AUTOO ID TATIVE GENERAL LABILITY COMMMERCiAL GENERAL LIABILITY EACH OCCURRENCE 3 _ PREMISES omwem*) 3 CLAIMS MADE OCCUR MED EXP NAY eee WWI) S PERSONAL 6 ADV INJURY S GENERAL AGGREGATE I GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S POLICY M dECT LOC AUTOMONLE L.N NJW ANY AUTO COMBINED SINGLE LINT (Ea aeeleenl) I BoouY INJURY (Por pmm) 3 ALL OWNED AUTOS SCHEDULED AUTOS BODILY MURY (PeraaWaM) M 3 MIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (PW meeiA/M) I _.... GARAGE LABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO 3 AUTO ONLY: AGO EXCESSASNR&LA LmmurY EACH OCCURRENCE 3 OCCUR FI CLANS MADE AGGREGATE S S $ DEDUCTIBLE - RETENTION f 3 A WORKERS COMPENSATION AND ANY LOYeRSEL1ABIUTY ANY PROP'RIETOR/PARTNERIEXECUTNE OFFICERJMEMBEREXCLUDED? 122oo5wc 12/20/05 12/20/06 TORY LIMITS R E.L. EACH ACCIDENT $1000000 E.L.010%111i &M -EA EMPLOYEE $ 1000000 uyes deao;be Ender SPECIAL PROVISIONS below E.L. DISEASE - POLIC'Y LIMIT I $ 10 0 0 0 0 0 OTHER DESCRIPTION OP O►EMTIa431 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENODRSEMNNT I SPECIAL PROVISIONS Collier County, Florida is Listed As Additional Insured as to the operations of Contractor under this Agreement and Shall contain a severability of intersts provisions. Collier County Bid No 05 -3893 "Eagle Lakes Phase II improvements - Construction of Part 1: Pailion and Tennis Courts; Part IL Storage building" CERTIFICATE HOLDER CANCELLATION COLLCOU SHOULD ANY OF THE ABOVE DESCRIBED POLIOES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO NAB. 10 DAYS WRITTEN Collier County, r NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 60 SHALL 3301 E. Tamiemi Trail IMPOSE NOOBLICATION OR LIABILITY OF ANY FOND UPON THE NSURCK ITS AGENTS OR Naples !L 34112 REPRESERTa AUTOO ID TATIVE AcUTCV zD (-AMAIN) © ACORD CORPORATION IM From: Teresa Dawson At: Oswald Trippe and Company Inc FaxID: 239- 433 -4148 To: Martin Dowling Date: 12/13/2005 04:46 PM Page: 2 of 2 1An�o ACORD. CERTIFICATE OF LIABILITY INSURANCE E &EPR 1 A 12/13/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe and Company, Inc 4089 Tamiami Trail North A203 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NS Naples FL 34103 Phone:239- 261 -0428 Fax:239 -261 -7574 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER Nautilus Insurance Company LIMITS INSURER B'. E &E Professional Builders Inc dba Sand Stone Builders Edward Hernandez 2187 Trade Center Way Ste #3 Naples FL 34109 INSURER C. INSURER —- — -" INSURER E. PREMISEStE o1ccErence) { WVQ1 W1 . 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 IN LTR NS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MWDD/YY) LIMITS AUTOO D S ATIVE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISEStE o1ccErence) $50,000 A X COMMERCIAL GENERAL LIABILITY NC497948 09/27/05 09/27/06 MED EXP (Any one person) $ 1,000 _. CLAIMS MADE OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $1,000,000 POLICY PE0. LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ I (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ H AUTO ONLY AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE $ $ DEDUCTIBLE $ �. RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER F L EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXPCUTIVE E . DISEASE - EA EMPLOYEE $ OFF I CER/MEMBER EXCLUDED? E . DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL. PROVISIONS below OTHER I, DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Collier County Government, Contract #05 -3893 Eagle Lakes Phase II Improvements - Part II Storage Building rcortcv -e-rc lane nER CANCELLATION COL2800 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Collier County Government IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2800 N Horseshoe Drive Naples FL 34104 N REPRESENTATIVES. AUTOO D S ATIVE ACORD 25 (2001108) 0 ACORD CORPORATION 1988 PA -ACORD CERTIFICATE OF LIABILITY INSURANCE PR-lpff Lj'l 3 05 PRODUCER Oswald Trippe and Company, Inc ""`"`89 Tamiami Trail North A203 ples FL 34103 Phone : 239- 261 -0428 Fax:239- 261 -7574 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED E &E Professional Builders Inc Edward Hernandez 2187 Trade Center Way Ste #3 Naples FL 34109 INSURER A. MCIM _ INSURER B: GENERAL LIABILITY INSURER C'. - -- -- INSURER D: NCE INSURER E: TE ccurence) 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 LTR NSR TYPE OF INSURANCE POLICY NUMBER P LI Y EF E TIV DATE (MMlDD/YY P LI PRA I N DATE MMlDD/YY LIMITS GENERAL LIABILITY NCE $ TE ccurence) $ _ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR ne person) 7�__ $ V INJURY $ GENERAL AGGREGATE $ –" PRODUCTS - COMP /OP AGG $ GEN'L AGGREGATE L IMIT APPLIES PER: _ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO I ALL OWNED AUTOS — SCHEDULED AUTOS �J BODILY INJURY (Per person) $ � - -- HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ - -- – OTHER THAN EA ACC AUTO ONLY: AGG - $ $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ _ DEDUCTIBLE WC STAI U- I JOT $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBEREXCLUDED? TBD 12/20/05 12/20/06 TORY LIMITS ER_ E.L. EACH ACCIDENT $ 1000000 E. L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 If yes, describe under SPECIAL PROVISIONS below OTHER I DESCRIPTION OF OPERATIONS ! LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER "" 11— COLLCOU Collier County 3301 E. Tamiami Trail Naples FL 34112 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 © ACORD CORPORATION 1988 16D2 . EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, — on a timely basis, if requested by Owner. (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. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor 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 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. - 19) Should at any time the Contractor not maintain the insurance coverage's required herein, the Jwner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC- CA -B -1 16D2 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (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 shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against mm. Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. GC- CA -B -2 16D2 . WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights 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. (check one) ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 GC- CA -B -3 �- 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 General Aggregate Products /Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 16D2 (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) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount 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 --end entities who are beneficiaries of such insurance, until final payment has been made or until no arson or entity other than the Owner has an insurable interest in the property required to be covered, GC- CA -B -4 16D2 -- 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 and windstorm 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 $5,000 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 or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 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 Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any 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 and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall. be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 ___. X Bodily Injury & Property Damage - $1,000,000 GC- CA -B -5 16D2 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B-6 16D2 EXHIBIT C RELEASE AND AFFIDAVIT FORM 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 it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2005 for the period from to excluding all retainage withheld and any pending claims or. disputes as expressly specified as follows: (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) To the maximum extent permitted by law, 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: DATE: Witnesses STATE OF COUNTY OF President The foregoing instrument was acknowledged before me this day of , 2005, by ,as of ,a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) TPA #1953633.11 NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: 16D2 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM: Bid No. _ Project No. Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (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 Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION ,;ONTRACTOR'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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: . (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TPA #1953633.11 GC- CA -D -1 16D2 N Q U U MV c•i Cl) m M W Q IL F Z W F 3 m W W m a wH Er a O O . V ° N " C W W W v m m c !- J00 C Q p a I- o m F' 2w0 ° E C _ O J c W 4 c a — Ir c E O W O F F m O to Q E U � o m • _c o a E — 2 N O m L to z W v o F W m m Q a o a F 3 - W W M O m LL J a as ►- U O f 0 m cl W 0 F a W m N J O U Z L m Y iz oJ. H y W 0 a mm h m d N > > L m W Ir C K a = H m L R L e O W N c m J W r = 7 �p v O J U ° W Q = m _ > m U Q v O W O G ` m c c O - v .Y m Z O c m cm E c N C Co L O. E c ° U W o m L 9 W D K O m N U c 0 CL N m m O O N m U �« h • W m N m V W m O R t S • F. � Wa Z W L « � 3 16D2 N Q U U MV c•i Cl) m M W Q IL TO: Project Name: Bid No.: Change Order Description EXHIBIT E CHANGE ORDER Change Order No.: 16D2 FROM: Collier County Government Construction Agreement Dated: Date: Ungmal Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ........ ............................... $ This Change Order Amount ............................ ............................... $ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number 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 Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) GC- CA -E -3 16D2 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: 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 Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 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 requirements of 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. TPA #1953633.11 GC- CA -F -1 16D2 - The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 2005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2005 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2005 OWNER By: Type Name and Title TPA #1953631 11 GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as ana nave been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: • Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: • Final Completion Time as set forth in the Agreement: Actual Final Completion Date: YES NO 16D2 2005 Calendar Days. Calendar Days. 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (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. As -Built drawings obtained and dated: 6. Owner 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. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Com an Nam By Design Professional: By Owner: GC- CA -H -1 p y e) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 16D2 . _. EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by 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 Subject to Section 2.3 below, 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 GC- CA -H -2 16D2 -._ and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate GC- CA -H -3 16D2 to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday. 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 along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. 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, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the GC- CA -H-4 16D2 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. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within 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. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. GC- CA -H -5 16D2 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 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's GC- CA -H -6 16D2 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 Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 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 attached to this Agreement as Exhibit G. 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 in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. 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, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available GC- CA -H -7 16D2 maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by 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 Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and 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 Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); GC- CA -H -8 16D2 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 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. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, 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 document retention 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, GC- CA -H -9 16D2 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 its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 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. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 GC- CA -H -10 16D2 . 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 order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known 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 GC- CA -H -11 16D2 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 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. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, GC- CA -H -12 16D2 . but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including,. but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 GC- CA -H -13 16D2 . above, 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 Owner'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 Contractor 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. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's GC- CA -H -14 16D2 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 attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its GC- CA -H -15 16D2 default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and 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 Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch - list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, - Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and GC- CA -H -16 1602 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) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) 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 its 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 subcontractor or materialmen 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. 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 another 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 Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. GC- CA -H -17 1602 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. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 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. 22.5 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. 22.6 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. GC- CA -H -18 16D2 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 and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Owner, 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. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. 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 GC- CA -H -19 16D2 under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and 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. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 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 5.13, 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 any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. GC- CA -H -20 16D2 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 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 Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and GC- CA -H -21 16D2 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis 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. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply GC- CA -H -22 16D2 . with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre - construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner 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 this 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 (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on -line at colliergov.net/purchasing. GC- CA -H -23 16D2 . The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. GC- CA -H -24 16D2 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must 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 Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner GC- CA -H -25 16D2 . will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. GC- CA -H -26 16D2 . 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal /Approval Logs Equipment Purchase /Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost - Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As- Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC- CA -H -27 16D2 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC- CA -1 -1 16D2 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 16D2 0 TECHNICAL SPECIFICATIONS FOR EAGLE LAKES PARK PHASE II Prepared For: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane Suite 200 Naples, Florida 34105 Specs for P80"On &Tennis Courts Rebid THESE DOCU PREPARED B' DATE: CHECKED BY DATE: 81792005149041 Ver.031- AGONZALE QA 3 N7522 -002 -001- ESBW 29170 Adolfo A. Gonzalez, PE FL. License No. 42577 Date WILSONMILLER, INC. Certificate of Authorization No. 43 3200 Bailey Lane, Suite 200 Naples, FL 34105 -8507 16D2 . WilsonMiller, Inc. Construction Technical Specifications For Site Civil Items Only (Refer to construction drawings of other disciplines for additional specifications) Table Of Contents Section 01001 -1 Supplementary Technical Specifications (Collier County) Section 01003 - Supplementary Technical Specifications (ENFCRD) Section 01027 - Applications For Payment Section 01045 - Structural Cutting And Patching Section 01050 - Surveying (By Contractor) Section 01090 - Reference Standards Section 01300 - Shop Drawings Section 01310 - Progress Schedules Section 01410 - Testing Services Section 01510 - Temporary Utilities And Controls Section 01600 - Material And Equipment Section 01675 - Pre - Construction Video Record Section 01700 - Contract Close -Out Section 01730 - Operation And Maintenance Data Section 02703 - Trenching And Backfilling Section 02704 - Maintenance Of Traffic — Section 02705 - Restoration And General Requirements Section 02706 — Water Lines (Collier County Utility Division) Section 02707 - Storm Sewers And Pipe Culverts Section 02708 — Gravity Sanitary Sewers (Collier County Utility Division) Section 02709 - Pressure Pipeline Construction Section 02715 - Rock Excavation Section 02726 - Jacking And Boring Section 02731 - Television Inspection (Gravity Sewer) Section 02813 - Seeding, Mulching And Sodding Section 02814 - Concrete Curbs, Gutters, Manhole Frames, Storm Inlets, Etc. Section 02817 - Clearing And Grubbing Section 02820 - Excavation And Embankment Section 02828 - Chain Link Fence And Gate Section 02910 - Limerock Base Course And Stabilized Subgrade Section 02911 - Wearing Surface - Asphaltic Concrete Section 02911A — Plexipave System Section 02924 - Pavement Marking, Striping, And Signs (DOGS Open # 120163) Section 03030 — Structural Concrete 3!72005 - 149024 Ver. 011- AGOWALE csso N7522 -002 -001- E1SOG 28777 Adolfo A. Gonzalez, PE FL. License No. 42577 Date / / WILSONMILLER, INC. Certificate of Authorization No. 43 3200 Bailey Lane, Suite 200 Naples, FL 34105 -8507 16D2 SECTION 01001 -1 SUPPLEMENTARY TECHNICAL SPECIFICATIONS FOR PAVILIONS & TENNIS COURTS RE -BID PART1 GENERAL 1.01 SUMMARY A. This Section includes Supplementary Technical Specifications that amend or supplement the Technical Specifications of these Contract Documents. All Specifications not amended or supplemented remain in full force and effect. 1.02 CHANGES A. Delete all references to unit price bids. The Contractor shall provide a lump sum bid for each of the bid items described in the Bid Form. B. Section 01003 — Supplementary Technical Specifications East Naples Fire Control District: Sub - section 1.02.A: Change the date of the referenced memorandum to April 30, 2004. Refer to the end of this supplementary specification for the referenced memorandum. The Contractor shall check with the Fire Control District regarding the District's current fee structure for testing and inspections. C. Section 01410 — Testing Services: 1. Replace Sub - section 1.02.A with the following: The Contractor shall pay for the services of an independent testing laboratory to perform all tests required by the Technical Specifications and Construction Drawings. The Contractor shall submit the qualifications of the independent testing laboratory prior to construction commencement for review and approval by the Engineer. 2. Regarding Sub - section 1.05.E: The Contractor shall submit asphalt pavement core samples and density test results in accordance with Collier County inspection requirements. The Contractor shall confirm the sampling frequency and reporting deadlines at the required pre - construction conference with county inspection staff. 3. Add Sub - section 1.08.E: Refer to the Quick Reference Guide of Required Submittals Items described at the end of Supplementary Technical Specification 01001 -1 for a reference to the relevant items that must be submitted by the Contractor to the Owner's representative prior to, during and after construction completion. A required submittal item may be waived at the Engineer's discretion. The Contractor shall submit a written request to waive a submittal item at the pre - construction conference. The requirement in the governing technical specification shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. u17R005.118977 Vm:OW- AGOWALE N..� N7522- 002 - 001 - E1SDC.287T7 16D2 . D. Section 01510 — Temporary Utilities and Controls: 1. Add new Sub - section 1.02.D: Comply with permit stipulations in the Collier County Site Development Permit SDPA- 2004 -AR -6532, Florida Department of Environmental Protection (FDEP) Environmental Resource Permit No. 11- 0141573 -002, FDEP General Permit for Construction of Water Main Extensions (permit issuance is pending; the application is included herein), Florida Department of Health Centrax Permit Number 11-60- 03167, and Florida Department of Transportation Right -of -Way Permit No. 04 -K- 197 -0010. The Contractor is responsible for securing all other permits. Refer to the end of the Supplementary Technical Specifications for a copy of each referenced permit. 2. Regarding Sub - section 2.06, Temporary Sanitary Facilities: The Contractor's/subcontractor's personnel may utilize the on -site restroom facilities and shall not restrict the use of such facilities to the general public. E. Section 01600, Material and Equipment: Add new Sub - section 1.06.B.5: The following affirmative and written responses from the Contractor will be required prior to approval of a substitute product: 1. Is the Contractor familiar with the substitute product with respect to handling, storing, installing, repairing and replacing it? 2. Is the Contractor familiar with the specifications for the substitute product? 3. Does the Contractor have personnel assigned to the Project that have experience in handling, installing and repairing the substitute product in accordance with the manufacturer's instructions? F. Section 01675 — Pre - construction Video Report: The Contractor shall record the following areas prior to construction commencement: 1. Each work zone, including a view extending beyond the work zone to also cover existing landscaping near each work zone. 2. The entire area contained in the "Limited Clearing Area" described in Drawing C -2 of the site civil construction drawings. 3. The north half (i.e., westbound direction) of US 41, extending 100' in both directions beyond the work zone within the US 41 Right -of -Way. 4. The exterior and interior of the restroom building near the proposed interactive water feature and equipment yard (i.e., the restroom building northeast of the existing basketball court). 5. Each internal vehicular and pedestrian access way intended to be used to deliver construction materials or accessed by Contractor's or subcontractor's personnel. 6. Each staging, storage, and contractor /subcontractor personnel milling area within the Owner's property. G. Section 02703 — Trenching and Backfilling: Add to the end of Sub - section 3.09.C: If the Engineer allows the laying of pipe in water, then the Contractor shall adhere to the installation requirements described in ASTM D 2321 -00 — Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications — with respect to the Bn7r2005- 148977 V.: DW- AGONZALE cNo N7522- 002-1- elsoc 28777 16D2 . placement of Class I Materials, (i.e., aggregates). The Contractor shall install the necessary materials and utilize the necessary practices to prevent migration of fines into Class I Materials or other open graded aggregates. The bedding material shall be laid up to the pipe haunches, or up to the level of standing water in the trench, whichever is higher. H. Section 02705 — Restoration and General Requirements: Add Sub - section 3.09.G — Staging Areas within the Owner's Property: The Contractor shall limit staging and storage areas within the Owner's Property to the grassed infield that is west of the main entrance (Refer to Exhibit for location). The Contractor shall secure written permission from the Owner prior to utilizing any other area within the Owner's property for staging of equipment, materials storage yards, milling areas for laborers, etc. The Contractor shall not stage or store any materials or equipment within the US 41 Right -of -Way. Contractor's materials, equipment, and personnel shall stay a reasonable distance away from, and avoid to the greatest extent practicable any disruptions to, all parts of the park that are or could be utilized by recreational users. The Contractor shall familiarize himself with league play schedules to avoid disruptions to onsite pedestrian and vehicular circulation and use by recreational users during the duration of the construction project. The Contractor shall install any necessary pedestrian safe barriers to keep pedestrians away from work zones. There may be other contractors working within the Park during the same time that this Project is under way. The Contractor shall take the necessary precautions to secure the staging, storage areas, and work zones to avoid conflicts with the construction work being done by others. I. Section 02821 — Chain Link Fence and Gate: Delete all references to fence heights and gate sizes and refer to the site civil construction drawings. Delete all references to barbed wire fence in the technical specifications, including Section 02821. 1. Regarding Sub - section 2.2.A.1: Knuckled top and bottom selvages shall be used instead of twisted and barbed selvages. Replace reference to "ASTM F-688" with correct reference of "ASTM F -668 ". 2. Regarding Sub - section 2.2.A.1.c.1: Fence fabric and materials shall have the same finish color as the existing fence on site surrounding the kiddy playground. The following additional enclosures referenced in this supplementary specification appear after this page: 1. East Naples Fire Control & Rescue District "Hydrant Requirements" effective April 30, 2004. 2. Quick Reference Guide to Required Submittal Items by Contractor per VNilsonMiller Technical Specifications (Site Civil Items Only) 3. Permits 4. On -site Staging and Storage Area Exhibit END OF SECTION 01001 -1 N,7200f146977 ver: 036 AGONZALE M522-002-001- E15'OG 26777 R NA,b 7v. j 16D2 East Naples Fire Control & Rescue District Fire Prevention Bureau 5001 East Tamiarni 'T'rail Naples, Florida 341.13 (239) 774 -2800 HYDRANT REQUIREMENTS Effective April 30, 2004 All hydrants located in project shall be freshly painted OSHA Safety Yellow. 2) Hydrants must be properly restrained in accordance with NFPA 24 (breakaway pads, thrust blocks and mega lugs.) 3) Alt hydrants shall be epoxy -lined up and through the discharge nozzels, and epoxy breakaway coupling. 4) All threads shall be lubricated. 5) Blue DOT markers shall be placed in the road after final paving slightly off center toward the hydrants as an indication of location. 6) Final landscaping elevation grade shall be no higher than the safety flange of the hydrant. 7) Vegetation, fencing or other obstructions shall not be placed closer than 3 feet to a hydrant or so as to obstruct any outlet. 8) The barrel of the hydrant and the hydrant foot valve shall be 5 '/4" in diameter, at minimum. 9) All discharge outlet threads shall be American National Fire Hose Connection Screw Thread, and all hydrants must have (2) 2.5" ID discharge outlets and (1) 4.5" ID discharge outlet. 10) The large hydrant outlet shall face the street. 11) All fire hydrants subject to traffic collision shall be provided with concrete filled 4" 1D steel traffic protection pipes/barricades on all sides subject to collision. 12) Water supply to hydrants must be functioning at full capacity at the time of final inspection and before structural construction begins. 13) Chains and rings must be removed from all hydrants. 2:6 *'J' 9 1 T_ Z 1LZL Gzz 3211 A S37avN Lsvj 'VzS = 0 SG- vca -A'Al- W 16D2 . f-, All hydrants shall comply with the aforementioned specifications. All hydrant inspection fees shalt be paid prior to receiving the ownership/maintenance letter. A letter requesting hydrant ownership /maintenance by ENFD must be submitted to the following address before CO is granted: East Naples Fire Prevention Bureau, 5001 E. Tamiami Trail, Naples, Florida 34113. Each hydrant will require a maintenance fee of $500.00 and inspection fee of $50. An additional fee of $90.00 will be charged for the fire flow test. Checks are to be made payable to East Naples Fire Department. In accordance with Collier County Ordinance, the following reinspection fees shall be levied should any hydrant fail to comply with all specifications upon first inspection: 1" Failure $50 Per hydrant 2 "d Failure S75 Per hydrant 3rd Failure $100 Per hydrant 4" Failure 5250 Per hydrant 51h Failure $500 Per hydrant too - d qt T'Z 174L 6Z7 3Zf Z S3',CjVK+ 1SV VE:S ^ CT c1 C1- SiED- ••tLb.; 16D2 . Quick Reference Guide to Required Submittal Items by Contractor per WilsonMiller Technical Specifications (Site Civil Items Only) Submittal Technical Technical Specification Required Test Or Date Date Tracking Number Specification Number Specification Name Subsection Submittal Item When Needed By Submitted Approved Number The requirement in the governing technical specification shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. 01001 Supp. Tech. Spec 1.02 See spec. for As Required additional items 01003 Supp. Tech. Spec. - 1.02.0 Details & Hydrant Prior to Ordering ENFCD Flow Data Materials 01027 Applications for 1.04.A Payment Application As Agreed Upon Payment 01027 Applications for 1.04.13 Updated Const. W/ Ea. Pay. App. Payment Schedule 01045 Structural Cutting & 1.02.B Request for Cutting In Advance of Patching Cutting 01050 Surveying 1.03 A -B Surveyor Info Before Surveying 01050 Surveying 1.03.0 Site Drawings and Prior to Substantial Certificates Completion 01300 Shop Drawings 1.02 Required Submittal Prior to Ordering Procedures Materials 01310 Progress Schedules _ 1.05.A Preliminary Outline W/in 15 Days After Schedule Agreement 01310 Progress Schedules _ 1.05.B Updated Schedule W/ Ea. Pay. App. 01410 Testing Services 1.05.E County Required As Required Tests 01410 Testing Services 1.06.A Laboratory Results After each test 01410 Testing Services 1.08.A Mix Designs to When Requested Laboratory 01600 Material & Equipment 1.05.6 Request for Prior to Ordering Substitutions Materials 01600 Material & Equipment 1.06.A Documentation for Prior to Ordering Substitutions Materials 01675 Pre - Construction 1.03.A Video Record Before Video Record Construction (but not earlier than 90 days prior) 01700 Contract Close Out 1.02.B Construction Upon Final Certification Completion 01700 Contract Close Out 1.02.0 Any required Upon Final submittals & final Completion statement of accountin 01700 Contract Close Out 1.04.0 Project Records At Contract Close- out 01700 Contract Close Out 1.05.8 Warranties and Bonds Prior to Final Pay. App. 01700 Contract Close Out 1.06.A Products, Spare Parts, Prior to Final Pay. etc. App- 01700 Contract Close Out 1.07.A Releases or Waivers Prior to Final Pay. of Liens App- 01700 Contract Close Out, 1.08.A Final Pay. App. When Appropriate 01730 Operation ! 1.08.A Preliminary Draft of Before Start Of Maintenance Data IO&M Manuals Work 01730 Operation / 1.08.8 Product and 10 Days After Maintenance Data Manufacturers Data Acce tance # 148982 vi Z5555 -555 -555 Page 1 of 3 3/8!2005 16D2 . Quick Reference Guide to Required Submittal Items by Contractor per WilsonMiller Technical Specifications (Site Civil Items Only) Submittal Technical Technical Specification Required Test Or Date Date Tracking Specification Specification Name Sub - Section Submittal Item When Needed By Submitted Approved Number Number Number Maintenance Data Final Inspection The requirement in the governing technical specification shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. 01730 Operation 1 1.08.0 Data In Final Form wfin 10 Days After Maintenance Data Final Inspection 02703 Trenching and 2.01.A Ballast Rock Sample Prior to Ordering Backfilling Materials 02703 Trenching and 3.11.0 & D Density Test As Needed Backfilling 02704 Maintenance of Traffic 3.02.A Traffic Control Plan At Pre- const. Mtg. Or as Req'd by Governing Agency 02705 Restoration & General 1. 08.B Density Test As Needed Requirements 02705 Restoration & General 3.08.0 Concrete Sampls As Needed Requirements 02706 Water Lines 2.01.1.3 Details & Hydrant Prior to Ordering Flow Data Materials 02706 Water Lines 3.06.B Bacteriological Test As Req'd by Results Agency Having Jurisdiction 02707 Storm Sewer & Pipe 1.03.A Cut Sheets Prior to Pipeline Culverts Const. 02707 Storm Sewer & Pipe 2.07.A Iron Casting Tests When Requested Culverts by Engineer 02708 Gravity Sanitary 1.03.A Cut Sheets Prior to Pipeline Sewers Const. 02708 Gravity Sanitary 2.01.A.9 Manhole Shop Prior to Const. Sewers Drawings 02708 Gravity Sanitary 2.01.B.3 Brick Samples & Test Prior to Const. Sewers Reports 02708 Gravity Sanitary 2.01.H.2 Watertight Stop Prior to Const. Sewers System Shop Drawing 02708 Gravity Sanitary 3.08.B Wye Records As Needed Sewers 02709 Pressure Pipeline 3.09.A Transition Details When Requested Construction by Engineer 02731 Television Inspection 1.03.0 Video Record Prior to Substantial (Gravity Sewer) Completion 02814 Concrete Curbs, 3.06.8 Specified Tests When Requested Gutters, Manhole by Engineer Frames... 02820 Excavation and 3.04.E Density Tests As Needed Embankment 02910 Limerock Base Course 2.01.6 Samples for Physical As Needed & Stabilized Sub grade and Chemical Analysis 02910 Limerock Base Course 3.02.E Density Tests As Needed & Stabilized Sub grade 02910 Limerock Base Course 3.09.A Additional Testing When Requested I& Stabilized Sub grade by Engineer 02910 Limerock Base Course 3.09.A 1 & 2 Limerock Bearing As Needed & Stabilized Subgrade Value Test & Limerock In Place Density # 148982 v1 Z5555 -555 -555 Page 2 of 3 3/812005 1602 Quick Reference Guide to Required Submittal Items by Contractor per WilsonMiller Technical Specifications (Site Civil Items Only) Submittal Technical Technical Specification Tracking S Specification Sub - Section Required Test Or When Needed By Date Date Number Number Specification Name Number Submittal Item Submitted Approved The requirement in the governing technical specification shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. 02911 Asphaltic Concrete 2.01.A Proof of Certification Prior to Contract That Materials Meet Award FDOTSPEC 02911A Plexipave System 2 As required by As Needed Plexipave Product Manufacturer's specifications 02924 Pavement Marking, 2.02.0 Documentation for Prior to Installation Striping, and Signs Reflector Grade 03030 Structural Concrete 2.10.0 Concrete Tests As Needed # 148982 v1 Z5555- 555 -555 Page 3 of 3 3!8/2005 16D2 SECTION 01003 — ENFCRD SUPPLEMENTARY TECHNICAL SPECIFICATIONS EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT FIRE HYDRANT REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. This Section includes Supplementary Technical Specifications which amend or supplement the Technical Specifications of these Contract Documents. AN Specifications not amended or supplemented remain in full force and effect. This Section amends Section 02706, Water Lines, Paragraph 2.01 I, by adding the following: 1.02 CHANGES A. Fire hydrants to be installed in the East Naples Fire Control and Rescue District shall comply with their "Hydrant Requirements ", September 12, 2002, memorandum. B. The CONTRACTOR shall comply with all requirements of this memorandum at his expense. C. The CONTRACTOR shall submit manufacturer's details and certified hydrant flow data to the East Naples Fire Control District for review and approval prior to ordering of materials. Their address and phone number are listed below. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 DAVIS BOULEVARD NAPLES, FLORIDA 34104 (239) 774 -7111 Telephone (239) 774 -1782 Fax HYDRANT REQUIREMENTS December 15, 1998 D. All hydrants installed in Project shall be freshly painted with Sherwin Williams DTM acrylic gloss coating (water base) PURE WHITE. E. Accepted manufacturer's models: Mueller SUPER CENTURIAN Kennedy K81A Guardian No other models or approved equals will be allowed. 6/1/03 SECTION 01003 120343 Page 1 of 2 16D2 . F. Hydrants must have thrust blocks in accordance with NFPA 24. G. All hydrants shall be epoxy lined up and through the discharge nozzles and break away coupling epoxied. H. All threads shall be lubricated. Blue DOT markers shall be placed in the road after final paving slightly off center towards the hydrants as an indication of location. J. Final landscaping elevation grade shall be no higher than the safety flange of the hydrant. K. Vegetation, fencing, or other obstructions shall not be placed closer than three feet to a hydrant or so as to obstruct any outlet. L. The barrel of the hydrant and the hydrant foot valve shall be 5 % inches in diameter minimum. M. All discharge outlet threads shall be American National Fire Hose Connection Screw Thread and all hydrants must two 2'/� inch I.D. discharge outlets and one 4'/ inch I.D. discharge outlet. N. The large hydrant outlet shall face the street. O. All fire hydrants subject to traffic collision shall be provided with concrete filled, four inch I.D. steel traffic protection pipes/barricades on all sides subject to collision. P. Water supply to hydrants must be functioning at the time of final inspection and before structural construction begins. Q. An inspection fee of $50.00 per hydrant and an- ownership and maintenance fee of $500.00 per hydrant shall be paid to the East Naples Fire Department for repair and maintenance of hydrants throughout their lifetime. The fee for each fire flow is $90.00. The OWNER shall pay these fees directly to the district. The CONTRACTOR shall pay any reinspection fees. R. All hydrants shall comply with the aforementioned Specifications, and the inspection fee for each hydrant shall be paid prior to receiving the "Ownership and Maintenance Letter". S. A reinspection fee of $10.00 per hydrant shall be levied if any hydrant fails to comply with these Specifications upon first inspection. END OF SECTION 01003 - ENFCRD 6/1/03 SECTION 01003 120343 Page 2 of 2 16D2 0 SECTION 01027 APPLICATIONS FOR PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES r A. Procedures for preparation and submittal of Applications for Payment. 1.02 FORMAT A. As directed by the Terms and Conditions of this Bid. 1.03 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. B. Execute certification by signature of authorized officer. C. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of Work performed and for stored products. If CONTRACTOR submits for stored products, copies of invoices shall be submitted as backup. Sum of values listed shall equal Contract Price. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of Work- 1.04 SUBMITTAL PROCEDURES A. Submit six copies of each Application for Payment. Prior to submittal of first Application, an approved Schedule of Values .shall be obtained from ENGINEER. B. Submit an updated construction schedule with each Application for Payment. C. Payment Period: Submit at intervals stipulated in the Agreement. 1.05 SUBSTANTIATING DATA A. When ENGINEER requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART PRODUCTS Not Used 6!1103 120345 SECTION 01027 Page 1 of 2 PART 3 EXECUTION Not Used END OF SECTION 01027 16D2 . 6/1/03 SECTION 01027 120345 Page 2 of 2 16D2 16D2 . SECTION 01045 STRUCTURAL CUTTING AND PATCHING PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements and limitations for cutting and patching of Work. 1.02 SUBMITTALS B. Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of the Project. 2. Integrity of weather- exposed or moisture- resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight - exposed elements. 5. Work of OWNER or separate CONTRACTOR. C. Include in request: 1. Identification of Project. 2. Location and description of affected Work. 3. Necessity for cutting or alteration. 4. Description of proposed Work and products to be used. 5. Alternatives to cutting and patching. 6. Effect on Work of OWNER or separate CONTRACTOR. 7. Written permission of affected separate CONTRACTOR. 8. Date and time Work will be executed. PART -2 PRODUCTS 2.01 MATERIALS A. Primary Products: Those required for original installation. SECTION 01045 6/1103 Page 1 of 3 120350 16D2 0 B. Product Substitution: For any proposed change in materials, submit request for substitution. PART 3 EXECUTION 3.01 EXAMINATION A. Inspect existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching. B. After uncovering existing Work, inspect conditions affecting performance of Work. C. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of the Project from damage. B. Provide protection from elements for areas which may be exposed by _. uncovering Work. C. Maintain excavations free of water. 3.03 CUTTING AND PATCHING A. Execute cutting, fitting, and patching, including excavation and fill to complete Work B. Fit products together to integrate with other Work. C. Uncover Work to install ill -timed Work. D. Remove and replace defective or nonconforming Work. E. Remove samples of installed Work for testing when requested. F. Provide openings in the Work for penetration of mechanical and electrical Work 3.04 PERFORMANCE A. Execute Work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing. 611/03 SECTION 01045 120350 Page 2 of 3 16D2 . B. Employ original installer to perform cutting and patching for weather- exposed and moisture - resistant elements, and sight - exposed surfaces. C. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. D. Restore Work with new products in accordance with requirements of Contract Documents. E. Fit Work to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. F. At penetrations of fire -rated walls, partitions, ceiling, or floor construction, completely seal voids with fire- rated, fire - resistant material to full thickness of the penetrated element. G. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. END OF SECTION 01045 611/03 SECTION 01045 120350 Page 3 of 3 16D2 16D2 . SECTION 01050 SURVEYING (PROVIDED BY CONTRACTOR) PART1 GENERAL 1.01 SECTION INCLUDES A. Survey requirements for the Project. 1.02 QUALITY CONTROL A. Employ a Land Surveyor registered in the State of Florida and acceptable to ENGINEER and OWNER to perform survey functions in this Section. 1.03 SUBMITTALS A. Submit name, address, and telephone number of Surveyor before starting survey Work. B. On request, submit documentation verifying accuracy of survey Work. C. Submit a copy of registered site Drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with Contract Documents. 1.04 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey Work as it progresses. 1.05 EXAMINATION A. Verify locations of survey control points and reference points prior to starting Work. B. Promptly notify ENGINEER of any discrepancies discovered. 1.06 SURVEY REFERENCE POINTS A. CONTRACTOR shall locate and protect survey control and reference points. B. Control datum for survey is that indicated on the Drawings. C. Protect survey control points prior to starting site Work; preserve permanent reference points during construction. D. Promptly report to ENGINEER the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. SECTION 01050 611/03 Page 1 of 120353 16D2 0 E. The Registered Surveyor shall replace dislocated survey control points based on original survey control. Make no changes without prior written notice to ENGINEER. 1.07 SURVEY REQUIREMENTS A. Provide field engineering services. Utilize recognized engineering survey practices. B. Establish a minimum of two permanent benchmarks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C. Establish elevations, lines, and levels. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements, stakes for grading, fill and topsoil placement, utility locations, slopes, and invert elevations. 2. Grid or a)as for structures. 3. Building foundation, column locations, ground floor elevations. w D. Periodically verify layouts by same means. 1.08 SURVEYS FOR MEASUREMENT AND PAYMENT A. Perform surveys to determine quantities of Unit Cost Work, including control surveys to establish measurement reference lines. Notify ENGINEER prior to starting Work B. CONTRACTOR's Surveyor shall sign field notes or keep duplicate field notes. PART PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01050 6/1/03 SECTION 01050 120353 Page 2 of 2 16D2'." SECTION 01090 REFERENCE STANDARDS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Application of Reference Standards. B. Provision of Reference Standards at site. C. Acronyms used in Contract documents for Reference Standards. 1.02 QUALITY ASSURANCE A. 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. B. The date of the standard is that in effect as of the date of Owner- Contractor Agreement except when a specified date is specified. 1.03 SCHEDULE OF REFERENCES AASHTO - American Association of State Highway and Transportation Officials ACI - American Concrete Institute AGC - Associated General Contractors of America ANSI - American National Standards Institute ASTM - American Society for Testing and Materials AWWA - American Water Works Association EJCDC - Engineers' Joint Contract Documents Committee EPA - Environmental Protection Agency FDER - Florida Department of Environmental Regulation FDOT - Florida Department of Transportation UL - Underwriters' Laboratories, Inc. FDOT -SPEC - Florida Department of Transportation Standard Specifications for Road and Bridge Construction 8/1/04 Section 01090 133121 Page 1 of 2 16D2 WM - WilsonMiller, Inc. MUTCD - Manual on Uniform Traffic Control Devices 8/1/04 Section 01090 133121 Page 2 of 2 16D2 . SECTION 01300 SHOP DRAWINGS PART1 GENERAL 1.01 SECTION INCLUDES A. Shop Drawing submittal procedures. 1.02 PROCEDURES A. Deliver six copies of Submittals to ENGINEER at address listed on cover sheet of Specifications. B. Transmit each item under ENGINEER Accepted Form. Identify Project, CONTRACTOR, Subcontractor, and major supplier. Identify pertinent Drawing Sheet and Specification Section number as appropriate. Identify deviations from Contract Documents. Approve all Submittals prior to forwarding to ENGINEER by stamping and signing approval stamp. Provide space for CONTRACTOR and ENGINEER review stamps. C. After ENGINEER review of Submittal, revise and resubmit as required, identifying changes made since previous Submittal. D. Distribute copies of reviewed Submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. E. Prior to any Submittals, a Schedule of Shop Drawings must be submitted and approved by ENGINEER. PART PRODUCTS 2.01 SHOP DRAWING SUBMITTAL A. All wastewater pump station equipment B. Fire hydrants C. Submersible sewage pumps D. Typical manhole if different than detail on Plans E. Manhole connection devices for sanitary sewers and forcemains F. Pipe transition fittings if required by ENGINEER. G. Other items required by the Drawings and /or Specifications. H. Drainage structures. I. Control structure 6/1/03 SECTION 01300 120356 Pagel of 2 PART 3 EXECUTION Not Used END OF SECTION 01300 16D2 6/1/03 SECTION 01300 120356 Page 2 of 2 16D2 . SECTION 01310 PROGRESS SCHEDULES PART1 GENERAL 1.01 SECTION INCLUDES A. Scheduling requirements, including Submittal and Revision Procedures. 1.02 FORMAT A. Unless otherwise specified, the CONTRACTOR shall submit a schedule of activities in either of the forms listed below: 1. A horizontal bar chart (minimum sheet size 24 inches x 36 inches) with separate bar for each major Work item. The time sequence shall be designated horizontally at the top of the chart in months and years. The position of each activity bar shall indicate the work period from beginning to the end of each activity work period. 2. A logic diagram or CPM of all activities showing description, duration, early and late start/finish dates, predecessors, successors, and float time. 1.03 CONTENT A. The list of activities shall represent the complete scope of the Project and shall be subject to approval by the OWNER'S Representative. B. Show complete sequence of construction by activity, with dates for beginning and completion of each activity listed. 1.04 REVISIONS TO SCHEDULES - A. Indicate progress of each activity to date of Submittal and projected completion date of each activity. B. Show accumulated percentage of completion of each activity, and total percentage of Work completed as of the Application for Payment date. C. Identify activities modified since previous Submittal, major changes in scope, and other identifiable changes. D. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 8/1/04 Section 01310 120362 Page 1 of 2 16D2 0 1.05 SUBMITTALS A. Submit preliminary outline schedules within 15 days after date of OWNER - CONTRACTOR Agreement for coordination with OWNER'S requirements. After review, submit detailed schedules within 15 days, modified to accommodate revisions recommended by ENGINEER. B. Submit revised progress schedules with each Application for Payment. 1.06 SUBMITTAL A. Submit six copies of schedules to ENGINEER. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 BASIS OF PAYMENT A. The cost of the Work specified in this Section shall be included in all the various pay items or Work items described in the schedule, and no separate payment will be made unless a separate pay item is established in the Contract Documents. END OF SECTION 01310 6/1/03 SECTION 01310 120362 Page 2 oft 16D2 SECTION 01410 TESTING SERVICES PART1 GENERAL 1.01 SECTION INCLUDES A. Responsibilities of the CONTRACTOR, OWNER, and Testing Laboratory regarding specified tests. B. Report Specifications. 1.02 SECTION AND PAYMENT A. Unless otherwise stated in the Contract Documents, the OWNER will select and pay for the services of an independent testing laboratory to perform tests required by the Technical Specifications. B. Cost of retests due to failures shall be paid for by the CONTRACTOR in the form of a deduction from the Contract amount. C. Utilization of a testing laboratory shall in no way relieve the CONTRACTOR of any obligation to perform Work in accordance with the requirements of the Contract Documents. 1.03 SCHEDULING TESTS A. The OWNER will furnish the name of the testing laboratory to the CONTRACTOR at the Preconstruction Conference. B. The CONTRACTOR shall be responsible for scheduling each test by notifying the designated laboratory 24 hours prior to the time the test is to be taken. C. The specific requirements including the type and amount of testing shall be in accordance with the Technical Specifications or as otherwise stated in the Contract Documents. D. Ample time shall be allowed for the testing process by the CONTRACTOR, since an extension of time will not be allowed for testing delays or retests due to failures. 1.04 QUALITY ASSURANCE A. All tests shall be performed by qualified personnel under the direction and control of a Professional ENGINEER registered in the State of Florida and specializing in geotechnical or material analysis as applicable. 6/1!03 SECTION 01410 120402 Page 1 of 3 16D2 . B. In addition to the tests required by the Contract Documents, the OWNER'S Representative may direct the testing laboratory to take any other tests or material inspections that he feels necessary to achieve the quality of construction that is specified in the Contract Documents. 1.05 LABORATORY RESPONSIBILITIES A. Perform inspection, sampling, and testing in accordance with the Contract Documents. B. Provide qualified personnel to perform all phases of required services and cooperate with OWNER'S Representative and CONTRACTOR in the performance of those services. C. Ascertain compliance of materials and related procedures with requirements of the Contract Documents. D. Promptly notify the CONTRACTOR and the OWNER'S Representative of any irregularities or nonconformance of Work, materials, or product. E. Perform additional inspections or tests requested by the OWNER'S Representative. F. Attend preconstruction conferences and progress meetings. 1.06 LABORATORY REPORTS A. After each inspection or test, promptly submit a laboratory report to the OWNER, the OWNER'S Representative, and the CONTRACTOR. B. The report shall include the following: 1. Date of report. 2. Project title and number. 3. Date, time, and location of each sample extraction or inspection. 4. Identification of material and method of test. 5. Results of tests. 6. Evaluation of conformance to Contract Specifications. 7. Notification of retest requirement due to test failure. 1.07 LIMITS ON TESTING LABORATORY AUTHORITY 6/1103 SECTION 01410 120402 Page 2 of 3 16D2 A. Laboratory may not release, revoke, or alter the requirements of the Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of the CONTRACTOR. D. Laboratory has no authority to stop the Work. 1.08 CONTRACTOR RESPONSIBILITIES A. Submit proposed mix designs and samples of proposed materials to the designated laboratory as required by the Contract Documents or as requested by the OWNER'S Representative. B. Provide access to the site for any tests or inspections. C. Provide labor and facilities to obtain, handle, store, and cure test samples and to facilitate material inspection. D. Cooperate with laboratory personnel to maximize the efficiency of the testing procedure by periodically updating the construction schedule and adhering to the 24 hour advance notice requirement for tests. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.01 BASIS OF PAYMENT A. In accordance with Article 1.02 SELECTION AND PAYMENT this Section. END OF SECTION 01410 6/1/03 SECTION 01410 120402 Page 3 of 3 16D2 0 SECTION 01510 TEMPORARY UTILITIES AND CONTROLS PART1 GENERAL 1.01 REQUIREMENTS A. Furnish, install, maintain, and remove temporary utilities required for construction. See other Sections for additional utilities coordination. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with federal, state, and local codes and regulations and with utility company requirements. C. Comply with county health department regulations. PART 2 PRODUCTS 2.01 MATERIALS, GENERAL A. Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. Arrange with utility company and OWNER to provide service required for power and lighting, and pay all costs for service and for power used in the construction, testing, and trial operation prior to final acceptance of the Work by the OWNER as stipulated by the ENGINEER= B. Install circuit and branch wiring with area distribution boxes located so that power and lighting are available throughout the construction by the use of construction type power cords. C. Provide adequate artificial lighting for all areas of Work when natural light is not adequate for Work, and for areas accessible to the public. 2.03 TEMPORARY HEAT AND VENTILATION A. Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials, and to protect materials and finishes from damage due to temperature or humidity. 611/03 SECTION 01510 120405 Page 1 of 3 16D2 . B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. C. Portable heaters shall be standard approved units complete with controls. D. Pay all costs of installation, maintenance, operation and removal, and for fuel consumed. E. Provide connections to existing facilities, extend and supplement with temporary units as required to comply with requirements. Pay all costs of installation, maintenance, operation, and removal. 2.04 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone service company. B. Pay all costs for installation, maintenance and removal, and service charges. 2.05 TEMPORARY WATER A. Provide and pay for all required water for construction and consumptive purposes. B. CONTRACTOR may utilize existing on -site water supply system for water needed for construction purposes. However, all water used shall be coordinated with the utility company. 2.06 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities in compliance with laws and regulations. B. Service, clean, and maintain facilities and enclosures. 2.07 EROSION AND PROPERTY CONTROL A. Flow of drains and sewers maintained: Adequate provisions shall be made for the flow of sewers, drains, and water courses encountered during construction, and the lines and structures which may have been disturbed shall be immediately restored to their original condition at the expense of the CONTRACTOR. B. Property Protection: Trees, grass, fences, signboards, poles and all other property shall be protected unless their removal is authorized; and any property damage shall be satisfactorily restored by the CONTRACTOR and at the expense of the CONTRACTOR. C. Provide all means necessary for prevention, control and abatement of erosion, siltation, and water pollution resulting from construction until final 6/1/03 SECTION 01510 120405 Page 2 of 3 16D2 acceptance by OWNER. Provide for mulching, sodding, sandbagging, berms, slope drains, sedimentation structures, or other devices necessary to meet County, State and Federal regulation. 2.08 CLEANING DURING CONSTRUCTION ` A. Control accumulation of waste materials and rubbish; periodically dispose of off -site. B. Clean interior areas prior to start of finish Work, maintain areas free of dust and other contaminants during finishing operations. 2.09 CHEMICALS, HAZARDOUS WASTES, AND PETROLEUM PRODUCTS A. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions or government regulations as applicable. The CONTRACTOR shall legally dispose of and clean the project site of all chemicals, hazardous wastes, and petroleum products placed or used on the site by the CONTRACTOR. PART 3 EXECUTION 3.01 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required as determined by the ENGINEER. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. END OF SECTION 01510 611103 SECTION 01510 120405 Page 3 of 3 16D2 0 SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Substitutions. F. Systems Demonstration. 1.02 PRODUCTS A. Only new materials and equipment shall be incorporated in the Work. All material and equipment furnished by CONTRACTOR shall be subject to inspection and approved by ENGINEER. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification Section shall be the same, and shall be interchangeable. 1.03 TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 1.04 STORAGE AND PROTECTION A. Store products in accordance with manufacturers 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. SECTION 01600 6/1103 Page 1 of 3 120406 16D2 . B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with weather -tight enclosure as recommended by manufacturer. Provide ventilation to avoid condensation. C. Store loose granular materials on solid surfaces in a well- drained area. Prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required - conditions. E. Materials which, in the opinion of the ENGINEER, have, become so damaged as to be unfit for the use intended or specified, shall be removed from the site of the Work. CONTRACTOR shall receive no compensation for the damaged material or its removal. 1.05 PRODUCT OPTIONS A. Products specified by reference standards or by description only: Any product meeting those standards. 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. 1.06 SUBSTITUTIONS A. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. B. Request constitutes a representation that CONTRACTOR: 1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. C. 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. 6/1/03 SECTION 01600 120406 Page 2 of 3 16D2 . D. ENGINEER will determine acceptability of proposed substitution and will notify CONTRACTOR of acceptance or rejection in writing within a reasonable time. 1.07 SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate operation of each system to ENGINEER and OWNER. B. Instruct OWNER'S personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction. END OF SECTION 01600 611/03 SECTION 01600 120406 Page 3 of 3 16D2 . SECTION 01675 PRECONSTRUCTION VIDEO RECORD PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements for preconstruction color audio video tape. 1.02 SCOPE A. Prior to commencing Work, take a continuous color audio video tape recording along entire length of project to serve as a record of preconstruction conditions. 1.03 APROVAL A. NO CONSTRUCTION SHALL BEGIN prior to review and approval of tapes covering construction area by ENGINEER. ENGINEER shall have authority to reject all or any portion of a video tape not conforming to Specifications and order that it be redone at no additional charge. CONTRACTOR shall reschedule unacceptable coverage within five days after being notified. 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 90 days prior to construction in any area. All tapes and written records shall become property of the OWNER. Prior to taping, there will be a pretaping meeting between ENGINEER, CONTRACTOR and electrographer. 1.04 PROFESSIONAL ELECTROGRAPHERS A. Engage the services of a professional electrographer. Color audio video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio video tape documentation. Information to be furnished by electrographer is names and addresses of two references that electrographer has performed color audio video taping for projects of a similar nature within the last 12 months. PART PRODUCTS 2.01 AUDIO VIDEO TAPES A. Audio video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be high grade, one -half inch, high energy, extended still frame capable, a VHS, color video cassette for a color video cassette recorder. 6/1/03 SECTION 01675 120408 Page 1 of 3 16D2 . PART 3 EXECUTION 3.01 EQUIPMENT A. Furnish all equipment, accessories, materials, and labor to perform this service. 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. When conventional wheeled vehicles are used, distance from the camera lens to the ground shall not be more than 12 feet. In some instances, audio video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the ENGINEER. C. Color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal to noise ration of 45 dB and a minimum illumination requirement of 25 foot - candles. 3.02 RECORDED INFORMATION -AUDIO A. Each tape shall begin with current date, project name and OWNER and followed by general location, i.e., name of street, house address, 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 A. 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, house address, direction of travel, and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. 3.04 LIGHTING A. Perform all taping during times of good visibility. 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. 6/1/03 SECTION 01675 120408 Page 2 of 3 16D2 . 3.05 SPEED OF TRAVEL A. Rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 75 feet per minute. Planning, zoom -in and zoom -out rates shall be sufficiently controlled to maintain a clear view of the object. 3.06 AREA OF COVERAGE A. Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs, and headwalls within the area covered. 3.07 METHOD OF MEASUREMENT A. The quantity of preconstruction video record to be paid under this Section shall be by the Lump Sum as provided in the Contract Documents. 3.08 BASIS OF PAYMENT A. The Lump Sum Contract Price for preconstruction video record shall be full - compensation for all labor, equipment, materials, or other incidental Work required to complete the Work in this Section. Unless otherwise specified, the Work specified in this Section will only be required when a separate pay item is established in the Contract Documents. END OF SECTION 01675 611103 SECTION 01675 120408 Page 3 of 3 16D2 SECTION 01700 CONTRACT CLOSE -OUT PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements and procedures for Contract close -out. 1.02 CLOSE -OUT 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. When ENGINEER finds the Work is acceptable for final acceptance, close- out documents shall be submitted. 1.03 FINAL CLEANING A. Execute prior to final inspections. B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains, and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. Clean equipment and fixtures to a sanitary condition. Clean or replace filters of mechanical equipment. Clean roofs, gutters, downspouts, and drainage systems. C. Clean site, sweep paved areas, rake clean other surfaces. D. Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site. 611103 Section 01700 120414 Page 1 of 2 16D2 . 1.04 PROJECT RECORD DOCUMENTS A. Store documents separate from those used for construction. B. Keep documents current; do not permanently conceal any Work until required information has been recorded. C. At Contract close -out, submit documents with transmittal letter containing date, Project title, CONTRACTOR'S name and address, list of documents, and signature of CONTRACTOR. 1.05 WARRANTIES AND BONDS A. Provide duplicate, notarized copies. Execute CONTRACTOR'S submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For equipment put into use with OWNER'S permission during construction, submit within 30 days after first operation. For items of Work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.06 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, and maintenance materials in quantities specified in each Section, in addition to that used for construction of Work. Deliver to OWNER and obtain receipt prior to final payment. 1.07 EVIDENCE OF PAYMENT AND RELEASE OF LIENS A. Submit complete and legally effective releases or waivers of all liens filed in connection with the Work in compliance with Contract Documents. 1.08 FINAL APPLICATION FOR PAYMENT A. Submit final application for payment in accordance with procedures and requirements stated in the Contract conditions. END OF SECTION 01700 6/1/03 Section 01700 120414 Page 2 of 2 16D2 SECTION 01730 OPERATION AND MAINTENANCE DATA PART1 GENERAL 1.01 SECTION INCLUDES A. Format and content of manuals. B. Instruction of OWNER'S personnel. C. Schedule of submittals. 1.02 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.03 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: Commercial quality, 8% x 11 inch three -ring binders with hardback, cleanable, plastic covers. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of Project, identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of this Project Manual. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold large drawings to size of text pages. 1.04 CONTENTS, EACH VOLUME A. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of ENGINEER, subconsultants, and CONTRACTOR with name of responsible parties; schedule of products, and systems, indexed to content of the volume. 6/1/03 SECTION 01730 120416 Page 1 of 4 16D2 ". B. For each Product or System: List names, addresses, and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawing: Supplement product data to illustrate relations of component parts of equipment and systems and to show control and flow diagrams. 1.05 MANUAL FOR MATERIALS AND FINISHES A. Building Products, Applied Materials, and Finishes: Include product data, with catalog number, size, composition, and color and texture designations. Provide information for reordering custom manufactured products. B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture Protection and Weather- Exposed Products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional Requirements: As specified in individual product specification Sections. 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications. C. Include color -coded wiring diagrams as installed. D. Operating Procedures: Include start -up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut down, and emergency instructions. Include summer, winter, and any special operating instructions. 6/1/03 SECTION 01730 120416 Page 2 of 4 16D2 . E. Maintenance Requirements: Include routine procedures and guide for troubleshooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule and list of lubricants required. T G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide CONTRACTOR'S coordination Drawings, with color -coded piping diagrams as installed. L. Provide charts of valve tag numbers with location and function of each valve keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. 1.07 INSTRUCTION OF OWNER PERSONNEL A. Before final inspection, instruct OWNER'S designated personnel in operation, adjustment, and maintenance of products, equipment, and systems. A minimum of two man days shall be provided. B. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. C. Prepare and insert additional data in operation and maintenance manual when need for such data becomes apparent during instruction. 1.08 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. ENGINEER will review draft and return one copy with comments. B. For equipment or component parts of equipment put into service during construction and operated by OWNER, submit documents within ten days after acceptance. C. Submit three copies of revised volumes of data in final form within ten days after final inspection. 6!1/03 SECTION 01730 120416 Page 3 of 4 PART PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01730 16D2 . 6/1/03 SECTION 01730 120416 Page 4 of 4 16D2 16D2 . SECTION 02703 (CCUD) TRENCHING AND BACKFILLING (Collier County Utility Division) PART1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of the excavation, bedding, and backfilling of trenches for watermain, storm sewer, sanitary sewer, forcemain, irrigation lines, and utility lines. Also included is the excavation and backfilling of pertinent structures, such as manholes, inlets, pump stations, etc. 1.02 REFERENCES A. Referenced Standards or Specifications such as ASTM, AASHTO, or AWWA, shall be the latest edition. B. WilsonMiller Specifications Sections: ROCK EXCAVATION CLEARING AND GRUBBING C. Figure A (Page 8 of 8) 1.03 SUPPLEMENTAL REQUIREMENTS A. The requirements in this Section are the minimum for this Project. Any additional requirements stated in the Contract Documents or otherwise specified by the manufacturer or any governmental agency in a permit, code, or ordinance shall take precedence over the requirements of this Section. 1.04 SUBSURFACE CONDITIONS A. The CONTRACTOR shall be responsible for determining the subsurface conditions in areas where excavation can be anticipated. The type of soil, depth and thickness of rock, ground water table, and other factors that affect cost shall be evaluated prior to submitting a bid. B. The method used to determine subsurface conditions shall be the responsibility of the CONTRACTOR. Soil borings (if provided) only supply information in the exact location of each boring; therefore, on -site exploration of the subsurface is the CONTRACTOR'S responsibility. All on -site exploration shall be scheduled with the OWNER and coordinated with jurisdictional agencies and utility companies. 611103 SECTION 02703 (CCUD) 119480 Page 1 of 9 16D2 . 1.05 PROTECTION A. All excavated areas or trenches shall be backfilled immediately after Work is completed. Where a hole or trench is left open at the end of a production day or because of some other construction requirement, the entire perimeter of the open hole or trench shall be protected from the workers and the general public by barricades, fence, signs, lights, or other devices required by the Contract Documents and /or local agency installation codes. B. Pavement, sidewalk, driveway, curb and gutter, and other structures shall be protected from damage during excavation wherever possible and as directed in the Contract Documents. PART PRODUCTS 2.01 BEDDING MATERIALS A. Crushed Stone Bedding Material: Crushed, washed, and graded in accordance with ASTM C -33, Gradation 67. B. Sand Bedding: Clean sand, free of clay, silt, debris, roots, vegetation, or rock larger than one -half inch in diameter. _._. 2.02 BACKFILLING MATERIALS A. Select Fill: Materials excavated from the limits of construction or imported that conform to AASHTO Standard M -145, Groups A -1 and A -3 and free of rocks or gravel larger than one -half inch in diameter. B. Common Fill: Material that conforms to AASHTO Standard M -145, Groups A -1, A -2, or A -3, free of rocks or gravel larger than six inches. PART 3 EXECUTION AND ADDITIONAL COLLIER COUNTY UTILITY DIVISION REQUIREMENTS 3.01 PREPARATION A. Investigate existing conditions and identify line and grade stakes as applicable. Arrange for placement of materials required to minimize the duration of open trenches or excavated areas. B. Install well points or other approved methods of dewatering as required so that the discharged water complies with all pertinent ordinances, codes, permits, or requirements of the Contract Documents. C. Implement traffic control and protective devices as may be applicable. 6/1/03 SECTION 02703 (CCUD) 119480 Page 2 of 9 16D2 . D. For pipelines placed above the natural ground, embankment shall be placed and compacted to an elevation of at least two feet above the top of the pipe and to a width equal to four pipe diameters prior to trench excavation. The minimum side slopes shall be six feet (horizontal) to one foot (vertical). 3.02 CLEARING AND GRUBBING A. Prior to trench excavation, the existing surface that will be disturbed by the excavation operation shall be cleared and grubbed in accordance with WilsonMiller Specification Section 02817 CLEARING AND GRUBBING. B. The limits of clearing and grubbing for this Section shall be as shown on the Plans or as otherwise specified in the Contract Documents. Where the clearing limits are not shown or stated, the limits of clearing and grubbing shall be the smallest area that will facilitate the construction of Work specified. 3.03 TRENCH WIDTH A. Trenches for pipe construction shall be excavated to a width that will provide enough working space next to the pipe and facilitate proper compaction of backfill material around the haunches of the pipe. All such trench excavation shall comply with the manufacturer's recommendations for the type of pipe used. B. Excavation for structures such as manholes, inlets, pump stations, etc, shall be large enough to provide adequate working room. A minimum distance of two feet shall be provided between the outside edge of the structures and the side or wall of the excavation to allow for proper backfilling and compaction. 3.04 EXCAVATION A. All trenches shall be excavated by open cut unless otherwise indicated in the Contract Documents. B. The length of the open cut trench that is excavated ahead of the pipe laying operation shall not exceed one -half of the normal daily production length. The excavation and pipe laying operation shall be coordinated so that all pipe laid in one day is fully backfilled except for the last length of pipe in an unfinished run between structures. 3.05 ROCK EXCAVATION A. Where rock is encountered during the performance of Work specified in this Section, the rock shall be excavated in accordance with WilsonMiller Specifications Section 02715 ROCK EXCAVATION. 3.06 UNSUITABLE MATERIALS 6/1/03 SECTION 02703 (CCUD) 119480 Page 3 of 9 16D2 . A. Where materials unsuitable for backfilling are encountered during trench excavation, these materials shall be separated from the suitable materials and disposed of off -site or utilized on -site in embankment areas as authorized by the OWNER'S Representative. 3.07 REPLACEMENT MATERIAL A. Where unsuitable material including rock larger than six inches is excavated and hauled off site, replacement material shall be acquired from on -site excavation as provided by the Contract Documents or as authorized by the OWNER. Where replacement material is not available from the site, the CONTRACTOR shall fumish fill material from an off -site borrow source. The OWNER'S Representative may use only materials that conform to Article 2.02 of this Section for backfilling operations unless otherwise specified in the Contract Documents or authorized in writing. 3.08 PREPARATION OF TRENCH BOTTOM A. Where rock is encountered at the bottom of the trench, the trench shall be undercut to a depth of at least six inches below the bottom of the pipe to allow for a bedding cushion above the rock. B. Where muck, roots, or other organic materials are encountered at the bottom of the trench, the trench shall be undercut to remove the unsuitable material to the satisfaction of the OWNER'S Representative. C. The CONTRACTOR shall dewater the excavation operation as required to provide a dry trench bottom. 3.09 BEDDING A. Where the exposed material at the bottom _ of the trench meets the requirements of Article 2.01 of this Section, the existing material may be used as bedding, provided it is compacted. B. Where the bottom of the trench has been undercut to remove rock or unsuitable material, the bottom shall be brought up to grade by placing and compacting bedding materials conforming to the requirements of Article 2.01 of this Section. C. In exceptionally wet conditions, the CONTRACTOR may request permission from the OWNER'S Representative to lay the pipe in water. If that request is authorized, the CONTRACTOR shall undercut the existing bottom a minimum of six inches and replace with crushed stone bedding material conforming to Article 2.01A of this Section. This bedding material shall be tamped and consolidated to provide a solid and unyielding base for the pipe. During this operation the CONTRACTOR shall continue the dewatering 611/03 SECTION 02703 (CCUD) 119480 Page 4 of 9 16D2 . process to facilitate adequate installation of the pipe or structure and to permit observation of the process by the OWNER'S Representative. The additional undercut excavation, crushed stone bedding, and other associated costs shall be at the CONTRACTOR'S expense and no extra compensation will be allowed. 3.10 BACKFILLING A. Backfilling of pipe trenches shall be done in three stages as follows: First Stage: Material above the bedding and beneath the haunches compacted in six -inch layers. 2. Second Stage: Material along the sides of the pipe up to at least one foot above the top of the pipe compacted in six -inch layers. 3. Third Stage: Material above the second stage up to the bottom of the subgrade or the finished surface as applicable compacted in 12- inch layers. B. Backfilling of structures shall be done in 12 -inch compacted layers up to the top of the completed or partially completed structure. C. Materials used for backfilling shall comply with the requirements of Article 2.02 of this Section or as otherwise authorized in writing by the OWNER'S Representative. For backfilling of pipe, "Select Fill" shall be used for the First and Second Stages. "Common Fir shall be used for the Third Stage of pipe backfill and for backfilling structures. 3.11 COMPACTION A. The compaction requirements for backfilling pipe trenches and around structures are listed below under the following two categories. Under Pavement: In a cross - section view this is the area under the pavement and within a 2:1 slope downward from the outside edge of the shoulder or back of curb as applicable. 6/1/03 SECTION 02703 (CCUD) 119480 Page 5 of 9 16D2 . 2. Not Under Pavement: Any area outside the 2:1 slope referred to above. Under Not Under Pavement Pavement Bedding 90% 90% First Stage 90% 90% Second Stage 98% Equal to 90% adjacent soil Third Stage 98% Equal to 90% adjacent soil The above are the minimum percentages of the maximum density determined by the "Modified Proctor Density" (ASTM D1557). B. The CONTRACTOR shall add water or dry out the material used for backfilling until the moisture content is within two percent of the optimum moisture required to achieve the maximum compaction. C. A density test shall be taken for each 300 -foot section of trench or part thereof for each layer. Each layer shall pass the compaction requirements before the next layer is placed, unless otherwise authorized by the OWNER'S Representative in writing. D. A density test shall be taken for every other layer for each structure. Each test shall pass the minimum compaction requirements before the next layer is placed unless otherwise authorized by the OWNER'S Representative in writing. 3.12 SPECIAL COLLIER COUNTY UTILITY SYSTEM REQUIREMENTS A. Improvements being constructed in areas under jurisdiction of the Collier County Utility Division shall be constructed in accordance with the technical requirements of Collier County Ordinance Number 97 -17 and the Collier County Utility Standards (CCUS). The Specifications in Subsection 3.12 are in addition to those contained elsewhere in this Section 02703 (CCUD). Trenching and Backfilling (Collier County Utility Division). B. Gravity sewer installations shall use Class A bedding per Detail S -2 of the CCUS. C. Bedding Classes A, B, or C, as described in ASTM C- 12 -74, ANSI (ANSI A106.3), or WPCF MOP 9 (ASCE MOP 37) shall be used for all rigid pipe provided the proper strength pipe is used with the specified bedding to support the design bad. 6/1103 SECTION 02703 (CCUD) 119480 Page 6 of 9 16D2 . D. Bedding Classes I, II, or III as described in ASTM D2321 (ANSI K- 65.171) shall be used for all flexible pipe provided the proper strength pipe is used with the specified bedding to support the design bad. E. Backfill shall be of a suitable material removed from excavation, except where other material is specified. Backfill material shall consist of earth, loam, sandy clay, sand, gravel, crushed limestone, or other approved material free from debris, large clods or stones, organic material, or other materials, which may be unsuitable. Backfill shall be placed in such a manner as not to disturb the alignment of the pipe as specified by the pipe manufacturer or AWWA, depending on the type of pipe and joints utilized. Backfill shall be deposited in six -inch layers and carefully hand tamped to a depth of 12 inches over the top of the pipe. The remainder of the backfill shall be deposited in 12 -inch layers and thoroughly tamped when riot under roads, drives, or parking areas. Settling the backfill with water will be permitted. See Detail S -2 in Appendix C of CCUS for typical bedding and backfill standards. Trenching within or across existing or proposed roadways shall be backfilled in 8 -inch layers and compacted to their full depth. Compaction shall be 98 percent modified density in conformance with the latest revision of the Florida D.O.T. Standard Specifications for Road and Bridge Construction and the requirements of the County Public Works Division. The bottom of the trench shall be shaped and hand compacted to provide a firm bedding for the utility pipe barrel and bell end. The pipe shall be firmly bedded in undisturbed firm soil, or hand- shaped unyielding material such as coarse sand, crushed rock passing a'h inch sieve, or crushed shell. The bedding shall be shaped so that the pipe will be in continuous contact therewith for its full length and shall provide a minimum bottom segment support for the pipe equal to a height of Y4 the nominal diameter of the pipe above invert. Bedding shall be hand compacted prior to backfilling. Unsuitable Soil Conditions: Soil unsuitable for a proper pipe foundation encountered at or below trench grade, such as muck or other deleterious material, shall be removed for the full width of the trench and to the depth required to reach suitable foundation material, unless special design considerations receive prior approval from Collier County. Extra Bedding Material: When rock or other non- cushioning material is encountered at trench grade, excavation shall be extended to six inches below the outside of the bottom of the pipe, and a cushion of sand or suitable crushed rock shall be provided. F. Dewatering: All piping shall be laid in a dry trench excavation, unless otherwise approved by Collier County. Dewatering systems shall lower the groundwater level in advance of the excavation to keep the trench bottom and sides firm and dry. The sewer system under construction shall not be used as a conduit to remove groundwater from the pipe trench. Water pumped or drained from the Work shall be handled in accordance with current South Florida Water Management District and Collier County 611/03 SECTION 02703 (CCUD) 119480 Page 7 of 9 16D2 0 Department of Stormwater Management rules, regulations, procedures, and at a minimum in a suitable manner without damage to adjacent property, to Work under construction, or to street pavements, parks, or private property. Water shall not be discharged onto streets without adequate protection of the surface at the point of discharge. No water shall be discharged into a wastewater system. No water containing settlable solids shall be discharged into storm sewers. The CONTRACTOR, at his expense, shall promptly repair any and all damage caused by dewatering. All permits required for dewatering operations shall be obtained by the CONTRACTOR and a copy filed with Collier County. 3.13 BASIS OF PAYMENT A. There shall be no separate payment for any Work defined in this Section except as otherwise specified in the Contract Documents. B. The cost of rock excavation, including blasting, shall be included in the Contract Unit Price for pipe or structures unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specifications Section 02715 ROCK EXCAVATION. -- 6/1/03 SECTION 02703 (CCUD) 119480 Page 8 of 9 1.0' SPRINGLINE PIPE ZONE 6/1/03 119480 16D2 III- L. _EXCAVATED TRENCH WIDTH II =� III III I�I I I � THIRD STAGE i f j 1 1 PIPE WIDTH !III SECONDSTAGE PIPE i i IJ` FIRST STAGE f. I I BEDDING FIGURE A N.T.S. END SECTION 02703 SECTION 02703 (CCUD) Page 9 of 9 16D2 0 SECTION 02704 MAINTENANCE OF TRAFFIC PART[ GENERAL 1.01 SCOPE A. Work specified in this Section consists of maintaining traffic within limits the Project for the duration of the construction period, including any temporary suspensions of the Work. It shall include construction and maintenance of any detour facilities, providing of necessary facilities for access to residences, businesses, etc., along the project, furnishing, installing, and maintaining of traffic control and safety devices during construction, control of dust, and any other special requirements for safe and expeditious movement of traffic as may be called for on the Plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices, and operations as required for the safety and convenience of the public, as well as for minimizing public nuisance; all as specified in this Section. B. Sections Not Requiring Traffic Maintenance: In general, CONTRACTOR will not be required to maintain traffic over those portions of the Project where no Work is to be accomplished, or where construction operations will not _.. affect existing roads. CONTRACTOR, however, shall not obstruct nor create a hazard to any traffic during construction, and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. C. Beginning Date of CONTRACTOR'S Responsibility: The CONTRACTOR'S responsibility for maintenance of traffic shall begin on the day he starts Work on the Project or on the first day Contract time is charged, whichever is earlier. 1.02 SPECIFICATIONS AND STANDARDS A. The Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD), Part A is the minimum standard for traffic control for highway construction maintenance and utility operations. It sets forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance, and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workers from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions; and additional traffic control devices, warning devices, barriers or other safety devices will be required where unusual, complex, or particularly hazardous conditions exist. SECTION 02704 611103 Page 1 of 9 119713 16D2 ". B. In addition to the MUTCD stated above, more specific criteria are established in the latest edition of the Florida Department of Transportation booklet "Roadway and Traffic Design Standards ". The 600 series of indexes under "Traffic Control Through Work Zones" in this booklet shall govern all traffic control plans "Traffic Control Plans" or safety procedures for this Project. C. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ". PART PRODUCTS 2.01 MATERIALS A. Traffic Control devices shall meet the requirements of Sections 971, 993, 994, 995, and 996 of the "FDOT Standard Specifications for Road and Bridge Construction ", latest edition. PART 3 EXECUTION 3.01 REQUIREMENTS A. Maintenance of Roadway Surfaces: All lanes used for maintenance of traffic, including those on detours and temporary facilities, shall be adequately maintained with a substantial surface under all weather conditions. Lanes shall be kept reasonably free of dust and, when necessary to accomplish this, sprinkled with water or other approved dust palliative applied. Lanes on which traffic is to be maintained shall be constructed of materials compatible to local conditions and provided with drainage facilities necessary to maintain an adequately substantial, relatively smooth riding surface under all weather conditions. B. Number of Traffic Lanes: Except as otherwise specified in the Contract Documents, the CONTRACTOR shall maintain one lane of traffic in each direction. Two lanes of traffic in each direction shall be maintained at existing four (or more) lane crossroads where necessary to avoid undue traffic congestion. Unless otherwise specified, the width of each lane used for maintenance of traffic shall be at least as wide as the traffic lanes existing in the area prior to commencement of construction. Traffic control and warning devices shall not encroach on lanes used for maintenance of traffic. The CONTRACTOR may be allowed to restrict traffic to one -way operation for short periods of time provided that adequate means of traffic control are affected and traffic is not unreasonably delayed. When a construction activity requires restricting traffic to one - travel way, the CONTRACTOR shall provide two flag persons for each restricted location and for the entire 6/1/03 SECTION 02704 119713 Page 2 of 9 16D2 . duration of the restriction. The flag persons should have visual contact with each other. When visual contact is not possible, the CONTRACTOR shall equip flaggers with two -way radios, use flag- carrying, official or pilot vehicle(s), or use traffic signals. C. Crossings and Intersections: Adequate accommodations for intersecting and crossing traffic shall be provided and maintained and, except where specified permission is given, no road or street crossing the Project shall be blocked or unduly restricted. D. Access for Property Owners: The CONTRACTOR shall not isolate property owners from their property. Access shall be provided to all properties whenever construction interferes with the existing means of access. The materials used to provide and maintain these accesses shall be limerock, shell or other approved base material. This material may be purchased from a commercial source or acquired from on -site excavation, such as an existing roadbed that is to be removed, provided the use of such existing materials is approved by the OWNER'S Representative in advance of its use. E. Protection of the Work from Damage by Traffic: Where traffic would be injurious to a base, surface course, or structure, constructed as a part of the Work, all traffic shall be maintained outside the limits of such areas until the potential for damage no longer exists. 3.02 TRAFFIC CONTROL A. Traffic Control Plan: When the Project includes a Traffic Control Plan, the CONTRACTOR shall conform to all requirements of that Plan; or he may submit to the governing government agency an alternative plan or modification to the Plan at the Preconstruction Conference. When the Project does not include a Traffic Control Plan, the CONTRACTOR shall submit to the governing government agency a Plan in accordance with the standards specified in Article 1.02 (in this Section) at the Preconstruction Conference, or as otherwise required by the applicable government agency. In no case may the CONTRACTOR begin Work using a Traffic Control Plan until such Plan has been approved in writing by the applicable governmental agency. Modifications to the Traffic Control Plan that become necessary shall also be approved in writing before implementation. - SECTION 02704 6/1103 Page 3 of 9 119713 16D2 . The Traffic Control Plan shall indicate conditions and setups for each phase of the CONTRACTOR'S activities in written form along with a Plan view to illustrate the phases of activities and other pertinent details. The Plan shall include the type and location of all signs, lights, barricades, striping, and other applicable warning devices to be used for the safe passage of pedestrians and vehicular traffic through the Project and for the protection of the workers. The CONTRACTOR shall be responsible for performing daily inspections of the equipment and installations on the Project. The inspections shall continue through weekends and holidays, and a periodic inspection of lights and reflective panels shall be performed during the night hours. All equipment and devices not conforming to the approved standards shall be replaced during the inspection period. Regardless of the Traffic Control Plan utilized, it shall be the CONTRACTOR'S responsibility to notify the applicable governmental agency of any condition in the Work zone, which may require modification of the Traffic Control Plan. B. Traffic Control Devices, Warning Devices and Barriers: Installation and Maintenance: The responsibility for installation and maintenance of adequate traffic control devices, warning devices, and barriers for the protection of the traveling public and workers, as well as to safeguard the Work area in general, shall rest with the CONTRACTOR. The required traffic control devices, warning devices, and barriers shall be erected by the CONTRACTOR prior to creation of any hazardous condition and in conjunction with any necessary rerouting of traffic. The CONTRACTOR shall immediately remove, turn, or cover any devices or barriers, which do not apply to e)asting conditions. The CONTRACTOR shall make the applicable governmental agency aware of any scheduled operation which will affect traffic patterns or safety sufficiently in advance of commencing such operation to permit his review of the Plan for installation of traffic control devices, warning devices, or barriers proposed by the CONTRACTOR. The CONTRACTOR shall assign one of his employees the responsibility of maintaining the position and condition of all traffic control devices, warning devices, and barriers throughout the duration of the Contract. The CONTRACTOR shall supply the applicable governmental agency with the phone number and name of his assigned employee or employees that are available on a 24 -hour basis. Traffic control devices, warning devices, and barriers shall be kept in the correct position, properly directed, clearly visible, and clean, at all times. The CONTRACTOR shall immediately repair damaged, defaced, or dirty devices or barriers, replaced, or cleaned as applicable. Flaggers: The CONTRACTOR shall provide trained flaggers to direct traffic where one -way operation in a single lane is in effect and in other situations 6/1/03 SECTION 02704 119713 Page 4 of 9 16D2 0 as may be required by the standards established in Article 1.02 (this Section). Existing Pavement Markings: Where a detour changes the lane use or where normal vehicle paths are altered during construction, all existing pavement markings that will be in conflict with the adjusted vehicle paths shall be removed. Over painting will not be allowed. The removal may be accomplished by any method that will not materially damage the surface texture of the pavement and which will eliminate the previous marking pattern regardless of weather and light conditions. All pavement markings that will be in conflict with "next phase of operations" vehicle paths shall be removed as described above, prior to opening to traffic. No Waiver of Liability: The CONTRACTOR shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this Section, and the procedures and policies described therein shall in no way act as a waiver of any of the terms or of the liability of the CONTRACTOR of his surety. C. Work Zone Pavement Markings: This Work shall consist of furnishing and installing Work zone pavement markings for maintenance of traffic in construction areas in accordance with these Specifications and in reasonably close conformity with the lines and details shown on the Plans or established by the standards in Article 1.02 (this Section). Centerlines, lane lines, edge lines, stop bars and turn arrows in work zones will be required in accordance with Section 6D of the MUTCD with the following additions: 1. Edge lines are required when a paved shoulder four feet or greater in width exists along the edge of a lane. 2. Edge lines will also be required on all detours where vehicle paths are altered from normal operations and where a lane is narrowed from its normal width for any reason. 3. Work zone pavement markings, including arrows and messages, shall be in place prior to the end of the day when the road is open to traffic. . 4. Work zone pavement markings will be designated in the Plans or by the OWNER'S Representative or governmental agency as removable or nonremovable. Removable Work zone pavement markings shall consist of materials, which can be taken up by hand without the use of additional equipment such as 6/1/03 SECTION 02704 119713 Page 5 of 9 16D2 . burners, sand blasting, etc. An example of this category of markings is reinforced plastic film (tape). Nonremovable Work zone pavement markings shall consist of any markings that are not classified as removable. Use of removable or nonremovable work zone pavement markings shall be as follows: Application Category Finished Pavement" 1. All stripes representing final pavement markings. Nonremovable 2. All stripes in an area where the traffic pattern will be altered prior to project acceptance. Removable *All striping representing final markings shall be in the final location unless excepted in writing by the OWNER'S Representative. Intermediate Pavement Course All stripes in areas of pavement which will be covered with a subsequent course of pavement prior to altering of the traffic pattern within such area. Nonremovable All stripes in an area where the traffic pattern will be altered prior to placing of the subsequent paving course within such area. Removable Existing Pavement All stripes in areas of pavement which will be removed or overlayed new pavement prior to altering of the traffic pattern within such area. Nonremovable 2. All stripes in areas of pavement where the traffic pattern will be altered prior to removal or overlaying of such area. Removable At the CONTRACTOR'S option, Removable Pavement Markings may be substituted for Pavement Markings. Where such substitution is made, payment will be made under the bid item for Temporary Pavement Markings. Materials: Paint shall conform to 971 -12.2 and 971 -12.3 as applicable in the "FDOTSPEC". Glass beads shall conform to 971 -14 in the "FDOTSPEC° except that the percent of rounds shall be at least 75 percent. 6/1/03 SECTION 02704 119713 Page 6 of 9 16D2 Construction Methods: 1. Nonremovable Pavement Markings (Paint or Preformed Pavement Marking Film) placed on the finished pavement surface shall be aligned so as to assure coverage by the permanent traffic stripes. 2. Removable Pavement Markings (Reinforced Plastic Film) placed on the finished pavement surface may vary from the alignment of permanent traffic stripes. All Work zone pavement markings shall be installed in accordance with the manufacturer's recommendations, except that paint shall be applied in accordance with Section 710 of the "FDOTSPEC ". The pavement surface shah be dry at the time of Work zone pavement marking application. All dirt, debris, loose particles, and heavy oil residues shall be removed from the road surface application areas immediately prior to the installation of pavement markings. 4. Removable and Nonremovable Pavement Marking Film shall be applied with a mechanical applicator to provide pavement lines which are neat, accurate, and uniform. The mechanical applicator shall be equipped with a film cut -off device and with measuring devices which automatically and accumulatively measures the length of each line actually placed within an accuracy tolerance of t 2 percent. Pavement marking films (tape) shah be rolled or tamped to facilitate adhesion to the road surface. Tape may be placed by hand on short sections 500 feet or less provided that it is done in a neat, accurate manner. 5. When removable pavement markings are no longer required, they shall be removed just ahead of the permanent pavement markings. 3.03 DETOURS A. Where Required: CONTRACTOR shall construct and maintain detour it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. The location of all detours will require prior approval of the OWNER. B. Standards of Construction: Detours are to be constructed and maintained in such a manner so they will be capable of carrying traffic required in all conditions of weather. CONTRACTOR shall provide the detour with all facilities necessary to meet this requirement. C. Furnishing of Materials: CONTRACTOR shall provide all materials for the construction and maintenance of all detours, except that where the Plans show a surplus of excavated material, the CONTRACTOR may obtain material from the limits of construction to the extent that the material 611/03 SECTION 02704 119713 Page 7 of 9 16D2 . obtained does not exceed the net surplus amount. No separate payment will be made for materials obtained from on -site or off -site to construct detours. D. Construction Methods: In general, requirements of the Specifications pertaining to construction and material details shall not apply to detour construction. CONTRACTOR shall select and use construction methods and materials that will provide a stable and safe detour facility. Supplemented by maintenance, detour facility shall have durability to remain in good condition for the entire period the detour is required. E. Removal of Detours: Unless otherwise indicated in the Plans, temporary detours are to be removed when no longer needed and before the Contract is completed. All materials from the detour will become the property of the CONTRACTOR and are to be disposed of by him, except for materials which might be loaned to the CONTRACTOR by the OWNER with the stipulation they be returned. CONTRACTOR is responsible for restoration of all disturbed areas upon completion of the detour's use. 3.04 BASIS OF PAYMENT A. Maintenance of Traffic: Where no separate pay item for Maintenance of Traffic is established in the Contract Documents, the cost of all such Work specified in this Section shall be included in the prices for the other pay items which are included in the Contract and no additional compensation will be allowed. When an item of Maintenance of Traffic is included in the Contract Documents, the Lump Sum Price and payment for such item shall be full compensation for all Work and costs specified in this Section except as may be specifically covered for payment under other items. B. Special Detours: Where no separate pay item for a detour(s) is established in the Contract Documents, the cost of constructing, maintaining, and removing detour facilities as required or specified shall be included in the Maintenance of Traffic pay item (if established) or included in the prices for other pay items which are included in the Contract and no additional compensation will be allowed. When a detour facility is specifically detailed in the Plans or is otherwise described or detailed as a special item, and an item for separate payment is included in the proposal, the Work of constructing, maintaining. and subsequently removing such detour facilities will be paid for separately. The Contract Lump Sum Price for each such detour shall be full compensation for providing all detour facilities shown on the Plans and all costs incurred in carrying out all requirements of this Section for general maintenance of 6/1/03 SECTION 02704 119713 Page 8 of 9 16D2 0 traffic within the limits of the detour, as shown on the Plans. When the Plans show more than one detour, each detour shall be paid for separately at the Lump Sum Price for each. C. Driveway and Business Access: Unless otherwise specified in the Contract Documents, the cost of labor, materials, and equipment required to provide and maintain temporary access to property owners shall be included in the Maintenance of Traffic pay item (if established) or included in the prices for the other pay items which are included in the Contract Documents and no separate payment will be allowed. D. Dust Control: Unless otherwise specified in the Contract Documents, the cost of labor, materials, and equipment required to keep travel lanes reasonable free of dust shall be included in the item of Maintenance of Traffic, Detour, or otherwise shall be incidental to the Contract and no separate payment will be allowed. END OF SECTION 02704 6/1/03 SECTION 02704 119713 Page 9 of 9 1602 0 SECTION 02705 RESTORATION AND GENERAL REQUIREMENTS PART1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of restoring existing surfaces or any improvements such as but not limited to pavement, curb and gutter, sidewalk, structures, signs, or landscaping damaged during construction. 1.02 SPECIFICATIONS AND STANDARDS REFERENCE A. Any reference to a supplementary specification or standard such as ASTM, AWWA, AASHTO is intended to be a reference to the latest edition of that specification or standard. B. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ". C. WilsonMiller Specifications Section: 1. TRENCHING AND BACKFILLING PART 2 PRODUCTS 2.01 MATERIALS A. Flexible Pavement: Comply with requirements of Sections 901, 902, 911, 913, 914, 916, and 917 of the "FDOTSPEC ". B. Concrete Pavement, Driveway, Sidewalk, Curb and Gutter: Comply with requirements of Sections 901, 902, 921, 923, 924, and 925 of the "FDOTSPEC ". C. Grassing: Comply with requirements of Section 981, 982, and 983 of the "FDOTSPEC ". PART 3 EXECUTION 3.01 GENERAL A. Existing property damaged during construction shall be restored to a condition at least equal to the original condition of the property, unless otherwise specified in the Contract Documents. 611/03 SECTION 02705 120509 Page 1 of 5 16D2 . B. Existing roadway or drainage improvements damaged within a roadway or drainage right -of -way or easement shall be restored in accordance with the requirements of the state, county, and city agencies having jurisdiction thereof. 3.02 UNDERGROUND FACILITIES A. Existing underground utilities and drainage systems damaged during construction shall be immediately repaired to the specifications of the owner of the damaged system. Where the utility owner elects to make said repairs under his direction, the CONTRACTOR shall pay for such repair costs directly. B. Where damage to existing underground utilities is anticipated due to unavoidable conflicts, the CONTRACTOR shall construct his Work so as to cause the least amount of interruption of service as possible. 3.03 TRENCHING AND BACKFILLING A. Any trenching and backfilling required to satisfy the requirements of this Section shall be in accordance with Section 02703, TRENCHING AND BACKFILLING. 3.04 PAVEMENT CUTS A. On deadend streets, collector streets, and high traffic streets, trenching and pipe laying shall be performed in such a manner that at least one -way traffic is maintained at all times. B. All trench lines across existing pavements, driveways, sidewalks, curbs, etc. shall be saw cut in straight parallel lines prior to trench excavation. C. CONTRACTOR shall exercise care to minimize amount of pavement, sidewalk, driveways, and curbing to be removed. 3.05 CONCRETE PAVEMENT, CURB, AND GUTTER, ETC. A. Concrete pavement, driveway, sidewalk, and curb and gutter damaged during construction shah be restored to the same dimensions as that removed or as specified in the Contract Documents. All such restoration shall be in accordance with the applicable Sections 345, 350, 520, 522, of "FDOTSPEC ". B. Prior to placing concrete, the subgrade shall be compacted to at least 98 percent of the maximum density determined by the "Modified Proctor Density" (ASTM D- 1557). 611/03 SECTION 02705 120509 Page 2 of 5 16D2 3.06 FLEXIBLE PAVEMENT A. Stabilized subgrade damaged during construction shall be restored in accordance with Section 160 of "FDOTSPEC ". The restored, stabilized subgrade shall have a minimum bearing value of LBR -40, and be compacted to at least 98 percent of the maximum density determined by the "Modified Proctor Density" (ASTM D- 1557). B. Limerock or shell base damaged during construction shall be restored in accordance with Sections 200 and 250 respectively of "FDOTSPEC ". The minimum density of the restored base shall be 98 percent of the maximum density determined by the "Modified Proctor Density" (ASTM D- 1557). After completion of the base course, a bituminous prime coat shall be applied in accordance with Section 300 of "FDOTSPEC" when applicable prior to placement of asphalt surface course. C. Asphalt surfaces damaged during construction shall be replaced with a similar surface in accordance with Section 330 of "FDOTSPEC ". The material used shall be the same type and thickness of that damaged, except that the minimum thickness shall be one inch. In the case of multiple layers, each layer or course of the damaged asphalt surface shall be reconstructed to duplicate the original. 3.07 LANDSCAPING AND MISCELLANEOUS A. Trees and bushes damaged during construction shall be removed and replaced with equal size and type by the CONTRACTOR at his expense unless otherwise specified in the Contract Documents. B. Grassed areas damaged during construction shall be repaired with the same type sod unless otherwise specified in the Contract Documents. C. Sodding and grassing and mulching operations shall begin within a maximum of three weeks after utility installation, except in cases of front and back slopes which shall be done immediately following installation completion. Any yards or part of right -of -way in front of private property that has a grass mat shall be resodded with like sod. CONTRACTOR shall maintain disturbed areas until acceptable vegetation is reestablished. D. Areas without established grass mats in front of vacant lands shall be restored by seeding and mulching. The grass mat shall be restored to the required design or finished grade to permit proper drainage. E. Unimproved areas such as an open field or lot having its surface disturbed during construction shall be graded to duplicate the existing conditions and seeded and mulched unless otherwise specified in the Contract Documents. 6/1103 SECTION 02705 120509 Page 3 of 5 16D2 . F. Any damage to an existing irrigation system caused by the construction operations shall be repaired by the CONTRACTOR prior to the installation of sod, seed, or other landscaping unless otherwise specified in the Contract Documents. G. Mailboxes, railroad ties, or any other miscellaneous items damaged during construction shall be repaired to the satisfaction of the OWNER'S Representative unless otherwise specified in the Contract Documents. 3.08 DENSITY TESTS A. Density tests shall be performed in accordance with Section 01410 of the Technical Specifications except that the CONTRACTOR shall pay for all tests related to restoration Work. B. Field density tests shall be required for each layer of fill, stabilized subgrade, limerock base, and asphalt surface in accordance with the frequency listed below unless otherwise authorized by the OWNER'S Representative. • Transverse Trench Crossing - one /location/layer • Longitudinal Trench - one /300 LF /layer • Pavement Repair- one /1000 SY /layer C. Concrete shall be tested for slump, air content, and compressive strength every 50 cubic yards for continuous pours. For smaller volume Work, the same tests shall be taken for each separate pour. A minimum of four sample cylinders shall be made when testing for compressive strength. 3.09 GENERAL REQUIREMENTS A. Maintenance of Service - CONTRACTOR shall provide facilities and be responsible for protection of all structures, buildings, and utilities, underground, on the surface, or above ground, against trenching, dewatering, or any other activity connected with Work covered by these modifications of existing utilities. CONTRACTOR shall provide for maintaining continuous water, electric, telephone, gas, sewage, and other utilities to all present customers of such utilities unless approval is obtained in writing from the utility company or OWNER for the interruption of such services. B. Existing Facilities - Underground structures shown on the Plans are according to the best available information, but it shall be the responsibility of the CONTRACTOR to acquaint himself with the exact location and to avoid conflict with all existing facilities. Where underground structures are damaged, they shall be immediately repaired to the specifications of the OWNER of the utility. If the OWNER of the utility elects to make such repairs with his own forces, CONTRACTOR shall make arrangements as to protect the OWNER from all damages. Where such conflicts are unavoidable, every effort shall be made to construct the Work so as to cause 6/1103 SECTION 02705 120509 Page 4 of 5 16D2 0 as little interference as possible with services rendered by the structure disturbed. C. Utility Installation Permits - CONTRACTOR shall obtain necessary permits for construction across public and private property, streets, railroads, telephone lines, power lines, etc. CONTRACTOR shall abide by all rules, regulations and requirements of the OWNER of such property in regard to construction under this Contract, including giving of notices, provisions for inspection, and employment of such methods of construction as may be required. Costs of any permits shall be incidental to construction and reflected in unit price bid. D. Work in State Rights -of -Way - Construction in State rights -of -way shall comply with the "State of Florida Department of Transportation (FDOT) Utility Accommodation Guide ". E. Work in County /City Rights -of -Way - Construction in county /city rights -of- way shall comply with the utility accommodation manual for the agency having jurisdiction. F. Clearing of Excavation Corridor - only items necessary to provide adequate workspace including space for hubs, batter boards, and equipment shall be removed within the right -of -way, easement, or designated construction corridor. Trees, shrubbery, poles, mailboxes, and other items not to be removed shall be protected from damage during construction. When necessary to cut tree roots and branches, such cutting shall be performed with saws in a neat and workmanlike manner. 3.10 BASIS OF PAYMENT A. There shall be no separate payment for any Work defined in this Section. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration unless -otherwise specified in the Contract Documents. Any reference to unit price payment in the "FDOTSPEC" shall not be applicable. END OF SECTION 02705 6/1/03 SECTION 02705 120509 Page 5 of 5 16D2 SECTION 02706 (CCUD) WATER LINES (Collier County Utility Division) PART1 GENERAL 1.01 SCOPE A. The scope of this Section covers materials and Work necessary for construction, connection, and placing into operation the water distribution system shown on the Plans and herein described and specified. 1.02 SPECIFICATION AND STANDARD REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. B. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING 02705 RESTORATION AND GENERAL REQUIREMENTS 02709 PRESSURE PIPELINE CONSTRUCTION 02715 ROCK EXCAVATION PART PRODUCTS 2.01 MATERIALS A. All pipe shall be designed for a minimum working pressure of 150 psi unless otherwise specified. B. Ductile Iron Pipe - Pipe shall meet the requirements of AWWA C151. Minimum thickness class shall be Class 51 or as specified. Pipe shall be cement lined with a double thickness cement lining and interior seal coated in accordance with AWWA C104. Pipe exterior shall be coated with bituminous coating. C. Polyethylene Wrap - In areas where called for on the Plans, ductile iron pipe shall be polyethylene encased. Polyethylene encasement shall meet the requirements of AWWA C105. D. Polyvinyl Chloride Pipe (PVC) - PVC shall meet requirements of AWWA C900. Minimum thickness class shall be Class 150 (DR 18) unless otherwise shown on the Plans or in the Specifications, except road crossings shall be Class 200 (DR 14 minimum). Pipe bell shall be monolithic and integral to pipe barrel. 6/1/03 SECTION 02706 (CCUD) 120298 Page 1 of 21 16D2 . E. Reinforced Concrete Pipe - Reinforced concrete water pipe, limited in size to 16 inch and over, shall be steel cylinder type, prestressed, and meet the requirements of AWWA C301. F. Threaded Steel Pipe - Threaded steel pipe shall be galvanized and furnished with threaded ends, designed in accordance with AWWA C200 Schedule 40. Where coal tar enamel is used as a protective coating, it shall meet the requirements of AWWA C203. G. Fittings and Joints 1. Fittings for Ductile Iron Pipe: Pipe fittings for ductile iron pipe shall be ductile iron, mechanical joint with retainer glands. Fittings shall have a minimum rated working pressure of 250 psi, and conform to AWWA C110 or C153. Fittings shall be double thickness cement lined, interior seal coated, and exterior bituminous coated. 2. Pipe Joints: Pipe joints shall be mechanical or push -on type meeting the requirements of AWWA C111, except where specifically shown or detailed otherwise. Fitting joints shall be mechanical joint with retainer glands except where specifically shown or detailed otherwise. 3. Restrained Joints: Restrained joints, where required, shall be U.S. Pipe "Locktyte" or "Lockfast ", American "Lockfast", or approved equal. 4. Flange Pipe: Flanged ductile iron pipe shall meet the requirements of AWWA C115. Gaskets shall be full- faced. 5. Vertical Direction Change Fittings: All vertical pipeline changes in directions that require fittings shall be mechanical joint with retainer glands unless otherwise specified or detailed. 6. Fittings for Polyvinyl Chloride (PVC) Water Mains: Pipe fittings for PVC water pipe shall be ductile iron and shall have a minimum rated working pressure of 250 psi. Fittings shall be mechanical joint and shall meet the requirements of AWWA C110. Where C900 PVC fittings are available, they shall be utilized. H. Gasket Joint Lubrication 1. CONTRACTOR shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, nontoxic, an inhibitor to bacterial growth, and shall be nondetrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco®) petroleum products, cooking oil, grease, etc.) shall not be used. 611103 SECTION 02706 (CCUD) 120298 Page 2 of 21 16D2 . Fire Hydrants Fire hydrants, materials, and installation shall conform to specifications of the governing fire department. In general, fire hydrants shall conform to requirements of AWWA Specification C503, "Wet Barrel Fire Hydrants ". They shall have a minimum six - inch connection, two 2 % inch hose nozzles, and one 4 '/2 inch steamer nozzle. All nozzles shall have American National standard hose thread. 2. The hydrant valve shall be 4 'h inches minimum (or as modified in Supplemental Technical Specifications) and hydrant lead shall have an auxiliary valve (not bolted to the hydrant) six inches in size or larger, as indicated. Auxiliary valve shall be installed on the lead to all hydrants including those having a breakable feature at the ground line. The pentagonal operating nuts and the cap nuts shall be 1 '/z inches point to flat. Drain valves for the hydrants shall be omitted. Hydrants shall open counter clockwise and direction of opening shall be cast on the top. Bury length measured from bottom of connecting pipe to the ground line at the hydrant shall be three feet minimum. For unusual depths of water main, bends of offsets shall be used to bring the hydrant to grade. Where this procedure is not feasible, bury length may be increased or special extension sections used. 3. Auxiliary valve shall be attached to the main using anchor tee and valve fittings. The distance from center of pumper nozzle to finished grade shall be 18 inches minimum and 24 inches maximum. Painting shall be in accordance with requirements of' the agency having jurisdiction. Fire hydrants shall be clamped to the fitting in the main. Hydrants shall have a sealed bonnet oil reservoir which lubricates internal threaded and bearing surfaces. Hydrants shall be traffic type with breakaway flange construction. CONTRACTOR shall submit manufacturer's details and certified hydrant flow data to ENGINEER for review and approval prior to ordering of materials. J. Valves - Buried Gate Valves: Four Inch Through Sixteen Inch: a. In general, gate valves four inches in size and larger shall be cast iron body, cast iron gate, and disc with rubber coating, resilient sealing mechanism, nonrising stem, open left (counter clockwise) with two inch square operating nuts. They shall meet the requirements of AWWA C509, and shall bear name of manufacturer and water rating cast into valve body in raised letters. 6/1103 SECTION 02706 (CCUD) 120298 Page 3 of 21 16D2 . 2. Gate Valves - Less than Four Inch: a. Gate valves under four inches in size shall be as in above or shall be 125 pounds, Bronze Gate Valves conforming to M.S.S. Standard Practice SP -37. They shall be double -disc, non -rising stem, open left (counter clockwise) with operating wheel. Pewter and pot metal operating wheels will not be permitted. Valves shall be of United States manufacture. 3. Butterfly Valves - Greater Than Sixteen Inch: a. Buried service butterfly valves shall be of the rubber seat type with enclosed geared operators and integrally cast mechanical joint ends, all in accordance with AWWA C504, Class 150 -B. Valves shall have cast iron body, ductile iron valve disc, Type 304 stainless steel valve shaft, and self - lubricating nylon sleeve type shaft bearings. Valve seats shall be Buna -N, in the body or on disc. b. Operators shall be fully gasketed and oil filled to withstand an external water pressure of 10 psi minimum. A valve position indicator shall be furnished for installation in each valve box. Indicator shall be hermetically sealed for installation inside a cast iron valve box and shall show valve disc position, direction of rotation and number of turns from fully opened to fully closed. Indicator shall be provided by the valve manufacturer, complete. Valves shall be Henry Pratt Company "Groundhog ", Crane "Monarch" with ground level position indicator, or approved equal. 4. Valve Boxes a. Valve boxes shall be telescoping type, cast iron with 5 % inch shaft. The word "WATER" shall be cast into the top of the lid. Extension pieces, if required, shall be manufacturer's standard type for use with valve box. All risers shall be ductile iron. 5. Extension Stems For Valve Operators a_ Where depth of the operating nut is more than three feet, operating extension shall be provided to bring the operating nut to a point 18 inches below the surface of the ground or pavement. Extension stem shall be constructed of stainless steel. K. Air and Vacuum Release Valve Assemblies 1. Collier County Utility Division Requirements 6/1/03 SECTION 02706 (CCUD) 120298 Page 4 of 21 16D2 . a. General - Air valve assembly shall include all Work necessary, including tapping main pipeline, installing service saddle, pedestal housing, and any incidental excavation and backfill as may be required to install the valve, complete. b. Service Saddle - Rockwell International Number 313 double - strap service clamps with AWWA thread corporation stop, tap, and neoprene gaskets. Service clamps shall be adequate for use with the size, type, and class of the water pipe. C. Air and Vacuum Release Valves (1) Air and vacuum release valves shall be constructed to permit the escape of large volumes of air when the line is being filled with water, so that smaller amounts of accumulated air will be released under normal operating conditions, and so that air may reenter the line to break any vacuum caused by the water leaving the line rapidly. Valves shall be designed to operate under working pressures of 150 psi to 225 psi, or as indicated on the Drawings and shall have been tested at a pressure not less than 300 psi. (2) Air and vacuum release valves shall be Empire Specialty Company, Number 945, Combination Series, or approved equal. d. Structure, Frame, and Cover (1) Structures for the air release assemblies shall be square reinforced concrete meeting the dimension and clearance requirements shown on the Drawings. Frame and cover shall be cast iron as required by the Collier County Utility Division. Cover shall be stamped or cast with the word "WATER ". (2) Structure bedding shall be thoroughly compacted upon gravel with six inches minimum clearance above main. Structure shall be offset to enable operator access and maintenance to the valve. (3) The frame shall be securely affixed to the structure. Cover shall not contact street ell in any position. e. Corporation Stop: Ford Number FB -1102 or approved equal. f. Ball Valve: Ford Brass Ball Valve Number B11 -777 or approved equal. 6/1/03 SECTION 02706 (CCUD) 120298 Page 5 of 21 16D2 . 2. Utility Jurisdictions other than Collier County Utility Division a. General — Air valve assembly shall include all Work necessary, including tapping main pipeline, installing service saddle, manhole, and any incidental excavation and backfill as may by required to install the valve, complete. b. Service Saddle — Rockwell International Number 313 double - strap service clamps with AWWA thread corporation stop, tap, and neoprene gaskets. Service clamps shall be adequate for use with the size, type, and class of the water pipe. C. Air and Vacuum Release Valves (1) Air and vacuum release valves shall be constructed to permit the escape of large volumes of air when the line is being filled with water, so that smaller amounts of accumulated air will be released under normal operating conditions, and so that air may reenter the line to break any vacuum caused by the water leaving the line rapidly. Valves shall be designed to operate under working pressures of 150 psi to 225 psi, or as indicated on the Drawings and shall have been tested at a pressure not less than 300 psi. (2) Air and vacuum release valves shall be Empire Specialty Company, Model Number 945, Combination Series, or approved equal. d. Manhole, Ring and Cover (1) Manhole for the air release valve assemblies shall be one or more three -foot lengths of bell and spigot, channel, model, Collier County Water Department, Signature Series, pedestal, housing, P/N SPH 1212 2C10000W, colo r dark green. (2) Manhole ring and cover shall be cast iron. The 24 inch manhole ring and cover shall be U.S. Foundry Number 105 with four one inch vent holes or approved equal. Cover and ring shall have machined bearing surfaces. Cover shall have the word "WATER" cast into it. (3) Compact thoroughly pipe zone and bedding for the manhole. Concrete manhole pipe shall be bedded upon gravel in such a manner that it does not rest 6/1/03 SECTION 02706 (CCUD) 120298 Page 6 of 21 16D2 . within eight inches of the crown of the transmission pipeline. Cut concrete pipe as required so finished grade of the manhole conforms to the slope and elevation of adjacent ground. Concrete pipe shall be placed off center and air valve oriented for easy access to valve operator. (4) Manhole ring and cover shall be set in a bed of mortar consisting of one part cement to three parts sand. The ring shall have continuous and uniform bearing on the concrete pipe. Manhole cover shall not contact street ell in any cover position. e. Corporation Stop: Ford Number FB 1102 or approved equal. f. Ball Valve: Ford Brass Ball Valve Number B11 -777 or approved equal. L. Continuous Service Connections (Hot Taps) 1. Continuous service connections (hot taps) of existing in- service pressure mains shall be made where called for on the Plans. Hot taps shall be performed in accordance with requirements of the agency having jurisdiction over the utility system. 2. Valve shah meet all requirements of 2.01 (J)(i). Tapping sleeve shall be stainless steel or ductile iron. 3. Prior to cutting, the installed tapping sleeve and tapping valve shall be pressure tested at 150 psi in accordance with the pressure testing Section of these Specifications. Following the accepted pressure test, the CONTRACTOR shall obtain the utility agency's approval prior to cutting the in- service main. 4. Cutting of existing main shall be made with a tapping machine in excellent operating condition as approved by the utility agency and the ENGINEER. M. Metalicized identification tape shall be buried approximately 12 inches above PVC pipe. Nonmetalicized tape shall be buried approximately 12 inches above ductile iron pipe. Tape width shall be three -inch minimum. Tape colors and imprints shall be as follows: 6/1/03 SECTION 02706 (CCUD) 120298 Page 7 of 21 Im rint Color 1) Caution - Potable Water Line Buried 16D2 . N. Lead (Mainlines) — All water main pipe fittings, valves, jointing material, and fire hydrants shall comply with AWWA standards and shall contain no more than eight percent (8 %) lead. O. Lead (Service Taps) — All service materials shall meet State plumbing codes and contain no more than eight percent (8 %) lead. All solders and flux shall contain no more than 0.2% lead. PART 3 EXECUTION AND ADDITIONAL COLLIER COUNTY UTILITY DIVISION REQUIREMENTS 3.01 MATERIAL HANDLING A. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the Work, each piece shall be off -loaded near the place where it is to be laid in the trench. 3.02 TRENCHING AND BACKFILLING A. Excavation, bedding, and backfilling of trenches during the construction of water lines shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. 3.03 INSTALLATION A. General All construction shall be performed in strict accordance with the manufacturer's recommendations and shall comply with the applicable articles of WilsonMiller Specifications Section 02709, PRESSURE PIPELINE CONSTRUCTION. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. 2. Only one connection to the existing distribution system will be allowed until after lines have been tested and sterilized in accordance with Specifications. All tie -ins will be accomplished under field inspection of a representative of the OWNER of the utility to which connection is being made. 6/1/03 SECTION 02706 (CCUD) 120298 Page 8 of 21 16D2 0 B. Ductile Iron Pipe Ductile iron pipe shall be installed in accordance with pipe manufacturer's recommendations and in accordance with AWWA C600. Unless otherwise specified, ductile iron pipe shall be installed per laying condition Type II, AWWA C600. C. PVC Pressure Pipe PVC pressure pipe and appurtenances shall be installed in accordance with the special requirements of the pipe manufacturer. In addition, the pipe installation shall follow The Uni -Bell Pipe Association, "Handbook of PVC Pipe Design and Construction", AWWA, and the governing utility agency requirements as applicable. 2. PVC pipe spigot ends shall be installed into bell ends so manufacturer's spigot end reference mark is even with the outside edge of the bell. Field cut pipe shall be remarked with a spigot end reference mark in accordance with pipe manufacturer's specifications, or by remarking from a factory marked end of the same pipe diameter. 3. Any service connections, blow -offs, or air - relief ports called for on the Plans shall be made by means of a double -strap tapping saddle or by use of a ductile iron tee and fittings. D. Hydrant drains, flushing devices, air - release valves, manhole chambers containing valves, blow -offs, meters, and other such appurtenances shall not be directly connected to any sanitary or storm sewer. E. Water mains shall be installed no closer than ten feet (outside to outside) to sanitary sewers, storm sewers, force mains and restricted public access reclaimed water mains. F. Water mains shall be installed no closer than three feet (outside to outside) from public access reclaimed water mains. G. Whenever water mains cross any sanitary sewers, storm sewers, force mains, or reclaimed water lines, the water mains cross above such pipelines with a minimum vertical distance of 18 inches between the outside of the water mains and the outside of such pipelines or such crossings shall be arranged so that all pipe joints are equidistant from the point of crossing with no less than 10 feet between any two joints (or, alternatively, the sanitary sewers, storm sewers, force mains, and reclaimed water lines at such crossings are placed in sleeves or encased in concrete to obtain the equivalent of the 10 foot separation between joints). In all cases the minimum cover called for on the Plans shall be maintained. 6/1/03 SECTION 02706 (CCUD) 120298 Page 9 of 21 1602 . 3.04 HYDROSTATIC TESTS A. After a new water main has been laid and backfilled, it shall be flushed for a sufficient time to replace the water in the main at least twice. All flushing shall be full bore flush. B. Main shall then be pumped to a pressure of 150 psi and all visible leaks stopped by approved methods. A leakage test shall then be conducted at the above pressure. No installation will be accepted by the agency having jurisdiction until the leakage is less than the number of gallons per hour as determined by the formula below. SD (P)5 L = 133,200 +/- 5 psi in which L equals the allowable leakage in gallons per hours; S is length of pipe tested in feet; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the leakage test, in pounds per square inch gauge. The test shall be maintained for two hours. Water supplied to the main during the test to maintain required pressure shall be measured by a 5/8 inch meter installed on the discharge side of the test pump, or by pumping from a calibrated container, all in accordance with AWWA C600. All visible leaks shall be repaired regardless of the leakage allowance. 3.05 DISINFECTION A. General Pipelines shall be disinfected before placing in service. Disinfecting procedures shall meet the requirements of AWWA C651 as hereinafter modified or expanded and requirements of any governing agency having jurisdiction. On main breaks, cut -ins, etc., a liberal application of calcium hypochlorite shall be made. B. Flushing Before disinfecting, all foreign matter shall be flushed from the pipeline. Provide hoses, temporary pipes, ditches, etc., as required to dispose of flushing water without damage to adjacent properties. Flushing velocities shall be at least 2.5 fps. For large diameter pipe where it is impractical or impossible to flush the pipe at 2.5 fps velocity, clean the pipeline in place from the inside by brushing and sweeping, then flush the line at a lower velocity. CONTRACTOR shall obtain the governing utility's approval prior to flushing and shall report the gallons used in the flushing operation to the utility department and the ENGINEER. C. Disinfecting Mixture 6/1/03 SECTION 02706 (CCUD) 120298 Page 10 of 21 16D2 Sterilizing mixture shall be a chloride -water solution having a free chlorine residual of 40 to 50 ppm. The mixture shall be prepared by injecting: (1) a liquid chlorine gas -water mixture; (2) dry chlorine gas; or (3) a calcium or sodium hypochlorite and water mixture into the pipeline at a measured rate while fresh water is allowed to flow through the pipeline at a measured rate so the chlorine-water-solution is of the specified strength. D. Point of Application 1. Inject the chlorine mixture into the pipeline to be treated at the beginning of the line through a corporation stop or suitable tap in the top of the pipeline. Water from the existing system or other approved source shall be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The rate of chlorine mixture flow shall be in such proportion to the rate of water entering the pipe that the combined mixture shall contain 40 to 50 ppm of free available chlorine. Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. Use check valves if necessary. E. Retention Period -° 1. Treated water shall be retained in the pipeline long enough to destroy all non spore - forming bacteria, 24 hours minimum. At the end of the 24 -hour period, the sterilizing mixture shall have a strength of at least 10 ppm of chlorine. 2. Operate all valves, hydrants, and other appurtenances during disinfection to assure the mixture is dispersed into all parts of the line, including dead ends, new services, and similar areas that otherwise may not receive the treated water. 3. Do not place concentrated quantities of commercial disinfecting agents in the line before it is filled with water. 4. After chlorination, flush the water from the line until the water through the line is equal chemically and bacteriologically to the permanent source of supply. F. Disposal of Disinfecting Water 1. Dispose of disinfection water in an approved manner. Do not allow disinfecting water to flow into a waterway without adequate dilution or other satisfactory method of reducing chlorine concentrations to a safe level. 3.06 BACTERIOLOGICAL TESTING 6/1103 SECTION 02706 (CCUD) 120298 Page 11 of 21 16D2 . A. After disinfection and final flushing, water main shall be bacteriologically tested in accordance with AWWA C601, these Specifications, requirements of the State of Florida Department of Environmental Regulation, and the agency having jurisdiction over the water system. B. Bacteriological tests shall be performed by a State of Florida certified laboratory in accordance with "Standard Methods ". Tests shall show an absence of coliform organisms. The tests shall be taken on two consecutive days. The number and locations of the tests shall be designated by the ENGINEER or the utility. At least one sample point shall be established on each main and on each branch. On long runs, additional samples along the length of line will be required as well as at its end. The number of required samples shall conform to the requirements of the utility and the Florida Department of Environmental Regulation. C. CONTRACTOR shall pay for bacteriological testing and shall include the costs in the unit prices. 3.07 ADJUSTING EXISTING STRUCTURES A. Existing valve boxes, fire hydrants, or other similar items within the limits of the proposed Work that do not conform to the finished grade of the proposed pavement, or to the finished grade designated on the Plans, shall be cut down or extended and made to conform to the grade of the new pavement, or to the designated grade of the surface if outside of the proposed pavement area. The materials and construction methods for this Work shall conform to the requirements specified above. 3.08 LOCATOR DISKS AND TAPE A. Locator disks shall be the type that is compatible with the OWNER'S location equipment and approved by the OWNER'S Representative prior to installation. They shall be placed at each end of the conduits installed under the road for future water services or as otherwise specified in the Contract Documents. Tape shall be used over pipe and shall be labeled "potable water". 3.09 RESTORATION A. Existing surfaces or property improvements damaged during the construction of Work specified in this Section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705, RESTORATION AND GENERAL REQUIREMENTS. 6/1/03 SECTK)N 02706 (CCUD) 120298 Page 12 of 21 16D2 . 3.10 METHOD OF MEASUREMENT A. The quantities of water lines to be paid for under this Section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the center line of the pipe with no deductions for valves or fittings. B. Valves to be paid for under this Section shall be the number of each size and type of valve, including valve box, satisfactorily installed accordingly to the Contract Documents. C. Fire hydrants to be paid for under this Section shall be the number of hydrant assemblies satisfactorily installed according to the Contract Documents. Each hydrant assembly shall include the hydrant, all fittings, extension, pipe lead, auxiliary valve, valve box and cover, and concrete thrust block as required by the Contract Documents. D. Hot taps to be paid for under this Section shall be the number of hot taps installed complete with tapping sleeve and tapping valve according to the Contract Documents. E. PVC conduits for future water fines shall be paid for as established in the Proposal Section of the Contract Documents. Payment by the linear foot or for each lateral crossing shall include a locator ,disc at each end as an incidental cost to the pay item specified. F. Other miscellaneous items such as blow -offs and air - release assemblies shall be paid for by the number of each pay item satisfactorily installed according to the Contract Documents. Each item shall include all components as shown in the Plans or stated in the Contract Documents, such as manhole rings, castings, valves, fittings and other appurtenances as applicable. 3.11 SPECIAL COLLIER COUNTY UTILITY SYSTEM REQUIREMENTS A. Improvements being constructed in areas under jurisdiction of the Collier County Utility Division shall be constructed in accordance with the technical requirements of Collier County Ordinance Number 97 -17 and the Collier County Utility Standards (CCUS). The Specifications in Subsection 3.11 are in addition to those contained elsewhere in this Section 02706 (CCUD) Water Lines (Collier County Utility Division). B. All pipe, material, equipment, and appurtenances shall be new, unused, and American made. 6/1/03 SECTION 02706 (CCUD) 120298 Page 13 of 21 16D2 . C. Water Pipe and Fitting Materials All water lines between four inch and 24 inch shall be constructed of PVC and shall utilize pipe meeting the following specifications, unless a waiver is specifically granted by the Collier County Water Department Director. Water mains larger than 24 inch shall be ductile iron pipe, unless a waiver is specifically granted by the Collier County Water Department Director. D. Ductile Iron Pipe - All ductile iron pipe shall have a minimum thickness conforming to Pressure Class 150, as specified by AWWA C150, latest revision. All pipe shall have a minimum tensile strength of 60 psi, a minimum yield strength of 42,000 psi, and a minimum elongation of 10 percent, as specified by AWWA C151, latest revision. All pipe shall have a double thick cement mortar lining in accordance with AWWA C104, latest revision. Joints for ductile iron pipe shall be either of the slip -on type using a single rubber gasket or mechanical joint type conforming to AWWA C111, latest revision. All fittings shall have a cement mortar lining in accordance with AWWA C104, latest revision All fittings shall be of the mechanical joint type, in conformance with AWWA C111, latest revision. All nuts and bolts shall be high strength, low alloy metal. Pipe restraint shall be as specified in the Collier County Utility Standards. All aerial crossings shall be made using Class 53 flanged pipe and shall be coated on the exterior using a suitable grade of appropriately colored, field applied, epoxy coating. All nuts and bolts used on aerial crossings shall be stainless steel. E. Pipe and Fitting Restraints - Restraint shall be provided for horizontal or vertical alignment changes using Uni- Flange® type collars, epoxy coated, with high strength, low -ahoy hardware, EBBA Iron Sales, Inc., Megalug, Uni - Flange®, or Romac Industries, Inc., Grip Ring. Thrust Block shall only be used when the use of mechanical restraints are not feasible. The use of thrust blocks shall require the approval of the Collier County Water Director. F. Polyvinyl Chloride Pipe - All PVC pipe shall conform to the standards of AWWA C900, or AWWA C905, latest revision. All pipe four inches to 12 inches shall be a minimum of Class 150 and meet the requirements of DR 18. Elastomeric gasket rings and bell and spigot construction shall meet the requirements of ASTM F477 and D2122 respectively, latest revision. All pipe four inches to 12 inches installed below paved public and private roadways or parking lot entrance driveway surfaces shall be PVC AWWA C900 Class 200, DR 14 or Pressure Class 250 ductile iron, as specified above. All PVC pipe 16 inches to 24 inches shall be PR 165, DR 25 and shall meet or exceed Uni -Bell B -11. Minimum cover for lines shall be two feet, six inches. Unless otherwise called for on the Drawings, maximum cover shall be four feet, zero inches after final Project grading is completed except when dipping under conflicts, in which case the water line shall be 6/1/03 SECTION 02706 (CCUD) 120298 Page 14 of 21 16D2 0 returned to normal depth within 10 feet on either side of the conflict or as soon as possible using a 45 degree fitting. All PVC mains shall be marked with locator tape labeled "POTABLE WATER ". All PVC pipe used for potable water shall be white or blue in color. G. Pipe Handling, Storage and Installation Pipe handling, storage and installation shall be in conformance with the manufacturer's specifications. Ductile iron pipe installation shall conform to the procedures outlined in "A Guide for the Installation of Ductile Iron Pipe." PVC pipe installation shall conform to the standards specified in UNI -B -3, latest revisions. H. Bedding and Backfill Bedding conditions Type 1 -5, as described in ANS A21.50, latest revisions, shall be used for all ductile iron pipe provided the proper strength pipe is used with the specified bedding to support the design bad. Bedding Classes I, 11 and 111, as described in ASTM D2487, shall be used for all PVC pipe provided the pipe is used with the specified bedding to support the design bad. Backfill shall be of a suitable material removed from excavation except where other material is specified. Backfill material shall consist of earth, loam, sandy clay, sand, gravel, crushed limestone, or other approved materials free from debris, large clods, or stones, organic material, or other materials which may be unsuitable. Backfill shall be placed in such a manner as not to disturb the alignment of the pipe. In all areas backfill shall be deposited in six -inch layers and carefully hand - tamped to a depth of 12 inches over the top of the pipe. The remainder of the backfill shall be deposited in 12 inch layers and thoroughly tamped. Settling the backfill with water will be permitted. Castings. Gate valve boxes shall be cast iron and be of the adjustable telescopic type manufacture. All risers shall be ductile iron. Flushing Connections AN potable water main terminus points shall be quipped with fire hydrant for flushing purposes. Flushing connections shall be attached directly to the end of the main and restrained, as required, to prevent movement in the connection. A line -size gate valve must be provided at the beginning of the restrained, as required, to prevent movement in the connection. A line -size gate valve must be provided at the beginning of the flushing connection. The end of the temporary flushing connection shall be terminated to just below final grade and housed in a standard water meter box, with appropriate 611/03 SECTION 02706 (CCUD) 120298 Page 15 of 21 16D2 . Kamlock fittings after completion of the flushing procedures and replaced with a fire hydrant after flushing has been completed to create the permanent flushing connection. The flushing /sampling fittings must be located in the meter box to allow flushing or sampling without removal of the box. All full bore flushing shall be completed prior to pressure testing. K. Fire Hydrants All fire hydrants installed shall be of the break - flange type and meet the requirements of the local fire control district. Hydrant lead -gate valves must be restrained through the use of an anchor tee or with stainless steel rods, nuts, and washers to the line tee. This valve must be located within five (5) feet of the in -line tee supplying the hydrant. All piping between the line tee and the hydrant shall be a C900, DR 18 PVC. All connections and locations for fire hydrants shall meet the requirements of the LDC or NFPA regulations, latest revisions, whichever is more restrictive, and meet the approval of the local fire control district. All fire hydrants shall be a equipped with a cast -in -place concrete break slab (collar). See Detail W -3 in Appendix D for typical hydrant installation standards. All hydrants delivered to a Project that will be conveyed to Collier County shall be painted Federal Safety Yellow. All hydrants installed with respect to new construction shall be clearly marked with a manufacturer date of fabrication. Water Service Conduit All building lots and parcels of land .within a development on the opposite side of the roadway from a water main, or that do not have an accessible water main fronting the location of the proposed meter location, shall be provided with a means for water service. Accessibility to these lands shall be provided by the installation of water service conduits. Conduits shall be a minimum of three -inch diameter PVC with a minimum cover of 24 inches. Conduits shall extend at least five feet past the edge of pavement, sidewalk, bike path, or any other improvement and shall run from lot corners on one side of the street to a lot corner on the opposite side and be capped and marked with a magnetic marker. Markers shall be 3M marker or approved equal. M. Connections to Existing Facilities Connections to existing facilities shall be installed in accordance with Detail W-4 in Appendix D of the Collier County Utility Standards. This detail shall be used for all connections to existing facilities including hot taps and extensions from existing dead end facilities. A section of pipe shall be inserted in the gap specified in said Detail W-4 to connect the new construction to the existing facilities for the purpose of accomplishing the full bore flush. After completion of the flush, the connections shall be removed. The facilities shall be capped as shown in said Detail W-4 until final connection is permitted by the Collier County Water Department at the 6/1/03 SECTION 02706 (CCUD) 120298 Page 16 of 21 16D2 . completion of construction and after finalization of all test procedures and bacterial clearance of the new water facilities. N. Conflict Crossings All storm sewer, irrigation mains and sewage transmission system conflicts with water facilities which must be crossed shall be performed using _AWWA C900, Class 200 PVC with ductile iron fittings. All fittings shall be adequately restrained using retainer glands, stainless steel rods, EBAA Iron Sales, Inc., Megalug, Romac Industries, Inc., Grip Ring, or other approved methods of restraint. Transitional fittings, when approved by the Collier County Water Department Director, shall be located as close to the point of conflict as possible. Air - release assemblies shall be provided as specified in paragraph 13.11.0, below. Gradual deflecting in the water line in lieu of using fittings to clear the conflict will not be permitted if cover exceeds four feet, zero inches. A minimum vertical clearance of 18 inches shall be provided between the water main and bottom of conflict. In cases where new water mains cross over existing storm drains the 18 inch minimum clearance requirement may be reduced, upon approval by FDEP, to 12 inches provided a 12 -inch sand cushion is placed between the pipes. When new water mains cross gravity sewer, sewer force mains, or irrigation mains, the 18 -inch minimum shall be maintained. If possible water mains shall not cross under sanitary lines. Where there is no alternative to crossing under sanitary lines, the 18 -inch minimum clearance shall be maintained and the crossing shall be arranged so that the sewer pipe joints and the water pipe joints are equidistant from the point of crossing with not less than 10 feet separation between any two joints. O. Air Release Assemblies Air release assemblies shall be provided throughout the distribution system at high points and on both sides of conflict crossings. In cases where reversal of flow is not expected, the air release assembly shall be provided at high points and on the upstream side of conflict crossings. High points shall be deemed as a deviation of six (6) pipe diameters. Air release valves shall be suitable for use with potable water or treated effluent. An isolating valve shall be provided below the air valve to allow removal of the valve assembly. The entire assembly shall be constructed in accordance with Detail W -5 in Appendix D of the Collier County Utility Standards. For all water mains 14 inchs and smaller an Empire Combinetic, Figure #945, combination air release valve shall be utilized. For water or effluent mains 16 inches and greater, the Design Engineer will specify the air release valve sizing. P. Bacterial Sample Points For the purpose of new potable water main construction, bacterial sampling points shall be positioned at the beginning of each new system, at 1000 foot intervals, and all dead ends unless otherwise directed. These sampling 6/1/03 SECTION 02706 (CCUD) 120298 Page 17 of 21 16D2 . facilities will be utilized by Collier County Water Department personnel for water main bacterial clearance procedures. At the completion of the Project permanent sampling points shall remain every 3000 feet or one at the 2/3 point if the line is less than 3000 feet long. All others shall be removed down to the main and properly capped by the CONTRACTOR. The permanent sampling points shall be constructed in accordance with Detail W-6 in Appendix D of the Collier County Utility Standards. At the CONTRACTOR'S discretion, appropriately located fire hydrants may be utilized in lieu of the temporary sampling valves specified above. Udder this circumstance, the CONTRACTOR will be solely responsible for maintaining the hydrants in a satisfactory environment for conducting the bacterial testing. Use of the hydrants does not preclude the requirements for permanent sampling points as previously specified. Q. Concrete Collars AN gate valve boxes, air release assembly and permanent sample points outside paved surfaces shall be provided with a concrete collar set to finish grade. The collar shall have a minimum thickness of six inches and the outside dimension of the pad and the reinforcement shall be as shown in 3/6/2005 Detail S -14 of the Collier County Utility Standards. Concrete shall have a minimum compression strength of 3000 psi at 28 days. R. Water Main Encasement The encasement of water mains in concrete shall only be made after review and approval by Collier County. S. Water Meter Installation Unless specified by the Collier County Water Department, all water meters larger than two inches shall be installed above ground. These meters shall be equipped with a backflow preventer installed by the CONTRACTOR at this cost. The type of backflow device utilized shall be as manufactured by Combrco, Febco, Wilkins. All large potable meters will be furnished and installed by the CONTRACTOR. T. Valving Requirements Valves, in sufficient numbers, shall be provided at all intersections and branches to allow zone isolation of distribution areas to limit the impact of line break and service disruption to customers. In -line gate valves shall be provided at no greater than 1000 foot intervals when no other valves exist within internal distribution systems. All gate valves through 20 inch shall be of the resilient seated wedge type, conforming to AWWA C509, latest revision. All valves shall be furnished with valve boxes extending to finished grade. Valve box risers shall be cast iron full depth. PVC risers shall not be used. 6/1/03 SECTION 02706 (CCUD) 120298 Page 18 of 21 16D2 0 See Detail S -14 in Appendix C of the Collier County Utility Standards for typical valve setting standards. All valves shall be American made. Buried service butterfly valves shall be of the rubber -seat type with enclosed geared operators and integrally cast mechanical joint ends, all in accordance with AWWA C 504, Class 150 -B. Valves shall have cast iron or ductile body, ductile iron valve disc, Type 304 stainless steel valve shaft, and self - lubricating nylon sleeve type shaft bearings. Butterfly operators shall be fully gasketed and oil filled to withstand an external water pressure of 10 psi minimum. A valve position indicator shall be furnished for installation in each valve box. Indicator shall be hermetically sealed for installation inside a cast iron valve box and shall show valve disc position, direction of rotation, and number of turns from fully opened to fully closed. Indicator shall be provided by the valve manufacturer, complete. All valves, gate or butterfly, shall be internally and externally epoxy coated. U. Testing AA meters and backflow devices shall be tested and certified by a Certified Backflow Tester prior to preliminary acceptance and on an annual basis. V. Testing and Clearance Procedures All water facilities shall be subjected to pressure testing and disinfection conforming to the AWWA Standards C600 and C602, latest revision. 1. Temporary meters may be applied for at the Collier County Water Department office between 8:00 a.m. and 5:00 p.m., Monday through Friday, under the conditions provided in Ordinance Number 86-67 as may be amended from time to time. 2. Temporary meters will be installed for the purpose of supplying construction water to meet the County requirement for new water line construction as listed below and require a minimum of 48 hours advanced notice. All backflow devices shall be reduced pressure type and shall be certified in accordance with the Collier County Utility Standards. 3. Temporary meters will be installed by County personnel as depicted in Detail W-4 of the Collier County Utility Standards. W. Line Filling Lines under construction will be filled utilizing water supplied by the temporary meter and will be performed by the CONTRACTOR. All lines 12 inches and larger shall be pigged to clear debris prior to full bore flushing. X. Full Bore Flush 611103 SECTION 02706 (CCUD) 120298 Page 19 of 21 16D2 . Full bore flush will be performed by Collier County Water Distribution personnel at all times. During full bore flushing the CONTRACTOR will be permitted to install a spool piece to close the gap illustrated in Detail W4 of the Collier County Utility Standards. Upon completion of the flushing, connection to the County's facilities shall be returned to the configuration shown in Detail W4 of the Collier County Utility Standards. Y. Chlorination Line chlorination will be performed utilizing water supplied by the temporary meter to supply water for the purpose of chlorinating newly constructed potable water lines. This procedure will be performed by the CONTRACTOR, and requires 48 hour written notice to Water Department prior to performance. Z. Post Chlorination Flushes Post chlorination flushes shall be performed by the CONTRACTOR. All chlorine injected into the system for disinfection shall be flushed from the system at least 24 hours prior to the collection of bacteriological samples. AA. Bacteriologicals. Bacteriological sample collection will be performed using the water supplied by the temporary meter for supplying pressure during sample collection of newly constructed potable water lines. This procedure will require written notice a minimum of two days prior to performance. These procedures are to be performed on Monday through Thursday, unless otherwise directed by Collier County Water Operations. Under no circumstances shall any person other than an authorized County Water Utilities Department employee operate valves, make service taps, or tamper with County distribution facilities. BB. Laboratory Testing and Sample Collection All potable water facilities shall be subject to bacteriological sample collection and testing as required by State law. Sample collection shall be by Collier County certified laboratory technicians only. The CONTRACTOR or his agent shall provide the equipment required to supply a continuous sample at the points. Sample points having one day total of 200 noncoliform bacteria or greater will be considered as failed samples. Samples containing one coliform bacterial or greater will be considered as a failed sample. All potable water facilities shall pass bacteriological tests within 15 days of being placed in service for transmission lines and 30 days of being placed in service for distribution lines. 6/1103 SECTION 02706 (CCUD) 120298 Page 20 of 21 16D2 0 3.12 BASIS OF PAYMENT A. The quantities, determined by the methods described above, shall be paid for at the Contract Unit Prices established for each pay item or as part of the Contract Lump Sum, in accordance with the Proposal. Such payment shall constitute full compensation for all Work specified in this Section including all labor, materials, equipment, and other incidental costs required to construct the Work defined in this Section. B. Unless otherwise specified in the Contract Documents, any fittings that are required to maintain horizontal and vertical alignment shall not be paid for separately. The cost of any such fitting shall be included in the Contract Unit Price for the water line to which the fitting is connected. C. Unless otherwise specified in the Contract Documents, restoration Work shall not be paid for separately. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration. D. The cost of rock excavation, including blasting, shall be included in the Contract Unit Price per foot for pipe unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specification Section 02715 ROCK EXCAVATION. END OF SECTION 02706 6/1/03 SECTION 02706 (CCUD) 120298 Page 21 of 21 1 SECTION 02707 STORM SEWERS AND PIPE CULVERTS PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of furnishing and installing a storm drainage system with all the component parts specified in the Contract Documents. Included are storm sewers, pipe culverts, manholes, crossing boxes, inlets, catch basins, pipe end treatments, restoration, and other similar items defined in this Section. 1.02 SCIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. B. WilsonMiller specifications Sections: 02703 TRENCHING AND BACKFILLING 02705 RESTORATION AND GENERAL REQUIREMENTS 02715 ROCK EXCAVATION C. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ". D. All references to "FDOT Index Book' shall mean the latest edition of the "FDOT Roadway and Traffic Design Standards ". 1.03 CUT SHEETS A. Prior to pipeline construction, cut sheets shall be prepared for each pipe run by the responsible entity which stakes out the pipeline for construction. These cut sheets shall be prepared based on pipe installation utilizing laser equipment. Four copies of the cut sheets shall be submitted to the ENGINEER for review. Upon review by the ENGINEER, two copies of the cut sheets will be provided to the CONTRACTOR. PART PRODUCTS 2.01 CORRUGATED ALUMINUM ALLOY CULVERTS A. Aluminum alloy culvert pipe shall meet requirements of Section 945, "FDOTSPEC ". Where bituminous coated aluminum pipe is specified, 6/1/03 SECTION 02707 119757 Page 1 of 10 1602 40 0 4 bituminous coating shall meet requirements of AASHTO M190, for Type A, (Fully Bituminous Coated). 2.02 CORRUGATED STEEL PIPE AND PIPE ARCH A. Corrugated steel pipe, including round culvert pipe, pipe arch and under - drain, and coupling bands for each type, shall conform to requirements of Section 943, "FDOTSPEC ". Corrugated steel pipe shall be bituminous coated, both sides, in accordance with requirements of AASHTO M190, Type A, (Fully Bituminous Coated). 2.03 REINFORCED CONCRETE PIPE A. Reinforced concrete pipe materials shall conform to Section 941, "FDOTSPEC ". B. Reinforced Concrete Pipe (Round) - Unless otherwise specified, reinforced concrete pipe shall meet the requirements of ASTM Designation C 76, "Standard Specification for Reinforced Concrete Pipe ", Class III, Wall Thickness B. Lifting holes will not be permitted in pipe. CONTRACTOR shall only use pipe pint lubricants supplied by or recommended by pipe manufacturer. Lubricant shall be water soluble, nontoxic, and inhibitor to bacterial growth, and shall be nondetrimental to the elastromeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco® cooking oil, grease, etc.) shall not be used. Joints for round reinforced concrete pipe shall be made by use of O -ring, round synthetic rubber gaskets meeting the requirements of Sections 430 -7 and 942 -1, "FDOTSPEC ". C. Reinforced Concrete Pipe (Elliptical) - Elliptical concrete pipe shall meet the requirements of ASTM C507, except exceptions and modifications to ASTM C76, as specified in Section 941 -1.3, "FDOTSPEC" shall apply also to elliptical pipe. Standard elliptical pipe shall meet requirements of Table I for Class HE -III and special elliptical pipe shall meet requirements of Table I for Class HE -IV. Lifting holes will not be permitted in pipe. D. Reinforced Concrete Pipe (Arch Pipe) - Arch concrete pipe shall meet the requirements of ASTM C506, except exceptions and modifications to ASTM C76, as specified in 941 -1.3., "FDOTSPEC" shall apply where applicable to arch pipe. Lifting holes will not be permitted in pipe. E. Joints for Elliptical and Arch Concrete Pipe - Field joints for elliptical and arch concrete pipe shall be made with a preformed plastic gasket material. Gasket material shall meet the requirements of Section 942 -2, "FDOTSPEC ". Material shall be Ram -Nek as manufactured by K.T. Snyder Co. or approved equal. 6/1103 SECTION 02707 119757 Page 2 of 10 16D2 . 2.04 CORRUGATED POLYETHYLENE PIPE A. Corrugated polyethylene pipe shall meet the requirements of AASHTO M294 specification, except size range shall be expanded through 36 inch diameter. Minimum pipe values shall be as follows: DIAMETER INTERIOR PIPE STIFFNESS N FACTOR 12" Smooth 45 psi .012 15" Smooth 42 psi .012 18" Smooth 40 psi .012 24" Smooth 34 psi .012 30" Smooth 28 psi .012 36" Smooth 22 psi .012 2.05 MORTAR, BRICK, AND REINFORCING BARS A. Mortar used for constructing and plastering manholes, catch basins, drop inlets and junction boxes shall meet the requirements of ASTM Specification Serial Designation C -270. CONTRACTOR shall use either a Portland cement - hydrated lime mixture cement or a Portland cement mixture with masonry cement added for improved workability. However, the same materials must be used throughout the Project. Mortar materials shall be proportioned by volume and shall be as follows: One (1) part Type I Portland Cement - ASTM C150 Three (3) parts Aggregate (sand) - ASTM C144 Addition of masonry cement, ASTM C91 will be permitted to improve workability of mortar. B. Brick used in construction of manholes, catch basins, drop inlets, and junction boxes shall be Portland cement concrete meeting the requirements of ASTM Serial Designation C55, Grade P II. C. All bars shall be deformed reinforcing steel and shall meet the requirements of "Specifications for Billet -Steel Bars for Concrete Reinforcement" (ASTM A15), and to "Specifications for Deformation on Deformed Steel Bars" (ASTM A305) for concrete reinforcement. All bars shall be lapped and placed in accordance with AC Requirements and Specifications. 2.06 CONCRETE FOR STRUCTURES A. Work specified in this Section shall consist of furnishing all concrete, reinforcing steel, ties, forms, labor, materials, and placing of all embedded pipe sleeves, fixtures, joist anchors, etc., necessary to complete the Work shown on the Plans and specified herein, all in accordance with the "Southern 6/1/03 SECTION 02707 119757 Page 3 of 10 16D2 . Building Code and the American Concrete Institute Building Code Requirements for Reinforced Concrete" (ACI 318). B. Transit or Ready -Mixed Concrete - Transit or ready -mixed concrete may be used provided it conforms to the strength and tests herein described and further provided that the central plant producing the concrete, equipment, and transporting of it are, in the opinion of the ENGINEER, suitable for production and transportation of the specified concrete. All concrete shall develop 3,000 psi compressive strength in 28 days. Coarse aggregate shall be no smaller than one -half inch (1/2 ") diameter. C. Admixtures - Admixtures for air entrainment in concrete are permitted as long as specified strength and quality is obtained and unless the admixture seems to be giving abnormal field results as evidenced by erratic or excessive air content or low strength. No other admixtures of any type will be permitted without written approval of ENGINEER. A. IRON CASTINGS A. Castings shall meet the requirements of ASTM Specification A48 for Class 30 Grey Iron. They shall be cast in a closed mold with controlled sand and be true to pattern. Castings shall be free from blow holes and porosity, well- cleaned, with fine and sharp edges ground smooth. All circular frames and covers shall have machined (on lathe) bearing surfaces to prevent rattling under traffic. All covers shall have a concealed type pickhole (nonpenetrating), and shall have the words "STORM SEWER" cast thereon. All square and rectangular frames, covers, and grates shall be individually fitted as sets and installed as sets in the field. AN castings shall be as manufactured by United States Foundry and Manufacturing Corporation, with Drawing numbers as shown on the Plans, or approved equal. Upon request of ENGINEER, manufacturer shall also furnish an independent testing laboratory's report of castings supplied. Frame and cover surfaces shall be machined and any tendency to rattle, as determined by tests before or after installation, will be sufficient cause for rejection of frame and cover. 2.08 CROSSING BOXES (CONFLICT BOXES) A. Crossing boxes shall be constructed at the location and depth indicated on the Plans and in accordance with details shown. Crossing boxes shall have inverts with at least one foot clearance between conflicting pipe and bottom of structure or as shown on the Plans. They may be constructed of concrete or brick with top surface plastered. PART 3 EXECUTION A. GENERAL 6/1/03 SECTION 02707 119757 Page 4 of 10 16D2 A. Pipe and structures shall be constructed at the location and elevations specified on the Plans and in accordance with the details specified in the Contract Documents. 3.02 TRENCHING AND BACKFILLING A. Excavation, bedding, and backfilling of trenches during the construction of a storm drainage system shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. 3.03 MATERIAL HANDLING B. Pipe and accessories shall be loaded and unloaded by lifting with hoists or lidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on slddways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the Work, each piece shall be off -loaded near the place where it is to be laid in the trench. 3.04 PIPE LAYING A. In general, corrugated metal pipe shall be installed in accordance with the "Handbook for Steel Drainage and Highway Construction Products ", published by the American Iron and Steel Institute. In general, concrete pipe shall be installed in accordance with the "Concrete Pipe Installation Manual ", published by the American Concrete Pipe Association. B. Laying of pipe in finished trenches shall be commenced at the lowest point and shall progress up grade. All pipes shall be carefully laid, true to the lines and grades given, with hubs up grade and tongue end fully entered into the hub. When pipe with quadrant reinforcement, or circular pipe with elliptical reinforcement is used, pipe shall be installed in a position such that manufacturer's marks designating "top" and "bottom" of the pipe shall not be more than five degrees from the vertical plane through the longitudinal axis of the pipe. Any pipe that is not in true alignment or which shows any settlement after laying shall be taken up and re -laid without additional compensation. Pipe and "pints shall be kept clean at all times. 3.05 SAND CEMENT RIP RAP A. Where the Plans and Specifications call for sand cement bag, construction bags shall be made of burlap. Paper bags will not be permitted. 3.06 PIPE END TREATMENTS A. Where storm drains connect to a lake, location of the headwall or end section shown on the Plans shall be adjusted to fit the slope of the lake bank. Length of pipe at each end treatment shall be adjusted accordingly, and the quantity 6/1/03 SECTION 02707 119757 Page 5 of 10 16D2 . of pipe paid for shall be the actual length installed. Headwall shall be constructed so top of the headwall will intersect the designed location and slope of the lake bank. B. If mitered ends are called for on the Plans, mitered end section shall be constructed so that the top of the pipe end will match and intersect the designed slope of the lake bank, and the concrete collar slope shall conform to the mitered end detail. C. Storm drainage CONTRACTOR and lake excavation CONTRACTOR shall coordinate the location and installation of the headwall or mitered end section to be constructed at the lake bank. All "field adjustments" to end treatment location or elevation shall be approved by the ENGINEER of Record prior to construction. 3.07 JOINING ELLIPTICAL AND ARCH CONCRETE PIPE A. Joint Design - Pipe manufacturer shall furnish the ENGINEER with details in regard to configuration of the joint and the amount of gasket material required to effect a satisfactory seal. Joint surfaces which are to be in contact with the gasket material shall not be brushed or wiped with a cement slurry. Minor voids may be filled with cement slurry provided that all excess cement slurry is removed from the joint surface at the point of manufacture. B. Primer - Prior to application of gasket material, a primer of the type recommended by the manufacturer of the gasket material shall be applied to all joint surfaces which are to be in contact with the gasket material. The surface to be primed shall be thoroughly cleaned and dry when primer is applied. C. Application of Gasket - Prior to placing a section of pipe in the trench, gasket material shall be applied to form a continuous gasket around the entire circumference of the leading edge of the tongue. The paper wrapper on the exterior surface of the gasket materials shall be left in place until immediately prior to joining of sections. The gasket material shall be checked to assure it is bonded to the joint surface immediately prior to placing a joint in the trench. Plastic gasket material shall be applied only to surfaces which are dry. A hand heating device shall be kept at the job site to dry joint surfaces immediately before application of the plastic gasket material. When the atmospheric temperature is below 60E F, plastic joint seal gaskets shall either be stored in an area warmed to above 70EF or artificially warmed to this temperature in a manner satisfactory to the ENGINEER. D. Installation of Elliptical and Arch Concrete Pipe - Handling of a section of pipe after the gasket material has been affixed shall be carefully controlled to avoid displacement of gaskets or contamination of gasket material with dirt or other foreign material. Any gasket displaced or contaminated in handling 6/1/03 SECTION 02707 119757 Page 6 of 10 16D2 . of the pipe shall be removed and repositioned or replaced as directed. Pipe shall be installed in a dry trench. The bottom of the trench shall be carefully shaped so as to minimize the need for realignment of sections of pipe after they are placed in the trench. Care shall be taken to properly align each section of pipe to the gaskets coming into contact. Realignment of a joint after the gaskets come into contact tends to reduce the effectiveness of the seal and shall be held to a minimum. When pipes are joined, the entire joint shall be filled with gasket material and there shall be evidence of squeeze out of gasket material for the entire internal and external circumference of the joint. Excess material on the interior of the pipe shall be trimmed to provide a smooth interior surface. After the pipe is in its final position, joint shall be carefully examined to determine the gasket material is satisfactorily adhering to all surfaces of the joint and the entire joint is filled with gasket material. If a joint is defective, the leading section of pipe shall be removed and the joint resealed. E. In addition to the required gasketed joint, a filter fabric jacket shall be included. The filter fabric jacket shall conform to FDOT Miscellaneous Drainage Detail Index No. 280, Sheet 1. 3.08 INSTALLATION OF CORRUGATED POLYETHYLENE PIPE A. Pipe shall be joined by split corrugated couplings at least seven corrugations wide and exceeding soil tightness requirements of the AASHTO "Standard Specifications for Highway Bridges", Section 23 (2.23.2). Unless otherwise specified by the ENGINEER, a mastic type gasket shall be utilized. B. Pipes and accessories shall be unloaded by using skidways, hoists, or dropping on nonpaved areas in a manner that does not damage the pipe. C. Pipe shall be installed in accordance with ASTM 2321 Specifications. 3.09 PLACING OF CONCRETE FOR STRUCTURES A. Concrete shall be deposited in clean, wet form as nearly as practicable in its final position to avoid segregation. Concrete placing shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the spaces between the bars. Concreting shall be a continuous operation until the panel or section is completed. Beams and slabs shall be poured monolithically unless shown otherwise on the Plans. All structural concrete shall be mechanically vibrated. B. No concrete shall be allowed a free fall of more than four feet or allowed to strike against a vertical or inclined surface or reinforcement above point of deposit. Placing by means of pumping may be allowed, contingent upon the adequacy of the equipment for this particular Work The operation of the 6/1103 SECTION 02707 119757 Page 7 of 10 16D2 . pump shall be such that a continuous stream of concrete without air pockets is produced. C. Placing of concrete shall be so regulated the pressure caused by wet concrete shall not exceed that used in the design of the forms. After the concrete has taken its initial set, care shall be exercised to avoid jarring the forms or placing any strain on the ends of projecting reinforcement. D. Joints between the junction box and manhole walls and incoming and outgoing pipes shall be sealed with Portland cement mortar to form a watertight joint. All pipes in manholes or catch basins shall be sawed off flush with the inside face of the structure, and sawed ends of these pipes shall be grouted with Portland cement mortar to a smooth, uniform covering with no steel exposed. 3.10 CLEANING AND FLUSHING A. Prior to other tests, storm sewer lines shall be cleaned and flushed with a sewer cleaning ball or high velocity jet. 3.11 INFILTRATION TEST A. After completion, storm sewers shall be tested for accuracy in alignment and gradient as herein specified. Gravity sewers will also be tested or gauged to determine the amount of infiltration into or exfiltration out of the sewers, with a maximum limit of two hundred (200) gallons per inch of diameter per day per mile of pipe. 3.12 FINAL INSPECTION OF STORM WATER SYSTEM A. Each sewer upon completion, or at such time as the ENGINEER may direct, is to be cleaned, tested, and inspected. All repairs or alterations shown necessary by these tests shall be made, all broken or cracked pipe removed, all excessive infiltration or exfiltration corrected, all deposits in pipe and manholes removed, and the sewer left clean, true to line and grade, and ready for use. Each section of pipe from manhole to manhole is to show a full circle of light from either end. Each manhole shall be to the specified form and size, to the proper depth, and watertight. 3.13 ADJUSTING EXISTING STRUCTURES A. Existing manholes, catch basins, inlets, crossing boxes, monument boxes, etc., within the limits of the proposed Work, that do not conform to the finished grade of the proposed pavement, or to the finished grade designated on the Plans for such structures, shall be cut down or extended, and made to conform to the grade of the new pavement, or to the designated grade of the structure if outside of the proposed pavement area. 6/1/03 SECTION 02707 119757 Page 8 of 10 16D2 0 The materials and construction methods for this Work shall conform to the requirements specified above. Where manholes are to be raised, the adjustment may, at the CONTRACTOR'S option, be made by the use of adjustable extension rings of the type which do not require the removal of the existing manhole frame. The extension device shall provide positive locking action and shall permit adjustment in height as well as diameter. The particular type of device used shall meet the approval of the ENGINEER. 3.14 RESTORATION A. Existing surfaces or property improvements damaged during the construction of Work specified in this Section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705 RESTORATION AND GENERAL REQUIREMENTS. 3.15 METHOD OF MEASUREMENT A. The quantities of storm sewer and pipe culvert to be paid for under this Section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe with no deductions for manholes, inlets, crossing boxes, or catch basins. 1. For pipe other than the main line where the pipe connects to a manhole, inlet, crossing box, or catch basin, the measurement of the pipe shall extend to the center of the applicable structure. 2. Where a pipe terminates with a mitered end section, the measurement of the pipe shall be in accordance with Index No. 272 or 273 of the FDOT "Index Box". 3. Where a pipe terminates with a headwall, endwall, or other end treatment, except the above mentioned mitered end, the measurement of the pipe shall extend to the end of the pipe. This method also applies where pipe connects to a control structure, weir, or cast in place structures. B. The quantities for manholes, inlets, crossing boxes, and mitered end sections paid for under this Section shall be the number of the various types and sizes satisfactorily completed according to the Contract Documents. 1. Where the pay item description for a manhole (as defined in the Proposal Section of the Contract Documents) specifies a depth, the depth shall be measured from the top of the frame and cover to the invert elevation as shown on the Plans. 6/1/03 SECTION 02707 119757 Page 9 of 10 16D2 . 2. The quantities for headwalls, endwalls, control structures, weirs, or other similar structures shall be either by the volume of concrete or the number of the various types and sizes of structures satisfactorily completed. The method used will be defined in the Proposal Section of the Contract Documents. If the volume method is used, the quantity shall be in cubic yards based on the volume of concrete as calculated in the Plan details. C. The quantities of existing structure adjustment to be paid for under this Section shall be the number of existing manholes, inlets, crossing boxes, or other similar structure satisfactorily adjusted, unless otherwise specified. 3.16 BASIS OF PAYMENT A. The quantities, determined by the methods described above, shall be paid for at the Contract Unit Prices established for each pay item. Such payment shall constitute full compensation for all Work specified in this Section including all labor, materials, equipment, and other incidental costs required to construct the Work defined in this Section. B. Unless otherwise specified in the Contract Documents, restoration Work shall not be paid for separately. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration. C. The cost of rock excavation including blasting shall be included in the Contract Unit Price for pipe or structure unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specification Section 02715 ROCK EXCAVATION. D. Where headwalls, control structures, and other cast in place structures are paid by the cubic yard of concrete required, the Contract Unit Price for concrete shall include the cost of reinforcing steel unless reinforcing steel is established as a separate pay item to be paid by the pound. END OF SECTION 02707 6/1/03 SECTION 02707 119757 Page 10 of 10 16D2 16D2 . SECTION 02708 (CCUD) GRAVITY SANITARY SEWERS (Collier County Utility Division) PART GENERAL 1.01 SCOPE A. The scope of this Section is to cover materials and methods of performing Work necessary for construction and placing in operation gravity sanitary sewers shown on the Plans and herein described and specified. Sanitary sewer systems covered under these Specifications comprise lines, laterals, mains, trunk sewers, service wyes, fittings, manholes, pavement, sidewalk, curb repair, supports, sheeting, and other Work necessary to complete the system in full accordance with the Plans and Specifications. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be the latest edition. B. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING 02705 RESTORATION AND GENERAL REQUIREMENTS 02715 ROCK EXCAVATION 02731 TELEVISION INSPECTION (GRAVITY SEWER) 1.03 CUT SHEETS A. Prior to pipeline construction, cut sheets shall be prepared for each pipe run by the responsible entity that stakes out the pipeline for construction. These cut sheets shall be prepared based on pipe installation utilizing laser equipment. Four copies of the cut sheets shall be submitted to ENGINEER for review. Upon review by the ENGINEER, two copies of the cut sheets will be provided to the CONTRACTOR. PART2 PRODUCTS 2.01 MANHOLE CONSTRUCTION A. Precast Manholes All manholes shall be precast concrete unless otherwise approved by the jurisdictional utility company. 2. Base and first section of manhole barrel shall be an integral cast. Minimum base reinforcing shall be Number 4 at 12 inches each way for 6/1/03 SECTION 02708 (CCUD) 120219 Page 1 of 16 16D2 . four -foot I.D. manholes, and Number 6 at nine inches each way for five - foot and six foot I.D. manholes. Base slab shall have four equally spaced lifting lugs. 3. Straight barrel sections shall be reinforced to meet the requirements of ASTM C478. Minimum wall thickness shall be eight inches. 4. Joints shall be tongue - and - groove sealed with round or other flexible type natural rubber joint rings or by a flexible bitumastic sealing material equal to Ram -Nek as manufactured by R. K. Snyder and Co. In addition to the rubber ring gaskets, interior and exterior voids in pipe joints shall be sealed with a flexible plastic gasket installed in strict accordance with the manufacturer's printed instructions. The manhole manufacturer shall provide rubber joint rings and flexible plastic gasket. 5. Cone section shall be precast concrete with all reinforcing steel and joints as specified for straight barrel sections. 6. Concrete shall be Type II in all manholes. 7. Manhole base sections shall be set on a 12 -inch bedding of uniformly graded crushed stone. Bedding stone shall meet the requirements of ASTM, C33, and shall extend one foot beyond the periphery of the base. 8. Drop connections shall be constructed as detailed on Plans. 9. Prior to construction, if different from the approved Plans, Shop Drawings of typical manhole and manhole connection shall be submitted by the CONTRACTOR to ENGINEER for review and approval. B. Sewer Brick Brick used in construction of manholes and manhole inverts shall be clay or shall be brick meeting the requirements of ASTM Specification, Serial Designation C 32, Grade MM. 2. Brick shall be sampled and tested in accordance with ASTM, Specification, Serial Designation C 67 and any subsequent revisions thereof. 3. Test reports shall accompany all shipments of brick and two copies shall be furnished to the ENGINEER for review. Failure to furnish test reports will be sufficient reason for ENGINEER to reject any shipment of brick for use in the Project. 4. Sewer brick shall have a nominal size of 2 % inch x 3 518 inch x 8 inch. 6/1103 SECTION 02708 (CCUD) 120219 Page 2 of 16 16D2 . C. Mortar Mortar for use in constructing and plastering manholes shall meet the requirements of ASTM C270, Type MM. The addition of masonry cement, ASTM C91, will be permitted to improve workability of mortar. Mortar materials shall be proportioned by volume and shall be as follows: 1 part Type II Portland Cement - ASTM C150 3 parts Aggregate (sand) - ASTM C 144 D. Manhole Channel Bottoms Invert channel bottoms shall be smooth and semicircular in shape conforming to inside of adjacent sewer sections. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole will permit. Changes in size and grade of channels shall be made gradually and evenly. Channel height shall match crown of exit connecting sewer. Floor of manhole outside channels shall be smooth and shall slope towards channels as shown on Plans. Drop connections shall be constructed in accordance with details shown on Plans. Channels shall be shaped and constructed to permit placement of a television inspection camera into the main. E. Iron Castings 1. All castings for manhole covers and other purposes shall meet the requirements of ASTM, Designation A 48, Class 30 gray iron. Castings shall be true to pattern in form and dimensions, free from pouring faults, spongings, cracks, blowholes, and other defects. 2. Manhole frames and covers shall be U.S. Foundry and Manufacturing Corporation, Number 420C -ORS, or approved equal. The cover shall be solid and indented with words "SANITARY SEWER" cast thereon. Circular covers must fit the frames in any position. Contact surfaces of both frames and covers shall be machined; and any tendency to rattle, as determined by test before or after installation, will be sufficient cause for rejection of the frame and cover. F. Manhole Tops All manhole tops shall be set flush in paved areas, and 0.2 feet above grade in unpaved areas, unless indicated otherwise on Plans. G. Drop -Pipe to Manholes Drop -pipe to manholes shall be installed by the CONTRACTOR when the difference in invert elevations of intersecting sewers exceeds two feet, or where directed by ENGINEER. The difference in elevation shall be 611103 SECTION 02708 (CCUD) 120219 Page 3 of 16 1602 . measured from the invert of the incoming pipe to the invert at the center of the manhole. 2. Drop -pipe structure shall be constructed according to Plans and Specifications. H. Manhole Connections 1. Manhole connections of pipe shall be watertight. Pipe manhole connection shall be accomplished using a seal or water stop as follows: a. Manhole couplings providing elastomeric gasket seal. Unit to be grouted into manhole wall. b. Manhole couplings providing elastomeric compound grouted and locked into manhole. C. Elastomeric connection ports precast into manhole wall. 2. CONTRACTOR shall submit Shop Drawings to the ENGINEER for approval which define the system of watertight stop. Coating 1. The entire interior and exterior surfaces of precast manholes shall be - coated with two coats of a coal tar epoxy coating to a minimum dry film thickness of 16 mils with Amercoat Number 78, Koppers Bitumastic Number 300 -M, or approved equal in accordance with coating manufacturer's recommendations. This includes any field applications necessary to provide coating to all surfaces. 2.02 GRAVITY SEWER PIPE MATERIALS A. Ductile Iron Pipe and Fittings, Linings, Wraps 1. Ductile iron pipe for use as gravity sewers shall be centrifugally cast in metal molds or sand -lined molds and meet the requirements of AWWA C- 151. Pipe shall be designed for trench condition Type 11 with H -20 live bads. Thickness design shall conform to AWWA C150, except minimum thickness class of pipe shall be Class 51. AN fittings shall be ductile iron and conform to AWWA C110. Pipe and fitting exterior shall be asphaltic coated approximately one mil thick. 2. Joints shall be similar or equal to U.S. Pipe and Foundry Tyton, American Cast Iron Pipe Fastite®, or approved equal. Pipe shall be furnished in standard 18400t or 20 -foot laying lengths. 611/03 SECTION 02708 (CCUD) 120219 Page 4 of 16 16D2 . 3. Gravity pipe of eight -inch diameter and less shall be interior coated with minimum 15 mil thickness coal tar epoxy. Gravity pipes of 10 inches or larger shall be interior coated with polyethylene as described below. a. Polyethylene Lining Materials - Polyethylene lining material for pipe and fittings shall be virgin polyethylene complying with ASTM D1248, compounded with an inert filler and with sufficient carbon black to resist ultraviolet rays during aboveground storage of pipe and fittings. Polyethylene shall be bonded to the interior of the pipe or fitting by heat. b. Polyethylene Application - Polyethylene linings shall cover the inner surface of the pipe or fitting from the plain or beveled end to the rear of the gasket socket. Lining in pipe and in fittings shall be minimum 20 mils nominal thickness. 4. Polyethylene Wrap - Where called for on the Plans, ductile iron pipe shall be polyethylene encased. Polyethylene encasement shall conform to AVWVA C 105. B. Polyvinyl Chloride (PVC) Pipe and Fittings Pipe and fittings for PVC gravity sewers shall be polyvinyl chloride meeting the requirements of ASTM D3034, SDR 35 for pipes smaller than 18 inches, and ASTM Specification F679 for pipes 18 inches and larger. Elastomeric joint gaskets shall conform to ASTM F477. At all conflict crossings, C900, Class 150 or 200 shall be utilized. PART 3 EXECUTION AND ADDITIONAL COLLIER COUNTY REQUIREMENTS 3.01 GENERAL A. Pipe and structures shall be constructed at the locations elevations specified on the Plans and in accordance with the details specified in the Contract Documents. 3.02 MATERIAL HANDLING A. Pipe and accessories shall be loaded and unloaded by rolling with hoists or skidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the Work, each piece shall be off -loaded near the place where it is to be laid in the trench. 6/1/03 SECTION 02708 (CCUD) 120219 Page 5 of 16 16D2 0 3.03 TRENCHING AND BACKFILLING A. Excavation, bedding, and backfilling of trenches during the construction of a sanitary sewer system shall comply with the requirements of WilsonMiller Specifications Section 02703 TRENCHING AND BACK - FILLING. 3.04 GRAVITY SEWER LINE INSTALLATION A. Ductile Iron Pipe In general, ductile iron pipe shall be installed in accordance with the pipe manufacturer's recommendations and the Ductile Iron Pipe Research Association "Handbook of Ductile Iron Pipe ". All pipe cuts shall be by sawing. B. Polyvinyl Chloride (PVC) 1. In general, PVC pipe shall be installed in accordance with ASTM D2321 and Chapter VI, Construction, of the "Handbook of PVC Pipe, Design, and Construction ", published by Uni -Bell Plastic Pipe Association, and in accordance with the pipe manufacturer's recommendations and installation guide. The spigot end reference mark shall be aligned with the bell end in accordance with the manufacturer's recommendations. C. Gasket Joint Lubrication 1. CONTRACTOR shall only use pipe joint lubricants supplied by or recommended by the pipe manufacturer. The lubricant shall be water soluble, nontoxic, an inhibitor to bacterial growth, and shall be nondetrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco ®, cooking oil, grease, etc.) shall not be used. 3.05 LAYING OF PIPE A. Pipe shall be laid in accordance with the Specifications and in accordance with manufacturer's recommendations. Proper tools and equipment shall be used for placement of the pipe in the trench. Under no circumstances shall pipe or accessories be dropped. B. Pipe bells shall be laid on the upstream end. Pipe laying shall commence at the lowest elevation and shall proceed up grade. Whenever pipe laying is interrupted, the open ends of the pipe shall be closed to prevent entrance of trench water, mud, and foreign matter. C. Gravity sewers shall be laid to the exact line and grade called for on the Plans. 3.06 BRANCH FITTINGS 6/1/03 SECTION 02708 (CCUD) 120219 Page 6 of 16 16D2 . A. Fittings for service branches on new construction shall be factory molded with all gasketed O -ring type connections. Taps or fittings made to existing lines shall be made with a factory fabricated tapping saddle or by use of a factory gasketed fitting in conjunction with a repair sleeve coupling with all stainless steel clamps. B. Saddles shall be installed in accordance with the manufacturer's specifications. Holes for saddle connections shall be made by a hole cutter or keyhole type saw based on layout by a template. Holes shall be made to the exact manufacturer's dimension and shall be deburred and beveled. 3.07 SEWER SERVICES A. CONTRACTOR shah install type of building service shown on the Plans. B. House services shall be six inches and shall consist of one (1) 45 degree (45 ) bend and sufficient six -inch pipe to reach the property line. House laterals, wherever possible, shall be laid on a uniform grade from the street sewer to a point three feet below the property line or to the flow line called for on the Plans. When directed by the ENGINEER, the CONTRACTOR may stack the house service outward from the street sewer and upward on an angle of not greater than 45 degrees from the horizontal to a point four feet below the street grade, and then angle on a lesser degree to the property line. Tunneling under curbs, curbs and gutters, or sidewalks will not be permitted. House services shall be plugged at the property line with a factory plug. In locations where a minimum of 30 -inch cover cannot be provided, laterals shall be ductile iron unless length of lateral is 30 feet or less. In those cases, lateral shall be AWWA C900, DR 18 PVC. C. Wye connections shall be installed in the sewer as directed by the ENGINEER or as shown on the Plans. All such wyes, where house connections are not constructed, shall be plugged with stoppers of proper size. The cost of such stoppers shall be included in the cost of such wye connections. D. Trenches for house services shall not be opened on both sides of the street unless permission has been secured to close the street. Unless otherwise directed by ENGINEER, each trench for the house service shall be opened and executed to grade for its full length before the house services are laid. All house connection locations shall be staked by the CONTRACTOR at time of backfilling. 3.08 WYE RECORD A. CONTRACTOR shall accurately measure and record the location of all wyes and house service connections, recording both the location (or "plus ") and distance from the next downstream manhole and the elevation of the invert of the wye or termination of the house connection at the curb line. 6/1/03 SECTION 02708 (CCUD) 120219 Page 7 of 16 16D2 9 B. Records shall be available for inspection of and verification by the ENGINEER throughout the Project and shall be given to the ENGINEER in a neat, organized, and legible form at the conclusion of the Project for delivery to the OWNER. The cost of this record preparation shall be incidental to construction and shall be borne by the CONTRACTOR. 3.09 FINAL INSPECTION OF SEWER COLLECTION SYSTEM A. Prior to all other tests, all sewer lines shall be cleaned and flushed with a sewer cleaning ball or high velocity jet. B. Each sewer, upon completion, or at such times the ENGINEER may direct, is to be tested and inspected. All repairs or alterations shown necessary by these tests shall be made, all broken or cracked pipe removed, all excessive infiltration or exfiltration stopped, all deposits in pipe and manhole remove, and the sewer left clean, true to line and grade, and ready for use. Each section of pipe from manhole to manhole is to show a full circle of light from either end. Each manhole shall be to the specified form and size, to the proper depth, and watertight. C. Any defects found in the system shall be repaired to the satisfaction of the ENGINEER so as to conform strictly to the terms of the Contract. 3.10 INFILTRATION TESTING -- A. After final inspection, gravity sewers shall be tested for infiltration. Allowable infiltration shall not exceed 50 gallons per inch of internal pipe diameter per mile per day including manholes. No additional allowance will be made for house services. 3.11 EXFILTRATION TESTING A. Exhitration testing shall be utilized in dry areas or when the line is sufficiently deep and the ground water level above the pipe is suitably low. The allowable water exfiftration for any length of sewer pipe between manholes should not exceed 50 gallons per inch of internal pipe diameter per mile per day. During exfiltration testing, the maximum internal pipe pressure at the lowest end should not exceed 25 feet of water or 10.8 psi and the water level inside the manhole should be two feet higher than the top of the pipe or two feet higher than the ground water level, whichever is greater. No additional allowance will be made for house services. B. ENGINEER may require the CONTRACTOR to perform an air test on the completed system. The test shall conform to the air testing section of the Uni- Bell " Handbook of PVC Pipe ". 3.12 DEFLECTION TEST FOR PVC PIPE 6/1/03 SECTION 02708 (CCUD) 120219 Page 8 of 16 16D2 . A. Maximum allowable pipe deflection (reduction in vertical inside diameter) shall be five percent. Deflection tests as required by the ENGINEER, shall be performed by the CONTRACTOR at construction locations between successive manholes. Locations with excessive deflection shall be excavated, and repaired by rebedding or replacement of the pipe. Optional devices for testing include a deflectometer, (deflect meter) calibrated television or photography, or a properly "go, no-go" mandrel or sewer ball. For the purpose of deflection measurements, the base inside pipe diameters without deflection are provided in Table 63. Maximum allowable deflection shall be applied to these base inside diameters in determining the minimum permissible diameter. All testing costs shall be borne by the CONTRACTOR and shall be included in the cost per lineal foot of sanitary sewer provided for in the Proposal. TABLE 63 BASE INSIDE DIAMETER FOR DEFLECTION MEASUREMENTS OF ASTM D 3034 DR 35 PVC SEWER PIPE SIZE DR. Avg. O.D. 1.06 X Min. Avg. I.D. Tol. Pck. Base I.D. 4" 33.5 4.215 .1325 3.9500 .0527 3.90 '4" 35 4.215 .1272 3.9606 .0527 3.91 6" 35 6.275 .1908 5.8934 .1018 5.79 8" 35 8.400 .2544 7.8910 .1272 7.76 10" 35 10.500 .3180 9.8640 .1529 9.71 12" 35 12.500 .3816 11.7368 .1786 11.56 15" 35 15.300 .4632 14.3736 .2292 14.14 NOTE: Base I.D. is a minimum pipe I.D. derived by subtracting a statistical tolerance package from the pipe's average I.D. The tolerance package is defined as the square root of the sum of squared standard manufacturing tolerance. Avg. I.D. = Avg. O.D. - 2 (1.06)t Tolerance Package = A2 +B2 +132 +C2 A = O.D. Tolerance (ASTM D3034) B = Excess Wall Thickness Tolerance = 0.06t C = Out -of- Roundness Tolerance = 0.015 (Avg. O.D.) t = Minimum Wall Thickness (ASTM D3034) 6/1/03 SECTION 02708 (CCUD) 120219 Page 9 of 16 16D2 . 3.13 TELEVISION INSPECTION A. Television inspection shall be performed for all gravity sewer in accordance with the requirements of WilsonMiller Specifications Section 02731 TELEVISION INSPECTION (GRAVITY SEWER). 3.14 ADJUSTING EXISTING STRUCTURES A. Existing manholes, within the limits of the proposed Work, that do not conform to the finished grade of the proposed pavement, or to the finished grade designed on the Plans for such structures, shall be cut down or extended, and made to conform to the grade of the new pavement, or to the designated grade of the structure if outside of the proposed pavement area. The materials and construction methods for this Work shall conform to the requirements specified above. Where manholes are to be raised, the adjustment may, at the CONTRACTOR'S option, be made by the use of adjustable extension rings of the type which do not require the removal of the existing manhole frame. The extension device shall provide positive locking action and shall permit adjustment in height as well as diameter. The particular type of device used shall meet the approval of the ENGINEER. 3.15 CLEAN OUTS A. Clean outs shall be constructed according to the details and at locations shown on the Plans. 3.16 LOCATOR DISKS A. Locator disks shall be the type that is compatible with the OWNER'S location equipment and approved by the OWNER'S Representative prior to installation. They shall be placed in locations specified in the Plans or as otherwise specified in the Contract Documents. 3.17 RESTORATION A. Existing surfaces or property improvements damaged during the construction of Work specified in this Section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705 RESTORATION AND GENERAL REQUIREMENTS. 3.18 METHOD OF MEASUREMENT A. The quantities of sanitary sewer to be paid for under this Section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe with no deductions for manholes or fittings. 6!1103 SECTION 02708 (CCUD) 120219 Page 10 of 16 16D2 . Where the pay item description for pipe specifies a depth of cut, the depth shall be determined by measuring the vertical distance from the existing surface to the invert of the pipe as shown on the Plans. B. The quantities for manholes to be paid for under this Section shall be the number of the various types and sizes satisfactorily completed according to the Contract Documents. Where the pay item description for a manhole specifies a depth, the depth shall be measured from the top of the frame and cover to the lowest invert elevation of the manhole as shown on the Plans. C. The quantity of sewer services to be paid under this Section shall be either by the linear foot or by each service. If by linear foot, the pay quantity shall be the length of pipe satisfactorily completed measured along its centerline from the hub of the wye to the right -of -way or pipe end as shown on the Plans. If by each, the pay quantity shall be the number of sewer services satisfactorily completed according to the Contract Documents. D. The quantity for timber pipe cradle shall be the actual length of timber pipe cradle installed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe requiring the cradle. E. The quantities of existing structure adjustment to be paid for under this Section shall be the number of existing manholes satisfactorily adjusted, unless otherwise specified. F. The quantities of locator disks and clean outs shall be the number of disks or clean outs satisfactorily installed according to the Contract Documents unless otherwise specified. 3.19 SPECIAL COLLIER COUNTY UTILITY SYSTEM REQUIREMENTS A. Improvements being constructed in areas under jurisdiction of the Collier County Utility Division shall be constructed in accordance with the technical requirements of Collier County Ordinance Number 97 -17 and the Collier County Utility Standards (CCUS). The specifications in Subsection 3.18 are in addition to those contained elsewhere in this Section 02708 (CCUD) Gravity Sanitary Sewers (Collier County Utility Division). B. All sewer pipe, material, equipment and appurtenances shall be new. C. All PVC sewer pipe shall be green in color or shall be encased in green polyethylene bags. D. Ductile Iron Pipe. All ductile iron pipe shall have a minimum thickness conforming to Pressure Class 150 as specified by the latest revision to AWWA C150 for all installation in open, grassed, non- traffic areas. Within 611/03 SECTION 02708 (CCUD) 120219 Page 11 of 16 16D2 . traffic areas and under pavement a minimum thickness conforming to Class 51 shall be utilized. All pipe shall have a minimum tensile strength of 60,000 psi, a minimum yield strength of 42,000 psi, and a minimum elongation of 10 percent as specified by AWWA C151, latest revision. All pipe shall have an exterior bituminous coating conforming to AWWA C151, latest revision. All pipe shall be interior coated with a 20 mil to 40 mil thickness polyethelene coating in conformance with ASTM 1248. Joints for ductile iron pipe shall be either of the slip -on type using a single rubber gasket, or mechanical joint type conforming to AWWA C111, latest revision. Ductile iron pipe for gravity sewer applications shall only be permitted if approved on the Plans by the Collier County Utility Division. All nuts, bolts, retainer rings, and other devices shall be made of high strength, low alloy metal and shall be supplied by the pipe manufacturer. Ductile iron pipe approved for use as stated above shall be designed in accordance with AWWA C150, AWWA C151 and ASTM A746. E. Polyvinyl Chloride Pipe. All unplasticized PVC pipe shall be of the integral wall bell and spigot joint type which meets or exceeds all requirements set forth in ASTM D3034, latest revision. Minimum wall thickness shall conform to DR35. Fittings shall be made of PVC plastic as defined by ASTM SDR26 1784, latest revision, ductile mechanical joint AWWA C153 or restrained joints if specified by the ENGINEER of Record. Flexible gasketed 'pints shall be compression type conforming to ASTM D3201, latest revision. Elastomeric joint gaskets shall conform to ASTM F477, latest revision. At all conflict crossings using four inch to 12 inch substitute C900 PVC, Class 200, DR14 and for PVC pipe 16 inches and larger use DR25. Special pipe adapters used to make these connections shall be indicated by type and model number on the construction Drawings. F. Manholes. Manholes shall be of the precast concrete type, utilizing 4000 psi Type II cement, with a minimum wall thickness of eight inches, per Details S -3, and S-4 in Appendix C of the Collier County Utility Standards. Inlet and outlet pipes shall be joined to the manholes with a gasketed flexible, elastomeric boot -type watertight connection. Joints in all precast manhole riser sections shall be sealed with Ram -Nek, Kent-Seal, or other acceptable rubber or bituminous sealing compound. Manhole steps will not be permitted. Only nonpenetrating lift holes through precast manholes will be permitted and shall be sealed with a nonshrink grout. Minimum inside diameter of all manholes shall be four feet, zero inches. A drop pipe shall be provided for a sewer entering a manhole at an elevation of 24 inches or more above the manhole invert. Drop manholes shall be constructed with an outside drop connection using proper fittings. The entire outside drop connection shall be encased in concrete. See Detail S -5 in Appendix C of the Collier County Utility Standards. A smooth channeled transition shall be provided between all inverts within each manhole. Manhole exteriors shall be double coated (minimum 18 mils thick) with an approved bituminous or epoxy sealer. A minimum fall of 0.10 feet of 611/03 SECTION 02708 (CCUD) 120219 Page 12 of 16 16D2 . drop from inlet pipe to outlet pipe invert shall be provided through all manholes. Due to the difficulties in gravity sewer construction, a 25 percent tolerance from design to as -built conditions on the drop across the manhole will be permissible. All manhole interiors shall be coated (minimum 36 mils thick) with an approved bituminous or epoxy sealer or shall be lined with a high density polyethylene protective liner such as Suregrip HDPE liner, manufactured by Agru, distributed by U.S. Precast Corp., or approved equal. G. Castings and Access Covers.— All manhole rings and covers shall conform to ASTM Designation AA8 -76, Class 30. Covers shall be of the solid, indented type with nonpenetrating pickholes and the words "COLLIER COUNTY SEWER" cast thereon. All seat surfaces shall be machined smooth to prevent rocking. Manhole rings shall be adjusted to finished grade through the use of precast concrete riser rings and concrete bricks or clay bricks. A maximum of three (3) courses shall be used. If adjustment exceeds this limit, then precast riser rings shall be utilized in conjunction with the brick. Each ring shall be set in a bed of mortar to bond and seal the rings. All manholes shall have O- ring gasketed covers with machined bearing surfaces. The O- ring shall be in a dovetail groove with a loose "O" ring that is not under tension or compression. All ring covers shall be grouted in place. H. Infiltration/Exfiltration.— The allowable limits of infiltration or exfiltration for the entire system, or any portion thereof, shall not exceed a rate of 50 gallons per inch of inside pipe diameter per mile of pipe per 24 hours. No additional allowance will be made for house service lines. Prior to testing for infiltration, the system shall be pumped out so that normal infiltration conditions exist at the time of testing. The amounts of infiltration or exfiltration shall be determined by pumping water into or out of calibrated drums, or by other methods approved by the Public Works Division, such as in -line V -notch weirs. The cumulative results of the entire collection system results shall not be a satisfactory method for gauging infiltration compliance. Each sewer section between manholes must permit infiltration only up to the maximum allowable, as specified herein above. The procedures and limitations for conducting infiltration/exfiltration tests shall be established at the preconstruction conference on a project by project basis. All testing shall be run continuously for 24 hours, unless the County Inspector can visually verify that this test duration is not required due to the observed infiltration/exfiftration rate. The exfiltration test, when required due to groundwater levels, will be conducted by filling the portion of the system being tested with water to a level two feet above the uppermost manhole invert in the section being tested. Where infiltration or exfiltration exceeds the allowable limits specified herein, the defective pipe, joints, or other faulty construction shall be located and repaired by the CONTRACTOR. If the defective potions cannot be located, the CONTRACTOR shall remove and reconstruct as much of the Work as is necessary in order to conform to the specified allowable limits. All visible leaks shall be repaired regardless of the amount of leakage. The CONTRACTOR 611/03 SECTION 02708 (CCUD) 120219 Page 13 of 16 16D2 . shall provide all labor, equipment and materials, and shall conduct all testing required. I. Gravity Sewers - Visual Inspections — On completion of each block or section of sewer, or at such other time as the ENGINEER may direct, the block or section of sewer is to be cleaned, tested, and inspected. Each section of the sewer is to show, on examination from either end, a full circle of light between manholes. Each manhole, or other appurtenance to the system, shall be of the specified size and form, be watertight, neatly and substantially constructed, with the rim set permanently to design position and grade. The CONTRACTOR shall make a television inspection of all lines after all other testing has been successfully completed. Any defective Work or necessary correction brought out during this inspection must be corrected by the CONTRACTOR, at his expense, before the lines can be accepted by the county or appropriate water sewer district. J. Gravity Sewer - Television Inspection — Complete television inspection shall be provided by the CONTRACTOR prior to the Project's preliminary acceptance inspection and at the one (1) year warranty inspection to demonstrate that the gravity sewer system is watertight and has no defects. Each section of line is to be video taped in color on a standard high quality VHS tape and turned over, along with a written report, to the Wastewater Department for review. The tape and report shall display data on pipe size, pipe type, invert depth, date, time, footage from manhole, and location of main. All repairs shown necessary by this inspection are to be made, any broken or cracked pipe replaced, and all deposits removed, leaving the sewers clean and ready for service. All joints or laterals shown to be leaking shall be excavated and repaired or sealed with an environmentally approved grout. Any time a line is repaired or sealed, a reinspection is required to demonstrate that the sewer is free of any leaks or defects. Any defective Work or necessary correction shown during television inspections during construction must be corrected by the CONTRACTOR, at his expense, before the lines will be accepted by the Board or placed into service if operated on an interim basis and maintained by a private utility or other private ownership. All corrective measures required and identified during warranty inspections must be accomplished by the CONTRACTOR, at his expense, before final release of the Performance Bond provided for the construction. K. Force Main Pressure Testing. All force mains shall be designed by the ENGINEER of Record and subject to pressure testing at the following standards: 6/1/03 SECTION 02708 (CCUD) 120219 Page 14 of 16 System Operating Pressure 50 psi or less Greater than 50 psi 16D2 Test Pressure Duration 100 psi 2 hours 150 psi or 2 times 2 hours the operating pressure, whichever is greater. 11 Allowable leakage on force mains shall be computed utilizing the standards for water loss in conformance with AWWA C600, the latest revision. L. Conflicts and Clearances with Other Facilities. Sanitary sewer lines, storm mains and /or force mains shall be separated from water mains by a minimum clear vertical distance of 18 inches and a horizontal distance of 10 feet, zero inches. See Detail S -15 in Appendix C of the "Collier County Utility Standards ". When this standard cannot be maintained, the sewer line shall be concrete encased for a distance of ten feet each way from the water line and any other conduit, with a minimum vertical clearance of 12 inches being provided at all times. AN crossings with vertical clearance less than 18 inches shall be made using thickness Class 200 AWWA C900 PVC pipe or if necessary Pressure Class 250 ductile iron pipe for a distance of 10 feet each side of the crossing. The sewer pipe in these locations shall be backfilled with bedding stone or sand to a height six inches above the crown of the pipe. 3.20 BASIS OF PAYMENT A. The quantities determined by the methods described above, shall be paid for at the Contract Unit Prices established for each pay item. Such payment shall constitute full compensation for all Work specified in this Section including all labor, materials, equipment, and other incidental costs required to construct the Work defined in this Section. B. Payment for drop manholes shall include the cost for the drop piping in addition to all other costs involved in a regular manhole. - C. Payment for sewer services by the linear foot shall include the cost of the fitting which connects the service to the sewer main. Payment for sewer services by each shall include the cost of the connecting fitting, the length of pipe specified, clean out, .cap, and any incidental costs required to install the sewer service according to the Contract Documents. D. Clean outs shall be paid as a separate pay item when the sewer services are paid by the linear foot. Such payment shall include the cost of all component parts as specified in the Plan details. E. Pipe fittings shall not be paid for separately but shall be included in the cost of pipe unless otherwise specified in the Contract Documents. 6/1/03 SECTION 02708 (CCUD) 120219 Page 15 of 16 16D2 . F. Unless otherwise specified in the Contract Documents, restoration Work shall not be paid for separately. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration. G. The cost of television inspections at the preliminary acceptance and one year final acceptance, as specified in this Section, shall be included in the Contract Unit Price for sanitary sewer pipe; and no additional payment will be allowed unless a separate pay item is established in the Contract Documents. H. The cost of rock excavation including blasting shall be included in the Contract Unit Price for pipe or structures unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specifications Section 02715 ROCK EXCAVATION. END OF SECTION 02708 6!1/03 SECTION 02708 (CCUD) 120219 Page 16 of 16 16D2 0 SECTION 02709 PRESSURE PIPELINE CONSTRUCTION PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of construction requirements common to the installation of all types of pressure pipelines including water main and force main. Included are requirements for material handling, pipe laying, jointing, anchoring, transition details, and valve installation. B. This Section is meant to be referenced by and used in conjunction with the particular pressure pipeline specified in the Contract Documents. Should any part of this Section conflict with the Section for Water Lines (or similar Section), the Water Line (or similar) Section shall take precedence over the conflicting part of this Section. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. WilsonMiller Specifications Section: 02703 TRENCHING AND BACKFILLING B. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.03 TRENCHING AND BACKFILL A. Excavation, bedding, and backfilling of trenches during the construction of pressure pipelines shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. B. Bell Holes - Holes for the bells shall be provided at each pint, but shall be no larger than necessary for joint assembly and assurance the pipe barrel will lie flat on the trench bottom. 3.04 HANDLING MATERIAL A. Pipe, fittings, valves, hydrants, and accessories shall be loaded and unloaded by lifting with hoists or fork lifts so as to avoid shock or damage. Under no circumstances shall materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. 6/1/03 SECTION 02709 119439 Pagel of 4 16D2 B. Pipe shall be handled so coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, repair shall be made by CONTRACTOR according to recommendations of the manufacturer and satisfactory to ENGINEER. 3.05 PIPE LAYING A. Pipe lines shall be laid and maintained to required lines and grades with fittings and valves at required locations, spigots centered in bells, and all valve stems plumb. B. Pipe and fittings shall be inspected for defects and all lumps, blisters, and excess coal tar coating removed from the bell and spigot ends of each length of pipe. Outside of the spigot and inside of the bell of all pipe shall be wiped clean and dry before pipe is laid. C. Every precaution shall be taken to prevent foreign material from entering the pipe while being placed. ENGINEER may require that before lowering the pipe into the trench, a heavy, tightly woven canvas bag of suitable size shall be placed over each end and left there until the connection is made to preceding pipe. During laying operations no debris, tools, clothing, or other material shall be placed in the pipe. D. After placing a length of pipe in the trench, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. Pipe shall be secured in place with approved backfill material tamped under it except at the bells. Pipe and fittings which do not allow a sufficient and uniform space for joints shall be removed and replaced with pipe and fittings of proper dimensions to insure such uniform space. Manufacturer's recommendations as to limits of deflection of joints shall be strictly adhered to. E. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the ENGINEER. Joints of pipe in the trench which cannot be completed shall be caulked with packing to make them as watertight as possible. This provision shall apply during the noon hour as well as overnight. If water is in the trench, seal shall remain in place until the trench is pumped completely dry. F. Cutting of pipe for inserting valves, fittings, or closure pieces shall be done without damage to the pipe or lining, and so as to leave a smooth end at right angles to the axis of the pipe. All pipe shall be cut in accordance with the pipe manufacturer's specifications and recommendations. 3.06 JOINTING A. Mechanical Joint Pipe - All mechanical joints shall be made up in strict accordance with the manufacturer's specifications using such special tools as stipulated by him. Gaskets shall be evenly seated, the gland placed in position, and bolts hand tightened before final tightening with wrenches. B. Compression - Pipe utilizing rubber gasket compression type joints shall be coupled in strict accordance with the printed instructions furnished by pipe manufacturer. 611/03 SECTION 02709 119439 Page 2 of 4 16D2 . C. PVC Polyvinyl Chloride Pipe - PVC pipe shall be coupled in strict accordance with the printed instructions of the pipe manufacturer. 3.07 COVER A. In general, cover on all pressure pipes shall be 30 inches minimum or 48 inches maximum, or any greater quantity necessary to insure the operating nuts of the valves have clearance below bottom of valve box cover. Grade of sanitary sewer service laterals shall be considered in field determination of pipe cover. 3.08 ANCHORING A. All plugs, caps, tees, and bends deflecting 22 1/20 or more on mains four inches in diameter or larger shall be provided with reaction backing, or movement shall be prevented by attaching suitable metal rods or clamps as shown or specified. B. Reaction backing shall be ready -mix concrete having a compressive strength of not less than 3,000 psi in 28 days. Hand mixing will not be permitted. Backing shall be placed between solid ground and the fitting to be anchored. Area of bearing on the pipe and on the ground in each instance shall be that shown on Plans. Backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. C. Metal harnesses of tie rods or clamps of adequate strength to prevent movement may be used instead of concrete backing, if approved in writing by the ENGINEER. Steel rods or clamps shall be stainless steel. Restrained pipe joints may be required in addition to reaction blocking. The use of restraints does not alleviate the requirement for reaction blocking unless the plans specifically state "no reaction blocking required ". 3.09 TRANSITION DETAILS A. At locations of interconnections, bypasses, manifolds, pipe size changes, or other transitions requiring numerous fittings and adapters, ENGINEER may require the CONTRACTOR to submit for approval, detailed Shop Drawings of the respective transition prior to construction. Where detailed Drawings at such transitions are included on the Plans, CONTRACTOR may submit for approval detailed Plans of alternate design. In any case, prior to construction of a transition, CONTRACTOR shall inform ENGINEER of the proposed design, including number and type of fittings, for approval. 3.10 VALVE INSTALLATION A. Before installation, valves shall be thoroughly cleaned of all foreign material and inspected for proper operation. Valves shall be installed so stems are vertical, unless otherwise directed by the ENGINEER. Jointing shall meet the requirements of AWWA C600. Joints shall be tested with adjacent pipeline. If joints leak under test, valves shall be disconnected and reconnected and pipeline retested. B. Faces of flanges shall be cleaned thoroughly before flanged joint is assembled. After cleaning, the gasket shall be inserted and the nuts tightened uniformly around the flange. 611/03 SECTION 02709 119439 Page 3 of 4 16D2 . If flanges leak under test, the nuts shall be loosened, the gasket reset or replaced, the nuts retightened, and the valve and pipeline retested. 3.11 VALVE BOX INSTALLATION A. Center valve boxes and set plumb over the valve. Set valve boxes so they do not transmit shock or stress to the valves. Set valve box covers to finished grade or as shown. Cut extensions to the proper length so valve box does not ride on the extension when set at grade. B. Backfill shall be the same as specified for the adjacent pipe. Place backfill around the valve boxes and thoroughly compact to a density equal to that specified for the adjacent trench and in such a manner that will not damage or displace the valve box from proper alignment or grade. 3.12 BASIS OF PAYMENT A. Work specified in this Section will not be paid for separately, but shall be included in the costs for the construction of the particular pressure pipeline specified in the Contract Documents. END OF SECTION 02709 6/1/03 SECTION 02709 119439 Page 4 of 4 SECTION 02715 ROCK EXCAVATION PART1 GENERAL 16D2 . A. The Work specified in this Section consists of the excavation and disposal of rock and boulders encountered during the construction of water main, sanitary or storm sewer, pressure pipeline, or other underground utilities including structures shown on the Plans. 1.02 REFERENCES A. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING 02820 EXCAVATION AND EMBANKMENT 1.03 GENERAL SUBSURFACE DESCRIPTION A. When the results of soil survey are provided, such data is not to be construed as a guarantee of the depth, extent, or character of material present. It is the sole responsibility of the CONTRACTOR to make such examination at the site of the Work as may be necessary to inform himself of the conditions under which the Work is to be performed. B. Refer to Instruction to Bidders (Examination of Contract Documents and Site) and to Supplementary or Special Conditions. 1.04 REGULATORY REQUIREMENTS A. The CONTRACTOR shall comply with any governmental agency blasting ordinance applicable at the time of construction. B. The CONTRACTOR shall obtain all permits required before the removal of overburden material, drilling, or delivery of explosives. PART PRODUCTS 6/1/03 119770 Not Used SECTION 02715 Page 1 of 3 16D2 . PART 3 EXECUTION 3.01 EXCAVATION OF ROCK A. All rock and boulders shall be excavated to the width and depth that permit the construction and installation of the specified Work. Unless otherwise specified in the Contract Documents, governmental codes or ordinances, and permit requirements, the method used to remove rock and boulders shall be determined by the CONTRACTOR. 3.02 BLASTING A. Blasting or splitting of rock to facilitate rock excavation shall be the option of the CONTRACTOR, unless otherwise specified. Any blasting or splitting shall comply with the provisions of the Contract Documents, govemmental codes or ordinances, and the blasting permit. 3.03 UTILIZATION OF ROCK A. Excavated rock may be utilized on -site if authorized by the OWNER'S representative in writing and provided the material complies with the size requirements for backfill material in Section 02703 TRENCHING AND BACKFILLING or for embankment material in Section 02820 EXCAVATION AND EMBANKMENT. B. If the excavated rock does not meet the size requirements referred to above, the CONTRACTOR may split, crush, or screen the material to conform to those size requirements. 3.04 DISPOSAL OF EXCAVATED ROCK A. All excavated rock that is not utilized on -site shall be disposed of by the CONTRACTOR at a location outside the Project limits. B. All such material disposed of outside the Project limits shall become the property of the CONTRACTOR and he shall therefore be responsible for any liability resulting from the ownership, hauling, or disposing of such excavated material. 3.05 METHOD OF MEASUREMENT A. Not applicable for this Section. 3.06 BASIS OF PAYMENT A. The cost of rock excavation, including blasting, shall be included in the Contract Unit Price for each Work item requiring rock removal. 6/1103 SECTION 02715 119770 Page 2 of 3 16D2 . B. Where the disposal of rock or boulders creates a deficiency of backfill or embankment material, the cost of furnishing replacement material shall be included in the Work item requiring rock removal with no additional payment allowed. END OF SECTION 02715 6/1/03 SECTION 02715 119770 Page 3 of 3 16D2 SECTION 02726 JACKING AND BORING 1.01 SCOPE 16D2': A. This Section covers materials and Work necessary to jack and bore a utility system under and across the area shown on the Plans. 1.02 GENERAL REQUIREMENTS A. All materials and methods of installation for crossings by jacking and boring shall be subject to the ENGINEER'S approval and in accordance with the Plans, Specifications, and requirements of the permit issued by the controlling agency of the facility being crossed. The cost of abiding by provisions of the permit shall be considered incidental to the Contract. B. CONTRACTOR shall give officials of the controlling agency and ENGINEER adequate notice of the anticipated time and duration of the crossing construction. C. Jack and bores in general shall conform to the requirements of the "Florida Department of Transportation Utility Accommodation Guide ". 1.03 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. PART 7 Mammas 2.01 STEEL CASING PIPE A. Unless otherwise specified by the controlling agency, steel casing pipe shall be ASTM A 129, Grade A pipe, of the sizes and thicknesses shown on the Plans. Joints shall be welded. 2.02 CASING WALL THICKNESS A. Steel casings shall conform to the Pipe Schedule Chart shown on the Detail Sheet in the Plans. B. Minimum thickness for pipe diameters not shown shall be the same as required for the next larger size listed in the Plans. 611/03 SECTION 02726 120516 Page 1 of 3 16D2 . PART 3 FX NITION 3.01 CASING INSTALLATION A. Bored installations shall have a hole diameter which shall not exceed the outside diameter of the casing pipe. Where unstable soil conditions are found to exist, boring operations shall be conducted in such a manner as not to be detrimental to the facility being crossed. If excessive voids or too large a bored hole results, or if it is necessary to abandon a bored hole, prompt remedial measures shall be taken by the CONTRACTOR, subject to approval by ENGINEER and controlling agency of the facility being crossed. B. Once boring and jacking operations are started, the Work shall be continuous until completed in order to guard against the "grazing" of the casing due to settlement and compaction of surrounding soil. 3.02 CARRIER PIPE INSTALLATION A. The entire length of casing shall be complete before any carrier pipe is placed. Carrier pipe materials and installation shall conform to requirements specified elsewhere, except as hereafter indicated or as required by the controlling agency permit. B. The carrier shall be pushed or pulled (depending upon piping material, joint type, and method of pipe support) into the casing as pipe lengths are assembled. Carrier shall be adequately blocked all around to prevent any movement and to attain specified grade for gravity lines. The proposed carrier pipe installation shall be approved by the ENGINEER prior to starting the crossing. Carrier pipe support shall be provided along the entire length of the carrier. Support shall consist of filling the void space between the carrier and casing with granular fill (sand or pea gravel). C. After successful testing has been performed, as specified elsewhere, recheck alignment and grade. 3.03 SEALS AND VENTS A. At each end of casings, provide seals for the annular space between the casing and carrier pipes. Seals and vents, if any, shall be as shown on the Plans and required by the permit. 3.04 BASIS OF PAYMENT A. Payment for crossings will be based upon the lineal foot price stated in the Proposal for steel casing of the specified diameter. Payment shall constitute full compensation for all labor, materials, permits, and equipment required to complete the installation, within the limits shown. No additional payment for trench excavation and backfill, for furnishing and placing pipe, or for any 6/1/03 SECTON 02726 120516 Page 2 of 3 16D2 . other items will be made within the limits as shown on the Plans. Carrier pipe will be paid for separately. END OF SECTION 02726 6/1/03 SECTION 02726 120516 Page 3 of 3 16D2 16D2 0 SECTION 02731 TELEVISION INSPECTION (GRAVITY SEWER) PARTI GENERAL 1.01 DESCRIPTION A. Furnish the mobile television inspection studio, all television equipment, all other necessary types of equipment, and all materials, electricity, labor, technicians, etc. as may be needed to perform the closed circuit television inspection of the sewers. No Work is authorized under this Section unless the OWNER'S Representative is present. 1.02 REFERENCES Not Used. 1.03 PROJECT RECORD DOCUMENTS A. Video Tape: The tape shall display data on the pipe size, pipe type, invert depth, date, time, footage from manhole, and location of main. B. Log or Record: Keep a daily log or record covering the television inspection Work and the information acquired therefrom. This daily log or record shall contain the following data: 1. Date and time. 2. Sewer line location (street name and manhole to manhole). 3. Size and length of line, type of pipe material, invert of pipe, etc. 4. Name of television control technician or supervisor in charge. 5. Name of OWNER'S Representative at the site. 6. Cleanliness and general condition of pipe. 7. Root intrusion location and description. 8. Notes and location on changes in sewer line grades, dips, sags, etc. 9. Notes and location on changes in alignment of pipe. 10. Sewer service line location, type (Y or YY), position on the periphery of the pipe, condition and /or description of the tap, etc. 11. Pipe damage and character, type and location of such damage. 6/1/03 SECTION 02731 119774 Pagel of 5 16D2 0 12. Infiltration points location from manhole, location on periphery of the pipe, estimated amount of infiltration in gallons per minute (GPM), and a description of the infiltration point (i.e. joint, break, hole, etc.) 13. Photographs acquired (photo, location). C. Submit one copy of the videotape and two copies of the log or record, typed and bound, to the ENGINEER. PART 2 EQUIPMENT 2.01 TELEVISION CAMERA A. The color television camera used for sewer line inspection shall be one specifically designed and constructed for such inspection Work Lighting for the camera shall be adequate and suitable, and adjustable to allow a clear picture of the entire periphery of the pipe. The camera shall be waterproof and shall be operative in 100 percent humidity conditions. B. The camera (or different cameras) shall be small enough to pass through and clearly televise the interior of a six inch diameter sewer or larger. C. The camera focal length or distance shall be adjustable through a range of six inches to infinity. The television camera shall be capable of transmitting a picture having riot less than 600 lines of resolution. D. To ensure optimum or peak picture quality throughout all conditions that may be encountered during the sewer inspection Work, the variable intensity control of the camera lighting and the adjustments for focal length and iris control shall be under the direct control of the television control technician at the central control panel in the television inspection studio. The camera speed and the direction of movement shall also be controlled by the television control technician in the television inspection studio. 2.02 TELEVISION MONITOR A. The view seen by the color television camera shall be transmitted to a monitor of not less than 12 inches measured diagonally. The television monitor shall be capable of receiving and displaying a picture having not less than 500 lines of resolution. The television monitor shall be located inside the mobile television studio. B. The picture shall be free at all times of electrical interference and shall provide a clear stable image. C. The central control panel, television control, etc. shall be located in the mobile television studio that can be moved in a safe and orderly manner throughout the job site. 6/1/03 SECTION 02731 119774 Page 2 of 5 16D2 . 2.03 VIDEOTAPE A. The videotape recording system shall be capable of recording and reproducing a picture having not less than 500 lines of resolution. The videotape recorder shall be one on which both sound and video information can be recorded utilizing a one -half inch VHS video cassette system. B. The video taping and monitoring equipment shall have the built-in capability to allow the OWNER'S Representative to instantly review both the audio and video quality of the videotape productions at all times during the television survey. Playback speed shall be continuously adjustable from one -third speed (for slow motion viewing) to normal playback speed. C. Videotape recordings shall be enclosed in vinyl plastic containers which shall clearly indicate the date the tape was taken, the designated section(s) of sewer line(s) contained on the tape, and the referenced sewer inspection report covering the section(s) of sewer line(s) so included. 2.04 PHOTOGRAPHS A. CONTRACTOR shall furnish all equipment required for taking instant developing color photographs of the view which appears on the monitor. A camera having the proper lenses and mountings as required to properly frame the monitor shall be available for making the photographs. Photographs which include less than the total screen area or which extend appreciably beyond the total screen in width or height will not be acceptable. B. The photographic record shall include the photograph number, the location of the photograph in reference to the nearest foot from the manhole, date of the photograph, and the corresponding TV inspection report number. This same information shall be recorded in indelible ink on the back of the photograph. PART 3 EXECUTION 3.01 TELEVISION INSPECTION A. All gravity mains in the Collier County Utility Division service area or those mains to be connected to their system shah be television inspected. Complete television inspection shall be performed at CONTRACTOR'S expense prior to the project's preliminary acceptance inspection and at the one (1) year warranty inspection to ensure that the gravity sewer system is watertight and has no defects. Each section of line is to be videotaped in color on a standard, high - quality VHS tape and turned over to the Utilities Division Wastewater Department for review. B. The above television inspections of all lines shall be conducted in such a manner that the television control technician or supervisor (and the OWNER'S Representative) can determine the sewer line is thoroughly cleaned, and all 6/1/03 SECTION 02731 119774 Page 3 of 5 16D2 0 leaking joints, pipe breaks, line sag or dips, service lines, roots, etc. can be accurately seen and located within and along the sewer line. C. The operation of the television equipment shall be controlled by a skilled technician who shall be located at the control panel in the mobile television inspection studio. Control of the television equipment may be accomplished by means of remote control winches, or by telephone, or other suitable means of communications between the television control technician in the mobile television inspection studio and the technicians operating the winches at either end of the manhole section being inspected. The television control technician in the mobile television inspection studio shall at all times be able to move the television camera through the sewer in either direction without loss of quality in the video presentation on the television monitor. The television image on the monitor shall at all times be free of electrical interference and shall provide a clear, stable image and picture. D. The camera shall be moved through the line in either direction at a uniform rate to allow adequate evaluation by the control technician, stopping when necessary to insure proper documentation of the sewer's condition. The travel speed of the camera shall be uniform and not exceed 30 feet per minute. In addition, the camera shall be stopped at flowing or leaking service connections to investigate the origin of the leakage. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line. If during the inspection operation the television camera will not pass through the entire section between manholes, the CONTRACTOR shall reset his equipment in a manner so that the inspection can be performed from the opposite manhole. If again the camera fails to pass through the entire section, the inspection shall be considered incomplete and additional inspection Work will be required after repairs are made. E. The camera should be able to travel a minimum of 450 feet without having to reset the equipment. Unless approval is given or requested on site by the OWNER'S Representative, sewer lines shall be viewed against the flow. F. The accuracy of measurements cannot be stressed too strongly. Measurement for location of defects shall be at the ground level by means of a metering device. Marking on cable, or the like, which would require interpolation for depth of manhole, will not be allowed. A measuring device shall be incorporated so that the exact location of the equipment within the line can be noted at all times and shall be displayed on the monitor. G. To facilitate the television inspection of various sections of sewer lines having "sags" or depressions filled with water, a high pressure jet cleaner shall be utilized to dewater the settled or sagged section of sewer line. The high pressure jet cleaner shall be used to pull the water away from the front of the television camera thereby exposing most of the pipe interior for television inspection. The television inspection of these "sags" or depressed areas is 6/1/03 SECTION 02731 119774 Page 4 of 5 1602 . most important since these depressed areas are frequently caused by broken pipe, poor service line connections, or open pipe joints, and are usually locations of probable infiltration and trouble. The OWNER'S Representative in the field shall determine when the high pressure jet cleaner shall be utilized for this type of Work. 3.02 REPAIRS A. All repairs shown necessary by this inspection are to be made, any broken or cracked pipe replaced, and all deposits removed, leaving sewers clean and ready for service. All joints or laterals shown to be leaking shall be excavated and repaired or sealed with an approved grout as supplied by Cues, Inc. Anytime a line is repaired or sealed, a reinspection is required at the CONTRACTOR'S expense to ensure the sewer is free of any leaks or defects. Any defective Work or necessary correction shown during television inspections during construction must be corrected by the CONTRACTOR, at his expense, before the lines will be accepted by the utility or placed into service. All corrective measures required and identified during warranty inspections must be accomplished by the CONTRACTOR, at his expense, before final release of the Performance Bond provided for the construction. 3.03 METHODS OF MEASUREMENT A. The quantity for Work specified in this Section shall be by the lump sum only when a separate pay item is established in the Contract Documents. 3.04 BASIS OF PAYMENT A. Payment shall be made in accordance with WilsonMiller Specifications Section 02708 GRAVITY SANITARY SEWERS. B. Where lump sum payment is specified, the amount of any periodic payment shall be based on the percentage of satisfactorily completed sewer pipe. C. The cost of the second television inspection at the end of the warranty period shall be included in either the contract price established or, if no separate pay item is established, shall be included in the contract linear foot price of the sewer pipe. In either case, no separate payment will be made for the inspection at the end of the warranty period. END OF SECTION 02731 611!03 SECTION 02731 119774 Page 5 of 5 16D2 1602 . SECTION 02813 SEEDING, MULCHING, AND SODDING PART1 GENERAL 1.01 DESCRIPTION A. Work specified in this Section consists of the required sodding or seeding and mulching operation within the right -of -way or designated areas. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 SEEDING AND MULCHING A. Furnish all labor, material, and equipment to prepare shoulders and backslopes from edge of pavement or back of concrete gutter to the right -of- way lines or other designated areas. All Work shall be accomplished in accordance with Section 570, Grassing and Mulching of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ", hereinafter referred to as "FDOTSPEC ". Rates of application after shoulder surface is prepared are as specified. B. Distribute 8-8 -8 fertilizer at the rate of 900 lbs. per acre. C. Sow a mixture of 50% - 50% Bahia and Bermuda seed at the rate of 50 lbs. per acre. D. Spread live Bermuda sprig mulch at the rate of two inch loose thickness layer, cut in and rolled. E. Water shall be evenly applied until growth is initiated or until sufficient local rainfall activity will insure growth. F. Hydro seeding and mulching may be used in lieu of the above and shall be in accordance with Section 571, "FDOTSPEC ". 6/1/03 SECTION 02813 120579 Page 1 of 2 16D2 . 3.02 SODDING A. Areas designated for sodding shall be sodded in accordance with Section 575 of "FDOTSPEC ". 3.03 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. The OWNER reserves the right to add to or deduct from the scope of the Work, and such additions or deductions will be made at the unit prices established in the Proposal. The said additions or deductions shall not exceed twenty -five percent (25 %) of the item base bid of the successful BIDDER or BIDDERS. Seeding and Mulching: The quantity of seeding and mulching shall be paid on the basis of the unit price established for the area in acres. The unit price shall include all costs of equipment, labor, and material to perform the grading, seeding, mulching, fertilizing, disking, and watering required to establish growth. 2. Sodding: The quantities of sodding as determined above shall be paid for at the Contract price per square yard of sodding. Such prices and payments shall be full compensation for all Work, materials, sod, water, fertilizer, etc. necessary to establish a sodded area. END OF SECTION 02813 6/1/03 SECTION 02813 120579 Page 2 of 2 16D2 . SECTION 02814 CONCRETE CURBS, GUTTERS, MANHOLE FRAMES, STORM INLETS, ETC. PART1 GENERAL 1.01 SCOPE A. These Specifications make reference to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, hereafter referenced as "FDOTSPEC ". Work covered in this Section consists of furnishing all plant, labor, equipment, materials and the performing of all operations necessary for construction of: All concrete curbs, gutters, walks, medians, aprons, etc. 2. All stormwater inlets including throat inlets, catch basins, and grated inlets. 3. Adjustment or installation of sanitary and storm manhole frames and covers, or grates, inlet grates, gate valve boxes, and other similarly exposed utilities in paved areas. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. PART PRODUCTS 2.01 CONCRETE CONSTRUCTION A. All concrete and concrete Work shall conform to the following Specifications unless otherwise noted on the Plans. All concrete specified in this Section shall attain a minimum compressive strength of 3000 psi in 28 days. B. Concrete Mix Materials Coarse aggregate shall be hard, clean, washed gravel, or crushed stone. Minimum aggregate size shall not be larger than one inch nor smaller than one -half inch equivalent diameter. Fine aggregate shall be clean, sharp sand. Water shall be clean, fresh, free from injurious amounts of minerals, organic substances, acids, or alkalis. Cement shall be Type 1, domestic Portland cement, meeting the requirements of ASTM C150. VWD04- 11981S Ver. 01 t- MEW rvo Z5555S55-555 - -D 16D2 . C. Concrete Admixtures Air entrainment admixtures in concrete are permitted in accordance with manufacturer's specifications provided specified strength and quality are maintained, and unless admixtures appear to be causing abnormal field results, and total entrained air content does not exceed 5.0 percent. No other admixture of any type will be permitted without written approval of the ENGINEER. D. Reinforcement Steel Reinforcing bars shall be intermediate grade, new billet steel, deformed bars, free of loose rust, scale, dirt, or oil, and shall conform to ASTM A15, Specifications for Billet -Steel Bars for Concrete Reinforcement". Rebar deformations shall conform to ASTM A305. Welded wire fabric for concrete reinforcement shall conform to ASTM A185, Specifications for Welded Steel Wire Fabric for Concrete Reinforcement , . An reinforcement steel shall be placed, spliced, lapped, etc., in accordance with the ACI Standard 318, "Building Code Requirements For Reinforced Concrete ". E. Transit Or Ready -Mixed Concrete 1. Transit or ready -mixed concrete may be used provided it meets the requirements of ASTM C94, "Ready -Mixed Concrete ", and provided the central plant producing the concrete, the batching, mixing, and transportation equipment, in the opinion of the ENGINEER, is suitable for the production and transportation of the specified concrete. PART 3 EXECUTION 3.01 CONSTRUCTION METHODS A. Work shall be performed to lengths and cross - sections shown on the Plans. Forms shall be of sufficient strength to resist pressure of the concrete without springing. Bottom forms shag not be removed within twenty -four hours after concrete has been placed. Side or top forms shall not be removed within twelve hours after concrete has been placed. Upon removal of forms, minor defects shall be corrected with a rich mix of cement mortar. Curbs, gutters, walks, or medians shall be finished until a smooth surface is attained. Final finish shall be a light broom finish. When completed, concrete shall be cured as specified. 3.02 PLACING OF CONCRETE A. Concrete shall be deposited in clean, wet forms and, as nearly as practicable, in its final position to avoid segregation. Concrete placing shall 6/1/03 SECTION 02814 119825 Page 2 of 6 1602 . be carried on at such a rate that the concrete is at all times plastic and flows readily into spaces between the bars. Concreting shall be a continuous operation until the panel or section is completed. All structural concrete shall be vibrated. No concrete shall be allowed a free fall of more than four feet or allowed to strike against a vertical or inclined surface or reinforcement above the point of deposit. Placing by means of pumping may be allowed, contingent upon the adequacy of the equipment for this particular Work The operation of the pump shall be such that a continuous stream of concrete without air pockets is produced. Placing of concrete shall be so regulated that pressure caused by wet concrete shall not exceed that used in the design of the forms. After concrete has taken its initial set, care shall be exercised to avoid jarring the forms or placing any strain on the ends of projecting reinforcement. 3.03 MACHINE- LAYING A. Machine laying of Work will be permitted, providing all quality conditions of conventional construction are met. B. As a specific requirement for machine laid curb and gutter, contraction joints shall be sawed unless an alternate method of constructing them is approved in writing by the ENGINEER. Joints shall be sawed as soon as the concrete has hardened to the degree that excessive raveling will not occur and before uncontrolled shrinkage cracking begins. Contraction joints shall be spaced at intervals of ten feet, except where a lesser interval is required for closure; but no section shall be less than four feet in length. 3.04 CURING A. As soon as practicable after finishing, all concrete shall be covered with burlap and kept moist for a period of seven days or an approved membrane curing compound may be applied at the CONTRACTOR'S option. Where membrane curing compound is used, no walking or other traffic will be allowed over the slab for 72 hours after application unless the surface is protected by burlap or heavy building paper. Curing shall meet the requirements of "FDOTSPEC" Section 520 -8. 3.05 JOINTS A. Construction Joints: Joints not shown or specified shall be located as to least impair the strength and appearance of the Work. Placement of concrete shall be carried on at such a rate that the surfaces of concrete which have not been carried to joint levels will not have attained initial set before additional concrete is placed thereon. B. Contraction Joints: Curbs and gutters and valley gutters shall be constructed with contraction joints at intervals of 10 feet except where shorter intervals are required for closures, but no joint shall be constructed at intervals of less 6/1/03 SECTION 02814 119825 Page 3 of 6 16D2 . than four feet. Sidewalks and concrete medians shall be constructed with contraction joints at intervals equal to the width of the walk or median respectively unless otherwise noted on the Plans. Contraction joints may be of the open type or sawed. Construction and construction procedures of contraction joints shall conform to the specifications set forth in the "FDOTSPEC ". C. Expansion Joints: Curbs, curb and gutters, and valley gutters shall be constructed with expansion joints at all inlets, all radius points, all points where operations cease for any considerable time, and at intervals of not more than 500 feet. Walks and concrete medians shall be constructed with expansion joints at points of walk or median termination against an unyielding surface and at intervals not to exceed 100 feet. Expansion joints shall be constructed with PVC slips encasing the reinforcing bars. Expansion joint material shall be one -half inch bituminous impregnated expansion joint material which meets the requirements of "FDOTSPEC ", 932 -1.1. Expansion joints between the sidewalk and the curb or driveway, or at fixed objects and sidewalk intersections shall be one -half inch joints, formed with a preformed joint filler meeting the requirements specified in "FDOTSPEC ", 932 -1.1. 3.06 CONTRACTORS RESPONSIBILITIES A. CONTRACTOR is fully responsible for all concrete and concrete Work and finishes and shall reject all delivered concrete and finishes not meeting these Specifications. CONTRACTOR shall also be responsible for securing laboratory tests or reports if such tests or reports are requested by ENGINEER. B. ENGINEER may, at his discretion, request that specified tests be conducted and reports furnished at the CONTRACTOR'S expense. Normally the ENGINEER will not require testing of more than one set of three compression test cylinders per 50 cubic yards, (or part thereof). 3.07 EXCAVATION AND BACKFILL A. Excavation shall be to the required depth, and supporting earth, base, or subgrade shall be compacted. When the Plans can for a stabilized subgrade under the curb or gutter, subgrade shall be stabilized and tested, if required, as set forth elsewhere in these Specifications and as indicated on the Plans. When the Plans call for a soil- cement base, subgrade supporting the curb or gutter shall be compacted by watering, rolling, or tamping to 95 percent of maximum density as determined by AASHTO T180. Subgrades for walks and concrete medians shall be compacted to a firm, even surface by means of rolling, watering, and /or tamping. 6/1/03 SECTION 02814 119825 Page 4 of 6 16D2 . B. After the concrete has set sufficiently, but not later than three days after placing, the spaces in front and back shall be backfilled with suitable material and compacted. When street bases are to be constructed adjacent to curbs, gutters, etc., the curbs, gutters, etc., shall be properly backfilled and shall cure for a period of not less than three days before any base material is placed against it. 3.08 STORM WATER INLETS A. Construction of storm water inlets shall include all Work and materials necessary for final construction by CONTRACTOR of throat inlets, catch basins, grated manholes, or other storm water inlets. B. Construction of throat inlets shall be to the lines, elevations, and dimensions shown on the Plans and include forming of the throat and construction of the top slab with frame and cover and supporting walls. C. Construction of grated inlets, catch basins, manholes, etc., shall be to the elevations and dimensions shown on the Plans. Construction shall include any reasonable adjustment and realignment of the grate necessary (if grates are installed by the previous CONTRACTOR), or the installation of inlet grates. Frames shall be secured in mortar and the mortar struck smooth inside and out. 3.09 MANHOLE FRAMES AND COVERS A. Manhole frames with covers or grates in paved areas shall be installed /adjusted (see Proposal) flush with the final paved surface. Frames and covers shall be milled to prevent rocking of the cover when passed over by a motor vehicle. Frames shall be secured in mortar or concrete and surfaces struck smooth inside and out. Gate valve boxes and other similarly exposed utilities shall be raised or lowered as required to insure a flush, even surface with the adjacent paved area. 3.10 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. OWNER reserves the right to add to or deduct from the scope of the Work and such additions or deductions will be made at the unit price established in the Proposal. The said additions or deductions shall not exceed 25 percent of the base bid of the successful BIDDER or BIDDERS. B. Units of payment stated in the Proposal cover the following: Concrete Curbs, Gutters, Walks, Medians and Valley Crossing: Payment for concrete curb and gutters, vertical curbs, and valley gutters shall be on the basis of actual lineal feet in place. Payment for valley crossings shall be on a per unit basis. Concrete medians 6/1103 SECTION 02814 119825 Page 5 of 6 16D2 shall be paid on the basis of actual square feet in place. Concrete walks shall be paid on the basis of actual linear feet completed, unless otherwise noted in the Proposal. Concrete aprons, inlet channels, etc., shall be paid on the basis of actual square feet completed, unless otherwise noted. Unit cost for the construction of the above stated Work shall include all equipment, labor, and materials and shall include all excavation, trenching, subgrade compaction, backfilling, etc., necessary to perform the Work in accordance with the Plans, Specifications, and good construction practices. 2. Storm Water Inlets: Payment for storm water inlets, as defined herein, shall be on a unit basis. Unit cost of construction shall include all labor, equipment, materials, excavation, backfilling, structural adjustments, etc., necessary to perform the Work in accordance with the Plans, Specifications and good construction practice. Payment for the installation or adjustment of manhole frames and covers or grates shall be included in the cost of storm water inlets. Unit costs shall include all materials, equipment, labor backfilling, etc., necessary to perform the Work in accordance with the Plans, Specifications, and good construction practice. Costs for adjustment of gate valve boxes and other similar utilities in paved areas shall be considered as incidental. END OF SECTION 02814 6/1/03 SECTION 02814 119825 Page 6 of 6 16D2 . SECTION 02817 CLEARING AND GRUBBING PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of clearing and grubbing within areas specified in the Contract Documents or as directed by the OWNER'S Representative. Work under this Section includes removal and disposal of all trees, brush, stumps, grass, roots, and other such protruding objects. Also included is the removal and disposal of buildings, structures, e)asting pavement, other ebsting facilities, and debris not required to remain or to be salvaged that is necessary to prepare the area for the proposed construction. CONTRACTOR shall notify all utility companies or utility OWNER'S (both public or private) of their intent to perform such Work and shall coordinate field location of utility lines prior to commencement of construction. B. Other miscellaneous Work considered necessary for the complete preparation of the overall Project site is also included under this Section. Work includes, but is not limited to, the following: 1. Plugging of wells encountered within the Project limits which are to be abandoned. 2. Leveling and restoration of terrain outside the limits of construction for purposes of facilitating maintenance and other post - construction operations. 3. Trimming of certain trees and shrubs within Project limits for utilization in subsequent landscaping of the Project. 4. Plugging or sealing of culvert pipes or other structures to prevent erosion or collapse of adjacent soils. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PART2 PRODUCTS Not Used 6/1/03 SECTION 02817 119832 Page 1 of 7 1602 . PART 3 EXECUTION 3.01 CLEARING AND GRUBBING A. Clearing and grubbing shall consist of complete removal and disposal of all items stated in Article 1.01 which are not specified for removal under other items of the Contract. B. Unless otherwise shown in the Plans or Contract Documents, standard clearing and grubbing shall be done within the following areas: C. All areas where any type of excavation is to be done. 1. All areas where any type of embankment will be constructed. 2. All areas where any type of structure, including pipe culverts or pipe lines, will be installed or constructed. 3. All areas where any type of pavement will be constructed. 4. Other areas designated in the Plans or by the Specifications. D. Depths of Removal 1. In areas listed below all roots and other debris shall be removed to a depth of at least one foot below ground surface. The surface shall then be plowed to a depth of at least six inches and all roots exposed shall be removed to a depth of at least one foot. All stumps including subsurface roots shall be completely removed to the satisfaction of the ENGINEER. Trees shall be removed so roots are pulled out rather than broken or sawed off. Areas requiring the removal methods stated in this paragraph are as follows: a. Excavation areas where the excavated material is to be used in embankment construction under permanent structures such as but not limited to pavement and buildings. b. Embankment areas under permanent structures such as but not limited to pavement, buildings, sewage treatment facilities, bridges, etc. C. Excavation areas where roots or similar vegetation in the top one foot would interfere with disking, harrowing, or finish grading operations prior to seeding or landscaping. d. Lots and building areas. 611/03 SECTION 02817 119832 Page 2 of 7 16D2 . 2. In all other excavation areas not listed above where clearing and grubbing is to be done, all roots, stumps, and debris protruding through or appearing on the surface of the completed excavation shall be removed or cut off below the excavated surface. In all other embankment areas not listed above where clearing and grubbing is to be done, all roots, stumps, and debris protruding through or appearing on the surface shall be removed to a depth of at least one foot below the surface; but no plowing or harrowing will be required in these areas. E. Trees to Remain: As an exception to the above provisions, where so directed by the OWNER'S Representative, desirable trees within the clearing limits shall be protected, left standing, and trimmed to prevent damage to limbs during construction. No equipment shall stand, stop, or travel across or inside the drip line of any trees or vegetation designated to be saved or protected. F. Boulders: Any boulders laying on the top of the existing surface or otherwise encountered during the clearing and grubbing shall be removed and disposed of by the CONTRACTOR in areas provided by the CONTRACTOR. As an alternate to off -site disposal, and at the CONTRACTOR'S expense, he may elect to utilize these boulders in embankments provided the conditions of Article 3.04 in Section 02820 are satisfied. Any breaking or splitting of boulders that may be necessary to comply with size requirements for embankment shall be incidental to the cost of clearing and grubbing. No boulders or rock shall be left or placed in building pads, lots, or building embankment areas. 3.02 SELECTIVE CLEARING AND GRUBBING A. Selective clearing and grubbing shall consist of removing and disposing of all vegetation, obstructions, etc. as provided above, except that in nonstructural areas where the CONTRACTOR so elects, roots may be cut off flush with the ground surface. Stumps shall be completely removed. Undergrowth shall be completely removed except in areas designated by the OWNER'S Representative for aesthetic purposes. B. Desirable trees that are designated by the OWNER'S Representative to remain, shall be protected and trimmed in such a way to avoid damage to limbs during construction. 3.03 SPECIAL CLEARING AND GRUBBING A. In certain areas* that are inaccessible by machines or are considered environmentally sensitive, ENGINEER may specify special clearing and grubbing. Where listed as a separate pay item, special clearing and grubbing shall consist of removal and disposal of all trees, brush stumps, roots, 6/1/03 SECTION 02817 119832 Page 3 of 7 16D2 debris, or other objects protruding through the surface by cutting off flush with the ground surface. The use of any machinery that would disturb the original ground surface condition will not be permitted. 3.04 ERADICATION OF EXOTIC VEGETATION A. Where listed as a separate pay item, eradication of exotic vegetation shall consist of removal and disposal of "Australian Pine ", "Melaleuca ", "Brazilian Pepper", "Florida Holly ", and other species specifically stated on the Plans or specified herein. Also included shall be the removal of the subsurface root system for each exotic. B. In areas where removal is modified to permit cutting off flush within the ground surface, stump and root system shall be treated with an agency approved chemical herbicide that will ensure the eradication of the root system. C. Within the limits established for the eradication of exotic vegetation, all other trees, brush, etc. not classified as exotic shall be removed, unless designated to remain in the field by the OWNER'S Representative. The removal and disposal of nonexotic vegetation shall conform to the provisions of Article 3.01. 3.05 REMOVAL OF EXISTING PAVEMENT A. Work specified in this Article consists of the removing and disposing of existing pavement surfaces such as but not limited to pavement, sidewalk, curb, and gutter where shown in the Plans, or required to be removed during construction operations, or as required by the ENGINEER. 3.06 REMOVAL OF EXISTING STRUCTURES A. Work specified in this Article shall include removal and disposal of existing buildings, bridges, pipes, and structures of whatever type as specifically shown in the Plans to be removed or as otherwise specified for removal in the Contract Documents. Also included are structures of whatever type or portions thereof which are encountered during construction operations. Where partial removal of a structure is approved by the ENGINEER, the portion of the existing structure shall be backfilled, plugged, or fined in such a way that will prevent the settlement, movement, erosion, or collapse of the adjacent soils. 3.07 BURNING ON -SITE A. Unless otherwise stated in the Contract Documents, burning will be permitted within the Project limits provided the burning operation complies with all applicable laws, ordinances, and other regulatory agencies. All permits required shall be obtained prior to the start of burning and all permit 6/1/03 SECTION 02817 119832 Page 4 of 7 16D2 . regulations strictly adhered to. All burning shall be done at locations where trees and shrubs adjacent to the cleared area will not be harmed. 3.08 DISPOSAL OF MATERIALS A. Timber, stumps, roots, brush, boulders, rubbish, and other objectionable material resulting from Work specified in this Section shall be disposed of off -site in locations provided by the CONTRACTOR. 3.09 OWNERSHIP OF MATERIALS A. Except as may be otherwise stated in the Contract Documents, all buildings, structures, appurtenances, and other materials removed by the CONTRACTOR shall become the property of the CONTRACTOR, to be disposed of in areas provided by him. 3.10 METHOD OF MEASUREMENT A. General: For the various items of Work specified in this Section when listed as a separate pay item, payment shall be made by the unit price or the lump sum amount as established in the Contract Documents. Where no separate pay item is established, the cost of all such Work shall be included in the various scheduled items of Work specified in the Contract Documents, except as provided below. B. Clearing and Grubbing: Measurement of clearing and grubbing shall include only the areas specified in the Contract Documents that are required to be cleared to permit the construction of the various items of Work. Areas that are cleared for convenience, access, or other purposes that are not a requirement of construction will not be measured for payment. C. Selective Clearing and Grubbing: Measurement of selective clearing and grubbing shall include all areas shown in the Plans or designated in the field by the OWNER'S Representative. This measurement shall include the total area within the limits of selective clearing and grubbing and no deduction shall be made for areas in which desirable trees and brush are designated to remain. Where the limits of selective clearing and grubbing are shown on the Plans or otherwise established in the Contract Documents but no separate pay item established, the measurement of such Work shall be included in the quantity or lump sum amount of "Clearing and Grubbing ". D. Special Clearing and Grubbing: Measurement of special clearing and grubbing shall include all areas shown in the Plans or designated in the field by the OWNER'S Representative. This measurement shall include only actual areas cleared by the hand method and shall not include areas cleared by other methods or areas that remain in their original condition. Where the limits of special clearing and grubbing are shown on the Plans or otherwise established in the Contract Documents, but no separate pay item 6/1/03 SECTION 02817 119832 Page 5 of 7 16D2 . established, the measurement of such Work shall be included in the quantity or lump sum amount of "Clearing and Grubbing ". E. Eradication of Exotic Vegetation: Measurement of eradication of exotic vegetation shall include areas shown on the Plans or designated in the field by the OWNER'S Representative. This measurement shall include the total area within the limits established for eradication of exotic vegetation and include the areas within these limits where non- exotic vegetation is removed. Where the OWNER'S Representative has designated desirable vegetation to remain within these limits, no deduction of area shall be made for the "Saved" areas. Where limits of eradication of exotic vegetation are shown on the Plans or otherwise established in the Contract Documents, but no separate pay item established, the measurement of such Work shall included in the quantity or lump sum amount of "Clearing and Grubbing be". F. Removal of Existing Pavement: When a separate pay item is established for the removal of existing pavement, the quantity to be paid shall be by the square yard for the actual quantity removed and disposed of off -site. For curb and gutter, slope pavement, and other irregular areas, the measurement shall be generally taken as an approximate horizontal surface. Where lump sum payment is provided, such payment shall be compensation for the removal of areas shown on the Plans or otherwise specified in the Contract Documents. 1. Where a separate pay item is established for curb, gutter, or curb and gutter removal, the measurement shall be measured by the lineal foot at the flow line of the gutter or at the top of curb where there is no gutter. Where separate pay has not been provided for curb or curb and gutter removal, the measurement shall be included in the area for pavement removal as stated above. 2. When no separate payment is provided for the removal of existing pavement and no applicable item of excavation or embankment covering such Work is listed, the costs of this Work shall be included in the Contract Unit Price for the item of "Clearing and Grubbing" or for the pipe or other structure for which the pavement removal is required. G. Removal of Existing Structures: When separate payment for removal of existing structures or removal of existing buildings is provided, the Work shall be paid for at the Contract Lump Sum Price. When direct payment is not provided, the cost of such removal and disposal shall be included in the Contract Unit Price for clearing and grubbing or, if no clearing and grubbing is included, in the compensation for the other items covering the new structure to be constructed. 6/1/03 SECTION 02817 119832 Page 6 of 7 16D2'. H. Burning: Unless otherwise specified in the Contract Documents, and where permitted, burning shall be considered as being part of the process of disposing of materials and the cost of such Work shall be included in the item which requires the disposal of materials. 3.11 BASIS FOR PAYMENT A. General: Prices and payments for the various Work items included in this Section shall constitute full compensation for all Work described herein and shall include all removal, disposal, protecting, trimming, breaking, plugging, eradication, or any other items specified in this Section. B. Pay Items: For all Work specified in this Section, payment shall be made in accordance with the list of pay items established or as otherwise defined in the Contract Documents. The description of a pay item in the Proposal Section may vary from the descriptions stated in this Section. END OF SECTION 02817 611/03 SECTION 02817 119832 Page 7 of 7 16D2': SECTION 02820 EXCAVATION AND EMBANKMENT PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of excavation and embankment required for roadways, lakes, ditches, swales, berms, canals, parking areas, site fill, building pads, retention areas, structure excavation, and other similar Work described herein or shown on the Plans. This Section includes preparation of subgrades, construction of embankments, utilization or disposal of materials excavated, and compaction and finish grading of excavated areas and embankments. All Work shall conform to the proposed alignment, elevations, slopes, and cross - sections shown on the Plans. 1.02 SPECIFICATION AND STANDARDS REFERENCE B. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 CLASSIFICATION OF EXCAVATION A. General Included in the excavation under this Section are materials of whatever nature encountered within the required limits of excavation (except material removed during - clearing and grubbing). Determination of subsurface conditions and its effect on construction costs are the sole responsibility of the CONTRACTOR. Subsurface conditions between soil borings that may be provided can vary greatly from those conditions found at the location where the sample was extracted. 2. Locating existing underground utilities shall be the responsibility of the CONTRACTOR. In the event of any utility conflict, the CONTRACTOR shall immediately inform the utility company, OWNER, and the ENGINEER of the conflict. CONTRACTOR shall be responsible for the immediate repair of any utility fines damaged during construction. CONTRACTOR shall notify all utility companies or utility owners, both public and private, of their intent to perform 6/1/03 SECTION 02820 119842 Pagel of 17 16D2 9 such Work and coordinate field location of utility lines prior to commencement of construction. 3. Where separate classification is provided in the Proposal, excavation specified under this Section may be listed as any of the following classes: (1) Regular Excavation, (2) Swale Excavation, (3) Subsoil Excavation, (4) Rock Excavation, (5) Lake Excavation (Unclassified). 4. For any of the above classifications not specifically listed as a separate pay item in the Proposal or included as part of another pay item, all excavation of such type shall be included under the item of Regular Excavation. If the item of Regular Excavation is not listed in the Proposal, all costs included in the excavation of roadway, swales, subsoil, rock, lakes, structures (including utilization or disposal of materials) shall be incidental to the general cost of the Project and no additional compensation will be allowed. B. Regular Excavation 1. Regular excavation shall consist of excavation of materials necessary for construction of roadways, ditches, sidewalks, building pads, retention ponds, and other surfaces as shown in the Plans. Excavated material suitable for embankment shall be utilized in areas requiring fill, with all excess material spread or stockpiled on site where shown on the Plans or as directed by the OWNER'S �- Representative. C. Swale Excavation Swale excavation shall consist of excavation of swales and ditches as indicated on the Plans and shall include the utilization of suitable excavated materials in areas requiring fill with all excess material spread or stockpiled on -site where shown on the Plans or as directed by the OWNER'S Representative. D. Subsoil Excavation Subsoil excavation shall consist of the excavation and off -site disposal of muck, clay, roots, or any other material that is determined to be unsuitable by the OWNER'S Geotechnical Engineer in its original position, and that is excavated below the finished grading template. if provided in the Plans or Contract Documents, unsuitable material shall be stockpiled in areas on -site designated by the OWNER. 611/03 SECTION 02820 119842 Page 2 of 17 16D2 . E. Rock Excavation Rock excavation shall consist of excavation of rock and boulders necessary for construction of roadways, ditches, lakes, and other cut sections shown on the Plans. It shall also include the utilization and disposal of excavated rock and boulders according to Articles 3.02, 3.03, and 3.04 in this Section. 2. For the purpose of classifying rock excavation as a pay item, the rock strata encountered shall be of such thickness and hardness as to preclude removal by using a modern three - quarter yard hydraulic backhoe maintained in excellent operating condition. F. Rock Blasting All blasting conducted under this Contract shall strictly comply with the provisions of all laws and ordinances. All required blasting permits shall be the responsibility of the CONTRACTOR. The pattern of drilling shall be determined by the CONTRACTOR, unless otherwise specified, in order to meet the requirements of Articles 3.02 in this Section. G. Rock Crushing If rock crushing is listed as a pay item in the Proposal, rock shall be crushed so that at least 97 percent (by weight) of the material shall pass a 3 -1/2 inch sieve, and the material shall be graded uniformly down to dust. The crushed rock shall have an average limerock bearing ratio (LBR) value of not less than 100. H. Lake Excavation (Unclassified) Lake excavation (unclassified) shall consist of excavation of all material necessary for construction of lakes according to the depths, dimensions, side slopes, and in the locations shown in the Plans. It shall also include the utilization of excavated materials and the disposal of unsuitable materials in accordance with Articles 3.02 and 3.03 in this Section. All materials excavated shall be considered as "unclassified ". CONTRACTOR shall be responsible for any investigation of subsurface conditions and subsequent determination of the amount of rock, roots, and other materials to be incorporated into his price. 2. CONTRACTOR shall construct the lake banks in strict accordance with the ordinances or laws governing the excavation. All slopes must be equal to the specified slopes or flatter. The bottom of the lake shall not be excavated below the specified depth without prior written approval of the OWNER and the governing agency. 6/1103 SECTION 02820 119842 Page 3 of 17 16D2 . I. Structure Excavation Work specified in this Subarticle consists of excavating for bridge foundations, box culverts, pipe culverts, sewers, pipe lines, retaining walls, pump stations, manholes, inlets, catch basins, sewage, and water treatment plants and other similar type facilities shown on the Plans. It shall also include (1) the construction and removal of cofferdams, sheeting, bracing, etc.; (2) dewatering; (3) disposal of structures (of whatever type) encountered during excavation; (4) disposal of unsuitable materials; (5) bedding materials; (6) backfilling and the compacting thereof; (7) utilization of excess suitable materials according to Article 3.02 this Section. 2. Material excavated (of whatever nature) shall be classified for utilization or disposal according to Articles 3.02 and 3.03. The excavation shall be of such size and depth as to facilitate the construction and /or installation of each structure according to the location and elevations shown in the Plans. Rock blasting, rock excavation, demolition of structures or foundations, or any unusual or undefined Work that may be necessary to complete the excavation for a structure shall be considered as Work included in Structure Excavation. 3. If the excavation requires the use of cofferdams, dewatering, sheeting, or bracing, all such Work will be done in strict compliance _ .. with all permit requirements and any laws or ordinances that may apply to the Work being performed. It shall be the responsibility of the CONTRACTOR to familiarize himself with any regulations applicable and to satisfy said regulations at his own expense. 4. The structure shall be constructed or laid in dry dewatered excavation, unless otherwise approved by the ENGINEER. In such cases where the excavation is unstable or has water in sufficient quantities that make uniform bedding impossible, the bottom of the excavation shall be stabilized as required. If crushed stone is used, it shall be a uniformly graded, angular material which conforms to ASTM C33 and according to the sieve analysis listed below. 100% passing finch 90 -100% passing % inch 20 -55% passing 3/8 inch 0 -10% passing #4 0 -5% passing #8 5. After the structure is complete, backfilling shall be performed in a careful manner so as not to disturb or damage the completed structure. The backfill material shall conform to the requirements of Subarticle 3.04.C., except that the size of rock shall not exceed 6/1/03 SECTION 02820 119842 Page 4 of 17 16D2 . 3 -1/2 inches in diameter. The backfill material shall be compacted to the same or greater density as the adjacent existing earth. Rock Burial Work specified in this Subarticle consists of excavating and stockpiling of overburden, hauling and placing rock into the excavated area, covering the rock with overburden from the stockpile, and utilizing all excess overburden. The proposed rock burial areas shall be as shown in the Plans and /or as designated by the OWNER on- site. 2. After completion of the clearing and cross - sectioning of the proposed rock burial areas, CONTRACTOR shall excavate the overburden material down to the top of cap rock or as shown in the Plans or as directed by the OWNER'S, Representative. The excavated overburden shall be stockpiled nearby for use in the covering process. The excavation area shall then be cross- sectioned by the OWNER'S Representative. 3. After cross - sectioning, rock and boulders from previous excavation shall be loaded, hauled, and placed into these areas. During the placement of rock, enough fine material from the overburden stockpile shall be deposited and compacted between individual rocks or boulders so as to completely fill any voids that may occur during placement of such rocks. The top of the deposited rock shall be a minimum of three feet below the proposed finished grade or as otherwise specified in the Plans. 4. After the rock placement is complete, the stockpiled overburden shall be placed over the rock to a minimum depth of three feet to the specified elevation and in accordance with the requirement of Article 3.04 of this Section. 5. After the finish grading is complete, all excess stockpiled overburden shall be utilized in other embankment areas according to the provisions of Article 3.04. 6/1/03 SECTION 02820 119842 Page 5 of 17 16D2 0 3.02 UTILIZATION OF EXCAVATION MATERIALS A. General All excavated materials suitable for embankment shall be utilized in the embankment areas shown in the Plans or as otherwise specified in the Contract Documents. After the requirements for embankment have been satisfied, the surplus suitable excavated material-shall be deposited in areas on -site as directed by the OWNER'S Representative, unless otherwise specified in the Contract Documents. On Projects where excavation does not provide enough material to satisfy embankment requirements, excavated materials shall first be utilized in the roadway or other permanent structure embankment, then into other embankment areas shown in the Plans. B. Classification of Materials Material shall be classified as "suitable" if it meets all the requirements of Subarticle 3.04.C. of this Section. A rock strata that can be blasted, split, or screened to meet the requirements of Subarticle 3.04.C. shall be considered as "suitable" for embankment. 2. Material such as muck, or any other material containing excessive amounts of organic, silt, clay, or other deleterious materials shall be classified as unsuitable for embankment, unless otherwise specified or classified by the ENGINEER. 3. The term "unclassified" simply refers to material that has not been defined as suitable or unsuitable. 4. If a dispute arises over the classification of materials, the final determination shall be made by the ENGINEER. C. Rock and Boulders Rock and boulders shall be utilized on -site as embankment, otherwise specified. If it cannot be utilized in its natural state, it shall be blasted in such a manner that the excavated rock will meet the requirements of Subarticle 3.04.C. of this Section. If that is not practical, it may be disposed of off -site and replaced with an acceptable material. In all cases, the alteration or replacement of excavated material shall be at the CONTRACTOR'S expense, unless otherwise provided in the Plans or Contract Documents. 6/1/03 SECTION 02820 119842 Page 6 of 17 16D2 �• D. Existing Pavement All existing asphalt pavement including the base course shall be utilized on -site as embankment, unless otherwise specified. The pavement structure shall be scarified or similarly broken up to satisfy the requirements of Subarticle 3.04.C. Care shall be taken to utilize the broken asphalt pavement and base course in areas that will not adversely affect future landscape plantings or building pact related Work such as footings, rough plumbing, electrical, etc. 2. All existing concrete pavement, sidewalk, curb and gutter, or similar surfaces shall be disposed of off -site, unless otherwise specified or directed by the ENGINEER. At the CONTRACTOR'S option, and at his expense, he may break up the concrete and mix with enough fines for incorporation into embankment areas, provided he follows the same conditions required for the utilization of asphalt pavement. E. Muck Although muck or other material high in organic content will not generally be permitted in embankment areas, certain conditions may require or permit its utilization. Muck will not be permitted in embankment, unless specifically stated on the Plans or specified herein. When so specified the placement of muck or other similar material will only be permitted outside of an imaginary downward 2:1 slope starting from the outward edge of roadway structure or other permanent structure. F. Top Soil Where top of the existing surface is high in organic content, it may be necessary to strip the topsoil and reuse it or dispose of it. Topsoil shall be stripped and stockpiled on -site for later use as a layer under sod, grassing, or in landscaped areas. When an item of topsoil is not listed as a separate pay item in the Contract Documents, the placement of the stockpiled topsoil shall be included in the item of Clearing and Grubbing or Excavation. When topsoil is listed as a pay item, it shall be placed in locations shown in the Plans to a specified thickness and to a finished elevation that will allow for the placement of sod, ground cover, or other landscape related surface. 2. The material utilized as topsoil shall be suitable for plant growth and free from appreciable quantities of hard clods, stiff clay, hardpan, gravel, brush, large roots, refuse, or other deleterious materials. The organic content shall be at least 1 -1/2 percent. The characteristics of the material shall be such that it can be adjusted to have a pH value between 5.0 and 8.0, or as approved by the ENGINEER. 3.03 DISPOSAL OF EXCAVATED MATERIALS 6/1/03 SECTION 02820 119842 Page 7 of 17 16D2 0 A. Disposal of Surplus Materials Ownership of all suitable excavated materials shall be retained by the OWNER, otherwise stated in the Plans or Contract Documents to be surplus material. When so specified, the surplus material shall become the property of the CONTRACTOR to be disposed of outside the Project limits. The cost of the disposal and furnishing the disposal area shall be included in the item requiring excavation and no additional compensation will be given. B. Disposal of Unsuitable Materials Unsuitable excavated material as defined in Subarticle 3.02.13. shall become the property of the CONTRACTOR to be disposed of outside the Project limits. The cost of the disposal and furnishing the disposal area shall be included in the item requiring excavation and no additional compensation will be given. 3.04 EMBANKMENT A. General 1. Embankments shall be constructed true to lines and grades shown in the Plans or ordered by the ENGINEER. Material used in �., embankments shall be obtained from on -site excavation and/or from off -site borrow sources secured by the CONTRACTOR. B. Site Preparation Subsequent to clearing and prior to placement of embankment material, the existing earth surface shall be compacted six feet beyond the building and pavement structure limits and in other areas shown in the Plans or stated in the Supplementary Conditions. The existing surface shall be compacted at a moisture content such that the specific density requirement can be attained. Soil one foot below the compacted surface shall attain a density of 95 percent of the maximum theoretical density as determined by the Modified Proctor Density (ASTM D1557). Field density tests shall be conducted in accordance with ASTM D1556, D2167, D2922, or D2937 (latest revisions) by a certified engineer laboratory or soils engineer approved by the OWNER. The location and number of the tests shall be determined by the ENGINEER. 6/1/03 SECTION 02820 - 119842 Page 8 of 17 16D2 . C. Requirements for Embankment Materials Embankments shall be constructed of material containing no muck, stumps, roots, brush, vegetable matter, rubbish, or other material that will not compact into a suitable and enduring roadbed or similar foundation. Material designated as unsuitable in the soil borings or classified as unsuitable by the ENGINEER shall be removed from the embankment and disposed of off -site. Utilization of material in embankment construction shall be in accordance with Plan details or as directed by the ENGINEER. 2. The maximum size of rock which will be permitted in the completed embankment are as follows: In top 12 inches 3 1/2 inches 12 inches to 2 feet 6 inches In the 2 feet depth below Not to exceed the compacted thickness of the layer being placed 3. When and where approved by the ENGINEER, the CONTRACTOR may place larger rocks outside the 2 to 1 slope of any structure embankment. Where such rock is utilized in any embankment, enough fine material shall be deposited and compacted between individual rocks so as to completely fill any voids that may occur during the placement of such material. No rock shall be utilized in any building pad embankment areas. D. Borrow Material The use of borrow material shall be resorted to only when sufficient quantities of suitable material are not available from the various types of excavation required on the Drawings. When borrow is required, the material shall conform to the requirements of Subarticle 3.04.C. and shall be approved by the ENGINEER prior to placement. Borrow material shall be obtained from areas furnished by the CONTRACTOR at his expense. Borrow sources shall comply with all local requirements applicable for the excavation and sale of fill material. E. Construction Requirements Embankment material shall be placed in horizontal layers not to exceed 12 inches thickness measured loose. Each layer shall be leveled and compacted in accordance with Subarticle 3.04.F. Where the material is deposited in water or on unstable ground that-will not support the weight of hauling equipment, the fill shall be constructed by dumping successive loads in a uniform layer of a thickness not greater than necessary to support the hauling equipment while placing 6/1/03 SECTION 02820 119842 Page 9 of 17 16D2 subsequent layers. These subsequent layers shall then conform to the thickness and compaction requirements stated above. 2. When embankments are constructed on a hill or slope, slope shall be "stepped" so as to permit the embankment to be placed in horizontal layers and compacted as stated above. Upon completion of the embankment steps on a slope, steps shall be dressed to conform to the specified slope. 3. For any embankments not covered above, construction methods shall be approved by the ENGINEER prior to placement. F. Compaction Requirements 1. Materials shall be compacted at a moisture content such that the specific density can be attained. If necessary, water shall be added to the material, or the moisture content shall be lowered by manipulating the material or allowing it to dry, as is appropriate. Each layer of material shall be compacted by the use of a smooth drum vibratory roller or other method approved by the ENGINEER. 2. Field density tests shall be conducted in accordance with ASTM D1556, D2167, D2922, or D2937 (latest revisions) by a certified engineer laboratory or soils engineer approved by the OWNER according to the Compaction Requirements stated below: Embankment Area Density' Frequency /Lift Building Pads2 95% 1 Ea /2000 SF Pavement Areas3 95% 1 Ea /1000 SY Retention Areas'' 95% 1 Ea /1000 SY Other Areas N/A N/A ' The percentage listed shall be the minimum acceptable amount of the maximum theoretical density as determined by the Modified Proctor Density (ASTM D1557). ' Includes future building pads and lots. ' Includes any permanent pavement structure such as curb and gutter, sidewalk, roadway, shoulder, driveway, or any other similar surface. ` Includes earth berms, water retention slopes, dikes, and other similar areas. 3. CONTRACTOR shall be responsible for scheduling of all soil testing. These soil testing costs shall be bome by the OWNER, except that in the event of a test failure all subsequent tests required to pass density shall be at the expense of the CONTRACTOR. The OWNER may deduct this expense from the CONTRACTOR'S payment or request payment directly from CONTRACTOR. 611/03 SECTION 02820 119842 Page 10 of 17 16D2 3.05 FINISH GRADING A. General As a final grading operation the surface of the earthwork shall be shaped to conform to the lines, grades, and contours shown on the Plans. For cuts or fills where plant growth will be established, slopes shall be left in a roughened conditions as approved by the ENGINEER. Hand dressing will not be required except as necessary in confined areas where equipment operation is restricted. 2. CONTRACTOR shall take necessary precautions to prevent erosion of slopes before and after finish grading. Any erosion of whatever consequence shall be repaired at the expense of the CONTRACTOR until final acceptance of the Project. B. Tolerances In final shaping of the surface of earthwork a tolerance of 0.1 foot above or below the Plan elevations and contours will be allowed with the following exceptions: a. In areas where sod, ground cover, or other finish landscape surface will be used, an allowance shall be made for the thickness of sod, etc. that will result in the finish landscape elevation to be within the above tolerance. b. Earthwork shall be shaped to match adjacent pavement, curb, sidewalk, structures, etc. with applicable allowance for sod, etc. C. Ditch bottoms may have a higher tolerance as approved by the ENGINEER provided that no water will be impounded. 3.06 METHOD OF MEASUREMENT A. General VOLUMETRIC - When payment is made on a volumetric basis, calculations shall be based on the method of average end areas or the grid cell method, unless the ENGINEER determines that another method will provide a more accurate result. The existing elevations shown on the Plans or field survey taken by the ENGINEER shall be incorporated into the volume calculations. Should any of these existing elevations appear to be in error, the CONTRACTOR shall notify the ENGINEER in writing and resolve the dispute prior to disturbing the existing surface in question. Once the existing surface is disturbed by clearing, excavating, or any other construction, the 6/1/03 SECTION 02820 119842 Page 11 of 17 51� CONTRACTOR'S right to dispute the existing elevations shown by the ENGINEER will be nullified. After the excavation or embankment is completed, the finished surface shall be measured in place by field survey and these cross sections shall be incorporated into the volume calculations. 2. LOOSE VOLUME - In special cases as shown in the Contract Documents, payment shall be made on a loose volume basis as measured in trucks or other hauling equipment. The volume capacity of each truck shall be measured and recorded by the OWNER'S Representative. Before unloading on -site, the OWNER'S Representative shall compare the loaded truck to its recorded capacity and record the actual volume on the load ticket. Only bad tickets that have been so recorded and collected by the OWNER'S Representative at the point of dumping shall be included in the quantity for payment. LUMP SUM - The Proposal may contain items of Work that are to be paid for on a lump sum basis. Additionally, the Contract Documents may provide for a lump sum payment for the entire Project. The lump sum payment for individual items or for the entire Project shall constitute full compensation for the completion of all Work specified in the Plans and Specifications. 4. PLAN QUANTITY - When cross - sectioning finished surfaces is not feasible, the ENGINEER may specify the final pay quantity of any item to be the original Plan quantity. When so specified in the Contract Documents, such quantity will be revised only in the event that it is determined to differ by more than 10 percent of the original Plan quantity. Such revisions will be determined by calculation of quantities from the Plan sheets as applicable. Field measurement will not be considered except to verify that the Work was accomplished in substantial compliance with the Plan dimensions. B. Regular Excavation Measurement of regular excavation shall include only the net volume of material excavated between the original ground surface and the surface of the completed earthwork. The pay quantity shall be the Plan quantity in accordance with Subarticle 3.06.A., unless otherwise stated in the Contract Documents. C. Swale Excavation 1. Measurement of swale excavation shall include only materials excavated within the line and grades indicated in the Plans or as directed by the ENGINEER. Measurement may be by volume or lineal as called for in the Contract Documents. 6/1103 SECTION 02820 119842 Page 12 of 17 • 16D2 . D. Subsoil Excavation Measurement of subsoil excavation shall include only material excavated within the lines and grades indicated on the Plans or as directed by the ENGINEER. Where the limits of subsoil excavation are not shown or vary from the limits shown on the Plans, the pay quantity shall be determined by cross - sectioning measurements in accordance with the volumetric method described in Subarticle 3.06.A. When the final pay quantity is more or less than the original Plan quantity, an appropriate adjustment shall be made to the applicable pay quantity for imported fill so that the loss or increase is compensated, provided that the unsuitable material is to be disposed of off -site. A lower than Plan volume will require less fill replacement and a higher than Plan volume will require more fill replacement than originally calculated. However, if the subsoil excavation is displaced by on -site excavation, a quantity adjustment will not be made. Where no separate pay item is included in the Contract, all such Work involving the excavation and disposal of unsuitable material shall be considered incidental to the cost of the applicable excavation item. E. Rock Excavation When rock excavation is listed as a separate pay item in the Contract Documents, measurement of rock excavation shall be by cross - sectioning method prior to and after the rock layer is excavated. CONTRACTOR shall allow enough time between operations to facilitate this field survey Work. 2. If rock excavation is not listed as a separate pay item in the Contract Document, the cost of all such Work, including blasting, shall be included in the unit price for Regular Excavation, Swale Excavation, Subsoil Excavation, Lake Excavation (Unclassified), or other items which may require the excavation of rock or boulders. F. Rock Blasting When listed as a pay item in the Contract Documents, rock blasting shall be paid by the square yard, acre, cubic yard, or lump sum for the actual quantity of rock blasted that meets the requirements of Article 3.02 and Subarticle 3.04.C. 2. When rock blasting is not listed as a pay item, any blasting or splitting of rock necessary to facilitate the excavation of rock shall be included in the item of rock excavation. If rock excavation is not listed as a pay item, any such blasting or splitting shall be included in the cost of whatever Work that may require rock excavation and no additional compensation will be provided. 6/1/03 SECTION 02820 119842 Page 13 of 17 16D2 . G. Rock Crushing When listed as a separate pay item in the Contract Documents, rock crushing shall be paid by the cubic yard on a volumetric basis. Prior to crushing, the existing surface of the proposed stockpile area shall be cross - sectioned by the OWNER'S Representative. After crushing has been completed, and with the crushed material in a stockpile, the stockpile shall be cross - sectioned by the OWNER'S Representative. The volume of the stockpile shall then be calculated by either a grid cell or average end area method. This volume shall be used for pay purposes without consideration of shrinkage or expansion. The CONTRACTOR shall be responsible for scheduling the OWNER'S Representative for cross - sectioning and shall allow sufficient time in his schedule for the completion of such Work. 2. The utilization of crushed rock shall be included in the cost of the excavation item requiring rock excavation according to the provisions of this Section. H. Lake Excavation (Unclassified) Measurement of lake excavation (unclassified) shall include only the net volume of material excavated between the ground surface after clearing and the finish slopes and bottom of the lake using the volumetric method as described in the first paragraph of Subarticle 3.06.A. The CONTRACTOR shall be responsible for scheduling the OWNER'S Representative to cross - section the existing surface of the proposed lake after the clearing has been completed and .prior to commencement of blasting or lake excavation. The CONTRACTOR shall allow sufficient time for the OWNER'S Representative to complete such cross - sectioning Work. Any unauthorized over digging or excavation below the Plan bottom elevation will not be included in the measurement for payment. 2. If the initial expense of the lake Sections is to be paid for by the OWNER, the CONTRACTOR shall not request said Section until he has notified the OWNER that he has shaped the bank slopes per the permitted design slopes and depths. 3. If the sections indicate that the depths or bank slopes do not conform to the permitted design slopes or indicate that they are steeper, the CONTRACTOR shall correct the deficiency. Further, the CONTRACTOR shall pay for the expense of resectioning the lakes to document that said correction has been accomplished. 4. OWNER shall have the option of deducting the resectioning costs from the CONTRACTOR'S payment, or the OWNER may request separate payment directly from the CONTRACTOR. 611103 SECTION 02820 - 119842 Page 14 of 17 16D2 . Structure Excavation Unless otherwise specified, there shall be no measurement for structure excavation. The cost of structure excavation shall be incidental to the cost of the applicable structure and no separate pay item will be established. Rock Burial 1. Measurement of rock burial shall be on a volumetric basis, unless otherwise specified in the Contract Documents. Payment shall be made for the net volume of material excavated below the existing elevation after clearing. The CONTRACTOR shall be responsible for scheduling the OWNER'S Representative to cross - section the existing surface after clearing and to cross - section the burial area after excavation. Sufficient time shall be allowed for this purpose. 2. Payment shall be by the cubic yard at the unit price established in the Contract Documents. Such unit price shall be full compensation for all excavation, stockpiling, loading, hauling and placing rock, overburden replacement over rock, and utilization of all excess overburden. K. Pavement Removal 1. Measurement for pavement removal shall be by the square yard as measured in place prior to removal, unless otherwise specified in the Contract Documents. When no separate pay item is included, the cost of such Work shall be incidental to the item of clearing and grubbing or excavation as applicable. L. Topsoil 1. Measurement for topsoil shall be by the square yard as measured in place in locations shown in the Plans or as directed by the ENGINEER. Placement of topsoil shall be to the thickness specified in the Plans or Contract Documents, and it shall include the cost of furnishing the material as specified in Subarticle 3.02.F. If enough excavated material is not available to satisfy the topsoil requirements, suitable topsoil shall be imported and the cost of furnishing and hauling this imported material shall be included in the unit price of the topsoil item. 611103 SECTION 02820 119842 Page 15 of 17 16D2 M. Embankment When there is not enough suitable excavated material to satisfy the requirements of embankment, a separate item called Embankment or Borrow may be established in the Contract Documents to facilitate completion. Payment will be made only for material required to complete the embankment to the Plan dimensions and elevations. Material placed beyond the limits shown on the Plans will- not be measured for payment. 2. For embankment the pay quantity shall be the Plan quantity, unless otherwise stated in the Plans or Contract Documents. The measurement for embankment shall be the in place volume of material placed above the original surface elevation within the dimensions and elevations indicated on the Plans less the neat volume of excavation. No allowance will be made for subsidence or shrinkage. 3. For borrow the pay quantity shall be made on a loose volume basis, otherwise specified in the Plans or Contract Documents. The method of measurement shall be in accordance with the second paragraph of Subarticle 3.06.A., LOOSE VOLUME. N. Berm Construction 1. Measurement for berm construction shall include only materials excavated within the lines and grades indicated in the Plans or as directed by the ENGINEER. Measurement may be by volume or lineal as defined in the Contract Documents. O. Finish Grading Measurement for finish grading shall only include areas that require a change in elevation to meet the new design grade. Placement of sod to an existing elevation would require- finish grading to facilitate placement of sod. If there is no pay item for finish grading, the cost of all such Work shall be incidental to the applicable item of excavation or embankment. 3.07 BASIS OF PAYMENT A. General Prices and payments for the various Work items included in this Section shall constitute full compensation for all Work described herein and shall include excavation, hauling, placing, compacting, and dressing of the finish surface. Said payments shall also include the following items when no separate pay item is included in the Contract: 6/1/03 SECTION 02820 119842 Page 16 of 17 16D2 . a. Removal and disposal of existing pavement b. Clearing and grubbing C. Providing disposal areas d. Furnishing of borrow areas e. Permits and waiver costs B. Excavation and Embankment 1. Cost of utilizing suitable excavated materials and disposing of unsuitable excavated materials shall be included in the cost of the applicable excavation item, unless otherwise stated in the Plans or Contract Documents. 2. When separate classifications of excavation and /or embankment are listed as pay items in the Contract, the quantities determined as provided above shall be paid at the Contract unit price per cubic yard, square yard, lineal foot or lump sum as applicable. Such payment shall constitute full compensation for all items as described in this Section or as stated in the Plans or Contract Documents. 3.08 PAY ITEMS A. For all Work specified in this Section, payment shall be made in accordance with the list of pay items established or as otherwise defined in the Contract Documents. The description of a pay item in the Proposal Section may vary from the descriptions stated in this Section. END OF SECTION 02820 6/1/03 SECTION 02820 119842 Page 17 of 17 16D2 ". SECTION 02828 CHAIN LINK FENCE AND GATE PART1 GENERAL 1.01 SCOPE A. Work specified in this Section covers materials and Work necessary for the chain link fence and gate, complete as shown on the Plans. 1.02 MANUFACTURER A. Like items of materials provided hereunder shall be the end products of one manufacturer in order to achieve standardization for appearance, maintenance, and replacement. 1.03 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART PRODUCTS 2.01 FENCE MATERIALS A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing standard of quality and general configuration. Products of other manufacturers will be considered in accordance with the General Conditions. B. Materials shall be new and products of recognized, reputable manufacturers. Used, rerolled, or regalvanized materials are not acceptable. C. All materials shall be hot -dip galvanized after fabrication. Posts and other appurtenances shall have a minimum zinc coating of 1.2 ounces per square foot of surface. D. Fabric: Chain -link fence fabric, 72 inches high, woven of Number 9 gauge wire in two inch diamond mesh pattern, selvages twisted and barbed, galvanized after weaving with 1.2 ounce zinc coating, meeting the requirements of ASTM A 392, Class 1. E. Posts: Federal Specification RR -F -191, fence, posts, gates, and accessories, except as hereinafter modified. Standard lengths for setting in ground or in concrete as required for conditions shown. F. Line Posts: Use galvanized 2 % inch outside diameter, meeting the requirements of ASTM A120, Schedule 40 steel pipe, weight 3.65 pounds per linear foot. ,17072004 - 120595 V«: 011 -MEM 25555555555 - -0 G. End, Corner, Angle and use 2.875 inch outside pounds per linear foot. Pull Posts: For end, corner, angle, and pull posts, diameter standard weight steel pipe, weight 5.79 H. Gate Posts: For single -swing gates up to six feet wide, 2.875 inch outside diameter, 5.79 pounds per foot. For single gates six feet wide to 13 feet wide, four inch outside diameter, 9.1 pounds per foot. For other sizes, follow manufacturer's recommendations. Post Tops: Post tops shall be pressed steel, or malleable iron, designed as a weather -tight closure cap for tabular posts. Provide one cap for each post, unless equal protection is afforded by combination post top cap and barbed wire supporting arm where barbed wire is required. Where top rail is used, provide tops to permit passage of top rail. J. Tension Wire: Tension wire shall be zinc or aluminum -coated coil spring steel wire not less than Number 7 gauge (0.177 inch in diameter). Provide tie clips of manufacturer's standard as approved for attaching the wire to the fabric, at intervals not exceeding 24 inches. K. Stretcher Bars: Stretcher bars shall be 3/16 inch by % inch. Provide one stretcher bar for each gate and end post and two for each corner and pull post. L. Stretcher Bar Bands: Bar bands shall be heavy pressed steel, spaced not over 15 inches on center to secure stretcher bars to tubular end, corner, pull, and gate posts. M. Top Rail: Not less than 18 foot long tubular steel, 1 -5/8 inch outside diameter, weight 2.27 pounds per linear foot, couplings to be outside sleeve type and at least six inches long. Provide springs at one coupling in five to permit expansion in rail as recommended by the manufacturer. Top rail to extend through line pot tops to form continuous brace from end- to-end of each fence. N. Brace pipe shah be of the same material as the top rail and shall be installed midway between the top rail and extend from the terminal post to the first adjacent line post. Braces shall be securely fastened to the posts by heavy pressed steel and malleable fittings, then securely trussed from line post to base of terminal post with a 3/8 inch truss rod and tightener. O. Fittings: Malleable steel, cast iron, or pressed steel, galvanized to meet the requirements of ASTM A153. Fittings to include extension arms for barbed wire, stretcher bars and clamps, clips, tension rods, brace rods, hardware, fabric bands and fastenings, and all accessories. Provide 45 degree bracket type supports to accommodate three strands of barbed wire as shown. 6/1/03 SECTION 02828 120585 Page 2 of 6 • 16D2 . P. Barbed Wire: Four -point pattern with two strands of Number 12 -1/2, two - gauge wire, and one -inch barbs five inches apart. Zinc - coated barbed wire shall meet requirements of ASTM A121, Class 3; aluminum coated barbed wire to ASTM A585. 2.02 GATE MATERIALS A. Gate shall be swing or sliding as indicated, complete with latches; stops, keepers, hinges, or rollers, and roller tracks. B. Gate frames shall be constructed of tubular members welded at all corners or assembled with fittings. On steel, welds shall be painted with zinc -based paint. Where corner fittings are used, gates shall have truss rods of 5/16 inch minimum nominal diameter to prevent sag or twist. Gate leaves shall have vertical intermediate bracing as required, spaced so that no members are more than eight feet apart. Gate leaves ten feet or larger shall have a horizontal brace or one 5/16 inch minimum diagonal truss rod. When fence has barbed - wire top, the end members of the gate frames shall be extended one foot above the top horizontal member to which three strands of barbed wire, uniformly spaced, shall be attached by use of bands, clips, or book bolts. C. Fabricate frames of standard weight pipe 1.90 inch outside diameter, weight 2.72 pounds per linear foot. D. Gate fabric shall be the same type as used in the fence construction. Fabric shall be attached securely to the gate frame at intervals not exceeding 15 inches. E. Gate hinges shall be of adequate strength for gate and with large bearing surfaces for clamping in position. Hinges shall not twist or turn under the action of the gate. Gates shall be capable of being opened and closed easily by one person. F. Gate latches, stops, and keepers shall be provided for all gates. Latches shall have a plunger bar arranged to engage the center stop, except that for single gates of openings less than 10 feet wide a forked latch may be provided. Latches shall be arranged for locking with padlocks. Center stops shall consist of device arranged to be set in concrete and to engage a plunger bar on the latch of double gates. No stop is required for single gates. Keepers shall consist of a mechanical device for securing the free end of the gate when in the full open position. G. Double Gate: Size and configuration shall be as indicated. Provide gate stops for all double gates, consisting of mushroom type or flush plate with anchors. Set in concrete to engage the center drop rod or plunger bar. Provide locking device and padlock eyes as an integral part of the latch, requiring one padlock for locking both gate leaves. 6/1/03 SECTION 02828 120585 Page 3 of 6 H. Sliding Gate: Provide manufacturer's standard heavy -duty track, ball- bearing hanger sheaves, overhead framing and supports, guides, stays, bracing, and accessories as required. All sliding gates shall be rolling, cantilever slide, or overhead (top) suspended, as indicated on Plans. I. Rolling gate track rollers shall be malleable iron or heavy pressed steel construction, with provision for regular grease lubrication. Ground rollers shall have malleable iron or heavy pressed steel hubs with similar provision for lubrication. Gate track shall be Schedule 40 pipe, firmly attached to support posts on seven foot maximum centers. Gates more than eight feet in height shall have three tracks. Rolling gate frames shall be constructed similar to swing gates except diagonal bracing shall reflect different support type. Cantilever gate rollers shall have heavy malleable rollers, needle or ball bearings with fittings for regular lubrication. Maximum spacing of support posts is ten feet. Additional weight supporting posts with lower roller shall be provided on ten -foot maximum centers. Support posts shall be four inch diameter, Schedule 40, set 36 inch minimum depth. Top and lower rails of gate shall be 2 -3/8 inch O.D., Schedule 40 pipe. Vertical support posts shall be on six foot maximum spacing, 1 -7/8 inch O.D. by Schedule 40 pipe, all diagonal bracing 1 -5/6 inch O.D. by Schedule 40 pipe, all connections welded and painted. K. Keeper: Provide keeper for all vehicle gates, which automatically engages the gate leaf and holds it in the OPEN position until manually released. 2.03 CHAIN AND LOCK MATERIALS A. Immediately upon installation of chain link fence and gates, case hardened chain of adequate length to secure gate and a locked padlock shall be installed to keep the site clear except when CONTRACTOR is working on site. Padlocks shall be Master, Size 3, with Master key Number 3623. B. If the above Master keyed padlocks are not available from the supplier at the time of enclosure installation, other padlocks shall be installed until such time as the specified locks are available. 2.04 CONCRETE A. All concrete and concrete Work shall conform to the following specifications, unless otherwise noted on the Plans. All concrete specified in this Section shall attain a minimum compressive strength of 3000 psi in 28 days. B. Concrete Mix Materials: Coarse aggregate shah be hard, clean, washed gravel or crushed stone. The maximum aggregate size shall not be larger than one inch nor smaller than % inch equivalent diameter. Fine aggregate shall be clean, sharp sand. Water shall be clean, fresh, free from injurious amounts of materials, organic substances, acids, or alkalis. Cement shall be 611/03 SECTION 02828 120585 Page 4 of 16D2 0 Type I, Domestic Portland Cement, conforming to ASTM C150, latest revision. C. Concrete Admixtures: Air entrainment admixtures in concrete are permitted in accordance with manufacturer's specifications provided the specified strength and quality are maintained, and unless the admixtures appear to be causing abnormal field results, and provided that the total entrained air content does not exceed 5.0 percent. No other admixture of any type will be permitted without the written approval of the ENGINEER. D. Transit or Ready -Mixed Concrete: Transit or ready -mixed concrete may be used provided it meets the requirements of ASTM C94, Ready -Mixed Concrete, specifications herein stated, and provided the central plant producing the concrete, the batching, mixing and transportation equipment, in the opinion of the ENGINEER, is suitable for the production and transportation of the specified concrete. PART 3 EXECUTION 3.01 INSTALLATION OF CHAIN LINK FENCE AND GATE A. Installation of fencing shall meet the requirements of ASTM F567. B. Fencing shall be installed in straight lines between angle points. Fencing installation shall be in accordance with the manufacturer's recommendations and with these Specifications. Postholes shall be a minimum depth of three feet below finished grade. Holes for line posts shall be nine inches in diameter. Holes for gate, comer, and pull posts shall be 16 inches in diameter. Post space shall not exceed 10 feet on centers and in true lines. Posts shall be plumb and to a depth of two feet, 10 inches. Top rail of the fence shall be at the top of the fabric. Remainder of hole shall have concrete around the posts to a point two inches above finished grade. Top surface shall have a crown watershed finish. Concrete shall cure prior to installing accessories. Chain link fabric shall be fastened to end posts with stretcher bars and clamps and to line posts and top rail with wire or bands at approximately 14 -inch center and 24- inch center, respectively. Three strands of barbed wire shall be installed on the brackets. Gateposts shall be braced diagonally to adjacent line posts to ensure stability. Gates shall be hung and adjusted so gates operate from open or closed position in accordance with the manufacturer's recommendations. C. Cleanup: CONTRACTOR shall clean up and finish grade all areas disturbed by his construction. 3.02 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. OWNER reserves the right to add to or deduct from the scope of the Work, and such additions or deductions will be made at the unit price established in the Proposal. 611/03 SECTION 02828 120585 Page 5 of 6 16D2 END OF SECTION 02828 6/1/03 SECTION 02828 120585 Page 6 of 6 16D2 . SECTION 02910 LIMEROCK BASE COURSE AND STABILIZED SUBGRADE PART1 GENERAL 1.01 SCOPE A. The scope of this Section consists of furnishing materials and methods for construction of a crushed limerock base course and stabilized subgrade in accordance with the Plans and Specifications. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART2 PRODUCTS 2.01 LIMEROCK BASE A. Material for limerock base shall meet the requirements of Section 911 of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ", hereinafter referenced as "FDOTSPEC ". B. CONTRACTOR shall pay for and furnish samples of materials to the approved testing laboratory for physical and chemical analysis, together with optimum moisture and density relationships of the base material. Test reports and samples shall be required of every limerock supplier furnishing material for the Work. The source or sources of materials proposed for use shall be designated and shall not change without written consent of the ENGINEER. During the course of construction, ENGINEER may require additional tests if any visible variation occurs. C. Limerock shall be obtained from pits from which all overburden has been removed prior to blasting. It shall show no tendency to air slake or undergo chemical change under exposure to weather, limerock Miami (or Ocala) formations shall be tested to meet the following requirements: 6/1/03 SECTION 02910 120168 Page b of 11 2.02 16D2 D. Grade #1 Limerock as placed shall be well- graded, crushed material from either Miami or Ocala formations with at least 97 percent (by weight) of the material passing a 3 -1/2 inch sieve and shall be graded uniformly down to dust with the fines consisting entirely of dust of fracture. Grade #2 Limerock will conform to the above except that 97 percent shall pass a 1 -1/2 inch sieve. SUBGRADE STABILIZATION A. General: Materials to be used for stabilizing shall be commercial limerock, limerock overburden, crushed, or local shell meeting the requirements of Section 914 of "FDOTSPEC ". B. Limerock and Limerock Overburden: For limerock and limerock overburden, the percentage of carbonates of calcium and magnesium shall be at least 70 percent and the plasticity index shall not exceed 10 percent. The gradation of both commercial limerock and limerock overburden shall be such that at least 95 percent (by weight) of the material will pass a 3 -1/2 inch sieve, and not less than 10 percent (by weight) of the material will pass a Number 200 sieve, and the material shall be graded uniformly down to dust. C. Crushed Shell: Crushed shell shall be mollusk shell (i.e., oysters, mussels, clams, cemented coquina, etc.). Steamed shell will not be permitted. Shell shall meet the following requirements: 1. At least 95 percent (by weight) of the material shall pass a 3 -1/2 inch sieve and at least 50 percent (by weight) of the total material shall be retained on the Number 4 sieve. 2. Not more than 15 percent (by weight) of the total material shall pass the Number 200 sieve. The determination of the percentage passing the Number 200 sieve shall be made by washing the material over the sieve. 6/1/03 SECTION 02910 120168 Page 2 of 11 LIMEROCK LIMEROCK BASE STABILIZED BASE GRADE #1 GRADE #2 Minimum Limerock Bearing Ratio 40 40 (LBR) Minimum Carbonates (Calcium and Magnesium) 70 70 Maximum Liquid Limit 35 35 Maximum Plasticity Index non - plastic 10 /less Maximum Percent Clay 3 /less 3 /less D. Grade #1 Limerock as placed shall be well- graded, crushed material from either Miami or Ocala formations with at least 97 percent (by weight) of the material passing a 3 -1/2 inch sieve and shall be graded uniformly down to dust with the fines consisting entirely of dust of fracture. Grade #2 Limerock will conform to the above except that 97 percent shall pass a 1 -1/2 inch sieve. SUBGRADE STABILIZATION A. General: Materials to be used for stabilizing shall be commercial limerock, limerock overburden, crushed, or local shell meeting the requirements of Section 914 of "FDOTSPEC ". B. Limerock and Limerock Overburden: For limerock and limerock overburden, the percentage of carbonates of calcium and magnesium shall be at least 70 percent and the plasticity index shall not exceed 10 percent. The gradation of both commercial limerock and limerock overburden shall be such that at least 95 percent (by weight) of the material will pass a 3 -1/2 inch sieve, and not less than 10 percent (by weight) of the material will pass a Number 200 sieve, and the material shall be graded uniformly down to dust. C. Crushed Shell: Crushed shell shall be mollusk shell (i.e., oysters, mussels, clams, cemented coquina, etc.). Steamed shell will not be permitted. Shell shall meet the following requirements: 1. At least 95 percent (by weight) of the material shall pass a 3 -1/2 inch sieve and at least 50 percent (by weight) of the total material shall be retained on the Number 4 sieve. 2. Not more than 15 percent (by weight) of the total material shall pass the Number 200 sieve. The determination of the percentage passing the Number 200 sieve shall be made by washing the material over the sieve. 6/1/03 SECTION 02910 120168 Page 2 of 11 16D2 . 3. In the event shell meets the above requirements without crushing, crushing will not be required. D. Local Shell: Local shell shall consist of a naturally occurring deposit which is essentially broken mollusk shell. The gradation of the shell shall be such that at least 95 percent (by weight) of the material will pass a 3 -1/2 inch sieve and not more than 20 percent (by weight) of the material will pass a Number 200 sieve by washing. The portion of material passing the Number 40 sieve shall have a liquid limit not greater than 30 percent and a plasticity index not greater than 10 percent. 2.03 PRIME COAT MATERIALS A. Material used for prime coat shall meet the requirements of "FOTSPEC" 300. CONTRACTOR may select any of the specified bituminous materials for use, unless the Plans or Specifications indicate use of a specific material. Types and grades of bituminous material other than those specified above may be allowed if it can be shown the attemate material will properly perform the function of prime coat material. 2.04 COVER MATERIAL FOR PRIME COAT A. If an emulsified asphalt is used for prime coats, the cover material shall consist of a sand bituminous hot -mix or screenings. Sand bituminous hot - mix shall contain from two to four percent asphalt- cement, viscosity Grade AC -20, and fine aggregate consisting of a clean sand or screenings. Sand shall contain no more than 10 percent (by weight) of material passing the Number 200 sieve. The gradation of screenings used along shall be such that 100 percent will pass the 3/8 -inch sieve and not more than 10 percent will pass the Number 200 sieve. B. If material other than emulsified asphalt is used for the prime coat, cover material shall be either sand (bare or hot- asphalt coated) or screenings, at the CONTRACTOR'S option. Sand shall be nonplastic and free from any appreciable amount of silt, clay balls and root particles, and from any noticeable sticks, trash, vegetation, or other organic matter. Screenings shall be Miami oolitic rock screenings. 2.05 TACK COAT A. Unless a specific type or grade of material is called for on the Plans or Specifications, material used for tack coat shall meet the requirements of "FDOTSPEC ", Section 300. 6/1103 SECTION 02910 120168 Page 3 of 11 16D2 0 PART 3 EXECUTION 3.01 CONSTRUCTION OF STABILIZED SUBGRADE A. Stabilized subgrade shall be constructed of roadbed soil and subgrade stabilization materials in conformance with the lines, grades, and cross - section shown on the Plans. Prior to beginning of stabilizing operations, the area to be stabilized shall have been completed to the lines showri on the Plans and to a grade parallel to finished elevation of the stabilized subgrade. Before stabilizing material is added, the elevation of the roadbed shall be such that subgrade shall conform to requirements of the typical cross - section when the Work is completed. B. Stabilized Subgrade Minimum Bearing Value - Completed stabilized subgrade shall have minimum limerock bearing ratio value of 40 (LBR40), unless otherwise stated on the Plans or amended in the Specifications. C. Incorporation of Stabilizing Material and Mix -In 1. Spreading and Mixing: Stabilizing material shall be placed on areas to be stabilized, and spread uniformly. Stabilizing material shall be thoroughly mixed with the soil with rotary tillers or other approved equipment which is capable of achieving a satisfactory blend. Mixing shall be done as soon as practical, but not later than one week after stabilizing material is placed on the road. The area to be stabilized shall be thoroughly mixed throughout the entire depth and width of the stabilized subgrade. 2. Maximum Particle Size of Mixed Materials: At the completion of mixing, all particles of materials within the limits of the stabilized subbase shall pass a 3 -1/2 inch ring. Any particles not meeting this requirement shall be removed or shall be broken down as to meet this requirement. 3. Planing Mixing: Mixing of the soil may be accomplished by the central plant -mix method in lieu of mixing in place, provided that a uniform mixture containing the proper amount of water is achieved. 4. Depth of Mixing Stabilizing Materials: Stabilizing material shall be mixed to the nominal depth of Stabilized Subgrade shown on the Plans. The following tolerances over or under the specified depth will be allowed: Plan Depth Tolerance 8 inches or less 1 inches Over 8 inches 2 inches 6/1/03 SECTION 02910 120168 Page 4 of 11 16D2 . In the event the measured depth of mixing is less than the minimum specified above, CONTRACTOR shall remix the stabilized subgrade until stabilizing material is distributed throughout the subgrade course to the required depth. ENGINEER may waive the above requirements for remixing or addition of stabilizing material and remixing for stabilized subgrade, which serves solely as a working platform for concrete paving equipment, if the subgrade as originally mixed is firm and substantially unyielding. 5. Compacting a. After mixing operations have been completed and requirements for uniformity, mixing depth and maximum particle size have been satisfied, subbase shall be shaped and compacted. Minimum density acceptable at any location within the entire limits of width and depth of the subbase will be 98 percent of the maximum density as determined by AASHTO T180. b. In the event CONTRACTOR elects to shape and compact the subgrade that will be underlying curb and gutter separate from the rest of the subgrade, additional density testing along those curb and gutter lines will be required at a minimum frequency of one test per 500 lineal feet. ENGINEER may waive the above density requirement for stabilized subgrade which serves solely as a working platform for concrete paving equipment, if the subgrade as compacted is firm, substantially unyielding, and no areas of excessive moisture are evident. 6. Finish Grading: Completed stabilized subgrade shall be shaped to conform with finished lines, grades, and cross - sections indicated on the Plans. Subbase shall be checked by the use of elevation stakes, or other means approved by the ENGINEER. 7. Requirements for Condition of Stabilized Subgrade: After stabilizing and compacting operations have been completed, subgrade shall be firm and substantially unyielding to the extent it will support construction equipment. All soft and yielding material, and any other portions of the subgrade which will not compact readily, shall be removed and replaced with suitable material and the whole subgrade brought to line and grade with proper allowance for subsequent compaction. 8. Maintenance of Completed Stabilized Subgrade: After stabilized subgrade has been completed as specified, CONTRACTOR shall maintain it free from ruts, depressions, and any damage resulting from the hauling or handling of materials, equipment, tools, etc. 6/1/03 SECTION 02910 120168 Page 5 of 11 16D2 . 9. Preparation of Subgrade a. Embankment Subgrade Soil: If the subgrade consists of embankment soil, CONTRACTOR, before undertaking this Work, shall shape and compact the subgrade to conform with the grade lines and cross - sections required for the completed Work. Unless otherwise shown on the Plans, subgrade limits shall extend through the pavement area to one foot beyond the curb line or six feet beyond pavement edge where curbs are not employed. Unless otherwise shown on the Plans, subgrade thickness shall be 12 inches. b. Undisturbed Subgrade Soil: In -place soil under Group Classification A-4 through A -7, according to AASHTO'S Soil Classification System, shall be removed and replaced unless ENGINEER directs it remain in place. Any replacement soil must be acceptable to the ENGINEER. 3.02 CONSTRUCTION OF LIMEROCK BASE A. Limerock (also referred to as "rock") base shall be constructed on the prepared subgrade in accordance with the Specifications and with lines, grades, and cross - sections shown on the Plans. Construction shall meet requirements of "FDOTSPEC ", Section 200, Limerock Base. B. Transporting Limerock: Limerock shall be transported to the point where it is to be used, over rock previously placed if practical, and dumped on the end of the preceding spread. Hauling over the subgrade and dumping on the subgrade will be permitted when, in the ENGINEER'S opinion, these operations will not be detrimental to the base. C. Spreading Limerock 1. Method of Spreading: Limerock shall be spread uniformly. All segregated areas of fine or coarse rock shall be removed and replaced with properly graded rock 2. Number of Courses: When the specified compacted thickness of the base is greater than six inches, base shall be constructed in two courses. The thickness of the first course shall be approximately one -half the total thickness of the finished base, or enough additional to bear the weight of the construction equipment without disturbing the subgrade. D. Compacting and Finishing Base 611103 SECTION 02910 120168 Page 6 of 11 Single- Course Base: For single- course base, after the spreading is completed, the entire surface shall be scarified, then shaped so as to produce the required grade and cross - section after compaction. 2. Double- Course Base: For double- course base, the first course shall be cleaned of foreign material, bladed, and brought to a surface cross - section approximately parallel to that of the finished base. Prior to the spreading of any material for the upper course, density tests for the lower course shall be made and ENGINEER will determine that required compaction has been obtained. After spreading of the material for the second course is completed, its surface shall be finished and shaped so as to produce the required grade and cross - section after compaction, free of scabs and laminations. 3. Moisture Content: When material does not have proper moisture content to insure the required density, wetting or drying will be required. When water is added, it shall be uniformly mixed by disking to the full depth of the course which is being compacted. Wetting or drying operations shall involve manipulation, as a unit, of the entire width and depth of the course which is being compacted. 4. Density Requirements: As soon as proper conditions of moisture are attained, material shall be compacted to a density of not less than 98 percent of maximum density as determined by AASHTO T180. Minimum density which will be acceptable at any location outside the traveled roadway (such as crossovers) shall be 95 percent of such maximum. E. Testing Frequency: At least three density determinations shall be made on each day for final compaction operation on each course, and a frequency of one test per 1000 square yards or fraction thereof of surface roadway with a minimum of three tests on each course or roadway section requiring a break in the rolling pattern. Additional tests or greater frequency may be deemed necessary by the ENGINEER. F. Checking: Prior to application of any bituminous materials, base shall be checked for grade, cross - section and thickness. Where excessive deviations occur, base shall be reworked by scarifying, adding additional materials, blading, rolling, and rebonding until such unsatisfactory condition is corrected. In general, deficiency in thickness shall be interpreted as anything in excess of 1/4 inch for the entire Work or of 1/2 inch in isolated or limited areas. Deviations from straight edge laid parallel with the centerline, or from cross - section template, shall not be more than 1/16 inch per foot from point to point of contact. Deviations from grade shall not exceed .05 (five one hundredths) foot and in no case shall such deviation vary from one extreme to the other within less than 100 feet from low to high. 3.03 PRIMING 6/1/03 SECTION 02910 120168 Page 7 of 11 :1 A. Prime coat shall be applied only when the base meets specified density requirements and the moisture content in the top half of the base does not exceed 90 percent of the optimum moisture of the base material. At time of priming, base shall be firm, unyielding and in such condition that no undue distortion will occur. 3.04 MAINTAINING A. CONTRACTOR shall assure the true crown and template are maintained, with no rutting or other distortion, and the base meets all requirements at the time the surface course is applied. 3.05 CLEANING BASE AND PROTECTION OF ADJACENT WORK A. Before any bituminous material is applied, all loose material, dust, dirt, cakes clay and other foreign material which might prevent proper bonding with the existing surface, shall be removed for the full width of the application. Particular care shall be taken in cleaning the outer edges of the strip to be treated to insure the prime or tack coat will adhere. B. When the prime or tack coat is applied adjacent to curb and gutter, valley gutter or any other concrete surfaces, such concrete surfaces (except where they are to be covered with a bituminous wearing course) shall be covered with heavy paper or otherwise protected as approved by ENGINEER. Any - bituminous material deposited on such concrete surfaces shall be removed. 3.06 WEATHER LIMITATION A. Prime and tack coats shall be applied when the air temperature, in the shade, is above 40EF, and when all other weather conditions and the condition of the surface are suitable. 3.07 APPLICATION OF PRIME COAT A. Rate of Application for Limerock, Limerock Stabilized, and Local Rock Bases: For these bases, rate of application shall be not less than 0.10 gallon per square yard, unless a lower rate is directed by ENGINEER. B. Sprinkling: If so required by ENGINEER, base shall be lightly sprinkled with water and rolled with a traffic roller in advance of the application of the prime. C. Partial Width of Application: If warranted by traffic conditions, ENGINEER may request that the application be made on only one -half the width of the base at one time, in which case positive means shall be used to secure the correct amount of bituminous material at the joint. 6/1/03 SECTION 02910 120168 Page 8 of 11 192'. 3.08 APPLICATION OF TACK COAT A. General: Where a bituminous surface is to be laid and a tack coat is required, tack coat shall be applied as specified herein below. B. Where Required: In general, a tack coat will not be required on primed bases except in areas that have become excessively dirty and cannot be cleaned, or in areas where the prime has cured to the extent that it has lost all bonding effect. Generally, a tack coat will be required on hot bituminous base courses before placing the surface course. C. Method of Application: Tack coat shall be applied with a pressure distributor except that on small jobs, if approved by ENGINEER, application may be by other mechanical devices or by hand methods. The bituminous material shall be heated to a suitable temperature as designated by the ENGINEER and shall be applied in a thin, uniform layer. D. Rate of Application: Rate of application shah be between 0.02 and 0.08 gallon per square yard. For tack coat applied on concrete pavement which is to be surfaced, the rate of application may exceed the upper limit, if directed by ENGINEER. E. Curing and Time of Application: Tack coat shall be applied sufficiently in advance of the laying of the bituminous mix to permit drying, but shall not be applied so far in advance that it might lose its adhesiveness as a result of being covered with dust or other foreign material. F. Protection: Tack coat surface shall be kept free from traffic until the subsequent layer of bituminous hot- mix has been laid. 3.09 QUALITY CONTROL A. OWNER shall select and pay the engineering testing laboratory for required testing in Work performed under this Section. Should retesting be required because of failure to pass, CONTRACTOR shall pay for additional testing required until Specification requirements are attained. CONTRACTOR shall either promptly reimburse the OWNER for said costs or shall have the amount deducted from the next month's pay request and all subsequent pay requests. In such case, the OWNER shall promptly pay the engineering laboratory for all testing costs. CONTRACTOR is herein required to schedule and make test arrangements with the test laboratory for making the required tests. Test patterns and frequency will be at the direction of the ENGINEER. Frequency of tests shown below shall be considered a minimum. Subgrade - Bearing: One Limerock Bearing Value (LBR) test for each 0 -5000 square yards of subgrade plus one test for each additional 5000 square yards or fraction thereof, plus one LBR for each change of material. One subgrade in place density for each 6/1/03 SECTION 02910 120168 Page 9 of 11 IoD2 0 0 -1000 square yards of base and one test for each additional 1000 square yards or fraction thereof. 2. Base Course: One Limerock Base Course in place density for each 0 -1000 square yards of base plus one test for each additional 1000 square yards or fraction thereof (AASHTO T -180). 3.10 METHOD OF MEASUREMENT A. Quantities to be paid for under this Section shall be the area, in square yards, of stabilized subgrade and crushed limerock base completed and accepted. B. In determining the area of base to be paid for, length to be used in the calculation shall be the actual length measured along the surface of the completed base. Width shall be the actual width of base constructed within lines shown on the Plans, not to exceed the width called for on the Plans. C. In determining the area of stabilized subgrade to be paid for, length to be used in the calculation shall be the actual length measured along the surface of the completed base. Width shall be actual width of stabilized subgrade that does not exceed the width called for on the Plans. 3.11 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. OWNER reserves the right to add or deduct from the Work. Such additions or deductions will be made at the unit prices established in the Proposal. Said additions or deductions shall not exceed twenty -five percent (25 %) of the base bid of the successful BIDDER or BIDDERS without consideration of an adjustment in the unit price. 1. Compacted Base: The quantity of base, determined as provided in Section 3.10, B. shall be paid for at the Contract Unit Price per square yard for this item. Such price and payment shall be full compensation for furnishing, hauling, spreading, compacting, and surface finishing the limerock material; furnishing and placing asphaltic prime coat materials on the road, removing same if necessary, and incidental items shown on the Plans, all performed in a workmanlike manner in accordance with the Plans and Specifications. No separate payment shall be made for bituminous material, sand, or earth applied as a curing agent. 6/1103 SECTION 02910 120168 Page 10 of 11 1602 . 2. Stabilized Subgrade: The quantity of stabilized subgrade determined as provided in Section 3.10, C. shall be paid for at the Contract Unit Price per square yard for this item. Such price and payment shall be full compensation for furnishing, hauling, spreading, mi)dng, compacting, and finishing the subgrade material, and incidental items shown on the Plans, all performed in a workmanlike manner in accordance with the Plans and Specifications. END OF SECTION 02910 6/1/03 SECTION 02910 120168 Page 11 of 11 16D2'. SECTION 02911 ASPHALTIC CONCRETE PART1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of the construction of asphalt base courses, asphaltic concrete surfaces, asphaltic concrete friction courses, the application of prime and tack coats, and the preparation of hot bituminous mixtures used in base and surface courses. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. A. "FDOTSPEC" (Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991), Sections: 280, 300, 320, 330, 331, 332, 333, 337. Any references to these Sections shall specifically exclude all Subsections specifying Compensation, Method of Measurement, or Basis of Payment. The Basis of Payment shall be in accordance with this Section. PART2 PRODUCTS 2.01 CERTIFICATION OF MATERIALS A. Prior to award of the Contract, CONTRACTOR shall submit proof from a state certified testing laboratory that the materials and mixes meet "FDOTSPEC ". ENGINEER may require additional tests from time to time and CONTRACTOR shall furnish said tests. Costs of said tests shall be incidental to construction and borne by the CONTRACTOR. 2.02 ASPHALT BASE COURSES A. Asphalt Base Courses shall meet the requirements of "FDOTSPEC ", Section 280, except as modified. 2.03 PRIME AND TACK COATS A. Prime and Tack Coats shall meet the requirements of "FDOTSPEC ", Section 300, except as modified. 2.04 TYPE S ASPHALTIC CONCRETE A. Type S Asphaltic Concrete shall meet the requirements of "FDOTSPEC ", Section 331, except as modified. 6/1/03 SECTION 02911 120161 Page 1 of 2 16D2 . 2.05 TYPE II ASPHALTIC CONCRETE A. Type II Asphaltic Concrete shall meet the requirements of "FDOTSPEC ", Section 332, except as modified. 2.06 TYPE III ASPHALTIC CONCRETE A. Type III Asphaltic Concrete shall meet the requirements of "FDOTSPEC ", Section 333, except as modified. 2.07 ASPHALTIC CONCRETE FRICTION COURSES A. Asphaltic Concrete Friction Courses shall meet the requirements of "FDOTSPEC ", Section 337, except as modified. PART 3 EXECUTION 3.01 ASPHALT PLANT A. The plant and methods of operation for preparing all plant -mixed hot bituminous mixtures for base and surface courses shall meet the requirements of "FDOTSPEC ", Section 320. 3.02 CONSTRUCTION EQUIPMENT A. The equipment to be used in the construction of the asphalt pavements and bases shall meet the requirements of "FDOTSPEC ", Section 320. 3.03 GENERAL CONSTRUCTION REQUIREMENTS A. The general construction procedures for plant -mixed hot bituminous pavements and bases shall meet the requirements of "FDOTSPEC ", Section 330. B. The construction of asphalt base courses shall meet the requirements of "FDOTSPEC ", Section 280. 3.04 PAYMENT A. Payment for all Work specified in this Section shall constitute full compensation for all Work described herein. The cost of prime or tack coats and bituminous materials shall not be paid for separately, but shall be included in the Contract Unit Price for the limerock or asphalt base, or the asphalt surface specified. Payment for asphalt base, surface, or-friction courses shall be for actual quantities constructed in accordance with the Plans and Specifications measured in square yards or tons as established in the Contract Documents. 6/1/03 SECTION 02911 120161 Page 2 of 2 Section 02911 A 10.18 PLEXIPAVE SYSTEM APPLICATION SPECIFICATIONS ASPHALT SURFACES 1.0 DESCRIPTION 16D2 . This specification covers the application of a new wearing surface texture for Plexipave Tennis Courts and new or existing asphalt concrete tennis courts that have a sound, well - drained base of adequate thickness and stability. Existing surfaces should be properly sloped for good drainage, and free from cracks. The process consists of the repair of any minor depressions, followed by application of the Plexipave System. NOTE: The success of the all- weather characteristics of resurfacing is dependent on a sound base (with good drainage) and asphalt concrete meeting the requirements of The National Asphalt Paving Association and the U.S. Tennis Court and Track Builders Association. Surface variation should not exceed 1/ 8 inch in ten feet. when measured in any direction with a straightedge and a slope of 1 inch in 10 feet, all in one plane. 2.0 MATERIALS 2.1 Plexipave Court Patch Binder - shall comply with Specification 10.14 of California Products Corporation. 2.2 Plexipatch - shall comply. with Specification 10.21 of California Products Corporation. 2.3 Acrylic Resurfacer - shall comply with Specification 10.8 of California Products Corporation. 2.4 Plexipave Color Base - shall conform to Specification 10.5 of California Products Corporation. 2.5 Plexichrome - shall conform to Specification 10.1 of California Products Corporation. 2.6 Plexicolor Line Paint - shall conform to Specification 10.4 of California Products Corporation. 2.7 Water - the water used in all mixtures shall be fresh and potable. Section 02911 A Pagel of 4 Section 02911A Page 1 of 3 1 3.0 CONSTRUCTION 3.1 Surface Preparation - The surface to be coated must be sound, smooth, and free from dust, dirt or oily materials. Prior to the application of surfacing materials, the entire surface should be flooded, and checked for minor depressions or irregularities. Any puddled area covering a nickel shall be marked and repaired with Court Patch Binder using the following mix: 100 lbs. 60 — 80 mesh silica sand (dry) 3 gallons Plexipave Court Patch Binder I to 2 gallons Portland Cement (dry) (depending on humidity and temperature) Tack coat consisting of 1 part Court Patch Binder and 2 parts water shall be applied to the patch areas and allowed to dry thoroughly prior to patching. For more information see CPC Specification 10.14 or 10.21. After patching, the surface shall not vary more than 1/8 inch in ten feet measured in any direction. 4.0 SURFACE COURSE PREPARATION In order to provide a smooth, dense underlayment for the Plexipave system, one application of California Acrylic Resurfacer shall be applied to the surface to obtain a coverage of 15 — 20 sq. yds. per gallon (.07 —.05 gallons per square yard). No application shall be covered by a succeeding application until thoroughly cured. Dilution with water and sand is required utilizing the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20 — 40 gallons Sand (60 — 80 Mesh) 600 — 9001bs. Liquid Yield 112 —138 gallons 5.0 FORTIFIED PLEXIPAVE 5.1 Fortified Plexipave shall be applied by rubber bladed squeegee on the clean, dry surface in 3 applications to obtain a total quantity of not less than .15 nor more than .23 gallons per sq. yd. of area, based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. Fortified Plexipave can be job mixed as follows: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons The diluted material shall be homogeneous. Segregation before or during application will not be permitted. Section 02911A Page 2 of 4 Section 02911 A Page 2 of 3 16D2 . marks. Four hours minimum after completion of the color resurfacing, 2 -inch wide playing lines shall be accurately located, marked, and painted with Plexicolor Line Paint as specified by U.S. Tennis Association. 6.0 LIMITATIONS No parts of the construction involving the Plexipave System conducted during rainfall, or when rainfall is imminent. The air temperature must be at least 50° F and rising. Do not apply when surface temperature is above 140° F. The Plexipave system will not prevent surface or structural cracks from recurring. 11/96 Section 02911A Page 3 of 4 Section 02911 A Page 3 of 3 16D2 0 SPECIAL PROVISIONS FOR TENMI S BASKETBALL AND TirLINE HOCKEY COURT RESURFACING A. CONTRACTOR QUALIFICATION Bids will only be considered from firms regularly engaged in this type of work and who have an established reputation in the construction and resurfacing of termis, basketball and inline hockey courts. The contractor shall furnish, to the satisfaction of the owner, proof of previous experience in all- weather tennis, basketball and inline hockey court construction and resurfacing. B. EXPERIENCE The contractor will submit a list of all- weather tennis basketball and/or courts he has constructed or resurfaced during the past four (4) years. A partial list will be acceptable The list should container owner, location, number of courts and year constructed or resurfaced. C. MATERIAL_ All materials used shall be from a manufacturer that has regularly engaged in the manufacture of these products for a mrnimtun of five (5) years and must meet the product specifications attached The manufacturer will provide written information to the owner tat all products used are 100% acrylic latex systems (no vinyl or vinyl combination systems) and are free of asbestos fillers. This system is composed of a color concentrate and a neutral non - pigmented acrylic with round sand. A color concentrate mixed with local sand will not be considered equal. If other than the standard specified, the contractor shall submit at least four (4) days prior to the bid date, at his own expense, a complete typewritten list of all such proposed substitutions together with sufficient data, drawings, samples, literature and other detailed information as will demonstrate, to the satisfaction of the owner, that the proposed substitute material is equal in quality and utility to that originally specified. If the owner considers tests necessary to determine the quality and utility of any proposed material., such test shall be made at the expense of the contractor by an established and unbiased testing laboratory approved by the owner. The all- weather surfacing materials specified herein are products of the Plexipave Sport Surfacing Systems, 150 Dascomb Road, Andover, MA 01810, or an approved equal. This specifwatioa requires the provision of a complete surfacing system of specialty formulated materials, each compatible with the other, which, when property installed, will produce a high quality of all- weather surface. Under no circumstances will a surfacing system comprised of several products produced or manufactured from different sources be considered. D. METHODS OF CONSTRUCTIQN The filler and Finish courses shall be applied by squeegees and brooms. Mechanical spray equipment and spreaders will not be permitted All materials will be delivered to the job site in their original, unopened containers where they will be checked by the owner. All methods of construction must be submitted to the owner for approval. Manufacturer's direct representative must be readily available to the owner during construction. E. GUARANTEE The contractor shall guarantee all workmanship and materials fora period of one (l) year, save normal wear and tear. Section 02911 A Page 4 of 4 16D2 0 SECTION 02924 PAVEMENT MARKING, STRIPING, AND SIGNS PART1 GENERAL 1.01 SCOPE A. This Section specifies pavement traffic painting, marking, striping, and signing shown on the Plans or called for in the Specifications. In general, all pavement traffic painting, marking, striping, and signing shall comply with the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ", hereafter referenced "FDOTSPEC" and the "Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration ", hereafter referenced as "MUTCD ". 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. PART PRODUCTS 2.01 SIGN PANELS AND POSTS A. Sign panels shall be aluminum. All sign posts shall be frangible aluminum and have a standard extruded aluminum sign bracket clamped to the post 12 inches below grade. Bracket size shall match post diameter. 2.02 SIGN BLANKS AND FACES A. Regulatory and Warning signs as defined in the "MUTCD" shall be high intensity, reflectorized grade. B. Street Name and Guide signs as defined in the- "MUTCD" shall be standard reflectorized grade. C. CONTRACTOR shall submit documentation from the sign suppliers which identifies the reflector grade of each sign. All materials shall meet the requirements of "FDOTSPEC ". 2.03 SIGN HARDWARE A. Signs shall be attached to posts with vandal resistant nuts and carriage bolts with washers. Vandal resistant nuts shall be Tufnut®. Tamper -Pruf, Vandal - Pruf, or approved equal. Nuts and bolts shall be manufactured from high strength aluminum. Button head bolts shall not be used. 611/03 SECTION 02924 120163 Page 1 of 2 16D2 0 �- 2.04 PAVEMENT STRIPING AND PAINTING A. Thermoplastic Striping and Marking - Thermoplastic pavement striping shall be reflective and meet the requirements of "FDOTSPEC ", Section 711. B. Painted Striping and Marking - Painted striping shall be by reflectorized and meet the requirements of "FDOTSPEC ", Section 710. 2.05 REFLECTIVE PAVEMENT MARKERS A. Reflective pavement markers and their installation shall meet the requirements of "FDOTSPEC ", Section 706. PART 3 EXECUTION 3.01 BASIS OF PAYMENT A. Payment for pavement marking, striping, and signing shall be on a unit price basis in accordance with the accepted Proposal. Such payment shall constitute full compensation for furnishing all labor, materials, and equipment necessary to complete the construction on accordance with the Plans and Specifications. OWNER reserves the right to add to or deduct from the scope of the Work, and such additions or deductions will be made at the unit price established in the Proposal. Said additions or deductions shall not exceed 25 percent of the base bid of the successful BIDDER or BIDDERS without consideration of an adjustment in the unit price. END OF SECTION 02924 SECTION 02924 6/1/03 Page 2 of 2 120163 1602 . SECTION 03030 STRUCTURAL CONCRETE PART1 GENERAL 1.01 SCOPE A This Section shall cover materials and methods for performing the construction and placing of all reinforcing steel, concrete, joints, and all other items pertinent to the structural concrete and necessary to complete the Project in full accordance with the Plans and Specifications. 1.02 GENERAL A ENGINEER shall be given 24 hours advance notice of all pours. No concrete shall be placed prior to inspection and approval of ENGINEER. B CONTRACTOR shall provide all items, articles, materials, forms, operations, or methods listed, mentioned, or scheduled on the Plans or herein, including all labor, materials, equipment, and incidentals necessary and required for completion of all concrete Work, both cast in place and precast. 1.03 SPECIFICATION AND STANDARDS REFERENCE A Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART PRODUCTS 2.01 AGGREGATES A. All aggregates shall meet the requirements of ASTM C33 and C88 concerning deleterious materials and soundness. B. Coarse aggregates shall be hard, clean washed gravel, or crushed stone. Maximum size shall not be larger than one -fifth the narrowest dimension between forms of the member for which the concrete is used nor larger than three- fourths of the minimum clear spacing between reinforcing bars, nor larger than one inch. C. Fine aggregates shall be clean, sharp sand. Sand with less than 2.1 fineness modulus, more than 250 ppm tannic acid, or organic content exceeding Organic Plate Number 3 (ASTM C40) shall not be used. 611/03 SECTION 03030 120625 Pagel of 7 16D2 . 2.02 CEMENT A. Cement shall be Type I or II, domestic Portland cement meeting the requirements of ASTM C150. 2.03 WATER A. Water shall be clean, fresh, free from injurious amounts of mineral, organic substances, acids, or alkalize. 2.04 EXPANSION JOINT MATERIAL A. Premolded expansion joint filter strips shall be thickness indicated of premolded, resilient, compressible reexpanding, nonextruding, bituminous, and fiber material. 2.05 REINFORCING STEEL A. Intermediate grade, new billet steel, deformed bars, free of loose rust, scale, dirt, or oil, meeting the requirements of ASTM A615. Minimum yield of 40,000 psi, Grade 40, unless otherwise designated. Welded wire mesh shall be of the size and gage shown on the Plans and shall meet the requirements of ASTM A185 or A497. 2.06 ACCESSORIES A. Metal accessories shall include all spacers, chairs, ties, and other devices necessary for properly piecing, spacing, supporting, and fastening reinforcement in place and shall be in accordance with the "Manual of Standard Practice for Detailing Concrete Structures ", ACI 314. 2.07 CURING COMPOUND A. All exposed concrete compressive shall be thoroughly coated with an approved, nonstaining curing compound meeting the requirements of ASTM C309. Application shall be made immediately after initial set at removal of forms. 2.08 CONCRETE CLASSES A. All 28 day concrete strengths shall conform to the following unless noted otherwise on the Plans: 1. Prestressed and Structural 5000 PSI: Included are all prestressed members, and certain structures subjected to heavy vibratory loads or severe earth and /or hydrostatic pressures. 6/1/03 SECTION 03030 120625 Page 2 of 7 16D2 . 2. Structural 4000 PSI: Structural members included are beams, columns, floor slabs (column or pile supported), shear walls, bridges, underground structures deeper than ten feet, precast concrete piling, topping of prestressed members. 3. Structural and Nonstructural 3000 PSI: Included are sheet pile walls, including caps, slabs on grade, bridge approach slabs, curbs, shallow inlets or manholes (less than ten foot depth), and all other concrete members not included in paragraph 2.07 or designated on the Plans. 4. Nonstructural 2500 PSI: Included are retaining wall anchor blocks, thrust blocks, and concrete backfill. 2.09 CONCRETE MIX DESIGNS A. An Independent Testing Laboratory selected by the ENGINEER and paid by the CONTRACTOR shall design all concrete mixes. Mixes shall be proportioned in accordance with ACI 318 and the requirements set forth herein. Slump (ASTM C143): 4+ 1% 2. Air Content (ASTM C231 or C173): 4+ 1% 3. 28 Day Strength: As required by structure type. 2.10 TESTS ON CONCRETE A. The Testing Laboratory selected by ENGINEER and paid by the CONTRACTOR shall make, cure, transport, and test a minimum of four compression test cylinders for each 50 cubic yards of concrete or fraction thereof per day. Slump tests and air content check, using a Chase Air Kit, will be conducted on concrete sampled for test cylinders and there results shall be reported. Concrete tests shall be conducted in accordance with applicable Specifications listed below and shall be conducted on the exact mix proportions to be placed in the forms: 1. Specifications: ASTM C31 2. ASTM C39 3. ASTM C172 4. ASTM C173 or C231 or Chase Kit 5. ASTM C143 B. The selected testing laboratory shall be considered as a representative of the OWNER and shall have the full cooperation of the CONTRACTOR, including incidental labor as required to properly sample materials in the field. 611/03 SECTION 03030 120625 Page 3 of 7 16D2 C. Two copies of all test reports shall be sent directly to the ENGINEER and one copy to the CONTRACTOR by the laboratory. D. CONTRACTOR is fully responsible for all concrete and concrete Work and finishes and shall reject all delivered concrete and finishes not meeting these Specifications. He shall be responsible for securing laboratory representative when such data is taken for the OWNER or by other independent tests. In case of discrepancies in data secured, the OWNER'S data is considered conclusive. The testing laboratories' representatives shall immediately notify the ENGINEER of any variation from specified properties of delivered concrete. In the event the ENGINEER is not available to render judgment on acceptability of concrete not meeting the Specifications, the testing laboratory representative may inform the CONTRACTOR of such non compliance and the concrete shall be considered rejected and shall be removed permanently from the job. Concrete so rejected shall not be returned to the job under any conditions. 2.11 SUBSTANDARD TESTS A. If the strength of any cylinder for any portion of the structure falls below compressive strengths called for on the Plans, ENGINEER shall have the right to order a change in the proportions or the water content of the remaining portion of the structure, require conditions of temperature and - moisture necessary to secure the required strength, or also may require tests in accordance with "Standard Methods of Securing, Preparing, and Testing Specimens of Hardened Concrete for Compressive and Flexural Strength" (ASTM C42), or order bad tests to be made on the portions of the structure so affected. Under - strength concrete rejected by ENGINEER shall be promptly demolished and removed from the Project and replaced with new concrete meeting Specification requirements at no additional cost to the OWNER. 2.12 READY -MIX CONCRETE A. Ready -mix concrete shah meet the requirements of ASTM C94. Maximum mixing time from charging to discharging shall be 1 % hours. B. Additional water up to one gallon per cubic yard may be added to the mixer at the job site to adjust slump if necessary, and additional air entraining agent may be added to increase air a maximum of one percent without rejection. 6/1/03 SECTION 03030 120625 Page 4 of 7 16D2 . PART 3 EXECUTION 3.01 FORMS A. Forms shall be constructed to conform to the shape, form, line, and grade required and shall be maintained sufficiently rigid to prevent deformation under bad. B. Joints shall be tight and leakproof and arranged vertically or horizontally to conform to the pattern of design. Where forms are placed in successive units for continuous surfaces, they shall be fitted to accurate alignment so that the completed surface shall be smooth and free from irregularities. In long spans, where intermediate supports are not possible, the anticipated deflection in the forms due to weight of the fresh concrete shall be accurately figured and taken into account in the design of the forms so the finished concrete members will have true surfaces conforming accurately to the desired lines, planes and elevations. Lumber used in forms shall have nails withdrawn, and surfaces exposed to concrete carefully cleaned before reuse. All forms shall be constructed to be removed readily without hammering or prying against the concrete. Temporary openings shall be provided as necessary in the bottom of wall and pier forms to facilitate cleaning and inspection. Openings in sides of column forms shall be used to limit the free fall of concrete to that specified in this Section of the Specifications if tremies are not used. Forms shall be constructed so that the sides may be removed with the bottom remaining in place. C. Forms shall be coated with oil, applied before the reinforcement is placed. Form oil on reinforcement will not be permitted. D. Load supporting form stripping shall require concrete tests to insure sufficient strength. 3.02 REINFORCING STEEL A. Reinforcing steel, fabricated to shapes and dimensions shown, shall be placed as indicated on the Drawings in accordance with "Manual of Standard Practice for Reinforced Concrete Construction ", as published by CRSI, Concrete Reinforcing Steel Institute. B. In all points where bars lap or splice, a wire tied minimum lap of 24 bar diameters shall be provided, unless otherwise shown. Splices in piers (columns) shall be lapped 24 bar diameters of smaller bars to transfer the full stress by bond. C. Except as otherwise shown on the Plans or specified, construction shall conform to the following requirements: 611/03 SECTION 03030 120625 Page 5 of 7 16D2 1. Minimum Concrete Covering Over Steel Reinforcement 2. Beams & Girders: Two Inches Primary Steel 3. Slabs: Three - fourths Inch 4. Walls: Two and One -half Inches 5. Foundations & Salt Water Structures: Three Inches D. Shop detail and placing Drawings for all reinforcing steel and accessories shall be furnished for approval by ENGINEER. No fabrication shall be done except from approved Shop Drawings. 3.03 EXPANSION JOINTS A. Expansion joint materials shall be installed as indicated on Plans and subject to approval of ENGINEER. In no case shall the reinforcement or other fixed metal items bonded into the concrete be run continuous through an expansion joint. 3.04 CONSTRUCTION JOINTS A. Joints not shown or specified shall be located as to least impair the strength and appearance of the Work. Placement of concrete shall be carried on at such a rate that the surfaces of concrete which have not been carried to joint levels will not have attained initial set before additional concrete is placed thereon. Beams and slabs shall be placed in one operation. Special provisions shall be made for jointing successive pours as required by the ENGINEER. Keyed cold joints shall be used in slabs on grade. 3.05 PLACING CONCRETE A. Concrete shall be handled from the mixer or transport vehicle to the place of final deposit in a continuous manner, and as rapidly as practicable until the given unit of operation, approved by the ENGINEER is completed. Concrete that has attained its initial set or has contained its water content for more than 1 -1/2 hours shall not be deposited in the Work. Concrete shall be deposited in the forms as nearly as practicable in its final position to avoid rehandling. Immediately after depositing, concrete shall be compacted with a vibrator to force out all air pockets and Work the mixture into corners, around reinforcement and inerts, and prevent the formation of honeycomb. Concrete shall not be placed on concrete which has hardened sufficiently to cause the formation of seams and planes of weakness within the section. Concrete shall not be allowed to drop freely more than eight feet. Where greater drops are required, a tremie or other method approved by the ENGINEER shall be employed. The discharge of the tremie shall be controlled so concrete may be effectively compacted into horizontal layers not exceeding 12 inches in thickness with a minimum of lateral movement. 6/1103 SECTION 03030 120625 Page 6 of 7 16D2 . 3.06 PROTECTION AND CURING A. Concrete shall be protected from the loss of surface moisture for seven days. The method of application of curing agents shall comply with all recommendations of the manufacturer. 3.07 FINISHES OF CONCRETE OTHER THAN FLOORS AND SLABS A. Any slight honeycomb and minor defects shall be patched in all concrete, using cement mortar. B. Smooth finish shall be given to all surfaces exposed to view. Smooth finish shall be obtained by use of plywood or form linings or as otherwise indicated herein or on the Plans. Joint marks shall be smoothed off and all blemishes removed, leaving finished surfaces smooth and unmarred, subject to approval by the ENGINEER. 3.08 CONCRETE SLAB FINISHES A. In preparing base slabs for various finishes, slabs shall be struck off true at the required level below the elevation or grade of the finished floors, as shown on the Plans. Floors shall be level within a tolerance of 1/8 inch in 10 feet, except where floors pitch to drains. B. Floor slabs to receive mortar setting beds or integral floor finish shall be screeded level and suitably roughened to receive the applied finish. Sidewalks shall receive a fine broom finish. C. Floors in all spaces scheduled to have "monolithic" carpet or vinyl tile finish shall have a smooth steel troweled finish. 3.09 BASIS OF PAYMENT A. Payment for all items referenced by this Section will be on either a lump sum basis per structure or parts thereof, or on the basis of cubic yards of concrete and pounds of reinforcing steel as delineated in the Proposal. END OF SECTION 03030 6/1/03 SECTION 03030 120625 Page 7 of 7 16D2 EXHIBIT K PERMITS GC- CA -K -1 16D2 . Q R T Cothmu De 19pTatInt and nviromOta, O 1XviSton Adolfo Gonzalez, P.E. ntxti :ery oes:1,VIVtIS WilsonMiller, Inc 28110 NcirthHpi$;eslz�e.i} rive + kal,,Flcisia 341' 3200 Bailey Lane, #200 Naples, FL 34105 239 - 649 4040 RECEIVED Re: Final Site Development Plans Approval "SDPA- 2004 -AR -6532, EAGLE LAKES PHASE TWO" Project Number 2004090042 , Dear Mr. Gonzalez: 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 ACHTTECTURAL 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. b) Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. c) Please call Mr. Don Nobles at 403 -2391 to schedule a pre- construction meeting a minimum of 48 hours prior to start of construction. d) 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: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day e) The review and approval of these improvement plans does not authorize the construction of required improvements, which arc inconsistent with easement of record. Page 2 Eagle Lakes Phase Two March 2, 2045 16D2 . f) 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. U- tility a) See attached Exhibit "A" b) "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE M 9MR DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSATLLATION ". c) No water or sewer utility construction shall commence until proper DEP permits have been obtained. 3. Subdivision All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. 4. Environmental Site clearing is conditioned to the stipulations contained on the approved site plan. 5. 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. 6. Addressing Pursuant to Ordinance No. 99 -76, no proposed subdivision, street, building, condominium or development 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 .Tray utilize the name of the subdivision. Any changes to fne project name shall be reviewed and unproved by CommueityDeveloprnent and Envisonrnental SemicesAddressinng Department Supp. Tech. Spec. 01001 - Permit Exhibits Page 2of31 Page 3 1602 Eagle Lakes Phase Two March 2, 2005 7. 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. See attached inspection checklist for SDP improvements. Three (3) sets of approved plans, four (4) sets of architectural plans and one (1) sets of landscape plans are being returned herewith for your use. Two copies of approved SDP shall be attached to each set of building plans submitted. Applicatiom i1 this b a simultaneous submittal it is the AM1 approved architectural plans into the Building Degdrtment 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. Sincerely, Thomas E. Kuck, P.E. Engineering Services Director/ County Engineer cc: Abe Skinner, Property Appraiser (w /attach.) Don Nobles, Engineering Inspections Supervisor (w/attach.) Ivette Monroig, Platming Tech. MICHAEL DERUNTZ, Project Planner Customer Services/Addressing (w /attach.) Sherry Eaton, Engineering Technician Diane Deoss, D.O.R Jacquelyn Johnson, Engineering Tech., Public Utilities Engineering (w /attach.) Wes Hill, Engineering Inspections SDPA- 2004 -AR -6532, (w /attach.) Engineering Reading File Supp. Tech. Spec. 01001 - Permit Exhibits Page 3 of 31 16D2 . Project Name Site Development Plan (SDP)cZ VI. SDP Specific 1. Handicap parking location, markings, access aisles, ramp to building, signs, etc. 2. Driveway and parking aisle widths, radii 3. Right -of -way permit conditions, culvert, swale, Swale restoration, sidewalk, etc. 4. Parking location, wheel stops, dimension S. '' Traffic control signs, striping 6. '" Site grading 7. All storm structures and all drainage piping clean and free of debris 8• Landscape, as per plan 9. Exotic Removal t0. H:/RU-3 F --vRDP Sveci & Ur.--win Supp. Tech. Spec. 01001 - Permit Exhibits Page 4 of 31 EXHIBIT "A" Eagle Lakes Ph 2 16D2 . 2. All on -site water, shall be owned and operated by the applicant, his successors or assigns. 3. Representatives of the Engineering Services Department are to meet with your office and the Contractor for a pre- construction conference. Scheduling can be arranged by contacting Don Nobles at 403 -2391. Advise in writing with 48 hours notice of time and date. Conference shall be conducted at the Development Services Building. 3A). There shall be a on -site conference scheduled which will include the Developer, Engineer of Record and representatives of Engineering Review Service. Conference may be scheduled by call Wes Hill @ 213 -2905 or Carmen Richards @ 403 -2423. 4. Inspections during construction required by the Collier County Public Utilities Division, that must be coordinated by the Water Distribution Department are listed below. Scheduling of date, time, method and material can be arranged by calling 775 -2007 with a minimum of 48 hours written notice. a) Usage of water from the District water facilities for filling, flushing and testing - purposes. Prior approval of time and method of usage is mandatory. b) Flushing, using approved methods and materials for all water mains. c) Bacteriological sampling of all water mains. d) Testing, clearance and certification of backflow device. 5. Inspections during construction required by the Public Utilities Division, that must be coordinated through the Engineering Services Department, are listed below. Time and date can be arranged by calling Don Nobles at 403 -2391 or Randy Casey at 403 -2418. A minimum of 48 hours written notice is required to arrange scheduling. Hot taps and/or tie -ins to district water mains Pressure testing of all water mains Inspection of conflict construction Other tests or inspections as specified by the Utilities Division Be advised that it is your responsibility to coordinate the above tasks with the Public Utilities Division, Water Distribution or Wastewater Collections and Engineering Services Department, including approval of schedules, specific procedures, methods and materials. 7. All inspections of the completed utility work prior to the conveyance shall be coordinated through the Engineering Services Department with a 48 hour written notice requesting the facility inspection. Supp. Tech. Spec. 01001 - Permit Exhibits Page 5 of 31 Pxhibit "A" Page 2 16D2 8. Prior to the issuance of Certificates of Occupancy and/or final acceptance of this project into the County system, the following shall be completed: a) Actual field testing of water mains for domestic and fire flow demands, shall occur. Final approval and acceptance of the project is contingent upon joint approval by the applicable Fire Control District, Engineering Services Department and the Public Utilities Division. 9. This project shall require a water meter 2 or less to be set by the County Public Utilities Division on existing main. The meter may be set prior to board acceptance of utilities. Certificate of Occupancy will be withheld until such time as utilities facilities have been accepted. 10. Attached is a copy of the Utilities Division check list which indicates the items which must be submitted upon completion of the proposed utility facilities for acceptance by the Board of County Commissioners. 11. Approval of the construction drawings as shown DOES NOT CONSTITUTE APPROVAL OF THE METER SIZING . The Public Utilities Division shall size the meters at time of application. 12. If there are any changes made to the approved construction plans by the FDEP, the changes shall be resubmitted the Engineering Services Department for additional review and approval. Supp. Tech. Spec. 01001 - Permit Exhibits Page 6 of 31 16D2 . Utilities Conveyance Checklist POTABLE WATER, NON - POTABLE IRRIGATION WATER AND WASTEWATER FACILITIES ACCEPTANCE Today's Date: 2110105 Project Name: Eagle Lakes Ph 2 Project No.: 2004090042 AR #: 6532 Legal. Documents In `0m WA MV16 r accepted Item Needed 1. Z ❑ ❑ Attorney's Affidavit 2. ® ❑ ❑ Owner's Affidavit 3. ® ❑ ❑ Warranty Deed/❑Bill of Sale /❑with Exhibit B per utilities standards and Procedures Ordnance Section 10.2.6 4. ED ❑ ❑ Utilities Facilities Securities Subordination (required when any security interest in the utility facilities/systems is involved). UCC -1(s) can be subordinated by a Subordination or by use of UCC -3(s). - 5. [ ❑ ❑ Copy of last Deed that conveyed title of the Associated Real Property, and Copy of all Utility Easements then being conveyed to the County (Utility easements are not required provided all utility facilities then being conveyed are in public right -of way, are in then existing utility easements, or are in CUEs) g, 0 ❑ ❑ Legal Description, if County Utility Easements required, with Surveyor's Sketch of Easement. Submit four (4) signed and sealed copies of each easement. Easements are not required if all systems are installed in then existing CUEs, appropriate then existing utility easements that contemplate the respective facilities, or in public right- of -way- , ® ❑ ❑ UCC -1; UCC -3 Forms (if not released by Item 4 above) 8. 0 ❑ ❑ One (1) copy of Recorded Plat 9. a ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or portion(s) thereof constructed 10. ❑ ❑ ❑ ID number or Folio number of Property 11. ❑ ❑ ❑ Utilities Performance Security (UPS) 10% of Total Cost Ip us ❑ 11 ❑ Final Obligations cash bond of not less than $4,000. 12. 0 ❑ ❑ Facilities Lease (when applicable) 13.0 ❑ ❑ Facilities Lease (including Sub - Developer) use Form 10.1 Supp. Tech. Spec. 01001 - Permit Exhibits Page 7 of 31 Notes CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97 -17, AS AMENDED Page 2 Tests, Certifications and Suvolementat Documents 16D2 . "'" mvie , tw Item Needed Notes 1. ® ❑ ❑ Video tape of constructed gravity sewer systems, or portion(s) thereof constructed 2. ® p ❑ Certification of pressure testing of wastewater force mains by Engineer of Record 3. 0 ❑ ❑ Certification of the infiltration/exfiltration tests for the sewer lines by Engineer of Record 4. ® ❑ ❑ Coating certification from the manufacturer or a professional testing laboratory for all manholes, wet wells and dry well. 5. ® ❑ ❑ Lift station(s) start up report(s) 6. ❑ ❑ Electrical Contractor's certification of Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications 7. ❑ ❑ ❑ Certification of pressure testing of water mains by Engineer of Record 8. ® ❑ ❑ Letter by Engineer certifying that all water and/or sewer facilities _ are located within the public right -of -way or dedicated easements 9. ❑ ❑ ❑ One year (1) Warranty on work performed and system(s) or portion(s) thereof installed by Utilities Contractor 10. ❑ ❑ ❑ Engineer's Final Payment Confirmation 11. ❑ ❑ ❑ DEP Certification and copy of General Permit for WATER facilities (including interim facilities, if applicable); In- Service Letter to be forwarded when received 12.0 ❑ ❑ DEP Certification and copy of General Permit for SEWER facilities (including interim facilities, if applicable); In -Service Letter to be forwarded when received 13. ❑ ❑ ❑ Lab results on bacteriological tests for potable water mains 14. ED ❑ ❑ Satisfactory Test Reports and Certification of backflow device by Certified Laboratory. 15. ❑ ❑ ❑ Verification of Final Cost (include materials and tabor, misc.) Cost breakdown — County/Private (materials only) i.e. detailed quantities, sizes, unit cost, total cost, etc) 16. ® ❑ ❑ Letter from Engineering Inspections certifying that the Preliminary Inspection reveals that the utilities system(s), or portion(s) thereof, has been constructed in accordance with County Ordinances and Regulations 17. ❑ ❑ ❑ Letter from the Fire District regarding ownership and maintenance of fire hydrants 18. ® ❑ ❑ Signed copy of field fire flow testing by the applicable Fire Control DistX ict Supp. Tech. Spec. 01001 - Permit Exhibits updated =M005 Page 8 of 31 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97 -17, AS AMENDED Page 3 Engineering Documents 16D2 . WA 1e„; e„ Item Needed ❑ ❑ Three (3) complete sets to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water, non - potable Irrigation water OR wastewater system(s) or portion(s) thereof 2, 0 ❑ ❑ Five (5) complete sets to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water AND wastewater and/or non-potable :irrigation water system(s) or portion(s) thereof 3, ID ❑ ❑ One (1) computer - generated disk of files in accordance with Section 10A Record Drawings Office Use Only below this line ❑W ❑W/S Lis Notes Supp. Tech. Spec. 01001 - Permit Exhibits UpMed 3=005 Page 9 of 31 ;CGOVernor Department of Environmental Protection South tit P.O. Box 2549 Fort Myers, Honda 33902 -2549 October 4, 2004 CER'TUM D MAIL. NO. 7004 0750 0003 9120 0068 RMIRN RECEIPT REQUESTED Collier County c% WillsonmHer, Inc. 3200 Uley bane, Suite 200 Naples, PL 34105 Attention: Mr. Adolfo A. Gonzalez, P.E. Dear hfr. Go?l<zalez: 16D2 %QE' OCT - 5 ki, F Colleen M. Cwiie S -ftt -Y Re: Collier County - ERP DEP File No. 11-0141573-002 ogle Lakes Park (flkla South Naples Park) Modification to.- DEP P itNo. 11- 0141573-001 Southwest Coast EMA Your request to modify this permit has been received and reviewed by Department staff. The proposed permit modifications are for. I. A proposed sidewalk connecting the park with the existing sidewalk along US 41. 2. A maintenance building is proposed on top of a paved area constructed in Phase 1.. It is noted that the: other Phase 2 improvements generally conform with the original master plan approved in IEW Permit No. 11 -0141573 -001. Attached is a drawing submitted to indicate the areas to be modified: L Sheet 3 of 6,(8 Y2"xl l" reduced drawing), "Eagle Lakes (fWa South Naples) Park Phase 2 Improvements ", dated 9/21104, as prepacard by WilsonMller, Ise. After thorough review by staff, the proposed modifications One not expected to adversely affect water quality and will not be contrary to the public %tersest. Based on the information submitted, Department staff has 'determined that the proposed activities are in compliance with the original permit and appropriate provisions of Part IV, Chapter 373 and should have no .significant effect on the storariwater management system. The proposed activities appear to be in accordance with Chapter i1A,oraPras�i;Qrt 1�sa Pr�,aeaa" Supp. Tech. by V6IM - Permit Exhibits Page 10 of 31 •1 Applicant: Collier County File No. 11 -0141573 -002 Page 2 of 5 40F,4-331(2)(b) which presents criteria for the modification of permits. Therefore, these changes have been recorded in our files. The list of permit drawings, as shown on Page 2 of 13, of Permit No. 11-0141573-001, is modified as follows: FliOWL- The following six (6) Sys" xl1- reduced drawings, signed and wAW by John S. Kempton, P.E., on Septefijbcr 14,1998, are incorporated by reference and attached to this permit: ft No. Sheet No. Revision No. Al I of 2 A2 2 of 6 None A3 3 of 6 2 A4 4 of 6 2 AS 5 of :6 2 A6 6 of '6 None T0: Ttte following seven (7) 8Wxll" reduced drawings, Exhibits AL through A6, signed and sealed by-John S. Kempton; PY-, on September 14,1998, and`P bibit A7, signed any€ - sealed' by Adolfo A. Comalez, P.E., on September 21, 2004, are incorporated by reference and attached to this permit: Exhibl No. Sheet No. Revision No. Al 1 of 6 2 A2 2 of 6 None A3 3 of 6 2 A4 4 of 6 2 A5 5of6 2 A6 6 o 6 None A7 3 of 6 1 This letter of approval does not alter the Construction Expiration Data of January 15, 2004, or the 19 General Conditions and 14 Specific Conditions as originally issued in the permit. This letter and accompanying drawing must be attached tQ the original penult. This modification is herebygranted unless a timely petition for an administrative hearing is filed- under-Sections 120.569 ate 110.51 of the FWda Statutes, before the deadline for fij i ng a petition. The procedures for petitioning for a hearing arc set forth below. Mediation is not available. Supp. Tech. Spec. 01001 - Permit Exhibits Page 11 of 31 16D2 Applicant: Collier County File No. 11 -0141573 -002 Page 3 of 5 A person whose substantial interests are affected by the Department's action may petition or an administrative proceeding (hearing) under Sections 120.569 and 12057 of the Florida Statutes. The Petition must contain the information set forth below an mast 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- 3600. 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 pmt or even a denial of the application. 1f a sufficient petition for ati administrad hearin g or ro quM for an oxtension of time to file a petition is timely flied, this permit automatically becomes only proper agency Faction on the application, subject to the result of the administrative revieW, process. AcccrdnglY, 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- 110106(4) of the Florida Administrative Code, a person whose substantial sts ale affected by the Department's action may also request an extension, of time to jWe a petition admirnstm ive hearing, M he Department may, for good cause shown, grant, the request for an Sion of time, i+equeats for extension of time must be filed with the Office of General Counsel: of Vartment at 3000 COmmonwealth Boulevard, Nail Station 35, Tallahassee, Florida 32399 -3000, the applicable deadline. A`timely request for extension of time shall toll the running of the time 1 for hling.a petition until the request is acted upon. In the event that a timely and sufficient petition for an administrative hearing is filed, other pemcros whose svbstantid interests will be affected by.the outcome of the administrative process have the'XI ht to petition to intervene in the proceeding. Any intervention will be only at the discretion of the pvmdiug officer upon die filing of a'motion in compliance with rule 28- 106.205 of the Florida Administrative Code. m accordance with Rules 28- 106.111(2) and 62- 110.106(3Xa)(4), petitions for an administrative hearing by the applicant or any of the parties listed, below must be deer within 21 days Of receipt Of this written notice. Petitions filed by anypersons other than those eatitled to written notice udder Secttioh 128.60(3) of the Florida Statutes must be filed within 21 days of publication of the Mice?or within 21 day$ 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 notice of agency action may file a petition within 21 days of receipt of such notice. regardless of the date of publication. The,potitioner 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 hearing within the appropriate time period shall` constitute a waiver of that person's right to request an administrative determination ft wing) under Sections 120.569 and 120.57 of the Florida Statutes. Supp. Tech. Spec. 01001 - Permit Exhibits Page 12 of 31 16D2 . Applicant: Collier County Fite No, 11 -0141573 -002 Page 4 of 5 A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address and telephonenumber 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'$ substaritial'rtiterests are or will be affected by the agency determination; (e) 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 am 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 agony's proposed action; (g) A sta moment of the relief sought by the petitioner, stating precisely the action that the petitioner!wishos the agency to take with mapect to the agency's proposed action. A petition that does not dispute the material facts on which the Depet�nVe action is based shall std that no such facts are in dispute and otherwise 'shall contain the same information 4a het foxth aboya ,as required by Haile 28- 106.301. Under Sections 1=509(2)(0) and (d) of the Florida Statutes, a petition for administrmve hearing must be dismissed by the agency if the petition does not substantially comply with 'the, above requirements or is untimelyfiled. . The action is final and affective on the date filed with the Cleric of the Department unless a peWon 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 permit constiuMs an order of the DgWtinent. The applicant has the right to seek judicial review o11 heord" under Seth 12A.68 of the f lozida Statutes, by the Sling of a notice, of appeal underRule 9,110 of the kodiia kulea of Appellate Procxdutt with the Clerk 0 ", Department in the Goner"flunsel, 3900 CommonweaM Boaievwd, lwlW'Stataon 35 ThIbliassee, Florida, 32*� and by filing a copy of the notice of appeal accompanied by 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 Cleric of the Department. The applicant, or anyparty widdu the meaning of Section 373.114(1.)(a) of the Florida Statutes, may also seek appellate review of this order Section 373,114(1) of the Florida Statutes. Requests for review before the Land and Water Supp. Tech. Spec. 01001 - Permit Exhibits Page 13 of 31 16D2 Applicant: Collier County File No. 11- 0141573 -002 Page 5 of 5 Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the final order is filed with the Clerk of the Dent. Sincerely, 7 "NL ehazt ,' Acting `Director of District Management JNWLABfjdm One (3) drawing am►c ed cc: U,& Army Cbrps of B*neas, Fat Myers C©U" Cetn tyM*perty Appraise - FILING AMID-A►CKNOWLEDGAUM FnM, on this date: pursuant to 4 Section f 20.57, Florida Statutes, with the designated agent, Receipt of which is hekby so' knowledged. cl 6 Supp. Tech. Spec. 01001 - Permit Exhibits Page 14 of 31 age i o o 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF a WATER MAIN EXTENSIONS FOR PWSs INSTRUCTIONS: This notice shall be completed and submitted by persons proposing to construct projects permitted under the "General Permit for Construction of Water Main Extensions for Public Water Systems" in Rule 62- 555.405, F.A.C. AT LEAST 30 DAYS BEFORE BEGE,N- ING CONSTRUCTION OF A WATER MAIN EXTENSION PROJECT, complete and submit one copy of this notice to the appropriate Department of Environmental Protection District Office or Approved County Health Department (ACRD) along with payment of the proper permit processing fee. (When completed, Part II of this notice serves as the preliminary design report for a water main extension project, and thus, it is unnecessary to submit a separate preliminary design report or drawings, specifications, and design data with this notice.) All information provided in this notice shall be typed or printed in ink. The permit processing fee for projects requiring the services of a professional engineer during design is $250, and the permit processing fee for projects not requiring the services of a professional engineer during design is $100.* Checks for permit processing fees shall be made payable to the Department of Environmental Protection or the appropriate ACRD. NOTE THAT A SEPARATE NOTIFICATION AND A SEPARATE PERMIT PROCESSING FEE ARE REQUIRED FOR EACH NON - CONTIGUOUS PROJECT.' * Ezcept as noted in paragraphs 62- 555.520(3)(a) and (b), F.A.C., projects shall be designed under the responsible charge of one or more professional engineers licensed in Florida. t Non - contiguous projects are projects that are neither interconnected nor located nearby one another C. e., on the same site, on adjacent streets, or in the same neighborhood). B. Description of Project and Its Purpose: Extend existing on -site fire main to provide an additional fire hydrant and water supply to proposed maintenance building. Extend existing on -site service lines to proposed interactive water feature and future water service line to tennis courts. C. Location of Project 1. County Where Project Located: Collier County 2. Description of Project Location: Street Address: 11567 Tamiami Trail East (located west of main entrance to Lely Resort) D. Estimate of Cost to Construct Project: $45,500 E. Estimate of Dates for Starting and Completing Construction of Project October 30, 2004 to October 1, 2005 F. Permittee PWSJCo Name: Collier gTM Board of County Commissioners PWS Identification No.:* PWS 11 Community EINon-TransientNon-Community Transient Non -Co Consecutive Contact Person: Clint L, Perryman I Contact Person's Title: Project Manager Contact Person's Mailing Address: 3300 Santa Barbara Boulevard Contact Person's Title: Utilities Engineering Director Ci : Naples State: Florida Zip Code: 34116 Contact Person's Telephone Number: 353 -0755 Contact Person's Fax Number. 353 -1002 Contact Person's E -Mail Address: clinton acollier ov net ! Contact Person's Fax Number. 239 -732 -2526 I T his information is required only if the permittee is a public water system (PYYS). G. Public Water System (PWS) Supplying Water to Project PWS Name: Collier County Public Utilities I PWS Identification No.: 5114069 PWS T Community 0 Non- Transient Non-Community Transient Non-Community Consecutive PWS Owner: Collier County Board of County Commissioners Contact Person: Roy B. Anderson, P.E. Contact Person's Title: Utilities Engineering Director Contact Persons Mailing Address: 3301 Tamiami Trail East 1.gi : Naptes State: Florida i Zip Code: 34112 ! Contact Person's Telephone Number: 239- 732 -2575 ! Contact Person's Fax Number. 239 -732 -2526 I Cor= —ct PE 's E Mf&-I Address: Po',+Anderson�, - oliieMo -, - et I DEPFWM62.55&- ) Supp. Tech. Spec. 1 Q01 - Permit Exhibits 2E. 2003 Page of 31 16D2 . NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Project Name: Eagle Lakes Phase 2 1 Perrnittee: Collier County Board of County H. I. Yup11c w ater a ystcm r ry al u,a, rr ,., v -r,, . ,., - CiI.Y. l..a --- . -- -- - - -- - - - PWS Name: Collier Coup Bd of Coun Commissioners c/o Parks & Rec. D t. PWS Identification No.:* PWS T • Cornmuni Non - Transient Non-Cormmmity n Transient Non-Corimumity. n Consecutive PWS Owner: Collier County Bd of County Commissioners c/o Parks & Rec. Dept Contact Person: Clint L. Perryman I Contact Person's Title: Project Manager Contact Person's Mailing Address: 3300 Santa Barbara Boulevard City: Naples State: Florida Zip Code: 34116 Contact Person's Telephone Number: 353 -0755 1 1 Contact Person's Fax Number: 353 -1002 Contact Person's E -Mail Address: clinton collier ov.net This information is requirea onry 17 me ownenoperu,ur a ai, c aL uW$6 l •• )._ •L,_ rat_ _r Tl_ rroresslonat ❑rI cis ua vu,ca r vao -oz ►.w - - Company Name: WilsonMiller, Inc. Designer(s): Adolfo A. Gonzalez, P.E. Title(s) of Designer(s): Record Engineer Qualifications of Designer(s): X Professional Engineers) Licensed in Florida - License Number(s): 42577 ❑ Public Officer(s) Employed by State, County, Municipal, or Other Governmental Unit of State ❑ Plumbing Contractor(s) Licensed in Florida - License Number(s):^ Mailing Address of Designer(s): 3200 Bailey Lane Suite 200 City: Naples State: Florida Zip Code: 34105 Telephone Number of Desi s): 649-4040 I Fax Number of Designer(s): 263 -6492 E -Mail Addresses) of Designer(s): adolfogonzalez @wilsonmiller.co:n * Except as noted in paragraphs ana toy, P -AA-., prujmu J.,,.„ rw uw,s.— _ - -- or more professional engineers licensed in Florida. t Attach a detailed construction cost estimate showing that the cost to construct this project u $10,000 or less. ^ Attach documentation showing that this project will be installed by the plumbing contractor(s) designing this project, documentation showing that this project involves a public water system serving a single property and fewer than 250 furture units, and a detailed construction cost estimate showing that the cost to construct this project is $50,000 or less. 1 vice Area, Water Use, and Service Pressure informanon Desim Tvpe and Number of Service Connections, and Average Daily Water Demands and Maximum -Day Water Demands, in Average Daily Wager Demand for These Facilities: Avg daily demand based on cooler t;ounry levee of service suauua,u =Ua ..r;.,at,• -tar cvcternc as described in the Collier County Growth Mara ement Plan - Public Facilities Element - Potable b. Explanation of Pealing Factor(s) or Method(s) Used to Estimate Maximurr> -Day Water Demand: Peaking factor = 4.0 based on the same peak factor used in the original design for Phase 1 This is greater than factor of 1.54 derived f -om the on a daily population of 490 DEP� Supp. Tech. Spec. 1001 - Permit Exhibits Fotfn nveAugW .soaa Pag fi of 31 � * Except as noted in paragraphs ana toy, P -AA-., prujmu J.,,.„ rw uw,s.— _ - -- or more professional engineers licensed in Florida. t Attach a detailed construction cost estimate showing that the cost to construct this project u $10,000 or less. ^ Attach documentation showing that this project will be installed by the plumbing contractor(s) designing this project, documentation showing that this project involves a public water system serving a single property and fewer than 250 furture units, and a detailed construction cost estimate showing that the cost to construct this project is $50,000 or less. 1 vice Area, Water Use, and Service Pressure informanon Desim Tvpe and Number of Service Connections, and Average Daily Water Demands and Maximum -Day Water Demands, in Average Daily Wager Demand for These Facilities: Avg daily demand based on cooler t;ounry levee of service suauua,u =Ua ..r;.,at,• -tar cvcternc as described in the Collier County Growth Mara ement Plan - Public Facilities Element - Potable b. Explanation of Pealing Factor(s) or Method(s) Used to Estimate Maximurr> -Day Water Demand: Peaking factor = 4.0 based on the same peak factor used in the original design for Phase 1 This is greater than factor of 1.54 derived f -om the on a daily population of 490 DEP� Supp. Tech. Spec. 1001 - Permit Exhibits Fotfn nveAugW .soaa Pag fi of 31 � 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Project Name: Eaele Lakes Phase 2 1 Permittee: Collier County Board of County Commissioners 2. Explanation of Peaking Factor(s) or Method(s) Used to Estimate Design Peak -Hour Water Demand and, for Small Water Systems that Use Hydropneumatic Tanks or that Are Not Designed to Provide Fire Protection, Peak Instantaneous Water Demand: Peaking factor = 4.0 based on the same peak factor used in the original design for Phase 1 This is greater than factor of 1.54 derived from the "Ten State Standards" formula based on a daily population of 490 persons 3. Design Fire -Flow Rate and Duration: 1 124 gpm for Phase 1 + 867 gpm for Phase 2 fire main extension 4. Design Service Pressure Range: 20-50 PSI B. Project Site Information 1. ATTACH A SITE PLAN OR SKETCH SHOWING THE SIZE AND APPROXIMATE LOCATION OF NEW OR ALTERED WATER MAINS, SHOWING THE APPROXIMATE LOCATION OF HYDRAN'T'S, VALVES, METERS, AND BLOW - OFFS IN SAID MAINS, AND SHOWING HOW SAID MAINS CONNECT TO THE PUBLIC WATER SYSTEM SUPPLYING WATER FOR THE PROJECT. 2. Description of Any Areas Where New or Altered Water Mains Will Cross Above or Under Surface Water or Be Located in Soil that Is Known to Be Aggressive: None C. Information About Compliance with Design and Construction Requirements 1. If this project is being designed to comply with the following requirements, initial before the requirements. If any of the following requirements do not apply to this project or if this project includes exceptions to any of the following requirements as allowed by rule, mark "NA" before the requirements and complete Part H.C.2 below. RSWW = Recommended Standards for W ter W . ks as incorporated into Rule 62- 555.330, F.A.C. a. This project is being designed to keep existing water mains and service lines in operation during construction or to minimize interruption of water service during construction. [RSWW 1-3.a; exceptions allowed under FAC 62- 555.330] b. All pipe, pipe fittings, pipe joint packing and jointing materials, valves, fire hydrants, and meters installed under this project will conform to applicable American Water Works Association (AWWA) standards. [FAC 62- 555.320(21)(b), RSWW 8.0, and AWWA standards as incorporated into FAC 62- 555.330; exceptions allowed under FAC 62- All 555.320(21 public water c. All pater system components, excluding fire hydrants, that will be installed under this project and that will come into contact with drinking water will conform to NSF International Standard 61 as adopted in Rule 62- 555335, F.A.C., or other applicable standards, regulations, or requirements referenced in paragraph 62- r 555.320(3)(b), FAC. [FAC 62- 555.320(3)ft- exceptions allowed under FAC 62- 555.320(3xd)] d. All pipe and pipe fittings installed under this project will contain no more than 8.0% lead, and any solder or flux used in this project will contain no more than 0.2% lead. [FAC 62- 555.322] e. All pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62- 555.320(21)(b)3, F.A.C., using blue as a predominant color. (Underground plastic pipe will be solid -wall blue pipe, will have a co- extruded blue external skin, or will be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall; and underground metal or concrete pipe will have blue stripes applied to the pipe walL Pipe striped during manufacturing of the pipe will have continuous stripes that run parallel to the axis of the pipe, that are located at no greater than 90- degree intervals around the pipe, and DE PP F-Mm e2-SW 90om W Au" 26. 2 M that will remain intact during and after installation of the pipe. If tape or paint is used to stripe pipe during installation of the pipe, the tape or paint will be applied in a continuous line that rums parallel to the axis of the pipe and that is located along the top of the pipe; for pipe with an internal diameter of 24 inches or greater, tape or paint will be applied in continuous lines along each side of the pipe as well as along the top of the pipe. Aboveground pipe will be painted blue or will be color coded or marked like underground pipe.) [FAC 62- 555320(2l Xb)3] All new or altered water mains included in this project are sized after a hydraulic analysis based on flow demands and pressure requirements. ATTACH A HYDRAULIC ANALYSIS JUSTIFYING THE SIZE OF !?.NY :,MVJ OR ALTERED, WATEF 'NLAMS Wr IT AN INSIDE DIA AFTER O)F EES THAN TIiREE RgCIIES. (FAC 62- 555.320121 )(b) znd RSWW S.11 Supp. Tech. Spec. 01001 - Permit Exhibits PagcfafV of 31 M, NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs g. The inside diameter of new or altered water mains that are included in this project and that are being designed to provide fire protection and serve fire hydrants will be at least six inches. [FAC 62- 555.320(21x6) and RSWW 8. s h. New or altered water mains that are included in this project and that are not being designed to carry fire flows do not have fire hydrants connected to them. [FAC 62- 555.320(21xb) and RSWW 9.1.51 i. This project is being designed to minimize dead -end water mains by making appropriate tie -ins where practical. [FAC 62- 555.320(21)(b) and RSWW 8.1.6.aJ j. New or altered dead -end water mains included in this project will be provided with a fire or flushing hydrant or blow -Off for flushing purposes. [FAC 62- 555.320(21 xb) and RSWW 8.1.6.b] k- Sufficient valves will be provided on new or altered water mains included in this project so that inconvenience and sanitary hazards 'Ube minimized during repairs. [FAC 62-555.320(21)(b) and RsWWS.21 1. New or altered fire hydrant leads included in this project will have an inside diameter of at least six inches and will include an auxiliary valve. [FAC 62- 555.320(21)(b) and RSWW 83.3] m. All fire hydrants that will be installed under this project and that will have unplugged, underground drains will be located at least three feet from any existing or proposed storm sewer, storrnwater force main, pipeline conveying reclaimed water regulated under Part III of Chapter 62 -610, FA.C., or vacuum -type sanitary sewer, at least six feet from any existing or proposed gravity- or pressure -type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Part III of Chapter 62 -10, FA.C.; and at least ten feet from any existing or proposed "on -site sewage treatment and disposal system-" [FAC 62- 555314(4)] n. At high points where air can accumulate in new or altered water mains included in this project, provisions will be made to remove the air by means of air relief valves, and automatic air relief valves will not be used in situations where flooding of the valve manhole or chamber may ocCtlr. [FAC 62- 555.320(21)(b) and RSWW 8.4.11 o. The open end of the air relief pipe from all automatic air relief valves installed under this project will be - extended to at least one foot above grade and will be provided with a screened, downward- facing elbow. [FAC 62-555.320(21xd and mbar , pits p. New or altered chambers, pits, or manholes that contain valves, blow -offs, meters, or other such water distribution system appurtenances and that are included in this project will not be connected directly to any sanitary or storm sewer, and blow -offs or air relief valves installed under this project will not be connected directly to any sanitary or storm sewer. [FAC 62-555.320(21)(b) and RSWW 8.4.3] q. New or altered water mains included in this project will be installed in accordance with applicable AW WA standards or in accordance with manufacturers' recommended procedures. [FAC 62- 555.320(21)(b). RSWW 8.5.1. and AW WA standards as incorporated into FAC 62- 5553301 r A continuous and uniform bedding will be provided in trenches for underground pipe installed under this project; backfill material will be tamped in layers around underground pipe installed under this project and to a sufficient height above the pipe to adequately support and protect the pipe; and unsuitably sized stones (as described in applicable AW WA standards or manufacturers' recommended installation procedures) found in trenches will be removed for a depth of at least six inches below the bottom of underground pipe installed under this project. [FAC 62- 555.320(21x6), RSWW 8.5.21 S. All water main tees, bends, plugs, and hydrants installed under this project will be provided with thrust blocks or restrained joints to prevent movement. [FAC 62- 555.320(21xb) and RSWW 8.5.41 714 t New or altered water mains that are included in this project and that will be constructed of asbestos- ctarent or polyvinyl chloride pipe will be pressure and leakage tested in accordance with AWWA Standard C603 or C605, respectively, as incorporated into Rule 62- 555.330, FA.C., and all other new or altered water mains included in this project will be pressure and leakage tested in accordance with AW WA Standard C600 as incorporated into Rule 62- 555.330. [FAC 62- 555320(21 )(b)l and AW WA standards as incorporated into FAC 62- 555.3301 u. New or altered water mains, including fire hydrant leads and including service lines that will be under the control of a public water system and that have an inside diameter of three inches or greater, will be disinfected and bacteriologically evaluated in accordance with Rule 62- 555.340, F.A.C. [FAC 62- 555.320(21)(b)2 and FAC 62- 555.3401 NA v. New or altered water mains that are included in thus project and that will be installed in areas where there are known aggressive soil conditions will be protected through use of corrosion - resistant water main materials, through encasement of the water trains in polyethylene, or through provision of cathodic protection. [FAC 62- 555320(2ixb) and RSWW 8.5.7.d1 Supp. Tech. Spec.91001 - Permit Exhibits o= °Fa„62�.s°x', PageJof 31 kpst —­, 2 %3 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs NA NA NA z I"° Fo7n62 -555 —9DO7) eyeCVIV 0a.V.-_0 26, 2W3 w. New or relocated, underground water mains included in this project will be laid to provide a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed vacuum - type sanitary sewer, storm sewer, stormwater force main, or pipeline conveying reclaimed water regulated under Part Ill of Chapter 62 -610, F.A.C.; a horizontal distance of at least six feet between the outside of the water main and the outside of any existing or proposed gravity-type sanitary sewer (or a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed gravity- type sanitary sewer if the bottom of the water main will be laid at least six inches above the top of the sewer); a horizontal distance of at least six feet between the outside of the water main and the outside of any existing or proposed pressure -type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Part III of Chapter 62 -610, F.A.C.; and a horizontal distance of at least ten feet between the outside of the water main and all parts of any existing or proposed "on -site sewage treatment and disposal SyStem." [FAC 62- 555314(1); exceptions allowed under FAC 62- 555.314(5)] x. New or relocated, underground water mains that are included in this project and that will cross any existing or proposed gravity- or vacuum -type sanitary sewer or storm sewer will be laid so the outside of the water main is at least six inches above the other pipeline or at least 12 inches below the other pipeline; and new or relocated, underground water mains that are included in this project and that will cross any existing or proposed pressure- type sanitary sewer, wastewater or stormwater force main, or pipeline conveying reclaimed water will be laid so the outside of the water main is at least 12 inches above or below the other pipeline. [FAC 62- 555.314(2); exceptions allowed under FAC 62- 555.314(5)1 y. At the utility crossings described in Part H.C.l.w above, one full length of water main pipe will be centered above or below the other pipeline so the water main joints will be as far as possible from the other pipeline or the pipes will be arranged so that all water main joints are at least three feet from all joints in vacuum -type _ sanitary sewers, storm sewers, stormwater force mains, or pipelines conveying reclaimed water regulated under Part 111 of Chapter 62 -610, F.A.C., and at least six feet from all joints in gravity- or pressure -type sanitary sewers, wastewater force mains, or pipelines conveying reclaimed water not regulated under Part Ill of Chapter 62 -610, F.A.C. [FAC 62- 555.314(2); exceptions allowed under PAC 62- 555.314(5)1 z. New or altered water mains that are included in this project and that will cross above surface water will be adequately supported and anchored, protected from damage and freezing, and accessible for repair or replacement. [FAC 62- 555.320(21xb) and RSWW 8.7.1] aa. New or altered water mains that are included in this project and that will cross under surface water will have a minimum cover of two feet. [FAC 62- 555.320(21 xb) and RSWW 8.7.2] bb. New or altered water mains that are included in this project and that will cross under surface water courses greater than 15 feet in width will have flexible or restrained, watertight pipe joints and will include valves at both ends of the water crossing so the underwater main can be isolated for testing and repair, the aforementioned isolation valves will be easily accessible and will not be subject to flooding; the isolation valve closest to the water supply source will be in a manhole; and permanent taps will be provided on each side of the isolation valve within the manhole to allow for insertion of a small meter to determine leakage from the underwater main and to allow for sampling of water from the underwater main. [FAC 62- 555.320(21 xb) and Rsmw 8.7.2] cc. This project is being designed to include proper backflow protection at those new or altered service connections where backflow protection is required or recommended under Rule 62- 555.360, FAC., or in Recommended Practice for Badylow Prevention and Cross - Connection Control, AW WA Manual M 14, as incorporated into Rule 62- 555.330, FA.C.; or the public water system that will own this project after it is placed into operation has a cross - connection control program requiring water customers to install proper backflow protection at those service connections where backflow protection is required or recommended under Rule 62- 555.360, FA.C., or in AWWA Manual M14. [FAC 62- 555.360 and AwwA Manual M14 as incorporated into FAC 62- 555330] dd. Neither steam condensate, cooling water from engine jackets, nor water used in conjunction with heat exchangers will be returned to the new or altered water mains included in this project. fFAC 62- 555.320(21xb) and RSWW 8.8.21 Supp. Tech. Spec. 0100f 01 Pagt Permit Exhibits 31 16D2 . NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs ect Name: Eagle Lakes P 2 Permittee: Collier County Hoard of County Commissioners 2. Explanation for Requirements Marked "NA" in Part B.C.I Above, Including justification, Documentation, Assurances, and/or Alternatives as Required by Rule for Exceptions to Requirements in Part II.C.1: Item v: No aggressive soils known to exist on site Item z, as and bb: No surface water crossings above or below ground proposed for this project. I completed Part II of this notice, and the information provided in Part II and on the attacbment(s) to Part R is true and accurate to the best of ray knowledge and belief. Signature, Seal, and Date of Professional Engineer (PE) or Signature, Seal, and Date of Professional Engineer (PE) or Signature and Date of Other Person in Responsible Charge of Signature and Date of Other Person in Responsible Charge of Designing Project* A I Designing Project:* Ai FGA. GON,XKFZ, P.E. FL: License No,` 42577 Date _ __ WILSON MILLER, INC. Certificate of Authorization No. 43. 3200 Bailey Laaa,,Suite 200 Nvoles, FL 34105 -6507 Printe d Name: Adolfo A. Gonzalez, P.E. Printe(VI Yped Name: License Number of PE or License Number or Title of Other License Number of PE or License Number or Title of Other Person in Responsible G7iarge of Designing Project* 42577 Person in Responsible Charge of Designing Project:* Portion of Preliminary Design Report for Which Responsible: Portion of Preliminary Design Report for Which Responsible: I phase 2 fire main and site utilities design " Except as noted in paragraphs 62- 555.520(3)(a) and (b), F.A.C., projects shall be designed under dw responsible charge of one or more P,Es licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in F t i II afdl� s qpt �sha!l be conwle-wed signed -e led: an dated by the PE {sj;st cespo,rssbie cl� c e. if th- . projer_t is ,ca' being designed Tinder the responsible charge of one or more PEs licensed it Florida, Part II shall be completed, signed, and dated by the persons) in responsible charge of designing this project Stapp. Tech. Spec. 1461 - Permit Exhibits Page of 31 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Project Name: Ea le Lakes Phase 2 1 Permittee: Collier County Board of County Commissioners I am duly authorized to sign this notice on behalf of the permittee identified in Part I.F of this notice. I certify that, to the best of my knowledge and belief, this project complies with Chapter 62 -555, F.A.C. I also certify that construction of this project has not begun yet and that; to the best of my knowledge and belief, this project does not include any of the following construction work: • `construction of water mains conveying raw or partially treated drinking water, • construction of drinking water treatment, pumping, or storage facilities or conflict manholes; • construction of water mains in areas contaminated by low - molecular- weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a "new system" as described under subsection 62- 555.525(1), F.A.C.; or • construction of water mains that will remain dry following completion of construction. (A specific construction permit is required for each project involving any of the above listed construction work.) I understand that, if'this project is designed under the responsible charge of one or more professional engineers (PEs) licensed in Florida, the permittee must retain a Florida- licensed PE to take responsible charge of inspecting construction of this project for the purpose of determining in general if the construction proceeds in compliance with the Departnient of Environmental Protection construction permit, including the approved preliminary design report, for this project. I understand that the permittee exist have complete record drawings prepared for this project. I also understand that the permittee must submit a certification of construction completion to the Department and obtain written approval, or clearance, from the Department before the permittee places this project into oqMt1on f45 any purpose other than disinfection or testing for leaks. Murdo Smith Interim Director, Parks & Rw Signature and Date Printed or Typed Name Dept- B. Certification by PWS Supplying Water to Project I am duly authorized to sign this notice on behalf of the PWS identified in Part I.G of this notice. I certify that said PWS will supply the water necessary to meet the design water demands for this project. As indicated below, the water treatment plant(s) to which this project will be connected has(have) the capacity necessary to meet the design water demands for this project, and I certify that all other PWS components affected by this project also have the capacity necessary to meet the design water demands for this project. I certify that said PWS is in compliance with applicable planning requirements in Rule 62- 555.348, F.A.C.; applicable cross - connection control requirements in Rule 62- 555.360, F.A.C.; and to the best of my knowledge and belief, all other applicable rules in Chapters 62 -550, 62 -555, and 62 -699, F.A.C.; furthermore, I certify that, to the best of my knowledge and belief, said PWS's connection to this project will not cause said PWS to be in noncompliance with Chapter 62 -550 or 62 -555, F.A.C. I also certify that said PWS has reviewed the preliminary design report for this project and that said PWS considers the connection(s) between this project and said PWS acceptable as designed. • Name(s) of Water Treatment Plants) to Which this Project Will Be Connected: North County Regional WTP AND South County Regional WTP • Total Permitted Maxim= Day Operating Capacity of Plant(s), gpd: Combined - 32.0 MGD • Total Maximum Day Flow at Plant(s) as Recorded on Monthly Operating Reports During Past 12 Months, gpd: Combined - Roy B. Anderson, P.E. Utilities Engineering Director Date �" Printed or Typed Name Title C. Certification by PWS that Will Own Project After It Is Placed into Permanent Operation I am duly authorized to sign this notice on behalf of the PWS identified in Part I.H of this notice. I certify that said PWS will own this project after it is placed into permanent operation. I also certify that said PWS has reviewed the preliminary design report for this project an that aid PWS considers this project acceptable as designed- -0 Murdo Smith interim Director, Parks & Rec. Signature `Z Date Printed or Typed Name Dept. L� Form 82 -555 WWI Supp. Tech. Spec. 10,01 - Permit Exhibits AWn«. 200S Pagd22 of 31 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Project Name; Eagle Lakes Phase 2 1 Permittee: Collier County Board of County Commissioners D. Certification by Professional Engineer(s) in Responsible Charge of Designing Project* I, the undersigned professional engineer licensed in Florida, am in responsible charge of designing this project. I certify that, to the best of my knowledge and belief, the design of this project complies with Chapter 62 -555, F.A.C. I also certify that, to the best of my knowledge and belief, this project is not being designed to include any of the following construction work: • construction of water mains conveying raw or partially treated drinking water; • construction of drinking water treatment, pumping, or storage facilities or conflict manholes; • construction of water mains in areas contaminated by low - molecular- weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a "new system" as described under subsection 62- 555.525(1), FA.C.; or • construction of water mains that will remain dry following completion of construction. (A snecific construction nerrnit is reouired for each nroiect invol ' any of the above listed construction work Signature, Seal, and Dater , 5 5 i ADOLF ` A. Z, P.E. FL. f-IcensdIIVc3. 42577 Date WILSON MILLER, INC. Certificate of Authorization No. 43. 3200 Balley Lane, Suite 200 1Qsr4ies,'Z ~L :34906 -8507 Printed/Typed Name: Adolfo A. Gonzalez P.E. License Number: 42577 Portion of Preliminary Design Report for Which Responsible: Phase 2 fire main and site utilities design Signature, Seal, and Date: Printed/Typed Name: License Number. Portion of Preliminary Design Report for Which Responsible: Except as noted in paragraphs 62- 555.520(3)(a) and (b), F.A. C, projects shall be designed under the responsible charge of one or more professional engineers (PEs) licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida, Part IILD of this notice shall be completed by the PE(s) in responsible charge. If this project is not being designed under the responsible charge of one or more PEs licensed in Florida, Part I1LD does not have to be completed. Supp. Tech. Spec. 1001 - Permit Exhibits B-mem s ue 2.6.00cri pag of 31 J& Bush Governor Environmental Health & &gineering December 28, 2004 William T. Lindemann, P.E. Aquatic Design & Engineering, Inc. P. O. Box 1208 Oakland, FL 32760 RE: Eagle Aces Park, Phase R IWF Canstracdon Plan Review Centrax Number 11 -60- 03167 Permit M piration December 28, 2005 Defir Mr. Lindemann: 16D2 . Jobn 4. Agwunobt M.D., M.B.A. Secretary 111c above referenced project is approved under Centrax number 11- 60^03167, subject to the following provisions_ L Upon completion of the plumbing installation, the pool contractor must contact this office to arrange for an inspection before hydraulically compaoting the backfill around the pool. The fee of $50.00 is payable to the Collier County Health DeparbrAnt at tine of inspection request. Also, please note the following procedures: • Any revisions to the approved plans must be submitted to this office for approval. • Prior to opening the pool for use an operating permit must be obtained. Four (4) copies of the application form DH 916 must be completed and submitted along-.with the appropriate fee of $430.00 made payable to the Collier County Health Deptutrocat, ,4 final inspection must ff m be scheduled with this office. Your attention is specifically directed to the necessity of your maintaining supervision, of motion, of the Pool to insure compliance with the approved plans. Sincerely, Kenneth R Rech, P.E. Environmental Health and Engineering Director Collier County Health Department 2800 K Horseshoe Drive Joan Coffer, M.D., MWk g Address: l'o�nty Maples, Florida • 34104 Hdth M.P.S. Director Post Office Box 429 Telephone (239) 403 -2499 ' ` tr'aptes,•i=brida • 34106 -0429 ra. irsi.w Nax c:�...ry Supp: Tech. Spec. 01001 - Permit Exhibits Page 24 of 31 16D2 . For Department Use Only: /� j Amount Fee Received $ to 11L � No: Fr x 1 Q„ 0318 7 MF# , STATE OF FLORIDA DEPARTMENT OF-HE,Ak.TH APPLICATION FOR APPROVAL OF 8WIMMIN,G °-POOL PLANS This form Is to be wmplated and submitted wKh plane and specifications in six copies along with the appropriate fee. New Constriction �_ Revision O _ Modittc;ation 0_..._.. AIDE PM" #. RM 9. Name of Agent orAppikcant Barrie Lakes Park. Phase li IWF A,ddressofP061 ii arVfthVTM1 East City Names CourdyCollier 2. Name of owner canter Qonntagard commiaglo Phan Number (23s1358•M55 Malting Address 3300 Santa Barbara Bind. City Navies Saata E Zip 34116 3. Pool Type: Conventional []_Spa 0_Wadg E..,__SpecW Purpose Q,Watsr Recreation A*actionO-_ Indoor ❑ Outdoor ® Transient 0 No 4. No. of Untib Served: mite No. of stories I distance of Fa.*Ihest Ll *from Poole >� Elevator. Yesp_1400— b. Numbeer of Sanitary Facilities: From 8. Method of Waste Water Disposal: To Authorized Outfall via ¢," Air Gam 7. Pool Volume in Gallons: 1.902 Bat ft Load: 33 Water Source: CRY/ Municipal 8. Dimensions: Widih.L0_' Length:42`J m :j840Pedmeter:JMDepth: Max. V Mtn. 9• Shape Irregular 9. Type Construction Material: She[ Concrete Finish 80a4balstant Odor --emy 10. Equipment Make and Model: (A) Recirculation Pump: Pentair - 34-SM Flow 123 GPM At 5e.8 TDH 3 HP (B) FIRW.. S 88M150 Area —Sq. FL flow CapaciKy QM,_ (C) Disinfection Equipment R sa Model 1 OWadiy 37.0 ❑ GPD or ® PPD (D) pH Ad�usimwd Feeder. Stenner 4514112 Capacity 10 (GPD) (E) Test Kit: TwMor 2005 tnH TAC FAQ CYA CAH TAtn ffN A� RECEtVFO ocr 21 2W4 1WkDftftWtWjg, /t- DH 9%, 319(3 (Obao%ies Sep 90 edition) Supp. Tech. Spec. 01001 - Permit Exhibits Page 25 of 31 The design engineer certifies to the preparation of the engineering documents and agrees to furnish certified operating permit applications upon completion of the project and is authorized to represent the applicant In the engineering features kwkK&V monitoring-of cwnstruclion. � %AD • r G DBte �dl, Signature and seab Fnglpebr regis'tered under Florida Statutes Typed Name and Florida registration number Will iam T. Lindemann. P.E 9335'77'. Phone Number 14RIJON131 Address: P.O. Boor 560127 Street MAOb ends FL 34756.0127 City State Zip 16D2 These plans, specifications and related documents arc approved and accepted by the ownedowner's representative. �sGI�2 %�1� Date%'JZ�d� Signmure: Owner/Ownees Representative Typed Name and Tile of Above t> rdo Smith. Interim Dlraclor. Parks E. Recreation Dent Phom Number. 31 9 353 -b75S Address: 3300 Santa Barbara Blvd Street Naples F7 34116 CRY State zip These plans for the proposed construction cited In the foregoing application are hereby approved urWer authority of Chapters 361 and 514, Florida Statutes, wM the Iblawing proviso(s): Provision: Ups cOmPledw of the plumbing installation, the Pool contractor MW contra this office to arraago for an k upecaw before 4 caUy comPacting the bade H around Me pool. The fee of Of kV=t� �es the CoUicx Cowrty Healtir Ikp at time Construction on this project shah be commenced within one year from the date of approval of this application otherwise sbc (a) months approval GAOn5lon shalt be obtained from the Department prior to cornmenA ft melon. This approval Is for to functional aspects of this project and Is based on to irriarmation and data suppled by the applicant or his agent There may be other local permits. rMuirements or nWalk= that must be met priorb the construction of this facility, Only those applications, plans and s�tions that have been stamped with the Department's approval lumber are included In this approval. Any changes to these app nit, plans or specliflications may render this approval null and void. 160.03167 DEPARTMENT OF HEALTH F Approval St ri7P i'i3afe;, 4% D C 2 8 BY ';Cotner county lisaith Ospa l Engine .may mentalHealth and fn6l o '. Print Name l Supp. Tech. Spec. 01001 - Permit Exhibits Page 26 of 31 16D2 t40"S 8t 9 Y£l STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PERMIT DATE: 09/10/04 PERMIT NO. 0 14 -tai 1 - 00 t 0 ROAD SECTION # 03010. STATE RD. # 90 COUNTY Collier t PERNIITTEE: Collier County Board of County Commissioners c o Par Rs an ecr a i ADDRESS: 3300 Santa Barbara Blvd., Napes, FL 34116 PHONE: (239) 353 -0755 Fes: REQUESTING PERMISSION FROM THE STATE OF FLORIDADEPARTMENT OF TRANSPORTATION, HEREINAFTER CALLED THE DEPARTMENT, TO CONSTRUCT, OPERATE AND MAINTAIN: A sidewalk connection from Eagle Lakes Park to the existing sidewalk on the north side of U.S. 41. AT/FROM M. PJSTA. r q TO M.PJSTA. . 1. Proposed work is within the corporate limits of a municipality. YES ( ) NO (X ) Name of Municipality 2. Is interstate or toil road R/W involved? YES ( ) NO (x) 3 Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground and the accurate locations are shown on the plans. A letter of notification was mailed on - 12 / 18'/ 0 3 to the following utilities/municipalities: FPL, Comcast, -East Naples Fire Control and"Rescue District, Sprint, and Collier County u is i hies. 4. The office of the local maintenance or resident engineer shall be notified twenty -four (24) hours prior to starting work and again immediately upon completion of work. The engineer is N itch Riley, P. E. located at 27Q5 Horseshoe Drive South Naples, Florida. Telephone number is (239) 659 -5767. FAX # (239 ) 659 -5787. 5. All work, materials, and equipment shall be subj ect to inspection by the local maintenance or resident engineer and shall conform to all Department specifications and standards in effect as of the approval date of this permit. 6. All Department property shall be restored to its original condition in keeping with the Departments specifications and in a manner acceptable to the Department. 7. Plans of this installation shall conform to the Departments standard specification and roadway and traffic design standards and shall be made part of this permit by attachment. S r: 4' # yEF vi4..3�y )01 - Permit Exhibits r of 31 16D2 8. The Permittee shall commence actual construction in good faith with 18 0 days from the day of said permit approval and all work shall be completed with 3165 days. if the beginning work date is more than sixty (60) days from the date of permit approval, then the permittee must review the permit with the affected Department engineer to determine if any changes have occurred that would affect the proposed permit activity. 9. The construction and maintenance of said activity shall not interfere with the property and rights of a prior Perrnittee. It's expressly stipulated that this permit is a license for permissive use only and that the placing of facilities upon public propertypursuant to this permit shall not operate to create or vest any property right in said holder. 10. Whenever necessary for the construction, repair, improvement, maintenance, safe and efficient Operation, alteration or relocation of all, or any portion of said highway as determined by the District Director of Operations, any and all facilities and appurtenances aoihorized hereunder, shall be immediately removed from said highway or reset or relocated thereon as required by the Director of 11. Operations. This will be accomplished at the expense of the Permittee. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the States right, title and interest in the land to be entered upon and used by the Permittee. To the extent allowed by Section 768.28, Florida Statutes, the Permittee will, at all times, assume all risk, indemnify, defend and save harmless the State of Florida, the Departments officers, agents and employees from and against all claims, demands, action, liabilities and suits of any nature whatsoever arising out o& because of, or due to the Permittees use (or use by its agents or employees) of Department R/W. This will include any and all loss, damage, cost or expense arising in any manner on account of the exercise or the attempted exercise by the Permittee of the aforesaid rights and privileges. This will include any act or occurrence of omission or commission by the Permittee, its agents or employees. It is specifically understood and agreed that this indemnification clause does not 12. cover or indemnify the Depart for its negligence. 13. Daring construction, all safety regulations of the Department shalt be adhered to and the Permittm shall be responsible to provide measures, including placing and display of safety devices, that maybe necessary in order to safety conduct the public through the project area in accordance with the federal manual on uniform traffic control devices MTFM) as amended, and the Departments latest roadway and traffic design standards. Special Conditions: 14. This is to certify that the above information is correct with the understanding that any false statement will void the permit hereby requested. In case of noncompliance with the applicable statute, rule, regulation, standard or specification, this permit is void and the facility/ activity will have to be brought into compliance or removed from the Departments R/W at the Permittees expense immediately. Supp. Tech. Spec. 01001 - Permit Exhibits Page 28 of 31 SUBMMITID BY: Murdo Smith PERMITTEE All $IGNtjTURE AND TITLE Interim Director Collier County Parks & Recreation 16D2 PLACE CORPORATE SEAL N/A Is waiver of corporate seal on file with the State of Florida Department of Transportation, Tallahassee, Florida? YES ( ) NO ( ) N/A Is roadway construction proposed or underway? YES ( ) Recommended for approval NO 0) WPI# Title:. Date:_" A roved by: <� Date:, PP _ mSTRICT PERMIT IlVELF.R OR AUTHORIZED REPRE ENTATTVE Supp. Tech. Spec, 01001 - Permit Exhibits Page 29 of 31 I I ROSICIMUGN TRMOV im g fj S7 s t fro �lPpi�j IFS t;~'t Kga ..lc §i � z � �� s;> a ppr' - g dQ y" tea: &� R'-� �" �, � �� d wl '� k _ .�_ b� 'at Sin S �...,1.��. IV °S"''; ` »�'� ,. 0� d: ®G� z� ;r" ..t;; w P �. �,= 'Sa.. a, neY'1'. s a�; >• '' ���.. -s .rip z- `q� p p i; *"l" s r yd �" 1! f »._ � °`y-. � •- .i S:- z:�i a.,9 r i ,.s` 3° - +a4` LSe d -t A� � 5.:�. +x� � i_s ". d c�� 4 "� ��� �.v�1'4�,5 Pa 3 "i. �. �6`"S� � � G 5��»r•°re lrs 1 �.7� .. i r„C{ 4 ^d J-=t i�:' '�„ S a .'. pp" h la " ... R ��11� �i 4 �,�T \ � � 4 � •,a,' # Y � fit,,.: Q ,e°�, >�ca k ,and � t � { � Y � �°.e S ' ��' ��3��,�ie �,se�g�,?;ti�', it .ta �c ►�>� ��, #f� �S`�.r ��t���i ��lo' t������� � E���lafis�,�a�� -'� �`�c�'� `�t'�i` e.� �'a� �. L a � Y � �.� ie £ Y � z y. C. t y 'Sw wet �'fE�� apgie Inr.-?tt���a •�e�#�p�_,��sg°z s��� isars.�: �' °S �, ir�� iR D A $ bPb���a 5 x � x ` sr 4� y� pi, t xi r'�t�c�x. r�a'��`<it,'•FA�,7w aep;r 4, ur: a d� ppq �® ,.,�w��t�tl & t{ b �"D, d�+�.'393.�.�n4t�� .w •. Y� :$w t }Q��6 v ,p d 3 z � r. A 4 =a E t�i6 1 rA� > De �a)a rr m e���#is}� a, �.tF 7y �pT � ���i }3 �•= {,����E���,=d%f�i�A°4;��(yA ��' icy i�6 ..i t 4 �F �,A �42�Z �•'2A 3 #} d +T t.k �S B4 fig« � @ir'�,d� ^i l4 �..44 $�f�i��, ii�{ Yt"e d1Y -`a�" 9� Ci� i4 !ir# Y� :$w t }Q��6 d r. A 4 =a 4 •1 L i EU i <{fr �q'. £P �4 #) # '?a 3N iA 9 t�i6 1 rA� gg wn ,•,Ly� {'. ""t,.fi 'fe u. Y y,. P, t { ''tl d 0. +� k iI y [{4 � � �''S. �^,b �' {�i- °'� L Ml 4'y.' " k �y-[� ,a„S � t ✓r ,4 . -. �, � d 4 •. .. 4 ; � #r # y`^ "" e + p f :' #)R : % §�qi £d$£t £. Im # Q4 ,3 � ✓.,,, 3¢ ati D fix. i �"�5��..Z 3�{�9 5 �frf �\ S t -05 L £ � �, � ���"�� �i��i��"�, AG�>�66! p� `f ;A flBtP�Y pb ,�t�llj �ajV b� w)ifi5 Yp5 y�i°si9 � Rr �S t1 d � i §$. #t•�d< �k { 5 g�, * 44 ;%�:v# <'p � i i '{ e� .5 J §.M .ui .l { k k. � # � #f Ai A 46 .� i4• 3� ,! a . . . . . . . . . . . N! 16D2 . • /JJ I Irti..i�•�1 `' Staging & Stor .•- Area for • Courts & Tennis Contractor .._. — Len;,. f ■ The Contractor shall limit staging and storage areas within the Owner's Property to the grassed infield that is west of the main entrance (see above). The Contractor shall secure written permission from the Owner prior to utilizing any other area within the Owner's property for staging of equipment, materials storage yards, milling areas for laborers, etc. There may be other contractors working within the Park during the same time that this Project is under way. The Contractor shall take the necessary precautions to secure the staging, storage areas, and work zones to avoid conflicts with the construction work being done by others. Supplement to Specification 02705- 3.09.G Nt712005 149M V.: OZ. AGONZME N75n -M- Ot- EISOG 29776 EXHIBIT L STANDARD DETAILS GC- CA -L -1 16D2 . EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 .i - EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1 a O w d U) O O W R O m � = W W Q C 16D2 O Q U U ti' O w d C N R C R m 'p O d 'C 0 IL _t F- a U as C eo . > c a- m o > m m'ma w H a,.0 Q > m d I IL d d w � o E c Z d CL 3 0 w m 0 ca 0 O Q U U ti' 1602, MEMORANDUM Date: March 2, 2006 To: Brenda Brilhart Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract #05 -3893 "Eagle Lakes Phase I1 Improvements Part I — Pavilion and Tennis Courts" Contractor: Welch Tennis Courts, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16D2), approved by the Board of County Commissioners on Tuesday, November 29, 2005. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures (3) Hi 1UHNEY 2006 Fct, - ITEM NO.: DATE RECEIVED: 1602 FILE NO.: SRC- 00395' ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 31, 2006 To: Robert Zachary Assistant County Attorney From: Brenda Brilhart Purchasing Agent 239/774 -8446 Re: Contract #05 -3893 "Eagle Lakes Phase H Improvements — Part I— Pavilion and Tennis Courts" Contractor: Welch Tennis Courts, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 29, 2005 Agenda Item: 16.D.2 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. 16D2 Memorandum DATE: January 31, 2006 +' DATE RECEIVED TO: Sheree Mediavilla, Senior Analyst JAN 3 1 2006 Risk Management Department RISK MANAGEMEi'61 FROM: Brenda Brilhart Purchasing Agent RE: Review of Insurance for: 05 -3893 "Eagle Lakes Phase II Improvements — Part I Pavilion and Tennis Courts" Welch Tennis Courts, Inc. This Contract was approved by the BCC on November 29, 2005, Agenda # 16.D.2 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 774 -8446 cc: Clint Perryman, Parks & Recreation 03/08/2006 08:37 8136417795 Welch Tennis Courts, Ina P.O. Box 7770 Tampa, rl 33586 813-841 -7787 613-641 -7795 Cell Phone: 727 -243 -4975 ikettell@welchtennis.carn WELCH TENNIS COURTS PAGE 01/04 6D2 Fax Brenda Brilhart — Collier County To: Government Purchasing From: John Kettell Department Fa3c (239) 530 -6697 Pages: Four.(4) Phone: (239) 7746446 Uatee 2- 2746 Re: Eagle Lakes Park cc- M Urgent ❑ For Review 13 Please pomhllent E3 Please Reply ❑ Please Recycle Ms. Brilhart, Please find attached the letter of understanding for the substantial and final completion dates on the above referenced project Please remember that our notice to proceed date will change to the date that Welch Tennis Courts acquires the Collier County Building Permit for this project The original copy is being mailed to you today. Thank you for taking the time to review this Information.. John Kettell —Welch Tennis Courts, Inc. Direct Phone Line: 813658 -1042 Cell Phone: 727 - 24314975 Second Cell Phone: 727 -699 -2565 E -mail: iketteiI@welchtennis.com 03/08/2006 08:37 8136417795 WELCH TENNIS COURTS Welch Tennis Courts, Inc. Worlds Largest, Builder of Fast :Dry Courts March 8, 2006 Ms. Brenda Brilhart, Purchasing Agent Collier County Government Purchasing Department Administrative Services Division 3301 East Tamiami Trail Purchasing Services Building Maples, Florida 3411.2 Re: Eagle bakes Park 1692 nrr¢s USTA USPTA USTC & TBA ARDA Ms. Brilba t, pleas find attached the substantial and Final completion dates letter for the above referenced project. The original copies will be mailed to you to'd'ay. Thank you for your time and assistance on this matter. If you have any questions or require additional information, please do not hesitate to contact our office. Sincerely, John S. Kettell Welch Tennis Courts, Inc. Project Manager Cc: Mr. Clint Perryman 4501 Old U.S. Hwy. 41 - P.O. Box 7770 - Sun City, FL 33586 - Phone (813) 641 -7787 - Fax(813)641-7795 Toll Free 1 (800) 282 -4415 - Email: custsvo@welchtennis.com - www.welchtennis.com 03/08/2006 08:37 8136417795 WELCH TENNIS COURTS PAGE //03/04 R- 06 DALLIER CO P 0640 2 MR07 -20 16 PP �• 22 FAX COVER. LET'T°ER CKJLT ]BR CoxzT Y PARKS AND RECRBArnON 3300 Santa: Barbara Boulevard Naples, Florida 34116 Phone 941- 353 -0755 gp„X 941- 353 -1002 Date: C{�� o't , C>(--> To: `Jcta� � Z'r�� From: Clint Perryman, Project Manager. Parks & Recreation Department Email address: Clinty 1Q_emrman�coNieraov.net Number of pages including cover: Message: ,e-s JtY�f R'rrli� 5 C 9 A/ s /J-.4C/1EJ At�AAfuISJU�J ///� -% L� 03/08/2006 08:37 8136417795 WELCH TENNIS COURTS PAGE 04/04 hKiR -07 -2006 15 :22 COLLIER CO PRK P.02/02 1602 r+nT.7.rr1R f.nTTNW GOVERNMENT PURCK&MG SE MCE9 ]BUILDING N"LB% 8I:08IDA 94112 (2s9) 174.8446 PAX (889) 680$697 lco)1terpv not DATE: February 2. MM TO: John Kettell, Welch Cbnst LXW FROM: Brenda Brilhert, Purchasing Agent SUBJECT, Bid 05.3903 — "FMIS bakes Phase 11 Inrprovemenhr — Construction or Part 1. Pavlllon and Tennis Courts; Substantial and Final Completion D*68 As discussed this morning, the substantial and final completion dates conflict in the bid document. On Pape GC -PN -2 it states that "The Su000es(ul Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to proceed." Also, the Table on page GC-CA 3 is correct stating that substantial will be one hundred and fifty (150) days and final will be one hundred and eighty (180) days. But, on Pages GC -P -15 and GC-CA -2 state 'Contractor shall achieve Final Completion within one hundred and eighty (180) calendar love MMW tfta data of Autlstantial Cornoletton. This is a typographical error and the correct final completion dM is one hundred and eighty (180) days as raferenced above, Please sign and date below where indicated that you are agreeing to this clarification. Yj 2LoG We nstructlonI Date THANKS and sorry for any inconvenience this has caused. If you require additional information please call me at 23917744146 or by e-mail at BrendaBrilhart @coiliergov.net 0o Robert Xadcary, County Attorney Clint Perryman, Parks and Recreation TOTAL P.02 16D2 "Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; " COLLIER COUNTY BID NO. 05 -3893 COLLIER COUNTY, FLORIDA Design Professional: Wilson Miller, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 TPA #1953633.11 1602 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form 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 ION amI1:11aM1 <eZaTaF7rr�TarsK* 0=1 affire am EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by Wilson Miller, Inc. and identified as follows: "Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part 11 Storage Building" as shown on Plan Sheets 1 through 24. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT O: Stored Materials Records 16D2 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part 11 Storage Building COUNTY BID NO. 05 -3893 Separate sealed bids for the construction of Eagle Lakes Phase II Improvements —, Construction of Part I: Pavilion and Tennis Courts; and PaFt 11 Storage Building, 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 27th day of October 2005, at which time all bids 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. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 7th day of October 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part II Storage Building, Bid No. 05 -3893 and Bid Date of October 27, 2005. This is a two part bid, and may be aw No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC -P -1 through GC -P -12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at 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 $70.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 TPA #1953633.11 GC -PN -1 1602 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance 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 Payment and Performance 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 Owner 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 Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner 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 without the consent of the Successful Bidder. Dated this 23rd day of September 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TPA #1953633.11 GC -PN -2 1602 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, 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. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC -P -1 to GC -P -13 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the TPA #1953633.11 GC -P -1 1602 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of 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 Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately If a bid is submitted for just one of the projects and the base bid is less than or equal to $200,000.00, the bid, payment and performance bonds may be waived. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached 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. TPA #1953633.11 GC -P -2 16D2 Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids 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 or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids 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. TPA #1953633.11 GC -P -3 1602 All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect 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 its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. TPA #1953633.11 GC -P-4 1602 Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 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, because if 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 and the Successful Bidder 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 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. This bid contains two parts (1) the Pavilion and Tennis Courts and (2) a Storage Building. Bidders can submit bids on one or both parts, but contracts may be awarded separately. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. 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 TPA #1953633.11 GC -P -5 1602 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, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. 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 applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project 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 Agreement 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 Agreement 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 Agreement. TPA #1953633.11 GC -P -6 1602 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. 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. 2004 -05, 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. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." TPA #1953633.11 GC -P -7 16D2 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Eagle Lakes Phase II Improvements — Construction of Part 1: Pavilion and Tennis Courts; and Part 11 Sterage-BUJIlding BID NO. 05 -3893 Full Name of Bidder Main Business Place of Telephone No. State Contractor's License To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Date Issued Contractor's Number Initials Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. TPA #1953633.11 GC -P -8 COLLIER COUNTY GOVERNMENT 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774 -8446 FAX (239) 732 -0844 www.colIiergov.net ADDENDUM DATE: October 26, 2005 TO: Interested Bidders FROM: Brenda Brilhart Purchasing Agent 1602 SUBJECT: Addendum # 1 -Bid #05 -3893 -"Eagle Lakes Phase II Improvements --Construction of Part I: Pavilion and Tennis Courts, Part II: Storage Building" Addendum # 1 covers the following change for the above - referenced Bid: Change: Bid Due Date has been re- scheduled for Thursday, November 3 2005 at 2:30 p.m. If you require additional information please call Clint Perryman, Project Manager, Parks and Recreation Department at 239/353 -0404 or me at 239/774 -8446 or by e-mail at brendabrilhart@colliergov.net. cc: Clint Perryman, P& R Dept. 1602 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Eagle Lakes Phase II Improvements - Construction of Part I: Pavilion and Tennis Courts; and Part II Storage Building BID NO. 05 -3893 Full Name of Bidder &xeit i�c avn ii �iul;S /mot Main Business Address /'U. &G jC 77 76); `}�„,L'. ry / Place of Business Y,501- &,t /I L11S V Telephone No j & Vl- 7 )e 7 Fax State Contractor's License #_ C dC ILA /7 -775' -5 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued f0 1 ,-1- Contractor's Initials Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. TPA #1953633.11 GC -P -8 1602 BID SCHEDULE -- PART I Eagle Lakes Phase II Improvements — Construction of Pavilion and Tennis Courts Bid No. 05 -3893 TO: Collier County Board of County Commissioners, hereafter called "Owner" The undersigned, having carefully examined the proposed Contract Documents for the Eagle Lakes Phase II improvements issued by Wilson Miller, Gora McGahey Associates in Architecture and TLC, and having visited the site and examined the conditions affecting the Work hereby proposes and agrees to furnish all labor, materials, equipment, and accessories, and to perform operations necessary to complete the Work as required by the Contract Documents, for the stipulated sums of: BASE BID: The total cost for the following bid items. 1. Two (2) Shelters depicted in Site Civil Construction Drawing C -4, and corresponding Site Civil, Architectural, Structural, and Mechanical /Electrical /Plumbing drawings and specifications. 2. Two (2) tennis courts and pavement for pathways depicted in Site Civil Construction Drawing C -6, and corresponding Site Civil, and Electrical drawings and specifications. The required scope of work associate with this line item cannot commence until no earlier than March 31 2006 unless instructed otherwise to avoid potential conflicts with existing site work icuc /utiA�'c� i�ucti y i/ oU3�wd �CcIC:k-, 6„ ,l ?F� kiy o?ay 1 7 V� �° ) ADDENDA: �a The undersigned acknowledges receipt of Addenda numbered BIDDER: The undersigned bidder understands and agrees to comply with and be bound by the Contract Documents issued for the Work. Firm E Address � ` o, Date /U /25 /i, I' TPA #1953633.11 GC -P -9 16D2 BID SCHEDULE -- PART II Eagle Lakes Phase II Improvements — Construction of Storage Building Bid No. 05 -3893 TO: Collier County Board of County Commissioners, hereafter called "Owner' The undersigned, having carefully examined the proposed Contract Documents for the Eagle Lakes Phase II improvements issued by Victor Latavish, AIA Architect, and having visited the site and examined the conditions affecting the Work hereby proposes and agrees to furnish all labor, materials, equipment, and accessories, and to perform operations necessary to complete the Work as required by the Contract Documents, for the stipulated sums of: BASE BID FOR THE FOLLOWING ITEMS: 1. Installation and construction of 1 (one) Metal Storage Building complete with all required Civil site work, electrical, plumbing, and mechanical according to the architectural plans and specifications associated with the required scope of work. BASE BID: Dollars) $ ADDENDUM: The undersigned acknowledge receipt of Addendum number(s) .1191 The undersigned bidder understands and agrees to comply with and be bound by the Contract Documents issued for the Work. Firm By Address Date -V TPA #1953633.11 GC -P -10 1602 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL MANUFACTURER 1. % 3. �J k 4. 5. Dated lo 2l: Bidder BY:� 3 ,f TPA #1953633.11 GC -P -11 16D2 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Category of Work Subcontractor and Address 1 �h4t� S A � A,ucs /� ✓:.�5� //" � l� a L C�a'c s i c�.7 6 LL 42 ( iGWnJ %J 3. 4. 5. Dated �i�-A('Iftl �T /Bidder BY: TPA #1953633.11 GC -P -12 16D2 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. 2. 3. 4. 5. 6. Dated Bidder BY: r f TPA #1953633 "11 GC -P -13 Welch Tennis Courts, Inc. Ii orld'.s Largest Ruilder of Fast Drh Courts Construction — Resurfacing — Lighting — Accessories Work Preformed For USIA • USPTA USTC & TBA ARDA 1. Shane Dathe — GL Homes — 1401 University Drive, Coral Springs, Fl 33075 Phone: (954) 753 -1730 — Fax: (561) 966 -5660 2. Erick Silver, Boca Resort — 501 El Camino Real, Boca Ration FI Phone: (561) 447 -3772 — Fax: (561) 447 -5296 3. Steve Vandermullen — 2772 Player Drive, Wellington, Fl 33414 Phone: (863) 634-7912 — Fax: (561) 964-4090 4501 Old U.S. Hwy. 41 • P.O. Box 7770 • Sun City, FL 33586 • Phone (813) 641 -7787 • Fax (813) 641 -7795 Toll Free 1 (800) 282 -4415 • Email: custsvc@welchtennis.com • www.welchtennis.com a 1602 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY 2. 3. 4. 5. TOTAL JrO�i a_c Failure to complete the above may result in the Bid being declared non - responsive. Dated cce�eFJ /, c Bidder BY: TPA #1953633.11 GC -P -14 16D2 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written -• Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred and fifty (150) 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 and eighty (180) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of FLORIDA County Of HILLSBOROUGH George Todd Jr. being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. George Todd Jr. , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including 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. TPA #1953633.11 GC -P -15 1602 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of FLORIDA which operates under the legal name of WELCH TENNIS COURTS, INC. and the full names of its officers are as follows: President GEORGE TODD JR. Secretary . KAREN TODD Treasurer KAREN TODD Manager JOHN KETTELL The ___. _ sign- eonstfuetiora -bids ar�d �or�tracts -._for - the -_company by- _. action ._of- its_ Board _ --a -- Directsrs- _taken out this last sentence if not applicable). x (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 and if operating under a trade name, said trade name is DATED legal entity TPA #1953633.11 GC -P -16 Witness Witness STATE OF FLORIDA COUNTY OF HILLSBOROUGH 1602 WELCH TENNIS COURTS, INC. BY: GEORGE TODD JR. Name f Bidder (Typed) re PRESIDENT Title The foregoing instrument was acknowledged before me this 26thday of October 2005, by George Todd Jr. as President Of Welch Tennis Courts, Inc a _Florida corporation, on behalf of the corporation. He /she is personally known to me or and 010 (did not) take an oath. My Commission Expires: March 26, 2009 NAME (AFFIX OFFICIAL SEAL) n TPA #1953633.11 GC -P -17 has produced as identification Dorothy A Van Horn (Legibly Printed) Notary Public, State of Florida Commission No.: DD383081 THE AMERICAN INSTITUTE OF ARCHITECTS 1602 AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Welch Tennis Courts, Inc. as Principal, hereinafter called the Principal, and The Guarantee Company of North America USA a corporation duly organized under the laws of the State of Michigan as Surety, hereinafter called the Surety, are held and firmly bound unto Collier County Government as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5 %) OF THE AMOUNT BID - Dollars ($ -- 5 % -of Amt Bid--), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Eagle Lakes Phase H Improvements- Construction of Part 1 Pavilion and Tennis Courts, 05 -3893 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of October, 2005. / elch Tennis Courts, Inc. (Seal) ti (Witness) (Title) ness) K vir owicz, Attorney -in -Fact (Seal) -- And Florida Licensed Resident Agent Printed in cooperation with the American Institute of Architects (AIA) by CAN FBD CAN FBD vouches that the language In this document conforms exactly to the language used in AIA Document A310 Bib Bond - AIA, February 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W., WASHINGTON, D. C. 20006. CADocuments and Settings \amy \Desktop\HpDied DocsWlA 310 Bid Bond.doc 1602 THE GUARANTEE COMPANY OF NORTH AMERICA USA TERRORISM RIDER NOTICE OF TERRORISM COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act ") will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $1.00. The cost of terrorism coverage is subject to change on any bond for which an annual premium is charged. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. 16D2 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan 191 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Kevin R. Wojtowicz, Glenn Arvanitis Nielson and Company, Inc. - Clearwater its me and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTIi AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such Attomey -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3l' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has xrrF caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this °P� eeQ 20' day of January, 2005. o y< THE GUARANTEE COMPANY OF NORTH AMERICA USA a �CRMAMEMr'P i � STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President On this 20' day of January, 2005 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. Gail Trevor Notary Public, State of Michigan County of Macomb My Commission Expires August 2, 2005 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this�da�y of�i 20 UJPPpNTEF Ceq o < yCRrMAMER�P Randall Musselman, Secretary 1602 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. 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 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <*Bid (dumber; <*Project Name; pOpening 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 ND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Iy Mr Name 6"<oe c l &e&cN ae �,- Signature Title DATE: 16'2'516 j TPA #1953633.11 GC -P -20 16D2 - Appendix B Contractor Questionnaire This Questionnaire must be completely filled out and returned as part of your proposal. Failure to do so may result in disqualification of your proposal. Evaluation of this Questionnaire may be a prime factor in the award of this contract. l . How long has your firm been in business ? / 2. Have you designed and built or had primary responsibility for the construction of a minimum of three successful outdoor boundless playground parks, in the past five years in a humid climate similar to the conditions of the State of Florida? If so, where? S- e-/E- 41.6C., f- IV,- /J X,Icea1) 4L((-Si-1e ✓o,t' /�' qt Net worth of your firm? 4- 4. How many employees do you have on your present payroll? Fr�y� 5. How many employees will be assigned to this project? J�, X C(, ) 6. What are their qualifications, experience, and certification for these services? UJt•& c M - 2i aJ / /i6¢-I /f , 4 -//1— _i,�/•,J .> c >';af � „•,. ,�' ✓sfr.i- 7. Who will be supervising the work to be performed under this contract and what is the person's experience (years of experience, certification, qualifications, etc.): JL_ ft ,I -/wk fer A-a n�EC� )tE /i 7o�� /Ef l�i iunrC d C 8. How many and what types of equipment, tools and vehicles will be assigned to this project? 9. If you do not own this equipment, how do you propose to acquire it? L /�i,�it,G(E " %�.- �/'icCY2 r 50 1602 10. Describe your current work schedule. Cc 'W , =ccz 'f J�y u3/ 11. Occupational License No. Expiration Date 12. What warranties, expressed or implied, will be in effect (Explain in detail.) (Jn�C�I,C��.s.f UV CG �✓j, � rc ..+� S 13. Have you ever had a contract terminated? If yes, please explain. Ak 14. Name of Surety Rating 15. List of Subcontractors, their scope of work and dollar amount. The List of Sub Contractors shall be attached to the Bid. of Work Dollar Amount ct 16. List at least three similar projects you have completed within the past three years (Do not use the City of St. Petersburg as a reference). Firm Name Address Contact Person/ Telephone Number 51 Organization: Contact Person: Address: City: Phone Number: Brief Description: Date of Installation: Organization: Contact Person: Address: City: Phone Number: Brief Description: Date of Installation: Appendix C References 52 ,`cc'cti c,cS State: Zip: State: Zip: 1602 1602 Organization: Contact Person: Address: City: State: Zip: Phone Number: Brief Description: Date of Installation: Organization: Contact Person: Address: City: State: Zip: Phone Number: Brief Description: Date of Installation: 53 Organization: Contact Person: Address: City: Phone Number: Brief Description: Date of Installation: 54 State: Zip: 16D2 16D2 Welch Tennis Courts, Inc. 11'orid's Lmgest Builder of Fnst Drt• CornIs Construction _ Resurfacing — Lighting — Accessories USTA • USPTA USTC & TBA A IZ DA References 1. City of St. Petersburg — Bartlett Park Mr. Lloyd Thomas 1400— 191h Street North St. Petersburg, Fl 33713 Phone: (727) 893 -7022 Fax: (727) 892-5 164 2. City of Sarasota Public Works — Arlington Park Mr. Dwayne Mountaineer 1761 —12 Street Sarasota, Fl 34236 Phone: (941) 954 -4198 x 62H Fax: (941) 951-3626 3. Pasco County — Starkey Trail Mr. Melvin LeBlanc 8919 — Government Drive New Port Richey, Fl Phone: (727) 847-8194 Fax: (727) 847-8065 4. City of Coleman — Dmilclin & Riser Parks Mr. Joe Mitteur 3502 — East Warm Springs Avenue Coleman, Fl 33521 Phone: (904) 278-0030 Fax: (904) 278-0540 4501 Old U.S. Hwy. 41 • P.O. Box 7770 • Sun City, FL 33586 • Phone (813) 641 -7787 • Fax (813) 641 -7795 16D2 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Welch Tennis Courts, Inc. ( "Contractor ") of 4501 -Old US Highway 41, Sun City, FL 33586, a Florida Corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part Storage wilding, Bid No. 05 -3893 ( "Project'), as said Work is set forth in the Plans and Specifications prepared by Wilson Miller, Inc., the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents 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' and sometimes as the "Contract'). 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 one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. 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: [DESCRIBE IN WORDS] two hundred twenty thousand, seven hundred forty -four dollars and zero cents. ($220,744.00) GC -CA -1 1602 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are 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 meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. 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 at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. 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. Contractor shall achieve Substantial Completion within one hundred and fifty (150) calendar days from the Commencement Date (herein "Contract Time "). 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. Contractor shall achieve Final completion within one hundred and eighty (180) calendar days after the date of ��ppstaratiaF- Eengpletiea, Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the �ry Owner as completed. As used herein and throughout the Contract Documents, the (� phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. GC -CA -2 16D2 Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty (see table below) 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 within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. Project Site Days /Substantial Completion Liquidated Damages Days /Final Completion Liquidated Damages Part 1 150 $225.88 180 $112.94 Part 4ZA $225 8� a8A x 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 Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. GC -CA -3 16D2 F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. 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: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Wilson Miller, Inc. and identified as follows: Eagle Lakes Phase II Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part -II storage Building as shown on Plan Sheets 1 through 24. Exhibit N: Contractor's List of Key Personnel GC -CA-4 1602 Exhibit O: Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Clint Perryman Project Manager Parks & Recreation Department 3300 Santa Barbara Blvd. Naples, Florida 34116 (239) 353 -0755 (239) 353 -1002 Fax B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. George Todd, Jr., President Welch Tennis Courts, Inc. 4501 -Old US Highway 41 Sun City, FL 33586 (813) 641 -7787 (813) 641 -7795 Fax 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. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 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 any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC -CA -5 1602 Section 9. 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 10. 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 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. 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 14. 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 15. Change Order Authorization The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. 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 GC -CA -6 1602 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 17. 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, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. wwww GC -CA -7 1602 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. T�WyO/ WITNESSES: By: FIRST WIT SS Type /Print Name Date: ATTEST- / Attast as to/Chairman's' iipature only. Ap rcved As To Form and Legal Sufficiency: Print Name: Assistant Co my tto y OWNER: CONTRACTOR: W Ich Tennis Courts, Inc. o iL4 l' d'C'3iil tti % _ ype/ d t D ame and Title BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA GC -CA -8 BY: W. t Fred W. Coyle, Chairma rmatJ �— Item # Agenda II l -2R Date Date 2 Rnr.'A 1602 FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. 80027820 CONTRACTOR: Welch Tennis Courts, Inc. 4501 Old US Hwy 41 Sun City FL 33586 813 - 641 -7787 SURETY: The Guarantee Company of North America USA 100 Town Center Suite 1800 Southfield MI 48075 248 -281 -0281 AGENT: Nielson, Wojtowicz & Associates, Inc. 33 6th Street South, Suite 700 St. Petersburg, FL 33701 (727) 209 -1803 OBLIGEE: Collier County Government 3301 E. Tamiami Trail Naples 34112 239- 353 -0755 PROJECT: Eagle Lakes Phase II Improvements, 05-3893,11565 Tamiami Trail East, Naples, FL 1602 EXHIBIT A PUBLIC PAYMENT BOND Eagle Lakes Phase II Improvements - Construction of Part 1: Pavilion and Tennis Courts; and Part 11 Ster-age Rudding Bond No. 80027820 Contract No. 05 -3893 KNOW ALL MEN BY THESE PRESENTS: That Welch Tennis Courts, Inc. 4501 Old US Hwy 41 Sun City, FL 33586 and The Guarantee Company of North America USA as Principal, Surety, located at 100 .Town Center Suite 1800 Southfield, MI 48075 as (Business Address) are held and firmly bound to Collier County Government as Obligee in the sum of TWO HUNDRED TWENTY THOUSAND SEVEN HUNDRED SEVENTY FOUR DOLLARS ($220,774.00 ** 1 for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 29th day of November 2005, with Obligee for Eagle Lakes Phase TI Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contractor 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 penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 14th day of December 2005, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. TPA #1953633.11 GC- CA -A -1 - - 16D2 If Signed, sealed and delivered in the presence of: PRINCIPAL Welch Tennis Courts Inc. BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of a corporation, on behalf of the corporation_ He /she is-personally to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public; State of Commission No.: ATTEST: SURETY: The Guarantee Company of North AMerica USA (Printed Name) 100 Town Center Suite 1800 Southfield, MI 48075 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) _- TPA #1953633.11 GC- CA -A -2 l_. 16022 OR As Attorney in Fact (Attach Power of Attorney) Kevin R. Wojtowicz (Printed Name) Florida Licensed Resident Agent This b,7�? �,�; r hrid; Statue Nielson, Wojtowicz &Associates t time ii .a c' a'r tlIIlf 33 6th Street South Suite 700 te t..)' ,. atutes. St. Petersburg, FL 33701 (Business Address) 727= 209 -1803 (Telephone Number) STATE OF Florida COUNTY OF Pinellas The foregoing instrument was acknowledged before me this 14th day of December , 2005, by Kevin R. Wojtowicz , as Attorney -in -Fact Of The Guarantee Company of North America USA Surety, on behalf of Surety. He /She is personally known to me OR has produced known as identification and who " (did not) take an oath. I My Commission Expires: ur Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: am . KNOKE 0N q 00355120 c�iinr B, 3008 ismw�AS�m. Co. TPA #1953633.11 GC- CA -A -3 16D2 EXHIBIT A PUBLIC PERFORMANCE BOND Eagle Lakes Phase If Improvements — Construction of Part I: Pavilion and Tennis Courts; and Part ll!;tnrage Ruilding Bond N6.0027820 Contract No. 05 -3893 KNOW ALL MEN BY THESE PRESENTS: That Welch Tennis Courts, Inc. as Principal, and The Guarantee Company o£ North America USA as Surety, located at luu Town Center Suite 1800 Southfield, MI 48075 (Business Address) are held and firmly bound to Collier County Government , as Obligee in the sum of TWO HUNDRED TWENTY THOUSAND SEVEN HUNDRED SEVENTY FOUR DOLLARS ($ 220,774.00** ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 29th day of December , 2005, with Obligee for Eagle Lakes Phase IT Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein 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 materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to 1 the specifications. TPA #1953633.11 GC- CA -A -4 16D2 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 December 2005, 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: Witnesses as to Principal - STATE OF COUNTY OF The foregoing instrument , 2005, by personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) PRINCIPAL Welch Tennis Courts, Inc. - BY: NAME: ITS: was acknowledged before me this day of of corporation, on behalf of the corporation. me OR has produced as identification and did (did not) take an oath. TPA #1953633.11 GG- CA -A -5 (Signature) (Legibly Printed) Notary Public, State of: Commission No.: as a He /she is ATTEST: SURETY: Witnesses as to Surety Witnesses STATE OF Florida COUNTY OF Pinellas 1602 The Guarantee.Company of North America USA (Printed Name) 100 Town Center Suite 1800 Southfield, MI 48075 (Business Address) (Authorized Signature) (Printed Name) OR As Attorney-in Fact (Attach Power of Attorney) Kevin R. Wojtowicz (Printed Name) Florida Licensed Resident Agent Nielson, Wojtowicz & Associates 33 6th Street South, Suite 700 St. Petersburg, FL 33701 (Business Address) 727 - 209 -1803 (Telephone Number) The foregoing instrument was acknowledged before me this lath day of December , 2005, by Kevin R. Wojtowicz , as Attorney -in -Fact Of The Guarantee Company of North America U�Aa Michigan Surety, on behalf of Surety. He /She is personally known to me OR has produced known as identification and who � (did not) take an oath. My Commission Expires: :CATHY M. KNOKE MY COMMISSION a 00355120 Narr EXPIR65: September 13. 2008 BCO YNY H. Nz Oismwl Asses. Co. (AFFIX OFFICIAL SEAL) TPA #1953633.11 GC- CA -A -6 (Legibly Notary Public, State of. Commission No.: 1602 THE GUARANTEE COMPANY OF NORTH AMERICA USA TERRORISM RIDER NOTICE OF TERRORISM COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act ") will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $1.00. The cost of terrorism coverage is subject to change on any bond for which an annual premium is charged. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. THE GUARANTEE COMPANY OF NORTH AMEA A Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Kevin R. Wojtowicz, Glenn Arvanitis Nielson and Company, Inc. - Clearwater its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 3 V day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has 'pµrFF caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this `oq 20" day of January, 2005. G r THE GUARANTEE COMPANY OF NORTH AMERICA USA yORr}/AME0. \GP � STATE MICHIGAN County of f Oakland Stephen Dullard, Vice President On this 201h day of January, 2005 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom, said that he is the berein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors o said Company. Gail Trevor Notary Public, State of Michigan County of Macomb 9. ..•Q My Commission Expires August 2, 2005 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a tme and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 14*Y of December 2005 aoR� "mca °P Randall Musselman, Secretary 16D2 EXHIBIT A PUBLIC PERFORMANCE BOND Eagle Lakes Phase II Improvements - Construction of Part I: Pavilion and Tennis Courts; and Part - "torage -BL lding Bond Nd0027820 Contract No 05 -3893 KNOW ALL MEN BY THESE PRESENTS: That relcn Ttlzlis courts, I„,. as Principal, and Tha Guaran 6ec Conpa ny of North Arearica USA as Surety, located at ICL� r.nt er S ,t, ;?nl �.outLfiol p. 1 ':90/, Business Address) are held and firmly bound to Collier county Govern,-.2n,' _ as Obligee in the sum of — -- - -- -- - TldO ❑UNURED T4'ENIY 1TIOUSA_D S,°.VBN HUNDRED SEVENTY FOUR DOLLARS (a " - --- `' ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 29th day of Dece_be,: —_ - -, 2005, with Obligee for E,191e Laces Phase II Improvements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein 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 materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do riot affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. TPA- 1953633.11 GC- CA -A -4 16D12 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 day of 1J "_ °'h'r 72 -' =� 2005, 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_ esses as STATE OF ELF j� COUNTY OF-- -j-tjj0;,.ro .� L WJ lch Tennis Courts, lnc BY: NAME: ` ITS: The foregoing instrument was acknowledged before me this �� day 2005, by of corporation, on behalf of the corporation. He /slsa personally known to me OR has produced rJf q as identification and u0t(did not) take an oath. My Commission Expires: 4 1-3' P �a t� ac' - C.) r( ( ignature) Name:_t20_L� (Legibly Printed) (AFFIX OFFICIAL SEAL) DOROTIiy A VAN NORN MY COMMISSION 9 DO 383081 EXPIRES: March 26, 2009 °' � TAm Uqw W Aq Soma TPA #1953633.11 GC-CA-A-5 Notary Public, State of: Commission No.: -DD q5 � g of as a is ATTEST: Witnesses as to Surety STATE OF Florida COUNTY OF Pinellas 16D2 SURETY: Die Guarantee.Compary of North America USA (Printed Name) 100 Town Center Suite 1800 Southfield, MI 48075 (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Kevin R. Wojtowicz (Printed Name) F1or,ida Licensed Resident. Agent Nielson, Wojtowicz K Associates 33 6th Street South, Suite 700 St. Petersburg, FL 33701 (Business Address) 727- 209 -1803 (Telephone Number) The foregoing instrument was acknowledged before me this lath day of December , 2005, by Kevin R. Wojtowicz as Attorney -in- Fact_ of the Guarantee Company of North ANcrica GISAa Lli.chigan Surety, on behalf of Surety. He /She is personally known to me OR has produced _°°° as identification and who did (did not) take an oath. �_y I My Commission Expires: ( ) re v a e w ailj Y, "NO"I my nus �o- >uo3»i u i F_XPiRFS x711 13 Boob Name: ` D °- r° (Legibly Printed) (AFFIX OFFICIAL SEAL) TPA #195353111 GC- CA -A -6 Notary Public, State of: Commission No.: 1602 THE GUARANTEE COMPANY OF NORTH AMERICA USA TERRORISM RIDER NOTICE OF TF,RRORISM COVERAGE AND DISCLOSTJRE OF PREMIUM Any .loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the Terrorism Risk Insurance Act 01, 2002 (the ",-kct ") will be partially reimbursed by the United States under a formula established by federal taw. Under this fca nnla, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the. insurance; c01111)anyproviding this hood. 'rho portion of your annual premium attributable to certified acts of terrorism under this bond is $1.00. The cost of terrorism coverage is subject to change on any bond for which an annual premium is charged. Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual Liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. 16D2 0 THE GUARANTTE COMPANY OF NORTH AMERICA USA h +� . h�� Southhald, Nclichigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GU:ARiNTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of.%Fchigaa, having its principal office in Southfield, Michigan, does hereby constitute and appoint Kevin R. f6'ojtowicz, Glenn Arvanitis Nielson and Company, Inc. - Cleannater its true and lawful attomcy(s) -in -fact to execute, seal and del iverfor and on its behalf as surely, ally and all bonds and uuderakim,,, contracts of indemnity and otherwritings obligatory in the nature thereof, which are onnay be allowed, required or permitted by law, statute, rule, regulation, contract or othcmise_ The execution of such instmInow(s) in pursuance of these present, shall he as binding upon I III- GUA RAIN I FE COMPANY OF NORTH A.AIFRICA LISA as filly and amply, to all intents and purposes, as If the Same had been duly executed and r leloedcdged by iu regularly elected officers at the principal office. 'f Ile Power of Attom� y is cn.atal and may' be certitusl so, and map' he revoked, p i t I , to nil by aulh, rity u h f At1wIc IX, &ztiou 1) 03 o f t he By -I;nvs adopted by Ihc Board ht Ducctot, ci TJIE (.,FAI< Ats I LE ( OMPANY OF NOR III 1hII.i(It A L A it a meeting held ou the 31 day of Uecainbar, 2003. The PreaidenL or air), Vice President, acting with any S.cretary or Assistant Secrotary, shall have pourer and authority: L To appoint Attonhcy(s) -in -fact, and to authorize tie-in to exmute on behalf of the Company, and attach the Scal of the Company thereto, bonds and undertakings, contracts of indemnity and otlecnvritings ohligatohy in the nature thereof; and 2. To revoke, at any time, any such Attomcy- in- fact and rcrokethe authoriq given. Further, this Powerof Attomcy is signed and sealed by facsimile pursuant to resolution of tle Board of Directors of the Company adopted at x meeting duly called and held on the 31 ° dal of D- cunber2003, of which the followin- is a We excerpt. RESOLVED that the signature of any authorized officer and the scat of the Company may be affixed by facsimile to any Power of Attomcy or certification thereof authorizing the execution and delivery of any hood, undertaking, contracts of indemnity and other wahines obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually noised. On this 20" day of Juicily, 2005 before like came the individual who excatcd the prccedin m.tn_maht, ill Inc personally known, and bung by me duly swum, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; A; that the seal affixed to said rust unheat I, the Corporate Scat of said Company; that the Corpmare Seal and his signaturewero duly affixed by order of the Board of Directors of said Company. Gail Trevor Notary Public, State of Michigan County ofAlacomb My Commission Expires August 2, 2005 Acting in Oakland County IN WI FNESS WHEREOF, I fro, e hereunto set my hand at Fhe Guarantee Company of North America USA offices the day and year above written. I, Randall Mussdman, Secretary of "I HE GUARANTEE COMPANY OF NORFII AMERICA USA, (to hereby certify that the above and forgoing is a true arc( correct copy of Power of Attorney executed by THE GUARANTEE: COMPANY OF NOR FH ANIERICA USA, eihich is still in full force and cffcct. IN iA'IINESS WI11, ED) , 1 have thereunto Set my hand and attached the sold of said Cungrauy tins 7.q troy of Uecembeti N) 5 __. �prvrEp Cc i G ,Q Randall 67uv'elmmh, Secretary' IN Wi t'NESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this upur.. GTHE 20" day of January, 2005. aonaANTF:E: coMr.INr of NoIITII AMCr.1CAlJSA ° SKATE OF MICHIGAN ior I County of Oakland Stephen Dullard, Vice President On this 20" day of Juicily, 2005 before like came the individual who excatcd the prccedin m.tn_maht, ill Inc personally known, and bung by me duly swum, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; A; that the seal affixed to said rust unheat I, the Corporate Scat of said Company; that the Corpmare Seal and his signaturewero duly affixed by order of the Board of Directors of said Company. Gail Trevor Notary Public, State of Michigan County ofAlacomb My Commission Expires August 2, 2005 Acting in Oakland County IN WI FNESS WHEREOF, I fro, e hereunto set my hand at Fhe Guarantee Company of North America USA offices the day and year above written. I, Randall Mussdman, Secretary of "I HE GUARANTEE COMPANY OF NORFII AMERICA USA, (to hereby certify that the above and forgoing is a true arc( correct copy of Power of Attorney executed by THE GUARANTEE: COMPANY OF NOR FH ANIERICA USA, eihich is still in full force and cffcct. IN iA'IINESS WI11, ED) , 1 have thereunto Set my hand and attached the sold of said Cungrauy tins 7.q troy of Uecembeti N) 5 __. �prvrEp Cc i G ,Q Randall 67uv'elmmh, Secretary' ACORD CERTIFICATE OF LIABILITY INSURANCE ID DrLDnw WELTOP E -1 P ONFE 12 29 D O5 q PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wallace Welch S Willingham Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 300 First Avenue South, 5th Fl HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 33020 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. t. Petersburg FL 33733 IPhone:727- 522 -7777 Fax:727 -521 -2902 INSURERS AFFORDING COVERAGE NAIL# INSURER A: bu"aers insurance Group INSURERS. Welch Tennis Courts Inc. INSURER C: PO Box 7770 INSURER D. Sun City FL 33586 ------- - - - - -- INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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 'NSR TYPE OF INSURANCE POLICY NUMBER DATE MMMDIYY DATE fMMIDDffY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY A PREMISES (Ea occurenca) $ CLAIMS MADE 17 OCCUR MED EXP (Any one person) 5 PERSONAL S ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER $ PRODUCTS - COMP /OP AGO POLICY F7 PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Pet person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE J S OCCUR ❑ CLAIMS MADE AGGREGATE -- $ $ g DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYER IETOR /ILITV i ANVPROPRIETORIPARTNDED? CUTIVE 017000026574105 02/28/05 02/28/06 X TORY LIM(IS ER EL. EACH ACCIDENT --- $ 1,000,000 $ 1,000,000 OFFICER/MEMBER E %CLUDED4 It yes, describe under SPECIAL PROVISIONS below EL. DISEASE- EA EMPLOYEE EASE. E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County Board of Commissioners is an additional insured referencing Project # 053893, Eagle Lakes, Phase II Improvements, Construction Part I Pavillion 6 Tennis Courts. *30 day notice cancellation applies with the exception of non - payment of premium, which a 10 day notice applies. CERTIFICATE HOLDER COLCNAI Collier County Board of Commissioners 3301 Tamiami Trail E., Bldg G Naples FL 34112 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI 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 REPRESENTATIVES. •e • — . acoRV CERTIFICATE OF LIABILITY INSURANCE OP ID G WELCH -1 AT I 0 2 0 'PRODUCER Jennings & Associates Ins Inc P.O. Box 2810 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. ECTIVE /Y DATE MM /DDY DATE MMIDDM' T radon FL 33509 -2810 . .ne:813- 689 -0021 Fax:813- 654 -7656 INSURERS AFFORDING COVERAGE 'NAIC# INSURED INSURER A'. Travelers Indemnity Co of Ame= 09490 INSURER B. Phoenix Insurance Company 01613 Welch Tennis Courts Inc. Herrens Tennis Courts Company A Div. of Welch Tennis Courts P 0 BOX 7770 Sun City FL 33586 INSURER Travelers Prop Cas COA $ 100 000 , INSURER D. X INSURER E. I660778X6836TIL UU V CIKAV M0 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 NSR TYPE OF INSURANCE POLICYNUMBER ECTIVE /Y DATE MM /DDY DATE MMIDDM' LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 � PREMISES (Ea occurence) $ 100 000 , A X X COMMERCIAL GENERAL LIABILITY I660778X6836TIL 06/15/05 08/15/06 MED EXP (Any one person) $5,000 CLAIMS MADE a OCCUR PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 IT GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO s2.000.000 POLICY X JEST LOC B AUTOMOBILE LIABILITY ANYAUTO BA385H5518 -05SEL 08/15/05 08/15/06 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000,000 dX BODILY INJURY (Per person) I,$ ALL OWNED AUTOS SCHEDULED AUTOS ,� BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2 , 00(),000 AGGREGATE $2,000,000 C IX OCCUR CLAIMSMADE ISFCUP385H309A -IND 08 /15/05 08/15/06 $ FDEDUCTIBLE $ X RETENTION $5000 WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PRO'RIETOWPARTNERIEXECUTIVE OFFICER'MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE'$ EL DISEASE - POLICY LIMIT $ If yes describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS License Holder: George Kenneth Todd rII.30 days notice of cancellation except for non- payment.Waiver of Subrogation in favor of certificate holder. Certificate holder is additional insured as respects general liability. Project #053893, Eagle Lakes Phase II Improvements, Construction Part 1, Pavillion &Tennis Courts.Severability of Interest(Form CG00 01 10 OlAttached) CERTIFICATE HOLDER COLL107 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL of County Commissiners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Building G 3301 Tamiaml Trail REPRESENTATIVES. i Naples FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25 16D2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 1602 Welch Tennis Courts, Inc. , Herrens Tennis Courts Company a Division of Welch Tennis Courts COMMERCIAL GENERAL LIABILITY -- Policy # I660778X6836TIL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY — CONTRACTORS COVERAGE PART I. WHO IS AN INSURED — (Section 11) is amended to include any person or organization you are re- quired to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which cover- age Is sought. The person or organization aces not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III —LIMITS OF INSURANCE. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage ", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifi- cations; and II. Supervisory or inspection activities per- formed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" included in the "products- completed operations hazard ". 1 Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I — Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible Insurance available to the additional insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non - contributory basis. When this in- surance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a.) Give us prompt written notice of any "occur- rence" or offense which may result :n a claim and prompt written notice of "suit ". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers CG D2 48 10 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 COMMERCIAL GENERAL LIABILITY to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured 1602 with a defense and /or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2002 CG D2 48 10 02 POLICY NUMBER: I660778X6836TIL 16D2 COMMERCIAL GENERAL LIABILITY ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): Project #053893, Eagle Lakes Phase II $2,000,000 Improvements, Construction Part 1, Paviillion and Tennis Courts A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION 1), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "project' shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject', and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard ", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project'. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION 1), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION 1), which cannot be attributed only to operations at a single desig- nated "project' shown in the Schedule above: CG D2 11 0104 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products- completed operations hazard" is pro- 16D2 vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right -of -way of a railroad shall be considered a single "project ". F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 1101 04 COMMERCIAL GENERAL LIAb ,ITY 16D2 ute by limits. Under this method, each in- 9. When We Do Not Renew surer's share is based on the ratio of its appli- If we decide not to renew this Coverage Part, we cable limit of insurance to the total applicable will mail or deliver to the first Named Insured limits of insurance of all insurers. shown in the Declarations written notice of the 5. Premium Audit nonrenewal not less than 30 days before the expi- a. We will compute all premiums for this Cover- ration date. age Part in accordance with our rules and If notice is mailed, proof of mailing will be suffi- rates. cient proof of notice. b. Premium shown in this Coverage Part as ad- SECTION V — DEFINITIONS vance premium is a deposit premium only. At 1. "Advertisement" means a notice that is broadcast the close of each audit period we will com- or published to the general public or specific mar - pute the earned premium for that period and ket segments about your goods, products or ser- send notice to the first Named Insured. The vices for the purpose of attracting customers or due date for audit and retrospective premi- supporters. For the purposes of this definition: ums is the date shown as the due date on the bill. If the sum of the advance and audit pre- a. Notices that are published include material miums paid for the policy period is greater placed on the Internet or on similar electronic than the earned premium, we will return the means of communication, and excess to the first Named Insured. b. Regarding web - sites, only that part of a web - c. The first Named Insured must keep records of site that is about your goods, products or ser- the information we need for premium compu- vices for the purposes of attracting customers tation, and send us copies at such times as or supporters is considered an advertisement. we may request. 2. "Auto" means a land motor vehicle, trailer or 6. Representations semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment. By accepting this policy, you agree: But "auto" does not include "mobile equipment ". a. The statements in the Declarations are accu- 3. "Bodily injury" means bodily injury, sickness or rate and complete; disease sustained by a person, including death b. Those statements are based upon represen- resulting from any of these at any time. tations you made to us, and 4. "Coverage territory" means: c. We have issued this policy in reliance upon a. The United States of America (including its your representations. territories and possessions), Puerto Rico and 7. Separation Of Insureds Canada; Except with respect to the Limits of Insurance, b. International waters or airspace, but only if and any rights or duties specifically assigned in the injury or damage occurs in the course of this Coverage Part to the first Named Insured, travel or transportation between any places this insurance applies: included in a. above; or a. As if each Named Insured were the only c. All other parts of the world if the injury or Named Insured; and damage arises out of: b. Separately to each insured against whom (1) Goods or products made or sold by you in claim is made or "suit" is brought. the territory described in a. above; 8. Transfer Of Rights Of Recovery Against Oth- (2) The activities of a person whose home is ers To Us in the territory described in a. above, but If the insured has rights to recover all or part of is away for a short time on your business; any payment we have made under this Coverage or Part, those rights are transferred to us. The in- (3) "Personal and advertising injury" offenses sured must do nothing after loss to impair them. that take place through the Internet or At our request, the insured will bring "suit" or similar electronic means of communica- transfer those rights to us and help us enforce tion them. Page 12 of 16 0 ISO Properties Inc., 2000 CG 00 01 10 01 1602 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In _.,addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, n a timely basis, if requested by Owner. (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. Contractor shall also notify Owner, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor 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 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. 3) Should at any time the Contractor not maintain the insurance coverage's required herein, the Jwner may terminate the Agreement or at its sole discretion shall be authorized to purchase such 1919MOLQ 51 1602 average's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Jwner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (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 shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self - insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self- insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. GC- CA -B -2 16D2 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights 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. (check one) ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 GC- CA -B -3 1602 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 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) 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. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable ®Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) ❑ Applicable ® Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount 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 nd entities who are beneficiaries of such insurance, until final payment has been made or until no arson or entity other than the Owner has an insurable interest in the property required to be covered, GC- CA -B -4 1602 '-flchever 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 and windstorm 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 $5,000 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 or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 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 wner. 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 Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any 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 and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 C Bodily Injury & Property Damage - $1,000,000 GC- CA -B -5 16D2 Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC- CA -B -6 16D2 EXHIBIT C RELEASE AND AFFIDAVIT FORM 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 it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 2005 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (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) To the maximum extent permitted by law, 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: DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by , as of , a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (Signature of Notary) (Legibly Printed) ,,..,(AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TPA #1953633.11 GC- CA -C -1 16D2 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM RE: Bid No. Project Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) 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 Price: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage $ Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION .;ONTRACTOR'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, and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: ,_By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TPA #1953633.11 GC- CA -D -1 16D2 N O Q U U A6 M C1 V) M N a a r w y a ww aD ° J a n E m w � o n O U n a W W W J � OJ�m n Va O U F Hill a O _ N = — G J w ¢ c E K C o ° N ¢ E a � o � `co E NO ° N SK aF W Y jL w a — c ¢ a a U ° 00 ¢ y rc x m a n t- u f w ot_ O ° J I V S U Q p N w a a r O j O C � a a m o =- o .: a S E c I o r ¢ U N o a m I N J e v p o m U E n m w � W a E 3 16D2 N O Q U U A6 M C1 V) M N a a EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: Change Order Description Original Agreement Amount ..................... Sum of previous Change Orders Amount. This Change Order Amount ..................... Revised Agreement Amount ..................... 1602 FROM: Collier County Government Construction Agreement Dated: Date: ...... ............................... $ ...... ............................... $ ...... ............................... $ Original Contract Time in calendar days Adjusted number 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 Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) GC- CA -E -3 OWNER'S Project No PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. 16D2 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 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 requirements of 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. TPA #195363111 GC- CA -F -1 16D2 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: 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 2005 Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on , 2005 CONTRACTOR By Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2005 OWNER hype Name and Title TPA #1953633.11 GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: _ Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: 1602 2005 Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (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. As -Built drawings obtained and dated: 6. Owner 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: GC- CA -H -1 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) GC- CA -H -1 16D2 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by 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 Subject to Section 2.3 below, 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 eiCrO7_7WIN 1602 and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein 'Progress Schedule "). The Progress Schedule shall relate GC- CA -H -3 16D2 to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 3:00 p.m., Monday through Friday. 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 along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. 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, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the GC- CA -H -4 1602 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. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within 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. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full -- through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. GC- CA -H -5 16D2 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 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's CeT*TW_1V1 16D2 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 Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 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 attached to this Agreement as Exhibit G. 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 in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. 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, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any -- other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available eK.aye:er 16D2 maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by 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 Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and 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 Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); GC- CA -H -8 16D2 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 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. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, 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 document retention 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, GC- CA -H -9 16D2 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 its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 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. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 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 GC- CA -H -10 1602 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 order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known 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 GC- CA -H -11 1602 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 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. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, GC- CA -H -12 16D2 but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 CeZ.aH_e:6Rl 16D2 above, 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 Owner'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 Contractor 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. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's GC- CA -H -14 1602 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 attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through - no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its tK.aye:dN7 16D2 default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and 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 Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch - list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and GC- CA -H -16 16D2 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) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) 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 its 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 subcontractor or materialmen 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. 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 another 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 Owner to disqualify the Contractor from future _. bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. GC- CA -H -17 16D2 — 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. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 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. 22.5 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. 22.6 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. GC- CA -H -18 16D2 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 and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Owner, 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. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. 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 GC- CA -H -19 1602 under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and 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. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 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 5.13, 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 any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be — charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. GC- CA -H -20 1602 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 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 Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and GC- CA -H -21 1602 - 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis 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. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply GC- CA -H -22 16D2 with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction _ conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner 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 this 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 (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. GC- CA -H -23 1602 The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. GC- CA -H -24 16D2 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must 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 Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner GC- CA -H -25 16D2 will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. GC- CA -H -26 16D2 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMTS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC- CA -H -27 1602 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS relexey 1602 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 16D2 TECHNICAL SPECIFICATIONS FOR EAGLE LAKES PARK PHASE II Prepared For: Collier County Parks and Recreation 3300 Santa Barbara Boulevard Naples, Florida 34116 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane Suite 200 Naples, Florida 34105 • • MIS Courts Rebid Spe F6s for Pavilion & TO THESE DOCUP PREPARED BY DATE: CHECKED BY: DATE: WW 14g 1 V¢r 031 -AGONi LE Mu N]511- 003'0% ESBM 29170 Adolfo A. Gonzalez, PE FL. License No. 42577 Date —/—/ WILSONMILLER, INC. Certificate of Authorization No. 43 3200 Bailey Lane, Suite 200 Naples, FL 34105 -8507 WilsonMiller, Inc. Construction Technical Specifications For Site Civil Items Only (Refer to construction drawings of other disciplines for additional specifications) Table Of Contents Section 01001 -1 Supplementary Technical Specifications (Collier County) Section 01003 - Supplementary Technical Specifications (ENFCRD) Section 01027 - Applications For Payment Section 01045 - Structural Cutting And Patching Section 01050 - Surveying (By Contractor) Section 01090 - Reference Standards Section 01300 - Shop Drawings Section 01310 - Progress Schedules Section 01410 - Testing Services Section 01510 - Temporary Utilities And Controls Section 01600 - Material And Equipment Section 01675 - Pre- Construction Video Record Section 01700 - Contract Close -Out Section 01730 -Operation And Maintenance Data Section 02703 - Trenching And Backfilling - Section 02704 - Maintenance Of Traffic Section 02705 - Restoration And General Requirements Section 02706 — Water Lines (Collier County Utility Division) Section 02707 - Storm Sewers And Pipe Culverts Section 02708 — Gravity Sanitary Sewers (Collier County Utility Division) Section 02709 - Pressure Pipeline Construction Section 02715 - Rock Excavation Section 02726 - Jacking And Boring Section 02731 - Television Inspection (Gravity Sewer) Section 02813 - Seeding, Mulching And Sodding Section 02814 - Concrete Curbs, Gutters, Manhole Frames, Storm Inlets, Etc. Section 02817 - Clearing And Grubbing Section 02820 - Excavation And Embankment Section 02828 - Chain Link Fence And Gate Section 02910 - Limerock Base Course And Stabilized Subgrade Section 02911 - Wearing Surface - Asphaltic Concrete Section 02911A — Plexipave System Section 02924 -Pavement Marking, Striping, And Signs (DOCS Open # 120163) Section 03030 — Structural Concrete ]IR. -149024 Ve 01! -A..M LE M522 -0021401 -EISW 28777 16D2 Adolfo A. Gonzalez, PE FL. License No. 42577 Date / / WILSONMILLER, INC. Certificate of Authorization No. 43 3200 Bailey Lane, Suite 200 Naples, FL 34105 -8507 1602 SECTION 01001 -1 SUPPLEMENTARY TECHNICAL SPECIFICATIONS FOR PAVILIONS & TENNIS COURTS RE -BID PART1 GENERAL 1.01 SUMMARY A. This Section includes Supplementary Technical Specifications that amend or supplement the Technical Specifications of these Contract Documents. All Specifications not amended or supplemented remain in full force and effect. 1.02 CHANGES A. Delete all references to unit price bids. The Contractor shall provide a lump sum bid for each of the bid items described in the Bid Form. B. Section 01003 — Supplementary Technical Specifications East Naples Fire Control District: Sub - section 1.02.A: Change the date of the referenced memorandum to April 30, 2004. Refer to the end of this supplementary specification for the referenced memorandum. The Contractor shall check with the Fire Control District regarding the District's current fee structure for testing and inspections. C. Section 01410 — Testing Services: Replace Sub - section 1.02.A with the following: The Contractor shall pay for the services of an independent testing laboratory to perform all tests required by the Technical Specifications and Construction Drawings. The Contractor shall submit the qualifications of the independent testing laboratory prior to construction commencement for review and approval by the Engineer. 2. Regarding Sub - section 1.05.E: The Contractor shall submit asphalt pavement core samples and density test results in accordance with Collier County inspection requirements. The Contractor shall confirm the sampling frequency and reporting deadlines at the required pre - construction conference with county inspection staff. 3. Add Sub - section 1.08.E: Refer to the Quick Reference Guide of Required Submittals Items described at the end of Supplementary Technical Specification 01001 -1 for a reference to the relevant items that must be submitted by the Contractor to the Owner's representative prior to, during and after construction completion. A required submittal item may be waived at the Engineers discretion. The Contractor shall submit a written request to waive a submittal item at the pre- construction conference. The requirement in the governing technical specification shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. &17RW 1989]) V,.M'.PGO E N7$Y1203 j EIS IDM 16D2 D. Section 01510— Temporary Utilities and Controls: 1. Add new Sub - section 1.02.D: Comply with permit stipulations in the Collier County Site Development Permit SDPA - 2004 -AR -6532, Florida Department of Environmental Protection (FDEP) Environmental Resource Permit No. 11- 0141573 -002, FDEP General Permit for Construction of Water Main Extensions (permit issuance is pending; the application is included herein), Florida Department of Health Centrax Permit Number 11 -60- 03167, and Florida Department of Transportation Right-of-Way Permit No. 04 -K -197 -0010. The Contractor is responsible for securing all other permits. Refer to the end of the Supplementary Technical Specifications for a copy of each referenced permit. 2. Regarding Sub - section 2.06, Temporary Sanitary Facilities: The Contractor's /subcontractor's personnel may utilize the on -site restroom facilities and shall not restrict the use of such facilities to the general public. E. Section 01600, Material and Equipment: Add new Sub - section 1.06.B.5: The following affirmative and written responses from the Contractor will be required prior to approval of a substitute product: 1. Is the Contractor familiar with the substitute product with respect to handling, storing, installing, repairing and replacing it? 2. Is the Contractor familiar with the specifications for the substitute product? 3. Does the Contractor have personnel assigned to the Project that have experience in handling, installing and repairing the substitute product in accordance with the manufacturer's instructions? F. Section 01675 — Pre - construction Video Report: The Contractor shall record the following areas prior to construction commencement: 1. Each work zone, including a view extending beyond the work zone to also cover existing landscaping near each work zone. 2. The entire area contained in the "Limited Clearing Area" described in Drawing C -2 of the site civil construction drawings. 3. The north half (i.e., westbound direction) of US 41, extending 100' in both directions beyond the work zone within the US 41 Right -of -Way. 4. The exterior and interior of the restroom building near the proposed interactive water feature and equipment yard (i.e., the restroom building northeast of the existing basketball court). 5. Each internal vehicular and pedestrian access way intended to be used to deliver construction materials or accessed by Contractors or subcontractors personnel. 6. Each staging, storage, and contractor /subcontractor personnel milling area within the Owner's property. G. Section 02703 — Trenching and Backfilling: Add to the end of Sub - section 3.09.C: If the Engineer allows the laying of pipe in water, then the Contractor shall adhere to the installation requirements described in ASTM D 2321 -00 — Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications — with respect to the viiaoos tugnv ,wL rwor F uisss -rozmi. Eimc xe�n 16D2 placement of Class I Materials, (i.e., aggregates). The Contractor shall install the necessary materials and utilize the necessary practices to prevent migration of fines into Class I Materials or other open graded aggregates. The bedding material shall be laid up to the pipe haunches, or up to the level of standing water in the trench, whichever is higher. H. Section 02705 — Restoration and General Requirements: Add Sub - section 3.09.G — Staging Areas within the Owner's Property: The Contractor shall limit staging and storage areas within the Owner's Property to the grassed infield that is west of the main entrance (Refer to Exhibit for location). The Contractor shall secure written permission from the Owner prior to utilizing any other area within the Owner's property for staging of equipment, materials storage yards, milling areas for laborers, etc. The Contractor shall not stage or store any materials or equipment within the US 41 Right -of -Way. Contractor's materials, equipment, and personnel shall stay a reasonable distance away from, and avoid to the greatest extent practicable any disruptions to, all parts of the park that are or could be utilized by recreational users. The Contractor shall familiarize himself with league play schedules to avoid disruptions to onsite pedestrian and vehicular circulation and use by recreational users during the duration of the construction project. The Contractor shall install any necessary pedestrian safe barriers to keep pedestrians away from work zones. There may be other contractors working within the Park during the same time that this Project is under way. The Contractor shall take the necessary precautions to secure the staging, storage areas, and work zones to avoid conflicts with the construction work being done by others. Section 02821 — Chain Link Fence and Gate: Delete all references to fence heights and gate sizes and refer to the site civil construction drawings. Delete all references to barbed wire fence in the technical specifications, including Section 02821. 1. Regarding Sub - section 2.2.A.1: Knuckled top and bottom selvages shall be used instead of twisted and barbed selvages. Replace reference to "ASTM F-688" with correct reference of "ASTM F -668 ". 2. Regarding Sub - section 2.2.A.t.c.1: Fence fabric and materials shall have the same finish color as the existing fence on site surrounding the kiddy playground. J. The following additional enclosures referenced in this supplementary specification appear after this page: 1. East Naples Fire Control & Rescue District "Hydrant Requirements" effective April 30, 2004. 2. Quick Reference Guide to Required Submittal Items by Contractor per WilsonMiller Technical Specifications (Site Civil Items Only) 3. Permits 4. On -site Staging and Storage Area Exhibit END OF SECTION 01001 -1 W17a. S IM977 va: m!- M:CNLYE mvxmxw,- Eimczem A T51t'm F 16D2 A� East Naples Fire Control & Rescue District kF-),N Fire Prevention Bureau 5001 East Tarniami "Nail Naples, Florida 34113 (239) 774 -2800 HYDRANT REQUIREMENTS Effective April 30, 2004 i) All hydrants located in project shall be freshly painted OSHA Safety Yellow. 2) Hydrants must be properly restrained in accordance with NFPA 24 (breakaway pads, thrust blocks and mega lugs.) 3) All hydrants shall be epoxy -lined up and through the discharge nozzels, and epoxy breakaway coupling. 4) All threads shall be lubricated. 5) Blue DOT markers shall be placed in the road after final paving slightly off center toward the hydrants as an indication of location. 6) Final landscaping elevation grade shall be no higher than the safety flange of the hydrant. 7) Vegetation, fencing or other obstructions shall not be placed closer than 3 feet to a hydrant or so as to obstruct any outlet. 8) The barrel of the hydrant and the hydrant foot valve shall be 5 '/4" in diameter, at minimum. 9) All discharge outlet threads shall be American National Fire Hose Connection Screw Thread, and all hydrants must have (2) 2.5" ID discharge outlets and (1) 4.5" ID discharge outlet. 10) The large hydrant outlet shall face the street. 11) All fire hydrants subject to traffic collision shall be provided with concrete filled 4" 1D steel traffic protection pipes/barricades on all sides subject to collision. 12) Water supply to hydrants must be functioning at full capacity at the time of final inspection and before structural construction begins. 13) Chains and rings must be removed from all hydrants. £O -d� 9r.£ bLL G£-d 3�`E� .�3�d�✓f�i 15�� 'HE = =OE. SG- ±�rJ•-- a�}'�S t, 1602 All hydrants shall comply with the aforementioned specifications. All hydrant inspection fees shalt be paid prior to receiving the ownership /maintenance letter. A letter requesting hydrant ownership /maintenance by ENFD must be submitted to the following address before CO is granted: East Naples Fire Prevention Bureau, 5001 E. Tamiami Trail, Naples, Florida 34113. Each hydrant will require a maintenance fee of $500.00 and inspection fee of $50. An additional fee of $90.00 will be charged for the fire flow test. Checks are to be made payable to East Naples Fire Department. In accordance with Collier County Ordinance, the following reinspection fees shall be levied should any hydrant fail to comply with all specifications upon first inspection: I" Failure $50 Per hydrant 2"1 Failure $75 Per hydrant 3rd Failure $100 Per hydrant 4`t' Failure 5250 Per hydrant 5`t' Failure $500 Per hydrant VQ'd StIE t14L 6EZ a';:?A S3gciVN 1S`J3 :: VES =:GT. SO, -va -- ev! 1602 Quick Reference Guide to Required Submittal Items by Contractor per WilsonMiller Technical Specifications (Site Civil Items Only) Submittal Technical Technical Specification Required Test Or Date Date Tracking Specification Specification Name Subsection Submittal Item When Needed By Submitted Approved Number Number Number The requirement in the governing technical specirication shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. 01001 Supp Tech. Spec 1.02 See spec. for As Required additional items 01003 Supp. Tech. Spec. - 1 02.0 Details & Hydrant Prior to Ordering 01027 ENFCD Applications for Data Materials ---Flow 1.04.A Payment Application As Agreed Upon Pa menl 01027 _ Applications for 1.04.B Updated Const. W/ Ea. Pay. App. Payment Schedule _ 01045 Structural Cutting 8 _ 1.02 .8 Request for Cutting In Advance of Patchi__ __.... Surveying _ Cutting - 01050 1.03 A -B Surveyor Info Before Surveying 01050 Surveying 1.03.0 Site Drawings and Prior to Substantial Certificates Completion 01300 Shop Drawings 1.02 Required Submittal Prior to Ordering Procedures Materials - _ 01310 Progress Schedules 1.05.A Preliminary Outline W!m 15 Days After Schedule Agreement 01310 Progress Schedules 1.05.13 Updated Schedule - W/ Ea. Pay. App. 01410 Testing Services 105 E County Required As Required Tests 01410 Testing Services 1.06 A Laboratory Results After each test 01410 Testing Services t 08.A Mix Designs to When Requested Laboratory 01600 Material &Equipment 1.05.6 Request for Prior to Ordering Substitutions Materials 01600 Material 8 Equipment _ 1,0&A A Documentation for Prior to Ordering Substitutions Materials 01675 Pre- Construction 1.03.A Video Record Before Video Record Construction (but not earlier than 90 days prior) 01700 Contract Close Out 1.02.8 Construction Upon Final Certification Completion _ 01700 Contract Close Out 1.02.0 Any required Upon Final submittals 8 final Completion statement of accountm 01700 Contract Close Out 1.04.0 Project Records At Contract Close- out _ 01700 Contract Close Out 1.05.8 Warranties and Bonds Prior to Final Pay. App. _ 01700 Contract Close Out 1.06.A Products, Spare Parts, Prior to Final Pay. Contract Close Out etc. App- 01700 1.07.A Releases or Waivers Prior to Final Pay. of Liens App. _ 01700 Contract Close Out, 1.08.A __ Final Pay. App. When Appropriate 01730 Operation / __ 1.08.A Preliminary Draft of Before Start Of Maintenance Data 08M Manuals Work _ 01M Operation / _ _ 1.08.6 Product and 10 Days After Maintenance Data Manufacturers Data Acceptance # 148982 v1 Z5555 -555 -555 Page 1 of 3 3/812005 1602 Quick Reference Guide to Required Submittal Items by Contractor per WilsonMiller Technical Specifications (Site Civil Items Only) Submittal Technical Specification Tracking Specification Technical Sub- Section Required Test Or When Needed By Date Dale Number Number Specification Name Number Submittal Item Submitted Approved The requirement in the governing technical specification shall take precedence over the information contained in the quick reference guide if there is any discrepancy or missing information in the quick reference guide. Data In Final Form 01730 Operation / - tins__ 1,68 C w!n 10 Days After Maintenance Data Final Inspection 02703 Trenching and 2.01.A Ballast Rock Sample Prior to Ordering tint._ Backflling __ _ Materials _ As Needed 02703 Trenching and .sing 3.11.0 8 D - tint. _...— Density Test — tint Backfilling 02704 Maintenance of Traffic 3.02.A Traffic Control Plan Al Pre - cons(. Mtg. Or as Req'd by Governing Agency 0 2705 esto Rmtion 8 General 3.08.8 Density Test As Needed Re uirements 02705 Restoration &General 3.08.0 Concrete Sampls As Needed —_ —... Re uirements 02706 Water Lines 2.01.1.3 Details 8 Hydrant Prior to Ordering _ tint Flow Data Materials 02706 Water Lines 3.06.8 Bacteriological Test As Req d by Results Agency Having Jurisdiction 02707 Storm Sewer 8 Pipe 1.03 A Cut Sheets _ ss Prior to Pipelin ine Culverts Consf. 02707 —tins e Storm Sewer 8 Pipe _ 2 07.A sting Iron Casting Tests _.tint— When Requested Culverts tins tins_. by Engineer 02708 Gravity Sanitary 1.03 A Cut Sheets Prior to Pipeline Sewers 2 07 A.9 _ Manhole Shop Consf. _. -__- Prior to Consl. 02708 _Sa Gravity Sanitary Sewers _ _ Drawings 02708 Gravity Sanitary 2.01. B.3 Brick Samples & Test tint Prior to Consl. _ ._ _ Sewers 2.01.1­11 Reports __ 02708 --_ Gravity Sanitary Watertight Stop Prior to Consl. Sewers _ _ System S1hoFr_Draw!ngr 02708 Gravity Gravity Sanitary 3.08.8 Wye Records As Needed Sewers 3.09.A 02709 Pressure Pipeline Transition Details When Requested Construction -- —tins. by Engineer 02731 Television Inspection tint 1 03.0 Video Record tint— Prior to Substantial tint (Gravity Sewer) Completion 02814 c Conrete Curbs, - 3.06.8 Spec ified Tests When Requested Gutters, Manhole by Engineer __ tint Frames... 02820 Excavation and 3.04.E __ Density Tests As Needed _ —sins _ Embankment 02910 tint Limerock Base Course _.____ 2.01.8 Samples for Physical As Needed & Stabilized Sub grade 3.02.E and Chemical Analysis Density Tests 02910 Limerock Base Course As Needed & Stabilized Sub grade 02910 __.. Limerock Base Course 3.09.A .__sting Additional Testing When Requested & Stabilized Sub grade by Engineer 02910 Limerock Base Course tint_ —_.. 3 09.A 1 8 2 _ er Limerock Bearing As Needed & Stabilized Subgrade Value Test & Limerock In Place Density # 148982 v1 Z5555 -555 -555 Page 2 of 3 3182005 1602 SECTION 01003 — ENFCRD SUPPLEMENTARY TECHNICAL SPECIFICATIONS EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT FIRE HYDRANT REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. This Section includes Supplementary Technical Specifications which amend or supplement the Technical Specifications of these Contract Documents. All Specifications not amended or supplemented remain in full force and effect. This Section amends Section 02706, Water Lines, Paragraph 2.01 I, by adding the following: 1.02 CHANGES A. Fire hydrants to be installed in the East Naples Fire Control and Rescue District shall comply with their "Hydrant Requirements ", September 12, 2002, memorandum. The CONTRACTOR shall comply with all requirements of this memorandum at his expense. C. The CONTRACTOR shall submit manufacturer's details and certified hydrant flow data to the East Naples Fire Control District for review and approval prior to ordering of materials. Their address and phone number are listed below. EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT 4798 DAVIS BOULEVARD NAPLES, FLORIDA 34104 (239) 774 -7111 Telephone (239) 774 -1782 Fax HYDRANT REQUIREMENTS December 15, 1998 D. All hydrants installed in Project shall be freshly painted with Sherwin Williams DTM acrylic gloss coating (water base) PURE WHITE. Accepted manufacturer's models: Mueller SUPER CENTURIAN Kennedy K81A Guardian No other models or approved equals will be allowed. 6/1/03 SECTION 01003 120343 Page 1 of 2 16D2 F. Hydrants must have thrust blocks in accordance with NFPA 24. G. All hydrants shall be epoxy lined up and through the discharge nozzles and break away coupling epoxied. H. All threads shall be lubricated. I. Blue DOT markers shall be placed in the road after final paving slightly off center towards the hydrants as an indication of location. J. Final landscaping elevation grade shall be no higher than the safety flange of the hydrant. K. Vegetation, fencing, or other obstructions shall not be placed closer than three feet to a hydrant or so as to obstruct any outlet. L. The barrel of the hydrant and the hydrant foot valve shall be 5 % inches in diameter minimum. M. All discharge outlet threads shall be American National Fire Hose Connection Screw Thread and all hydrants must two 2 % inch I.D. discharge outlets and one 4 Yz inch I.D. discharge outlet. N. The large hydrant outlet shall face the street. O. All fire hydrants subject to traffic collision shall be provided with concrete filled, four inch I.D. steel traffic protection pipes /barricades on all sides subject to collision. P. Water supply to hydrants must be functioning at the time of final inspection and before structural construction begins. O. An inspection fee of $50.00 per hydrant and an ownership and maintenance fee of $500.00 per hydrant shall be paid to the East Naples Fire Department for repair and maintenance of hydrants throughout their lifetime. The fee for each fire flow is $90.00. The OWNER shall pay these fees directly to the district. The CONTRACTOR shall pay any reinspection fees. R. All hydrants shall comply with the aforementioned Specifications, and the inspection fee for each hydrant shall be paid prior to receiving the "Ownership and Maintenance Letter ". S. A reinspection fee of $10.00 per hydrant shall be levied if any hydrant fails to comply with these Specifications upon first inspection. END OF SECTION 01003 - ENFCRD 6/1/03 SECTION 01003 120343 Page 2 of 2 16D2 SECTION 01027 APPLICATIONS FOR PAYMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of Applications for Payment. 1.02 FORMAT A. As directed by the Terms and Conditions of this Bid. I 1.03 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. B. Execute certification by signature of authorized officer. C. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of Work performed and for stored products. If CONTRACTOR submits for stored products, copies of invoices shall be submitted as backup. Sum of values listed shall equal Contract Price. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of Work. 1.04 SUBMITTAL PROCEDURES A. Submit six copies of each Application for Payment. Prior to submittal of first Application, an approved Schedule of Values .shall be obtained from ENGINEER. B. Submit an updated construction schedule with each Application for Payment. C. Payment Period: Submit at intervals stipulated in the Agreement. 1.05 SUBSTANTIATING DATA A. When ENGINEER requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART PRODUCTS Not Used 6/1/03 SECTION 01027 120345 Page 1 of 2 1602 1602 B. Product Substitution: For any proposed change in materials, submit request for substitution. PART 3 EXECUTION 3.01 EXAMINATION A. Inspect existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching. B. After uncovering existing Work, inspect conditions affecting performance of Work. C. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of the Project from damage. B. Provide protection from elements for areas which may be exposed by uncovering Work. C. Maintain excavations free of water. 3.03 CUTTING AND PATCHING A. Execute cutting, fitting, and patching, including excavation and fill to complete Work B. Fit products together to integrate with other Work C. Uncover Work to install ill -timed Work. D. Remove and replace defective or nonconforming Work. E. Remove samples of installed Work for testing when requested. F. Provide openings in the Work for penetration of mechanical and electrical Work. 3.04 PERFORMANCE A. Execute Work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing. 6/1/03 SECTION 01045 120350 Page 2 of 3 1602 1602 SECTION 01050 SURVEYING (PROVIDED BY CONTRACTOR) PART1 GENERAL 1.01 SECTION INCLUDES A. Survey requirements for the Project. 1.02 QUALITY CONTROL A Employ registered State Florida acceptable to ENGINEER d OWNER to perform surveyfunct functions s Section. 1.03 SUBMITTALS A- Submit name, address, and telephone number of Surveyor before starting survey Work. B. On request, submit documentation verifying accuracy of survey Work. C. Submit a copy of registered site Drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with Contract Documents. 1.04 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey Work as it progresses. 1.05 EXAMINATION A. Verify locations of survey control points and reference points prior to starting Work. B. Promptly notify ENGINEER of any discrepancies discovered. 1.06 SURVEY REFERENCE POINTS A. CONTRACTOR shall locate and protect survey control and reference points. B. Control datum for survey is that indicated on the Drawings. C. Protect survey control points prior to starting site Work; preserve permanent reference points during construction. D or relocation required because r cause of changes n grades or reference point or other reasons. SECTION 01050 6/1/03 Page 1 of 2 120353 16D2 E. The Registered Surveyor shall replace dislocated survey control points based on original survey control. Make no changes without prior written notice to ENGINEER. 1.07 SURVEY REQUIREMENTS A. Provide field engineering services. Utilize recognized engineering survey practices. B. Establish a minimum of two permanent benchmarks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C. Establish elevations, lines, and levels. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements, stakes for grading, fill and topsoil placement, utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Building foundation, column locations, ground floor elevations. D. Periodically verify layouts by same means. 1.08 SURVEYS FOR MEASUREMENT AND PAYMENT A. Perform surveys to determine quantities of Unit Cost Work, including control surveys to establish measurement reference lines. Notify ENGINEER prior to starting Work B. CONTRACTOR'S Surveyor shall sign field notes or keep duplicate field notes. PART PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01050 6/1/03 SECTION 01050 120353 Page 2 of 2 16D2 SECTION 01090 REFERENCE STANDARDS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Application of Reference Standards. B. Provision of Reference Standards at site. C. Acronyms used in Contract documents for Reference Standards. 1.02 QUALITY ASSURANCE A. 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. B. The date of the standard is that in effect as of the date of Owner - Contractor Agreement except when a specified date is specified. 1.03 SCHEDULE OF REFERENCES AASHTO - American Association of State Highway and Transportation Officials ACI - American Concrete Institute AGC - Associated General Contractors of America ANSI - American National Standards Institute ASTM - American Society for Testing and Materials AWWA - American Water Works Association EJCDC - Engineers' Joint Contract Documents Committee EPA - Environmental Protection Agency FDER - Florida Department of Environmental Regulation FDOT - Florida Department of Transportation UL - Underwriters' Laboratories, Inc. FDOT -SPEC - Florida Department of Transportation Standard Specifications for Road and Bridge Construction 8/1/04 Section 01090 133121 Page 1 of 2 16D2 WM - WilsonMiller, Inc. MUTCD -Manual on Uniform Traffic Control Devices 8/1/04 Section 01090 133121 Page 2 of 2 16D2 SECTION 01300 SHOP DRAWINGS PART1 GENERAL 1.01 SECTION INCLUDES A. Shop Drawing submittal procedures. 1.02 PROCEDURES A. Deliver six copies of Submittals to ENGINEER at address listed on cover sheet of Specifications. B. Transmit each item under ENGINEER Accepted Form. Identify Project, CONTRACTOR, Subcontractor, and major supplier. Identify pertinent Drawing Sheet and Specification Section number as appropriate. Identify deviations from Contract Documents. Approve all Submittals prior to forwarding to ENGINEER by stamping and signing approval stamp. Provide space for CONTRACTOR and ENGINEER review stamps. C. After ENGINEER review of Submittal, revise and resubmit as required, identifying changes made since previous Submittal. D. Distribute copies of reviewed Submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. E. Prior to any Submittals, a Schedule of Shop Drawings must be submitted and approved by ENGINEER. PART PRODUCTS 2.01 SHOP DRAWING SUBMITTAL A. All wastewater pump station equipment B. Fire hydrants C. Submersible sewage pumps D. Typical manhole if different than detail on Plans E. Manhole connection devices for sanitary sewers and forcemains F. Pipe transition fittings if required by ENGINEER. G. Other items required by the Drawings and /or Specifications. H. Drainage structures. I. Control structure 6/1/03 SECTION 01300 120356 Page 1 of 2 PART 3 EXECUTION Not Used END OF SECTION 01300 16D2 6/1/03 SECTION 01300 120356 Page 2 of 2 1602 SECTION 01310 PROGRESS SCHEDULES PART1 GENERAL 1.01 SECTION INCLUDES A. Scheduling requirements, including Submittal and Revision Procedures. 1.02 FORMAT A. Unless otherwise specified, the CONTRACTOR shall submit a schedule of activities in either of the forms listed below: 1. A horizontal bar chart (minimum sheet size 24 inches x 36 inches) with separate bar for each major Work item. The time sequence shall be designated horizontally at the top of the chart in months and years. The position of each activity bar shall indicate the work period from beginning to the end of each activity work period. 2. A logic diagram or CPM of all activities showing description, duration, early and late start/finish dates, predecessors, successors, and float time. 1.03 CONTENT A. The list of activities shall represent the complete scope of the Project and shall be subject to approval by the OWNER'S Representative. B. Show complete sequence of construction by activity, with dates for beginning and completion of each activity listed. 1.04 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of Submittal and projected completion date of each activity. B. Show accumulated percentage of completion of each activity, and total percentage of Work completed as of the Application for Payment date. C. Identify activities modified since previous Submittal, major changes in scope, and other identifiable changes. D. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 6/1/04 Section 01310 120362 Page 1 of 2 16D2 1.05 SUBMITTALS A. Submit preliminary outline schedules within 15 days after date of OWNER - CONTRACTOR Agreement for coordination with OWNER'S requirements. After review, submit detailed schedules within 15 days, modified to accommodate revisions recommended by ENGINEER. B. Submit revised progress schedules''with each Application for Payment. 1.06 SUBMITTAL A. Submit six copies of schedules to ENGINEER. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 BASIS OF PAYMENT A. The cost of the Work specified in this Section shall be included in all the various pay items or Work items described in the schedule, and no separate payment will be made unless a separate pay item is established in the Contract Documents. END OF SECTION 01310 6/1103 SECTION 01310 120362 Page 2 of SECTION 01410 TESTING SERVICES PART1 GENERAL 1.01 SECTION INCLUDES 1602 A. Responsibilities of the CONTRACTOR, OWNER, and Testing Laboratory regarding specified tests. B. Report Specifications. 1.02 SECTION AND PAYMENT A. Unless otherwise stated in the Contract Documents, the OWNER will select and pay for the services of an independent testing laboratory to perform tests required by the Technical Specifications. B. Cost of retests due to failures shall be paid for by the CONTRACTOR in the form of a deduction from the Contract amount. C. Utilization of a testing laboratory shall in no way relieve the CONTRACTOR of any obligation to perform Work in accordance with the requirements of the Contract Documents. 1.03 SCHEDULING TESTS A. The OWNER will furnish the name of the testing laboratory to the CONTRACTOR at the Preconstruction Conference. B. The CONTRACTOR shall be responsible for scheduling each test by notifying the designated laboratory 24 hours prior to the time the test is to be taken. C. The specific requirements including the type and amount of testing shall be in accordance with the Technical Specifications or as otherwise stated in the Contract Documents. D. Ample time shall be allowed for the testing process by the CONTRACTOR, since an extension of time will not be allowed for testing delays or retests due to failures. 1.04 QUALITY ASSURANCE A. All tests shall be performed by qualified personnel under the direction and control of a Professional ENGINEER registered in the State of Florida and specializing in geotechnical or material analysis as applicable. 6/1/03 SECTION 01410 120402 Page 1 of 3 1602 " B. In addition to the tests required by the Contract Documents, the OWNER'S Representative may direct the testing laboratory to take any other tests or material inspections that he feels necessary to achieve the quality of construction that is specified in the Contract Documents. 1.05 LABORATORY RESPONSIBILITIES A. Perform inspection, sampling, and testing in accordance with the Contract Documents. B. Provide qualified personnel to perform all phases of required services and cooperate with OWNER'S Representative and CONTRACTOR in the performance of those services. C. Ascertain compliance of materials and related procedures with requirements of the Contract Documents. D. Promptly notify the CONTRACTOR and the OWNER'S Representative of any irregularities or nonconformance of Work, materials, or product. E. Perform additional inspections or tests requested by the OWNER'S Representative. F. Attend preconstruction conferences and progress meetings. 1.06 LABORATORY REPORTS A. After each inspection or test, promptly submit a laboratory report to the OWNER, the OWNER'S Representative, and the CONTRACTOR. B. The report shall include the following: 1. Date of report. 2. Project title and number. 3. Date, time, and location of each sample extraction or inspection. 4. Identification of material and method of test. 5. Results of tests. 6. Evaluation of conformance to Contract Specifications. 7. Notification of retest requirement due to test failure. 1.07 LIMITS ON TESTING LABORATORY AUTHORITY 611/03 SECTION 01410 120402 Page 2 of 3 1602 A. Laboratory may not release, revoke, or after the requirements of the Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of the CONTRACTOR. D. Laboratory has no authority to stop the Work. 1.08 CONTRACTOR RESPONSIBILITIES A. Submit proposed mix designs and samples of proposed materials to the designated laboratory as required by the Contract Documents or as requested by the OWNER'S Representative. B. Provide access to the site for any tests or inspections. C. Provide labor and facilities to obtain, handle, store, and cure test samples and to facilitate material inspection. D. Cooperate with laboratory personnel to maximize the efficiency of the testing procedure by periodically updating the construction schedule and adhering to the 24 hour advance notice requirement for tests. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 BASIS OF PAYMENT A. In accordance with Article 1.02 SELECTION AND PAYMENT this Section. END OF SECTION 01410 6/1/03 SECTION 01410 120402 Page 3 of 3 16D2 SECTION 01510 TEMPORARY UTILITIES AND CONTROLS PART1 GENERAL 1.01 REQUIREMENTS A. Furnish, install, maintain, and remove temporary utilities required for construction. See other Sections for additional utilities coordination. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with federal, state, and local codes and regulations and with utility company requirements. C. Comply with county health department regulations. PART PRODUCTS 2.01 MATERIALS, GENERAL A. Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. Arrange with utility company and OWNER to provide service required for power and lighting, and pay all costs for service and for power used in the construction, testing, and trial operation prior to final acceptance of the Work by the OWNER as stipulated by the ENGINEER, B. Install circuit and branch wiring with area distribution boxes located so that power and lighting are available throughout the construction by the use of construction type power cords. C. Provide adequate artificial lighting for all areas of Work when natural light is not adequate for Work, and for areas accessible to the public. 2.03 TEMPORARY HEAT AND VENTILATION A. Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials, and to protect materials and finishes from damage due to temperature or humidity. 6/1/03 SECTION 01510 120405 Page 1 of 3 I 6D2 B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. C. Portable heaters shall be standard approved units complete with controls. D. Pay all costs of installation, maintenance, operation and removal, and for fuel consumed. E. Provide connections to existing facilities, extend and supplement with temporary units as required to comply with requirements. Pay all costs of installation, maintenance, operation, and removal. 2.04 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone service company. B. Pay all costs for installation, maintenance and removal, and service charges. 2.05 TEMPORARY WATER A. Provide and pay for all required water for construction and consumptive purposes. B. CONTRACTOR may utilize existing on -site water supply system for water needed for construction purposes. However, all water used shall be coordinated with the utility company. 2.06 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities in compliance with laws and regulations. B. Service, clean, and maintain facilities and enclosures. 2.07 EROSION AND PROPERTY CONTROL A. Flow of drains and sewers maintained: Adequate provisions shall be made for the flow of sewers, drains, and water courses encountered during construction, and the lines and structures which may have been disturbed shall be immediately restored to their original condition at the expense of the CONTRACTOR. B. Property Protection: Trees, grass, fences, signboards, poles and all other property shall be protected unless their removal is authorized: and any property damage shall be satisfactorily restored by the CONTRACTOR and at the expense of the CONTRACTOR. C. Provide all means necessary for prevention, control and abatement of erosion, siltation, and water pollution resulting from construction until final 6!1!03 SECTION 01510 120405 Page 2 of 3 16D2 acceptance by OWNER. Provide for mulching, sodding, sandbagging, berms, slope drains, sedimentation structures, or other devices necessary to meet County, State and Federal regulation. 2.08 CLEANING DURING CONSTRUCTION A. Control accumulation of waste materials and rubbish; periodically dispose of off -site. B. Clean interior areas prior to start of finish Work, maintain areas free of dust and other contaminants during finishing operations. 2.09 CHEMICALS, HAZARDOUS WASTES, AND PETROLEUM PRODUCTS A. All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant, or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions or government regulations as applicable. The CONTRACTOR shall legally dispose of and clean the project site of all chemicals, hazardous wastes, and petroleum products placed or used on the site by the CONTRACTOR. PART 3 EXECUTION 3.01 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required as determined by the ENGINEER. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. END OF SECTION 01510 6/1/03 SECTION 01510 120405 Page 3 of 3 16D2 SECTION 01600 MATERIAL AND EQUIPMENT PART GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Substitutions. F. Systems Demonstration. 1.02 PRODUCTS A. Only new materials and equipment shall be incorporated in the Work. All material and equipment furnished by CONTRACTOR shall be subject to inspection and approved by ENGINEER. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification Section shall be the same, and shall be interchangeable. 1.03 TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 1.04 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather4ight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. 6/1103 SECTION 01600 120406 Page 1 or 3 16D2 B. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with weather -tight enclosure as recommended by manufacturer. Provide ventilation to avoid condensation. C. Store loose granular materials on solid surfaces in a well- drained area. Prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. E. Materials which, in the opinion of the ENGINEER, have become so damaged as to be unfit for the use intended or specified, shall be removed from the site of the Work. CONTRACTOR shall receive no compensation for the damaged material or its removal. 1.05 PRODUCT OPTIONS A. Products specified by reference standards or by description only: Any product meeting those standards. 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. 1.06 SUBSTITUTIONS A. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. B. Request constitutes a representation that CONTRACTOR: 1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. C. 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. 6/1/03 SECTION 01600 120406 Page 2 of 3 1602 D. ENGINEER will determine acceptability of proposed substitution and will notify CONTRACTOR of acceptance or rejection in writing within a reasonable time. 1.07 SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate operation of each system to ENGINEER and OWNER. B. Instruct OWNER'S personnel in operation, adjustment, and maintenance of equipment and systems, using the operation and maintenance data as the basis of instruction. END OF SECTION 01600 6/1/03 SECTION 01600 120406 Page 3 of 3 1602 SECTION 01675 PRECONSTRUCTION VIDEO RECORD PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements for preconstruction color audio video tape. 1.02 SCOPE A. Prior to commencing Work, take a continuous color audio video tape recording along entire length of project to serve as a record of preconstruction conditions. 1.03 APROVAL A. NO CONSTRUCTION SHALL BEGIN prior to review and approval of tapes covering construction area by ENGINEER. ENGINEER shall have authority to reject all or any portion of a video tape not conforming to Specifications and order that it be redone at no additional charge. CONTRACTOR shall reschedule unacceptable coverage within five days after being notified. 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 90 days prior to construction in any area. All tapes and written records shall become property of the OWNER. Prior to taping, there will be a pretaping meeting between ENGINEER, CONTRACTOR and electrographer. 1.04 PROFESSIONAL ELECTROGRAPHERS A. Engage the services of a professional electrographer. Color audio video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio video tape documentation. Information to be furnished by electrographer is names and addresses of two references that electrographer has performed color audio video taping for projects of a similar nature within the last 12 months. PART PRODUCTS 2.01 AUDIO VIDEO TAPES A. Audio video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be high grade, one -half inch, high energy, extended still frame capable, a VHS, color video cassette for a color video cassette recorder. 611/03 SECTION 01675 120408 Page 1 of 3 1602 PART 3 EXECUTION 3.01 EQUIPMENT A. Furnish all equipment, accessories, materials, and labor to perform this service. 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. When conventional wheeled vehicles are used, distance from the camera lens to the ground shall not be more than 12 feet. In some instances, audio video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the ENGINEER. C. Color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal to noise ration of 45 dB and a minimum illumination requirement of 25 foot-candles. 3.02 RECORDED INFORMATION -AUDIO A. Each tape shall begin with current date, project name and OWNER and followed by general location, i.e., name of street, house address, 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 A. 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 lo, project name, contract number, name of street, house address, direction of travel, and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. 3.04 LIGHTING A. Perform all taping during times of good visibility. 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. 611/03 SECTION 01675 120408 Page 2 of 3 1602 3.05 SPEED OF TRAVEL A. Rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 75 feet per minute. Planning, zoom -in and zoom -out rates shall be sufficiently controlled to maintain a clear view of the object. 3.06 AREA OF COVERAGE A. Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs, and headwalls within the area covered. 3.07 METHOD OF MEASUREMENT A. The quantity of preconstruction video record to be paid under this Section shall be by the Lump Sum as provided in the Contract Documents. 3.08 BASIS OF PAYMENT A. The Lump Sum Contract Price for preconstruction video record shall be full compensation for all labor, equipment, materials, or other incidental Work required to complete the Work in this Section. Unless otherwise specified, the Work specified in this Section will only be required when a separate pay item is established in the Contract Documents. END OF SECTION 01675 6/1/03 SECTION 01675 120408 Page 3 of 3 1602 SECTION 01700 CONTRACT CLOSE -OUT PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements and procedures for Contract close -out. 1.02 CLOSE -OUT 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. When ENGINEER finds the Work is acceptable for final acceptance, close- out documents shall be submitted. 1.03 FINAL CLEANING A. Execute prior to final inspections. B. Clean interior and exterior surfaces exposed to view, remove temporary labels, stains, and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. Clean equipment and fixtures to a sanitary condition. Clean or replace filters of mechanical equipment. Clean roofs, gutters, downspouts, and drainage systems. C. Clean site, sweep paved areas, rake clean other surfaces. D. Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site. 6/1103 Section 01700 120414 Pagel o1`2 1602 1.04 PROJECT RECORD DOCUMENTS A. Store documents separate from those used for construction. B. Keep documents current; do not permanently conceal any Work until required information has been recorded. C. At Contract close -out, submit documents with transmittal letter containing date, Project title, CONTRACTOR'S name and address, list of documents, and signature of CONTRACTOR. 1.05 WARRANTIES AND BONDS A. Provide duplicate, notarized copies. Execute CONTRACTOR'S submittals and assemble documents executed by subcontractors, suppliers, and manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover. B. Submit material prior to final application for payment. For equipment put into use with OWNER'S permission during construction, submit within 30 days after first operation. For items of Work delayed materially beyond date of substantial completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.06 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, and maintenance materials in quantities specified in each Section, in addition to that used for construction of Work. Deliver to OWNER and obtain receipt prior to final payment. 1.07 EVIDENCE OF PAYMENT AND RELEASE OF LIENS A. Submit complete and legally effective releases or waivers of all liens filed in connection with the Work in compliance with Contract Documents. 1.08 FINAL APPLICATION FOR PAYMENT A. Submit final application for payment in accordance with procedures and requirements stated in the Contract conditions. END OF SECTION 01700 6/1/03 Section 01700 120414 Page 2 of 2 16D2 SECTION 01730 OPERATION AND MAINTENANCE DATA PART1 GENERAL 1.01 SECTION INCLUDES A. Format and content of manuals. B. Instruction of OWNER'S personnel. C. Schedule of submittals. 1.02 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.03 FORMAT A. Prepare data in the form of an instructional manual. _ B. Binders: Commercial quality, 8'/2 x 11 inch three -ring binders with hardback, cleanable, plastic covers. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of Project, identify subject matter of contents. D. Arrange content by systems under Section numbers and sequence of Table of Contents of this Project Manual. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold large drawings to size of text pages. 1.04 CONTENTS, EACH VOLUME A. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of ENGINEER, subconsultants, and CONTRACTOR with name of responsible parties; schedule of products, and systems, indexed to content of the volume. 6/1103 SECTION 01730 120416 Page 1 of 4 1602 B. For each Product or System: List names, addresses, and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawing: Supplement product data to illustrate relations of component parts of equipment and systems and to show control and flow diagrams. 1.05 MANUAL FOR MATERIALS AND FINISHES A. Building Products, Applied Materials, and Finishes: Include product data, with catalog number, size, composition, and color and texture designations. Provide information for reordering custom manufactured products. B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture Protection and Weather- Exposed Products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional Requirements: As specified in individual product specification Sections. 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications. C. Include color -coded wiring diagrams as installed. D. Operating Procedures: Include start-up, break -in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut down, and emergency instructions. Include summer, winter, and any special operating instructions. 6/1/03 SECTION 01730 120416 Page 2 of 4 1602 E. Maintenance Requirements: Include routine procedures and guide for troubleshooting, disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide CONTRACTOR'S coordination Drawings, with color -coded piping diagrams as installed. L. Provide charts of valve tag numbers with location and function of each valve keyed to flow and control diagrams. W Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. 1.07 INSTRUCTION OF OWNER PERSONNEL A. Before final inspection, instruct OWNER'S designated personnel in operation, adjustment, and maintenance of products, equipment, and systems. A minimum of two man days shall be provided. B. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. C. Prepare and insert additional data in operation and maintenance manual when need for such data becomes apparent during instruction. 1.08 SUBMITTALS A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. ENGINEER will review draft and return one copy with comments. B. For equipment or component parts of equipment put into service during construction and operated by OWNER, submit documents within ten days after acceptance. C. Submit three copies of revised volumes of data in final form within ten days after final inspection. 6/1103 SECTION 01730 120416 Page 3 of 4 16D2 SECTION 02703 (CCUD) TRENCHING AND BACKFILLING (Collier County Utility Division) PART1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of the excavation, bedding, and backfilling of trenches for watermain, storm sewer, sanitary sewer, forcemain, irrigation lines, and utility lines. Also included is the excavation and backfilling of pertinent structures, such as manholes, inlets, pump stations, etc. 1.02 REFERENCES A. Referenced Standards or Specifications such as ASTM, AASHTO, or AWWA, shall be the latest edition. WilsonMiller Specifications Sections: ROCK EXCAVATION CLEARING AND GRUBBING C. Figure A (Page 8 of 8) 1.03 SUPPLEMENTAL REQUIREMENTS A. The requirements in this Section are the minimum for this Project. Any additional requirements stated in the Contract Documents or otherwise specified by the manufacturer or any governmental agency in a permit, code, or ordinance shall take precedence over the requirements of this Section. 1.04 SUBSURFACE CONDITIONS A. The CONTRACTOR shall be responsible for determining the subsurface conditions in areas where excavation can be anticipated. The type of soil, depth and thickness of rock, ground water table, and other factors that affect cost shall be evaluated prior to submitting a bid. B. The method used to determine subsurface conditions shall be the responsibility of the CONTRACTOR. Soil borings (if provided) only supply information in the exact location of each boring; therefore, on -site exploration of the subsurface is the CONTRACTOR'S responsibility. All on -site exploration shall be scheduled with the OWNER and coordinated with jurisdictional agencies and utility companies. SECTION 02703 (CCUD) 6/1/03 Page 1 of 9 119480 1602 1.05 PROTECTION A. All excavated areas or trenches shall be backfilled immediately after Work is completed. Where a hole or trench is left open at the end of a production day or because of some other construction requirement, the entire perimeter of the open hole or trench shall be protected from the workers and the general public by barricades, fence, signs, lights, or other devices required by the Contract Documents and /or local agency installation codes. B. Pavement, sidewalk, driveway, curb and gutter, and other structures shall be protected from damage during excavation wherever possible and as directed in the Contract Documents. PART PRODUCTS 2.01 BEDDING MATERIALS A. Crushed Stone Bedding Material: Crushed, washed, and graded in accordance with ASTM C -33, Gradation 67. B. Sand Bedding: Clean sand, free of clay, sift, debris, roots, vegetation, or rock larger than one -half inch in diameter. 2.02 BACKFILLING MATERIALS A. Select Fill: Materials excavated from the limits of construction or imported that conform to AASHTO Standard M -145, Groups A -1 and A -3 and free of rocks or gravel larger than one -half inch in diameter. B. Common Fill: Material that conforms to AASHTO Standard M -145, Groups A -1, A -2, or A -3, free of rocks or gravel larger than six inches. PART 3 EXECUTION AND ADDITIONAL COLLIER COUNTY UTILITY DIVISION REQUIREMENTS 3.01 PREPARATION A. Investigate existing conditions and identify line and grade stakes as applicable. Arrange for placement of materials required to minimize the duration of open trenches or excavated areas. B. Install well points or other approved methods of dewatering as required so that the discharged water complies with all pertinent ordinances, codes, permits, or requirements of the Contract Documents. C. Implement traffic control and protective devices as may be applicable. 6/1/03 SECTION 02703 (CCUD) 119480 Page 2 of 9 1602 D. For pipelines placed above the natural ground, embankment shall be placed and compacted to an elevation of at least two feet above the top of the pipe and to a width equal to four pipe diameters prior to trench excavation. The minimum side slopes shall be six feet (horizontal) to one foot (vertical). 3.02 CLEARING AND GRUBBING A. Prior to trench excavation, the existing surface that will be disturbed by the excavation operation shall be cleared and grubbed in accordance with WilsonMiller Specification Section 02817 CLEARING AND GRUBBING. B. The limits of clearing and grubbing for this Section shall be as shown on the Plans or as otherwise specified in the Contract Documents. Where the clearing limits are not shown or stated, the limits of clearing and grubbing shall be the smallest area that will facilitate the construction of Work specified. 3.03 TRENCH WIDTH A. Trenches for pipe construction shall be excavated to a width that will provide enough working space next to the pipe and facilitate proper compaction of backfill material around the haunches of the pipe. All such trench excavation shall comply with the manufacturer's recommendations for the type of pipe used. B. Excavation for structures such as manholes, inlets, pump stations, etc, shall be large enough to provide adequate working room. A minimum distance of two feet shall be provided between the outside edge of the structures and the side or wall of the excavation to allow for proper backfilling and compaction. 3.04 EXCAVATION A. All trenches shall be excavated by open cut unless otherwise indicated in the Contract Documents. B. The length of the open cut trench that is excavated ahead of the pipe laying operation shall not exceed one -half of the normal daily production length. The excavation and pipe laying operation shall be coordinated so that all pipe laid in one day is fully backfilled except for the last length of pipe in an unfinished run between structures. 3.05 ROCK EXCAVATION A. Where rock is encountered during the performance of Work specified in this Section, the rock shall be excavated in accordance with WilsonMiller Specifications Section 02715 ROCK EXCAVATION. 3.06 UNSUITABLE MATERIALS 8/1/03 SECTION 02703 (CCUD) 119480 Page 3 of 9 1602 A. Where materials unsuitable for backfilling are encountered during trench excavation, these materials shall be separated from the suitable materials and disposed of off -site or utilized on -site in embankment areas as authorized by the OWNER'S Representative. 3.07 REPLACEMENT MATERIAL A. Where unsuitable material including rock larger than six inches is excavated and hauled off site, replacement material shall be acquired from on -site excavation as provided by the Contract Documents or as authorized by the OWNER. Where replacement material is not available from the site, the CONTRACTOR shall furnish fill material from an off -site borrow source. The OWNER'S Representative may use only materials that conform to Article 2.02 of this Section for backfilling operations unless otherwise specified in the Contract Documents or authorized in writing. 3.08 PREPARATION OF TRENCH BOTTOM A. Where rock is encountered at the bottom of the trench, the trench shall be undercut to a depth of at least six inches below the bottom of the pipe to allow for a bedding cushion above the rock. B. Where muck, roots, or other organic materials are encountered at the bottom of the trench, the trench shall be undercut to remove the unsuitable material to the satisfaction of the OWNER'S Representative. C. The CONTRACTOR shall dewater the excavation operation as required to provide a dry trench bottom. 3.09 BEDDING A. Where the exposed material at the bottom. of the trench meets the requirements of Article 2.01 of this Section, the existing material may be used as bedding, provided it is compacted. B. Where the bottom of the trench has been undercut to remove rock or unsuitable material, the bottom shall be brought up to grade by placing and compacting bedding materials conforming to the requirements of Article 2.01 of this Section. C. In exceptionally wet conditions, the CONTRACTOR may request permission from the OWNER'S Representative to lay the pipe in water. If that request is authorized, the CONTRACTOR shall undercut the existing bottom a minimum of six inches and replace with crushed stone bedding material conforming to Article 2.01A of this Section. This bedding material shall be tamped and consolidated to provide a solid and unyielding base for the pipe. During this operation the CONTRACTOR shall continue the dewatering 6/1/03 SECTION 02703 (CCUD) 119480 Page 4 of 9 16D2 17 process to facilitate adequate installation of the pipe or structure and to permit observation of the process by the OWNER'S Representative. The additional undercut excavation, crushed stone bedding, and other associated costs shall be at the CONTRACTOR'S expense and no extra compensation will be allowed. 3.10 BACKFILLING A. Backfilling of pipe trenches shall be done in three stages as follows: First Stage: Material above the bedding and beneath the haunches compacted in six -inch layers. 2. Second Stage: Material along the sides of the pipe up to at least one foot above the top of the pipe compacted in six -inch layers. 3. Third Stage: Material above the second stage up to the bottom of the subgrade or the finished surface as applicable compacted in 12- inch layers. B. Backfilling of structures shall be done in 12 -inch compacted layers up to the top of the completed or partially completed structure. C. Materials used for backfilling shall comply with the requirements of Article 2.02 of this Section or as otherwise authorized in writing by the OWNER'S Representative. For backfilling of pipe, "Select Fill" shall be used for the First and Second Stages. "Common Fill" shall be used for the Third Stage of pipe backfill and for backfilling structures. 3.11 COMPACTION A. The compaction requirements for backfilling pipe trenches and around structures are listed below under the following two categories. 1. Under Pavement: In a cross - section view this is the area under the pavement and within a 2:1 slope downward from the outside edge of the shoulder or back of curb as applicable. 6/1/03 SECTION 02703 (CCUD) 119480 Page 5 of 9 1602 2. Not Under Pavement: Any area outside the 2:1 slope referred to above. Under Not Under Pavement Pavement Bedding 90% 90% First Stage 90% 90% Second Stage 98% Equal to 90% adjacent soil Third Stage 98% Equal to 90% adjacent soil The above are the minimum percentages of the maximum density determined by the "Modified Proctor Density" (ASTM Of 557). B. The CONTRACTOR shall add water or dry out the material used for backfilling until the moisture content is within two percent of the optimum moisture required to achieve the maximum compaction. C. A density test shall be taken for each 300 -foot section of trench or part thereof for each layer. Each layer shall pass the compaction requirements before the next layer is placed, unless otherwise authorized by the OWNER'S Representative in writing. D. A density test shall be taken for every other layer for each structure. Each test shall pass the minimum compaction requirements before the next layer is placed unless otherwise authorized by the OWNER'S Representative in writing. 3.12 SPECIAL COLLIER COUNTY UTILITY SYSTEM REQUIREMENTS A. Improvements being constructed in areas under jurisdiction of the Collier County Utility Division shall be constructed in accordance with the technical requirements of Collier County Ordinance Number 97 -17 and the Collier County Utility Standards (CCUS). The Specifications in Subsection 3.12 are in addition to those contained elsewhere in this Section 02703 (CCUD). Trenching and Backfilling (Collier County Utility Division). B. Gravity sewer installations shall use Class A bedding per Detail S -2 of the CCUS. C. Bedding Classes A, B, or C, as described in ASTM C- 12 -74, ANSI (ANSI A106.3), or WPCF MOP 9 (ASCE MOP 37) shall be used for all rigid pipe provided the proper strength pipe is used with the specified bedding to support the design bad. 6/1/03 SECTION 02703 (CCUD) 119480 Page 6 of 9 1602 D. Bedding Classes I, II, or III as described in ASTM D2321 (ANSI K- 65.171) shall be used for all flexible pipe provided the proper strength pipe is used with the specified bedding to support the design bad. E. Backfill shall be of a suitable material removed from excavation, except where other material is specified. Backfill material shall consist of earth, loam, sandy clay, sand, gravel, crushed limestone, or other approved material free from debris, large clods or stones, organic material, or other materials, which may be unsuitable. Backfill shall be placed in such a manner as not to disturb the alignment of the pipe as specified by the pipe manufacturer or AWWA, depending on the type of pipe and 'pints utilized. Backfill shall be deposited in six -inch layers and carefully hand tamped to a depth of 12 inches over the top of the pipe. The remainder of the backfill shall be deposited in 12 -inch layers and thoroughly tamped when not under roads, drives, or parking areas. Settling the backfill with water will be permitted. See Detail S -2 in Appendix C of CCUS for typical bedding and backfill standards. Trenching within or across existing or proposed roadways shall be backfilled in 8 -inch layers and compacted to their full depth. Compaction shall be 98 percent modified density in conformance with the latest revision of the Florida D.O.T. Standard Specifications for Road and Bridge Construction and the requirements of the County Public Works Division. The bottom of the trench shall be shaped and hand compacted to provide a firm bedding for the utility pipe barrel and bell end. The pipe shall be firmly bedded in undisturbed firm soil, or hand - shaped unyielding material such as coarse sand, crushed rock passing a'% inch sieve, or crushed shell. The bedding shall be shaped so that the pipe will be in continuous contact therewith for its full length and shall provide a minimum bottom segment support for the pipe equal to a height of '% the nominal diameter of the pipe above invert. Bedding shall be hand compacted prior to backfilling. Unsuitable Soil Conditions: Soil unsuitable for a proper pipe foundation encountered at or below trench grade, such as muck or other deleterious material, shall be removed for the full width of the trench and to the depth required to reach suitable foundation material, unless special design considerations receive prior approval from Collier County. Extra Bedding Material: When rock or other non-cushioning material is encountered at trench grade, excavation shall be extended to six inches below the outside of the bottom of the pipe, and a cushion of sand or suitable crushed rock shall be provided. F. Dewatering: All piping shall be laid in a dry trench excavation, unless otherwise approved by Collier County. Dewatering systems shall lower the groundwater level in advance of the excavation to keep the trench bottom and sides firm and dry. The sewer system under construction shall not be used as a conduit to remove groundwater from the pipe trench. Water pumped or drained from the Work shall be handled in accordance with current South Florida Water Management District and Collier County 6/1/03 SECTION 02703 (CCUD) 119480 Page 7 of 9 1602 Department of Stormwater Management rules, regulations, procedures, and at a minimum in a suitable manner without damage to adjacent property, to Work under construction, or to street pavements, parks, or private property. Water shall not be discharged onto streets without adequate protection of the surface at the point of discharge. No water shall be discharged into a wastewater system. No water containing settlable solids shall be discharged into storm sewers. The CONTRACTOR, at his expense, shall promptly repair any and all damage caused by dewatering. All permits required for dewatering operations shall be obtained by the CONTRACTOR and a copy filed with Collier County. 3.13 BASIS OF PAYMENT A. There shall be no separate payment for any Work defined in this Section except as otherwise specified in the Contract Documents. B. The cost of rock excavation, including blasting, shall be included in the Contract Unit Price for pipe or structures unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specifications Section 02715 ROCK EXCAVATION. 6/1/03 SECTION 02703 (CCUD) 119480 Page 8 of 9 16D2 SECTION 02704 MAINTENANCE OF TRAFFIC PARTI GENERAL 1.01 SCOPE A. Work specified in this Section consists of maintaining traffic within limits the Project for the duration of the construction period, including any temporary suspensions of the Work. It shall include construction and maintenance of any detour facilities, providing of necessary facilities for access to residences, businesses, etc., along the project, furnishing, installing, and maintaining of traffic control and safety devices during construction, control of dust, and any other special requirements for safe and expeditious movement of traffic as may be called for on the Plans. The term, Maintenance of Traffic, as used herein, shall include all of such facilities, devices, and operations as required for the safety and convenience of the public, as well as for minimizing public nuisance; all as specified in this Section. B. Sections Not Requiring Traffic Maintenance: In general, CONTRACTOR will not be required to maintain traffic over those portions of the Project where no Work is to be accomplished, or where construction operations will not affect existing roads. CONTRACTOR, however, shall not obstruct nor create a hazard to any traffic during construction, and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. C. Beginning Date of CONTRACTOR'S Responsibility: The CONTRACTOR'S responsibility for maintenance of traffic shall begin on the day he starts Work on the Project or on the first day Contract time is charged, whichever is earlier. 1.02 SPECIFICATIONS AND STANDARDS A. The Federal Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD), Part VI, is the minimum standard for traffic control for highway construction maintenance and utility operations. It sets forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance, and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workers from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions; and additional traffic control devices, warning devices, barriers or other safety devices will be required where unusual, complex, or particularly hazardous conditions exist. 6/1/03 SECTION 02704 119713 Page 1 of 9 16D2 B. In addition to the MUTCD stated above, more specific criteria are established in the latest edition of the Florida Department of Transportation booklet "Roadway and Traffic Design Standards ". The 600 series of indexes under "Traffic Control Through Work Zones" in this booklet shall govern all traffic control plans "Traffic Control Plans" or safety procedures for this Project. C. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction". PART PRODUCTS 2.01 MATERIALS A. Traffic Control devices shall meet the requirements of Sections 971, 993, 994, 995, and 996 of the "FDOT Standard Specifications for Road and Bridge Construction ", latest edition. PART 3 EXECUTION 3.01 REQUIREMENTS A. Maintenance of Roadway Surfaces: All lanes used for maintenance of traffic, including those on detours and temporary facilities, shall be adequately maintained with a substantial surface under all weather conditions. Lanes shall be kept reasonably free of dust and, when necessary to accomplish this, sprinkled with water or other approved dust palliative applied. Lanes on which traffic is to be maintained shall be constructed of materials compatible to local conditions and provided with drainage facilities necessary to maintain an adequately substantial, relatively smooth riding surface under all weather conditions. B. Number of Traffic Lanes: Except as otherwise specified in the Contract Documents, the CONTRACTOR shall maintain one lane of traffic in each direction. Two lanes of traffic in each direction shall be maintained at existing four (or more) lane crossroads where necessary to avoid undue traffic congestion. Unless otherwise specified, the width of each lane used for maintenance of traffic shall be at least as wide as the traffic lanes existing in the area prior to commencement of construction. Traffic control and warning devices shall not encroach on lanes used for maintenance of traffic. The CONTRACTOR may be allowed to restrict traffic to one -way operation for short periods of time provided that adequate means of traffic control are affected and traffic is not unreasonably delayed. When a construction activity requires restricting traffic to one - travel way, the CONTRACTOR shall provide two flag persons for each restricted location and for the entire 6/1/03 SECTION 02704 119713 Page 2 of 9 16D2 duration of the restriction. The flag persons should have visual contact with each other. When visual contact is not possible, the CONTRACTOR shall equip flaggers with two -way radios, use flag - carrying, official or pilot vehicle(s), or use traffic signals. C. Crossings and Intersections: Adequate accommodations for intersecting and crossing traffic shall be provided and maintained and, except where specified permission is given, no road or street crossing the Project shall be blocked or unduly restricted. Access for Property Owners: The CONTRACTOR shall not isolate property owners from their property. Access shall be provided to all properties whenever construction interferes with the existing means of access. The materials used to provide and maintain these accesses shall be limerock, shell or other approved base material. This material may be purchased from a commercial source or acquired from on -site excavation, such as an existing roadbed that is to be removed, provided the use of such existing materials is approved by the OWNER'S Representative in advance of its use. E. Protection of the Work from Damage by Traffic: Where traffic would be injurious to a base, surface course, or structure, constructed as a part of the Work, all traffic shall be maintained outside the limits of such areas until the potential for damage no longer exists. 3.02 TRAFFIC CONTROL A. Traffic Control Plan: When the Project includes a Traffic Control Plan, the CONTRACTOR shall conform to all requirements of that Plan; or he may submit to the governing government agency an allemative plan or modification to the Plan at the Preconstruction Conference. When the Project does not include a Traffic Control Plan, the CONTRACTOR shall submit to the governing government agency a Plan in accordance with the standards specified in Article 1.02 (in this Section) at the Preconstruction Conference, or as otherwise required by the applicable government agency. In no case may the CONTRACTOR begin Work using a Traffic Control Plan until such Plan has been approved in writing by the applicable governmental agency. Modifications to the Traffic Control Plan that become necessary shall also be approved in writing before implementation. 6/1103 SECTION 02704 119713 Page 3 of 9 1602 The Traffic Control Plan shall indicate conditions and setups for each phase of the CONTRACTOR'S activities in written form along with a Plan view to illustrate the phases of activities and other pertinent details. The Plan shall include the type and location of all signs, lights, barricades, striping, and other applicable warning devices to be used for the safe passage of pedestrians and vehicular traffic through the Project and for the protection of the workers. The CONTRACTOR shall be responsible for performing daily inspections of the equipment and installations on the Project. The inspections shall continue through weekends and holidays, and a periodic inspection of lights and reflective panels shall be performed during the night hours. All equipment and devices not conforming to the approved standards shall be replaced during the inspection period. Regardless of the Traffic Control Plan utilized, it shall be the CONTRACTOR'S responsibility to notify the applicable governmental agency of any condition in the Work zone, which may require modification of the Traffic Control Plan. B. Traffic Control Devices, Warning Devices and Barriers: Installation and Maintenance: The responsibility for installation and maintenance of adequate traffic control devices, warning devices, and barriers for the protection of the traveling public and workers, as well as to safeguard the Work area in general, shall rest with the CONTRACTOR. The required traffic control devices, warning devices, and barriers shall be erected by the CONTRACTOR prior to creation of any hazardous condition and in conjunction with any necessary rerouting of traffic. The CONTRACTOR shall immediately remove, turn, or cover any devices or barriers, which do not apply to existing conditions. The CONTRACTOR shall make the applicable governmental agency aware of any scheduled operation which will affect traffic patterns or safety sufficiently in advance of commencing such operation to permit his review of the Plan for installation of traffic control devices, warning devices, or barriers proposed by the CONTRACTOR. The CONTRACTOR shall assign one of his employees the responsibility of maintaining the position and condition of all traffic control devices, warning devices, and barriers throughout the duration of the Contract. The CONTRACTOR shall supply the applicable governmental agency with the phone number and name of his assigned employee or employees that are available on a 24 -hour basis. Traffic control devices, warning devices, and barriers shall be kept in the correct position, properly directed, clearly visible, and clean, at all times. The CONTRACTOR shall immediately repair damaged, defaced, or dirty devices or barriers, replaced, or cleaned as applicable. Flaggers: The CONTRACTOR shall provide trained flaggers to direct traffic where one -way operation in a single lane is in effect and in other situations 6/1103 SECTION 02704 119713 Page 4 of 9 1602 as may be required by the standards established in Article 1.02 (this Section). Existing Pavement Markings: Where a detour changes the lane use or where normal vehicle paths are altered during construction, all existing pavement markings that will be in conflict with the adjusted vehicle paths shall be removed. Over painting will not be allowed. The removal may be accomplished by any method that will not materially damage the surface texture of the pavement and which will eliminate the previous marking pattern regardless of weather and light conditions. All pavement markings that will be in conflict with "next phase of operations" vehicle paths shall be removed as described above, prior to opening to traffic. No Waiver of Liability: The CONTRACTOR shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this Section, and the procedures and policies described therein shall in no way act as a waiver of any of the terms or of the liability of the CONTRACTOR of his surety. C. Work Zone Pavement Markings: This Work shall consist of furnishing and installing Work zone pavement markings for maintenance of traffic in construction areas in accordance with these Specifications and in reasonably close conformity with the lines and details shown on the Plans or established by the standards in Article 1.02 (this Section). Centerlines, lane lines, edge lines, stop bars and turn arrows in work zones will be required in accordance with Section 6D of the MUTCD with the following additions: 1. Edge lines are required when a paved shoulder four feet or greater in width exists along the edge of a lane. 2. Edge lines will also be required on all detours where vehicle paths are altered from normal operations and where a lane is narrowed from its normal width for any reason. 3. Work zone pavement markings, including arrows and messages, shall be in place prior to the end of the day when the road is open to traffic. 4. Work zone pavement markings will be designated in the Plans or by the OWNER'S Representative or governmental agency as removable or nonremovable. Removable Work zone pavement markings shall consist of materials, which can be taken up by hand without the use of additional equipment such as 6/1/03 SECTION 02704 119713 Page 5 of 9 16D2 y burners, sand blasting, etc. An example of this category of markings is reinforced plastic film (tape). Nonremovable Work zone pavement markings shall consist of any markings that are not classified as removable. Use of removable or nonremovable work zone pavement markings shall be as follows: Application Category Finished Pavement* All stripes representing final pavement markings. Nonremovable All stripes in an area where the traffic pattern will be altered prior to project acceptance. Removable 3. 'All striping representing final markings shall be in the final location unless excepted in writing by the OWNER'S Representative. Intermediate Pavement Course All stripes in areas of pavement which will be covered with a subsequent course of pavement prior to altering of the traffic pattern within such area. Nonremovable 2. All stripes in an area where the traffic pattern will be altered prior to placing of the subsequent paving course within such area. Removable Existing Pavement All stripes in areas of pavement which will be removed or overlayed new pavement prior to altering of the traffic pattern within such area. Nonremovable 2. All stripes in areas of pavement where the traffic pattern will be altered prior to removal or overlaying of such area. Removable At the CONTRACTOR'S option, Removable Pavement Markings may be substituted for Pavement Markings. Where such substitution is made, payment will be made under the bid item for Temporary Pavement Markings. Materials: Paint shall conform to 971 -12.2 and 971 -12.3 as applicable in the "FDOTSPEC ". Glass beads shall conform to 971 -14 in the "FDOTSPEC" except that the percent of rounds shall be at least 75 percent. 6/1/03 SECTION 02704 119713 Page 6 of 9 16D2 Construction Methods: Nonremovable Pavement Markings (Paint or Preformed Pavement Marking Film) placed on the finished pavement surface shall be aligned so as to assure coverage by the permanent traffic stripes. 2. Removable Pavement Markings (Reinforced Plastic Film) placed on the finished pavement surface may vary from the alignment of permanent traffic stripes. 3. All Work zone pavement markings shall be installed in accordance with the manufacturer's recommendations, except that paint shall be applied in accordance with Section 710 of the "FDOTSPEC ". The pavement surface shall be dry at the time of Work zone pavement marking application. All dirt, debris, loose particles, and heavy oil residues shall be removed from the road surface application areas immediately prior to the installation of pavement markings. 4. Removable and Nonremovable Pavement Marking Film shall be applied with a mechanical applicator to provide pavement lines which are neat, accurate, and uniform. The mechanical applicator shall be equipped with a film cut -off device and with measuring devices which automatically and accumulatively measures the length of each line actually placed within an accuracy tolerance of ± 2 percent. Pavement marking films (tape) shall be rolled or tamped to facilitate adhesion to the road surface. Tape may be placed by hand on short sections 500 feet or less provided that it is done in a neat, accurate manner. 5. When removable pavement markings are no longer required, they shall be removed just ahead of the permanent pavement markings. 3.03 DETOURS A. Where Required: CONTRACTOR shall construct and maintain detour it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. The location of all detours will require prior approval of the OWNER. B. Standards of Construction: Detours are to be constructed and maintained in such a manner so they will be capable of carrying traffic required in all conditions of weather. CONTRACTOR shall provide the detour with all facilities necessary to meet this requirement. C. Furnishing of Materials: CONTRACTOR shall provide all materials for the construction and maintenance of all detours, except that where the Plans show a surplus of excavated material, the CONTRACTOR may obtain material from the limits of construction to the extent that the material 611/03 SECTION 02704 119713 Page 7 of 9 16D2 obtained does not exceed the net surplus amount. No separate payment will be made for materials obtained from on -site or off -site to construct detours. D. Construction Methods: In general, requirements of the Specifications pertaining to construction and material details shall not apply to detour construction. CONTRACTOR shall select and use construction methods and materials that will provide a stable and safe detour facility. Supplemented by maintenance, detour facility shall have durability to remain in good condition for the entire period the detour is required. E. Removal of Detours: Unless otherwise indicated in the Plans, temporary detours are to be removed when no longer needed and before the Contract is completed. All materials from the detour will become the property of the CONTRACTOR and are to be disposed of by him, except for materials which might be loaned to the CONTRACTOR by the OWNER with the stipulation they be returned. CONTRACTOR is responsible for restoration of all disturbed areas upon completion of the detours use. 3.04 BASIS OF PAYMENT A. Maintenance of Traffic: Where no separate pay item for Maintenance of Traffic is established in the Contract Documents, the cost of all such Work specified in this Section shall be included in the prices for the other pay items which are included in the Contract and no additional compensation will be allowed. When an item of Maintenance of Traffic is included in the Contract Documents, the Lump Sum Price and payment for such item shall be full compensation for all Work and costs specified in this Section except as may be specifically covered for payment under other items. B. Special Detours: Where no separate pay item for a detour(s) is established in the Contract Documents, the cost of constructing, maintaining, and removing detour facilities as required or specified shall be included in the Maintenance of Traffic pay item (if established) or included in the prices for other pay items which are included in the Contract and no additional compensation will be allowed. When a detour facility is specifically detailed in the Plans or is otherwise described or detailed as a special item, and an item for separate payment is included in the proposal, the Work of constructing, maintaining and subsequently removing such detour facilities will be paid for separately. The Contract Lump Sum Price for each such detour shall be full compensation for providing all detour facilities shown on the Plans and all costs incurred in carrying out all requirements of this Section for general maintenance of 6/1/03 SECTION 02704 119713 Page 8 of 9 16D2 traffic within the limits of the detour, as shown on the Plans. When the Plans show more than one detour, each detour shall be paid for separately at the Lump Sum Price for each. C. Driveway and Business Access: Unless otherwise specified in the Contract Documents, the cost of labor, materials, and equipment required to provide and maintain temporary access to property owners shall be included in the Maintenance of Traffic pay item (if established) or included in the prices for the other pay items which are included in the Contract Documents and no separate payment will be allowed. D. Dust Control: Unless otherwise specified in the Contract Documents, the cost of labor, materials, and equipment required to keep travel lanes reasonable free of dust shall be included in the item of Maintenance of Traffic, Detour, or otherwise shall be incidental to the Contract and no separate payment will be allowed. END OF SECTION 02704 6/1/03 SECTION 02704 119713 Page 9 of 9 16D2 SECTION 02705 RESTORATION AND GENERAL REQUIREMENTS PART1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of restoring existing surfaces or any improvements such as but not limited to pavement, curb and gutter, sidewalk, structures, signs, or landscaping damaged during construction. 1.02 SPECIFICATIONS AND STANDARDS REFERENCE A. Any reference to a supplementary specification or standard such as ASTM, AWWA, AASHTO is intended to be a reference to the latest edition of that specification or standard. B. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction'. C. WilsonMiller Specifications Section: 1. TRENCHING AND BACKFILLING PART PRODUCTS 2.01 MATERIALS A. Flexible Pavement: Comply with requirements of Sections 901, 902, 911, 913, 914, 916, and 917 of the "FDOTSPEC ". B. Concrete Pavement, Driveway, Sidewalk, Curb and Gutter: Comply with requirements of Sections 901, 902, 921, 923, 924, and 925 of the "FDOTSPEC ". C. Grassing: Comply with requirements of Section 981, 982, and 983 of the "FDOTSPEC ". PART 3 EXECUTION 3.01 GENERAL A. Existing property damaged during construction shall be restored to a condition at least equal to the original condition of the property, unless otherwise specified in the Contract Documents. 6/1/03 SECTION 02705 120509 Page 1 of 5 1602 B. Existing roadway or drainage improvements damaged within a roadway or drainage right -of -way or easement shall be restored in accordance with the requirements of the state, county, and city agencies having jurisdiction thereof. 3.02 UNDERGROUND FACILITIES A. Existing underground utilities and drainage systems damaged during construction shall be immediately repaired to the specifications of the owner of the damaged system. Where the utility owner elects to make said repairs under his direction, the CONTRACTOR shall pay for such repair costs directly. B. Where damage to existing underground utilities is anticipated due to unavoidable conflicts, the CONTRACTOR shall construct his Work so as to cause the least amount of interruption of service as possible. 3.03 TRENCHING AND BACKFILLING A. Any trenching and backfilling required to satisfy the requirements of this Section shall be in accordance with Section 02703, TRENCHING AND BACKFILLING. 3.04 PAVEMENT CUTS A. On deadend streets, collector streets, and high traffic streets, trenching and pipe laying shall be performed in such a manner that at least one -way traffic is maintained at all times. B. All trench lines across existing pavements, driveways, sidewalks, curbs, etc. shall be saw cut in straight parallel lines prior to trench excavation. C. CONTRACTOR shall exercise care to minimize amount of pavement, sidewalk, driveways, and curbing to be removed. 3.05 CONCRETE PAVEMENT, CURB, AND GUTTER, ETC. A. Concrete pavement, driveway, sidewalk, and curb and gutter damaged during construction shall be restored to the same dimensions as that removed or as specified in the Contract Documents. All such restoration shall be in accordance with the applicable Sections 345, 350, 520, 522, of "FDOTSPEC ". B. Prior to placing concrete, the subgrade shall be compacted to at least 98 percent of the maximum density determined by the "Modified Proctor Density" (ASTM D- 1557). 6/1103 SECTION 02705 120509 Page 2 of 5 1602 3.06 FLEXIBLE PAVEMENT A. Stabilized subgrade damaged during construction shall be restored in accordance with Section 160 of "FDOTSPEC ". The restored, stabilized subgrade shall have a minimum bearing value of LBR110, and be compacted to at least 98 percent of the maximum density determined by the "Modified Proctor Density" (ASTM D- 1557). B. Limerock or shell base damaged during construction shall be restored in accordance with Sections 200 and 250 respectively of "FDOTSPEC ". The minimum density of the restored base shall be 98 percent of the maximum density determined by the "Modified Proctor Density" (ASTM D- 1557). After completion of the base course, a bituminous prime coat shall be applied in accordance with Section 300 of "FDOTSPEC" when applicable prior to placement of asphalt surface course. C. Asphalt surfaces damaged during construction shall be replaced with a similar surface in accordance with Section 330 of "FDOTSPEC The material used shall be the same type and thickness of that damaged, except that the minimum thickness shall be one inch. In the case of multiple layers, each layer or course of the damaged asphalt surface shall be reconstructed to duplicate the original. 3.07 LANDSCAPING AND MISCELLANEOUS A. Trees and bushes damaged during construction shall be removed and replaced with equal size and type by the CONTRACTOR at his expense unless otherwise specified in the Contract Documents. B. Grassed areas damaged during construction shall be repaired with the same type sod unless otherwise specified in the Contract Documents. C. Sodding and grassing and mulching operations shall begin within a maximum of three weeks after utility installation, except in cases of front and back slopes which shall be done immediately following installation completion. Any yards or part of right -of -way in front of private property that has a grass mat shall be resodded with like sod. CONTRACTOR shall maintain disturbed areas until acceptable vegetation is reestablished. D. Areas without established grass mats in front of vacant lands shall be restored by seeding and mulching. The grass mat shall be restored to the required design or finished grade to permit proper drainage. E. Unimproved areas such as an open field or lot having its surface disturbed during construction shall be graded to duplicate the existing conditions and seeded and mulched unless otherwise specified in the Contract Documents. 611/03 SECTION 02705 120509 Page 3 of 5 1602 Any damage to an existing irrigation system caused by the construction operations shall be repaired by the CONTRACTOR prior to the installation of sod, seed, or other landscaping unless otherwise specified in the Contract Documents. G. Mailboxes, railroad ties, or any other miscellaneous items damaged during construction shall be repaired to the satisfaction of the OWNER'S Representative unless otherwise specified in the Contract Documents. 3.08 DENSITY TESTS A. Density tests shall be performed in accordance with Section 01410 of the Technical Specifications except that the CONTRACTOR shall pay for all tests related to restoration Work. B. Field density tests shall be required for each layer of fill, stabilized subgrade, limerock base, and asphalt surface in accordance with the frequency listed below unless otherwise authorized by the OWNER'S Representative. • Transverse Trench Crossing - one /location/layer • Longitudinal Trench - one /300 LF /layer • Pavement Repair- one /1000 SY /layer C. Concrete shall be tested for slump, air content, and compressive strength every 50 cubic yards for continuous pours. For smaller volume Work, the same tests shall be taken for each separate pour. A minimum of four sample cylinders shall be made when testing for compressive strength. 3.09 GENERAL REQUIREMENTS A. Maintenance of Service - CONTRACTOR shall provide facilities and be responsible for protection of all structures, buildings, and utilities, underground, on the surface, or above ground, against trenching, dewatering, or any other activity connected with Work covered by these modifications of existing utilities. CONTRACTOR shall provide for maintaining continuous water, electric, telephone, gas, sewage, and other utilities to all present customers of such utilities unless approval is obtained in writing from the utility company or OWNER for the interruption of such services. B. Existing Facilities - Underground structures shown on the Plans are according to the best available information, but it shall be the responsibility of the CONTRACTOR to acquaint himself with the exact location and to avoid conflict with all existing facilities. Where underground structures are damaged, they shall be immediately repaired to the specifications of the OWNER of the utility. If the OWNER of the utility elects to make such repairs with his own forces, CONTRACTOR shall make arrangements as to protect the OWNER from all damages. Where such conflicts are unavoidable, every effort shall be made to construct the Work so as to cause 6/1103 SECTION 02705 120509 Page 4 of 5 1602 as little interference as possible with services rendered by the structure disturbed. C. Utility Installation Permits - CONTRACTOR shall obtain necessary permits for construction across public and private property, streets, railroads, telephone lines, power lines, etc. CONTRACTOR shall abide by all rules, regulations and requirements of the OWNER of such property in regard to construction under this Contract, including giving of notices, provisions for inspection, and employment of such methods of construction as may be required. Costs of any permits shall be incidental to construction and reflected in unit price bid. D. Work in State Rights -of -Way - Construction in State rights -of -way shall comply with the "State of Florida Department of Transportation (FDOT) Utility Accommodation Guide ". E. Work in County /City Rights-of-Way - Construction in county /city rights -of- way shall comply with the utility accommodation manual for the agency having jurisdiction. F. Clearing of Excavation Corridor - only items necessary to provide adequate workspace including space for hubs, batter boards, and equipment shall be removed within the right -of -way, easement, or designated construction corridor. Trees, shrubbery, poles, mailboxes, and other items not to be removed shall be protected from damage during construction. When necessary to cut tree roots and branches, such cutting shall be performed with saws in a neat and workmanlike manner. 3.10 BASIS OF PAYMENT A. There shall be no separate payment for any Work defined in this Section. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration unless - otherwise specified in the Contract Documents. Any reference to unit price payment in the "FDOTSPEC" shall not be applicable. END OF SECTION 02705 6/1103 SECTION 02705 120509 Page 5 of 5 1602 SECTION 02706 (CCUD) WATER LINES (Collier County Utility Division) PART1 GENERAL 1.01 SCOPE A. The scope of this Section covers materials and Work necessary for construction, connection, and placing into operation the water distribution system shown on the Plans and herein described and specified. 1.02 SPECIFICATION AND STANDARD REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. B. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING 02705 RESTORATION AND GENERAL REQUIREMENTS 02709 PRESSURE PIPELINE CONSTRUCTION 02715 ROCK EXCAVATION PART PRODUCTS 2.01 MATERIALS A. All pipe shall be designed for a minimum working pressure of 150 psi unless otherwise specified. B. Ductile Iron Pipe - Pipe shall meet the requirements of AWWA C151. Minimum thickness class shall be Class 51 or as specified. Pipe shall be cement lined with a double thickness cement lining and interior seal coated in accordance with AWWA C104. Pipe exterior shall be coated with bituminous coating. C. Polyethylene Wrap - In areas where called for on the Plans, ductile iron pipe shall be polyethylene encased. Polyethylene encasement shall meet the requirements of AWWA C105. D. Polyvinyl Chloride Pipe (PVC) - PVC shall meet requirements of AWWA C900. Minimum thickness class shall be Class 150 (DR 18) unless otherwise shown on the Plans or in the Specifications, except road crossings shall be Class 200 (DR 14 minimum). Pipe bell shall be monolithic and integral to pipe barrel. 6/1/03 SECTION 02706 (CCUD) 120298 Page 1 of 21 16D2 E. Reinforced Concrete Pipe - Reinforced concrete water pipe, limited in size to 16 inch and over, shall be steel cylinder type, prestressed, and meet the requirements of AWWA C301. F. Threaded Steel Pipe - Threaded steel pipe shall be galvanized and furnished with threaded ends, designed in accordance with AWWA C200 Schedule 40. Where coal tar enamel is used as a protective coating, it shall meet the requirements of AWWA C203. G. Fittings and Joints 1. Fittings for Ductile Iron Pipe: Pipe fittings for ductile iron pipe shall be ductile iron, mechanical joint with retainer glands. Fittings shall have a minimum rated working pressure of 250 psi, and conform to AWWA C110 or C153. Fittings shall be double thickness cement lined, interior seal coated, and exterior bituminous coated. 2. Pipe Joints: Pipe joints shall be mechanical or push -on type meeting the requirements of AWWA C111, except where specifically shown or detailed otherwise. Fitting joints shall be mechanical joint with retainer glands except where specifically shown or detailed otherwise. 3. Restrained Joints: Restrained joints, where required, shall be U.S. Pipe "Locktyte" or "Lockfast ", American "Lockfast ", or approved equal. 4. Flange Pipe: Flanged ductile iron pipe shall meet the requirements of AWWA C115. Gaskets shall be full- faced. 5. Vertical Direction Change Fittings: All vertical pipeline changes in directions that require fittings shall be mechanical joint with retainer glands unless otherwise specified or detailed. 6. Fittings for Polyvinyl Chloride (PVC) Water Mains: Pipe fittings for PVC water pipe shall be ductile iron and shall have a minimum rated working pressure of 250 psi. Fittings shall be mechanical 'pint and shall meet the requirements of AWWA C110. Where C900 PVC fittings are available, they shall be utilized. H. Gasket Joint Lubrication CONTRACTOR shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, nontoxic, an inhibitor to bacterial growth, and shall be nondetrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco®) petroleum products, cooking oil, grease, etc.) shall not be used. 6/1/03 SECTION 02706 (CCUD) 120298 Page 2 of 21 1602 Fire Hydrants Fire hydrants, materials, and installation shall conform to specifications of the governing fire department. In general, fire hydrants shall conform to requirements of AWWA Specification C503, "Wet Barrel Fire Hydrants ". They shall have a minimum six - inch connection, two 2 M2 inch hose nozzles, and one 4 'h inch steamer nozzle. All nozzles shall have American National standard hose thread. 2. The hydrant valve shall be 4 % inches minimum (or as modified in Supplemental Technical Specifications) and hydrant lead shall have an auxiliary valve (not bolted to the hydrant) six inches in size or larger, as indicated. Auxiliary valve shall be installed on the lead to all hydrants including those having a breakable feature at the ground line. The pentagonal operating nuts and the cap nuts shall be 1 '/2 inches point to flat. Drain valves for the hydrants shall be omitted. Hydrants shall open counter clockwise and direction of opening shall be cast on the top. Bury length measured from bottom of connecting pipe to the ground line at the hydrant shall be three feet minimum. For unusual depths of water main, bends of offsets shall be used to bring the hydrant to grade. Where this procedure is not feasible, bury length may be increased or special extension sections used. 3. Auxiliary valve shall be attached to the main using anchor tee and valve fittings. The distance from center of pumper nozzle to finished grade shall be 18 inches minimum and 24 inches maximum. Painting shall be in accordance with requirements of the agency having jurisdiction. Fire hydrants shall be clamped to the fitting in the main. Hydrants shall have a sealed bonnet oil reservoir which lubricates internal threaded and bearing surfaces. Hydrants shall be traffic type with breakaway flange construction. CONTRACTOR shall submit manufacturer's details and certified hydrant flow data to ENGINEER for review and approval prior to ordering of materials. Valves - Buried Gate Valves: Four Inch Through Sixteen Inch: a. In general, gate valves four inches in size and larger shall be cast iron body, cast iron gate, and disc with rubber coating, resilient sealing mechanism, nonrising stem, open left (counter clockwise) with two inch square operating nuts. They shall meet the requirements of AWWA C509, and shall bear name of manufacturer and water rating cast into valve body in raised letters. 6/1!03 SECTION 02706 (CCUD) 120298 Page 3 of 21 1602 2. Gate Valves - Less than Four Inch: a. Gate valves under four inches in size shall be as in above or shall be 125 pounds, Bronze Gate Valves conforming to M.S.S. Standard Practice SP -37. They shall be double -disc, non - rising stem, open left (counter clockwise) with operating wheel. Pewter and pot metal operating wheels will not be permitted. Valves shall be of United States manufacture. 3. Butterfly Valves - Greater Than Sixteen Inch: a. Buried service butte" valves shall be of the rubber seat type with enclosed geared operators and integrally cast mechanical joint ends, all in accordance with AWWA C504, Class 150 -B. Valves shall have cast iron body, ductile iron valve disc, Type 304 stainless steel valve shaft, and self - lubricating nylon sleeve type shaft bearings. Valve seats shall be Buna -N, in the body or on disc. b. Operators shall be fully gasketed and oil filled to withstand an external water pressure of 10 psi minimum. A valve position indicator shall be furnished for installation in each valve box. Indicator shall be hermetically sealed for installation inside a cast iron valve box and shall show valve disc position, direction of rotation and number of turns from fully opened to fully closed. Indicator shall be provided by the valve manufacturer, complete. Valves shall be Henry Pratt Company "Groundhog ", Crane "Monarch" with ground level position indicator, or approved equal. 4. Valve Boxes a. Valve boxes shall be telescoping type, cast iron with 5 Y4 inch shaft. The word "WATER" shall be cast into the top of the lid. Extension pieces, if required, shall be manufacturer's standard type for use with valve box. All risers shall be ductile iron. 5. Extension Stems For Valve Operators a. Where depth of the operating nut is more than three feet, operating extension shall be provided to bring the operating nut to a point 18 inches below the surface of the ground or pavement. Extension stem shall be constructed of stainless steel. K. Air and Vacuum Release Valve Assemblies 1. Collier County Utility Division Requirements 6/1103 SECTION 02706 (CCUD) 120298 Page 4 of 21 16D2 a. General - Air valve assembly shall include all Work necessary, including tapping main pipeline, installing service saddle, pedestal housing, and any incidental excavation and backfill as may be required to install the valve, complete. b. Service Saddle - Rockwell International Number 313-double- strap service clamps with AWWA thread corporation stop, tap, and neoprene gaskets. Service clamps shall be adequate for use with the size, type, and class of the water pipe. C. Air and Vacuum Release Valves (1) Air and vacuum release valves shall be constructed to permit the escape of large volumes of air when the line is being filled with water, so that smaller amounts of accumulated air will be released under normal operating conditions, and so that air may reenter the line to break any vacuum caused by the water leaving the line rapidly. Valves shall be designed to operate under working pressures of 150 psi to 225 psi, or as indicated on the Drawings and shall have been tested at a pressure not less than 300 psi. (2) Air and vacuum release valves shall be Empire Specialty Company, Number 945, Combination Series, or approved equal. d. Structure, Frame, and Cover (1) Structures for the air release assemblies shall be square reinforced concrete meeting the dimension and clearance requirements shown on the Drawings. Frame and cover shall be cast iron as required by the Collier County Utility Division. Cover shall be stamped or cast with the word "WATER ". (2) Structure bedding shall be thoroughly compacted upon gravel with six inches minimum clearance above main. Structure shall be offset to enable operator access and maintenance to the valve. (3) The frame shall be securely affixed to the structure. Cover shall not contact street ell in any position. e. Corporation Stop: Ford Number FB -1102 or approved equal. f. Ball Valve: Ford Brass Ball Valve Number B11 -777 or approved equal. 6/1/03 SECTION 02706 (CCUD) 120298 Page 5 of 21 1602 2. Utility Jurisdictions other than Collier County Utility Division a. General — Air valve assembly shall include all Work necessary, including tapping main pipeline, installing service saddle, manhole, and any incidental excavation and backfill as may by required to install the valve, complete. b. Service Saddle — Rockwell International Number 313 double - strap service clamps with AWWA thread corporation stop, tap, and neoprene gaskets. Service clamps shall be adequate for use with the size, type, and class of the water pipe. C. Air and Vacuum Release Valves (1) Air and vacuum release valves shall be constructed to permit the escape of large volumes of air when the line is being filled with water, so that smaller amounts of accumulated air will be released under normal operating conditions, and so that air may reenter the line to break any vacuum caused by the water leaving the line rapidly. Valves shall be designed to operate under working pressures of 150 psi to 225 psi, or as indicated on the Drawings and shall have been tested at a pressure not less than 300 psi. (2) Air and vacuum release valves shall be Empire Specialty Company, Model Number 945, Combination Series, or approved equal. d. Manhole, Ring and Cover (1) Manhole for the air release valve assemblies shall be one or more three -foot lengths of bell and spigot, channel, model, Collier County Water Department, Signature Series, pedestal, housing, P/N SPH 1212 2C10O00W, color dark green. (2) Manhole ring and cover shall be cast iron. The 24 inch manhole ring and cover shall be U.S. Foundry Number 105 with four one inch vent holes or approved equal. Cover and ring shall have machined bearing surfaces. Cover shall have the word "WATER" cast into it. (3) Compact thoroughly pipe zone and bedding for the manhole. Concrete manhole pipe shall be bedded upon gravel in such a manner that it does not rest 6/1103 SECTION 02706 (CCUD) 120298 Page 6 of 21 1602 within eight inches of the crown of the transmission pipeline. Cut concrete pipe as required so finished grade of the manhole conforms to the slope and elevation of adjacent ground. Concrete pipe shall be placed off center and air valve oriented for easy access to valve operator. (4) Manhole ring and cover shall be set in a bed of mortar consisting of one part cement to three parts sand. The ring shall have continuous and uniform bearing on the concrete pipe. Manhole cover shall not contact street ell in any cover position. e. Corporation Stop: Ford Number FB 1102 or approved equal. f. Ball Valve: Ford Brass Ball Valve Number B11 -777 or approved equal. L. Continuous Service Connections (Hot Taps) Continuous service connections (hot taps) of existing in- service pressure mains shall be made where called for on the Plans. Hot taps shall be performed in accordance with requirements of the agency having jurisdiction over the utility system. 2. Valve shall meet all requirements of 2.01 (J)(i). Tapping sleeve shall be stainless steel or ductile iron. 3. Prior to cutting, the installed tapping sleeve and tapping valve shall be pressure tested at 150 psi in accordance with the pressure testing Section of these Specifications. Following the accepted pressure test, the CONTRACTOR shall obtain the utility agency's approval prior to cutting the in- service main. 4. Cutting of existing main shall be made with a tapping machine in excellent operating condition as approved by the utility agency and the ENGINEER. M. Metalicized identification tape shall be buried approximately 12 inches above PVC pipe. Nonmetalicized tape shall be buried approximately 12 inches above ductile iron pipe. Tape width shall be three -inch minimum. Tape colors and imprints shall be as follows: 6/1/03 SECTION 02706 (CCUD) 120298 Page 7 of 21 Imprint Color 1) Caution - Potable Water Line Buried Blue 1602 N. Lead (Mainlines) — All water main pipe fittings, valves, jointing material, and fire hydrants shall comply with AWWA standards and shall contain no more than eight percent (8 %) lead. O. Lead (Service Taps) — All service materials shall meet State plumbing codes and contain no more than eight percent (8 %) lead. All solders and flux shall contain no more than 0.2% lead. PART 3 EXECUTION AND ADDITIONAL COLLIER COUNTY UTILITY DIVISION REQUIREMENTS 3.01 MATERIAL HANDLING A. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the Work, each piece shall be off -loaded near the place where it is to be laid in the trench. 3.02 TRENCHING AND BACKFILLING A. Excavation, bedding, and backfilling of trenches during the construction of water lines shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. 3.03 INSTALLATION A. General All construction shall be performed in strict accordance with the manufacturer's recommendations and shall comply with the applicable articles of WilsonMiller Specifications Section 02709, PRESSURE PIPELINE CONSTRUCTION. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. 2. Only one connection to the existing distribution system will be allowed until after lines have been tested and sterilized in accordance with Specifications. All tie -ins will be accomplished under field inspection of a representative of the OWNER of the utility to which connection is being made. 6/1/03. SECTION 02706 (CCUD) 120298 Page 8 of 21 1602 B. Ductile Iron Pipe 1. Ductile iron pipe shall be installed in accordance with pipe manufacturer's recommendations and in accordance with AWWA C600. Unless otherwise specified, ductile iron pipe shall be installed per laying condition Type 11, AWWA C600. C. PVC Pressure Pipe 1. PVC pressure pipe and appurtenances shall be installed in accordance with the special requirements of the pipe manufacturer. In addition, the pipe installation shall follow The Uni -Bell Pipe Association, "Handbook of PVC Pipe Design and Construction ", AWWA, and the governing utility agency requirements as applicable. 2. PVC pipe spigot ends shall be installed into bell ends so manufacturer's spigot end reference mark is even with the outside edge of the bell. Field cut pipe shall be remarked with a spigot end reference mark in accordance with pipe manufacturer's specifications, or by remarking from a factory marked end of the same pipe diameter. 3. Any service connections, blow -offs, or air - relief ports called for on the Plans shall be made by means of a double -strap tapping saddle or by use of a ductile iron tee and fittings. D. Hydrant drains, flushing devices, air - release valves, manhole chambers containing valves, blow -offs, meters, and other such appurtenances shall not be directly connected to any sanitary or storm sewer. E. Water mains shall be installed no closer than ten feet (outside to outside) to sanitary sewers, storm sewers, force mains and restricted public access reclaimed water mains. F. Water mains shall be installed no closer than three feet (outside to outside) from public access reclaimed water mains. G. Whenever water mains cross any sanitary sewers, storm sewers, force mains, or reclaimed water lines, the water mains cross above such pipelines with a minimum vertical distance of 18 inches between the outside of the water mains and the outside of such pipelines or such crossings shall be arranged so that all pipe joints are equidistant from the point of crossing with no less than 10 feet between any two joints (or, alternatively, the sanitary sewers, storm sewers, force mains, and reclaimed water lines at such crossings are placed in sleeves or encased in concrete to obtain the equivalent of the 10 foot separation between joints). In all cases the minimum cover called for on the Plans shall be maintained. 6/1/03 SECTION 02706 (CCUD) 120298 Page 9 of 21 3.04 HYDROSTATIC TESTS A. After a new water main has been laid and backfilled, it shall be flushed for a sufficient time to replace the water in the main at least twice. All flushing shall be full bore flush. B. Main shall then be pumped to a pressure of 150 psi and all visible leaks stopped by approved methods. A leakage test shall then be conducted at the above pressure. No installation will be accepted by the agency having jurisdiction until the leakage is less than the number of gallons per hour as determined by the formula below. L — S D (P)' +/- 5 psi 133,200 in which L equals the allowable leakage in gallons per hours; S is length of pipe tested in feet; D is the nominal diameter of the pipe in inches; and P is the average test pressure during the leakage test, in pounds per square inch gauge. The test shall be maintained for two hours. Water supplied to the main during the test to maintain required pressure shall be measured by a 5/8 inch meter installed on the discharge side of the test pump, or by pumping from a calibrated container, all in accordance with AWWA C600. All visible leaks shall be repaired regardless of the leakage allowance. 3.05 DISINFECTION A. General Pipelines shall be disinfected before placing in service. Disinfecting procedures shall meet the requirements of AWWA C651 as hereinafter modified or expanded and requirements of any governing agency having jurisdiction. On main breaks, cut -ins, etc., a liberal application of calcium hypochlorite shall be made. B. Flushing Before disinfecting, all foreign matter shall be flushed from the pipeline. Provide hoses, temporary pipes, ditches, etc., as required to dispose of flushing water without damage to adjacent properties. Flushing velocities shall be at least 2.5 fps. For large diameter pipe where it is impractical or impossible to flush the pipe at 2.5 fps velocity, clean the pipeline in place from the inside by brushing and sweeping, then flush the line at a lower velocity. CONTRACTOR shall obtain the governing utility's approval prior to flushing and shall report the gallons used in the flushing operation to the utility department and the ENGINEER. C. Disinfecting Mixture 6/1/03 SECTION 02706 (CCUD) 120298 Page 10 of 21 A 1602 Sterilizing mixture shall be a chlorine -water solution having a free chlorine residual of 40 to 50 ppm. The mixture shall be prepared by injecting: (1) a liquid chlorine gas -water mixture, (2) dry chlorine gas; or (3) a calcium or sodium hypochlorite and water mixture into the pipeline at a measured rate while fresh water is allowed to flow through the pipeline at a measured rate so the chlorine -water solution is of the specified strength. Point of Application Inject the chlorine mixture into the pipeline to be treated at the beginning of the line through a corporation stop or suitable tap in the top of the pipeline. Water from the existing system or other approved source shall be controlled so as to flow slowly into the newly laid pipeline during the application of chlorine. The rate of chlorine mixture flow shall be in such proportion to the rate of water entering the pipe that the combined mixture shall contain 40 to 50 ppm of free available chlorine. Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. Use check valves if necessary. E. Retention Period 1. Treated water shall be retained in the pipeline long enough to destroy all non spore- forming bacteria, 24 hours minimum. At the end of the 24 -hour period, the sterilizing mixture shall have a strength of at least 10 ppm of chlorine. 2. Operate all valves, hydrants, and other appurtenances during disinfection to assure the mixture is dispersed into all parts of the line, including dead ends, new services, and similar areas that otherwise may not receive the treated water. 3. Do not place concentrated quantities of commercial disinfecting agents in the line before it is filled with water. 4. After chlorination, flush the water from the line until the water through the line is equal chemically and bacteriologically to the permanent source of supply. Disposal of Disinfecting Water Dispose of disinfection water in an approved manner_ Do not allow disinfecting water to flow into a waterway without adequate dilution or other satisfactory method of reducing chlorine concentrations to a safe level. 3.06 BACTERIOLOGICAL TESTING 6/1/03 SECTION 02706 (CCUD) 120298 Page 11 of 21 16D2 A. After disinfection and final flushing, water main shall be bacteriologically tested in accordance with AWWA C601, these Specifications, requirements of the State of Florida Department of Environmental Regulation, and the agency having jurisdiction over the water system. B. Bacteriological tests shall be performed by a State of Florida certified laboratory in accordance with "Standard Methods ". Tests shall show an absence of coliform organisms. The tests shah be taken on two consecutive days. The number and locations of the tests shall be designated by the ENGINEER or the utility. At least one sample point shall be established on each main and on each branch. On long runs, additional samples along the length of line will be required as well as at its end. The number of required samples shall conform to the requirements of the utility and the Florida Department of Environmental Regulation. C. CONTRACTOR shall pay for bacteriological testing and shall include the costs in the unit prices. 3.07 ADJUSTING EXISTING STRUCTURES A. Existing valve boxes, fire hydrants, or other similar items within the limits of the proposed Work that do not conform to the finished grade of the proposed pavement, or to the finished grade designated on the Plans, shall be cut down or extended and made to conform to the grade of the new pavement, or to the designated grade of the surface if outside of the proposed pavement area. The materials and construction methods for this Work shall conform to the requirements specified above. 3.08 LOCATOR DISKS AND TAPE A. Locator disks shall be the type that is compatible with the OWNER'S location equipment and approved by the OWNER'S Representative prior to installation. They shall be placed at each end of the conduits installed under the road for future water services or as otherwise specified in the Contract Documents. Tape shall be used over pipe and shall be labeled "potable water". 3.09 RESTORATION A. Existing surfaces or property improvements damaged during the construction of Work specified in this Section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705, RESTORATION AND GENERAL REQUIREMENTS. 6/1/03 SECTION 02706 (CCUD) 120298 Page 12 of 21 16D2 3.10 METHOD OF MEASUREMENT A. The quantities of water lines to be paid for under this Section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the center line of the pipe with no deductions for valves or fittings. B. Valves to be paid for under this Section shall be the number of each size and type of valve, including valve box, satisfactorily installed accordingly to the Contract Documents. C. Fire hydrants to be paid for under this Section shall be the number of hydrant assemblies satisfactorily installed according to the Contract Documents. Each hydrant assembly shall include the hydrant, all fittings, extension, pipe lead, auxiliary valve, valve box and cover, and concrete thrust block as required by the Contract Documents. D. Hot taps to be paid for under this Section shall be the number of hot taps installed complete with tapping sleeve and tapping valve according to the Contract Documents. E. PVC conduits for future water lines shall be paid for as established in the Proposal Section of the Contract Documents. Payment by the linear foot or for each lateral crossing shall include a locator ,disc at each end as an incidental cost to the pay item specified. Other miscellaneous items such as blow -offs and air - release assemblies shall be paid for by the number of each pay item satisfactorily installed according to the Contract Documents. Each item shall include all components as shown in the Plans or stated in the Contract Documents, such as manhole rings, castings, valves, fittings and other appurtenances as applicable. 3.11 SPECIAL COLLIER COUNTY UTILITY SYSTEM REQUIREMENTS A. Improvements being constructed in areas under jurisdiction of the Collier County Utility Division shall be constructed in accordance with the technical requirements of Collier County Ordinance Number 97 -17 and the Collier County Utility Standards (CCUS). The Specifications in Subsection 3.11 are in addition to those contained elsewhere in this Section 02706 (CCUD) Water Lines (Collier County Utility Division). B. All pipe, material, equipment, and appurtenances shall be new, unused, and American made. 6/1/03 SECTION 02706 (CCUD) 120298 Page 13 of 21 1602 C. Water Pipe and Fitting Materials All water lines between four inch and 24 inch shall be constructed of PVC and shall utilize pipe meeting the following specifications, unless a waiver is specifically granted by the Collier County Water Department Director. Water mains larger than 24 inch shall be ductile iron pipe, unless a waiver is specifically granted by the Collier County Water Department Director. D. Ductile Iron Pipe - All ductile iron pipe shall have a minimum thickness conforming to Pressure Class 150, as specified by AWWA C150, latest revision. All pipe shall have a minimum tensile strength of 60 psi, a minimum yield strength of 42,000 psi, and a minimum elongation of 10 percent, as specified by AWWA C151, latest revision. All pipe shall have a double thick cement mortar lining in accordance with AWWA C104, latest revision. Joints for ductile iron pipe shall be either of the slip -on type using a single rubber gasket or mechanical joint type conforming to AWWA C111, latest revision. All fittings shall have a cement mortar lining in accordance with AWWA C104, latest revision All fittings shall be of the mechanical joint type, in conformance with AWWA C111, latest revision. All nuts and bolts shall be high strength, low alloy metal. Pipe restraint shall be as specified in the Collier County Utility Standards. All aerial crossings shall be made using Class 53 flanged pipe and shall be coated on the exterior using a suitable grade of appropriately colored, field applied, epoxy coating. All nuts and bolts used on aerial crossings shall be stainless steel. E. Pipe and Fitting Restraints - Restraint shall be provided for horizontal or vertical alignment changes using Uni- Flange® type collars, epoxy coated, with high strength, low -alloy hardware, EBBA Iron Sales, Inc., Megalug, Uni - Flange®, or Romac Industries, Inc., Grip Ring. Thrust Block shall only be used when the use of mechanical restraints are not feasible. The use of thrust blocks shall require the approval of the Collier County Water Director. F. Polyvinyl Chloride Pipe - All PVC pipe shall conform to the standards of AWWA C900, or AWWA C905, latest revision. All pipe four inches to 12 inches shall be a minimum of Class 150 and meet the requirements of DR 18. Elastomeric gasket rings and bell and spigot construction shall meet the requirements of ASTM F477 and D2122 respectively, latest revision. All pipe four inches to 12 inches installed below paved public and private roadways or parking lot entrance driveway surfaces shall be PVC AWWA C90O Class 200, DR 14 or Pressure Class 250 ductile iron, as specified above. All PVC pipe 16 inches to 24 inches shall be PR 165, DR 25 and shall meet or exceed Uni -Bell B -11. Minimum cover for lines shall be two feet, six inches. Unless otherwise called for on the Drawings, maximum cover shall be four feet, zero inches after final Project grading is completed except when dipping under conflicts, in which case the water line shall be 6/1103 SECTION 02706 (CCUD) 120298 Page 14 of 21 1602 returned to normal depth within 10 feet on either side of the conflict or as soon as possible using a 45 degree fitting. All PVC mains shall be marked with locator tape labeled 'POTABLE WATER ". All PVC pipe used for potable water shall be white or blue in color. G. Pipe Handling, Storage and Installation Pipe handling, storage and installation shall be in conformance with the manufacturer's specifications. Ductile iron pipe installation shall conform to the procedures outlined in "A Guide for the Installation of Ductile Iron Pipe." PVC pipe installation shall conform to the standards specified in UNI -B -3, latest revisions. H. Bedding and Backfill Bedding conditions Type 1 -5, as described in ANS A21.50, latest revisions, shall be used for all ductile iron pipe provided the proper strength pipe is used with the specified bedding to support the design bad. Bedding Classes I, II and III, as described in ASTM D2487, shall be used for all PVC pipe provided the pipe is used with the specified bedding to support the design bad. Backfill shall be of a suitable material removed from excavation except where m other material is specified. Backfill material shall consist of earth, loam, sandy clay, sand, gravel, crushed limestone, or other approved materials free from debris, large clods, or stones, organic material, or other materials which may be unsuitable. Backfill shall be placed in such a manner as not to disturb the alignment of the pipe. In all areas backfill shall be deposited in six -inch layers and carefully hand - tamped to a depth of 12 inches over the top of the pipe. The remainder of the backfill shall be deposited in 12 inch layers and thoroughly tamped. Settling the backfill with water will be permitted. Castings. Gate valve boxes shall be cast iron and be of the adjustable telescopic type manufacture. All risers shall be ductile iron. Flushing Connections All potable water main terminus points shall be quipped with fire hydrant for flushing purposes. Flushing connections shall be attached directly to the end of the main and restrained, as required, to prevent movement in the connection. A line -size gate valve must be provided at the beginning of the restrained, as required, to prevent movement in the connection. A line -size gate valve must be provided at the beginning of the flushing connection. The end of the temporary flushing connection shall be terminated to just below final grade and housed in a standard water meter box, with appropriate 611/03 SECTION 02706 (CCUD) 120298 Page 15 of 21 1602 Kamlock fittings after completion of the flushing procedures and replaced with a fire hydrant after flushing has been completed to create the permanent flushing connection. The flushing /sampling fittings must be located in the meter box to allow flushing or sampling without removal of the box. All full bore flushing shall be completed prior to pressure testing. Fire Hydrants All fire hydrants installed shall be of the break - flange type and meet the requirements of the local fire control district. Hydrant lead -gate valves must be restrained through the use of an anchor tee or with stainless steel rods, nuts, and washers to the line tee. This valve must be located within five (5) feet of the in -line tee supplying the hydrant. All piping between the line tee and the hydrant shall be a C900, DR 18 PVC. All connections and locations for fire hydrants shall meet the requirements of the LDC or NFPA regulations, latest revisions, whichever is more restrictive, and meet the approval of the local fire control district. All fire hydrants shall be a equipped with a cast -in -place concrete break slab (collar). See Detail W -3 in Appendix D for typical hydrant installation standards. All hydrants delivered to a Project that will be conveyed to Collier County shall be painted Federal Safety Yellow. All hydrants installed with respect to new construction shall be clearly marked with a manufacturer date of fabrication. L. Water Service Conduit All building lots and parcels of land within a development on the opposite side of the roadway from a water main, or that do not have an accessible water main fronting the location of the proposed meter location, shall be provided with a means for water service. Accessibility to these lands shall be provided by the installation of water service conduits. Conduits shall be a minimum of three -inch diameter PVC with a minimum cover of 24 inches. Conduits shall extend at least five feet past the edge of pavement, sidewalk, bike path, or any other improvement and shall run from lot corners on one side of the street to a lot corner on the opposite side and be capped and marked with a magnetic marker. Markers shall be 3M marker or approved equal. M. Connections to Existing Facilities Connections to existing facilities shall be installed in accordance with Detail W-4 in Appendix D of the Collier County Utility Standards. This detail shall be used for all connections to existing facilities including hot taps and extensions from existing dead end facilities. A section of pipe shall be inserted in the gap specified in said Detail W-4 to connect the new construction to the existing facilities for the purpose of accomplishing the full bore flush. After completion of the flush, the connections shall be removed. The facilities shall be capped as shown in said Detail W-4 until final connection is permitted by the Collier County Water Department at the 6/1/03 SECTION 02706 (CCUD) 120298 Page 16 of 21 1602 completion of construction and after finalization of all test procedures and bacterial clearance of the new water facilities. Conflict Crossings All storm sewer, irrigation mains and sewage transmission system conflicts with water facilities which must be crossed shall be performed using AWWA C900, Class 200 PVC with ductile iron fittings. All fittings shall be adequately restrained using retainer glands, stainless steel rods, EBAA Iron Sales, Inc., Megalug, Romac Industries, Inc., Grip Ring, or other approved methods of restraint. Transitional fittings, when approved by the Collier County Water Department Director, shall be located as close to the point of conflict as possible. Air - release assemblies shall be provided as specified in paragraph 13.11.0, below. Gradual deflecting in the water line in lieu of using fittings to clear the conflict will not be permitted if cover exceeds four feet, zero inches. A minimum vertical clearance of 18 inches shall be provided between the water main and bottom of conflict. In cases where new water mains cross over existing storm drains the 18 inch minimum clearance requirement may be reduced, upon approval by FDEP, to 12 inches provided a 12 -inch sand cushion is placed between the pipes. When new water mains cross gravity sewer, sewer force mains, or irrigation mains, the 18 -inch minimum shall be maintained. If possible water mains shall not cross under sanitary lines. Where there is no alternative to crossing under sanitary lines, the 18 -inch minimum clearance shall be maintained and the crossing shall be arranged so that the sewer pipe joints and the water pipe joints are equidistant from the point of crossing with not less than 10 feet separation between any two joints. O. Air Release Assemblies Air release assemblies shall be provided throughout the distribution system at high points and on both sides of conflict crossings. In cases where reversal of flow is not expected, the air release assembly shall be provided at high points and on the upstream side of conflict crossings. High points shall be deemed as a deviation of six (6) pipe diameters. Air release valves shall be suitable for use with potable water or treated effluent. An isolating valve shall be provided below the air valve to allow removal of the valve assembly. The entire assembly shall be constructed in accordance with Detail W -5 in Appendix D of the Collier County Utility Standards. For all water mains 14 inchs and smaller an Empire Combinetic, Figure #945, combination air release valve shall be utilized. For water or effluent mains 16 inches and greater, the Design Engineer will specify the air release valve sizing. P. Bacterial Sample Points For the purpose of new potable water main construction, bacterial sampling points shall be positioned at the beginning of each new system, at 1000 foot intervals, and all dead ends unless otherwise directed. These sampling 6/1/03 SECTION 02706 (CCUD) 120298 Page 17 of 21 16D2 facilities will be utilized by Collier County Water Department personnel for water main bacterial clearance procedures. At the completion of the Project permanent sampling points shall remain every 3000 feet or one at the 2/3 point if the line is less than 3000 feet long. All others shall be removed down to the main and properly capped by the CONTRACTOR. The permanent sampling points shall be constructed in accordance with Detail W -6 in Appendix D of the Collier County Utility Standards. At the CONTRACTOR'S discretion, appropriately located fire hydrants may be utilized in lieu of the temporary sampling valves specified above. Under this circumstance, the CONTRACTOR will be solely responsible for maintaining the hydrants in a satisfactory environment for conducting the bacterial testing. Use of the hydrants does not preclude the requirements for permanent sampling points as previously specified. Q. Concrete Collars All gate valve boxes, air release assembly and permanent sample points outside paved surfaces shall be provided with a concrete collar set to finish grade. The collar shall have a minimum thickness of six inches and the outside dimension of the pad and the reinforcement shall be as shown in 316/2005 Detail S -14 of the Collier County Utility Standards. Concrete shall have a minimum compression strength of 3000 psi at 28 days. R. Water Main Encasement The encasement of water mains in concrete shall only be made after review and approval by Collier County. S. Water Meter Installation Unless specified by the Collier County Water Department, all water meters larger than two inches shall be installed above ground. These meters shall be equipped with a backflow preventer installed by the CONTRACTOR at this cost. The type of backflow device utilized shall be as manufactured by Combrco, Febco, Wilkins. All large potable meters will be furnished and installed by the CONTRACTOR. T. Valving Requirements Valves, in sufficient numbers, shall be provided at all intersections and branches to allow zone isolation of distribution areas to limit the impact of line break and service disruption to customers. In -line gate valves shall be provided at no greater than 1000 foot intervals when no other valves exist within internal distribution systems. All gate valves through 20 inch shall be of the resilient seated wedge type, conforming to AWWA C509, latest revision. All valves shall be furnished with valve boxes extending to finished grade. Valve box risers shall be cast iron full depth. PVC risers shall not be used. 611103 SECTION 02706 (CCUD) 120298 Page 18 of 21 -'r F.1 See Detail S -14 in Appendix C of the Collier County Utility Standards for typical valve setting standards. All valves shall be American made. Buried service butterfly valves shall be of the rubber -seat type with enclosed geared operators and integrally cast mechanical joint ends, all in accordance with AWWA C 504, Class 150 -B. Valves shall have cast iron or ductile body, ductile iron valve disc, Type 304 stainless steel valve shaft, and self - lubricating nylon sleeve type shaft bearings. Butterfly operators shall be fully gasketed and oil filled to withstand an external water pressure of 10 psi minimum. A valve position indicator shall be furnished for installation in each valve box. Indicator shall be hermetically sealed for installation inside a cast iron valve box and shall show valve disc position, direction of rotation, and number of turns from fully opened to fully closed. Indicator shall be provided by the valve manufacturer, complete. All valves, gate or butterfly, shall be internally and externally epoxy coated. Testing All meters and backflow devices shall be tested and certified by a Certified Backflow Tester prior to preliminary acceptance and on an annual basis. V. Testing and Clearance Procedures All water facilities shall be subjected to pressure testing and disinfection conforming to the AWWA Standards C600 and C602, latest revision. Temporary meters may be applied for at the Collier County Water Department office between 8:00 a.m. and 5:00 p.m., Monday through Friday, under the conditions provided in Ordinance Number 86 -67 as may be amended from time to time. Temporary meters will be installed for the purpose of supplying construction water to meet the County requirement for new water line construction as listed below and require a minimum of 48 hours advanced notice. All backflow devices shall be reduced pressure type and shall be certified in accordance with the Collier County Utility Standards. 3. Temporary meters will be installed by County personnel as depicted in Detail W-4 of the Collier County Utility Standards. W. Line Filling Lines under construction will be filled utilizing water supplied by the temporary meter and will be performed by the CONTRACTOR. All lines 12 inches and larger shall be pigged to clear debris prior to full bore flushing. X. Full Bore Flush 6/1/03 SECTION 02706 (CCUD) 120298 Page 19 of 21 16D2 Full bore flush will be performed by Collier County Water Distribution personnel at all times. During full bore flushing the CONTRACTOR will be permitted to install a spool piece to close the gap illustrated in Detail W-0 of the Collier County Utility Standards. Upon completion of the flushing, connection to the County's facilities shall be returned to the configuration shown in Detail W-4 of the Collier County Utility Standards. Y. Chlorination Line chlorination will be performed utilizing water supplied by the temporary meter to supply water for the purpose of chlorinating newly constructed potable water lines. This procedure will be performed by the CONTRACTOR, and requires 48 hour written notice to Water Department prior to performance. Z. Post Chlorination Flushes Post chlorination flushes shall be performed by the CONTRACTOR. All chlorine injected into the system for disinfection shall be flushed from the system at least 24 hours prior to the collection of bacteriological samples. AA. Bacteriologicals. Bacteriological sample collection will be performed using the water supplied by the temporary meter for supplying pressure during sample collection of newly constructed potable water lines. This procedure will require written notice a minimum of two days prior to performance. These procedures are to be performed on Monday through Thursday, unless otherwise directed by Collier County Water Operations. Under no circumstances shall any person other than an authorized County Water Utilities Department employee operate valves, make service taps, or tamper with County distribution facilities. BB. Laboratory Testing and Sample Collection All potable water facilities shall be subject to bacteriological sample collection and testing as required by State law. Sample collection shall be by Collier County certified laboratory technicians only. The CONTRACTOR or his agent shall provide the equipment required to supply a continuous sample at the points. Sample points having one day total of 200 noncoliform bacteria or greater will be considered as failed samples. Samples containing one coliform bacterial or greater will be considered as a failed sample. All potable water facilities shall pass bacteriological tests within 15 days of being placed in service for transmission lines and 30 days of being placed in service for distribution lines. 6/1/03 SECTION 02706 (CCUD) 120298 Page 20 of 21 •�J 3.12 BASIS OF PAYMENT A. The quantities, determined by the methods described above, shall be paid for at the Contract Unit Prices established for each pay item or as part of the Contract Lump Sum, in accordance with the Proposal. Such payment shall constitute full compensation for all Work specified in this Section including all labor, materials, equipment, and other incidental costs required to construct the Work defined in this Section. B. Unless otherwise specified in the Contract Documents, any fittings that are required to maintain horizontal and vertical alignment shall not be paid for separately. The cost of any such fitting shall be included in the Contract Unit Price for the water line to which the fitting is connected. C. Unless otherwise specified in the Contract Documents, restoration Work shall not be paid for separately. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration. D. The cost of rock excavation, including blasting, shall be included in the Contract Unit Price per foot for pipe unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specification Section 02715 ROCK EXCAVATION. END OF SECTION 02706 6/1/03 SECTION 02706 (CCUD) 120298 Page 21 of 21 1602 SECTION 02707 STORM SEWERS AND PIPE CULVERTS PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of fumishing and installing a storm drainage system with all the component parts specified in the Contract Documents. Included are storm sewers, pipe culverts, manholes, crossing boxes, inlets, catch basins, pipe end treatments, restoration, and other similar items defined in this Section. 1.02 SCIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. B. WilsonMiller specifications Sections: 02703 TRENCHING AND BACKFILLING 02705 RESTORATION AND GENERAL REQUIREMENTS 02715 ROCK EXCAVATION C. All references to "FDOTSPEC" shall mean the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ". D. All references to "FDOT Index Book" shall mean the latest edition of the "FDOT Roadway and Traffic Design Standards ". 1.03 CUT SHEETS A. Prior to pipeline construction, cut sheets shall be prepared for each pipe run by the responsible entity which stakes out the pipeline for construction. These cut sheets shall be prepared based on pipe installation utilizing laser equipment. Four copies of the cut sheets shall be submitted to the ENGINEER for review. Upon review by the ENGINEER, two copies of the cut sheets will be provided to the CONTRACTOR. PART PRODUCTS 2.01 CORRUGATED ALUMINUM ALLOY CULVERTS A. Aluminum alloy culvert pipe shall meet requirements of Section 945, "FDOTSPEC ". Where bituminous coated aluminum pipe is specified, 611/03 SECTION 02707 119757 Page i of 10 1602 bituminous coating shall meet requirements of AASHTO M190, for Type A, (Fully Bituminous Coated). 2.02 CORRUGATED STEEL PIPE AND PIPE ARCH A. Corrugated steel pipe, including round culvert pipe, pipe arch and under - drain, and coupling bands for each type, shall conform to requirements of Section 943, "FDOTSPEC ". Corrugated steel pipe shall be bituminous coated, both sides, in accordance with requirements of AASHTO M190, Type A, (Fully Bituminous Coated). 2.03 REINFORCED CONCRETE PIPE A. Reinforced concrete pipe materials shall conform to Section 941, "FDOTSPEC ". B. Reinforced Concrete Pipe (Round) - Unless otherwise specified, reinforced concrete pipe shall meet the requirements of ASTM Designation C 76, "Standard Specification for Reinforced Concrete Pipe ", Class III, Wall Thickness B. Lifting holes will not be permitted in pipe. CONTRACTOR shall only use pipe pint lubricants supplied by or recommended by pipe manufacturer. Lubricant shall be water soluble, nontoxic, and inhibitor to bacterial growth, and shall be nondetrimental to the elastromeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco® cooking oil, grease, etc.) shall not be used. Joints for round reinforced concrete pipe shall be made by use of O -ring, round synthetic rubber gaskets meeting the requirements of Sections 430 -7 and 942 -1, "FDOTSPEC ". C. Reinforced Concrete Pipe (Elliptical) - Elliptical concrete pipe shall meet the requirements of ASTM C507, except exceptions and modifications to ASTM C76, as specified in Section 941 -1.3, "FDOTSPEC" shall apply also to elliptical pipe. Standard elliptical pipe shall meet requirements of Table I for Class HE -III and special elliptical pipe shall meet requirements of Table I for Class HE -IV. Lifting holes will not be permitted in pipe. D. Reinforced Concrete Pipe (Arch Pipe) - Arch concrete pipe shall meet the requirements of ASTM C506, except exceptions and modifications to ASTM C76, as specified in 941 -1.3., "FDOTSPEC" shall apply where applicable to arch pipe. Lifting holes will not be permitted in pipe. E. Joints for Elliptical and Arch Concrete Pipe - Field joints for elliptical and arch concrete pipe shall be made with a preformed plastic gasket material. Gasket material shall meet the requirements of Section 942 -2, "FDOTSPEC ". Material shall be Ram -Nek as manufactured by K.T. Snyder Co. or approved equal. 6/1/03 SECTION 02707 119757 Page 2 of 10 1602 2.04 CORRUGATED POLYETHYLENE PIPE A. Corrugated polyethylene pipe shall meet the requirements of AASHTO M294 specification, except size range shall be expanded through 36 inch diameter. Minimum pipe values shall be as follows: DIAMETER INTERIOR PIPE STIFFNESS N FACTOR 12" Smooth 45 psi .012 15" Smooth 42 psi .012 18" Smooth 40 psi .012 24" Smooth 34 psi .012 30" Smooth 28 psi .012 36" Smooth 22 psi .012 2.05 MORTAR, BRICK, AND REINFORCING BARS A. Mortar used for constructing and plastering manholes, catch basins, drop inlets and junction boxes shall meet the requirements of ASTM Specification Serial Designation C -270. CONTRACTOR shall use either a Portland cement- hydrated lime mixture cement or a Portland cement mixture with masonry cement added for improved workability. However, the same materials must be used throughout the Project. Mortar materials shall be proportioned by volume and shall be as follows: One (1) part Type I Portland Cement - ASTM C150 Three (3) parts Aggregate (sand) - ASTM C144 Addition of masonry cement, ASTM C91 will be permitted to improve workability of mortar. B. Brick used in construction of manholes, catch basins, drop inlets, and I unction boxes shall be Portland cement concrete meeting the requirements of ASTM Serial Designation C55, Grade P II. C. All bars shall be deformed reinforcing steel and shall meet the requirements of "Specifications for Billet -Steel Bars for Concrete Reinforcement" (ASTM A15), and to "Specifications for Deformation on Deformed Steel Bars" (ASTM A305) for concrete reinforcement. All bars shall be lapped and placed in accordance with ACI Requirements and Specifications. 2.06 CONCRETE FOR STRUCTURES A. Work specified in this Section shall consist of furnishing all concrete, reinforcing steel, ties, forms, labor, materials, and placing of all embedded pipe sleeves, fixtures, joist anchors, etc., necessary to complete the Work shown on the Plans and specified herein, all in accordance with the "Southern 6/1/03 SECTION 02707 119757 Page 3 of 10 1602 Building Code and the American Concrete Institute Building Code Requirements for Reinforced Concrete" (ACI 318). B. Transit or Ready -Mixed Concrete - Transit or ready -mixed concrete may be used provided it conforms to the strength and tests herein described and further provided that the central plant producing the concrete, equipment, and transporting of it are, in the opinion of the ENGINEER, suitable for production and transportation of the specified concrete. All concrete shall develop 3,000 psi compressive strength in 28 days. Coarse aggregate shall be no smaller than one -half inch (1/2 ") diameter. C. Admixtures - Admixtures for air entrainment in concrete are permitted as long as specified strength and quality is obtained and unless the admixture seems to be giving abnormal field results as evidenced by erratic or excessive air content or low strength. No other admixtures of any type will be permitted without written approval of ENGINEER. A. IRON CASTINGS A. Castings shall meet the requirements of ASTM Specification A48 for Class 30 Grey Iron. They shall be cast in a closed mold with controlled sand and be true to pattern. Castings shall be free from blow holes and porosity, well- cleaned, with fine and sharp edges ground smooth. All circular frames and covers shall have machined (on lathe) bearing surfaces to prevent rattling under traffic. All covers shall have a concealed type pickhole (nonpenetrating), and shall have the words "STORM SEWER" cast thereon. All square and rectangular frames, covers, and grates shall be individually fitted as sets and installed as sets in the field. All castings shall be as manufactured by United States Foundry and Manufacturing Corporation, with Drawing numbers as shown on the Plans, or approved equal. Upon request of ENGINEER, manufacturer shall also furnish an independent testing laboratory's report of castings supplied. Frame and cover surfaces shall be machined and any tendency to rattle, as determined by tests before or after installation, will be sufficient cause for rejection of frame and cover. 2.08 CROSSING BOXES (CONFLICT BOXES) A. Crossing boxes shall be constructed at the location and depth indicated on the Plans and in accordance with details shown. Crossing boxes shall have inverts with at least one foot clearance between conflicting pipe and bottom of structure or as shown on the Plans. They may be constructed of concrete or brick with top surface plastered. PART 3 EXECUTION A. GENERAL 6/1/03 SECTION 02707 119757 Page 4 of 10 16D-::� A. Pipe and structures shall be constructed at the location and elevations specified on the Plans and in accordance with the details specified in the Contract Documents. 3.02 TRENCHING AND BACKFILLING A. Excavation, bedding, and backfilling of trenches during the construction of a storm drainage system shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. 3.03 MATERIAL HANDLING B. Pipe and accessories shall be loaded and unloaded by lifting with hoists or kidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the Work, each piece shall be off -loaded near the place where it is to be laid in the trench. 3.04 PIPE LAYING A. In general, corrugated metal pipe shall be installed in accordance with the "Handbook for Steel Drainage and Highway Construction Products ", published by the American Iron and Steel Institute. In general, concrete pipe shall be installed in accordance with the "Concrete Pipe Installation Manual ", published by the American Concrete Pipe Association. B. Laying of pipe in finished trenches shall be commenced at the lowest point and shall progress up grade. All pipes shall be carefully laid, true to the lines and grades given, with hubs up grade and tongue end fully entered into the hub. When pipe with quadrant reinforcement, or circular pipe with elliptical reinforcement is used, pipe shall be installed in a position such that manufacturer's marks designating "top" and "bottom" of the pipe shall not be more than five degrees from the vertical plane through the longitudinal axis of the pipe. Any pipe that is not in true alignment or which shows any settlement after laying shall be taken up and re -laid without additional compensation. Pipe and joints shall be kept clean at all times. 3.05 SAND CEMENT RIP RAP A. Where the Plans and Specifications call for sand cement bag, construction bags shall be made of burlap. Paper bags will not be permitted. 3.06 PIPE END TREATMENTS A. Where storm drains connect to a lake, location of the headwall or end section shown on the Plans shall be adjusted to fit the slope of the lake bank. Length of pipe at each end treatment shall be adjusted accordingly, and the quantity 6/1103 SECTION 02707 119757 Page 5 of 10 1602 of pipe paid for shall be the actual length installed. Headwall shall be constructed so top of the headwall will intersect the designed location and slope of the lake bank. If mitered ends are called for on the Plans, mitered end section shall be constructed so that the top of the pipe end will match and intersect the designed slope of the lake bank, and the concrete collar slope shall conform to the mitered end detail. C. Storm drainage CONTRACTOR and lake excavation CONTRACTOR shall coordinate the location and installation of the headwall or mitered end section to be constructed at the lake bank. All "field adjustments" to end treatment location or elevation shall be approved by the ENGINEER of Record prior to construction. 3.07 JOINING ELLIPTICAL AND ARCH CONCRETE PIPE A. Joint Design - Pipe manufacturer shall furnish the ENGINEER with details in regard to configuration of the joint and the amount of gasket material required to effect a satisfactory seal. Joint surfaces which are to be in contact with the gasket material shall not be brushed or wiped with a cement slurry. Minor voids may be filled with cement slurry provided that all excess cement slurry is removed from the joint surface at the point of manufacture. B. Primer - Prior to application of gasket material, a primer of the type recommended by the manufacturer of the gasket material shall be applied to all joint surfaces which are to be in contact with the gasket material. The surface to be primed shall be thoroughly cleaned and dry when primer is applied. C. Application of Gasket - Prior to placing a section of pipe in the trench, gasket material shall be applied to form a continuous gasket around the entire circumference of the leading edge of the tongue. The paper wrapper on the exterior surface of the gasket materials shall be left in place until immediately prior to joining of sections. The gasket material shall be checked to assure it is bonded to the joint surface immediately prior to placing a joint in the trench. Plastic gasket material shall be applied only to surfaces which are dry. A hand heating device shall be kept at the job site to dry joint surfaces immediately before application of the plastic gasket material. When the atmospheric temperature is below 60EF, plastic joint seal gaskets shall either be stored in an area warmed to above 70EF or artificially warmed to this temperature in a manner satisfactory to the ENGINEER. D. Installation of Elliptical and Arch Concrete Pipe - Handling of a section of pipe after the gasket material has been affixed shall be carefully controlled to avoid displacement of gaskets or contamination of gasket material with dirt or other foreign material. Any gasket displaced or contaminated in handling 6/1/03 SECTION 02707 119757 Page 6 of 10 1602 of the pipe shall be removed and repositioned or replaced as directed. Pipe shall be installed in a dry trench. The bottom of the trench shall be carefully shaped so as to minimize the need for realignment of sections of pipe after they are placed in the trench. Care shall be taken to properly align each section of pipe to the gaskets coming into contact. Realignment of a joint after the gaskets come into contact tends to reduce the effectiveness of the seal and shall be held to a minimum. When pipes are joined, the entire joint shall be filled with gasket material and there shall be evidence of squeeze out of gasket material for the entire internal and external circumference of the joint. Excess material on the interior of the pipe shall be trimmed to provide a smooth interior surface. After the pipe is in its final position, joint shall be carefully examined to determine the gasket material is satisfactorily adhering to all surfaces of the joint and the entire joint is filled with gasket material. If a I oint is defective, the leading section of pipe shall be removed and the joint resealed. In addition to the required gasketed joint, a filter fabric jacket shall be included. The filter fabric jacket shall conform to FDOT Miscellaneous Drainage Detail Index No. 280, Sheet 1. 3.08 INSTALLATION OF CORRUGATED POLYETHYLENE PIPE A. Pipe shall be joined by split corrugated couplings at least seven corrugations wide and exceeding soil tightness requirements of the AASHTO "Standard Specifications for Highway Bridges ", Section 23 (2.23.2). Unless otherwise specified by the ENGINEER, a mastic type gasket shall be utilized. Pipes and accessories shall be unloaded by using skidways, hoists, or dropping on nonpaved areas in a manner that does not damage the pipe. C. Pipe shall be installed in accordance with ASTM 2321 Specifications. 3.09 PLACING OF CONCRETE FOR STRUCTURES A. Concrete shall be deposited in clean, wet form as nearly as practicable in its final position to avoid segregation. Concrete placing shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the spaces between the bars. Concreting shall be a continuous operation until the panel or section is completed. Beams and slabs shall be poured monolithically unless shown otherwise on the Plans. All structural concrete shall be mechanically vibrated. No concrete shall be allowed a free fall of more than four feet or allowed to strike against a vertical or inclined surface or reinforcement above point of deposit. Placing by means of pumping may be allowed, contingent upon the adequacy of the equipment for this particular Work. The operation of the 6/1/03 SECTION 02707 119757 Page 7 of 10 16D2 pump shall be such that a continuous stream of concrete without air pockets is produced. C. Placing of concrete shall be so regulated the pressure caused by wet concrete shall not exceed that used in the design of the forms. After the concrete has taken its initial set, care shall be exercised to avoid jarring the forms or placing any strain on the ends of projecting reinforcement. D. Joints between the junction box and manhole walls and incoming and outgoing pipes shall be sealed with Portland cement mortar to form a watertight joint. All pipes in manholes or catch basins shall be sawed off flush with the inside face of the structure, and sawed ends of these pipes shall be grouted with Portland cement mortar to a smooth, uniform covering with no steel exposed. 3.10 CLEANING AND FLUSHING A. Prior to other tests, storm sewer lines shall be cleaned and flushed with a sewer cleaning ball or high velocity jet. 3.11 INFILTRATION TEST A. After completion, storm sewers shall be tested for accuracy in alignment and gradient as herein specified. Gravity sewers will also be tested or gauged to determine the amount of infiltration into or exfiltration out of the sewers, with a maximum limit of two hundred (200) gallons per inch of diameter per day per mile of pipe. 3.12 FINAL INSPECTION OF STORM WATER SYSTEM A. Each sewer upon completion, or at such time as the ENGINEER may direct, is to be cleaned, tested, and inspected. All repairs or alterations shown necessary by these tests shall be made, all broken or cracked pipe removed, all excessive infiltration or exfiltration corrected, all deposits in pipe and manholes removed, and the sewer left clean, true to line and grade, and ready for use. Each section of pipe from manhole to manhole is to show a full circle of light from either end. Each manhole shall be to the specified form and size, to the proper depth, and watertight. 3.13 ADJUSTING EXISTING STRUCTURES A. Existing manholes, catch basins, inlets, crossing boxes, monument boxes, etc., within the limits of the proposed Work, that do not conform to the finished grade of the proposed pavement, or to the finished grade designated on the Plans for such structures, shall be cut down or extended, and made to conform to the grade of the new pavement, or to the designated grade of the structure if outside of the proposed pavement area. 6/1103 SECTION 02707 119757 Page 8 of 10 1602 The materials and construction methods for this Work shall conform to the requirements specified above. Where manholes are to be raised, the adjustment may, at the CONTRACTOR'S option, be made by the use of adjustable extension rings of the type which do not require the removal of the existing manhole frame. The extension device shall provide positive locking action and shall permit adjustment in height as well as diameter. The particular type of device used shall meet the approval of the ENGINEER. 3.14 RESTORATION A. Existing surfaces or property improvements damaged during the construction of Work specified in this Section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705 RESTORATION AND GENERAL REQUIREMENTS. 3.15 METHOD OF MEASUREMENT A. The quantities of storm sewer and pipe culvert to be paid for under this Section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe with no deductions for manholes, inlets, crossing boxes, or catch basins. For pipe other than the main line where the pipe connects to a manhole, inlet, crossing box, or catch basin, the measurement of the pipe shall extend to the center of the applicable structure. 2. Where a pipe terminates with a mitered end section, the measurement of the pipe shall be in accordance with Index No. 272 or 273 of the FDOT "Index Box". 3. Where a pipe terminates with a headwall, endwall, or other end treatment, except the above mentioned mitered end, the measurement of the pipe shall extend to the end of the pipe. This method also applies where pipe connects to a control structure, weir, or cast in place structures. B. The quantities for manholes, inlets, crossing boxes, and mitered end sections paid for under this Section shall be the number of the various types and sizes satisfactorily completed according to the Contract Documents. Where the pay item description for a manhole (as defined in the Proposal Section of the Contract Documents) specifies a depth, the depth shall be measured from the top of the frame and cover to the invert elevation as shown on the Plans. 6/1/03 SECTION 02707 119757 Page 9 of 10 16D2 2. The quantities for headwalls, endwalls, control structures, weirs, or other similar structures shall be either by the volume of concrete or the number of the various types and sizes of structures satisfactorily completed. The method used will be defined in the Proposal Section of the Contract Documents. If the volume method is used, the quantity shall be in cubic yards based on the volume of concrete as calculated in the Plan details. C. The quantities of existing structure adjustment to be paid for under this Section shall be the number of existing manholes, inlets, crossing boxes, or other similar structure satisfactorily adjusted, unless otherwise specified. 3.16 BASIS OF PAYMENT A. The quantities, determined by the methods described above, shall be paid for at the Contract Unit Prices established for each pay item. Such payment shall constitute full compensation for all Work specified in this Section including all labor, materials, equipment, and other incidental costs required to construct the Work defined in this Section. B. Unless otherwise specified in the Contract Documents, restoration Work shall not be paid for separately. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration. C. The cost of rock excavation including blasting shall be included in the Contract Unit Price for pipe or structure unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specification Section 02715 ROCK EXCAVATION. D. Where headwalls, control structures, and other cast in place structures are paid by the cubic yard of concrete required, the Contract Unit Price for concrete shall include the cost of reinforcing steel unless reinforcing steel is established as a separate pay item to be paid by the pound. END OF SECTION 02707 6/1/03 SECTION 02707 119757 Page 10 of 10 16D2 16D2 SECTION 02708 (CCUD) GRAVITY SANITARY SEWERS (Collier County Utility Division) PART GENERAL 1.01 SCOPE A. The scope of this Section is to cover materials and methods of performing Work necessary for construction and placing in operation gravity sanitary sewers shown on the Plans and herein described and specified. Sanitary sewer systems covered under these Specifications comprise lines, laterals, mains, trunk sewers, service wyes, fittings, manholes, pavement, sidewalk, curb repair, supports, sheeting, and other Work necessary to complete the system in full accordance with the Plans and Specifications. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be the latest edition. B. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING 02705 RESTORATION AND GENERAL REQUIREMENTS 02715 ROCK EXCAVATION 02731 TELEVISION INSPECTION (GRAVITY SEWER) 1.03 CUT SHEETS A. Prior to pipeline construction, cut sheets shall be prepared for each pipe run by the responsible entity that stakes out the pipeline for construction. These cut sheets shall be prepared based on pipe installation utilizing laser equipment. Four copies of the cut sheets shall be submitted to ENGINEER for review. Upon review by the ENGINEER, two copies of the cut sheets will be provided to the CONTRACTOR. PART2 PRODUCTS 2.01 MANHOLE CONSTRUCTION A. Precast Manholes 1. All manholes shall be precast concrete unless otherwise approved by the jurisdictional utility company. 2. Base and first section of manhole barrel shall be an integral cast. Minimum base reinforcing shall be Number 4 at 12 inches each way for 6/1/03 SECTION 02708 (CCUD) 120219 Page 1 of 16 16DIe four -foot I.D. manholes, and Number 6 at nine inches each way for five - foot and six foot I.D. manholes. Base slab shall have four equally spaced lifting lugs. 3. Straight barrel sections shall be reinforced to meet the requirements of ASTM C478. Minimum wall thickness shall be eight inches. 4. Joints shall be tongue- and - groove sealed with round or other flexible type natural rubber joint rings or by a flexible bitumastic sealing material equal to Ram -Nek as manufactured by R. K. Snyder and Co. In addition to the rubber ring gaskets, interior and exterior voids in pipe joints shall be sealed with a flexible plastic gasket installed in strict accordance with the manufacturers printed instructions. The manhole manufacturer shall provide rubber joint rings and flexible plastic gasket. 5. Cone section shall be precast concrete with all reinforcing steel and joints as specified for straight barrel sections. 6. Concrete shall be Type ll in all manholes. 7. Manhole base sections shall be set on a 12 -inch bedding of uniformly graded crushed stone. Bedding stone shall meet the requirements of ASTM, C33, and shall extend one foot beyond the periphery of the base. 8. Drop connections shall be constructed as detailed on Plans. 9. Prior to construction, if different from the approved Plans, Shop Drawings of typical manhole and manhole connection shall be submitted by the CONTRACTOR to ENGINEER for review and approval. Sewer Brick 1. Brick used in construction of manholes and manhole inverts shall be clay or shall be brick meeting the requirements of ASTM Specification, Serial Designation C 32, Grade MM. 2. Brick shall be sampled and tested in accordance with ASTM, Specification, Serial Designation C 67 and any subsequent revisions thereof. 3. Test reports shall accompany all shipments of brick and two copies shall be furnished to the ENGINEER for review. Failure to furnish test reports will be sufficient reason for ENGINEER to reject any shipment of brick for use in the Project. 4. Sewer brick shall have a nominal size of 2 '% inch x 3 518 inch x 8 inch. 6/1103 SECTION 02708 (CCUD) 120219 Page 2 of 16 1602 C. Mortar Mortar for use in constructing and plastering manholes shall meet the requirements of ASTM C270, Type MM. The addition of masonry cement, ASTM C91, will be permitted to improve workability of mortar. Mortar materials shall be proportioned by volume and shall be as follows: 1 part Type II Portland Cement -ASTM C150 3 parts Aggregate (sand) - ASTM C144 D. Manhole Channel Bottoms Invert channel bottoms shall be smooth and semicircular in shape conforming to inside of adjacent sewer sections. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole will permit. Changes in size and grade of channels shall be made gradually and evenly. Channel height shall match crown of exit connecting sewer. Floor of manhole outside channels shall be smooth and shall slope towards channels as shown on Plans. Drop connections shall be constructed in accordance with details shown on Plans. Channels shall be shaped and constructed to permit placement of a television inspection camera into the main. E. Iron Castings All castings for manhole covers and other purposes shall meet the requirements of ASTM, Designation A 48, Class 30 gray iron. Castings shall be true to pattern in form and dimensions, free from pouring faults, spongings, cracks, blowholes, and other defects. 2. Manhole frames and covers shall be U.S. Foundry and Manufacturing Corporation, Number 420C -ORS, or approved equal. The cover shall be solid and indented with words "SANITARY SEWER" cast thereon. Circular covers must fit the frames in any position. Contact surfaces of both frames and covers shall be machined; and any tendency to rattle, as determined by test before or after installation, will be sufficient cause for rejection of the frame and cover. F. Manhole Tops All manhole tops shall be set flush in paved areas, and 0.2 feet above grade in unpaved areas, unless indicated otherwise on Plans. G. Drop -Pipe to Manholes Drop -pipe to manholes shall be installed by the CONTRACTOR when the difference in invert elevations of intersecting sewers exceeds two feet, or where directed by ENGINEER. The difference in elevation shall be 611/03 SECTION 02708 (CCUD) 120219 Page 3 of 16 16D2 measured from the invert of the incoming pipe to the invert at the center of the manhole. 2. Drop -pipe structure shall be constructed according to Plans and Specifications. H. Manhole Connections 1. Manhole connections of pipe shall be watertight. Pipe manhole connection shall be accomplished using a seal or water stop as follows: a. Manhole couplings providing elastomeric gasket seal. Unit to be grouted into manhole wall. b. Manhole couplings providing elastomeric compound grouted and locked into manhole. C. Elastomeric connection ports precast into manhole wall. 2. CONTRACTOR shall submit Shop Drawings to the ENGINEER for approval which define the system of watertight stop. I. Coating 1. The entire interior and exterior surfaces of precast manholes shall be coated with two coats of a coal tar epoxy coating to a minimum dry film thickness of 16 mils with Amercoat Number 78, Koppers Bitumastic Number 300 -M, or approved equal in accordance with coating manufacturers recommendations. This includes any field applications necessary to provide coating to all surfaces. 2.02 GRAVITY SEWER PIPE MATERIALS A. Ductile Iron Pipe and Fittings, Linings, Wraps 1. Ductile iron pipe for use as gravity sewers shall be centrifugally cast in metal molds or sand -lined molds and meet the requirements of AWWA C- 151. Pipe shall be designed for trench condition Type II with H -20 live loads. Thickness design shall conform to AWWA C150, except minimum thickness class of pipe shall be Class 51. All fittings shall be ductile iron and conform to AWWA C110. Pipe and fitting exterior shall be asphaltic coated approximately one mil thick. 2. Joints shall be similar or equal to U.S. Pipe and Foundry Tyton, American Cast Iron Pipe Fastite®, or approved equal. Pipe shall be furnished in standard 18400t or 20 -foot laying lengths. 6/1/03 SECTION 02708 (CCUD) 120219 Page 4 of 16 16D2 .M1 3. Gravity pipe of eight -inch diameter and less shall be interior coated with minimum 15 mil thickness coal tar epoxy. Gravity pipes of 10 inches or larger shall be interior coated with polyethylene as described below. a. Polyethylene Lining Materials - Polyethylene lining material for pipe and fittings shall be virgin polyethylene complying with ASTM D1248, compounded with an inert filler and with sufficient carbon black to resist ultraviolet rays during aboveground storage of pipe and fittings. Polyethylene shall be bonded to the interior of the pipe or fitting by heat. b. Polyethylene Application - Polyethylene linings shall cover the inner surface of the pipe or fitting from the plain or beveled end to the rear of the gasket socket. Lining in pipe and in fittings shall be minimum 20 mils nominal thickness. 4. Polyethylene Wrap - Where called for on the Plans, ductile iron pipe shall be polyethylene encased. Polyethylene encasement shall conform to AWWA C105. B. Polyvinyl Chloride (PVC) Pipe and Fittings Pipe and fittings for PVC gravity sewers shall be polyvinyl chloride meeting the requirements of ASTM D3034, SDR 35 for pipes smaller than 18 inches, and ASTM Specification F679 for pipes 18 inches and larger. Elastomeric joint gaskets shall conform to ASTM F477. At all conflict crossings, C900, Class 150 or 200 shall be utilized. PART 3 EXECUTION AND ADDrrIONAL COLLIER COUNTY REQUIREMENTS 3.01 GENERAL A. Pipe and structures shall be constructed at the locations elevations specified on the Plans and in accordance with the details specified in the Contract Documents. 3.02 MATERIAL HANDLING A. Pipe and accessories shall be loaded and unloaded by rolling with hoists or skidding in a manner that will avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing material at the site of the Work, each piece shall be off -loaded near the place where it is to be laid in the trench. 6/1/03 SECTION 02708 (CCUD) 120219 Page 5 of 16 3.03 TRENCHING AND BACKFILLING A. Excavation, bedding, and backfilling of trenche s sanitary sewer system shall comply with the Specifications Section 02703 TRENCHING AND 3.04 GRAVITY SEWER LINE INSTALLATION A. Ductile Iron Pipe 1602 during the construction of a requirements of WilsonMiller BACK - FILLING. In general, ductile iron pipe shall be installed in accordance with the pipe manufacturer's recommendations and the Ductile Iron Pipe Research Association "Handbook of Ductile Iron Pipe ". All pipe cuts shall be by sawing. B. Polyvinyl Chloride (PVC) In general, PVC pipe shall be installed in accordance with ASTM D2321 and Chapter VI, Construction, of the "Handbook of PVC Pipe, Design, and Construction ", published by Uni -Bell Plastic Pipe Association, and in accordance with the pipe manufacturer's recommendations and installation guide. The spigot end reference mark shall be aligned with the bell end in accordance with the manufacturer's recommendations. C. Gasket Joint Lubrication CONTRACTOR shall only use pipe joint lubricants supplied by or recommended by the pipe manufacturer. The lubricant shall be water soluble, nontoxic, an inhibitor to bacterial growth, and shall be nondetrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco ®, cooking oil, grease, etc.) shall not be used. 3.05 LAYING OF PIPE A. Pipe shall be laid in accordance with the Specifications and in accordance with manufacturer's recommendations. Proper tools and equipment shall be used for placement of the pipe in the trench. Under no circumstances shall pipe or accessories be dropped. B. Pipe bells shall be laid on the upstream end. Pipe laying shall commence at the lowest elevation and shall proceed up grade. Whenever pipe laying is interrupted, the open ends of the pipe shall be closed to prevent entrance of trench water, mud, and foreign matter. C. Gravity sewers shall be laid to the exact line and grade called for on the Plans. 3.06 BRANCH FITTINGS 6/1/03 SECTION 02708 (CCUD) 120219 Page 6 of 16 1602 A. Fittings for service branches on new construction shall be factory molded with all gasketed O -ring type connections. Taps or fittings made to existing lines shall be made with a factory fabricated tapping saddle or by use of a factory gasketed fitting in conjunction with a repair sleeve coupling with all stainless steel clamps. Saddles shall be installed in accordance with the manufacturer's specifications. Holes for saddle connections shall be made by a hole cutter or keyhole type saw based on layout by a template. Holes shall be made to the exact manufacturer's dimension and shall be deburred and beveled. 3.07 SEWER SERVICES A. CONTRACTOR shall install type of building service shown on the Plans. B. House services shall be six inches and shall consist of one (1) 45 degree (45 ) bend and sufficient six -inch pipe to reach the property line. House laterals, wherever possible, shall be laid on a uniform grade from the street sewer to a point three feet below the property line or to the flow line called for on the Plans. When directed by the ENGINEER, the CONTRACTOR may stack the house service outward from the street sewer and upward on an angle of not greater than 45 degrees from the horizontal to a point four feet below the street grade, and then angle on a lesser degree to the property line. Tunneling under curbs, curbs and gutters, or sidewalks will not be permitted. House services shall be plugged at the property line with a factory plug. In locations where a minimum of 30 -inch cover cannot be provided, laterals shall be ductile iron unless length of lateral is 30 feet or less. In those cases, lateral shall be AWWA C900, DR 18 PVC. C. Wye connections shall be installed in the sewer as directed by the ENGINEER or as shown on the Plans. All such wyes, where house connections are not constructed, shall be plugged with stoppers of proper size. The cost of such stoppers shall be included in the cost of such wye connections. D. Trenches for house services shall not be opened on both sides of the street unless permission has been secured to close the street. Unless otherwise directed by ENGINEER, each trench for the house service shall be opened and executed to grade for its full length before the house services are laid. All house connection locations shall be staked by the CONTRACTOR at time of backfilling. 3.08 WYE RECORD A. CONTRACTOR shall accurately measure and record the location of all wyes and house service connections, recording both the location (or "plus ") and distance from the next downstream manhole and the elevation of the invert of the wye or termination of the house connection at the curb line. 6/1/03 SECTION 02708 (CCUD) 120219 Page 7 of 16 1bD2 B. Records shall be available for inspection of and verification by the ENGINEER throughout the Project and shall be given to the ENGINEER in a neat, organized, and legible form at the conclusion of the Project for delivery to the OWNER. The cost of this record preparation shall be incidental to construction and shall be borne by the CONTRACTOR. 3.09 FINAL INSPECTION OF SEWER COLLECTION SYSTEM A. Prior to all other tests, all sewer lines shall be cleaned and flushed with a sewer cleaning ball or high velocity jet. Each sewer, upon completion, or at such times the ENGINEER may direct, is to be tested and inspected. All repairs or alterations shown necessary by these tests shall be made, all broken or cracked pipe removed, all excessive infiltration or exfiftration stopped, all deposits in pipe and manhole remove, and the sewer left clean, true to line and grade, and ready for use. Each section of pipe from manhole to manhole is to show a full circle of light from either end. Each manhole shall be to the specified form and size, to the proper depth, and watertight. C. Any defects found in the system shall be repaired to the satisfaction of the ENGINEER so as to conform strictly to the terms of the Contract. 3.10 INFILTRATION TESTING A. After final inspection, gravity sewers shall be tested for infiltration. Allowable infiltration shall not exceed 50 gallons per inch of internal pipe diameter per mile per day including manholes. No additional allowance will be made for house services. 3.11 EXFILTRATION TESTING A. Exfiftration testing shall be utilized in dry areas or when the line is sufficiently deep and the ground water level above the pipe is suitably low. The allowable water exfiltration for any length of sewer pipe between manholes should not exceed 50 gallons per inch of internal pipe diameter per mile per day. During exfiltration testing, the maximum internal pipe pressure at the lowest end should not exceed 25 feet of water or 10.8 psi and the water level inside the manhole should be two feet higher than the top of the pipe or two feet higher than the ground water level, whichever is greater. No additional allowance will be made for house services. B. ENGINEER may require the CONTRACTOR to perform an air test on the completed system. The test shall conform to the air testing section of the Uni- Bell "Handbookof PVC Pipe ". 3.12 DEFLECTION TEST FOR PVC PIPE 6/1/03 SECTION 02708 (CCUD) 120219 Page 8 of 16 1602 - A. Maximum allowable pipe deflection (reduction in vertical inside diameter) shall be five percent. Deflection tests as required by the ENGINEER, shall be performed by the CONTRACTOR at construction locations between successive manholes. Locations with excessive deflection shall be excavated, and repaired by rebedding or replacement of the pipe. Optional devices for testing include a deflectometer, (deflect meter) calibrated television or photography, or a properly "go, no -go" mandrel or sewer ball. For the purpose of deflection measurements, the base inside pipe diameters without deflection are provided in Table 63. Maximum allowable deflection shall be applied to these base inside diameters in determining the minimum permissible diameter. All testing costs shall be borne by the CONTRACTOR and shall be included in the cost per lineal foot of sanitary sewer provided for in the Proposal. TABLE 63 BASE INSIDE DIAMETER FOR DEFLECTION MEASUREMENTS OF ASTM D 3034 DR 35 PVC SEWER PIPE SIZE DR. Avg. O.D. 1.06 X Min. Avg. I.D. Tol. Pck. Base I.D. 4" 33.5 4.215 .1325 3.9500 .0527 3.90 *4" 35 4.215 .1272 3.9606 .0527 3.91 6" 35 6.275 .1908 5.8934 .1018 5.79 8" 35 8.400 .2544 7.8910 .1272 7.76 10" 35 10.500 .3180 9.8640 .1529 9.71 12" 35 12.500 .3816 11.7368 .1786 11.56 15" 35 15.300 .4632 14.3736 .2292 14.14 NOTE: Base I.D. is a minimum pipe I.D. derived by subtracting a statistical tolerance package from the pipe's average I.D. The tolerance package is defined as the square root of the sum of squared standard manufacturing tolerance. Avg. I.D. = Avg. O.D. - 2 (1.06)t Tolerance Package = A2 +B2 +62 +C2 A = O.D. Tolerance (ASTM D3034) B = Excess Wall Thickness Tolerance = 0.06t C = Out -of- Roundness Tolerance = 0.015 (Avg. O.D.) t = Minimum Wall Thickness (ASTM D3034) 6/1/03 SECTION 02708 (CCUD) 120219 Page 9 of 16 16D2 3.13 TELEVISION INSPECTION A. Television inspection shall be performed for all gravity sewer in accordance with the requirements of WilsonMiller Specifications Section 02731 TELEVISION INSPECTION (GRAVITY SEWER). 3.14 ADJUSTING EXISTING STRUCTURES A. Existing manholes, within the limits of the proposed Work, that do not conform to the finished grade of the proposed pavement, or to the finished grade designed on the Plans for such structures, shall be cut down or extended, and made to conform to the grade of the new pavement, or to the designated grade of the structure if outside of the proposed pavement area. The materials and construction methods for this Work shall conform to the requirements specified above. Where manholes are to be raised, the adjustment may, at the CONTRACTOR'S option, be made by the use of adjustable extension rings of the type which do not require the removal of the existing manhole frame. The extension device shall provide positive locking action and shall permit adjustment in height as well as diameter. The particular type of device used shall meet the approval of the ENGINEER. 3.15 CLEAN OUTS A. Clean outs shall be constructed according to the details and at locations shown on the Plans. R35[:1111111111111111 t 9197A Its] :ap]692M A. Locator disks shall be the type that is compatible with the OWNER'S location equipment and approved by the OWNER'S Representative prior to installation. They shall be placed in locations specified in the Plans or as otherwise specified in the Contract Documents. 3.17 RESTORATION A. Existing surfaces or property improvements damaged during the construction of Work specified in this Section shall be repaired in accordance with the requirements of WilsonMiller Specifications Section 02705 RESTORATION AND GENERAL REQUIREMENTS. 3.18 METHOD OF MEASUREMENT A. The quantities of sanitary sewer to be paid for under this Section shall be the lengths of the various types and sizes of pipe satisfactorily completed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe with no deductions for manholes or fittings. 6/1/03 SECTION 02708 (CCUD) 120219 Page 10 of 16 1602 Where the pay item description for pipe specifies a depth of cut, the depth shall be determined by measuring the vertical distance from the existing surface to the invert of the pipe as shown on the Plans. B. The quantities for manholes to be paid for under this Section shall be the number of the various types and sizes satisfactorily completed according to the Contract Documents. Where the pay item description for a manhole specifies a depth, the depth shall be measured from the top of the frame and cover to the lowest invert elevation of the manhole as shown on the Plans. C. The quantity of sewer services to be paid under this Section shall be either by the linear foot or by each service. If by linear foot, the pay quantity shall be the length of pipe satisfactorily completed measured along its centerline from the hub of the wye to the right-of -way or pipe end as shown on the Plans. If by each, the pay quantity shall be the number of sewer services satisfactorily completed according to the Contract Documents. D. The quantity for timber pipe cradle shall be the actual length of timber pipe cradle installed according to the Contract Documents. The pay quantity shall be in linear feet measured along the centerline of the pipe requiring the cradle. E. The quantities of existing structure adjustment to be paid for under this Section shall be the number of existing manholes satisfactorily adjusted, unless otherwise specified. F. The quantities of locator disks and clean outs shall be the number of disks or clean outs satisfactorily installed according to the Contract Documents unless otherwise specified. 3.19 SPECIAL COLLIER COUNTY UTILITY SYSTEM REQUIREMENTS A. Improvements being constructed in areas under jurisdiction of the Collier County Utility Division shall be constructed in accordance with the technical requirements of Collier County Ordinance Number 97 -17 and the Collier County Utility Standards (CCUS). The specifications in Subsection 3.18 are in addition to those contained elsewhere in this Section 02708 (CCUD) Gravity Sanitary Sewers (Collier County Utility Division). B. All sewer pipe, material, equipment and appurtenances shall be new. C. All PVC sewer pipe shall be green in color or shall be encased in green polyethylene bags. D. Ductile Iron Pipe. All ductile iron pipe shall have a minimum thickness conforming to Pressure Class 150 as specified by the latest revision to AWWA C150 for all installation in open, grassed, non- traffic areas. Within 6/1/03 SECTION 02708 (CCUD) 120219 Page 11 of 16 traffic areas and under pavement a minimum thickness conforming to Class 51 shall be utilized. All pipe shall have a minimum tensile strength of 60,000 psi, a minimum yield strength of 42,000 psi, and a minimum elongation of 10 percent as specified by AWWA C151, latest revision. All pipe shall have an exterior bituminous coating conforming to AWWA C151, latest revision. All pipe shall be interior coated with a 20 mil to 40 mil thickness poyethelene coating in conformance with ASTM 1248. Joints for ductile iron pipe shall be either of the slip -on type using a single rubber gasket, or mechanical joint type conforming to AWWA C111, latest revision. Ductile iron pipe for gravity sewer applications shall only be permitted if approved on the Plans by the Collier County Utility Division. All nuts, bolts, retainer rings, and other devices shall be made of high strength, low alloy metal and shall be supplied by the pipe manufacturer. Ductile iron pipe approved for use as stated above shall be designed in accordance with AWWA C150, AWWA C151 and ASTM A746. E. Polyvinyl Chloride Pipe. All unplasticized PVC pipe shall be of the integral wall bell and spigot joint type which meets or exceeds all requirements set forth in ASTM D3034, latest revision. Minimum wall thickness shall conform to DR35. Fittings shall be made of PVC plastic as defined by ASTM SDR26 1784, latest revision, ductile mechanical joint AWWA C153 or restrained joints if specified by the ENGINEER of Record. Flexible gasketed joints shall be compression type conforming to ASTM D3201, latest revision. Elastomeric joint gaskets shall conform to ASTM F477, latest revision. At all conflict crossings using four inch to 12 inch substitute C900 PVC, Class 200, DR14 and for PVC pipe 16 inches and larger use DR25. Special pipe adapters used to make these connections shall be indicated by type and model number on the construction Drawings. Manholes. Manholes shall be of the precast concrete type, utilizing 4000 psi Type II cement, with a minimum wall thickness of eight inches, per Details S -3, and S-4 in Appendix C of the Collier County Utility Standards. Inlet and outlet pipes shall be joined to the manholes with a gasketed flexible, elastomeric boot -type watertight connection. Joints in all precast manhole riser sections shall be sealed with Ram -Nek Kent -Seal, or other acceptable rubber or bituminous sealing compound. Manhole steps will not be permitted. Only nonpenelrating lift holes through precast manholes will be permitted and shall be sealed with a nonshrink grout. Minimum inside diameter of all manholes shall be four feet, zero inches. A drop pipe shall be provided for a sewer entering a manhole at an elevation of 24 inches or more above the manhole invert. Drop manholes shall be constructed with an outside drop connection using proper fittings. The entire outside drop connection shall be encased in concrete. See Detail S -5 in Appendix C of the Collier County Utility Standards. A smooth channeled transition shall be provided between all inverts within each manhole. Manhole exteriors shall be double coated (minimum 18 mils thick) with an approved bituminous or epoxy sealer. A minimum fall of 0.10 feet of 6/1/03 SECTION 02708 (CCUD) 120219 Page 12 of % 1602 drop from inlet pipe to outlet pipe invert shall be provided through all manholes. Due to the difficulties in gravity sewer construction, a 25 percent tolerance from design to as -built conditions on the drop across the manhole will be permissible. All manhole interiors shall be coated (minimum 36 mils thick) with an approved bituminous or epoxy sealer or shall be lined with a high density polyethylene protective liner such as Suregrip HDPE liner, manufactured by Agru, distributed by U.S. Precast Corp., or approved equal. G. Castings and Access Covers.— All manhole rings and covers shall conform to ASTM Designation A- 48 -76, Class 30. Covers shall be of the solid, indented type with nonpenetrating pickholes and the words "COLLIER COUNTY SEWER" cast thereon. All seat surfaces shall be machined smooth to prevent rocking. Manhole rings shall be adjusted to finished grade through the use of precast concrete riser rings and concrete bricks or clay bricks. A maximum of three (3) courses shall be used. If adjustment exceeds this limit, then precast riser rings shall be utilized in conjunction with the brick. Each ring shall be set in a bed of mortar to bond and seal the rings. All manholes shall have O- ring gasketed covers with machined bearing surfaces. The O- ring shall be in a dovetail groove with a loose "O" ring that is not under tension or compression. All ring covers shall be grouted in place. H. Infiftration/Exfiftration.— The allowable limits of infiltration or exfiftration for the entire system, or any portion thereof, shall not exceed a rate of 50 gallons per inch of inside pipe diameter per mile of pipe per 24 hours. No additional allowance will be made for house service lines. Prior to testing for infiltration, the system shall be pumped out so that normal infiltration conditions exist at the time of testing. The amounts of infiltration or exfiltration shall be determined by pumping water into or out of calibrated drums, or by other methods approved by the Public Works Division, such as in -line V -notch weirs. The cumulative results of the entire collection system results shall not be a satisfactory method for gauging infiltration compliance. Each sewer section between manholes must permit infiltration only up to the maximum allowable, as specified herein above. The procedures and limitations for conducting infiltration/eAltration tests shall be established at the preconstruction conference on a project by project basis. All testing shall be run continuously for 24 hours, unless the County Inspector can visually verify that this test duration is not required due to the observed infiftratiordexfiftration rate. The eAltration test, when required due to groundwater levels, will be conducted by filling the portion of the system being tested with water to a level two feet above the uppermost manhole invert in the section being tested. Where infiltration or exfiltration exceeds the allowable limits specified herein, the defective pipe, joints, or other faulty construction shall be located and repaired by the CONTRACTOR. If the defective potions cannot be located, the CONTRACTOR shall remove and reconstruct as much of the Work as is necessary in order to conform to the specified allowable limits. All visible leaks shall be repaired regardless of the amount of leakage. The CONTRACTOR 6/1/03 SECTION 02708 (CCUD) 120219 Page 13 of 16 16D2 shall provide all labor, equipment and materials, and shall conduct all testing required. Gravity Sewers - Visual Inspections — On completion of each block or section of sewer, or at such other time as the ENGINEER may direct, the block or section of sewer is to be cleaned, tested, and inspected. Each section of the sewer is to show, on examination from either end, a full circle of light between manholes. Each manhole, or other appurtenance to the system, shall be of the specified size and form, be watertight, neatly and substantially constructed, with the rim set permanently to design position and grade. The CONTRACTOR shall make a television inspection of all lines after all other testing has been successfully completed. Any defective Work or necessary correction brought out during this inspection must be corrected by the CONTRACTOR, at his expense, before the lines can be accepted by the county or appropriate water sewer district. J. Gravity Sewer - Television Inspection — Complete television inspection shall be provided by the CONTRACTOR prior to the Project's preliminary acceptance inspection and at the one (1) year warranty inspection to demonstrate that the gravity sewer system is watertight and has no defects. Each section of line is to be video taped in color on a standard high quality VHS tape and turned over, along with a written report, to the Wastewater Department for review. The tape and report shall display data on pipe size, pipe type, invert depth, date, time, footage from manhole, and location of main. All repairs shown necessary by this inspection are to be made, any broken or cracked pipe replaced, and all deposits removed, leaving the sewers clean and ready for service. All joints or laterals shown to be leaking shall be excavated and repaired or sealed with an environmentally approved grout. Any time a line is repaired or sealed, a reinspection is required to demonstrate that the sewer is free of any leaks or defects. Any defective Work or necessary correction shown during television inspections during construction must be corrected by the CONTRACTOR, at his expense, before the lines will be accepted by the Board or placed into service if operated on an interim basis and maintained by a private utility or other private ownership. All corrective measures required and identified during warranty inspections must be accomplished by the CONTRACTOR, at his expense, before final release of the Performance Bond provided for the construction. K. Force Main Pressure Testing. All force mains shall be designed by the ENGINEER of Record and subject to pressure testing at the following standards: 611103 SECTION 02708 (CCUD) 120219 Page 14 of 16 System Operating Pressure 50 psi or less Greater than 50 psi 1602 Test Pressure Duration 100 psi 150 psi or 2 times the operating pressure, whichever is greater. 2 hours 2 hours Allowable leakage on force mains shall be computed utilizing the standards for water loss in conformance with AWWA C600, the latest revision. L. Conflicts and Clearances with Other Facilities. Sanitary sewer lines, storm mains and /or force mains shall be separated from water mains by a minimum clear vertical distance of 18 inches and a horizontal distance of 10 feet, zero inches. See Detail S -15 in Appendix C of the "Collier County Utility Standards ". When this standard cannot be maintained, the sewer line shall be concrete encased for a distance of ten feet each way from the water line and any other conduit, with a minimum vertical clearance of 12 inches being provided at all times. All crossings with vertical clearance less than 18 inches shall be made using thickness Class 200 AWWA C900 PVC pipe or if necessary Pressure Class 250 ductile iron pipe for a distance of 10 feet each side of the crossing. The sewer pipe in these locations shall be backfilled with bedding stone or sand to a height six inches above the crown of the pipe. 3.20 BASIS OF PAYMENT A. The quantities determined by the methods described above, shall be paid for at the Contract Unit Prices established for each pay item. Such payment shall constitute full compensation for all Work specified in this Section including all labor, materials, equipment, and other incidental costs required to construct the Work defined in this Section. B. Payment for drop manholes shall include the cost for the drop piping in addition to all other costs involved in a regular manhole. - C. Payment for sewer services by the linear foot shall include the cost of the fitting which connects the service to the sewer main. Payment for sewer services by each shall include the cost of the connecting fitting, the length of pipe specified, clean out, cap, and any incidental costs required to install the sewer service according to the Contract Documents. D. Clean outs shall be paid as a separate pay item when the sewer services are paid by the linear foot. Such payment shall include the cost of all component parts as specified in the Plan details. E. Pipe fittings shall not be paid for separately but shall be included in the cost of pipe unless otherwise specified in the Contract Documents. 6/1/03 SECTION 02708 (CCUD) 120219 Page 15 of 16 1602 F. Unless otherwise specified in the Contract Documents, restoration Work shall not be paid for separately. The cost of any such restoration Work shall be included in the various Work items that necessitate the restoration. G. The cost of television inspections at the preliminary acceptance and one year final acceptance, as specified in this Section, shall be included in the Contract Unit Price for sanitary sewer pipe; and no additional payment will be allowed unless a separate pay item is established in the Contract Documents. H. The cost of rock excavation including blasting shall be included in the Contract Unit Price for pipe or structures unless rock excavation is specifically established as a separate pay item in the Contract Documents. When rock excavation is paid for separately, payment shall be made at the Contract Unit Price in accordance with WilsonMiller Specifications Section 02715 ROCK EXCAVATION. END OF SECTION 02708 6/1/03 SECTION 02708 (CCUD) 120219 Page 16 of 16 16D2 SECTION 02709 PRESSURE PIPELINE CONSTRUCTION PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of construction requirements common to the installation of all types of pressure pipelines including water main and force main. Included are requirements for material handling, pipe laying, jointing, anchoring, transition details, and valve installation. B. This Section is meant to be referenced by and used in conjunction with the particular pressure pipeline specified in the Contract Documents. Should any part of this Section conflict with the Section for Water Lines (or similar Section), the Water Line (or similar) Section shall take precedence over the conflicting part of this Section. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. WilsonMiller Specifications Section: 02703 TRENCHING AND BACKFILLING B. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.03 TRENCHING AND BACKFILL A. Excavation, bedding, and backfilling of trenches during the construction of pressure pipelines shall comply with the requirements of WilsonMiller Specifications Section 02703, TRENCHING AND BACKFILLING. B. Bell Holes - Holes for the bells shall be provided at each joint, but shall be no larger than necessary for joint assembly and assurance the pipe barrel will lie flat on the trench bottom. 3.04 HANDLING MATERIAL A. Pipe, fittings, valves, hydrants, and accessories shall be loaded and unloaded by lifting with hoists or fork lifts so as to avoid shock or damage. Under no circumstances shall materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. 6/1/03 SECTION 02709 119439 Page 1 of 4 1602 B. Pipe shall be handled so coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, repair shall be made by CONTRACTOR according to recommendations of the manufacturer and satisfactory to ENGINEER. 3.05 PIPE LAYING A. Pipe lines shall be laid and maintained to required lines and grades with fittings and valves at required locations, spigots centered in bells, and all valve stems plumb. B. Pipe and fittings shall be inspected for defects and all lumps, blisters, and excess coal tar coating removed from the bell and spigot ends of each length of pipe. Outside of the spigot and inside of the bell of all pipe shall be wiped clean and dry before pipe is laid. C. Every precaution shall be taken to prevent foreign material from entering the pipe while being placed. ENGINEER may require that before lowering the pipe into the trench, a heavy, tightly woven canvas bag of suitable size shall be placed over each end and left there until the connection is made to preceding pipe. During laying operations no debris, tools, clothing, or other material shall be placed in the pipe. D. After placing a length of pipe in the trench, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. Pipe shall be secured in place with approved backfill material tamped under it except at the bells. Pipe and fittings which do not allow a sufficient and uniform space for joints shall be removed and replaced with pipe and fittings of proper dimensions to insure such uniform space. Manufacturers recommendations as to limits of deflection of joints shall be strictly adhered to. E. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the ENGINEER. Joints of pipe in the trench which cannot be completed shall be caulked with packing to make them as watertight as possible. This provision shall apply during the noon hour as well as overnight. If water is in the trench, seal shall remain in place until the trench is pumped completely dry. Cutting of pipe for inserting valves, fittings, or closure pieces shall be done without damage to the pipe or lining, and so as to leave a smooth end at right angles to the axis of the pipe. All pipe shall be cut in accordance with the pipe manufacturers specifications and recommendations. 3.06 JOINTING A. Mechanical Joint Pipe - All mechanical joints shall be made up in strict accordance with the manufacturer's specifications using such special tools as stipulated by him. Gaskets shall be evenly seated, the gland placed in position, and bolts hand tightened before final tightening with wrenches. B. Compression - Pipe utilizing rubber gasket compression type joints shall be coupled in strict accordance with the printed instructions furnished by pipe manufacturer. 6/1/03 SECTION 02709 119439 Page 2 of 4 16D2 C. PVC Polyvinyl Chloride Pipe - PVC pipe shall be coupled in strict accordance with the printed instructions of the pipe manufacturer. 3.07 COVER A. In general, cover on all pressure pipes shall be 30 inches minimum or 48 inches maximum, or any greater quantity necessary to insure the operating nuts of the valves have clearance below bottom of valve box cover. Grade of sanitary sewer service laterals shall be considered in field determination of pipe cover. 3.08 ANCHORING A. All plugs, caps, tees, and bends deflecting 22 1/20 or more on mains four inches in diameter or larger shall be provided with reaction backing, or movement shall be prevented by attaching suitable metal rods or clamps as shown or specified. B. Reaction backing shall be ready -mix concrete having a compressive strength of not less than 3,000 psi in 28 days. Hand mixing will not be permitted. Backing shall be placed between solid ground and the fitting to be anchored. Area of bearing on the pipe and on the ground in each instance shall be that shown on Plans. Backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. C. Metal harnesses of tie rods or clamps of adequate strength to prevent movement may be used instead of concrete backing, if approved in writing by the ENGINEER. Steel rods or clamps shall be stainless steel. Restrained pipe joints may be required in addition to reaction blocking. The use of restraints does not alleviate the requirement for reaction blocking unless the plans specifically state "no reaction blocking required ". 3.09 TRANSITION DETAILS A. At locations of interconnections, bypasses, manifolds, pipe size changes, or other transitions requiring numerous fittings and adapters, ENGINEER may require the CONTRACTOR to submit for approval, detailed Shop Drawings of the respective transition prior to construction. Where detailed Drawings at such transitions are included on the Plans, CONTRACTOR may submit for approval detailed Plans of alternate design. In any case, prior to construction of a transition, CONTRACTOR shall inform ENGINEER of the proposed design, including number and type of fittings, for approval. 3.10 VALVE INSTALLATION A. Before installation, valves shall be thoroughly cleaned of all foreign material and inspected for proper operation. Valves shall be installed so stems are vertical, unless otherwise directed by the ENGINEER. Jointing shall meet the requirements of AWWA C600. Joints shall be tested with adjacent pipeline. If joints leak under test, valves shall be disconnected and reconnected and pipeline retested. Faces of flanges shall be cleaned thoroughly before flanged joint is assembled. After cleaning, the gasket shall be inserted and the nuts tightened uniformly around the flange. 6/1/03 SECTION 02709 119439 Page 3 of 4 PART1 GENERAL 1.01 SCOPE 1.02 1602 SECTION 02715 ROCK EXCAVATION A. The Work specified in this Section consists of the excavation and disposal of rock and boulders encountered during the construction of water main, sanitary or storm sewer, pressure pipeline, or other underground utilities including structures shown on the Plans. A. WilsonMiller Specifications Sections: 02703 TRENCHING AND BACKFILLING 02820 EXCAVATION AND EMBANKMENT 1.03 GENERAL SUBSURFACE DESCRIPTION A. When the results of soil survey are provided, such data is not to be construed as a guarantee of the depth, extent, or character of material present. It is the sole responsibility of the CONTRACTOR to make such examination at the site of the Work as may be necessary to inform himself of the conditions under which the Work is to be performed. B. Refer to Instruction to Bidders (Examination of Contract Documents and Site) and to Supplementary or Special Conditions. 1.04 REGULATORY REQUIREMENTS A. The CONTRACTOR shall comply with any governmental agency blasting ordinance applicable at the time of construction. B. The CONTRACTOR shall obtain all permits required before the removal of overburden material, drilling, or delivery of explosives. PART PRODUCTS Not Used 6/1/03 SECTION 02715 119770 Page 1 of 3 16D2 PART 3 EXECUTION 3.01 EXCAVATION OF ROCK A. All rock and boulders shall be excavated to the width and depth that permit the construction and installation of the specified Work. Unless otherwise specified in the Contract Documents, governmental codes or ordinances, and permit requirements, the method used to remove rock and boulders shall be determined by the CONTRACTOR. 3.02 BLASTING A. Blasting or splitting of rock to facilitate rock excavation shall be the option of the CONTRACTOR, unless otherwise specified. Any blasting or splitting shall comply with the provisions of the Contract Documents, governmental codes or ordinances, and the blasting permit. 3.03 UTILIZATION OF ROCK A. Excavated rock may be utilized on -site if authorized by the OWNER'S representative in writing and provided the material complies with the size requirements for backfill material in Section 02703 TRENCHING AND BACKFILLING or for embankment material in Section 02820 EXCAVATION AND EMBANKMENT. B. If the excavated rock does not meet the size requirements referred to above, the CONTRACTOR may split, crush, or screen the material to conform to those size requirements. 3.04 DISPOSAL OF EXCAVATED ROCK A. All excavated rock that is not utilized on -site shall be disposed of by the CONTRACTOR at a location outside the Project limits. B. All such material disposed of outside the Project limits shall become the property of the CONTRACTOR and he shall therefore be responsible for any liability resulting from the ownership, hauling, or disposing of such excavated material. 3.05 METHOD OF MEASUREMENT A. Not applicable for this Section. 3.06 BASIS OF PAYMENT A. The cost of rock excavation, including blasting, shall be included in the Contract Unit Price for each Work item requiring rock removal. 6/1/03 SECTION 02715 119770 Page 2 of 3 SECTION 02726 JACKING AND BORING 1.01 SCOPE 1602 A. This Section covers materials and Work necessary to jack and bore a utility system under and across the area shown on the Plans. 1.02 GENERAL REQUIREMENTS A. All materials and methods of installation for crossings by jacking and boring shall be subject to the ENGINEER'S approval and in accordance with the Plans, Specifications, and requirements of the permit issued by the controlling agency of the facility being crossed. The cost of abiding by provisions of the permit shall be considered incidental to the Contract. B. CONTRACTOR shall give officials of the controlling agency and ENGINEER adequate notice of the anticipated time and duration of the crossing construction. C. Jack and bores in general shall conform to the requirements of the "Florida Department of Transportation Utility Accommodation Guide ". 1.03 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. PART 2 PRt1n11CTS 2.01 STEEL CASING PIPE A. Unless otherwise specified by the controlling agency, steel casing pipe shall be ASTM A 129, Grade A pipe, of the sizes and thicknesses shown on the Plans. Joints shall be welded. 2.02 CASING WALL THICKNESS A. Steel casings shall conform to the Pipe Schedule Chart shown on the Detail Sheet in the Plans. B. Minimum thickness for pipe diameters not shown shall be the same as required for the next larger size listed in the Plans. W/03 SECTION 02726 120516 Page t of 3 1602 PART 3 FXFr11TIQN 3.01 CASING INSTALLATION A. Bored installations shall have a hole diameter which shall not exceed the outside diameter of the casing pipe. Where unstable soil conditions are found to exist, boring operations shall be conducted in such a manner as not to be detrimental to the facility being crossed. If excessive voids or too large a bored hole results, or if it is necessary to abandon a bored hole, prompt remedial measures shall be taken by the CONTRACTOR, subject to approval by ENGINEER and controlling agency of the facility being crossed. B. Once boring and jacking operations are started, the Work shall be continuous until completed in order to guard against the "grazing" of the casing due to settlement and compaction of surrounding soil. 3.02 CARRIER PIPE INSTALLATION A. The entire length of casing shall be complete before any carrier pipe is placed. Carrier pipe materials and installation shall conform to requirements specified elsewhere, except as hereafter indicated or as required by the controlling agency permit. _. B. The carrier shall be pushed or pulled (depending upon piping material, joint type, and method of pipe support) into the casing as pipe lengths are assembled. Carrier shall be adequately blocked all around to prevent any movement and to attain specified grade for gravity lines. The proposed carrier pipe installation shall be approved by the ENGINEER prior to starting the crossing. Carrier pipe support shall be provided along the entire length of the carrier. Support shall consist of filling the void space between the carrier and casing with granular fill (sand or pea gravel). C. After successful testing has been performed, as specified elsewhere, recheck alignment and grade. 3.03 SEALS AND VENTS A. At each end of casings, provide seals for the annular space between the casing and carrier pipes. Seals and vents, if any, shall be as shown on the Plans and required by the permit. 3.04 BASIS OF PAYMENT A. Payment for crossings will be based upon the lineal foot price stated in the Proposal for steel casing of the specified diameter. Payment shall constitute full compensation for all labor, materials, permits, and equipment required to complete the installation, within the limits shown. No additional payment for trench excavation and backfill, for furnishing and placing pipe, or for any 6/1/03 SECTION 02726 120516 Page 2 of 3 16D2 1602 SECTION 02731 TELEVISION INSPECTION (GRAVITY SEWER) PARTI GENERAL 1.01 DESCRIPTION A. Furnish the mobile television inspection studio, all television equipment, all other necessary types of equipment, and all materials, electricity, labor, technicians, etc. as may be needed to perform the closed circuit television inspection of the sewers. No Work is authorized under this Section unless the OWNER'S Representative is present. 1.02 REFERENCES Not Used. 1.03 PROJECT RECORD DOCUMENTS A. Video Tape: The tape shall display data on the pipe size, pipe type, invert depth, date, time, footage from manhole, and location of main. B. Log or Record: Keep a daily log or record covering the television inspection Work and the information acquired therefrom. This daily log or record shall contain the following data: Date and time. 2. Sewer line location (street name and manhole to manhole). 3. Size and length of line, type of pipe material, invert of pipe, etc. 4. Name of television control technician or supervisor in charge. 5. Name of OWNER'S Representative at the site. 6. Cleanliness and general condition of pipe. 7. Root intrusion location and description. 8. Notes and location on changes in sewer line grades, dips, sags, etc. 9. Notes and location on changes in alignment of pipe. 10. Sewer service line location, type (Y or YY), position on the periphery of the pipe, condition and /or description of the tap, etc. 11. Pipe damage and character, type and location of such damage. 6/1103 SECTION 02731 119774 Page 1 of 5 16D2 12. Infiltration points location from manhole, location on periphery of the pipe, estimated amount of infiltration in gallons per minute (GPM), and a description of the infiltration point (i.e. joint, break, hole, etc.) 13. Photographs acquired (photo, location). C. Submit one copy of the videotape and two copies of the log or record, typed and bound, to the ENGINEER. PART 2 EQUIPMENT 2.01 TELEVISION CAMERA A. The color television camera used for sewer line inspection shall be one specifically designed and constructed for such inspection Work. Lighting for the camera shall be adequate and suitable, and adjustable to allow a clear picture of the entire periphery of the pipe. The camera shall be waterproof and shall be operative in 100 percent humidity conditions. The camera (or different cameras) shall be small enough to pass through and clearly televise the interior of a six inch diameter sewer or larger. C. The camera focal length or distance shall be adjustable through a range of six inches to infinity. The television camera shall be capable of transmitting a picture having not less than 600 lines of resolution. D. To ensure optimum or peak picture quality throughout all conditions that may be encountered during the sewer inspection Work, the variable intensity control of the camera lighting and the adjustments for focal length and iris control shall be under the direct control of the television control technician at the central control panel in the television inspection studio. The camera speed and the direction of movement shall also be controlled by the television control technician in the television inspection studio. 2.02 TELEVISION MONITOR A. The view seen by the color television camera shall be transmitted to a monitor of not less than 12 inches measured diagonally. The television monitor shall be capable of receiving and displaying a picture having not less than 500 lines of resolution. The television monitor shall be located inside the mobile television studio. B. The picture shall be free at all times of electrical interference and shall provide a clear stable image. C. The central control panel, television studio that can the job site. 6/1/03 119774 television control, etc. shall be located in the mobile be moved in a safe and orderly manner throughout SECTION 02731 Page 2 of 5 1602 2.03 VIDEOTAPE A. The videotape recording system shall be capable of recording and reproducing a picture having not less than 500 lines of resolution. The videotape recorder shall be one on which both sound and video information can be recorded utilizing a one -half inch VHS video cassette system. B. The video taping and monitoring equipment shall have the built -in capability to allow the OWNER'S Representative to instantly review both the audio and video quality of the videotape productions at all times during the television survey. Playback speed shall be continuously adjustable from one -third speed (for slow motion viewing) to normal playback speed. C. Videotape recordings shall be enclosed in vinyl plastic containers which shall clearly indicate the date the tape was taken, the designated section(s) of sewer line(s) contained on the tape, and the referenced sewer inspection report covering the section(s) of sewer line(s) so included. 2.04 PHOTOGRAPHS A. CONTRACTOR shall furnish all equipment required for taking instant developing color photographs of the view which appears on the monitor. A camera having the proper lenses and mountings as required to properly frame the monitor shall be available for making the photographs. Photographs which include less than the total screen area or which extend appreciably beyond the total screen in width or height will not be acceptable. The photographic record shall include the photograph number, the location of the photograph in reference to the nearest foot from the manhole, date of the photograph, and the corresponding TV inspection report number. This same information shall be recorded in indelible ink on the back of the photograph. PART 3 EXECUTION 3.01 TELEVISION INSPECTION A. All gravity mains in the Collier County Utility Division service area or those mains to be connected to their system shall be television inspected. Complete television inspection shall be performed at CONTRACTOR'S expense prior to the project's preliminary acceptance inspection and at the one (1) year warranty inspection to ensure that the gravity sewer system is watertight and has no defects. Each section of line is to be videotaped in color on a standard, high - quality VHS tape and turned over to the Utilities Division Wastewater Department for review. B. The above television inspections of all lines shall be conducted in such a manner that the television control technician or supervisor (and the OWNER'S Representative) can determine the sewer line is thoroughly cleaned, and all 6/1/03 SECTION 02731 119774 Page 3 of 5 1602 leaking joints, pipe breaks, line sag or dips, service lines, roots, etc. can be accurately seen and located within and along the sewer line. C. The operation of the television equipment shall be controlled by a skilled technician who shall be located at the control panel in the mobile television inspection studio. Control of the television equipment may be accomplished by means of remote control winches, or by telephone, or other suitable means of communications between the television control technician in the mobile television inspection studio and the technicians operating the winches at either end of the manhole section being inspected. The television control technician in the mobile television inspection studio shall at all times be able to move the television camera through the sewer in either direction without loss of quality in the video presentation on the television monitor. The television image on the monitor shall at all times be free of electrical interference and shall provide a clear, stable image and picture. D. The camera shall be moved through the line in either direction at a uniform rate to allow adequate evaluation by the control technician, stopping when necessary to insure proper documentation of the sewer's condition. The travel speed of the camera shall be uniform and not exceed 30 feet per minute. In addition, the camera shall be stopped at flowing or leaking service connections to investigate the origin of the leakage. Manual winches, power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line. If during the inspection operation the television camera will not pass through the entire section between manholes, the CONTRACTOR shall reset his equipment in a manner so that the inspection can be performed from the opposite manhole. If again the camera fails to pass through the entire section, the inspection shall be considered incomplete and additional inspection Work will be required after repairs are made. The camera should be able to travel a minimum of 450 feet without having to reset the equipment. Unless approval is given or requested on site by the OWNER'S Representative, sewer lines shall be viewed against the flow. The accuracy of measurements cannot be stressed too strongly. Measurement for location of defects shall be at the ground level by means of a metering device. Marking on cable, or the like, which would require interpolation for depth of manhole, will not be allowed. A measuring device shall be incorporated so that the exact location of the equipment within the line can be noted at all times and shall be displayed on the monitor. G. To facilitate the television inspection of various sections of sewer lines having "sags" or depressions filled with water, a high pressure jet cleaner shall be utilized to dewater the settled or sagged section of sewer line. The high pressure jet cleaner shall be used to pull the water away from the front of the television camera thereby exposing most of the pipe interior for television inspection. The television inspection of these "sags" or depressed areas is 6/1/03 SECTION 02731 119774 Page 4 of 5 � •1 most important since these depressed areas are frequently caused by broken pipe, poor service line connections, or open pipe joints, and are usually locations of probable infiltration and trouble. The OWNER'S Representative in the field shall determine when the high pressure jet cleaner shall be utilized for this type of Work. 3.02 REPAIRS A. All repairs shown necessary by this inspection are to be made, any broken or cracked pipe replaced, and all deposits removed, leaving sewers clean and ready for service. All joints or laterals shown to be leaking shall be excavated and repaired or sealed with an approved grout as supplied by Cues, Inc. Anytime a line is repaired or sealed, a reinspection is required at the CONTRACTOR'S expense to ensure the sewer is free of any leaks or defects. Any defective Work or necessary correction shown during television inspections during construction must be corrected by the CONTRACTOR, at his expense, before the lines will be accepted by the utility or placed into service. All corrective measures required and identified during warranty inspections must be accomplished by the CONTRACTOR, at his expense, before final release of the Performance Bond provided for the construction. 3.03 METHODS OF MEASUREMENT A. The quantity for Work specified in this Section shall be by the lump sum only when a separate pay item is established in the Contract Documents. 3.04 BASIS OF PAYMENT A. Payment shall be made in accordance with WilsonMiller Specifications Section 02708 GRAVITY SANITARY SEWERS. B. Where lump sum payment is specified, the amount of any periodic payment shall be based on the percentage of satisfactorily completed sewer pipe. C. The cost of the second television inspection at the end of the warranty period shall be included in either the contract price established or, if no separate pay item is established, shall be included in the contract linear foot price of the sewer pipe. In either case, no separate payment will be made for the inspection at the end of the warranty period. END OF SECTION 02731 6/1/03 SECTION 02731 119774 Page 5 of 5 1602 SECTION 02813 SEEDING, MULCHING, AND SODDING PART1 GENERAL 1.01 DESCRIPTION A. Work specified in this Section consists of the required sodding or seeding and mulching operation within the right-of-way or designated areas. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 SEEDING AND MULCHING A. Furnish all labor, material, and equipment to prepare shoulders and backslopes from edge of pavement or back of concrete gutter to the right-of- way lines or other designated areas. All Work shall be accomplished in accordance with Section 570, Grassing and Mulching of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ", hereinafter referred to as "FDOTSPEC". Rates of application after shoulder surface is prepared are as specified. B. Distribute 8 -8 -8 fertilizer at the rate of 900 lbs. per acre. C. Sow a mixture of 50% - 50% Bahia and Bermuda seed at the rate of 50 lbs. per acre. D. Spread live Bermuda sprig mulch at the rate of two inch loose thickness layer, cut in and rolled. E. Water shall be evenly applied until growth is initiated or until sufficient local rainfall activity will insure growth. F. Hydro seeding and mulching may be used in lieu of the above and shall be in accordance with Section 571, "FDOTSPEC ". 611/03 SECTION 02813 120579 Page 1 of 2 16D2 3.02 SODDING A. Areas designated for sodding shall be sodded in accordance with Section 575 of "FDOTSPEC ". 3.03 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. The OWNER reserves the right to add to or deduct from the scope of the Work, and such additions or deductions will be made at the unit prices established in the Proposal. The said additions or deductions shall not exceed twenty -five percent (25 %) of the item base bid of the successful BIDDER or BIDDERS. 1. Seeding and Mulching: The quantity of seeding and mulching shall be paid on the basis of the unit price established for the area in acres. The unit price shall include all costs of equipment, labor, and material to perform the grading, seeding, mulching, fertilizing, disking, and watering required to establish growth. 2. Sodding: The quantities of sodding as determined above shall be paid for at the Contract price per square yard of sodding. Such prices and payments shall be full compensation for all Work, materials, sod, water, fertilizer, etc. necessary to establish a sodded area. END OF SECTION 02813 6/1103 SECTION 02813 120579 Page 2 of 2 1602 SECTION 02814 CONCRETE CURBS, GUTTERS, MANHOLE FRAMES, STORM INLETS, ETC. PART1 GENERAL 1.01 SCOPE A. These Specifications make reference to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, hereafter referenced as "FDOTSPEC ". Work covered in this Section consists of furnishing all plant, labor, equipment, materials and the performing of all operations necessary for construction of: All concrete curbs, gutters, walks, medians, aprons, etc. 2. All stormwater inlets including throat inlets, catch basins, and grated inlets. 3. Adjustment or installation of sanitary and storm manhole frames and covers, or grates, inlet grates, gate valve boxes, and other similarly exposed utilities in paved areas. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition- PART 2 PRODUCTS 2.01 CONCRETE CONSTRUCTION A. All concrete and concrete Work shall conform to the following Specifications unless otherwise noted on the Plans. All concrete specified in this Section shall attain a minimum compressive strength of 3000 psi in 28 days. B. Concrete Mix Materials Coarse aggregate shall be hard, clean, washed gravel, or crushed stone. Minimum aggregate size shall not be larger than one inch nor smaller than one -half inch equivalent diameter. Fine aggregate shall be clean, sharp sand. Water shall be clean, fresh, free from injurious amounts of minerals, organic substances, acids, or alkalis. Cement shall be Type I, domestic Portland cement, meeting the requirements of ASTM C150. snrsoos- t tse¢s v.r m F overw ussssssass. -o 16D2 C. Concrete Admixtures Air entrainment admixtures in concrete are permitted in accordance with manufacturer's specifications provided specified strength and quality are maintained, and unless admixtures appear to be causing abnormal field results, and total entrained air content does not exceed 5.0 percent. No other admixture of any type will be permitted without written approval of the ENGINEER. D. Reinforcement Steel Reinforcing bars shall be intermediate grade, new billet steel, deformed bars, free of loose rust, scale, dirt, or oil, and shall conform to ASTM A15, "Specifications for Billet -Steel Bars for Concrete Reinforcement ". Rebar deformations shall conform to ASTM A305. Welded wire fabric for concrete reinforcement shall conform to ASTM A185, "Specifications for Welded Steel Wire Fabric for Concrete Reinforcement ". All reinforcement steel shall be placed, spliced, lapped, etc., in accordance with the ACI Standard 318, "Building Code Requirements For Reinforced Concrete ". E. Transit Or Ready -Mixed Concrete 1. Transit or ready -mixed concrete may be used provided it meets the requirements of ASTM C94, "Ready -Mixed Concrete ", and provided the central plant producing the concrete, the batching, mixing, and transportation equipment, in the opinion of the ENGINEER, is suitable for the production and transportation of the specified concrete. PART EXECUTION 3.01 CONSTRUCTION METHODS A. Work shall be performed to lengths and cross - sections shown on the Plans. Forms shall be of sufficient strength to resist pressure of the concrete without springing. Bottom forms shall not be removed within twenty -four hours after concrete has been placed. Side or top forms shall not be removed within twelve hours after concrete has been placed. Upon removal of forms, minor defects shall be corrected with a rich mix of cement mortar. Curbs, gutters, walks, or medians shall be finished until a smooth surface is attained. Final finish shall be a light broom finish. When completed, concrete shall be cured as specified. 3.02 PLACING OF CONCRETE A. Concrete shall be deposited in clean, wet forms and, as nearly as practicable, in its final position to avoid segregation. Concrete placing shall 6/1103 SECTION 02814 119825 Page 2 of 6 1602 be carried on at such a rate that the concrete is at all times plastic and flows readily into spaces between the bars. Concreting shall be a continuous operation until the panel or section is completed. All structural concrete shall be vibrated. No concrete shall be allowed a free fall of more than four feet or allowed to strike against a vertical or inclined surface or reinforcement above the point of deposit. Placing by means of pumping may be allowed, contingent upon the adequacy of the equipment for this particular Work. The operation of the pump shall be such that a continuous stream of concrete without air pockets is produced. Placing of concrete shall be so regulated that pressure caused by wet concrete shall not exceed that used in the design of the forms. After concrete has taken its initial set, care shall be exercised to avoid jarring the forms or placing any strain on the ends of projecting reinforcement. 3.03 MACHINE - LAYING A. Machine laying of Work will be permitted, providing all quality conditions of conventional construction are met. B. As a specific requirement for machine laid curb and gutter, contraction joints shall be sawed unless an alternate method of constructing them is approved in writing by the ENGINEER. Joints shall be sawed as soon as the concrete has hardened to the degree that excessive raveling will not occur and before uncontrolled shrinkage cracking begins. Contraction joints shall be spaced at intervals of ten feet, except where a lesser interval is required for closure; but no section shall be less than four feet in length. 3.04 CURING A. As soon as practicable after finishing, all concrete shall be covered with burlap and kept moist for a period of seven days or an approved membrane curing compound may be applied at the CONTRACTOR'S option. Where membrane curing compound is used, no walking or other traffic will be allowed over the slab for 72 hours after application unless the surface is protected by burlap or heavy building paper. Curing shall meet the requirements of "FDOTSPEC" Section 520 -8. 3.05 JOINTS A. Construction Joints: Joints not shown or specified shall be located as to least impair the strength and appearance of the Work. Placement of concrete shall be carried on at such a rate that the surfaces of concrete which have not been carried to joint levels will not have attained initial set before additional concrete is placed thereon. B. Contraction Joints: Curbs and gutters and valley gutters shall be constructed with contraction joints at intervals of 10 feet except where shorter intervals are required for closures, but no joint shall be constructed at intervals of less 6/1/03 SECTION 02814 119825 Page 3 of 6 1602 than four feet. Sidewalks and concrete medians shall be constructed with contraction joints at intervals equal to the width of the walk or median respectively unless otherwise noted on the Plans. Contraction joints may be of the open type or sawed. Construction and construction procedures of contraction joints shall conform to the specifications set forth in the "FDOTSPEC C. Expansion Joints: Curbs, curb and gutters, and valley gutters shall be constructed with expansion joints at all inlets, all radius points, all points where operations cease for any considerable time, and at intervals of not more than 500 feet. Walks and concrete medians shall be constructed with expansion joints at points of walk or median termination against an unyielding surface and at intervals not to exceed 100 feet. Expansion joints shall be constructed with PVC slips encasing the reinforcing bars. Expansion joint material shall be one -half inch bituminous impregnated expansion joint material which meets the requirements of "FDOTSPEC ", 932 -1.1. Expansion joints between the sidewalk and the curb or driveway, or at fixed objects and sidewalk intersections shall be one -half inch joints, formed with a preformed joint filler meeting the requirements specified in "FDOTSPEC ", 932 -1.1. 3.06 CONTRACTORS RESPONSIBILITIES A. CONTRACTOR is fully responsible for all concrete and concrete Work and finishes and shall reject all delivered concrete and finishes not meeting these Specifications. CONTRACTOR shall also be responsible for securing laboratory tests or reports if such tests or reports are requested by ENGINEER. B. ENGINEER may, at his discretion, request that specified tests be conducted and reports furnished at the CONTRACTOR'S expense. Normally the ENGINEER will not require testing of more than one set of three compression test cylinders per 50 cubic yards, (or part thereof). 3.07 EXCAVATION AND BACKFILL A. Excavation shall be to the required depth, and supporting earth, base, or subgrade shall be compacted. When the Plans call for a stabilized subgrade under the curb or gutter, subgrade shall be stabilized and tested, if required, as set forth elsewhere in these Specifications and as indicated on the Plans. When the Plans call for a soil- cement base, subgrade supporting the curb or gutter shall be compacted by watering, rolling, or tamping to 95 percent of maximum density as determined by AASHTO T180. Subgrades for walks and concrete medians shall be compacted to a firm, even surface by means of rolling, watering, and /or tamping. 6/1103 SECTION 02814 119825 Page 4 of 6 1602 B. After the concrete has set sufficiently, but not later than three days after placing, the spaces in front and back shall be backfilled with suitable material and compacted. When street bases are to be constructed adjacent to curbs, gutters, etc., the curbs, gutters, etc., shall be properly backfilled and shall cure for a period of not less than three days before any base material is placed against it. 3.08 STORM WATER INLETS A. Construction of storm water inlets shall include all Work and materials necessary for final construction by CONTRACTOR of throat inlets, catch basins, grated manholes, or other storm water inlets. B. Construction of throat inlets shall be to the lines, elevations, and dimensions shown on the Plans and include forming of the throat and construction of the top slab with frame and cover and supporting walls. C. Construction of grated inlets, catch basins, manholes, etc., shall be to the elevations and dimensions shown on the Plans. Construction shall include any reasonable adjustment and realignment of the grate necessary (if grates are installed by the previous CONTRACTOR), or the installation of inlet grates. Frames shall be secured in mortar and the mortar struck smooth inside and out. 3.09 MANHOLE FRAMES AND COVERS A. Manhole frames with covers or grates in paved areas shall be installed /adjusted (see Proposal) flush with the final paved surface. Frames and covers shall be milled to prevent rocking of the cover when passed over by a motor vehicle. Frames shall be secured in mortar or concrete and surfaces struck smooth inside and out. Gate valve boxes and other similarly exposed utilities shall be raised or lowered as required to insure a flush, even surface with the adjacent paved area. 3.10 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. OWNER reserves the right to add to or deduct from the scope of the Work and such additions or deductions will be made at the unit price established in the Proposal. The said additions or deductions shall not exceed 25 percent of the base bid of the successful BIDDER or BIDDERS. Units of payment stated in the Proposal cover the following: Concrete Curbs, Gutters, Walks, Medians and Valley Crossing: Payment for concrete curb and gutters, vertical curbs, and valley gutters shall be on the basis of actual lineal feet in place. Payment for valley crossings shall be on a per unit basis. Concrete medians 6/1/03 SECTION 02814 119825 Page 5 of 6 1602 shall be paid on the basis of actual square feet in place. Concrete walks shall be paid on the basis of actual linear feet completed, unless otherwise noted in the Proposal. Concrete aprons, inlet channels, etc., shall be paid on the basis of actual square feet completed, unless otherwise noted. Unit cost for the construction of the above stated Work shall include all equipment, labor, and materials and shall include all excavation, trenching, subgrade compaction, backfilling, etc., necessary to perform the Work in accordance with the Plans, Specifications, and good construction practices. 2. Storm Water Inlets: Payment for storm water inlets, as defined herein, shall be on a unit basis. Unit cost of construction shall include all labor, equipment, materials, excavation, backfilling, structural adjustments, etc., necessary to perform the Work in accordance with the Plans, Specifications and good construction practice. Payment for the installation or adjustment of manhole frames and covers or grates shall be included in the cost of storm water inlets. Unit costs shall include all materials, equipment, labor backfilling, etc., necessary to perform the Work in accordance with the Plans, Specifications, and good construction practice. Costs for adjustment of gate valve boxes and other similar utilities in paved areas shall be considered as incidental. END OF SECTION 02814 6/1/03 SECTION 02814 119825 Page 6 of 6 16D2 �� SECTION 02817 CLEARING AND GRUBBING PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of clearing and grubbing within areas specified in the Contract Documents or as directed by the OWNER'S Representative. Work under this Section includes removal and disposal of all trees, brush, stumps, grass, roots, and other such protruding objects. Also included is the removal and disposal of buildings, structures, existing pavement, other existing facilities, and debris not required to remain or to be salvaged that is necessary to prepare the area for the proposed construction. CONTRACTOR shall notify all utility companies or utility OWNER'S (both public or private) of their intent to perform such Work and shall coordinate field location of utility lines prior to commencement of construction. B. Other miscellaneous Work considered necessary for the complete preparation of the overall Project site is also included under this Section. Work includes, but is not limited to, the following: 1. Plugging of wells encountered within the Project limits which are to be abandoned. 2. Leveling and restoration of terrain outside the limits of construction for purposes of facilitating maintenance and other post- construction operations. 3. Trimming of certain trees and shrubs within Project limits for utilization in subsequent landscaping of the Project. 4. Plugging or sealing of culvert pipes or other structures to prevent erosion or collapse of adjacent soils. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTIVI, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PART PRODUCTS Not Used 6/1/03 SECTION 02817 119832 Page 1 of 7 1602 PART 3 EXECUTION 3.01 CLEARING AND GRUBBING A. Clearing and grubbing shall consist of complete removal and disposal of all items stated in Article 1.01 which are not specified for removal under other items of the Contract. B. Unless otherwise shown in the Plans or Contract Documents, standard clearing and grubbing shall be done within the following areas: C. All areas where any type of excavation is to be done. 1. All areas where any type of embankment will be constructed. 2. All areas where any type of structure, including pipe culverts or pipe lines, will be installed or constructed. 3. All areas where any type of pavement will be constructed. 4. Other areas designated in the Plans or by the Specifications. D. Depths of Removal 1. In areas listed below all roots and other debris shall be removed to a depth of at least one foot below ground surface. The surface shall then be plowed to a depth of at least six inches and all roots exposed shall be removed to a depth of at least one foot. All stumps including subsurface roots shall be completely removed to the satisfaction of the ENGINEER. Trees shall be removed so roots are pulled out rather than broken or sawed off. Areas requiring the removal methods stated in this paragraph are as follows: a. Excavation areas where the excavated material is to be used in embankment construction under permanent structures such as but not limited to pavement and buildings. b. Embankment areas under permanent structures such as but not limited to pavement, buildings, sewage treatment facilities, bridges, etc. C. Excavation areas where roots or similar vegetation in the top one foot would interfere with disking, harrowing, or finish grading operations prior to seeding or landscaping. d. Lots and building areas 6/1/03 SECTION 02817 119832 Page 2 of 7 1602 2. In all other excavation areas not listed above where clearing and grubbing is to be done, all roots, stumps, and debris protruding through or appearing on the surface of the completed excavation shall be removed or cut off below the excavated surface. 3. In all other embankment areas not listed above where clearing and grubbing is to be done, all roots, stumps, and debris protruding through or appearing on the surface shall be removed to a depth of at least one foot below the surface; but no plowing or harrowing will be required in these areas. E. Trees to Remain: As an exception to the above provisions, where so directed by the OWNER'S Representative, desirable trees within the clearing limits shall be protected, left standing, and trimmed to prevent damage to limbs during construction. No equipment shall stand, stop, or travel across or inside the drip line of any trees or vegetation designated to be saved or protected. Boulders: Any boulders laying on the top of the existing surface or otherwise encountered during the clearing and grubbing shall be removed and disposed of by the CONTRACTOR in areas provided by the CONTRACTOR. As an alternate to off -site disposal, and at the CONTRACTOR'S expense, he may elect to utilize these boulders in embankments provided the conditions of Article 3.04 in Section 02820 are satisfied. Any breaking or splitting of boulders that may be necessary to comply with size requirements for embankment shall be incidental to the cost of clearing and grubbing. No boulders or rock shall be left or placed in building pads, lots, or building embankment areas. 3.02 SELECTIVE CLEARING AND GRUBBING A. Selective clearing and grubbing shall consist of removing and disposing of all vegetation, obstructions, etc. as provided above, except that in nonstructural areas where the CONTRACTOR so elects, roots may be cut off flush with the ground surface. Stumps shall be completely removed. Undergrowth shall be completely removed except in areas designated by the OWNER'S Representative for aesthetic purposes. B. Desirable trees that are designated by the OWNER'S Representative to remain, shall be protected and trimmed in such a way to avoid damage to limbs during construction. 3.03 SPECIAL CLEARING AND GRUBBING A. In certain areas" that are inaccessible by machines or are considered environmentally sensitive, ENGINEER may specify special clearing and grubbing. Where listed as a separate pay item, special clearing and grubbing shall consist of removal and disposal of all trees, brush stumps, roots, 6/1/03 SECTION 02817 119832 Page 3 of 7 16D2 debris, or other objects protruding through the surface by cutting off flush with the ground surface. The use of any machinery that would disturb the original ground surface condition will not be permitted. 3.04 ERADICATION OF EXOTIC VEGETATION A. Where listed as a separate pay item, eradication of exotic vegetation shall consist of removal and disposal of "Australian Pine ", "Melaleuca ", "Brazilian Pepper", "Florida Holly ", and other species specifically stated on the Plans or specified herein. Also included shall be the removal of the subsurface root system for each exotic. B. In areas where removal is modified to permit cutting off flush within the ground surface, stump and root system shall be treated with an agency approved chemical herbicide that will ensure the eradication of the root system. C. Within the limits established for the eradication of exotic vegetation, all other trees, brush, etc. not classified as exotic shall be removed, unless designated to remain in the field by the OWNER'S Representative. The removal and disposal of nonexotic vegetation shall conform to the provisions of Article 3.01. 3.05 REMOVAL OF EXISTING PAVEMENT A. Work specified in this Article consists of the removing and disposing of existing pavement surfaces such as but not limited to pavement, sidewalk, curb, and gutter where shown in the Plans, or required to be removed during construction operations, or as required by the ENGINEER. 3.06 REMOVAL OF EXISTING STRUCTURES A. Work specified in this Article shall include removal and disposal of existing buildings, bridges, pipes, and structures of whatever type as specifically shown in the Plans to be removed or as otherwise specified for removal in the Contract Documents. Also included are structures of whatever type or portions thereof which are encountered during construction operations. Where partial removal of a structure is approved by the ENGINEER, the portion of the existing structure shall be backfilled, plugged, or filled in such a way that will prevent the settlement, movement, erosion, or collapse of the adjacent soils. 3.07 BURNING ON -SITE A. Unless otherwise stated in the Contract Documents, burning will be permitted within the Project limits provided the burning operation complies with all applicable laws, ordinances, and other regulatory agencies. All permits required shall be obtained prior to the start of burning and all permit -� 611/03 SECTION 02817 119832 Page 4 of 7 1602 regulations strictly adhered to. All burning shall be done at locations where trees and shrubs adjacent to the cleared area will not be harmed. 3.08 DISPOSAL OF MATERIALS A. Timber, stumps, roots, brush, boulders, rubbish, and other objectionable material resulting from Work specified in this Section shall be disposed of off -site in locations provided by the CONTRACTOR. 3.09 OWNERSHIP OF MATERIALS A. Except as may be otherwise stated in the Contract Documents, all buildings, structures, appurtenances, and other materials removed by the CONTRACTOR shall become the property of the CONTRACTOR, to be disposed of in areas provided by him. 3.10 METHOD OF MEASUREMENT A. General: For the various items of Work specified in this Section when listed as a separate pay item, payment shall be made by the unit price or the lump sum amount as established in the Contract Documents. Where no separate pay item is established, the cost of all such Work shall be included in the various scheduled items of Work specified in the Contract Documents, except as provided below. B. Clearing and Grubbing: Measurement of clearing and grubbing shall include only the areas specified in the Contract Documents that are required to be cleared to permit the construction of the various items of Work. Areas that are cleared for convenience, access, or other purposes that are not a requirement of construction will not be measured for payment. C. Selective Clearing and Grubbing: Measurement of selective clearing and grubbing shall include all areas shown in the Plans or designated in the field by the OWNER'S Representative. This measurement shall include the total area within the limits of selective clearing and grubbing and no deduction shall be made for areas in which desirable trees and brush are designated to remain. Where the limits of selective clearing and grubbing are shown on the Plans or otherwise established in the Contract Documents but no separate pay Rem established, the measurement of such Work shall be included in the quantity or lump sum amount of "Clearing and Grubbing'. D. Special Clearing and Grubbing: Measurement of special clearing and grubbing shall include all areas shown in the Plans or designated in the field by the OWNER'S Representative. This measurement shall include only actual areas cleared by the hand method and shall not include areas cleared by other methods or areas that remain in their original condition. Where the limits of special clearing and grubbing are shown on the Plans or otherwise established in the Contract Documents, but no separate pay item 6/1/03 SECTION 02817 119832 Page 5 of 7 16D2 established, the measurement of such Work shall be included in the quantity or lump sum amount of "Clearing and Grubbing ". E. Eradication of Exotic Vegetation: Measurement of eradication of exotic vegetation shall include areas shown on the Plans or designated in the field by the OWNER'S Representative. This measurement shall include the total area within the limits established for eradication of exotic vegetation and include the areas within these limits where non - exotic vegetation is removed. Where the OWNER'S Representative has designated desirable vegetation to remain within these limits, no deduction of area shall be made for the "Saved" areas. Where limits of eradication of exotic vegetation are shown on the Plans or otherwise established in the Contract Documents, but no separate pay item established, the measurement of such Work shall included in the quantity or lump sum amount of "Clearing and Grubbing be ". F. Removal of Existing Pavement: When a separate pay item is established for the removal of existing pavement, the quantity to be paid shall be by the square yard for the actual quantity removed and disposed of off -site. For curb and gutter, slope pavement, and other irregular areas, the measurement shall be generally taken as an approximate horizontal surface. Where lump sum payment is provided, such payment shall be compensation for the removal of areas shown on the Plans or otherwise specified in the Contract Documents. Where a separate pay item is established for curb, gutter, or curb and gutter removal, the measurement shall be measured by the lineal foot at the flow line of the gutter or at the top of curb where there is no gutter. Where separate pay has not been provided for curb or curb and gutter removal, the measurement shall be included in the area for pavement removal as stated above. 2. When no separate payment is provided for the removal of existing pavement and no applicable item of excavation or embankment covering such Work is listed, the costs of this Work shall be included in the Contract Unit Price for the item of "Clearing and Grubbing" or for the pipe or other structure for which the pavement removal is required. G. Removal of Existing Structures: When separate payment for removal of existing structures or removal of existing buildings is provided, the Work shall be paid for at the Contract Lump Sum Price. When direct payment is not provided, the cost of such removal and disposal shall be included in the Contract Unit Price for clearing and grubbing or, if no clearing and grubbing is included, in the compensation for the other items covering the new structure to be constructed. 6/1/03 SECTION 02817 119832 Page 6 of 7 16D2 SECTION 02820 EXCAVATION AND EMBANKMENT PART1 GENERAL 1.01 SCOPE A. Work specified in this Section consists of excavation and embankment required for roadways, lakes, ditches, swales, berms, canals, parking areas, site fill, building pads, retention areas, structure excavation, and other similar Work described herein or shown on the Plans. This Section includes preparation of subgrades, construction of embankments, utilization or disposal of materials excavated, and compaction and finish grading of excavated areas and embankments. All Work shall conform to the proposed alignment, elevations, slopes, and cross - sections shown on the Plans. 1.02 SPECIFICATION AND STANDARDS REFERENCE Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc. are referenced, such references shall be latest edition. PART PRODUCTS Not Used PART 3 EXECUTION 3.01 CLASSIFICATION OF EXCAVATION A. General Included in the excavation under this Section are materials of whatever nature encountered within the required limits of excavation (except material removed during clearing and grubbing). Determination of subsurface conditions and its effect on construction costs are the sole responsibility of the CONTRACTOR. Subsurface conditions between soil borings that may be provided can vary greatly from those conditions found at the location where the sample was extracted. Locating existing underground utilities shall be the responsibility of the CONTRACTOR. In the event of any utility conflict, the CONTRACTOR shall immediately inform the utility company, OWNER, and the ENGINEER of the conflict. CONTRACTOR shall be responsible for the immediate repair of any utility lines damaged during construction. CONTRACTOR shall notify all utility companies or utility owners, both public and private, of their intent to perform 6/1/03 SECTION 02820 119842 Page 1 of 17 16D2 such Work and coordinate field location of utility lines prior to commencement of construction. 3. Where separate classification is provided in the Proposal, excavation specified under this Section may be listed as any of the following classes: (1) Regular Excavation, (2) Swale Excavation, (3) Subsoil Excavation, (4) Rock Excavation, (5) Lake Excavation (Unclassified). 4. For any of the above classifications not specifically listed as a separate pay item in the Proposal or included as part of another pay item, all excavation of such type shall be included under the item of Regular Excavation. If the item of Regular Excavation is not listed in the Proposal, all costs included in the excavation of roadway, swales, subsoil, rock, lakes, structures (including utilization or disposal of materials) shall be incidental to the general cost of the Project and no additional compensation will be allowed. B. Regular Excavation 1. Regular excavation shall consist of excavation of materials necessary for construction of roadways, ditches, sidewalks, building pads, retention ponds, and other surfaces as shown in the Plans. Excavated material suitable for embankment shall be utilized in areas requiring fill, with all excess material spread or stockpiled on site where shown on the Plans or as directed by the OWNER'S Representative. C. Swale Excavation 1. Swale excavation shall consist of excavation of swales and ditches as indicated on the Plans and shall include the utilization of suitable excavated materials in areas requiring fill with all excess material spread or stockpiled on -site where shown on the Plans or as directed by the OWNER'S Representative. D. Subsoil Excavation 1. Subsoil excavation shall consist of the excavation and off -site disposal of muck, clay, roots, or any other material that is determined to be unsuitable by the OWNER'S Geotechnical Engineer in its original position, and that is excavated below the finished grading template. If provided in the Plans or Contract Documents, unsuitable material shall be stockpiled in areas on -site designated by the OWNER. -° 8/1/03 SECTION 02820 119842 Page 2 of 17 1602 E. Rock Excavation Rock excavation shall consist of excavation of rock and boulders necessary for construction of roadways, ditches, lakes, and other cut sections shown on the Plans. It shall also include the utilization and disposal of excavated rock and boulders according to Articles 3.02, 3.03, and 3.04 in this Section. For the purpose of classifying rock excavation as a pay item, the rock strata encountered shall be of such thickness and hardness as to preclude removal by using a modern three - quarter yard hydraulic backhoe maintained in excellent operating condition. F. Rock Blasting 1. All blasting conducted under this Contract shall strictly comply with the provisions of all laws and ordinances. All required blasting permits shall be the responsibility of the CONTRACTOR. The pattern of drilling shall be determined by the CONTRACTOR, unless otherwise specified, in order to meet the requirements of Articles 3.02 in this Section. G. Rock Crushing If rock crushing is listed as a pay item in the Proposal, rock shall be crushed so that at least 97 percent (by weight) of the material shall pass a 3 -1/2 inch sieve, and the material shall be graded uniformly down to dust. The crushed rock shall have an average limerock bearing ratio (LBR) value of not less than 100. H. Lake Excavation (Unclassified) Lake excavation (unclassified) shall consist of excavation of all material necessary for construction of lakes according to the depths, dimensions, side slopes, and in the locations shown in the Plans. It shall also include the utilization of excavated materials and the disposal of unsuitable materials in accordance with Articles 3.02 and 3.03 in this Section. All materials excavated shall be considered as "unclassified ". CONTRACTOR shall be responsible for any investigation of subsurface conditions and subsequent determination of the amount of rock, roots, and other materials to be incorporated into his price. 2. CONTRACTOR shall construct the lake banks in strict accordance with the ordinances or laws governing the excavation. All slopes must be equal to the specified slopes or flatter. The bottom of the lake shall not be excavated below the specified depth without prior written approval of the OWNER and the governing agency. 6/1/03 SECTION 02820 119842 Page 3 of 17 16D2 Structure Excavation Work specified in this Subarticle consists of excavating for bridge foundations, box culverts, pipe culverts, sewers, pipe lines, retaining walls, pump stations, manholes, inlets, catch basins, sewage, and water treatment plants and other similar type facilities shown on the Plans. It shall also include (1) the construction and removal of cofferdams, sheeting, bracing, etc.; (2) dewatering; (3) disposal of structures (of whatever type) encountered during excavation; (4) disposal of unsuitable materials, (5) bedding materials; (6) backfilling and the compacting thereof; (7) utilization of excess suitable materials according to Article 3.02 this Section. 2. Material excavated (of whatever nature) shall be classified for utilization or disposal according to Articles 3.02 and 3.03. The excavation shall be of such size and depth as to facilitate the construction and /or installation of each structure according to the location and elevations shown in the Plans. Rock blasting, rock excavation, demolition of structures or foundations, or any unusual or undefined Work that may be necessary to complete the excavation for a structure shall be considered as Work included in Structure Excavation. 3. If the excavation requires the use of cofferdams, dewatering, sheeting, or bracing, all such Work will be done in strict compliance with all permit requirements and any laws or ordinances that may apply to the Work being performed. It shall be the responsibility of the CONTRACTOR to familiarize himself with any regulations applicable and to satisfy said regulations at his own expense. 4. The structure shall be constructed or laid in dry dewatered excavation, unless otherwise approved by the ENGINEER. In such cases where the excavation is unstable or has water in sufficient quantities that make uniform bedding impossible, the bottom of the excavation shall be stabilized as required. If crushed stone is used, it shall be a uniformly graded, angular material which conforms to ASTM C33 and according to the sieve analysis listed below. 100% passing finch 90 -100% passing % inch 20 -55% passing 3/8 inch 0 -10% passing #4 0 -5% passing #8 5. After the structure is complete, backfilling shall be performed in a careful manner so as not to disturb or damage the completed structure. The backfill material shall conform to the requirements of Subarticle 3.04.C., except that the size of rock shall not exceed 6/1/03 SECTION 02820 119842 Page 4 of 17 1602 3 -1/2 inches in diameter. The backfill material shall be compacted to the same or greater density as the adjacent existing earth. Rock Burial Work specified in this Subarticle consists of excavating and stockpiling of overburden, hauling and placing rock into the excavated area, covering the rock with overburden from the stockpile, and utilizing all excess overburden. The proposed rock burial areas shall be as shown in the Plans and /or as designated by the OWNER on- site- After completion of the clearing and cross - sectioning of the proposed rock burial areas, CONTRACTOR shall excavate the overburden material down to the top of cap rock or as shown in the Plans or as directed by the OWNER'S, Representative. The excavated overburden shall be stockpiled nearby for use in the covering process. The excavation area shall then be cross- sectioned by the OWNER'S Representative. After cross - sectioning, rock and boulders from previous excavation shall be loaded, hauled, and placed into these areas. During the placement of rock, enough fine material from the overburden stockpile shall be deposited and compacted between individual rocks or boulders so as to completely fill any voids that may occur during placement of such rocks. The top of the deposited rock shall be a minimum of three feet below the proposed finished grade or as otherwise specified in the Plans. After the rock placement is complete, the stockpiled overburden shall be placed over the rock to a minimum depth of three feet to the specified elevation and in accordance with the requirement of Article 3.04 of this Section. 5. After the finish grading is complete, all excess stockpiled overburden shall be utilized in other embankment areas according to the provisions of Article 3.04. 6/1/03 SECTION 02820 119842 Page 5 of 17 1602 3.02 UTILIZATION OF EXCAVATION MATERIALS A. General 1. All excavated materials suitable for embankment shall be utilized in the embankment areas shown in the Plans or as otherwise specified in the Contract Documents. After the requirements for embankment have been satisfied, the surplus suitable excavated material shall be deposited in areas on -site as directed by the OWNER'S Representative, unless otherwise specified in the Contract Documents. 2. On Projects where excavation does not provide enough material to satisfy embankment requirements, excavated materials shall first be utilized in the roadway or other permanent structure embankment, then into other embankment areas shown in the Plans. B. Classification of Materials 1. Material shall be classified as "suitable" if it meets all the requirements of Subarticle 3.04.C. of this Section. A rock strata that can be blasted, split, or screened to meet the requirements of Subarticle 3.04.C. shall be considered as "suitable" for embankment. 2. Material such as muck, or any other material containing excessive amounts of organic, sift, clay, or other deleterious materials shall be classified as unsuitable for embankment, unless otherwise specified or classified by the ENGINEER. 3. The term "unclassified" simply refers to material that has not been defined as suitable or unsuitable. 4. If a dispute arises over the classification of materials, the final determination shall be made by the ENGINEER. C. Rock and Boulders 1. Rock and boulders shall be utilized on -site as embankment, otherwise specified. If it cannot be utilized in its natural state, it shall be blasted in such a manner that the excavated rock will meet the requirements of Subarticle 3.04.C. of this Section. If that is not practical, it may be disposed of off -site and replaced with an acceptable material. In all cases, the alteration or replacement of excavated material shall be at the CONTRACTOR'S expense, unless otherwise provided in the Plans or Contract Documents. 6/1/03 SECTION 02820 119842 Page 6 of 17 16D2 D. Existing Pavement All existing asphalt pavement including the base course shall be utilized on -site as embankment, unless otherwise specified. The pavement structure shall be scarified or similarly broken up to satisfy the requirements of Subarticle 3.04.C. Care shall be taken to utilize the broken asphalt pavement and base course in areas that will not adversely affect future landscape plantings or building pad related Work such as footings, rough plumbing, electrical, etc. 2. All existing concrete pavement, sidewalk, curb and gutter, or similar surfaces shall be disposed of off -site, unless otherwise specified or directed by the ENGINEER. At the CONTRACTOR'S option, and at his expense, he may break up the concrete and mix with enough fines for incorporation into embankment areas, provided he follows the same conditions required for the utilization of asphalt pavement. E. Muck Although muck or other material high in organic content will not generally be permitted in embankment areas, certain conditions may require or permit its utilization. Muck will not be permitted in embankment, unless specifically stated on the Plans or specified herein. When so specified the placement of muck or other similar material will only be permitted outside of an imaginary downward 2:1 slope starting from the outward edge of roadway structure or other permanent structure. F. Top Soil Where top of the existing surface is high in organic content, it may be necessary to strip the topsoil and reuse it or dispose of it. Topsoil shall be stripped and stockpiled on -site for later use as a layer under sod, grassing, or in landscaped areas. When an item of topsoil is not listed as a separate pay item in the Contract Documents, the placement of the stockpiled topsoil shall be included in the item of Clearing and Grubbing or Excavation. When topsoil is listed as a pay item, it shall be placed in locations shown in the Plans to a specified thickness and to a finished elevation that will allow for the placement of sod, ground cover, or other landscape related surface. 2. The material utilized as topsoil shall be suitable for plant growth and free from appreciable quantities of hard clods, stiff clay, hardpan, gravel, brush, large roots, refuse, or other deleterious materials. The organic content shall be at least 1 -1/2 percent. The characteristics of the material shall be such that it can be adjusted to have a pH value between 5.0 and 8.0, or as approved by the ENGINEER. 3.03 DISPOSAL OF EXCAVATED MATERIALS 6/1/03 SECTION 02820 119842 Page 7 of 17 16D2 A. Disposal of Surplus Materials Ownership of all suitable excavated materials shall be retained by the OWNER, otherwise stated in the Plans or Contract Documents to be surplus material. When so specified, the surplus material shall become the property of the CONTRACTOR to be disposed of outside the Project limits. The cost of the disposal and furnishing the disposal area shall be included in the item requiring excavation and no additional compensation will be given. Disposal of Unsuitable Materials Unsuitable excavated material as defined in Subarticle 3.02.6. shall become the property of the CONTRACTOR to be disposed of outside the Project limits. The cost of the disposal and furnishing the disposal area shall be included in the item requiring excavation and no additional compensation will be given. 3.04 EMBANKMENT A. General 1. Embankments shall be constructed true to lines and grades shown in the Plans or ordered by the ENGINEER. Material used in embankments shall be obtained from on -site excavation and /or from off -site borrow sources secured by the CONTRACTOR. Site Preparation Subsequent to clearing and prior to placement of embankment material, the existing earth surface shall be compacted six feet beyond the building and pavement structure limits and in other areas shown in the Plans or stated in the Supplementary Conditions. The existing surface shall be compacted at a moisture content such that the specific density requirement can be attained. Soil one foot below the compacted surface shall attain a density of 95 percent of the maximum theoretical density as determined by the Modified Proctor Density (ASTM D1557). Field density tests shall be conducted in accordance with ASTM D1556, D2167, D2922, or D2937 (latest revisions) by a certified engineer laboratory or soils engineer approved by the OWNER. The location and number of the tests shall be determined by the ENGINEER. 6/1/03 SECTION 02820 119842 Page 8 of 17 1602 C. Requirements for Embankment Materials 1. Embankments shall be constructed of material containing no muck, stumps, roots, brush, vegetable matter, rubbish, or other material that will not compact into a suitable and enduring roadbed or similar foundation. Material designated as unsuitable in the soil borings or classified as unsuitable by the ENGINEER shall be removed from the embankment and disposed of off -site. Utilization of material in embankment construction shall be in accordance with Plan details or as directed by the ENGINEER. 2. The maximum size of rock which will be permitted in the completed embankment are as follows: In top 12 inches 3 1/2 inches 12 inches to 2 feet 6 inches In the 2 feet depth below Not to exceed the compacted thickness of the Mayer being placed 3. When and where approved by the ENGINEER, the CONTRACTOR may place larger rocks outside the 2 to 1 slope of any structure embankment. Where such rock is utilized in any embankment, enough fine material shall be deposited and compacted between individual rocks so as to completely fill any voids that may occur during the placement of such material. No rock shall be utilized in any building pad embankment areas. D. Borrow Material 1. The use of borrow material shall be resorted to only when sufficient quantities of suitable material are not available from the various types of excavation required on the Drawings. When borrow is required, the material shall conform to the requirements of Subarticle 3.04.C. and shall be approved by the ENGINEER prior to placement. Borrow material shall be obtained from areas furnished by the CONTRACTOR at his expense. Borrow sources shall comply with all local requirements applicable for the excavation and sale of fill material. E. Construction Requirements Embankment material shall be placed in horizontal layers not to exceed 12 inches thickness measured loose. Each layer shall be leveled and compacted in accordance with Subarticle 3.04.F. Where the material is deposited in water or on unstable ground that.will not support the weight of hauling equipment, the fill shall be constructed by dumping successive loads in a uniform layer of a thickness not greater than necessary to support the hauling equipment while placing 6/1/03 SECTION 02820 119842 Page 9017 1602 subsequent layers. These subsequent layers shall then conform to the thickness and compaction requirements stated above. 2. When embankments are constructed on a hill or slope, slope shall be "stepped" so as to permit the embankment to be placed in horizontal layers and compacted as stated above. Upon completion of the embankment steps on a slope, steps shall be dressed to conform to the specified slope. 3. For any embankments not covered above, construction methods shall be approved by the ENGINEER prior to placement. Compaction Requirements Materials shall be compacted at a moisture content such that the specific density can be attained. If necessary, water shall be added to the material, or the moisture content shall be lowered by manipulating the material or allowing it to dry, as is appropriate. Each layer of material shall be compacted by the use of a smooth drum vibratory roller or other method approved by the ENGINEER. Field density tests shall be conducted in accordance with ASTM D1556, D2167, D2922, or D2937 (latest revisions) by a certified engineer laboratory or soils engineer approved by the OWNER according to the Compaction Requirements stated below: Embankment Area Density' Frequency /Lift Building Pads2 95% 1 Ea /2000 SF Pavement Areas' 95% 1 Ea /1000 SY Retention Areas" 95% 1 Ea /1000SY Other Areas N/A N/A ' The percentage listed shall be the minimum acceptable amount of the maximum theoretical density as determined by the Modified Proctor Density (ASTM D1557). ' Includes future building pads and lots. ' Includes any permanent pavement structure such as curb and gutter, sidewalk, roadway, shoulder, driveway, or any other similar surface. ' Includes earth berms, water retention slopes, dikes, and other similar areas. 3. CONTRACTOR shall be responsible for scheduling of all soil testing. These soil testing costs shall be borne by the OWNER, except that in the event of a test failure all subsequent tests required to pass density shall be at the expense of the CONTRACTOR. The OWNER may deduct this expense from the CONTRACTOR'S payment or request payment directly from CONTRACTOR. 6 /1/03 SECTION 02820 119842 Page 10 of 17 3.05 FINISH GRADING A. General As a final grading operation the surface of the earthwork shall be shaped to conform to the lines, grades, and contours shown on the Plans. For cuts or fills where plant growth will be established, slopes shall be left in a roughened conditions as approved by the ENGINEER. Hand dressing will not be required except as necessary in confined areas where equipment operation is restricted. 2. CONTRACTOR shall take necessary precautions to prevent erosion of slopes before and after finish grading. Any erosion of whatever consequence shall be repaired at the expense of the CONTRACTOR until final acceptance of the Project. B. Tolerances In final shaping of the surface of earthwork a tolerance of 0.1 foot above or below the Plan elevations and contours will be allowed with the following exceptions: a. In areas where sod, ground cover, or other finish landscape surface will be used, an allowance shall be made for the thickness of sod, etc. that will result in the finish landscape elevation to be within the above tolerance. b. Earthwork shall be shaped to match adjacent pavement, curb, sidewalk, structures, etc. with applicable allowance for sod, etc. C. Ditch bottoms may have a higher tolerance as approved by the ENGINEER provided that no water will be impounded. 3.06 METHOD OF MEASUREMENT A. General VOLUMETRIC - When payment is made on a volumetric basis, calculations shall be based on the method of average end areas or the grid cell method, unless the ENGINEER determines that another method will provide a more accurate result. The existing elevations shown on the Plans or field survey taken by the ENGINEER shall be incorporated into the volume calculations. Should any of these existing elevations appear to be in error, the CONTRACTOR shall notify the ENGINEER in writing and resolve the dispute prior to disturbing the existing surface in question. Once the existing surface is disturbed by clearing, excavating, or any other construction, the 6/1/03 SECTION 02820 119842 Page 11 of 17 1602 — CONTRACTOR'S right to dispute the existing elevations shown by the ENGINEER will be nullified. After the excavation or embankment is completed, the finished surface shall be measured in place by field survey and these cross sections shall be incorporated into the volume calculations. 2. LOOSE VOLUME - In special cases as shown in the Contract Documents, payment shall be made on a loose volume basis as measured in trucks or other hauling equipment. The volume capacity of each truck shall be measured and recorded by the OWNER'S Representative. Before unloading on -site, the OWNER'S Representative shall compare the loaded truck to its recorded capacity and record the actual volume on the load ticket. Only bad tickets that have been so recorded and collected by the OWNER'S Representative at the point of dumping shall be included in the quantity for payment. 3. LUMP SUM - The Proposal may contain items of Work that are to be paid for on a lump sum basis. Additionally, the Contract Documents may provide for a lump sum payment for the entire Project. The lump sum payment for individual items or for the entire Project shall constitute full compensation for the completion of all Work specified in the Plans and Specifications. 4. PLAN QUANTITY - When cross - sectioning finished surfaces is not feasible, the ENGINEER may specify the final pay quantity of any item to be the original Plan quantity. When so specified in the Contract Documents, such quantity will be revised only in the event that it is determined to differ by more than 10 percent of the original Plan quantity. Such revisions will be determined by calculation of quantities from the Plan sheets as applicable. Field measurement will not be considered except to verify that the Work was accomplished in substantial compliance with the Plan dimensions. B. Regular Excavation 1. Measurement of regular excavation shall include only the net volume of material excavated between the original ground surface and the surface of the completed earthwork. The pay quantity shall be the Plan quantity in accordance with Subarticle 3.06.A., unless otherwise stated in the Contract Documents. C. Swale Excavation 1. Measurement of Swale excavation shall include only materials excavated within the line and grades indicated in the Plans or as directed by the ENGINEER. Measurement may be by volume or lineal as called for in the Contract Documents. 611/03 SECTION 02820 �` 119842 Page 12 of 17 1602 D. Subsoil Excavation Measurement of subsoil excavation shall include only material excavated within the lines and grades indicated on the Plans or as directed by the ENGINEER. Where the limits of subsoil excavation are not shown or vary from the limits shown on the Plans, the pay quantity shall be determined by cross - sectioning measurements in accordance with the volumetric method described in Subarticle 3.06.A. When the final pay quantity is more or less than the original Plan quantity, an appropriate adjustment shall be made to the applicable pay quantity for imported fill so that the loss or increase is compensated, provided that the unsuitable material is to be disposed of off -site. A lower than Plan volume will require less fill replacement and a higher than Plan volume will require more fill replacement than originally calculated. However, if the subsoil excavation is displaced by on -site excavation, a quantity adjustment will not be made. Where no separate pay item is included in the Contract, all such Work involving the excavation and disposal of unsuitable material shall be considered incidental to the cost of the applicable excavation item. E. Rock Excavation When rock excavation is listed as a separate pay item in the Contract Documents, measurement of rock excavation shall be by cross - sectioning method prior to and after the rock layer is excavated. CONTRACTOR shall allow enough time between operations to facilitate this field survey Work. 2. If rock excavation is not listed as a separate pay item in the Contract Document, the cost of all such Work, including blasting, shall be included in the unit price for Regular Excavation, Swale Excavation, Subsoil Excavation, Lake Excavation (Unclassified), or other items which may require the excavation of rock or boulders. F. Rock Blasting When listed as a pay item in the Contract Documents, rock blasting shall be paid by the square yard, acre, cubic yard, or lump sum for the actual quantity of rock blasted that meets the requirements of Article 3.02 and Subarticle 3.04.C. 2. When rock blasting is not listed as a pay item, any blasting or splitting of rock necessary to facilitate the excavation of rock shall be included in the item of rock excavation. If rock excavation is not listed as a pay item, any such blasting or splitting shall be included in the cost of whatever Work that may require rock excavation and no additional compensation will be provided. 6/1/03 SECTION 02820 119842 Page 13 of 17 1602 G. Rock Crushing When listed as a separate pay item in the Contract Documents, rock crushing shall be paid by the cubic yard on a volumetric basis. Prior to crushing, the existing surface of the proposed stockpile area shall be cross - sectioned by the OWNER'S Representative. After crushing has been completed, and with the crushed material in a stockpile, the stockpile shall be cross - sectioned by the OWNER'S Representative. The volume of the stockpile shall then be calculated by either a grid cell or average end area method. This volume shall be used for pay purposes without consideration of shrinkage or expansion. The CONTRACTOR shall be responsible for scheduling the OWNER'S Representative for cross - sectioning and shall allow sufficient time in his schedule for the completion of such Work. 2. The utilization of crushed rock shall be included in the cost of the excavation item requiring rock excavation according to the provisions of this Section. H. Lake Excavation (Unclassified) 1. Measurement of lake excavation (unclassified) shall include only the net volume of material excavated between the ground surface after clearing and the finish slopes and bottom of the lake using the volumetric method as described in the first paragraph of Subarticle 3.06.A. The CONTRACTOR shall be responsible for scheduling the OWNER'S Representative to cross - section the existing surface of the proposed lake after the clearing has been completed and prior to commencement of blasting or lake excavation. The CONTRACTOR shall allow sufficient time for the OWNER'S Representative to complete such cross - sectioning Work. Any unauthorized over digging or excavation below the Plan bottom elevation will not be included in the measurement for payment. 2. If the initial expense of the lake Sections is to be paid for by the OWNER, the CONTRACTOR shall not request said Section until he has notified the OWNER that he has shaped the bank slopes per the permitted design slopes and depths. 3. If the sections indicate that the depths or bank slopes do riot conform to the permitted design slopes or indicate that they are steeper, the CONTRACTOR shall correct the deficiency. Further, the CONTRACTOR shall pay for the expense of resectioning the lakes to document that said correction has been accomplished. 4. OWNER shall have the option of deducting the resectioning costs from the CONTRACTOR'S payment, or the OWNER may request separate payment directly from the CONTRACTOR. .-.. 6/1/03 SECTION 02820 119842 Page 14 of 17 1602 Structure Excavation Unless otherwise specified, there shall be no measurement for structure excavation. The cost of structure excavation shall be incidental to the cost of the applicable structure and no separate pay item will be established. J. Rock Burial Measurement of rock burial shall be on a volumetric basis, unless otherwise specified in the Contract Documents. Payment shall be made for the net volume of material excavated below the existing elevation after clearing. The CONTRACTOR shall be responsible for scheduling the OWNER'S Representative to cross - section the existing surface after clearing and to cross - section the burial area after excavation. Sufficient time shall be allowed for this purpose. Payment shall be by the cubic yard at the unit price established in the Contract Documents. Such unit price shall be full compensation for all excavation, stockpiling, loading, hauling and placing rock, overburden replacement over rock, and utilization of all excess overburden. K. Pavement Removal Measurement for pavement removal shall be by the square yard as measured in place prior to removal, unless otherwise specified in the Contract Documents. When no separate pay item is included, the cost of such Work shall be incidental to the item of clearing and grubbing or excavation as applicable. L. Topsoil Measurement for topsoil shall be by the square yard as measured in place in locations shown in the Plans or as directed by the ENGINEER. Placement of topsoil shall be to the thickness specified in the Plans or Contract Documents, and it shall include the cost of furnishing the material as specified in Subarticle 3.02.F. If enough excavated material is not available to satisfy the topsoil requirements, suitable topsoil shall be imported and the cost of furnishing and hauling this imported material shall be included in the unit price of the topsoil item. 6/1/03 SECTION 02820 119842 Page 15 of 17 1602 M. Embankment 1. When there is not enough suitable excavated material to satisfy the requirements of embankment, a separate item called Embankment or Borrow may be established in the Contract Documents to facilitate completion. Payment will be made only for material required to complete the embankment to the Plan dimensions and elevations. Material placed beyond the limits shown on the Plans will- not be measured for payment. 2. For embankment the pay quantity shall be the Plan quantity, unless otherwise stated in the Plans or Contract Documents. The measurement for embankment shall be the in place volume of material placed above the original surface elevation within the dimensions and elevations indicated on the Plans less the neat volume of excavation. No allowance will be made for subsidence or shrinkage. 3. For borrow the pay quantity shall be made on a loose volume basis, otherwise specified in the Plans or Contract Documents. The method of measurement shall be in accordance with the second paragraph of Subarticle 3.06.A., LOOSE VOLUME. N. Berm Construction 1. Measurement for berm construction shall include only materials excavated within the lines and grades indicated in the Plans or as directed by the ENGINEER. Measurement may be by volume or lineal as defined in the Contract Documents. O. Finish Grading 1. Measurement for finish grading shall only include areas that require a change in elevation to meet the new design grade. Placement of sod to an existing elevation would require. finish grading to facilitate placement of sod. If there is no pay item for finish grading, the cost of all such Work shall be incidental to the applicable item of excavation or embankment. 3.07 BASIS OF PAYMENT A. General 1. Prices and payments for the various Work items included in this Section shall constitute full compensation for all Work described herein and shall include excavation, hauling, placing, compacting, and dressing of the finish surface. Said payments shall also include the following items when no separate pay item is included in the Contract: 6/1/03 SECTION 02820 119842 Page 16 of 17 1602 a. Removal and disposal of existing pavement b. Clearing and grubbing C. Providing disposal areas d. Furnishing of borrow areas e. Permits and waiver costs B. Excavation and Embankment 1. Cost of utilizing suitable excavated materials and disposing of unsuitable excavated materials shall be included in the cost of the applicable excavation item, unless otherwise stated in the Plans or Contract Documents. 2. When separate classifications of excavation and /or embankment are listed as pay items in the Contract, the quantities determined as provided above shall be paid at the Contract unit price per cubic yard, square yard, lineal foot or lump sum as applicable. Such payment shall constitute full compensation for all items as described in this Section or as stated in the Plans or Contract Documents. 3.08 PAY ITEMS A. For all Work specified in this Section, payment shall be made in accordance with the list of pay items established or as otherwise defined in the Contract Documents. The description of a pay item in the Proposal Section may vary from the descriptions stated in this Section. END OF SECTION 02820 8/1/03 SECTION 02820 119842 Page 117 of 17 16D2 SECTION 02828 CHAIN LINK FENCE AND GATE PART1 GENERAL 1.01 SCOPE A. Work specified in this Section covers materials and Work necessary for the chain link fence and gate, complete as shown on the Plans. 1.02 MANUFACTURER A. Like items of materials provided hereunder shall be the end products of one manufacturer in order to achieve standardization for appearance, maintenance, and replacement. 1.03 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART PRODUCTS 2.01 FENCE MATERIALS A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing standard of quality and general configuration. Products of other manufacturers will be considered in accordance with the General Conditions. B. Materials shall be new and products of recognized, reputable manufacturers. Used, rerolled, or regalvanized materials are not acceptable. C. All materials shall be hot -dip galvanized after fabrication. Posts and other appurtenances shall have a minimum zinc coating of 1.2 ounces per square foot of surface. D. Fabric: Chain -link fence fabric, 72 inches high, woven of Number 9 gauge wire in two inch diamond mesh pattern, selvages twisted and barbed, galvanized after weaving with 1.2 ounce zinc coating, meeting the requirements of ASTM A 392, Class 1. E. Posts: Federal Specification RR -F -191, fence, posts, gates, and accessories, except as hereinafter modified. Standard lengths for setting in ground or in concrete as required for conditions shown. F. Line Posts: Use galvanized 2 '/z inch outside diameter, meeting the requirements of ASTM A120, Schedule 40 steel pipe, weight 3.65 pounds per linear foot. i Il=.04- 120585 Ve ML M 16D2 G. End, Corner, Angle and Pull Posts: For end, corner, angle, and pull posts, use 2.875 inch outside diameter standard weight steel pipe, weight 5.79 pounds per linear foot. H. Gate Posts: For single -swing gates up to six feet wide, 2.875 inch outside diameter, 5.79 pounds per foot. For single gates six feet wide to 13 feet wide, four inch outside diameter, 9.1 pounds per foot. For other sizes, follow manufacturer's recommendations. I. Post Tops: Post tops shall be pressed steel, or malleable iron, designed as a weather -tight closure cap for tabular posts. Provide one cap for each post, unless equal protection is afforded by combination post top cap and barbed wire supporting arm where barbed wire is required. Where top rail is used, provide tops to permit passage of top rail. J. Tension Wire: Tension wire shall be zinc or aluminum-coated coil spring steel wire not less than Number 7 gauge (0.177 inch in diameter). Provide tie clips of manufacturer's standard as approved for attaching the wire to the fabric, at intervals not exceeding 24 inches. K. Stretcher Bars: Stretcher bars shall be 3/16 inch by '14 inch. Provide one stretcher bar for each gate and end post and two for each corner and pull post. L. Stretcher Bar Bands: Bar bands shall be heavy pressed steel, spaced not over 15 inches on center to secure stretcher bars to tubular end, corner, pull, and gate posts. M. Top Rail: Not less than 18 foot long tubular steel, 1 -5/8 inch outside diameter, weight 2.27 pounds per linear foot, couplings to be outside sleeve type and at least six inches long. Provide springs at one coupling in five to permit expansion in rail as recommended by the manufacturer. Top rail to extend through line pot tops to form continuous brace from end-to -end of each fence. N. Brace pipe shall be of the same material as the top rail and shall be installed midway between the top rail and extend from the terminal post to the first adjacent line post. Braces shall be securely fastened to the posts by heavy pressed steel and malleable fittings, then securely trussed from line post to base of terminal post with a 3/8 inch truss rod and tightener. O. Fittings: Malleable steel, cast iron, or pressed steel, galvanized to meet the requirements of ASTM A153. Fittings to include extension arms for barbed wire, stretcher bars and clamps, clips, tension rods, brace rods, hardware, fabric bands and fastenings, and all accessories. Provide 45 degree bracket type supports to accommodate three strands of barbed wire as shown. 6/1/03 SECTION 02828 120585 Page 2 of 6 1602 P. Barbed Wire: Four -point pattern with two strands of Number 12 -1/2, two - gauge wire, and one -inch barbs five inches apart. Zinc- coated barbed wire shall meet requirements of ASTM A121, Class 3; aluminum coated barbed wire to ASTM A585. 2.02 GATE MATERIALS A. Gate shall be swing or sliding as indicated, complete with latches, stops, keepers, hinges, or rollers, and roller tracks. B. Gate frames shall be constructed of tubular members welded at all corners or assembled with fittings. On steel, welds shall be painted with zinc -based paint. Where corner fittings are used, gates shall have truss rods of 5/16 inch minimum nominal diameter to prevent sag or twist. Gate leaves shall have vertical intermediate bracing as required, spaced so that no members are more than eight feet apart. Gate leaves ten feet or larger shall have a horizontal brace or one 5/16 inch minimum diagonal truss rod. When fence has barbed - wire top, the end members of the gate frames shall be extended one foot above the top horizontal member to which three strands of barbed wire, uniformly spaced, shall be attached by use of bands, clips, or book bolts. C. Fabricate frames of standard weight pipe 1.90 inch outside diameter, weight 2.72 pounds per linear foot. D. Gate fabric shall be the same type as used in the fence construction. Fabric shall be attached securely to the gate frame at intervals not exceeding 15 inches. E. Gate hinges shall be of adequate strength for gate and with large bearing surfaces for clamping in position. Hinges shall not twist or turn under the action of the gate. Gates shall be capable of being opened and closed easily by one person. F. Gate latches, stops, and keepers shall be provided for all gates. Latches shall have a plunger bar arranged to engage the center stop, except that for single gates of openings less than 10 feet wide a forked latch may be provided. Latches shall be arranged for locking with padlocks. Center stops shall consist of device arranged to be set in concrete and to engage a plunger bar on the latch of double gates. No stop is required for single gates. Keepers shall consist of a mechanical device for securing the free end of the gate when in the full open position. G. Double Gate: Size and configuration shall be as indicated. Provide gate stops for all double gates, consisting of mushroom type or flush plate with anchors. Set in concrete to engage the center drop rod or plunger bar. Provide locking device and padlock eyes as an integral part of the latch, requiring one padlock for locking both gate leaves. 6/1/03 SECTION 02828 120585 Page 3 of 1602 H. Sliding Gate: Provide manufacturer's standard heavy -duty track, ball- bearing hanger sheaves, overhead framing and supports, guides, stays, bracing, and accessories as required. All sliding gates shall be rolling, cantilever slide, or overhead (top) suspended, as indicated on Plans. Rolling gate track rollers shall be malleable iron or heavy pressed steel construction, with provision for regular grease lubrication. Ground rollers shall have malleable iron or heavy pressed steel hubs with similar provision for lubrication. Gate track shall be Schedule 40 pipe, firmly attached to support posts on seven foot maximum centers. Gates more than eight feet in height shall have three tracks. Rolling gate frames shall be constructed similar to swing gates except diagonal bracing shall reflect different support type. Cantilever gate rollers shall have heavy malleable rollers, needle or ball bearings with fittings for regular lubrication. Maximum spacing of support posts is ten feet. Additional weight supporting posts with lower roller shall be provided on ten -foot maximum centers. Support posts shall be four inch diameter, Schedule 40, set 36 inch minimum depth. Top and lower rails of gate shall be 2 -3/8 inch O.D., Schedule 40 pipe. Vertical support posts shall be on six foot maximum spacing, 1 -7/8 inch O.D. by Schedule 40 pipe, all diagonal bracing 1 -5/6 inch O.D. by Schedule 40 pipe, all connections welded and painted. K. Keeper: Provide keeper for all vehicle gates, which automatically engages the gate leaf and holds it in the OPEN position until manually released. 2.03 CHAIN AND LOCK MATERIALS A. Immediately upon installation of chain link fence and gates, case hardened chain of adequate length to secure gate and a locked padlock shall be installed to keep the site clear except when CONTRACTOR is working on site. Padlocks shall be Master, Size 3, with Master key Number 3623. B. If the above Master keyed padlocks are not available from the supplier at the time of enclosure installation, other padlocks shall be installed until such time as the specified locks are available. 2.04 CONCRETE A. All concrete and concrete Work shall conform to the following specifications, unless otherwise noted on the Plans. All concrete specified in this Section shall attain a minimum compressive strength of 3000 psi in 28 days. B. Concrete Mix Materials: Coarse aggregate shall be hard, clean, washed gravel or crushed stone. The maximum aggregate size shall not be larger than one inch nor smaller than 1/] inch equivalent diameter. Fine aggregate shall be clean, sharp sand. Water shall be clean, fresh, free from injurious amounts of materials, organic substances, acids, or alkalis. Cement shall be _ 6/1/03 SECTION 02828 120585 Page 4 of 1602 Type I, Domestic Portland Cement, conforming to ASTM C150, latest revision. C. Concrete Admixtures: Air entrainment admixtures in concrete are permitted in accordance with manufacturers specifications provided the specified strength and quality are maintained, and unless the admixtures appear to be causing abnormal field results, and provided that the total entrained air content does not exceed 5.0 percent. No other admixture of any type will be permitted without the written approval of the ENGINEER. D. Transit or Ready -Mixed Concrete: Transit or ready -mixed concrete may be used provided it meets the requirements of ASTM C94, Ready -Mixed Concrete, specifications herein stated, and provided the central plant producing the concrete, the hatching, mixing and transportation equipment, in the opinion of the ENGINEER, is suitable for the production and transportation of the specified concrete. PART 3 EXECUTION 3.01 INSTALLATION OF CHAIN LINK FENCE AND GATE A. Installation of fencing shall meet the requirements of ASTM F567. Fencing shall be installed in straight lines between angle points. Fencing installation shall be in accordance with the manufacturers recommendations and with these Specifications. Postholes shall be a minimum depth of three feet below finished grade. Holes for line posts shall be nine inches in diameter. Holes for gate, comer, and pull posts shall be 16 inches in diameter. Post space shall not exceed 10 feet on centers and in true lines. Posts shall be plumb and to a depth of two feet, 10 inches. Top rail of the fence shall be at the top of the fabric. Remainder of hole shall have concrete around the posts to a point two inches above finished grade. Top surface shall have a crown watershed finish. Concrete shall cure prior to installing accessories. Chain link fabric shall be fastened to end posts with stretcher bars and clamps and to line posts and top rail with wire or bands at approximately 14 -inch center and 24- inch center, respectively. Three strands of barbed wire shall be installed on the brackets. Gateposts shall be braced diagonally to adjacent line posts to ensure stability. Gates shall be hung and adjusted so gates operate from open or closed position in accordance with the manufacturers recommendations. C. Cleanup: CONTRACTOR shall clean up and finish grade all areas disturbed by his construction. 3.02 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. OWNER reserves the right to add to or deduct from the scope of the Work, and such additions or deductions will be made at the unit price established in the Proposal. 6/1/03 SECTION 02628 120585 Page 5 of 1602 END OF SECTION 02828 ._. 6/1/03 SECTION 02828 120585 Page 6 of 6 1602 SECTION 02910 LIMEROCK BASE COURSE AND STABILIZED SUBGRADE PART1 GENERAL 1.01 SCOPE A. The scope of this Section consists of furnishing materials and methods for construction of a crushed limerock base course and stabilized subgrade in accordance with the Plans and Specifications. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART2 PRODUCTS 2.01 LIMEROCK BASE A. Material for limerock base shall meet the requirements of Section 911 of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ", hereinafter referenced as "FDOTSPEC ". B. CONTRACTOR shall pay for and furnish samples of materials to the approved testing laboratory for physical and chemical analysis, together with optimum moisture and density relationships of the base material. Test reports and samples shall be required of every limerock supplier furnishing material for the Work. The source or sources of materials proposed for use shall be designated and shall not change without written consent of the ENGINEER. During the course of construction, ENGINEER may require additional tests if any visible variation occurs. C. Limerock shall be obtained from pits from which all overburden has been removed prior to blasting. It shall show no tendency to air slake or undergo chemical change under exposure to weather, limerock Miami (or Ocala) formations shall be tested to meet the following requirements: 6/1/03 SECTION 02910 120168 Page 1 of 11 1602 LIMEROCK LIMEROCK BASE STABILIZED BASE GRADE #1 GRADE #2 Minimum Limerock Bearing Ratio 40 40 (LBR) Minimum Carbonates (Calcium and Magnesium) 70 70 Maximum Liquid Limit 35 35 Maximum Plasticity Index non - plastic 10 /less Maximum Percent Clay 3 /less 3 /less D. Grade #1 Limerock as placed shall be well- graded, crushed material from either Miami or Ocala formations with at least 97 percent (by weight) of the material passing a 3 -1/2 inch sieve and shall be graded uniformly down to dust with the fines consisting entirety of dust of fracture. Grade #2 Limerock will conform to the above except that 97 percent shall pass a 1 -1/2 inch sieve. 2.02 SUBGRADE STABILIZATION A. General: Materials to be used for stabilizing shall be commercial limerock, limerock overburden, crushed, or local shell meeting the requirements of Section 914 of "FDOTSPEC ". B. Limerock and Limerock Overburden: For limerock and limerock overburden, the percentage of carbonates of calcium and magnesium shall be at least 70 percent and the plasticity index shall not exceed 10 percent. The gradation of both commercial limerock and limerock overburden shall be such that at least 95 percent (by weight) of the material will pass a 3 -1/2 inch sieve, and not less than 10 percent (by weight) of the material will pass a Number 200 sieve, and the material shall be graded uniformly down to dust. C. Crushed Shell: Crushed shell shall be mollusk shell (i.e., oysters, mussels, clams, cemented coquina, etc.). Steamed shell will not be permitted. Shell shall meet the following requirements: 1. At least 95 percent (by weight) of the material shall pass a 3 -1/2 inch sieve and at least 50 percent (by weight) of the total material shall be retained on the Number 4 sieve. 2. Not more than 15 percent (by weight) of the total material shall pass the Number 200 sieve. The determination of the percentage passing the Number 200 sieve shall be made by washing the material over the sieve. 6/1103 SECTION 02910 120168 Page 2 of 11 1602 In the event shell meets the above requirements without crushing, crushing will not be required. D. Local Shell: Local shell shall consist of a naturally occurring deposit which is essentially broken mollusk shell. The gradation of the shell shall be such that at least 95 percent (by weight) of the material will pass a 3 -1/2 inch sieve and not more than 20 percent (by weight) of the material will pass a Number 200 sieve by washing. The portion of material passing the Number 40 sieve shall have a liquid limit not greater than 30 percent and a plasticity index not greater than 10 percent. 2.03 PRIME COAT MATERIALS A. Material used for prime coat shall meet the requirements of "FOTSPEC" 300. CONTRACTOR may select any of the specified bituminous materials for use, unless the Plans or Specifications indicate use of a specific material. Types and grades of bituminous material other than those specified above may be allowed if it can be shown the alternate material will property perform the function of prime coat material. 2.04 COVER MATERIAL FOR PRIME COAT A. If an emulsified asphalt is used for prime coats, the cover material shall consist of a sand bituminous hot -mix or screenings. Sand bituminous hot - mix shall contain from two to four percent asphalt- cement, viscosity Grade AC -20, and fine aggregate consisting of a clean sand or screenings. Sand shall contain no more than 10 percent (by weight) of material passing the Number 200 sieve. The gradation of screenings used along shall be such that 100 percent will pass the 3/8 -inch sieve and not more than 10 percent will pass the Number 200 sieve. B. If material other than emulsified asphalt is used for the prime coat, cover material shall be either sand (bare or hot - asphalt coated) or screenings, at the CONTRACTOR'S option. Sand shall be nonplastic and free from any appreciable amount of sift, clay balls and root particles, and from any noticeable sticks, trash, vegetation, or other organic matter. Screenings shall be Miami oolitic rock screenings. 2.05 TACK COAT A. Unless a specific type or grade of material is called for on the Plans or Specifications, material used for tack coat shall meet the requirements of "FDOTSPEC ". Section 300. 6/1/03 SECTION 02910 120168 Page 3 of 11 1602 PART 3 EXECUTION 3.01 CONSTRUCTION OF STABILIZED SUBGRADE A. Stabilized subgrade shall be constructed of roadbed soil and subgrade stabilization materials in conformance with the lines, grades, and cross - section shown on the Plans. Prior to beginning of stabilizing operations, the area to be stabilized shall have been completed to the lines shown on the Plans and to a grade parallel to finished elevation of the stabilized subgrade. Before stabilizing material is added, the elevation of the roadbed shall be such that subgrade shall conform to requirements of the typical cross - section when the Work is completed. B. Stabilized Subgrade Minimum Bearing Value - Completed stabilized subgrade shall have minimum limerock bearing ratio value of 40 (LBR40), unless otherwise stated on the Plans or amended in the Specifications. C. Incorporation of Stabilizing Material and Mix -In 1. Spreading and Mixing: Stabilizing material shall be placed on areas to be stabilized, and spread uniformly. Stabilizing material shall be thoroughly mixed with the soil with rotary tillers or other approved equipment which is capable of achieving a satisfactory blend. Mixing shall be done as soon as practical, but not later than one week after stabilizing material is placed on the road. The area to be stabilized shall be thoroughly mixed throughout the entire depth and width of the stabilized subgrade. Maximum Particle Size of Mixed Materials: At the completion of mixing, all particles of materials within the limits of the stabilized subbase shall pass a 3 -1/2 inch ring. Any particles not meeting this requirement shall be removed or shall be broken down as to meet this requirement. 3. Planing Mixing: Mixing of the soil may be accomplished by the central plant -mix method in lieu of mixing in place, provided that a uniform mixture containing the proper amount of water is achieved. 4. Depth of Mixing Stabilizing Materials: Stabilizing material shall be mixed to the nominal depth of Stabilized Subgrade shown on the Plans. The following tolerances over or under the specified depth will be allowed: Plan Depth Tolerance 8 inches or less 1 inches Over 8 inches 2 inches 6/1/03 SECTION 02910 120168 Page 4 of 11 1602 In the event the measured depth of mixing is less than the minimum specified above, CONTRACTOR shall remix the stabilized subgrade until stabilizing material is distributed throughout the subgrade course to the required depth. ENGINEER may waive the above requirements for remixing or addition of stabilizing material and remixing for stabilized subgrade, which serves solely as a working platform for concrete paving equipment, if the subgrade as originally mixed is firm and substantially unyielding. 5. Compacting a. After mixing operations have been completed and requirements for uniformity, mixing depth and maximum particle size have been satisfied, subbase shall be shaped and compacted. Minimum density acceptable at any location within the entire limits of width and depth of the subbase will be 98 percent of the maximum density as determined by AASHTO T180. b. In the event CONTRACTOR elects to shape and compact the subgrade that will be underlying curb and gutter separate from the rest of the subgrade, additional density testing along those curb and gutter lines will be required at a minimum frequency of one test per 500 lineal feet. C. ENGINEER may waive the above density requirement for stabilized subgrade which serves solely as a working platform for concrete paving equipment, if the subgrade as compacted is firm, substantially unyielding, and no areas of excessive moisture are evident. 6. Finish Grading: Completed stabilized subgrade shall be shaped to conform with finished lines, grades, and cross - sections indicated on the Plans. Subbase shall be checked by the use of elevation stakes, or other means approved by the ENGINEER. 7. Requirements for Condition of Stabilized Subgrade: After stabilizing and compacting operations have been completed, subgrade shall be firm and substantially unyielding to the extent it will support construction equipment. All soft and yielding material, and any other portions of the subgrade which will not compact readily, shall be removed and replaced with suitable material and the whole subgrade brought to line and grade with proper allowance for subsequent compaction. 8. Maintenance of Completed Stabilized Subgrade: After stabilized subgrade has been completed as specified, CONTRACTOR shall maintain it free from ruts, depressions, and any damage resulting from the hauling or handling of materials, equipment, tools, etc. 611/03 SECTION 02910 120168 Page 5 of 11 16D2 Preparation of Subgrade a. Embankment Subgrade Soil: If the subgrade consists of embankment soil, CONTRACTOR, before undertaking this Work, shall shape and compact the subgrade to conform with the grade lines and cross - sections required for the completed Work. Unless otherwise shown on the Plans, subgrade limits shall extend through the pavement area to one foot beyond the curb line or six feet beyond pavement edge where curbs are not employed. Unless otherwise shown on the Plans, subgrade thickness shall be 12 inches. b. Undisturbed Subgrade Soil: In -place soil under Group Classification A-4 through A -7, according to AASHTO'S Soil Classification System, shall be removed and replaced unless ENGINEER directs it remain in place. Any replacement soil must be acceptable to the ENGINEER. 3.02 CONSTRUCTION OF LIMEROCK BASE A. Limerock (also referred to as "rock") base shall be constructed on the prepared subgrade in accordance with the Specifications and with lines, grades, and cross - sections shown on the Plans. Construction shall meet requirements of "FDOTSPEC ", Section 200, Limerock Base. B. Transporting Limerock: Limerock shall be transported to the point where it is to be used, over rock previously placed if practical, and dumped on the end of the preceding spread. Hauling over the subgrade and dumping on the subgrade will be permitted when, in the ENGINEER'S opinion, these operations will not be detrimental to the base. C. Spreading Limerock 1. Method of Spreading: Limerock shall be spread uniformly. All segregated areas of fine or coarse rock shall be removed and replaced with properly graded rock. 2. Number of Courses: When the specified compacted thickness of the base is greater than six inches, base shall be constructed in two courses. The thickness of the first course shall be approximately one -half the total thickness of the finished base, or enough additional to bear the weight of the construction equipment without disturbing the subgrade. D. Compacting and Finishing Base 6/1/03 SECTION 02910 120168 Page 6 of 11 1602 1. Single- Course Base: For single- course base, after the spreading is completed, the entire surface shall be scarified, then shaped so as to produce the required grade and cross - section after compaction. 2. Double- Course Base: For double- course base, the first course shall be cleaned of foreign material, bladed, and brought to a surface cross - section approximately parallel to that of the finished base. Prior to the spreading of any material for the upper course,- density tests for the lower course shall be made and ENGINEER will determine that required compaction has been obtained. After spreading of the material for the second course is completed, its surface shall be finished and shaped so as to produce the required grade and cross - section after compaction, free of scabs and laminations. 3. Moisture Content: When material does not have proper moisture content to insure the required density, wetting or drying will be required. When water is added, it shall be uniformly mixed by disking to the full depth of the course which is being compacted. Wetting or drying operations shall involve manipulation, as a unit, of the entire width and depth of the course which is being compacted. 4. Density Requirements: As soon as proper conditions of moisture are attained, material shall be compacted to a density of not less than 98 percent of maximum density as determined by AASHTO T180. Minimum density which will be acceptable at any location outside the traveled roadway (such as crossovers) shall be 95 percent of such maximum. E. Testing Frequency: At least three density determinations shall be made on each day for final compaction operation on each course, and a frequency of one test per 1000 square yards or fraction thereof of surface roadway with a minimum of three tests on each course or roadway section requiring a break in the rolling pattern. Additional tests or greater frequency may be deemed necessary by the ENGINEER. F. Checking: Prior to application of any bituminous materials, base shall be checked for grade, cross - section and thickness. Where excessive deviations occur, base shall be reworked by scarifying, adding additional materials, blading, rolling, and rebonding until such unsatisfactory condition is corrected. In general, deficiency in thickness shall be interpreted as anything in excess of 1/4 inch for the entire Work or of 1/2 inch in isolated or limited areas. Deviations from straight edge laid parallel with the centerline, or from cross - section template, shall not be more than 1/16 inch per foot from point to point of contact. Deviations from grade shall not exceed .05 (five one hundredths) foot and in no case shall such deviation vary from one extreme to the other within less than 100 feet from low to high. 3.03 PRIMING 6/1103 SECTION 02910 120168 Page 7 of 11 1602 A. Prime coat shall be applied only when the base meets specified density requirements and the moisture content in the top half of the base does not exceed 90 percent of the optimum moisture of the base material. At time of priming, base shall be firm, unyielding and in such condition that no undue distortion will occur. 3.04 MAINTAINING A. CONTRACTOR shall assure the true crown and template are maintained, with no rutting or other distortion, and the base meets all requirements at the time the surface course is applied. 3.05 CLEANING BASE AND PROTECTION OF ADJACENT WORK A. Before any bituminous material is applied, all loose material, dust, dirt, cakes clay and other foreign material which might prevent proper bonding with the existing surface, shall be removed for the full width of the application. Particular care shall be taken in cleaning the outer edges of the strip to be treated to insure the prime or tack coat will adhere. B. When the prime or tack coat is applied adjacent to curb and gutter, valley gutter or any other concrete surfaces, such concrete surfaces (except where they are to be covered with a bituminous wearing course) shall be covered with heavy paper or otherwise protected as approved by ENGINEER. Any bituminous material deposited on such concrete surfaces shall be removed. 3.06 WEATHER LIMITATION A. Prime and tack coats shall be applied when the air temperature, in the shade, is above 40EF, and when all other weather conditions and the condition of the surface are suitable. 3.07 APPLICATION OF PRIME COAT A. Rate of Application for Limerock, Limerock Stabilized, and Local Rock Bases: For these bases, rate of application shall be not less than 0.10 gallon per square yard, unless a lower rate is directed by ENGINEER. B. Sprinkling: If so required by ENGINEER, base shall be lightly sprinkled with water and rolled with a traffic roller in advance of the application of the prime. C. Partial Width of Application: If warranted by traffic conditions, ENGINEER may request that the application be made on only one -half the width of the base at one time, in which case positive means shall be used to secure the correct amount of bituminous material at the joint. - -- 611/03 SECTION 02910 120168 Page 8 of 11 1602 3.08 APPLICATION OF TACK COAT A. General: Where a bituminous surface is to be laid and a tack coat is required, tack coat shall be applied as specified herein below. B. Where Required: In general, a tack coat will not be required on primed bases except in areas that have become excessively dirty and cannot be cleaned, or in areas where the prime has cured to the extent that it has lost all bonding effect. Generally, a tack coat will be required on hot bituminous base courses before placing the surface course. C. Method of Application: Tack coat shall be applied with a pressure distributor except that on small jobs, if approved by ENGINEER, application may be by other mechanical devices or by hand methods. The bituminous material shall be heated to a suitable temperature as designated by the ENGINEER and shall be applied in a thin, uniform layer. D. Rate of Application: Rate of application shall be between 0.02 and 0.08 gallon per square yard. For tack coat applied on concrete pavement which is to be surfaced, the rate of application may exceed the upper limit, if directed by ENGINEER. E. Curing and Time of Application: Tack coat shall be applied sufficiently in advance of the laying of the bituminous mix to permit drying, but shall not be applied so far in advance that it might lose its adhesiveness as a result of being covered with dust or other foreign material. Protection: Tack coat surface shall be kept free from traffic until the subsequent layer of bituminous hot- mix has been laid. 3.09 QUALITY CONTROL A. OWNER shall select and pay the engineering testing laboratory for required testing in Work performed under this Section. Should retesting be required because of failure to pass, CONTRACTOR shall pay for additional testing required until Specification requirements are attained. CONTRACTOR shall either promptly reimburse the OWNER for said costs or shall have the amount deducted from the next month's pay request and all subsequent pay requests. In such case, the OWNER shall promptly pay the engineering laboratory for all testing costs. CONTRACTOR is herein required to schedule and make test arrangements with the test laboratory for making the required tests. Test patterns and frequency will be at the direction of the ENGINEER. Frequency of tests shown below shall be considered a minimum. 1. Subgrade - Bearing: One Limerock Bearing Value (LBR) test for each 0 -5000 square yards of subgrade plus one test for each additional 5000 square yards or fraction thereof, plus one LBR for each change of material. One subgrade in place density for each 6/1/03 SECTION 02910 120168 Page 9 of 11 1602 0 -1000 square yards of base and one test for each additional 1000 square yards or fraction thereof. 2. Base Course: One Limerock Base Course in place density for each 0 -1000 square yards of base plus one test for each additional 1000 square yards or fraction thereof (AASHTO T -180). 3.10 METHOD OF MEASUREMENT A. Quantities to be paid for under this Section shall be the area, in square yards, of stabilized subgrade and crushed limerock base completed and accepted. B. In determining the area of base to be paid for, length to be used in the calculation shall be the actual length measured along the surface of the completed base. Width shall be the actual width of base constructed within lines shown on the Plans, not to exceed the width called for on the Plans. C. In determining the area of stabilized subgrade to be paid for, length to be used in the calculation shall be the actual length measured along the surface of the completed base. Width shall be actual width of stabilized subgrade that does not exceed the width called for on the Plans. 3.11 BASIS OF PAYMENT A. Payment shall be made on a unit price basis in accordance with the accepted Proposal. OWNER reserves the right to add or deduct from the Work. Such additions or deductions will be made at the unit prices established in the Proposal. Said additions or deductions shall not exceed twenty -five percent (25 %) of the base bid of the successful BIDDER or BIDDERS without consideration of an adjustment in the unit price. 1. Compacted Base: The quantity of base, determined as provided in Section 3.10, B. shall be paid for at the Contract Unit Price per square yard for this item. Such price and payment shall be full compensation for furnishing, hauling, spreading, compacting, and surface finishing the limerock material; furnishing and placing asphaltic prime coat materials on the road, removing same if necessary, and incidental items shown on the Plans, all performed in a workmanlike manner in accordance with the Plans and Specifications. No separate payment shall be made for bituminous material, sand, or earth applied as a curing agent. 6/1103 SECTION 02910 120168 Page 10 of 11 1602 1602 SECTION 02911 ASPHALTIC CONCRETE PART1 GENERAL 1.01 SCOPE A. The Work specified in this Section consists of the construction of asphalt base courses, asphaltic concrete surfaces, asphaltic concrete friction courses, the application of prime and tack coats, and the preparation of hot bituminous mixtures used in base and surface courses. 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. A. "FDOTSPEC" (Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991), Sections: 280, 300, 320, 330, 331, 332, 333, 337. Any references to these Sections shall specifically exclude all Subsections specifying Compensation, Method of Measurement, or Basis of Payment. The Basis of Payment shall be in accordance with this Section. PART2 PRODUCTS 2.01 CERTIFICATION OF MATERIALS A. Prior to award of the Contract, CONTRACTOR shall submit proof from a state certified testing laboratory that the materials and mixes meet "FDOTSPEC ". ENGINEER may require additional tests from time to time and CONTRACTOR shall furnish said tests. Costs of said tests shall be incidental to construction and borne by the CONTRACTOR. 2.02 ASPHALT BASE COURSES A. Asphalt Base Courses shall meet the requirements of "FDOTSPEC ", Section 280, except as modified. 2.03 PRIME AND TACK COATS A. Prime and Tack Coats shall meet the requirements of "FDOTSPEC ", Section 300, except as modified. 2.04 TYPE S ASPHALTIC CONCRETE A. Type S Asphaltic Concrete shall meet the requirements of "FDOTSPEC ", Section 331, except as modified. 6/1/03 SECTION 02911 120161 Page 1 of 2 F.� 2.05 TYPE It ASPHALTIC CONCRETE A. Type 11 Asphaltic Concrete shall meet the requirements of "FDOTSPEC ", Section 332, except as modified. 2.06 TYPE III ASPHALTIC CONCRETE A. Type III Asphaltic Concrete shall meet the requirements of "FDOTSPEC ", Section 333, except as modified. 2.07 ASPHALTIC CONCRETE FRICTION COURSES A. Asphaltic Concrete Friction Courses shall meet the requirements of "FDOTSPEC ", Section 337, except as modified. PART 3 EXECUTION 3.01 ASPHALT PLANT A. The plant and methods of operation for preparing all plant -mixed hot bituminous mixtures for base and surface courses shall meet the requirements of "FDOTSPEC ", Section 320. 3.02 CONSTRUCTION EQUIPMENT A. The equipment to be used in the construction of the asphalt pavements and bases shall meet the requirements of "FDOTSPEC ", Section 320. 3.03 GENERAL CONSTRUCTION REQUIREMENTS A. The general construction procedures for plant -mixed hot bituminous pavements and bases shall meet the requirements of "FDOTSPEC ", Section 330. B. The construction of asphalt base courses shall meet the requirements of "FDOTSPEC ", Section 280. 3.04 PAYMENT A. Payment for all Work specified in this Section shall constitute full compensation for all Work described herein. The cost of prime or tack coats and bituminous materials shall not be paid for separately, but shall be included in the Contract Unit Price for the limerock or asphalt base, or the asphalt surface specified. Payment for asphalt base, surface, or-friction courses shall be for actual quantities constructed in accordance with the Plans and Specifications measured in square yards or tons as established in the Contract Documents. 6/1/03 SECTION 02911 120161 Page 2 of 2 16D2 Section 02911A 10.18 PLEXIPAVE SYSTEM APPLICATION SPECIFICATIONS ASPHALT SURFACES 1.0 DESCRIPTION This specification covers the application of a new wearing surface texture for Plexipave Tennis Courts and new or existing asphalt concrete tennis courts that have a sound, well - drained base of adequate thickness and stability. Existing surfaces should be properly sloped for good drainage, and free from cracks. The process consists of the repair of any minor depressions, followed by application of the Plexipave System. NOTE: The success of the all- weather characteristics of resurfacing is dependent on a sound base (with good drainage) and asphalt concrete meeting the requirements of The National Asphalt Paving Association and the U.S. Tennis Court and Track Builders Association. Surface variation should not exceed 1/ 8 inch in ten feet. when measured in any direction with a straightedge and a slope of 1 inch in 10 feet, all in one plane. 2.0 MATERIALS 2.1 Plexipave Court Patch Binder - shall comply with Specification 10.14 of California Products Corporation. 2.2 Plexipatch - shall comply. with Specification 10.21 of California Products Corporation. 2.3 Acrylic Resurfacer - shall comply with Specification 10.8 of California Products Corporation. 2.4 Plexipave Color Base - shall conform to Specification 10.5 of California Products Corporation. 2.5 Plexichrome - shall conform to Specification 10.1 of California Products Corporation. 2.6 Plexicolor Line Paint - shall conform to Specification 10.4 of California Products Corporation. 2.7 Water - the water used in all mixtures shall be fresh and potable. Section 02911A Page 1 of 4 Section 02911A Page 1 of 3 16D2 3.0 CONSTRUCTION 3.1 Surface Preparation - The surface to be coated must be sound, smooth, and free from dust, dirt or oily materials. Prior to the application of surfacing materials, the entire surface should be flooded, and checked for minor depressions or irregularities. Any puddled area covering a nickel shall be marked and repaired with Court Patch Binder using the following mix: 100 lbs. 60 — 80 mesh silica sand (dry) 3 gallons Plexipave Court Patch Binder 1 to 2 gallons Portland Cement (dry) (depending on humidity and temperature) Tack coat consisting of 1 part Court Patch Binder and 2 parts water shall be applied to the patch areas and allowed to dry thoroughly prior to patching. For more information see CPC Specification 10.14 or 10.21. After patching, the surface shall not vary more than 1/8 inch in ten feet measured in any direction. 4.0 SURFACE COURSE PREPARATION In order to provide a smooth, dense underlayment for the Plexipave system, one application of California Acrylic Resurfacer shall be applied to the surface to obtain a coverage of 15 — 20 sq. yds. per gallon (.07 —.05 gallons per square yard). No application shall be covered by a succeeding application until thoroughly cured. Dilution with water and sand is required utilizing the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20 — 40 gallons Sand (60 — 80 Mesh) 600 — 900 lbs. Liquid Yield 112 — 138 gallons 5.0 FORTIFIED PLEXIPAVE 5.1 Fortified Plexipave shall be applied by rubber bladed squeegee on the clean, dry surface in 3 applications to obtain a total quantity of not less than .15 nor more than .23 gallons per sq. yd. of area, based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. Fortified Plexipave can be job mixed as follows: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons The diluted material shall be homogeneous. Segregation before or during application will not be permitted. Section 02911A Page 2 of 4 Section 02911A Page 2 of 3 16D2 SPECIAL PROVISIONS FOR TENNIS. BASKETII4LL AND INLINE HOCKEY COURT RESURFACING A. CONTRACTOR QUALIFICATION Bids will only be considered from films regularly engaged in this type of work and who have an established reputation in the construction and resurfacing of tennis, basketball and inline hockey courts. The contractor shall firmish, to the satisfaction of the owner, proof of previous experience in all- weather tennis, basketball and inlate hockey court construction and resurfacing. B. EXPERIENCE The contractor will submit a list of all- weather tennis basketball and/or courts he has constructed or resurfaced during the past four (4) years. A partial list will be acceptable The list should container owner, location, number of courts and year constructed or resurfaced. C. 1v(:4TERIAL All materials used shall be from a manufacturer that has regularly engaged in the manufacture of these products for a minimum of five (5) years and must meet the product specifications attached. The manufacturer will provide written information to the owner tat all products used we 100% acrylic latex systems (no vmyl or vinyl combination systems) and are free of asbestos fillers. This system is composed of a color concentrate and a neutral non - pigmented acrylic with round sand. A color concentrate mixed with local sand will not be considered equal. If other than the standard specified, the contractor shall submit at least four (4) days prior to the bid date, at his own expense, a complete typewritten list of all such proposed substitutions together with sufficient data, drawings, samples, literature and other detailed information as will demonstrate, to the satisfaction of the owner, that the proposed substitute material is equal in quality and utility to that originally specified. If the owner considers tests necessary to determine the quality and utility of any proposed material, such test shall be made at the expense of the contractor by an established and unbiased testing laboratory approved by the owner. The all- weather surfacing materials specified herein are products of the Plexipave Sport Surfacing Systems, 150 Dasoomb Read, Andover, MA 01810, or an approved equal. This specification requires the provision of a complete surfacing system of specially formulated materials, each compatible with the other, which, when properly installed, will produce a high quality of all- weather surface. Under no circumstances will a surfacing system comprised of several products produced or manufactured from different sources be considered. D. METHODS OF CONSTRUCTIQN The filler and finish courses shall be applied by squeegees and brooms. Mechanical spray equipment and spreaders will not be permitted All materials will be delivered to the job site in their original, unopened containers where they will be clinked by the owner. All methods of construction must be submitted '. to the owner for approval. Manufacturer's direct representative must be readily available to the owner during constructmm E. GUARANTEE The contractor shall guarantee all workmanship and materials for a period of one (1) year, save normal wear and tear. Section 02911A Page 4 of 4 1602 SECTION 02924 PAVEMENT MARKING, STRIPING, AND SIGNS PART1 GENERAL 1.01 SCOPE A. This Section specifies pavement traffic painting, marking, striping, and signing shown on the Plans or called for in the Specifications. In general, all pavement traffic painting, marking, striping, and signing shall comply with the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction ", hereafter referenced "FDOTSPEC" and the "Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration ", hereafter referenced as "MUTCD ". 1.02 SPECIFICATION AND STANDARDS REFERENCE A. Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be the latest edition. PART PRODUCTS 2.01 SIGN PANELS AND POSTS A. Sign panels shall be aluminum. All sign posts shall be frangible aluminum and have a standard extruded aluminum sign bracket clamped to the post 12 inches below grade. Bracket size shall match post diameter. 2.02 SIGN BLANKS AND FACES A. Regulatory and Warning signs as defined in the "MUTCD" shall be high intensity, reflectorized grade. B. Street Name and Guide signs as defined in the "MUTCD" shall be standard reflectorized grade. C. CONTRACTOR shall submit documentation from the sign suppliers which identifies the reflector grade of each sign. All materials shall meet the requirements of "FDOTSPEC ". 2.03 SIGN HARDWARE A. Signs shall be attached to posts with vandal resistant nuts and carriage bolts with washers. Vandal resistant nuts shall be Tufnul®. Tamper -Pruf, Vandal - Pruf, or approved equal. Nuts and bolts shall be manufactured from high strength aluminum. Button head bolts shall not be used. 6/1/03 SECTION 02924 120163 Page 1 of 2 1602 2.04 PAVEMENT STRIPING AND PAINTING A. Thermoplastic Striping and Marking - Thermoplastic pavement striping shall be reflective and meet the requirements of "FDOTSPEC ", Section 711. B. Painted Striping and Marking - Painted striping shall be by reflectorized and meet the requirements of "FDOTSPEC ", Section 710. 2.05 REFLECTIVE PAVEMENT MARKERS A. Reflective pavement markers and their installation shall meet the requirements of "FDOTSPEC ", Section 706. PART 3 EXECUTION 3.01 BASIS OF PAYMENT A. Payment for pavement marking, striping, and signing shall be on a unit price basis in accordance with the accepted Proposal. Such payment shall constitute full compensation for furnishing all labor, materials, and equipment necessary to complete the construction on accordance with the Plans and Specifications. OWNER reserves the right to add to or deduct from the scope of the Work, and such additions or deductions will be made at the unit price established in the Proposal. Said additions or deductions shall not exceed 25 percent of the base bid of the successful BIDDER or BIDDERS " without consideration of an adjustment in the unit price. END OF SECTION 02924 6/1/03 SECTION 02924 120163 Page 2 of 2 16D2 SECTION 03030 STRUCTURAL CONCRETE PART1 GENERAL 1.01 SCOPE A This Section shall cover materials and methods for performing the construction and placing of all reinforcing steel, concrete, joints, and all other items pertinent to the structural concrete and necessary to complete the Project in full accordance with the Plans and Specifications. 1.02 GENERAL A ENGINEER shall be given 24 hours advance notice of all pours. No concrete shall be placed prior to inspection and approval of ENGINEER. B CONTRACTOR shall provide all items, articles, materials, forms, operations, or methods listed, mentioned, or scheduled on the Plans or herein, including all labor, materials, equipment, and incidentals necessary and required for completion of all concrete Work, both cast in place and precast. 1.03 SPECIFICATION AND STANDARDS REFERENCE A Where supplementary specifications or standards such as ASTM, AWWA, AASHTO, etc., are referenced, such references shall be latest edition. PART2 PRODUCTS 2.01 AGGREGATES A. All aggregates shall meet the requirements of ASTM C33 and C88 concerning deleterious materials and soundness. B. Coarse aggregates shall be hard, clean washed gravel, or crushed stone. Maximum size shall not be larger than one -fifth the narrowest dimension between forms of the member for which the concrete is used nor larger than three- fourths of the minimum clear spacing between reinforcing bars, nor larger than one inch. C. Fine aggregates shall be clean, sharp sand. Sand with less than 2.1 fineness modulus, more than 250 ppm tannic acid, or organic content exceeding Organic Plate Number 3 (ASTM C40) shall not be used. 611/03 SECTION 03030 120625 Page 1 of 7 U 1602 2.02 CEMENT A. Cement shall be Type I or 11, domestic Portland cement meeting the requirements of ASTM C150. 2.03 WATER A. Water shall be clean, fresh, free from injurious amounts of mineral, organic substances, acids, or alkalize. 2.04 EXPANSION JOINT MATERIAL A. Premolded expansion joint fitter strips shall be thickness indicated of premolded, resilient, compressible reexpanding, nonextruding, bituminous, and fiber material. 2.05 REINFORCING STEEL A. Intermediate grade, new billet steel, deformed bars, free of loose rust, scale, dirt, or oil, meeting the requirements of ASTM A615. Minimum yield of 40,000 psi, Grade 40, unless otherwise designated. Welded wire mesh shall be of the size and gage shown on the Plans and shall meet the requirements of ASTM At 85 or A497. A. Metal accessories shall include all spacers, chairs, ties, and other devices necessary for properly piecing, spacing, supporting, and fastening reinforcement in place and shall be in accordance with the "Manual of Standard Practice for Detailing Concrete Structures ", ACI 314. 2.07 CURING COMPOUND A. All exposed concrete compressive shall be thoroughly coated with an approved, nonstaining curing compound meeting the requirements of ASTM C309. Application shall be made immediately after initial set at removal of forms. 2.08 CONCRETE CLASSES A. All 28 day concrete strengths shall conform to the following unless noted otherwise on the Plans: 1. Prestressed and Structural 5000 PSI: Included are all prestressed members, and certain structures subjected to heavy vibratory loads or severe earth and /or hydrostatic pressures. 6/1/03 SECTION 03030 120625 Page 2 of 7 1602 2. Structural 4000 PSI: Structural members included are beams, columns, floor slabs (column or pile supported), shear walls, bridges, underground structures deeper than ten feet, precast concrete piling, topping of prestressed members. 3. Structural and Nonstructural 3000 PSI: Included are sheet pile walls, including caps, slabs on grade, bridge approach slabs, curbs, shallow inlets or manholes (less than ten foot depth), and all other concrete members not included in paragraph 2.07 or designated on the Plans. 4. Nonstructural 2500 PSI: Included are retaining wall anchor blocks, thrust blocks, and concrete backfill. 2.09 CONCRETE MIX DESIGNS A. An Independent Testing Laboratory selected by the ENGINEER and paid by the CONTRACTOR shall design all concrete mixes. Mixes shall be proportioned in accordance with ACI 318 and the requirements set forth herein. Slump (ASTM C143): 4+ 1% 2. Air Content (ASTM C231 or C173): 4+ 1% 3. 28 Day Strength: As required by structure type. PA[IM1 *9 bY61:[0191:[9c7:1Iq A. The Testing Laboratory selected by ENGINEER and paid by the CONTRACTOR shall make, cure, transport, and test a minimum of four compression test cylinders for each 50 cubic yards of concrete or fraction thereof per day. Slump tests and air content check, using a Chase Air Kit, will be conducted on concrete sampled for test cylinders and there results shall be reported. Concrete tests shall be conducted in accordance with applicable Specifications listed below and shall be conducted on the exact mix proportions to be placed in the forms: 1. Specifications: ASTM C31 2. ASTM C39 3. ASTM C172 4. ASTM C173 or C231 or Chase Kit 5. ASTM C143 B. The selected testing laboratory shall be considered as a representative of the OWNER and shall have the full cooperation of the CONTRACTOR, including incidental labor as required to properly sample materials in the field. 6/1/03 SECTION 03030 120625 Page 3 of 7 1602 C. Two copies of all test reports shall be sent directly to the ENGINEER and one copy to the CONTRACTOR by the laboratory. D. CONTRACTOR is fully responsible for all concrete and concrete Work and finishes and shall reject all delivered concrete and finishes not meeting these Specifications. He shall be responsible for securing laboratory representative when such data is taken for the OWNER or by other independent tests. In case of discrepancies in data secured, the OWNER'S data is considered conclusive. The testing laboratories' representatives shall immediately notify the ENGINEER of any variation from specified properties of delivered concrete. In the event the ENGINEER is not available to render judgment on acceptability of concrete not meeting the Specifications, the testing laboratory representative may inform the CONTRACTOR of such non compliance and the concrete shall be considered rejected and shall be removed permanently from the job. Concrete so rejected shall not be returned to the job under any conditions. 2.11 SUBSTANDARD TESTS A. If the strength of any cylinder for any portion of the structure falls below compressive strengths called for on the Plans, ENGINEER shall have the right to order a change in the proportions or the water content of the remaining portion of the structure, require conditions of temperature and moisture necessary to secure the required strength, or also may require tests in accordance with "Standard Methods of Securing, Preparing, and Testing Specimens of Hardened Concrete for Compressive and Flexural Strength" (ASTM C42), or order load tests to be made on the portions of the structure so affected. Under- strength concrete rejected by ENGINEER shall be promptly demolished and removed from the Project and replaced with new concrete meeting Specification requirements at no additional cost to the OWNER. 2.12 READY -MIX CONCRETE A. Ready -mix concrete shall meet the requirements of ASTM C94. Maximum mixing time from charging to discharging shall be 1 '/z hours. B. Additional water up to one gallon per cubic yard may be added to the mixer at the job site to adjust slump if necessary, and additional air entraining agent may be added to increase air a maximum of one percent without rejection. 6/1/03 SECTION 03030 120625 Page 4 of 7 1602 PART 3 EXECUTION 3.01 FORMS A. Forms shall be constructed to conform to the shape, form, line, and grade required and shall be maintained sufficiently rigid to prevent deformation under bad. B. Joints shall be tight and leakproof and arranged vertically or horizontally to conform to the pattern of design. Where forms are placed in successive units for continuous surfaces, they shall be fitted to accurate alignment so that the completed surface shall be smooth and free from irregularities. In long spans, where intermediate supports are not possible, the anticipated deflection in the forms due to weight of the fresh concrete shall be accurately figured and taken into account in the design of the forms so the finished concrete members will have true surfaces conforming accurately to the desired lines, planes and elevations. Lumber used in forms shall have nails withdrawn, and surfaces exposed to concrete carefully cleaned before reuse. All forms shall be constructed to be removed readily without hammering or prying against the concrete. Temporary openings shall be provided as necessary in the bottom of wall and pier forms to facilitate cleaning and inspection. Openings in sides of column forms shall be used to limit the free fall of concrete to that specified in this Section of the Specifications if tremies are not used. Forms shall be constructed so that the sides may be removed with the bottom remaining in place. C. Forms shall be coated with oil, applied before the reinforcement is placed. Form oil on reinforcement will not be permitted. D. Load supporting form stripping shall require concrete tests to insure sufficient strength. 3.02 REINFORCING STEEL A. Reinforcing steel, fabricated to shapes and dimensions shown, shall be placed as indicated on the Drawings in accordance with "Manual of Standard Practice for Reinforced Concrete Construction ", as published by CRSI, Concrete Reinforcing Steel Institute. B. In all points where bars lap or splice, a wire tied minimum lap of 24 bar diameters shall be provided, unless otherwise shown. Splices in piers (columns) shall be lapped 24 bar diameters of smaller bars to transfer the full stress by bond. C. Except as otherwise shown on the Plans or specified, construction shall conform to the following requirements: 6/1/03 SECTION 03030 120625 Page 5 of 7 •1� 1. Minimum Concrete Covering Over Steel Reinforcement 2. Beams & Girders: Two Inches Primary Steel 3. Slabs: Three - fourths Inch 4. Walls: Two and One -half Inches 5. Foundations & Salt Water Structures: Three Inches D. Shop detail and placing Drawings for all reinforcing steel and accessories shall be furnished for approval by ENGINEER. No fabrication shall be done except from approved Shop Drawings. 3.03 EXPANSION JOINTS A. Expansion joint materials shall be installed as indicated on Plans and subject to approval of ENGINEER. In no case shall the reinforcement or other fixed metal items bonded into the concrete be run continuous through an expansion joint. 3.04 CONSTRUCTION JOINTS A. Joints not shown or specified shall be located as to least impair the strength and appearance of the Work. Placement of concrete shall be carried on at such a rate that the surfaces of concrete which have not been carried to joint _ levels will not have attained initial set before additional concrete is placed thereon. Beams and slabs shall be placed in one operation. Special provisions shall be made for jointing successive pours as required by the ENGINEER. Keyed cold joints shall be used in slabs on grade. 3.05 PLACING CONCRETE A. Concrete shall be handled from the mixer or transport vehicle to the place of final deposit in a continuous manner, and as rapidly as practicable until the given unit of operation, approved by the ENGINEER is completed. Concrete that has attained its initial set or has contained its water content for more than 1 -1/2 hours shall not be deposited in the Work Concrete shall be deposited in the forms as nearly as practicable in its final position to avoid rehandling. Immediately after depositing, concrete shall be compacted with a vibrator to force out all air pockets and Work the mixture into corners, around reinforcement and inerts, and prevent the formation of honeycomb. Concrete shall not be placed on concrete which has hardened sufficiently to cause the formation of seams and planes of weakness within the section. Concrete shall not be allowed to drop freely more than eight feet. Where greater drops are required, a tremie or other method approved by the ENGINEER shall be employed. The discharge of the tremie shall be controlled so concrete may be effectively compacted into horizontal layers not exceeding 12 inches in thickness with a minimum of lateral movement. 6/1/03 SECTION 03030 120625 Page 6 of 7 1602 3.06 PROTECTION AND CURING A. Concrete shall be protected from the loss of surface moisture for seven days. The method of application of curing agents shall comply with all recommendations of the manufacturer. 3.07 FINISHES OF CONCRETE OTHER THAN FLOORS AND SLABS A. Any slight honeycomb and minor defects shall be patched in all concrete, using cement mortar. B. Smooth finish shall be given to all surfaces exposed to view. Smooth finish shall be obtained by use of plywood or form linings or as otherwise indicated herein or on the Plans. Joint marks shall be smoothed off and all blemishes removed, leaving finished surfaces smooth and unmarred, subject to approval by the ENGINEER. 3.08 CONCRETE SLAB FINISHES A. In preparing base slabs for various finishes, slabs shall be struck off true at the required level below the elevation or grade of the finished floors, as shown on the Plans. Floors shall be level within a tolerance of 1/8 inch in 10 feet, except where floors pitch to drains. B. Floor slabs to receive mortar setting beds or integral floor finish shall be screeded level and suitably roughened to receive the applied finish. Sidewalks shall receive a fine broom finish. C. Floors in all spaces scheduled to have "monolithic" carpet or vinyl the finish shall have a smooth steel troweled finish. 3.09 BASIS OF PAYMENT A. Payment for all items referenced by this Section will be on either a lump sum basis per structure or parts thereof, or on the basis of cubic yards of concrete and pounds of reinforcing steel as delineated in the Proposal. END OF SECTION 03030 611/03 SECTION 03030 120625 Page 7 of 7 Adolfo Gonzalez, P.E. WilsonMiller, Inc 3200 Bailey Lane, #200 Naples, FL 34105 239- 649AO40 1602 Re: Final Site Development Plans Approval "SDPA- 2004 -AR -6532, EAGLE LAKES PHASE TWO,, Project Number 2004090042 Dear Mr. Gonzalez: 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 ACHITECTURAL 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, U'T'ILITIES, 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. b) Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. c) Please call Mr. Don Nobles at 403 -2391 to schedule a pre—construction meeting a minimum of 48 hours prior to start of construction. d) 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: New Year's Day, Memorial Day, 4th of July, Labor Day, "Thanksgiving Day, Christmas Day e) The review and approval of these improvement plans does not authorize the construction of required improvements, which ate inconsistent with easement of record. Page 2 Eagle Lakes Phase Two March 2, 2005 1602 f) 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. Utility a) See attached Exhibit "A" b) "APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILrITES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSATLLATION ". c) No water or sewer utility construction shall commence until proper DEP permits have been obtained. 3. Subdivision All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. 4. Environmental Site cleating is conditioned to the stipulations contained on the approved site plan. 5. Water Manaeement 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 stonhwater 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. 6. Addressing Pursuant to Ordinance No. 99 -76, no proposed subdivision, street, building, condominium or development 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 Scr+ices.A.ddressimag Department Supp. Tech. Spec. 01001 - Permit Exhibits Page 2 of 31 Page 3 Eagle Lakes Phase Two March 2, 2005 7. Fire Protection 1602 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. See attached inspection checklist for SDP improvements. Three (3) sets of approved plans, four (4) sets of architectural plans and one (1) sets of landscape plans are being returned herewith for your use. Two copies of approved SDP shall be attached to each set of building plans submitted. 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. Sincerely> . k, Thomas) . Kuck, P.E. Engineering Services Director/ County Engineer cc: Abe Skinner, Property Appraiser (w /attach.) Don Nobles, Engineering Inspections Supervisor (w /attach:) Ivette Monroig, Planning Tech. MICHAEL DERUNI'Z, Project Planner Customer Services/Addressing (w /attach.) Sherry Eaton, Engineering Technician Diane Deoss, D.O.R. Jacquelyn Johnson, Engineering Tech., Public Utilities Engineering (w /attach.) Wes Hill, Engineering Inspections SDPA- 2004 -AR -6532, (w /attach.) Engineering Reading File Supp. Tech. Spec. 01001 - Permit Exhibits Page 3 of 31 EXHIBIT "A" 1602 Eagle Lakes Ph 2 2. All on -site water, shall be owned and operated by the applicant, his successors or assigns. 3. Representatives of the Engineering Services Department are to meet with your office and the Contractor for a pre- construction conference. Scheduling can be arranged by contacting Don Nobles at 403 -2391. Advise in writing with 48 hours notice of time and date. Conference shall be conducted at the Development Services Building. 3A). There shall be on -site conference scheduled which will include the Developer, Engineer of Record and representatives of Engineering Review Service. Conference may be scheduled by call Wes Hill @ 213 -2905 or Carmen Richards @ 403 -2423. 4. Inspections during construction required by the Collier County Public Utilities Division, that must be coordinated by the Water Distribution Department are listed below. Scheduling of date, time, method and material can be arranged by calling 775 -2007 with a minimum of 48 hours written notice. a) Usage of water from the District water facilities for filling, flushing and testing purposes. Prior approval of time and method of usage is mandatory. b) Flushing, using approved methods and materials for all water mains. c) Bacteriological sampling of all water mains. d) Testing, clearance and certification of backflow device. 5. Inspections during construction required by the Public Utilities Division, that must be coordinated through the Engineering Services Department, are listed below. Time and date can be arranged by calling Don Nobles at 403 -2391 or Randy Casey at 403 - 2418. A minimum of 48 hours written notice is required to arrange scheduling. Hot taps and/or tie -ins to district water mains Pressure testing of all water mains Inspection of conflict construction Other tests or inspections as specified by the Utilities Division Be advised that it is your responsibility to coordinate the above tasks with the Public Utilities Division, Water Distribution or Wastewater Collections and Engineering Services Department, including approval of schedules, specific procedures, methods and materials. All inspections of the completed utility work prior to the conveyance shall be coordinated through the Engineering Services Department with a 48 hour written notice requesting the facility inspection. Supp. Tech. Spec. 01001 - Permit Exhibits Page 5 of 31 1602 Exhibit "A" Page 2 8. Prior to the issuance of Certificates of Occupancy and/or final acceptance of this project into the County system, the following shall be completed: a) Actual field testing of water mains for domestic and fire flow demands, shall occur. Final approval and acceptance of the project is contingent upon joint approval by the applicable Fire Control District, Engineering Services Department and the Public Utilities Division. 9. This project shall require a water meter 2" or less to be set by the County Public Utilities Division on existing main. The meter may be set prior to board acceptance of utilities. Certificate of Occupancy will be withheld until such time as utilities facilities have been accepted. 10. Attached is a copy of the Utilities Division checklist which indicates the items which must be submitted upon completion of the proposed utility facilities for acceptance by the Board of County Commissioners. 11. Approval of the construction drawings as shown DOES NOT CONSTITUTE APPROVAL OF THE METER SIZING . The Public Utilities Division shall size the meters at time of application. 12. If there are any changes made to the approved construction plans by the FDEP, the changes shall be resubmitted the Engineering Services Department for additional review and approval. Supp. Tech. Spec. 01001 - Permit Exhibits Page 6 of 31 Utilities Conveyance Checklist POTABLE WATER, NON - POTABLE IRRIGATION WATER AND WASTEWATER FACILITIES ACCEPTANCE Today's Date: 2110105 Project Name: Eagle Lakes Ph 2 Project No.: 2004090042 ARM 6532 Legal. Documents INA mvf" ted Item Needed Z ❑ ❑ Attorney's Affidavit 2, Z ❑ ❑ Owner's Affidavit 3. (A ❑ ❑ Warranty Deed/❑Bill of Sale/ ❑with Exhibit B per utilities Standards and Procedures Ordinance Section 10.2.6 4. 0 ❑ ❑ Utilities Facilities Securities Subordination (required when any security Interest in the utility facililieslsystems is involved). UCC -11(s) can be subordinated by a Subordination or by use of UCC -3(s). t, ❑ ❑ Copy of last Deed that conveyed title of the Associated Real Property, and Copy of all Utility Easements then being conveyed to the County (Utility easements are not required provided all utility facilities then being conveyed are in public right-of way, are in then existing utility easements, or are in CUEs) 6, 0 ❑ ❑ Legal Description, if County Utility Easements required, with Surveyor's Sketch of Easement. Submit four (4) signed and sealed copies of each easement. Easements are not required if all systems are installed in then existing CUES, appropriate then existing utility easements that contemplate the respective facilities, or in public right -of -way. 7, 0 ❑ ❑ UCC -1; UCC -3 Forms (if not released by Item 4 above) g; 0 ❑ ❑ One (1) copy of Recorded Plat 9, ❑ ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or portion(s) thereof constructed 10. ❑ ❑ 0 ID number or Folio number of Property ii. ❑ ❑ ❑ Utilities Performance Security (UPS) 10% of Total Cost ID us E] ❑ Final Obligations cash bond of not less than $4.000_ 12. 0 ❑ ❑ Facilities Lease (when applicable) 13. El ❑ ❑ Facilities Lease (including Sub - Developer) use Form 10.1 Supp. Tech. Spec. 01001 - Permit Exhibits Page 7 of 31 Notes 1602 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97 -17, AS AMENDED Page 2 Tests. Certifications, and. .SuaptementaiDocuments 1602 "" i Hem rovlew accel,ted pf Item Needed Notes 1. ® ❑ ❑ Videotape of constructed gravity sewer systems, or portion(s) thereof constructed 2, ® p ❑ Certification of pressure testing of wastewater force mains by Engineer of Record 3, ® ❑ ❑ Certification of the infiltration/exfiltration tests for the sewer lines by Engineer of Record 4. H ❑ ❑ Coating certification from the manufacturer or a professional testing laboratory for all manholes, wet wells and dry well. 5. Z ❑ ❑ Lift station(s) start up report(s) 6. N ❑ ❑ Electrical Contractor's certification of Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications 7. ❑ ❑ ❑ Certification of pressure testing of water mains by Engineer of Record B. El ❑ ❑ Letter by Engineer certifying that all water and/or sewer facilities are located within the public right -of -way or dedicated easements 9. ❑ ❑ ❑ One year (1) Warranty on work performed and system(s) or portion(s) thereof installed by Utilities Contractor 10. ❑ ❑ ❑ Engineer's Final Payment Confirmation 11. ❑ ❑ ❑ DEP Certification and copy of General Permit for WATER facilities (including interim facilities, if applicable); In -Service Letter to be forwarded when received 12. H ❑ ❑ DEP Certification and copy of General Permit for SEWER facilities (including interim facilities, if applicable); In -Service Letter to be forwarded when received 13. ❑ ❑ ❑ Lab results on bacteriological tests for potable water mains 14 ❑ ❑ Satisfactory Test Reports and Certification of backflow device by Certified Laboratory. 15, E ❑ Verification of Final Cost (Include materials and labor, mist.) Cost breakdown — County /Private (materials only) i.e. detailed quanta les, sizes, unit cost, total cost, etc) 16.0 ❑ ❑ Letter from Engineering Inspections certifying that the Preliminary Inspection reveals that the utilities system(s), or portion(s) thereof, has been constructed in accordance with County Ordinances and Regulations 17. ❑ ❑ ❑ Letter from the Fire District regarding ownership and maintenance of fire hydrants 1$. 0 ❑ ❑ Signed copy of field fire flow testing by the applicable Fire Control (District Supp. Tech. Spec. 01001 - Permit Exhibits Updated =12005 Page 8 of 31 Office Use Only below this line ❑W ❑W/s — Stapp. Tech. Spec. 01001 - Permit Exhibits Page 9 of 31 1602 Notes Updated 3/2/2005 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97 -17, AS AMENDED Page 3 Engineering Documents W" re;.;e,,,,�, Item Needed 1, ® ❑ ❑ Three (3) complete sets to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water, non - potable irrigation water OR wastewater system(s) or portion(s) thereof 2, 0 ❑ ❑ Five (5) complete sets to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water ANb wastewater and /or non - potable irrigation water system(s) or portion(s) thereof 3, ® ❑ ❑ One (1) computer - generated disk of files in accordance with Section 10.4: Record Drawings Office Use Only below this line ❑W ❑W/s — Stapp. Tech. Spec. 01001 - Permit Exhibits Page 9 of 31 1602 Notes Updated 3/2/2005 Department of Env, ironmentat Prote,eit 6ti South orsutct F.O. Bmc 2549 Fort Myers, Mrida 33902 -2549 October 4, 2004 1602 colmn M. Citci,k Soverary CERTRW) MAIL NO. 7004 0750 0003 9120 0068 RMVRN RECEIPT REQUESTED Collier County clo wllsonlYliller, Inc. 32*1lailpy Lane, Suite 200 Naples, PL 34105 Attention, Mr. Adolfo A. Gonzalez, P.E. Re: Collies County - ERP DEP Pile No, 1140141573-002 taglc Lakes Pant (Wa South Naples Park) Mod ificatidii w: " DAP l?&uiitldo.117d14l573 -001 Southwest Coast EMA Dear Mr. Gonzalez: Your request to modify this permit has been received and reviewed by Department staff. The proposed permit modifications are for 1. A proposed sidewalk connecting the park with the existing sidewalk along US 41. 2. A maintenance building is proposed on top of a paved area constructed.in Phase 1. It is noted that :the outer 1 2 intpmvements generally conform with the original master plan approved inDl#PPetmit , o. U101di973 0�1. Attached is a drawing submitted to indicate the areas to be modified: 11 Sheet of 6 (8'A "x I I" reduced drawing,), "Eagle Ickes (Vk/a South Naples) Park Phase 2 Improvements ", dated 9121104, as prepared by `GVilsonMiller, Inc. After thorough review by staff, the proposed modifications are not expected to adversely affect water,quality and will not be contrary to the public interest. Based on the information submitted, Department staff has determined that the proposed activities are in compliance with the original permit and appropriate provisions of l`'azt4Y, Chapter 373 and should have no significant effect on the stormvvatet management system. The proposed activities appear to be in accordance with Chapter "Mo pm"ain Uts frftw6'' Supp. Tech. c.`a"M - Permit Exhibits Page 10 of 31 1602 Applicant: Collier County Pile No. 11 -0141573 -002 Page 2 of 5 40E 4 332'(2}(b) which presents criteria for the modification of permits. Therefore, these changes have been recorded in our files. The fist of permit drawings, as shown on Page 2 of 13, of Permit No. 11- 0141573 -001, is modified as follows: FROM: The following six (6) 8'/s" x11" reduced drawings, signed and sealed by John S. Kcmpton, P.E., on Sept mber 14, 1998, are incorporated by reference and attached to this permit: ftWtdt No. Sheet No. Revision No. Al l of '6 2 A2 2 of 6 None A3 3 of 6 2 A4 4of6 - 2 A5 5 of 6 2 A6 6 of 6 None TO: The following seven (7) 8'h" x11" reduced drawings, Exhibits Al throngh A6, signed and sealed by Fohn S Kenpton,l" E., on September 14,19J$, andtExhibit A7, signed and sealed by Adolfo A. Gonzalez, P.E., on September 21, 2004, are incorporated by reference and attached to this permit ExhibitNo. SheetNo. Revision No. Al l of 6 2 A2 2 of 6 None A3 3of6 2 A4 4of6 2 A5 5of6 2 A6 6 O 6 None Al 3 of 6 1 This letter of approval does not alter the the 19 O&mral Conditions and 14 Specific Con, and accompanying drawing must be attached to 35, 2004, or This letter Mediation is not available. Supp. Tech. Spec. 01001 - Permit Exhibits Page 11 of 31 is 1602 Applicant: Collier County File No. 11-0141573-002 Page 3 of 5 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 -3000- the is designed to redetermine final of the - _ Proposed agency action on the application subjectto the result of site adniiiiiiurative re ew 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. of the Florida Administrative Code, a person whom period for filing a petition until the request is acted upon: - In accordance with Rules 28- 106.111(2) and 62- 110.106(3)(a)(4), petitions for an administrative hearing by the appticant or aUy of tha.pateies listed below musEbe'filed within 21 days of receipt of this wrttten notice. pepitior>a =filed by apypoobns other than those entitled to written notice under Section 1241.60(3) of the Florida Stitutea:must be filed within 21 days of publication of the notice or within 21 daywof 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 notice of agencyaction may file a petition within 21 days of receipt of such notice, maa,rilaae. M'fhv ,1sre ,.f -,.:;t i --- :a — Thepetitioner shall mail a copy of-the petition to the applicant at the address indicated above at the time of filing. The failure of any petson to file a;pefition for an administrative 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. Supp. Tech. Spec. 01001 - Permit Exhibits Page 12 of 31 1602 Applicant: Collier County Pile No, 11 -0141573 -M Page 4 of 5 A petition that disputes the material facts on which the Department's action is based must contain the following information: (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 petitigner s aubstmittsf interests are or will be affected by the agency determination; (c) A statement of wiien and how the petitioner receive d,notice of the agency decision; (d) A "statement of all disputed issues of material fact. If there am 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. requirements or is further order of the Department. mnit constitutes an order of the Department. The ne- imonoa btatutes, a does not attment unless a this order will not be right to seek judicial notice of appeal 373944000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with =theapptopdatc district court of appeal. The notice of appeal must be filed within 30 days from the data when the final order is filed with the Clerk of the Department. The applicant, or any.party within the meaning of Section 373.114(1)(a) of the Florida Statutes, may also seek appellate review of this order Section 373A 14(1) of the Florida Statutes. Requests for review before the Land and Water Supp. Tech. Spec. 01001 - Permit Exhibits Page 13 of 31 1602 Applicant: Collier County File No. 11 -0141573 -002 Page 5 of 5 Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the final order is filed with the Clerk of the Department Sincerely, 7t M ehdii' Acting Director of District Management JMUL- A$ljdm One (t) dewing attached cc; 11.S.74my Caps of Engineers, Pori Myers Colim Cowty property AppP FHANG -AND ACKNOWLEDGMENT Supp. Tech. Spec. 01001 - Permit Exhibits Page 14 of 31 1602 i a «p ' a �a S «a a .■ a e { � i i� J cA� j f l! u g ;'.:. .. - 1602 i a 1602 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF n WATER MAIN EXTENSIONS FOR PWSs INSTRUCTIONS: This notice shall be completed and submitted by persons proposing to construct projects permitted under the "General Permit for Construction of Water Main Extensions for Public Water Systems" in Rule 62- 555.405, FA.C. AT LEAST 30 DAYS BEFORE BEGINNING CONSTRUCTION OF A WATER MAIN EXTENSION PROJECT, complete and submit one copy of this notice to the appropriate Department of Environmental Protection District Office or Approved County Health Department (ACHD) along with payment of the proper pewit processing fee. (When completed, Part II of this notice serves as the preliminary design report for a water main extension project, and thus, it is unnecessary to submit a separate preliminary design report or drawings, specifications, and design data with this notice.) All information provided in this notice shall be typed or printed in ink. The permit processing fee for projects requiring the services of a professional engineer during design is $250, and the pemtit processing fee for projects not requiring the services of a professional engineer during design is $100.' Checks for permit processing fees shall be made payable to the Department of Environmental Protection or the appropriate ACRD. NOTE THAT A SEPARATE NOTIFICATION AND A SEPARATE PERMIT PROCESSING FEE ARE REQUIRED FOR EACH NON - CONTIGUOUS PROJECT! • Except as noted in paragraphs 61- 555.520(3)(a) and (b), RA.C, projects shall be designed under the responsible charge of one or more professional engineers licensed in Florida. t Non - contiguous projects are projects that are neither interconnected nor located nearby one another (i.e., on the same site, on adjacent streets, or in the same neighborhood). M� C. Location of Project 1. County Where. Project Located: Collier County 2. Description of Project Location: Street Address: 11567. Tamian i Trail East (located west of main entrance to Lely Resort) D. Estimate of Cost to E. Estimate of Dates f F. PWS /Co Name: Collier Coun Board -of Cam Commissioners PWS Identification No.:* PWST Communi Non-Transient Nou- Comtmmiy Transient Non-Community Consecutive Contact Person: Clint L. Perryman Contact Person's Title: Project Manager Contact Person's Mailin'. Address: 3300 Santa Barbara Boulevard Contact Person: Roy B. Anderson, P.E. City-, Naples State: Florida Zip Coder 34116 Contact Person's Telephone Number: 353 -0755 Contact Person's Fax Number. 353 -1002 Contact Person's E-hWI Address. clintonperryman(riscolliergovmet Contact Person's Telephone Number: 239 -732 -2575 • This information is required only ifthepermittee is a public water system (POT). G. Public. Water System (PWS) Suoolvine Water to Proiect PWS Name: Collier County Public Utilities I PWS Identification No.: 5114069 PWS Type: NConmiunity :Non - Transient Non-Community Transient Non -Corrammi -:Consecutive PWS Owner: Collier County Board of County Commissioners Contact Person: Roy B. Anderson, P.E. Contact Person's Title: Utilities Engineering Director Contact Person's Mailing Address: 3301 Tamiami Trail East City: Naples I State: Florida i ' Coder 34 III Contact Person's Telephone Number: 239 -732 -2575 1 Contact Person's Fax Number. 239 - 732 -2526 4•ontaetPxrscdr E- MzAAddress: Royfinderscii@collierSovmct OEP Fd WZ Ss WW) Supp. Tech. Spec. 1Q01 - Permit Exhibits EAeCFe 6+roWV. 2W3 Pagd46'of 31 1602 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs H. c_ m_.... e. «..e... (DWC\ t6.,. Will flan Prniect A fl— It Tc Placed inin Permanent Operation PWS Name: Collier Coun Bd ofCoun Commissioners c/o Parks & Rec. Dept. PWS Identification No.:" PWS T •" Comm Non - Transient Non-Community Transient Non- Communi Consecutive PWS Owner: Collier County Bd of County Commissioners c/o Parks & Rec. Dept Contact Person: Clint L. Perryman Contact Persons Title: Project Mana er Contact Persons Mailing Address: 3300 Santa Barbara Boulevard City: Naples State: Florida Zip Code: 34116 Contact Persons Telephone Number: 353 -0755 Contact Persons Fax Number: 353 -1002 Contact Person's E -Mail Address: clinton n collier ov.net ` This information is required only if the owner /operator is an existing PWS. a,.s �..:,....,1 n,...:.....(cl or r>tr,er Persnn(sl in R&_snnnsible. Chnrve of Designing Project" ..y ............... .... .�... .. ... --_._. ___.__ _ .__.__ Company Name: WilsonMiller, Inc. Designer(s): Adolfo A. Gonzalez, P.E. Title(s) of Designer(s): Record Engineer Qualifications of Designer(s): X Professional Engineer(s) Licensed in Florida — License Number(s): 42577 ❑ Public Officer(s) Employed by State, County, Municipal, or Other Governmental Unit of Plumbing Contractor(s) Licensed in Florida — License Number(s):^ Mailing Address of Desi e s : 3200 Dailey Lane Suite 200 City: Naples State: Florida Zip Code: 34105 Telephone Number of Designer(s); 649 -4040 Fax Number of Designer(s): 263 -6492 E -Mail Address(es) of Designer(s): adolfogonzalez @wilsonmiller.co.m * Except as noted in paragraphs 62- 555.520(3)(a) and (b), FA. C, projects shall be designed under the responsible charge ofone "`- or more professional engineers licensed in Florida. t Attach a detailed construction cost estimate showing that the cost to construct this project is $10,000 or less. ^ Attach documentation showing that this project will be installed by the plumbing contractors) designing this: project, documentation showing that this project involves a public water system serving a single property and fewer than 250 jlxture units, and a detailed construction cost estimate showing that the cost to construct this project is $50,000 or less. 1. Design Type and Number of Service Connections, and Average a. Average Daily Water Demand for These Facilities: Water Demands and Maxinturn -Day Water Demands, in b. Explanation of Peaking Factor(s) or Method(s) Used to Estimate Maximrrn-Day Water Demand: Peskin . g factor = ^4.0 n pFUd55i1 Supp. Tech. Spec. 10201 - Permit Exhibits � A 2 a., . Pa1Yr of 31 1602 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs 110 2. Explanation of Peaking Factor(s) or Method(s) Used to Estimate Design Peak -Hour Water Demand and, for Small Water Systems that Use Hydropneumetic Tanks or that Are Not Designed to Provide Fire Protection, Peak Instantaneous Water Demand: Peaking factor — 4.0 based on the same peak factor used in the original design for Phase I. This is greater than factor of 1.54 derived from the "fen State Standards" formula based on a daily population of 490 persons. 3. Design Fire -Flow Rate and Duration: 1,124 gpm for Phase I + 867 gpm for Phase 2 fire main extension 4. Design Service Pressure Range: 20-50 PSI Project Site information 1. ATTACH A SITE PLAN OR SKETCH SHOWING THE SIZE AND APPROXIMATE LOCATION OF NEW OR ALTERED WATER MAINS, SHOWING THE APPROXIMATE LOCATION OF HYDRANTS, VALVES, METERS, AND BLOW - OFFS IN SAID MAINS, AND SHOWING HOW SAID MAINS CONNECT TO THE PUBLIC WATER SYSTEM SUPPLYING WATER FOR THE PROJECT. 2. Description of Any Areas Where New or Altered Water Mains Will Cross Above or Under Surface Water or Be Located in Soil that Is Known to Be Aggressive: None C. Information About Compliance with Design and Construction Requirements 1. If this project is being designed to comply with the following requirements, initial before the requirements. If any of the following requirements do not apply to this project or if this project includes exceptions to any of the following requirements as allowed by rule, mark "NA" before the requirements and complete Part I.C.2 below. RSWW =Recommended Standards for W ter W .Er as incorporated into Rule 62- 555.330, F.A.C. a. This project is being designed to keep existing water mains and service lines in operation during construction or to minimize interruption of water service during construction. [RSWW 1.3.4; exceptions allowed under FAC 62- 555.330] b. All pipe, pipe fittings, pipe joint packing and jointing materials, valves, fire hydrants, and meters installed under this project will conform to applicable American Water Works Association (AWWA) standards. [FAC 62- 555320(2lxb), RSWW 8.0, and AW WA standards as incorporated into FAC 62- 555330; o=ption allowed under FAC 62- Alip public c. All public water system components, excluding fire hydrants, that will be installed under this project and that - will come into contact with drinking water will conform to NSF International Standard 61 as adopted in Rule 62- 555335, F.A.C.,.or other applicable standards, regulations, or requirements referenced in paragraph 62- 555.320(3)(b), F.A.C. [FAC 62- 555.320(3)(bk exceptions allowed under FAC 62.555320(3xd)] d. All pipe and pipe fittings installed under this project will contain no more than 8.0% lead, and any solder or flux used in this project will contain no more than 0.2% lead. [FAC 62- 555.322] e. All pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62- 555.320(21)(b)3, FA.C., using blue as a predominant color. (Underground plastic pipe will be solid -wall blue pipe, wift have a co- extruded blue external skin, or will be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall; and underground metal or concrete pipe will have blue stripes applied to the pipe wall. Pipe striped during manufacturing of the pipe will have continuous stripes that run parallel to the axis of the pipe, that are located at no greater than 90- degree intervals around the pipe, and that will remain intact during and after installation of the pipe. If tape or paint is used to stripe pipe during installation of the pipe, the tape or paint will be applied in a continuous line that runs parallel to the axis of the pipe and that is located along the top of the pipe; for pipe with an internal diameter of 24 inches or greater, tape or paint will be applied in continuous lines along each side of the pipe as well as along the top of the pipe. Aboveground pipe will be painted blue or will be color coded or marked like underground pipe.) [FAC 62- 555320(21)(6)3] f. All new or altered water mains included in this project are sized after a hydraulic analysis based on flow demands and pressure requirements. ATTACH A HYDRAULIC ANALYSIS JUSTIFYING THE SIZE OF ANY NEW OR ALTERED `WATER M ALMS WITII AN LNSIDB DL42ABTEF, OF LESS THANI TH EE INCIIFS. [FAC62- 555.320(21)(�)and RSWWS.l] DEPe�ez_� Supp. Tech. Spec. 01001 - Permit Exhibits ear�r aerie PagglVof 31 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN FXTFNSIONS FOR PWSS g. The inside diameter of new or altered water mains that are included in this project and that are being designed to provide fire protection and serve fire hydrants will be at least six inches. [FAC 62- 555.320(21)(6) and RSWW 8.1.21 h. New or altered water mains that are included in this project and that are not being designed to carry fire flows do not have fire hydrants connected to them. (FAC 62- 555.320(21 xb) and RSWW B.1.5] i. This project is being designed to minimize dead -end water mains by making appropriate tie -ins where practical. [FAC 62- 555.320(21xb) and RSWW8.L6.a] j. New or altered dead -end water mains included in this project will be provided with a fire or flushing hydrant or blow -off for flushing purposes. (FAC 62- 555.320(21 xb) and RSWW 8.1.6.6] ` k Sufficient valves will be provided on new or altered water mains included in this project so that inconvenience ° ? and sanitary hazards will be minimized during repairs. [FAC 62- 555.320(21)(b) and RSWW 8.2] 1. New or altered fire hydrant leads included in this project will have an inside diameter of at least six inches and will include an auxiliary valve. [FAC 62 555.320(21)(6) and RSWW 8.3:31 z m All fire hydrants that will be installed under this project and that will have unplugged, underground drains will be located at least three feet from any existing or proposed storm sewer, stormwater force main, pipeline conveying reclaimed water regulated under Put III of Chapter 62 -610, FA.C., or vacuum -type sanitary sewer, at least six feet from any existing or proposed . gravity- or pressure -type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated. under Part III of Chapter 62- 10,.FA.C.; and at least ten feet from any existing or proposed "on-site sewage treatment and disposal system" [FAC 62- 555.314(4)] bwn. At high points where air can accumulate in new or altered water mains included in this project; provisions will . be made to remove the air by means of air relief valves, and automatic air relief valves will not be used in situations where flooding of the valve manhole or chamber may occur. IFAC 62-555.320(21)(b) and RSWW 5.4.11 o. The open end of the air relief pipe from all automatic air relief valves installed under this project will be -- extended tout least one foot above grade and will be provided with a screened, downward- facing elbow. [FAC r. 67ew or altered and mbar , pits ' p. New or altered chambers, pits, or manholes that contain valves, blow -offs, meters, or other such water ` distribution system appurtenances and that are included in this project will not be connected directly to any sanitary or storm sewer, and blow -offs or au relief valves installed under this project will not be connected directly to any sanitary or storm sewer. [FAC 62- 555.320(21xb) and RSWW 8.4:3] q. New or altered water mains included in this project will be installed in accordance with applicable AW WA standards or in accordance with manufacturers recomnnended procedures. [FAC 62- 555.320(21)(b), RSWW 5.5.1, and ° AW WA standards as inomporated into FAC 62- 555.3301 r. A continuous and uniform bedding will be provided in trenches for underground pipe installed under this project; backfill material will be tamped in layers around . underground pipe installed under this project and to a sufficient height above the pipe to adequately support and protect the pipe;. and unsuitably sized stones (as described in applicable AW WA standards or manufacturers' recommended installation procedures) found in trenches will be removed for a depth of at least six inches below the bottom of underground pipe installed under this project: [FAC 6z- 555320(zlxb), RSW W 8.5.21 s. All water main tees, bends, plugs, and hydrants installed under this project will be provided with thrust blocks or restrained joints to prevent movcment.. [FAC 62- 555.320(21x6) and RSWW 85.4] n�. t. New or altered water mains that are included in this project and that will be constructed of asbestos- cement or '.'.' polyvinyl chloride pipe will be pressure and leakage tested in accordance with AW WA Standard C603 or C605, respectively, as incorporated into Rule 62- 555.330, FA.C., and all other new or altered water mains included in this project will be pressure and leakage tested in accordance with AW WA Standard C600 as incorporated into Rule 62- 555.330. [FAC 62- 555.320(21 )(b)l and AW WA standards as incorporated into FAC 62- 555.3301 u. New or altered water mains, including fire hydrant leads and including service lines that will be under the control of a public water system and that have an inside diameter of three inches or greater, will be disinfected and bacteriologically evaluated in accordance with Rule 62- 555.340, F.A.C. [FAC 62- 555.320(21)(6)2 and FAC 62- 555.3401 NA v. New or altered water mains that are included in this project and that will be installed in areas where there are known aggressive soil conditions will be protected through use of corrosion- resistant water main materials, through encasement of the water mains in polyethylene, or through provision of cathodic protection [FAC 62- 555-320(21)(b) and RSWW 8.5.7.d] Supp. Tech. Spec. 91001 - Permit Exhibits PE Fo a2- 565.x0 q) Page a$94of 31 n3fec AtiW2a, 27.,3 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN LOA d41,E9[1IF� w. New or relocated, underground water mains included in this project will be laid to provide a horizontal distance - "'*"{�j of at least three feet between the outside of the water main and the outside of any existing or proposed vacuum - type sanitary sewer, storm sewer, stormwater force main, or pipeline conveying reclaimed water regulated under Part III of Chapter 62 -610, F.A.C.; a horizontal distance of at least six feet between the outside of the water main and the outside of any existing or proposed gravity-type sanitary sewer (or a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed gravity- type sanitary sewer if the bottom of the water main will be laid at least six inches above the top of the sewer); a horizontal distance of at least six feet between the outside of the water main and the outside of any existing or proposed pressure -type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Part III of Chapter 62 -610, F.A.C.; and a horizontal distance of at least ten feet between the outside of the water main and all parts of any existing or proposed "on -site sewage treatment and disposal SySten." [FAC 62- 555314(1); exceptions glowed under FAC 62- 555.314(5)] x- New or relocated, underground water mains that are included in this. project and that will cross any existing or proposed gravity- or vacuum -type sanitary sewer or storm sewer will be laid so the outside of the water main is at least six inches above the other . pipeline or at least 12 inches below the other pipeline; and new or relocated, underground water mains that are included in this project and that will cross my existing or proposed pressure- type sanitary sewer, wastewater or stormwater force main, or pipeline conveying reclaimed water will be laid so the outside of the water train is at least 12 inches above or below the other pipeline. [FAC 62- 555.314(2); �s mcptims allowed under FAC 62- 555.314(5)] y. At the utility crossings described in Part II.C.I.w above, one full length of water main pipe will be centered above or below the other pipeline so the water main joints will be as far as possible from the other pipeline or the pipes will be arranged so that all water main joints are at least three feet from all joints in vacuum-type _ sanitary sewers, storm sewers, stor awater force mains, or pipelines conveying reclaimed water regulated under Part III of Chapter 62-6 10, F.A.C., and at least six feet from all joints in gravity- or pressure-type sanitary sewers, wastewater force mains, or pipelines conveying reclaimed water not regulated under Part III of Chapter 62 -610, F.A.C. [FAC 62- 555.314(2); exceptions allowed under PAC 62- 555.314(5)) ,NA_ z. New or altered water mains that are included in this project and that will cross above surface water will be adequately supported and anchored, protected from damage and freezing, and accessible for repair or replacement. [PAC 62- 555.320(21xb) and RSWW 8.7.1] _NA aa. New or altered water mains that are included in this project and that will cross under surface water will have a minimum rover of two feet. [FAC 62- 555.320(21)(6) and RSW W 8.7.21 NA_ bb. New or altered water mains that are included in this project and that will cross under surface water courses greater than 15 feet in width will have flexible or restrained, watertight pipe joints . and will include valves at both ends of the water crossing so the underwater main can be isolated for testing and repair; the aforementioned isolation valves will be easily accessible and will not be subject to flooding; the isolation valve closest to the water supply source will be in a manhole; and permanent taps will be provided on each side of the isolation valve within die manhole to allow for insertion of a small meter to determine leakage from the underwater main and to allow for sampling of water from the underwater main. [FAC 62- 555.320(21xb) and RSW W 8.72] cc. This project is being designed to include proper backflow protection at those new or altered service connections where backllow protection is required or recommended under Rule 62- 555.360, F.A.C., or in Recommended Practice for BackJlow Prevention and Cross - Connection Control, AW WA Manual M 14, as incorporated into Rule 62- 555.330, F -A.C.; or the public water system that will own this project after it is placed into operation has a cross - connection control program requiting water customers to install proper backflow protection at those service connections where backilow protection is required or recommended under Rule 62- 555.360, F.A.C., or in AW WA Manual M14. [FAC 62- 555.360 and A W WA Manual M14 as incorporated into FAC 62- 555.3301 dd. Neither steam condensate, cooling water from engine jackets, nor water used in conjunction with heat - exchangers will be returned to the new or altered water mains included in this project. ]FAC 62- 555.320(21)(6) and RSWW 8.812] Supp. Tech. Spec. Q1 01 - Permit Exhibits Pag &Wof 31 16D2 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs 2. Explanation for Requirements Marked "NA" in Pan II.C.1 Above, Including Justification, Documentation, Assurances, and/or Alternatives as Required by Rule for Exceptions to Requirements in Part II.C.1: Item v: No aggressive soils known to exist on site. Item z, as and bb: No surface water crossings above or below ground proposed for this project. I. completed ?art H of this notice, and the information provided in Pan II and on the attacbment(s) to Part H is true and accurate to the hret of my VnnWledar. and Belief Signature, Seal, and Date of Professional Engineer (PE) or Signature, Seal, and Date of Professional Engineer (PE) m Signature and Date of Other Person in Responsible Charge of Signature and Date of Other: Person in Responsible C large of Designing Project* Designing Project:* A O . G'O -EZ, P.E. FL. License No. 42577 ,. Date __ / T 0 . , WILSON MILLER. Certificate of Authorization No. 43. 3200 Bailey Lane,,Suite 200 Naples; FL 34105 -5507 P,nnted/f d Name: Adolfo. A. Gonzalez, P.E. Printcd/T ed Name: License Number of-PE or License Number or Title of Oil= License Number of PE or License Number or Title of Other Person in Responsible Charge of Designing Project-* 42577 Person in Responsible Charge of Designing. Project:* Portion of Preliminary Design Report for Which Responsible: Portion of Preliminary Design Report for Which Responsible: 1 Phase 2 fire main and site utilities design * Except as hated in paragrapns 62-555.520(3)(a) and (b) F,4.C, projects shalt be designed under the responsible charge of one or mpre Pfs licensed in Florida. ff this project is being designed under the responsible charge of one or more PEs licensed in rior•(pa, t'srt.4b¢ftkis gptiee..nxatl be er3tapleted, signed, sealed. crldatecl hythe ,FF(s)nresponsible .age. /�thz p.. 7r�t s of being designed under the responsible charge of one or more PFs licensed in Florida, Part fl shall be completed, signed, and dated by the person(.) in responsible charge of deslign ing this project Supp, Tech. Spec. 91 0601 - Permit Exhibits Page ll of 31 1602 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN I am duly authorized to sign this notice on behalf of the permittee identified in Part I.F of this notice. I certify that, to the best of my knowledge and belief, this project complies with Chapter 62 -555, F.A.C. I also certify that construction of this project has not begun yet and that, to the best of my knowledge and belief this project does not include any of the following construction work: •'construction of water mains conveying raw or partially treated drinking water; • construction of drinking water treatment, punting, or storage facilities or conflict manholes; • construction of water mains in areas contaminated by low- molecular- weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a "new system" as described under subsection 62- 555.525(1), F.A.C.; or • construction of water mains that will remain dry following completion of construction. (A specific construction permit is required for each project involving any of the above listed construction work.) I understand that, if this project is designed under the responsible charge of one or more professional engineers (PEs) licensed in Florida, the permittee must retain a Florida- Iicemcd PE to take responsible charge of inspecting construction of this project for the purpose of determining is general if the construction proceeds in compliance with the Department of Environmental Protection construction permit, including the approved preliminary design report, for this project. I understand that the permittee must have complete record drawings prepared for this project. I also understand that the permittee most submit a certification of construction completion to the Department and obtain written approval, or clearance, from the Department before the permittee places this project mto o on I, any purpose other than disinfection or testing for leaks. w Murdo Smith Interim Director, Parks & Rm Signature and Date Printed or Typed Name Dept B. Certification by PWS Supplying Water to Project I am duly authorized to sign this notice on behalf of the PWS identified in Part I.G of this notice. I certify that said PWS will supply the water necessary to meet the design water demands for this project. As indicated below, the water treatment plant(s) to which this project will be connected has(have) the capacity necessary to meet the design water demands for this project, and I certify: that all other PWS components affected by this project also have the capacity necessary to meet the design water demands for this project. I certify that said PWS is in compliance with applicable planning requirements in Rule 62-555.348, F.A.C.; applicable cross - connection control requirements in Rule 62- 555.360, F.A.C.; and to the best of my knowledge and belief; all other applicable rules in Chapters 62 -550, 62 -555, and 62 -699, F.A.C.; furthermore, I certify that, to the best of my knowledge and belief, said PWS's connection to this project will not cause said PWS to be in noncompliance with Chapter 62 -550 or 62 -555, F.A.C. I also certify that said PWS has reviewed the preliminary design report for this project and that mid PWS considers the connection(s) between this project and said PWS acceptable as designed. • Name(s) of Water Treatment Plant(s) to Which this Project Will Be Connected: North County Regional:WTP AND South County Regional WTP • Total Permitted Maximum Day Operating Capacity of Plant(s), gpd: • Total Maximum Day Flow at Plant(s) as Recorded on Monthly Open 12 Months, gpd: Combined - Roy B. Anderson, P.E. Utilities Engineering Director Printed or Typed Name Title C. Certification by PWS that Will Own Project After It Is Placed into Permanent Operation I am duly authorized to sign this notice or behalf of the PWS identified in Part 1.H of this notice. I certify that said PWS will own this project after it is placed into permanent operation. I also certify that said PWS has reviewed the preliminary design report for this project ait tliat aid PWS considers this project acceptable as designed (r .. � w. 0..dJ. ' Murdo Smith Interim Director, Parks . &Rec. Signature an ate Frinted or Typed Name Dept e °'rpm 62d 5.8 , Supp. Tech. Spec. D1 001 - Permit Exhibits nwn«s.� PagErM of 31 NOTICE OF INTENT TO USE THE 1602 PERMIT FOR CONSTRUCTION OF WATER MAIN NS FOR PWSs D. Certification by Professional Engineer(s) in Responsible Charge of Designing Project* 1, the undersigned professional engineer licensed in Florida, am in responsible ebarge of designing this project. I certify that, to the best of my knowledge and belief, the design of this project complies with Chapter 62 -555, FA -C. I also certify that, to the best of my knowledge and belief, this project is not being designed to include any of the following construction work: • construction of water trains conveying raw or partially treated drinking water; • construction of drinking water treatment, pumping, or storage facilities or conflict manholes; • construction of water mains in areas contaminated by low - molecular- weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a "new system" as described under subsection 62- 555.525(1), FA -C.; or • construction of water mains that will remain dry following completion of construction. (A specific construction vennit is requited for each mmect involving: anv of the above listed construction work.) Signature Seal, and Date. Signature, Seat and Date: } R A. Q Z, P.E. FL. L�c+erise o. 42577. Date �: i �_ / dv WILSON MILLER, INC. Certificate of Authorization No. 43. 3200 Bailay! ane, Suite 200 Ner ies, -L ^,v10G- +.3507 Printed/Typed Name: Adolfo A. Gonzalez P.E. Printed/Typed Name: License Number: 42577 License Number. - Portion of Preliminary Design Report for Which Responsible: Portion of Preliminary Design Report for Which Responsible: Phase 2-fire main and site utilities design Except as noted in paragraphs 62- 555.520(3)(a) and (b), F.A. C, projects shall be designed under the responsible charge of or professional engineers (PEs) licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida, Part IILD of this . notice shall be completed by the PE(s) in responsible charge. If this project is not being designed under the responsible charge of one or more PEs licensed in Florida, Part .IILD does not have to be completed. MP F- 62S.55 900M Supp.. Tech. Spec. 1.001 - Permit Exhibits _n•av AK.: 2C. Pagenlof 31 Jab Bush Govemor Environmental Health & Engineering December 28, 2004 William T. Lindemann, P.E. Aquatic Design & Engineering, Inc. P. 0. Box 1208 Oakland, FL 32760 RE: Eagle Lokes Park, Phase IJ IWF construction Plan Review Centrax Number 11- 6043167 Permit Expi`ation December A 2005 Dcbr Mr. Lindemann: 1602 John O. AgwunobL M.D., M.B.A. Secretary The above referenced project Is approved under Centrax number 11- 60- 03167, subject to the following provisions: 1. Upon completion of the plumbing installation, the pool contractor must contact this office to arrange for an inspection before hydraulically compacting the bacldill wound the pool. The fee of $50.00 is payable to the Collier Canty Health Department at time of inspection request Also, please note the following procedures: • Any revisions to the approved plans mast be submitietl to this office for approval. ' Prior to opening the pool for use an operating permit must be obtained. Four (4) copies of the application form DH 916 must be completed and submitted along with the appropriate fee of $430.00 made payable to the Collier County Health Department. A final inspection must then be scheduled with this office. Your attention is specifically directed to the necessity of your maintaining supervision, of construction, of the pool to insure compliance with the approved plans. Sincerely, Kenneth R. PZc P.B. Environmental Health and Engineering Director Collier County Health Department Myer 2800 N. Horseshoe Drive Joan CWer, M.D., MWWV Address: NWthtr Naples, Florida . 34104 M.P.H., Director Post Office Box 429 Telephone (289} 40.3 -2499 Naples, Florida • 34106-0429 Defsrtmenr C�sz -err, aNtmenf AMM�y6v(.irey Supp, Tech. Spec. 01001 - Permit Exhibits Page 24 of 3'1 16D2 ` ,R'OR°AD�sRTUop For Department Use only: Amount Fee Recelved; te^ Check No: From 16 0 0 g 16 7 MF #, STATE OF FLORIDA DEPARTMENT OF HIwALTH APPLICATION FOR APPROVAL OF SWIMMING POOL• PLANS This form Is In be completed and submitted with plans and spedfications In six copies along with the appropriate fee. Now ConsbuctionR_ Revision 1711 Modifice0on0 ADEPfoj"#.,0335 2. Nameof.Ormer Collier, County Boar. of Commissb ROM Nwnberf2391353 -0755 Mailing Address 8300: Santa Barbara. Blvd City Naples Stets FL Zip 34119 3. Pool Type: Conventlonal []_Spa ii Waom a—Special Purpose 0_Water Recreallon Attuxilon]XI Indoor ❑ outdoor ® Transient ❑ Non4ranslent® 4.. No. of Units Served;. V& Mo. of Stories L_Distanca of Farthest Unit from Poole >2W Eleyalor. Yeso_Nom_ 5. Number of Sanitary :Fadiities: tNater Closets r Urinals h Levatodas h Dressing Rooms S. Method of Waste Water Disposal: To- Aulhorlmd.Outfall via G' Alr Gap 7. Pool Volume in Gallons 1:902 Bathktg Load: 33 Water Source: CltvfMunleloal B. Dimensions: Widlic Length:Ag!0m: 340Perkwter 124'Depth: Max. 0" M o. O Shape. irregular 9. Type Construction Material: Shes concrete Finish S kfin istant Color. g$y 10. Equipment Make and Model; (A) Recirculation Pump: Pentair - 345298 Flew123: GPMAtsn_s TDH s_HP (B) Filter: Sta4 to 51111011 So .Anse 450: Sq.. FL Flow Capacity, 0.273.. (C) Malefaction Equlpmant pulsar Modell Copedty AL h GPI) or ® PPM (D) PHAdustmentFeeder Stenner451NZ Capacy 10 (GPD) (E) Test lit: Taylor 2005fpHTAC:FAC CYA CAH TAM RECEIVEO OCT 2 12004 tr4oftenw twfur hl DH g14,. UN (Obsoietes Sep 90 edition) Supp. Tech. Spec. 01001 - Permit Exhibits Page 25 of 31 The design engineer certifies to the preparation of the engineering . documents and agrees to furnish certified operating .permit applications upon completion of ft project and is authorized to represent the applicant In the engineering features Including monlloring• of,conshvdlon. e r a Signature and seat Engtnabr registered under Florida Statutes Typed Name and Florida n38tsiratbn amber W10tam T. LMdemanir. PE, �+335'T/• • Phone Number (4U71469J131 Address: P.O. Box.560127 street Montvarde FL 347560127 city state zip 16D2 These plans, specifications and related documents are approved and accepted by the ownedownere representative. Dale f�'�L'dY Signature: OvmedOamers Representative Typed Name and TWO of Above Murdo ll M intaiim Dlroctor.Paft & Recreation Deot Phone Number f239)3MT, i. -0755 Address: 33M Santa Barbara Blvd Street Naples F1 34116 City state zip These plane for Ore Proposed construction cited . in the foregoing application are hereby approved under authority of Chaplars 381 and 514, Florida Statutes, will line blovAtg proviso(s): Pmvisiow: UPoa completion of the plumbing iastallsti., the pool contractor must ooataot this office to an'ango for all haPcctioa before 4*auhcafy ccmpseting,the bacldrll arotmd the pool. The fee of $50.00 is payable to the Collier county Health Deparbncx t at time of mspectionra uest Construction on this plo)eat shall be commenced within one year from the date of approval of this application otherwise six (8) months approval extension shall be obtained from the Deparlment prior to cemmenchp construction. This approval Is for the functional aspects of this project and as based on the information and data supplied by the applicant or his agent. Thalia fray be other local permit, *ukemenb or reglAatiate that must be mat priorb'dre constmdbn of tNe facillty, Only those apps callors, plans and specHkatons that have bean stamped with the Departmenffs approval number are included In this apprwai: Ary "noes to'these applications, plans or spedi C4111wumay render 9* approval null and vokl, ISO-0316, DEPARTMENT OF HEALTH f VPPROVE.D A4Wreval Stang atMDafe:1 pEf 28 2A04 Br• 31� i dtrlBld DOH Engineer Oi ; r Collier County lisalth Delia erlhB Epvironmeatal Haab and End Print Name Supp. Tech. Spec. 01001, - Permit Exhibits Page 26 of 31 1602 A4� wtsr o' xzi75 A�aww. ,b vo,�r:rrok v eyoN �$ NQOR$ 8GFOi E YOU 01S lzbd:r ; +J92Rtt i tc NGw Y Pr 2u fl ON � cart /sup H� . �'i x ra A ffitS°;TS9 tN S,7LVPp. ,.. 1400- "'I�.47 -i 0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION tf �1 gfirDx PERMIT DATE: 09/10/04 PERMIT NO. y (5(1 —x+01 0 ROAD SECTION # CJaOL(i. STATE RD. # 90 COUNTY Collier PERMITTEE: Collier County Board of County Commissioners c o Parks an ecrea ios ep ADDRESS: 3300 Santa Barbara Blvd., Naples, FL 34116 PHONE: (239) 353 -0755 FAX: REQUESTING PERMISSION FROM THE STATE OF FLORIDADEPARTMENT OF TRANSPORTATION, HEREINAFTER CALLED THE DEPARTMENT, TO CONSTRUCT, OPERATE AND MAINTAIN: A sidewalk connection from Eagle Lakes Park to the existing sidewalk on the north side of U.S. 41. AT/FROM M. PJSTA t �{' TO M.PJSTA. . 1. Proposed work is within the corporate limits of a municipality. YES ( ) NO (x ) Name of Municipali ty 2. Is interstate or toll road R/W involved? YES ( ) NO (X) 3 Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground and the accurate locations are shown on the plans. A letter of notification was mailed on 12/18,/03 to the following utilities/municipalities: FPL, Comcast, East Naples Fire Control and Rescue District, Sprint, and Collier county Public i sties. 4. The office of the local maintenance or resident engineer shall be notified twenty -four (24) hours prior to starting work and again immediately upon completion of work. The engineer is Mitch Riley. P. E. located at 2705 Horseshoe Drive, South Names, Florida. Telephone number is 2�9 659 -5767. FAX #"(2391659 -5787. 5. All work, materials, and equipment shall be subject to inspection by the local maintenanceor resident engineer and shall conform to all Department specifications and standards in effect as of the approval date of this permit. 6. All Department property shall be restored to its original condition in keeping with the Departments specifications and in a manner acceptable to the Department. 7. Plans of this installation shall conform to the Departments standard specification and roadway and traffic design standards and shall be made part of this permit by attachment. - Permit Exhibits 31 16D2 8. The Permittee shall commence actual construction in good faith with 180 days from the day of said permit approval and all work shall be completed with 3 6 5 days. If the beginnmg work date is more than sixty (60) days from the date ofpermit approval, then the Permittee must review the permit with the affected Department engineer to determine if any changes have occurred that would affect the proposed permit activity. 9. The construction and maintenance of said activity shall not interfere with the property and rights of a prior Permittee. It is expressly stipulated that this permit is a license for permissive use only and that the placing of facilities upon public propertypursuant to this permit shall not operate to create or vest any property right in said holder. 10. Whenever necessary for the construction, repair, rmProvement, maintenance, safe and efficient operation, alteration or relocation of all, or any portion of said highway as determined by the District Director of Operations, any and all facilities and appurtenances authorized hereunder; shall be immediately removed from said highway or reset or relocated thereon as required by the Director of 11. Operations. This will be accomplished at the expense of the Permitter. It is understood and agreed that the rights and privileges herein set out are granted onlyto the extent of the States right, title and interest in the land to be entered upon and used by the Permittee. To the extent allowed by Section 76828, Florida Statutes, the Permitter will, at all times, assume all risk, indemnify, defend and save harmless the State of Florida, the Departments officers, agents and employees from and against all claims, demands, action, liabilities and suits of any nature whatsoever arising out of, because of, or due to the Pesmittees use (or use by its agents or employees) of Department R/W. This will include any and all loss, damage, cost or expense arising in any manner on account of the exercise or the attempted exercise by the Permittee of the aforesaid rights and privileges. This will include any act or occurrence of omission or commission by the Permittee, its agents or employees. It is speeificallyunderstood and agreed that this indemnification clause does not cover or indemnify the Department for its negligence. 12: 13. During construction, all safety regulations of the Department shall be adhered to and the Permittee shall be responsible to provide measures, includingplacing and display of safety devices, that may be necessary in order to safety conduct the public through the project area in accordance with the federal manual on uniform traffic control devices (MiTTCD), as amended, and the Departments latest roadway and traffic design standards. Special Conditions: 14. This is to certify that the above information is correct with the understanding that any false statement will void the permit hereby requested. In case ofnoncompliance with the applicable statute, rule, regulation, standard or specification, this permit is void and the facility/ activity will have to be brought into compliance or removed from the Departments R/W at the Permittees expense immediately. Supp. Tech. Spec. 01001 - Permit Exhibits Page 28 of 31 1602 SUBMITTED BY: Murdo Smith PLACE CORPORATE SEAL PERMITTEE N/A :,. m D`ir�t AND TITLE .STT];STED Interi Collier County Parks & Recreation Dx MESS . Is waiver of corporate seal on file with the State of Florida Department of Transportation, Tallahassee, Florida? YES,( ) NO ( ) N/A Is roadway construction proposed or underway? YES { ) NO (X) WPI# Recommended for approval ` _ f Title: r rg&�a n- Date: Approved by ACT " T)ISTRICT'PE1tTvIITEt3C ADTfi&MI) REPRESENTATfVE Supp: Tech., Spec. 01001 - Permit Exhibits Page 29 of 31 yt ae,6 k° i }P. °.6�! 3y 1. 1. }9 {ufll @�3 <kY3d d M if wtZ�.tR yi 1➢ Y'A 1�,tA i I "`� t �9 �(j G( 4x1 9 F y.+�y.t �}H 1' �� o M1i.4 �� 1.e �'f�� ��,r "�`)� T ikR f'�a� �P r n t�eoe� -�c5 iq .l. Pal s, I � [� i zr3 to p, biyd ��C Ra{� J�"iu ri rYtio��""� <t lt�iil��J�. �±�i� t {i>O iq; i li- j, O (P y r� n�b q o'!ii situ b tt�gl�e 'ri �c �eiCti �ab7 Shy �sY i ct ie ¢ h �U E�Djh� � } �.: k 9.��Q bye -0Z i F p s i x at "a'r tea' Y i't .fix c ' a.d* t r✓ u�'�o �� Y^s > n i �:.... it c§ sie ea(� ®a �mP�xl a�t�4 Jo`,�ii too �5�1.kr�K �s�� �`'1 �v.�p�4�'fi�,�.� ��'t`z {� "�>t' vii. +��nr����e,!�..�i�?- �a✓,6r���1 f x` 2� 5 Y v °, t� s p� i 1 rt aHt i £ s 1U �E� 6 �t��a! to �y g¢ Sa £ mCs f + e f �• C � .z �R ft ,ay. �+ a (��} .! r) ag�� tr �. Qn z�ifa�iC "spin >, 3$`" e, P 5s'xeet a -K„ W, l P IS. � 7 �' ! : ey Maf% �x SPt''�h4 eg r §.: p +�i$ K'A'p 4 5+ y C 4 'ul,K,rsBRb" , s' f { �S�m).���s ?� . is itivill ink can to: ..._. N Staging & Storage Area for Pavilions & Tennis Courts Contractor Is, � 1� g5_Ar -- 1602 The Contractor shall limit staging and storage areas within the Owners Property to the grassed infield that is west of the main entrance (see above). The Contractor shall secure written permission from the Owner prior to utilizing any other area within the Owner's property for staging of equipment, materials storage yards, milling areas for laborers, etc. There may be other contractors working within the Park during the same time that this Project is under way. The Contractor shall take the necessary precautions to secure the staging, storage areas, and work zones to avoid conflicts with the construction work being done by others. Supplement to Specification 02705- 3.09.G vnrm� 1w Ve MF ncwwe nw wsmaozm�- eisoc:sne I .I EXHIBIT L STANDARD DETAILS GC- CA -L -1 16D2 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1 n e� T m Q N E O LL •o O V w O � y O 1O U d N O J O H Q N m Q' wl QI 16D2 O U U 0 W N C A C A m V « O N 'C o � a U) y C L 7 N U C .� > y � C a - v o > c > m L 'd a 0.0 Q' t H 7 j ¢ 0 a>i a0i d � . a o E cZ 01 CL CL CL H C O v d d Y O U U 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEry' T� 3 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 throw h routin lines #1 throw #4, complete the checklist, and forward to Sue Fison (Ii [Ric #5). Route to Addressee(s) Office Initials A'ate (list in routing order) 1. 2 3 n 5. Sue Filson, Executive Manager 6. Minutes and Records Board of County Commissioners 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 Phone Number Contact !T, ,.,4t �i,i mac,,.` 71c1 Agenda Dlb It was A ends Item Number Approved he BCC 1l `art" c' g i� F Is Type of Document Number of Original Attached --t` "'yj' f Documents Attached TNCTDT T!'TTf_%XT0 O_ 4" lr rr r,V�. .".., 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) 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 from pages ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from T I) 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. 1All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties 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 final negotiated contract date whichever is applicable. 1 4. ';Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re wired. u 5. In most cases (some contracts are an exception), the original document 4nd 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! 6. The document was approved by the BCC on it • a —i .; . (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 EASEMENT 16E3 • Form 3722 -A (Stocked) Rev.7 /94 Work Order No. Prepared By: Thomas A. Deusa Name: Joe White Sec. 12, Twp. 50, Rge. 25E. Co. Name: FP &L Co. Parcel I.D. 00389720001 Address: 4105 S.W. 15th.Ave. (Maintained by Property Appraiser) Naples, Fl. 34116 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width, described as follows: An FP &L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by Wayne D. Agnoli of Agnoli, Barber & Brundage, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this Jy day of �0 trz -A bc! , 2005. Board of County Commissioners Collier County, Florida By. W . ce��� Fred W. Coyle, Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E.,Brock{ Jerk;,,, P' fLtQ11d1:W"�!!���cn l,�t 3301 Tamiarn(ttial East,. f Naples, Florida 34112 Approved as to form and Legal s iciency. Ellen T. Chadwell, Assistant County Attorney 3742262 OR: 3939 PG: 2032 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 12/01/2005 at 10:53AK DWIGHT B. BROCK, CLERK RBC FIB 27.00 DOC -.70 .70 COPIES 3.00 Retn: REAL ESTATE SERVICES INTEROFFICE ATTN: THOK This ConveyYance Approved By The Board Of Coun Commissioners Collier County Florida, Pursuant To Agenda Date: it, 3-0: • c > -Item No: I it- 6 3 I O m Xcm w a O Co >- o_ a O _N L U a 0o O O W r, W a-.- W O u In <� }x !3' Q II Ki Z Q U O N CD fU/I O O p U W\ Q Q D: Q Z Z Q / r La uj Z 5 W� F- W Q D: m 3 W V) La W N :D ? �N p W W QC'! V / O O r m < z Z z C� Q o W� V) Z 0 0 m 3 cr 0. D_ � W Qo n= d d d Wm Z O U Q U ♦ I"' CV M a N tG 0 \\ \ 3 \ \\ J NN In \ \ n Inm OR: 9369 PG: 033 ,q+ Z W z rr W O CD z D O W O N W 1 \ h \ \\ Ewa L—O �wci V / \ J \\ L,W� a. \ \ \ \ \\ N O ►- \ \\ \\ x Z N (l£ wo) // avow IbodaId 3 O } to Ld �:w z N61, &4"-- Z W W f pp1 JP� 'P WN_ J � CN mm y< N� O L V V v Z W w V) a w J w v v �N Q awl QOf O lL U > o " D �- o d�U U w N WSJ o J QC) U Z (n Q U H LLJ N ■' y ■1 3 M N Pn v� i o O n. .. N O I\ O N L a C14 (A _II 4h� ci r o L w C7O 0 Q N U a� N � j z �+ O IWO 0 p,F°Jz ov e y C4 A A I W Z OA o 0 pq � V zl �� ■/■ Q - p ■ ■ ■ ■ ■ ■■ a c� 3 W z S a iW IZ QQ O S� iO p N .9 Z O 0 U (n W 0o r U W W W �W W Z Mp O M N fV 01 Ih N w N N n 1A W m to to Pr) if) * l�a N N to (n Z Q r F t0 C4 M 7 YY W U M a0 Z Z 07 N C ^ wi J .0 C"4 W _ ((yy 1 t J J J J W W e Q � M W O to m N p p O 00 r, U Z 2 D0CLi �of t00 W Q m t0 U2.8 J a0 t0 LLJ � O M T P D U U U 16E3 *** OR: 3939 PG: 2034 * ** o c N N cn 0 c ¢ � v N t L,, . 00 N e y U U D > d to o° F- N U n I �. W M 00 a N y N Z Q N qq �p i W w +� 6 l7 � 0 ZLL- v°Q ai v .' GE W W w lr W o H 2.11 Lr) :D O °0� � CL 0 (A Q X o � 9 ui Z p F- <:c . Z In Z I— O o o F'o O z ~ � N w CW9 Win: W o C'4 � °gs X 4) o aN LLJ °z W x °'A o F _ ■■■ .a F•y s CL �� .. ■ ■ ■■ Ljj ■ MEN ■..■■ w ■. ■■■■■■■ a, S W � Z O�V) Z •- U I �QO U hLn� -i w Q IlO 0 �Q I w� Z FiU QW (n I °° Q OW M- W 0 Z O F N nV Q w Q w Z DD -w W U- °Q Z w Q4 o F- w o= O Wf � o� (� NI COQ �2>- �N? O O 0 M Q00 ZO �a ~ F---Q �I Q I O�w ZUQ'Z °Q't JFl W ZQ(O O Z- we LL X w l O LaJQQ�- LL-FY z QUO w z° or c o LL ww ~ IF-ap F -M(IOO I o0 wd::j ~ZN _m 5� U_ Q H O wQ cn ZS U �iN�FFF- X wNL+iLn�W} Zoe F-w W W� Z F- mZ W � �_ wEn WLOL- - F-000Q mQ pU= pp mQ QN Z :- -1 w W M Z_ O JI N9LWi oW °w0 ~SF =�U3 Z >� OJUWZ W�(}jp d °•.O ~W Co > Q °d I WO QZQL`xCDZ) 0ir F -ww QUO aUZ�K �L.Z W QaQ ZF-(n oW� = o t-C4E Iii ��Q�Lf ZUi 0U� rQZ�= Zuj 0 zp m�Q �w (�(�{1 ��(0 pF��SmO��W�ro-0 wJQ wWL�Fa►QFjZ OUFQ -UJ CL F- QzcQn �O `C W I JpZ ww<Q -W zZ�Mm� w m ~�L�L�FQ QQL�wwlwi W wQ 0 J �" OWWZ�F -=F O U (n pW } 0 LA 0 L� Z 0I ZUJZ X JW- IQZp�UMZJ W2WF- QZ i- JJ W MWW WLnO QF- ai mI �cW X OULLJ QWU�OOwW N00 F=- -UZuiLLLJ H�ZO� ���p -,pz wtY Cif In po J I W Of F- F - =w43of W I aw =c i �aa oad -= NzoNM ZLnw F-Q-J oW W to tLIOp (n F- �Uw U LLB _ ~ QWn W m O W Z Lrn Q O� �W (�1=- OLLZw0LF -ZWW F-op ZC�QI -0 WUQF- F- F-MF -W OJQ wW' .Z W i aWWU =o1 -NOI W =FI QFQ-Z� QU° zoom ZQpQ �QCn wZ3 LWio U Z o f 0�Hw jQw�2F= -~ owpWOW2 <af Q =F-W QUF -Wa a WOW° HQLL- W Q Z I �F-Zm O Fi�U JAN t-Zli d WW ? F watQ i-o ~�FncDQO) z0 O OQp� (n~ O� °`t MQZ M =N �t,JW�t 0 X' Ow0NMQr) oQF- D� �LIY F- I J�oN 4JNN0 Q�rOF V�st0OF -O ?Wto XL- in -* (OF -Nm Q�2 C3Z mW x W (L'o � 10-U) Lx�FP,Zwfa,O> V) :D UO LO C,rMPUrn2 V) U, 0:2 �Z � WQWO Q��.N- I- °Qf~J1M }�ZF -�S§Z W�C�> W +LF(0 �tZ�W 0 dQ �LZ o �cn0Z paowZQ ,QiJ�aL�SN�Z< F-. F=-� �����Z pJ w I oWc Z;- oowo�SO3o¢wo0 :D -) ��L� » >F-XW Z ~w �p W¢ Z O O O I W OF JF -OO o 0 OOOWOF�,� J0E- f' QZ 0��J UpWUWOE /nL-ZJ. VFU -j wLnUWZx Z�wLnLnmmzY - WLn Z~ mo UNQ Z UW 047W p_W0W W WW LrU Q U Z WZQ ZF- cn o wZQaL+. W Z(n�O0C71p�-ZoiouoF-CU( I Z� "..)Z W J Ws W W W W WFiF O F-oW W Mj�F'o 000 ' =(�. W�h WL a.1�WOFQ- ZUF'ZUF-ZZZZZU �'� F- ) 0LWi Ld 1-QN� Ozoo *01 ui L- L'mF= -L �Z Z�F=- V4'I �2 wi F=- C..)5F=- F=- I=-��F= -I=- �OZ 0m Q� LLJ W ORIGINAL DOCUMENTS CHECKLIST & -120 G QX 10 TO ACCOMPANY ALL ORIGINAL DOCUMENT T 6 r THE BOARD OF COUNTY COMMISSIONERS OFFICE R SIG .,z r., Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to he forwarded to the Board Office only alierthe Board has Liken 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 Iinea #j. rhm!1oh #a Route to Addressee(s) List in routing order) _____ .. _ _..___ Office Initials Date 1.Colleen M. Greene County Attorney's Office (Initial) �r /I /3�'lc3 2. November 29, 2005 Agenda Item Number 16 E 4 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed , 4. Resolution, Executive Summary and One Number of Original 3 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 sumn%ary. 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 Don Albonesi Phone Number 774 -8487 Contact appropriate. (Initial) A licable) Agenda Date Item was November 29, 2005 Agenda Item Number 16 E 4 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed , Type of Document Resolution, Executive Summary and One Number of Original 3 Attached I Release Documents Attached INSTRUCTIONS & CHF,CKT,TST I: Forms/ Countv Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (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 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 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 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 BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/29/05 (enter date) and all changes made during the meeting have been incorporated in the attached document. The /r County Attorney's Office has reviewed the changes, if applicable. I: Forms/ Countv Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 I 16E4 ��11,I.If�N r, `fJ(i11` To: Sue Filson From: Don Albonesi Memorandum C.C.: Jean Merritt, Scott Teach (w/o attachments) Date: December 1, 2005 Subject: Settlement Agreement and Release for Dustin Debres Sue The attached Settlement Agreement and Release (and accompanying documents) is the last of two that have been outstanding since late 2004. Mr. Debres was the last of the two employees who did not accept the original calculations of the payments due to them as a result of our FLSA audit. We have now reached an agreement with him and our obligations under this FLSA audit have now been fulfilled. Please let me know if you have any questions or need further information. Th ou D � 1 , Attachments: Original Documents Checklist & Routing Slip Resolution No. 2004 -331 Executive Summary approved November 29, 2005 Settlement Agreement and Release for Dustin Debres _ �.16E4 MEMORANDUM Date: December 1, 2005 To: Don Albonesi, Compensation Manager Human Resources Department From: Ann Jenenjohn, Deputy Clerk Minutes and Records Department Re: Agenda Item #16E4: Settlement Agreement and Release for Dustin Debres Enclosed, please find a fully executed copy of the document, as referenced above, Agenda Item #16E4, approved by the Collier County Board of Commissioners on Tuesday, November 29, 2005. If you should have any questions, please call me at 774 -8406. Thank you. Enclosure 6 RESOLUTION NO. 2004 C-4 4 A RESOLUTION .OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, APPROVING THE CHANGE IN STATUS OF THIRTEEN EMPLOYMENT CLASSIFICATIONS FROM EXEMPT TO NON - EXEMPT RTEEN UNDER THE FAIR LABOR STANDARDS ACT ( "FLSA ") AND AUTHORIZ EXECUTION OF SETTLEMENT AGREEMENT AND ING THE BETWEEN THE COUNTY AND EMPLOYEES I LEASES BY AND CLASSIFICATIONS ALLOWING FOR REIMBURSEMENT OF ACOTUAL EVISED EKED BUT NOT PAID Tp SOME OF THOSE EMPLOYEES FORT WAGES TWO YEARS AS A RESULT OF HE PAST MISCLASSIFICATION OF STATUS UNDER THE FLSA UNTY'S GOOD FAITH WHEREAS, the FLSA and its regulations mandate, in part, standards for certain job classifications to be exempt from overtime compensation and, during the c n good faith review of its employment classifications commencing in the fall of 200e of a County determined that thirteen 13 .the FLSA overtime provisions should have beenlclassified as non-exempt previously not subject to the considered non - exempt and eligible for overtime compensation purantrtorthe amen be FLSA regulations. which became effective August 23, 2004; and ended WHEREAS, the 'thirteen (13) employment reclassification as non - exempt under the FLSA include: classifications A presently subject to Accounting Technician, Assistant Recycling Coordinator, Executive atAide to Assistant, Sr., Executive Assistant, Executive Secretary, BCC, Outreach Specialist, Licensing ' Facilities Compliance Officer, Library Acquisition Specialist, Technical Support rt Speecialist, anOperations Coordinator, Property Senior; and finical Support Specialist, WHEREAS, the FLSA and its regulations mandate that such employment classifications be properly designated as non- exempt and that employees r yment improperly designated as exempt while working in those classifications �.e previously reimbursement for overtime compensation for work actually entitled to previous two 2 p y performed during the ()Years; and WHEREAS, the County and those employees previously improperly designated I exempt under the FLSA have reviewed the actual overtime hours performed over the past two Years while employed in the subject classifications, if any, and fully and finally settle all claims and issues with respect to reimbursement weed to performed on behalf of the County for the prior two 2 for work total $18,810.24, subject to any additional related costs to be recalculate d upon final of Of the settlement agreements; and P execution NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUN COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: TY 16E4 1. The Board approves and adopts the designation of the above referenced employment classifications as non - exempt in compliance with the Fair Labor Standards Act. County staff is directed to undertake all necessary fully and finally implement the re- designation of those classi tionss as required under the FLSA. 2. The Board further authorizes the Chairman to enter into and execute the individual Settlement Agreement and Releases with the affected employees. sample copies of which are attached hereto as Exhibits "I" y total amount of $18,810.24, subject to an and "2," in the calculated upon final execution of the settlement agreements. related costs separate be agenda item detailing the total costs, if above the amount stated herein, will subsequently be brought to the Board for final review and approval. PASSED AND DULY ADOPTED by the Board of Coun Collier County, Florida, this 26th day of October, 2004. ty Commissioners of ATTEST DWIGHT E.. BROCK. Clerk Byi DEPUTY %/711 � 5 pproved�as to formAnd legal sufficiency: Scott R. Teach, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman _ftil EXECUTIVE SUMMARY Recommendation to authorize the additional expenditure of a sum not to exceed $3,453.89, resulting from the Board's October 26, 2004 approval of agenda item 16E(3), to reclassify certain county employment classifications from exempt to non - exempt under the Fair Labor Standards Act ( "FLSA ") so as to achieve full and final reimbursement of actual wages earned but not paid to those employees entitled to reimbursement as a result of the reclassification of their employment status under the FLSA. OBJECTIVE: For the Board of County Commissioners to approve the authorization of an additional sum, not to exceed $3,453.89, which sum represents the additional amount necessary to finalize a settlement agreement and release with one employee whose employment classification was reclassified from exempt to non - exempt under the FLSA and who is entitled to reimbursement for back wages actually earned but not paid as a result of the County's previous good faith misclassification of his employment status under the FLSA. CONSIDERATION: On October 26, 2004, the Board of County Commissioners adopted a Resolution approving the reclassification of thirteen (13) employment classifications from exempt to nonexempt under the FLSA. The Resolution also authorized the County to execute settlement agreement and releases with those employees who are entitled to reimbursement for overtime wages actually earned but not paid up to the amount of $18,810.24, subject to the discovery of any additional costs calculated upon presentation of the settlement agreements to the employees for final execution. During the course of obtaining the settlement agreement and releases from the affected employees, it was discovered that the total amount owed could be as much as $7,500.00 more than originally estimated in the Resolution. On December 14, 2004 the Board of County Commissioners authorized the expenditure of that $7,500.00. Subsequent to December 14, 2004 two employees provided records indicating that they had worked more hours on behalf of the County than had been previously calculated. Since that time, the County was able to settle with one of those employees based upon the Board's December 14, 2004 authorization of funds. Because the FLSA mandates that employees are entitled to receive the actual amount of unpaid back wages owed, authorization is sought for an additional sum not to exceed $3,453.89 so that the settlement agreement and release for this final affected employee can be finalized and presented to the Chairman for execution pursuant to the October 26, 2004 Resolution. The total amount that will have been paid to execute settlement agreement and releases with all effected employees is $29,764.13. FISCAL IMPACT: The base fiscal impact resulting from the authorization of this additional sum, which the County is required to remit to the affected employee pursuant to federal law, amounts to no more than $3,453.89. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of Commissioners authorize the expenditure of an additional sum not to exceed $3,453.89, which represents the additional sum necessary to finalize a settlement agreement with an employee whose employment classification was reclassified from exempt to non - exempt under the FLSA, and who is now entitled to reimbursement for back wages actually earned but not paid as a result of the County's previous good faith misclassification of his employment status under the FLSA. PREPARED BY: Scott R. Teach, Manager – Employee/Labor Relations, Human Resources Department and Don Albonesi, Manager — Compensation, Human Resources Department I 16E4 SETTLEMENT AGREEMENT AND RELEASE This settlement agreement and release executed by COLLIER COUNTY (the "Employer") and David Debres (the `Employee ") is intended to effect the extinguishment of all obligations between the parties for and in consideration of any and all claims for past due salary, overtime wages, remittances and all other sums from the Employer made by the Employee up, through and including the date of execution of this Release arising from or relating to the Employer's classification status of the Employee as exempt under the Fair Labor Standards Act (" FLSA" ). The Employer and Employee hereby covenant and agree on the following in exchange for the consideration paid to the Employee hereunder, as well as, their promises to release one another as set forth herein A. The Fair Labor Standards Act ( "FLSA ") and its regulations provide, in part, standards for certain job classifications to be exempt from overtime compensation. B. In the fall of 2003, the Employer commenced a good faith review of all of its job classifications and their descriptions and determined that several job classifications previously not subject to the FLSA overtime provisions should have been classified as non - exempt or should now be considered non - exempt and eligible for overtime compensation pursuant to the amended FLSA regulations, which became effective August 23, 2004. C. The parties agree that the Employee performed work that would entitle him/her to payment of actual overtime wages for the past two years as a result of the misclassification of his/her status under the FLSA in the amount of $3,455.55. Payment of the unpaid overtime wage shall be reimbursed to the employee no later than the second pay period following the execution of this agreement. D. The Employer and Employee further agree that it is appropriate to resolve any potential claim(s) arising under the FLSA by entering into this agreement to discharge all claims related thereto, subject to the terms and conditions set forth herein. In the event that the Employee is not currently employed in one of the subject classifications, this agreement pertains to that period of time in which the Employee was so employed during the last two years. In consideration of payment of the above sum and the relinquishment of their respective legal rights with reference to the aforementioned matter, each party expressly releases the other, and their heirs and legal representatives, from all liability for such claims and demands, and further releases, acquits and forever discharges each other, of and from all manner of action and actions, suits, and controversies whatsoever, in law or in equity, relating to the Employee's actual classification status under the FLSA as non- exempt as it pertains to the Employee's wages and compensation earned from the . 1 16E4 Employer for the pay period commencing two years prior to and, through and including, the date of execution of this mutual release. IN WITNESS WHEREOF, the parties, and or their duly authorized agents have signed and sealed this Settlement Agreement and Release on the date set forth below. ATTEST: DWIGHT F— .BOCK, CLERK _ AL test A Witness Signature key A vwder Witness Printed Name itness Signature Witness Printed Name Applrrovve�d; as to form and legal sufficiency N, 4 -C-re'ri� Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: t FRED COYLE, CHAIR IN 1A J Employee Signature Employee: &vt ,�u Orr s Print Name Dated: / t,�- Id — 0 S_- 2 o3ps`4 P�e�, Renee A. Finsterwalder l : Commission # DD320110 ` o� Expires June 26,2W8 OF Pie Bonded TAy Fain - WeAum. Mc 0003957019 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN 1 TO ACCOMPANY ALL O y RIGINAL DOCUMENTS SENT tl& • 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) (List in routing order) Office Initials Date 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 2.Heidi Ashton County Attorney's Office Agenda Item Number 16 -F -1 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 Gail Hambright Phone Number 213 -2966 Contact a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was 11/29/05 Agenda Item Number 16 -F -1 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document resolutions, etc. signed by the County Attorney's Office and signature pages from Number of Original 1 Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTioNC z rmvrur re-r 1.• Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) 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 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 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 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! 1.• Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04 gfife m�Vo. 16F1 • bsajL,229, 200 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve a Tourist Development Category "A" FY 06 Tourism Grant Agreement submitted by the City of Naples for Category "A" City of Naples Projects in the amount of $125,000.00. Project numbers 900033 and 900212. OBJECTIVE: To obtain approval of Tourist Development Category "A" Tourism Agreement as recommended for approval by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The attached Tourist Development Category "A" Tourism Agreement was reviewed and recommended for approval by the Coastal Advisory Committee on March 10, 2005, and the Tourist Development Council on May 28, 2005. Advisory board recommendations were pursuant to the TDC Category "A" funding policy adopted by the Board of County Commissioners on December 16, 2003. PROJECT/DESCRIPTION AMOUNT City of Naples Doctors Pass Monitoring 2006 Project No. 900033 $65,000 City of Naples Beach Cleaning 2006 Project No. 900212 $60,000 TOTAL $125,000 FISCAL IMPACT: Funding for each project is contained within the FY 06 Budget — Fund 195. The source of funds is category A Tourist Development taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached Tourist Development Category "A" Tourism Agreement in the amount of $125,000. PREPARED BY: Gail Hambright, Tourist Tax Coordinator 16F1 2006 TOURISM AGREEMENT BETWEEN COLLIER COUNTY • AND THE CITY OF NAPLES FOR FY 06 CATEGORY "A" CITY OF NAPLES PROJECTS. THIS AGREEMENT, is made and entered into this' day of Alegi e_m6', it o-a tie r co 2005 ° y o "a o `*71 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a "" °m political subdivision of the State of Florida, hereinafter referred to as "COUNTY" RECITALS: WHEREAS, CITY has submitted applications for Category "A" Tourist Development Tax Funds in the aggregate amount of $125,000.00 for the City of Naples Projects for fiscal year 2006 as described in Exhibit A to this Agreement (the 'Project "); and WHEREAS, the COUNTY desires to fund the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PRENESES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining the Project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as 'Proposal ", attached as Exhibit "A ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. .0 2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under this Agreement shall be One Hundred Twenty -Five Thousand Dollars and No /100 ($125,000.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of 0 Z1. .P.tw r 0 0 16FI an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". "W 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be o paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible C-"' expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "B ". All payments are on a reimbursement basis only after proof of paid invoices are 2 16F1 ". J*% presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the o Certificate of Insurance. w 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or o b subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for 0 paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 3 16F1 , 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and 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 Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Dr. Michael Bauer City of Naples 280 Riverside Circle Naples, Florida 34102 Jack Wert, Executive Director o Naples, Marco Island, Everglades Convention�a & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. M 0 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: o b 0 Jack Wert, Executive Director o Naples, Marco Island, Everglades Convention�a & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. M 16FI , 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, 0 Pa papers and financial information pertaining to work performed under this Agreement. GRANTEE w agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of 0 three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving o transactions related to this Agreement. rn 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 14. TERM. This Agreement shall become effective on October 1, 2005, and shall remain effective until sixty (60) days after completion of the Project described in Exhibit "A ", but no later than September 30, 2006. 5 16F1 15: AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ;IjII; lkOCK, Clerk pY .V i s A ' Cjerk Approved as to form and legal sufficiency: A F. shton Assistant County Attorney Con BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - FRED W. COYLE, Chairm 9 w 0 Fv 0 �-a Approved as to form and legal sufficiency: ROBERT D. PRITT, City Attorney (corporate seal) CP ITDC\2006Agreement1FY06CityProj ects 7 16F1 GRANTEE CITY OF NAPLES B : Y BILL BARNETT, Mayor WITNESSES: (1),,,n Signature J wc," P 3aseh &X(, Printed /Typed Name (2) 04� Sigffn11ature 0 Printed/Typed Name 9 w b c� 00 16F1 0 EXHIBIT "A" BUDGET - CITY OF NAPLES DOCTOR'S PASS POST PROJECT ENVIRONMENTAL MONITORING 12 Month Monitoring Studies $ 65,000 BEACH CLEANING PROJECT Salary Benefits 1 Equipment Operator $ 36,000 Fuel and Maintenance $ 4,000 Contractor & Heavy Equipment Rental $ 20,000 Subtotal $ 60,000 AGGREGATE TOTAL 1125-0-00 Z- 1 o ff- -- 16F1 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION City of Naples Post Project Environmental Monitoring of Doctors Pass 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: David M. Lykins, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone: 213 -7120 Fax: 213 -7130 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Details of Project- Description and Location: The Doctors Pass maintenance dredging permit requires a 12 -month post project environmental monitoring of the pass to insure the pass remains navigable and that the beach - compatible sand, which is placed in the nearshore environment is carried onto the beach does not impact environmentally sensitive nearshore habitat. This monitoring is a continued dredging permit requirement mandated by the DEP, the COE and the Doctors Pass Inlet Management Plan. 5. 6. 7. 8. Estimated project start date: October 1, 2005 Estimated project duration: 12 months Total TDC Tax Funds Requested: $65,000.00 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X-) 9 w 0 b 0 •.- 16F1 Collier County Tourist Development Council Category "A" Grant Application Page 2 City of Naples Doctors Pass Post Project Environmental Monitoring PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $65,000.00 City/Taxing District Share $0 State of Florida Share $0 Federal Share $0 TOTAL $65,000.00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) The Doctors Pass Maintenance Dredging Long Range Budget Estimate provides costs for FY 2006 for the 12 -month environmental monitoring studies. Costs were projected by Coastal Planning and Engineering and previously reviewed by the Coastal Advisory Committee. TOTAL $65,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering o beach renourishment and maintenance and agree that my organization will comply with all idelines and criteria. w o �s b ignature of Sponsor Organ" ation's Chie Official l3ste c� 00 .1 DOCTORS PASS Doctors Pass Maintenance Dredging Long Range Budget Estimate Estimated FY 2005 Cost Permit fees $8,500 Additional permitting studies & surveys $35,000 Final design & bidding $30,000 Construction services $25,000 Channel Dredging $425,000 Pre - construction monitoring $75,000 $598,500 FY 2006 12 -month environmental monitoring $65,000 studies FY 2007 $36,000 24 -month environmental monitoring $67,000 studies $515,000 FY 2008 $55,000 36 -month environmental monitoring $67,000 studies Final design & bidding $33,000 Construction services $28,000 Channel Dredging $470,000 $598,000 FY 2009 12 -month environmental monitoring $71,000 studies FY 2010 24 -month environmental monitoring $73,000 studies FY 2011 36 -month environmental monitoring $73,000 studies Final design & bidding $36,000 Construction services $31,000 Channel Dredging $515,000 Construction environmental monitoring $55,000 $710,000 0 � �- 16F1 0 b G7 a FY 2012 FY 2013 12 -month environmental monitoring studies 24 -month environmental monitoring studies Doctors Pass Maintenance Dredging Long Range Budget Estimate (Continued) FY 2014 36 -month environmental monitoring studies Final design & bidding Construction services Channel Dredging Construction environmental monitoring FY 2015 12 -month environmental monitoring Assumptions: November to October fiscal year 3% annual inflation 3 -year maintenance dredging cycle 14,000 c.y. /yr. shoaling rate $6.00 /c.y. unit cost $175,000 mob /demob cost No environmental impacts found during monitoring No mitigation required ��h►61 t A S 0- 71 $77,000 $79,000 $78,000 $41,000 $34,000 $570,000 $60,000 $783,000 $81,000 fbFl O w 0 0 6. Estimated project duration: one year 7. Total TDC Tax Funds Requested: $60,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) (P 0� 1-6 F 1 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Maintenance 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Person, Title and Phone Number: Name: David M. Lykins, Community Services Director Address: 735 Eighth Street South City: Naples, Florida 34102 Phone: 213 -7120 Fax: 213 -7130 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Details of Project- Description and Location: Within the current fiscal year, the City has purchased equipment for the maintenance of the beachfront within the City from the southernmost permitted cleaning area north to Clam Pass. Accumulations of algae /seaweed will continue to wash ashore, and natural surf conditions continue to expose rocks in various areas of the beach causing use challenges for residents and visitors. Significant p efforts continue to be coordinated between the City of Naples and Collier County staff for the removal of debris from the beach. Efforts continue to be expended by the City to responsibly and timely respond to algae accumulations to insure the public beach areas remain relatively useful for residents and visitors desiring to 0 utilize these resources. ...d G� This request will be designated for funding the salary and benefit costs for one vehicle operator, operational, maintenance and fuel costs for equipment, and base o funding for the occasional rental of heavy equipment required when needed to C Dv:a remove algae accumulations that the surf rake is unable to remove. 5. Estimated project start date: October 1, 2005 6. Estimated project duration: one year 7. Total TDC Tax Funds Requested: $60,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) (P 0� 16F1 , Collier County Tourist Development Council Category "A" Grant Application Page 2 Removal of Algae, Rocks, Seaweed Accumulations from City of Naples Beaches PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $60,000 TOTAL $60,000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Salary/Benefits 1 Equip. Operator $ 36,000 Fuel & Maintenance $ 4,000 Contractor & Heavy Equipment Rental $ 20,000 TOTAL $60,000 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and maintenance and agree that my organization will comply with all guidelines and criteria. Signature of Sponsor O ganizat on's Chief Official Date GykIi6I} A 77 of q ZWE W9 w .sue c� WIV :el h EXHI T- e) REQUEST FOR FMS COL MR COUNT' TO .MT DEVEWPMNT COUNCIL -EVENT NAME - ORCIAIIZAMON• ADDRESS CONTACT PERSt]N TMEXPHOM { ) REQUEST P=OD OD FROM TO. REQUEST# E MERM SORT FW L RFPoRT .TOTAL CoNTRACTAMoUNT,S . . BUDGET TBURSMENT REQUESTFKD TOTALS NOTE: lvxmishn ag false infoxmatioxt may constitute a vialation of applicable State and "E F'edezal. Iaws. . C`ERTiFXCATIOI� OF FINANCi A L OMC`EA : S cgrtTy that the above information is correct based on ou r 6ffldaj accounting's Ystem and records, consistexitly applied and main taineel and that the cost�shown have beexz made for the purpose 4f. and in accordance With, the s term of the contract. The funds reque'sted are fGr:reirlbu3rsement of actual cost Made during this time peziod_ ' SIGNATURE 16 F 130 MEMORANDUM Date: December 1, 2005 To: Gail Hambright Tourism From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: 10 -year lease with U.S. Mineral Management Services For Out Continental Shelf Sand Enclosed please find three (3) originals of the document as referenced above, (Agenda Item #16F3), as approved by the Board of County Commissioners on Tuesday, November 29, 2005. Please return one (1) original to Minutes and Records upon completion of all required signatures. If you have any questions, please call 774 -8411. Thank you, Enclosure (2) ORIGINAL DOCUMENTS CHECKLIST t& ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16F 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 lint thrr,.,,,h ..,.,t:..,. c..-,. 441 - - - - - -- - -• -- •• Route to Addressee(s) List in routing order •� »... .... n..,,,�„ , .., wn, ,cre me cnecxust, and Office torward to Sue Filson Initials line #5 . Date 1. Agenda Item Number 16F3 Approved by the BCC 2. Type of Document Recommend Approval of a 10 -year lease with Number of Original 3. Attached - Agreement U.S. Mineral Management Services Documents Attached 4 Colleen M. Greene County Attorney CMG 5. Sue Filson, Executive Manager Board of County Commissioners Chairman and Clerk to the Board and possibly State Officials.) 6. Minutes and Records Clerk of Court's Office CMG 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 Contact Gail Hambright Phone Number 213 -2966 Agenda Date Item was November 29, 2005 Agenda Item Number 16F3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Recommend Approval of a 10 -year lease with Number of Original Three (3) Attached - Agreement U.S. Mineral Management Services Documents Attached (US /MMS) for Outer Continental Shelf Sand contracts, agreements, etc. that have been fully executed by all parties except the BCC required for the Beach Renourishment Chairman and Clerk to the Board and possibly State Officials.) Project No. 905271. All handwritten strike - through and revisions have been initialed by the County Attorney's 1NV%TR1j TTnNC R, d-upt -wir icm 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 dal S -_. . -- - - -- — -- ....�.v vaa...-,111J 1U 1 Initial the Yes column or mark "N/A" in the Not Applicable column whichever is Yes N/A (Not 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be Initial ) CMG Applicable) 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 CMG 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 CMG 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 CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A CMG 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 November 29, 2005 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 dal S UNITED STATES DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE NEGOTIATED NONCOMPETITIVE LEASE FOR SAND, GRAVEL AND SHELL RESOURCES ON THE OUTER CONTINENTAL SHELF This form does not constitute an information collection as defined by 44 U.S.C. 3502 and therefore does not require approval by the Office of Management and Budget. 16F3 Office Washington, DC Lease number OCS -G -23707 �� Icase. is made under the authority of Section 8(k)(2)(A)(i) of the Outer Continental Shelf Lands Act of August 7, U.S.C. 1331 et seq.), P.L. 95 -372, as amended by P.L. 103 -426, (hereinafter called the "Act "), between the "1 States of America (hereinafter called the "Government "), acting through the Minerals Management Service 1:inafter called the "Lessor "), and the Collier County, Board of County Commissioners, Florida (hereinafter called In consideration of the promises, terms, conditions, covenants, and stipulations contained herein or hereto. the parties mutually agree as follows: - crrion 1. Lease Area Under the terms and conditions of this lease, the Government hereby authorizes the removal P io 673.000 cubic yards of sand only for exclusive use in the beach re- nourishment of a portion of Collier County .h �. The sand will be placed on 8.6 miles of beach to restore Vanderbilt Beach, Park Shore. Pelican Bay and the or' Naples public beaches. The sand source is a sand ridge identified as Borrow Area T1 which is located 33 ;iom the beaches to be re- nourished between DNR monument (R -20) in the north and (R -80) in the south. This ization includes the right of the Lessee to remove and place sand on these beaches prior to the expiration of this i rom the Federal Outer Continental Shelf (OCS) areas within the T1 Borrow Area within the following inates: g .. Borrow Area TI Corner Coordinates Collier County Renourishment Project tasttn- Lat. (Degrees) Long. (Degrees)Lat. (Decimal) Long (Decimal) '085 �7 26 23 24.9 82 22 02.1 26.39024 82.36726 201944 26 23 23.8 82 23 14.9 26.38995 82.38746 201928 26 23 43.7 82 23 15.3 26.39548 82.38757 _101026 26 23 47.6 82 23 25.2 26.39657 , 8� 39034 201762 26 24 03.3 82 23 173 26.4009 3 82.38814 205279 26 24 03.5 82 22 38.7 26.40098 82.37740 205452 26 24 01.8 82 22 36.7 26.40050 , g.. ,76x7 206055 26 23 56.8 82 22 30.0 26.39911 82.37501 206711 2623 52 2 82 22 22.8 26.39784 2., 8� X7_99 206583 26 23 42.6 82 22 24.1 26.39517 82.37335 2207313 M 23 36.9 82 22 16.0 16.39360 82.37110 207800 26 23 37.1 8222 10.6 26.39363 82.36962 - 205557 26 23 24.9 82 22 02.1 26.39024 82.36726 16 FO@ Section 2. Statutes and ReEMlationS This lease is issued subject to the Act (43 U.S.C. 1337(k)(2)(A)(i)), all regulations, orders, guidelines, and directives issued pursuant to the Act and in existence upon the Effective Date of this lease, all regulations, orders, guidelines, and directives subsequently issued pursuant to the Act that provide for the prevention of waste and conservation of the natural resources of the OCS and the protection of correlative rights therein, and all other applicable statutes and regulations. Section 3. Effective/Expiration Date of Lease The lease will be effective upon signature by both parties. This lease will expire one hundred eighty (180) calendar days from the effective date if the Lessee does not issue a Notice to Proceed to a dredging contractor during that time. If a timely Notice to Proceed is issued, then the lease will expire three hundred sixty five (3 65) days from the date the dredging contractors receive notice, or upon completion of the project, whichever occurs first. A written request for an extension of time may be submitted to MMS by the Lessee not less than thirty (30) days or more than ninety (90) days prior to the expiration of the lease. Section 4. Notice of Operations The Lessee shall immediately notify the Lessor of commencement or termination of operations after the Lessee receives such notification from its contractor. Section 5. Plans and Performance All operations in the leased area shall be conducted in accordance with the final approved project plan and all conditions as referenced in Attachment 1: Collier County Lease Stipulations, and all applicable regulations, orders, guidelines and directives. The Lessee shall provide the Lessor with a copy of the Project's "Construction Solicitation and Specifications Plan" (herein referred to as the Plan) for review and approval. Not withstanding any other provision of this lease, no activity or operation authorized by it at the designated offshore borrow sites shall be carried out until the Lessor has determined that each such activity or operation described in the Plan will be conducted in a manner that is in compliance with the provisions and requirements of the lease. Any modifications to the Plan which affect the designated offshore borrow sites must be approved by the Lessor prior to implementation of the modification. The Lessee acknowledges and assumes primary responsibility for all lease activities conducted by the Lessee, its employees, contractors or other persons or entities acting on the Lessee's behalf, and agrees to expressly require compliance with the terms and provisions of this lease in any contract entered into by the Lessee with such parties. The U.S. does not warrant the content or quality of the sand for the purposes for which it is intended. The Lessee further agrees to conduct periodic reviews and inspections of such activities to ensure compliance with the terms and conditions of the approved plan and this lease. Any modifications to the approved project plan shall be approved by the Lessor prior to implementation. The Lessee further agrees that no activities authorized by the approved plan or this lease will be carried out in a manner that (1) interferes with or endangers operations under any lease issued or maintained pursuant to the Act, (2) causes any undue harm or damage to aquatic life, (3) causes pollution, (4) creates hazardous or unsafe conditions, (5) unreasonably interferes with or harms other uses of the leased area, or (6) disturbs cultural resources. Section 6. Safetv Requirements The Lessee shall require that all necessary steps be taken to assure that their Contractor: (1) maintains all operations within the leased area in compliance with regulations, orders, guidelines, and directives intended to protect persons, property, and the environment, including mineral deposits and formations of mineral deposits not leased hereunder, and (2) allows prompt access, at the site of any operation subject to safety regulations, to any authorized Federal inspector and shall provide any documents and records that are pertinent to occupational or public health, safety, or environmental protection as may be requested. This lease is valid only if such steps are incorporated in the contract between the Contractor and the Lessee. Section 7. Violations. Susnensions and Cancellations If the Lessee violates any provisions of this lease, the Lessor may, after giving written notice, suspend any further operations of the Lessee under this lease, except such operations as may be necessary to remedy any violations. If the Lessee fails to remedy all violations within thirty (30) days after receipt of suspension notice, the Lessor may, by written notice, cancel this lease and take appropriate action to recover all damages suffered by the Government by reason of such violations. 16F3 Section S. Responsibility for Damas"es Suffered Costs or Expenses Incurred by the Government The Lessor does not warrant that the sand to be used in this project is suitable for the purpose for which it is intended. If the Lessor incurs any damages, costs, or liabilities resulting from the use of such sand, or through the negligence of the Lessee or its agents, contractors, or employees in relation to any operations conducted under this lease, the Lessee shall indemnify the Lessor for such costs, damages, or expenses incurred. Such indemnification is not to be construed as a further waiver of sovereign immunity in excess of the legislative waiver of sovereign immunity in Section 768.28, Florida Statutes. Section 9. Assignment or Transfer of Lease. This lease may not be assigned or transferred without written approval of the Lessor. Section 10. Surrender of Lease. The Lessee may surrender this lease by filing with the Lessor a written relinquishment that shall be effective on the date of filing. Section 11. Stipulations. The Lessee shall be subject to all the appended Stipulations to this Lease. Collier County — Board of County Commissioners (Lessee) (Signature of Authorized f&er) cy (Name of Signatory) Fred Coyle, Chairman Collier County, Board of County Commissioners (Title) (Date) Attested: Clerk of tourts :Part CA IN. (Address of Lessee) 16 F; THE UNITED STATES OF AMERICA, Lessor (Signature of Authorized Officer) (Name of Signatory) Associate Director for Offshore Minerals Management (Title) (Date) If this lease is executed by a corporation, it must bear the corporate seal �pprovec- as W Mrm &legal sufficiencl Colleen M. Greene _assistant Count[' _lttornec Item # 0 Agenda It _?i '&- Date r'fe `2 Recd 16 Flom UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR MINERALS MANAGEMENT SERVICE NEGOTIATED NONCOMPETITIVE LEASE FOR SAND, GRAVEL AND SHELL RESOURCES ON THE OUTER CONTINENTAL SHELF COLLIER COUNTY FLORIDA STIPULATIONS LATION NO- I - Post -Dyed in H dro ra hic Surve s of the Ocean Borrow Site _ed excavations within the ocean borrow site shall not exceed maximum slide slopes of 2:1 and shall not result in _ reation of a deep pit or hole. A hydrographic survey is required by the Lessee after the dredging is completed. , , data shall be submitted to the Lessor within two (2) weeks after receipt by the Lessee. The hydrographic data he in a format that is compatible with pre- dredging hydrographic data to enable the latter to be subtracted from l,. -.;rmer to calculate the volume of sand removed and the shape of the excavation. l i1 71 -A NO. 2 - Endan ered and Threatened S ecies Under the National Oceanographic Atm :anistration (NOAA) Fisheries Turisdiction ospheric -, .he terms of section 7(b)(4) and section 7(o)(2) of the Endangered Species Act, taking that is incidental to and tended as part of the agency action is not considered a prohibited taking provided that such taking is in :lance with the terms and conditions set forth below. The documented incidental take, by injury or mortality, of ? i Kemp's Ridley's, three (3) green turtles, one (1) hawksbills, five (5) loggerhead turtles, and one (1) s lily, of .,41 is set per fiscal year for all channel dredging and sand mining by hopper dredge in the United States Army C Engineers (USAGE), Jacksonville District west of Key West by the November 22, 2003 Gulf of Mexico pal Biological Opinion pursuant to section 7(b)(4) of the ESA. This take level represents the total authorized °r ear for hopper dredging projects conducted and permitted by the USACE Jacksonville District. ,see shall ensure that the following standards shall be met: taper Dredging: Hopper dredging activities in Gulf of Mexico waters from the Mexico -Texas border to Key t. Florida up to one mile into rivers shall be completed, whenever possible, between December 1 and March ,vhen sea turtle abundance is lowest throughout Gulf coastal waters. The Lessee or its agent shall discuss with Lessor and National Oceanographic Atmospheric Administration (NOAA) Fisheries why a particular project :; "nut be done within the December 1 -March 31 "window." c„ ers: The Lessee or designated representative shall arrange for NOAA Fisheries - approved observers to be end the hopper dredges to monitor the hopper spoil, screening, and drag -heads for sea turtles and Gulf sturgeon heir remains. Observer coverage of hopper dredging of sand mining areas shall ensure 50% monitoring (i.e., one observer). r;trioned Procedures: During periods in which hopper dredges are operating and NOAA Fisheries - approved =:. ers are not required, the Lessee must: 16F3 a. Advise inspectors, operators and vessel captains about the prohibitions on taking, harming, or harassing sea turtles b. Instruct the captain of the hopper dredge to avoid any turtles and whales encountered while traveling between the dredge site and offshore disposal area, and to immediately contact the Lessee or its agent if sea turtles or whales are seen in the vicinity. c. Notify NOAA Fisheries if sea turtles are observed in the dredging area, to coordinate further precautions to avoid impacts to turtles. d. Notify NOAA Fisheries and immediately by phone (727/570 -5312) or fax (727/570 -5517) and if a sea turtle or Gulf sturgeon is taken by the dredge. 4. Screening: When sea turtle observers are required on hopper dredges, 100% inflow screening of dredged material is required and 100% overflow screening is recommended. If conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as further detailed in the following paragraph, but 100% overflow screening is then required. NOAA Fisheries must be consulted grior to the reductions in screening and an explanation must be included in the dredging report. a. Screen Size: The hopper's inflow screens should have 4 -inch by 4 -inch screening. If the Lessee or its agent, in consultation with observers and the drag -head operator, determines that the drag -head is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6- inch by 6 -inch, then 9 -inch by 9 -inch, then 12 -inch by 12 -inch openings. Clogging should be greatly reduced with these flexible options; however, further clogging may compel removal of the screening altogether, in which case effective 100% overflow screening is mandatory. The Lessee or its agent shall notify NOAA Fisheries beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. b. Need for Flexible, Graduated Screens: NOAA Fisheries believes that this flexible, graduated- screen option is necessary, since the need to constantly clear the inflow screens will increase the time it takes to complete the project and therefore increase the exposure of sea turtles to the risk of impingement or entrainment. Additionally, there are increased risks to sea turtles in the water column when the inflow is halted to clear screens, since this results in clogged intake pipes, which may have to be lifted from the bottom to discharge the clay by applying suction. 5. Dredgi,:g Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator when the drag -heads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the water column. This precaution is especially important during the cleanup phase of dredging operations when the drag -head frequently comes off the bottom and can suck in turtles resting in the shallow depressions between the high spots the drag -head is trimming off. 6. Sea Turtle Deflecting Drag -head: A state -of -the -art rigid deflector drag -head must be used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of the year. 7. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be faxed to NOAA Fisheries Southeast Regional Office (727 -570 -5517) and the Lessor (703- 787 -1165) by onboard endangered species observers within 24 hours of any sea turtle, Gulf sturgeon, or other listed species take observed. A report summarizing the results of the hopper dredging and any documented sea turtle or Gulf sturgeon takes must be submitted to the Lessor and NOAA Fisheries within 30 working days of completion of the dredging project. Reports shall contain information on project location specific area dredged), start-up and completion dates, cubic yards of material dredged, problems encountered, incidental takes and sightings of protected species, mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type 16F3 nflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, ,,rcent observer coverage, and any other information deemed relevant. `a Furtle Strandings: The Lessee or designated representative shall notify the Sea Turtle Stranding and Salvage ictwork (STSSN) state representative (contact information available at: 1 tro:// www. sefsc .noaa.eov /seaturtleSTSSNJ --J of the start-up and completion of hopper dredging operations and cd- leveler dredging operations and ask to be notified of any sea turtle /sturgeon strandings in the project area that, .n the estimation of STSSN personnel, bear signs of potential drag -head impingement or entrainment, or interaction with a bed - leveling type dredge. nformation on any such strandings shall be reported in writing within 30 days of project end to NOAA Fisheries `c)utheast Regional Office. Because of different possible explanations for, and subjectivity in the interpretation of ;otential causes of Strandings, these Strandings will not normally be counted against the USACE Jacksonville District's take limit; however, if compelling STSSN observer reports and evidence indicate that a turtle was killed ly a hopper dredge or a bed - leveling type dredge, that take will be deducted from the ITS' anticipated take level ,r that USACE Jacksonville District where the take occurred. IL1porting - Strandings: The Lessee or its representative shall provide NOAA Fisheries Southeast Regional Office .:nd the Lessor with a report detailing incidents, with photographs when available, of stranded sea turtles and Gulf ; urlgeon that bear indications of drag -head impingement or entrainment. This reporting requirement may be riL:iuded in project report required in Term and Condition No. 7, above. onditions Requiring Relocation Trawling: Handling of sea turtles captured during relocation trawling in 1,,sociation with hopper dredging projects in Gulf of Mexico navigation channels and sand mining areas _ shall be ,,nducted by NOAA Fisheries- approved endangered species observers. Relocation trawling shall be undertaken here any of the following conditions are met. a. Two or more turtles are taken in a 24 -hour period in the project. b. Four or more turtles are taken in the project. �. 75% of the USACE, Jacksonville District's sea turtle species quota for a particular species has previously been met iocation Trawling Waiver: The Lessee or designated representative may request to the USACE Jacksonville :strict and NOAA Fisheries a waiver of part or all of the relocation trawling requirements. NOAA Fisheries will nsider these requests and decide favorably if the evidence is compelling. vocation Trawling - Annual Take Limits: The November 2003 Opinion authorizes the annual (by fiscal year) e of 300 sea turtles (of one species or combination of species) and eight Gulf sturgeon by duly - permitted, )AA Fisheries- approved observers in association with all relocation trawling conducted or contracted by the 111' Gulf of Mexico USACE Districts to temporarily reduce or assess the abundance of these listed species during rid in the 0 -3 days immediately preceding) a hopper dredging project in order to reduce the possibility of lethal ;;per dredge interactions, subject to the following conditions: Frawl Tune: Trawl tow -time duration shall not exceed 42 minutes (doors in - doors out) and trawl speeds ,hall not exceed 3.5 knots. ,,indling During Trawling: Sea turtles and sturgeon captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, and shall be released over the side of the vessel, sway from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, )osition (i.e., not rotating). Resuscitation guidelines are attached (Attachment 2). 16F; c. Captured Turtle Holding Conditions: Captured turtles shall be kept moist, and shaded whenever possible, until they are released. d. Weight and Size Measurements: All turtles shall be measured (standard carapace measurements including body depth) and tagged, and weighed when safely possible, prior to release; Gulf sturgeon shall be measured (fork length and total length) and —when safely possible— tagged, weighed, and a tissue sample taken prior to release. Any external tags shall be noted and data recorded into the observers log. Only NOAA Fisheries - approved observers or observer candidates in training under the direct supervision of a NOAA Fisheries - approved observer shall conduct the tagging /measuring/weighing/tissue sampling operations. e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than 12 hours prior to release and shall be released not less than three nautical miles (nmi) from the dredge site. If two or more released turtles are later recaptured, subsequent turtle captures shall be released not less than five nmi away. If it can be done safely, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling - Gulf Sturgeon: Gulf sturgeon shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable (not less than: 2 ft high by 2 ft wide by 8 ft long), well- aerated seawater holding tank where a maximum of one sturgeon may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Quota: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the USAGE, Jacksonville District's incidental take quota. Minor skin abrasions resulting from trawl capture are considered non - injurious. Injured sea turtles shall be immediately transported to the nearest sea turtle rehabilitation facility. h. Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper- tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This Opinion serves as the permitting authority for any NOAA Fisheries - approved endangered species observer aboard these relocation trawlers to flipper -tag with external tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. Gulf Sturgeons Tagging: Tagging of live- captured Gulf sturgeon may also be done under the permitting authority of this Opinion; however, it may be done only by personnel with prior fish tagging experience or training, and is limited to external tagging only, unless the observer holds a valid sturgeon research permit (obtained pursuant to section 10 of the ESA, from the NOAA Fisheries' Office of Protected Resources, Permits Division) authorizing sampling, either as the permit holder, or as designated agent of the permit holder. PIT -Tag Scanning: All sea turtles captured by relocation trawling (or dredges) shall be thoroughly scanned for the presence of PIT tags prior to release using a scanner powerful enough to read dual frequencies (125 and 134 kHz) and read tags deeply embedded deep in muscle tissue (e.g., manufactured by Biomark or Avid). Turtles which scans show have been previously PIT tagged shall never- the -less be externally flipper tagged. The data collected (PIT tag scan data and external tagging data) shall be submitted to NOAH, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis@noaa ov. k. CMTTP: External flipper tag and PIT tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. 16F3 Tissue Sampling: All live or dead sea turtles captured by relocation trawling or dredging shall be tissue - sampled prior to release, according to the protocols described in (Attachment 3). Tissue samples shall be sent within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis @noaa gov, The November 2003 Opinion serves as the permitting authority for any NOAA Fisheries - approved endangered species observers aboard relocation trawlers or hopper dredges to tissue - sample live- or dead - captured sea turtles, without the need for a section 10 permit. m. PIT Tagging: PIT tagging is not required or authorized for and shall not be conducted by Endangered Species Observers (ESO) who do not have 1) section 10 permits authorizing said activity and 2) prior training or experience in said activity; however, if the ESO has received prior training in PIT tagging procedures and is also authorized to conduct said activit b a section 10 ermit, then the ESO must PIT to the animal prior to release (in addition to the standard external flipper tagging). PIT tagging must then be performed in accordance with the protocol detailed at NOAA Fisheries' Southeast Science Center's webpage: http: / /www.sefsc. noaa. gov/ seaturtiefisheriesobservers .jsp. (See Appendix C on SEC's "Fisheries Observers" webpage). PIT tags used must be sterile, individually wrapped tags to prevent disease transmission. PIT tags should be 125 kHz, glass - encapsulated tags - the smallest ones made. Note: If scanning reveals a PIT tag and it was not difficult to find, then do not insert another PIT tag; simply record the tag number and location, and frequency, if known. If for some reason the tag is difficult to detect (e.g., tag is embedded deep in muscle, or is a 400 mHz tag), then insert one in the other shoulder. Other Sampling Procedures: All other tagging and external or internal sampling procedures (e.g., PIT tagging, blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) performed on live sea turtles or live sturgeon are not permitted under The November 2003 Opinion unless the observer holds a valid sea turtle or sturgeon research permit (obtained pursuant to section 10 of the ESA, from the NOAA Fisheries' Office of Protected Resources, Permits Division) authorizing the activity, either as the permit holder, or as designated agent of the permit holder. >. Handling Fibropapillomatose Turtles: Observers handling sea turtles infected with fibropapilloma tumors shall either: 1) clean all equipment that comes in contact with the turtle (tagging equipment, tape measures, etc.) with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling equipment for handling animals displaying fibropapilloma tumors or lesions. Tissue /tumor samples shall be sent within 60 days of capture to: NOAA Fisheries, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis @noaa.gov. This Opinion serves as the permitting authority for all NOAA Fisheries- approved endangered species observers aboard a relocation trawler or hopper dredge to tissue - sample fibropapilloma- infected sea turtles without the need for a section 10 permit. Hard- ground Buffer Zones: All dredging in sand mining areas will be designed to ensure that dredging will not occur within a minimum of 400 feet from any significant hard - ground areas or bottom structures that serve as attractants to sea turtles for foraging or shelter. NOAA Fisheries considers (for the purposes of this see the November 2003 Opinion only) a significant hard - ground in a project area to be one that, over a horizontal distance ,f 150 feet, has an average elevation above the sand of 1.5 feet or greater, and has algae growing on it. The Lessee or its agent shall ensure that sand mining sites are adequately mapped to enable the dredge to stay at least 400 feet from these areas. If the Lessee or designated representative is uncertain as to what constitutes significance, it shall consult with NOAA Fisheries' Habitat Conservation Division and NOAA Fisheries' Protected resources Division for clarification and guidance. gaining - Personnel at Hopper Dredges: All contracted personnel involved in operating hopper dredges whether privately - funded or federally- funded projects) receive thorough training on measures of dredge operation !iat will minimize takes of sea turtles. It shall be the goal of each hopper dredging operation to establish operating 'rocedures that are consistent with those that have been used successfully during hopper dredging in other regions �r the coastal United States, and which have proven effective in reducing turtle/dredge interactions. Therefore, 16F3 COE Engineering Research and Development Center experts or other persons with expertise in this matter shall be involved both in dredge operation training, and installation, adjustment, and monitoring of the rigid deflector drag - head assembly. 15. Dredge Lighting: From May 1 through October 31, sea turtle nesting and emergence season, all lighting aboard hopper dredges and hopper dredge pump -out barges operating within three nmi of sea turtle nesting beaches shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and/or Occupational Safety and Health Administration requirements. All non - essential lighting on the dredge and pump -out barge shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the water to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natural beaches. STIPULATION NO.3 - Endan ered and Threatened Species Under the Fish and Wildlife Service FWS Jurisdiction The Service anticipates 13.2 miles of nesting beach habitat could be taken as a result of this proposed action. The take is expected to be in the form of. (1) destruction of all nests that may be constructed and eggs that may be deposited from March 1 through April 30 and from September 1 through September 30 and missed by a nest survey and egg relocation program within the boundaries (footprint) of the proposed project; (2) destruction of all nests deposited from November 1 through February 28 (or 29 as applicable) when a nest survey and egg relocation program is not required to be in place within the boundaries (footprint) of the proposed project; (3) reduced hatching success due to egg mortality during relocation and adverse conditions at the relocation site; (4) harassment in the form of disturbing or interfering with female turtles attempting to nest within the construction area or on adjacent beaches as a result of construction activities; (5) misdirection of hatchling turtles on beaches adjacent to the construction area as they emerge from the nest and crawl to the water as a result of project lighting; (6) behavior modification of nesting females due to escarpment formation within the project area during a nesting season, resulting in false crawls or situations where they choose marginal or unsuitable nesting areas to deposit eggs; and (7) destruction of nests from escarpment leveling within a nesting season when such leveling has been approved by the Service. Incidental take is anticipated for only the 8.7 miles of beach that has been identified for sand placement, as well as the interstitial beaches (totaling 13.2 miles). The Service anticipates incidental take of sea turtles will be difficult to detect for the following reasons: (1) the turtles nest primarily at night and all nests are not found because [a] natural factors, such as rainfall, wind, and tides may obscure crawls and [b] human - caused factors, such as pedestrian and vehicular traffic, may obscure crawls and result in nests being destroyed because they were missed during a nesting survey and egg relocation program; (2) the total number of hatchlings per undiscovered nest is unknown; (3) the reduction in percent hatching and emerging success per relocated nest over the natural nest site is unknown; (4) an unknown number of females may avoid the project beach and be forced to nest in a less than optimal area; (5) lights may misdirect an unknown number of hatchlings and cause death; and (6) escarpments may form and cause an unknown number of females from accessing a suitable nesting site. However, the level of take of these species can be anticipated by the disturbance and renourishment of suitable turtle nesting beach habitat because: (1) turtles nest within the project site; (2) beach renourishment may occur during a portion of the nesting season; (3) the renourishment project will modify the incubation substrate, beach slope, and sand compaction; and (4) artificial lighting will deter and/or misdirect nesting females and hatchlings.The amount or extent of incidental take for sea turtles will be considered exceeded if the project results in more than a one -time placement of sand on the 8.7 miles of beach that have been identified for sand placement. If, during the course of the action, this level of incidental take is exceeded, such incidental take represents new information requiring re- initiation of consultation and review of the reasonable and prudent measures provided. The FWS believes the following reasonable and prudent measures are necessary and appropriate to minimize take of loggerheads, greens, hawksbill, or kemp's ridley sea turtles. The Lessee shall ensure that the following standards shall be met: 1. All fill material placed must be sand similar to a native beach in the vicinity of the site that has not been affected by prior renourishment activities. The fill material must be similar in both coloration and grain size distribution 16F3 sand grain frequency, mean and median grain size, and sorting coefficient) to the native beach and shall not contain: A. Greater than 10 percent, by weight, silt, clay, or colloids passing the #200 sieve; B. Greater than 5 percent, by weight, fine gravel or cobbles, exclusive of shell material (retained by the #4 sieve); C. The more restrictive of 5 percent coarse gravel, cobbles, or material retained on the % -in sieve, or in a percentage or size greater than found on the native beach; and D. Construction debris, toxic material or other foreign matter; and not result in contamination of the beach. Beach nourishment shall be started after October 31 and be completed prior to May 1. During the May 1 through October 3 1 period, no construction equipment or pipes shall be stored on the beach; if the beach nourishment project will be conducted before May 1, daily early morning surveys for sea turtle nests must be conducted from March 15 through April 30 or until completion of the project (whichever is earliest). In the event a sea turtle nest is excavated during construction activities, all work shall cease in that area immediately and the permitted person responsible for egg relocation for the project should be notified so the eggs can be relocated per the following requirements: A. Nesting surveys and egg relocations will only be conducted by personnel with prior experience and training in nesting survey and egg relocation procedures. Surveyors must perform under the supervision of a qualified professional with a valid FWC Marine Turtle Permit. Nesting surveys must be conducted daily between sunrise and 9 a.m. Surveys must be performed in such a manner so as to ensure construction activity does not occur in any location prior to completion of the necessary sea turtle protection measures; and 3. Only those nests that may be affected by construction activities will be relocated. Nests requiring relocation must be moved no later than 9 a.m. the morning following deposition to a nearby self - release beach site in a secure setting where artificial lighting will not interfere with hatchling orientation. Nest relocations in association with construction activities must cease when construction activities no longer threaten nests. Nests deposited within areas where construction activities have ceased or will not occur for 65 days must be marked and left in place unless other factors threaten the success of the nest. Any nests left in the active construction zone must be clearly marked, and all mechanical equipment must avoid nests by at least 10 feet. i I' the beach nourishment project will be conducted during the period from November 1 through November 30, i.tily early morning surveys for sea turtle nests must be conducted until the last nest hatches. In the event a sea :jrtle nest is excavated during construction activities, all work shall cease in that area immediately and the ermined person responsible for egg relocation for the project should be notified so the eggs can be relocated per ne requirements in 3A and 313 above; ! mmediately after completion of the beach nourishment project and prior to March 15 for 3 subsequent years, if ,aced sand still remains on the beach, the beach shall be tilled as described below to a depth of 24 in. All tilling :,:tivity must be completed prior to March 15. If the project is completed during the nesting season, tilling shall :a occur in areas where nests have been left in place or relocated unless authorized by the Service in an Incidental ,tie statement; suai surveys for escarpments along the project area must be made immediately after completion of the beach >urishment project and prior to March 15 for 3 subsequent years if placed sand still remains on the beach. All :::rps shall be leveled, or the beach profile shall be reconfigured, to minimize scarp formation. In addition, weekly I : evs of the project area shall be conducted during the 2 nesting seasons following completion of fill placement :Alows: 16F3 A. The number of escarpments and their location relative to DEP reference monuments shall be recorded during each weekly survey and reported relative to the length of the beach surveyed (e.g., 50 percent scarps). Notations on the height of these escarpments shall be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as well as the maximum height of all escarpments; and B. Escarpments that interfere with sea turtle nesting or that exceed 18 in high for a distance of 100 feet must be leveled to the natural beach contour by April 15. Any escarpment removal shall be reported relative to R- monument locations. The Fish and Wildlife Service must be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or that exceed 18 in high for a distance of 100 feet occurs during the nesting and hatching season (May 1 to October 31) to determine the appropriate action to be taken. If it is determined escarpment leveling is required during the nesting or hatching season, the Fish and Wildlife Service will provide a brief written authorization that describes methods to be used to reduce the likelihood of impacting existing nests. An annual summary of escarpment surveys and actions taken must be submitted to the Service. (NOTE: Out -year escarpment monitoring and remediation are not required if placed material no longer remains on the dry beach.) The lessee or designated representative must arrange a meeting between representatives of the contractor, the Fish and Wildlife Service, the FWC, and the permitted person responsible for egg relocation at least 30 days prior to the commencement of work on this project. At least 10 days advance notice must be provided prior to conducting this meeting. This will provide an opportunity for explanation and/or clarification of the sea turtle protection measures; 8. From March 15 through April 30 and November 1 through November 30, staging areas for construction equipment must be located off the beach to the maximum extent practicable. Nighttime storage of construction equipment not in use must be off the beach to minimize disturbance to sea turtle nesting and hatching activities during this period. In addition, all construction pipes placed on the beach must be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. Temporary storage of pipes must be off the beach to the maximum extent possible. Temporary storage of pipes on the beach must be in such a manner so as to impact the least amount of nesting habitat and must likewise not compromise the integrity of the dune systems (placement of pipes perpendicular to the shoreline is recommended as the method of storage); 9. From March 15 through April 30 and November I through November 30, all on -beach lighting associated with the project must be limited to the immediate area of active construction only and must be the minimal lighting necessary to comply with all safety requirements. Lighting on offshore equipment must be minimized through reduction, shielding, lowering, and appropriate placement of lights to avoid excessive illumination of the water, while meeting all U.S. Coast Guard and Occupational Safety and Health Administration (OSHA) requirements. Shielded low pressure sodium vapor lights are recommended for lights on offshore equipment that cannot be eliminated, and for illumination of the nesting beach and nearshore waters. Light intensity of lighting plants must be reduced to the minimum standard required by OSHA for General Construction areas, in order not to misdirect sea turtles. Shields must be affixed to the light housing and be large enough to block light from all lamps from being transmitted outside the construction area (Figure 1); 10. A lighting survey shall be conducted from the nourished berm prior to April 15 of the first nesting season following nourishment and action taken to ensure no lights or light sources are visible from the newly elevated beach. A report summarizing all lights visible, using standard survey techniques for such surveys, shall be submitted to the Service by May 15 and documenting all compliance and enforcement action. Additional lighting surveys shall be conducted monthly through August and results reported by the 15th of each month of the first nesting season after project completion; 16F3 Beach WORK AREA Beach No Illumination No Illumination Zone g5 .9s Zone Side Shield emw Bulb 8Wb Side Shield Light Source CROSS SECTION 6. Maw rP s�sY . BEACH LIGHTING ,,.,{..,.. SCHEMATIC Figure 1. Lighting diagram. 11. All reports describing the actions taken to implement the terms and conditions of this incidental take statement must be submitted to the Lessor and the South Florida Ecological Services Office, Vero Beach, Florida, within 60 days of completion of the proposed work. Types of reporting will include, but is not limited to, that related to tilling, scarp reduction, nest and hatching data, lighting, and egg relocation, and shall include details such as dates of actual construction activities, names, and qualifications of personnel involved in nest surveys and relocation activities, descriptions and locations of self- release beach sites, nest survey and relocation results, and hatching success of nests; 12. In the event a sea turtle nest is excavated during construction activities, all work shall cease in that area immediately and the permitted person responsible for egg relocation for the project must be notified so the eggs can be moved to a suitable relocation site; t 3. Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen, initial notification must be made to the FWC at 1- 888 - 404 -3922, the South Florida Ecological Services Office, Vero Beach and the Lessor. Care should be taken in handling sick or injured specimens to ensure effective treatment and care and in handling dead specimens to preserve biological materials in the best possible state for later analysis of cause of death. In conjunction with the care of sick or injured endangered or threatened species or preservation of biological materials from a dead animal, the finder has the responsibility to ensure evidence intrinsic to the specimen is not unnecessarily disturbed; and 14. In the event a hopper dredge is utilized for sand excavation, all conditions in the NOAA Fisheries Biological Opinion for Dredging of Gulf of Mexico Navigation Channels and Sand Mining Borrow Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F /SEW2000/0 1 2 8 7) must be followed, and the Service shall be sent copies of the reports specified in the Biological Opinion. 16F3 STIPULATION NO.4 - Calculation of the Volume of Sand Placed To ascertain the total volume of sand placed, the Lessee will require that the contractor forward copies of the data employed to make this determination, the methodology used, and the calculations to the Lessor within two (2) weeks after receipt by the Lessee. STIPULATION NO.5 - National Oil and Hazardous Substances Pollution Contin enc Plan The Lessee must require that the construction solicitation and specifications contract use language which its contractors and subcontractors prepare for and take all necessary precautions to prevent discharges of oil and releases of hazardous materials. In event of an occurrence, notification and response will be in accordance with 40 CFR 300 and applicable regulations of the State of Florida. The Lessee shall notify the Lessor of any occurrences and remedial actions, and provide copies of reports of the incident and resultant actions. STIPULATION NO.6 - Archaeolo ical Re ortin Re uirement Plan If the Lessee or any contractor operating on the Lessee's behalf discovers any archaeological resource while conducting dredging operations in any of the offshore borrow areas the Lessee or contractor operating on the Lessee's behalf shall immediately halt operations within the area of the discovery and report the discovery to the Chief, Leasing Division, MMS. If investigations determine that the resource is significant, the Chief, Leasing Division, will inform the lessee how to protect it. STIPULATION NO. 7 - Use of Electrook.Lositionine System on Dred a and Transmittal of Location and Production Information to the Lessor Use of Electronic Positioning System and Transmittal of Location Information to MMS: To ensure the accuracy of the dredge relative to the borrow area specifications denoted in this lease agreement, during all phases of the offshore operation conducted within the borrow area, the Lessee will ensure that the dredge is equipped with an on -board differential global positioning system (DGPS) capable of maintaining and recording the location of the dredge within an accuracy range of no more than plus or minus 3 meters. The specific system will be approved by the Lessor prior to the conduct of any dredge procedures within the borrow area. Location information (latitude and longitude) in NAD83 must be supplied on CD -ROM on a weekly basis to Minerals Management Service, Chief, Marine Minerals Branch (MMB), 381 Elden Street, MS 4010, Herndon, Virginia 20170. Submittal of Production and Volume Information to the Lessor: The Lessor will ensure the accuracy of cut depths and widths, cut slopes, and site production (sand volumes removed) within the borrow area as specified in the project's operational plan and this lease agreement. This information is routinely collected continuously throughout the period of dredge operation at a borrow site. The Lessor shall retain all access rights to all operational data at any time during which dredging is occurring within the designated Federal borrow area. The Lessee will submit a "certified" summary of all operational, production, and survey activity data to the MMS Chief, MMB at the address above on CD -ROM on a weekly basis, in a format and method agreed to between the Lessor, the Lessee, and the dredge operator prior to the commencement of operations at the borrow site. Any maps and/or profiles submitted to the Lessor will be provided in digital spatial format compatible with Arc GIS. Information pertaining to the volume of material removed must be provided with explanatory text outlining each preceding day's activities and production values. 16F �- ;ik)wing completion of all activities within the lease area, the Lessee, in cooperation with the dredge operator, shall submit to the Lesssor, a "certified" copy of the complete operational data set (dredge tracklines, cut slope angles, cut Ijec[h. etc.), outlining any deviations from the original operational design plan. This report should be in MS Word : >rmat and should be sent to the Chief, MMB at the address above. -ST 11PULATION NO.8 — Submittal of pro'ect Completion Report to the MMS pon final completion of the project authorized under the terms and conditions of this lease, the Lessee shall submit to Minerals Management Service, Chief, Marine Minerals Branch, 381 Elden Street, MS 4010, Herndon, Virginia 20170, ,)ne ( 1) paper copy and one (1) electronic copy of a project completion report. The report shall contain, at a minimum, the following information: • the names and titles of the project managers overseeing the effort (both for the Lessee and the dredging/engineering firm), including contact information (phone numbers, mailing addresses, and email addresses), • the location and description of the project, including the final figures relative to the total volume of material extracted from the borrow site and the volume of material actually placed on the beach or shoreline (including a description of the volume calculation method used to determine these volumes), • a narrative describing the final, as -built features, boundaries, and acreage, including the restored beach width and length, • a table, an example of which is illustrated below, showing the various key project cost elements, Project Cost Estimate ($) Cost Incurred as of Construction Construction Com Completion ($) Engineering and Design Inspections/CC ontract _ Administration Total a table, an example of which is illustrated below, showing the various items of work construction, final quantities, and monetary amounts, em item Mobilization and Demobilization Beach Fill Any beach or offshore hard structure placed or removed Estimated I Unit Unit E Quantity I Price I A stimated mount Final Quantity Bid Unit Price Final Amount % Over/ Under a listing of construction and construction oversight information, including the prime and subcontractors, contract costs, etc., a list of all major equipment used to construct the project, a narrative discussing the construction sequences and activities, and, if applicable, any problems encountered and subsequent solutions, a list and description of any construction change orders issued, if applicable, a list of any pipelines or other oil /gas - related infrastructure in the project area, the owners, and any contacts made. a list and description of any safety - related issues or accidents reported during the life of the project, 16F3 • a narrative and any appropriate tables describing any environmental surveys/efforts associated with the project and costs associated with these efforts, • any additional pertinent comments, • a table listing significant construction dates beginning with bid opening and ending with final acceptance of the project by the Lessee, • An appendix containing the as -built drawings, beach -fill cross - sections, and survey data. The report shall be submitted within 120 days following completion of the project. STIIPULATION NO. 9— Submittal of all Copies of Project Data to the Lessor re uired under Florida's Joint Coastal Permit No 0222355-001,1C The Lessee is required to submit to the Lessor copies of all information mandated under Florida's Joint Coastal Permit for the Collier County Beach Nourishment Project. Attachment 2 SEA TURTLE HANDLING AND RESUSCITATION GUIDELINES 16F3 Any sea turtles taken incidentally during the course of fishing or scientific research activities must be hand care to prevent injury to live specimens, observed for activity, and returned to the water according to the following A) Sea turtles that are actively moving or determined to be dead (as described in paragraph (B)(4) below released over the stern of the boat. In addition, they must be released only when fishing or scientific collection gear is not in use, when the engine gears are in neutral position, and in areas where they are unlikely ) must be recaptured or injured by vessels. ely to be B) Resuscitation must be attempted on sea turtles that are comatose or inactive by: 1 • Placing the turtle on its bottom shell (plastron) so that the turtle is right side up and elevating its hind quarters at least 6 inches (15.2 cm) for a period of 4 to 24 hours. The amount of elevation depends on the size of the turtle; greater elevations are needed for larger turtles. Periodically, rock the turtle gently left to right and right to left by holding the outer edge of the shell (carapace) and lifting one side about 3 inches (7.6 cm) then test alternate to the other side. Gently touch the eye and pinch the tail (reflex g response. )periodically to see if there is a 2• Sea turtles being resuscitated must be shaded and kept damp or moist but under no circumstance be la into a container holding water. A water - soaked towel placed over the head, carapace, and flippers effective method in keeping a turtle moist. placed ppers is the most 3• Sea turtles that revive and become active must be released over the stern of the boat only when fishing or scientific collection gear is not in use, when the engine gears are in neutral position, and in areas where the are unlikely to be recaptured or injured by vessels. Sea turtles that fail to respond to the reflex test or fail t move within 4 hours (up to 24, if possible) must be returned to the water in the same manner as that for y actively moving turtles. ° -t• A turtle is determined to be dead if the muscles are stiff (rigor mortis) and/or the flesh has begun to rot; otherwise, the turtle is determined to be comatose or inactive and resuscitation attempts are necessary. Any sea turtle so taken must not be consumed, sold, landed, offloaded, transshipped, or kept below deck. These guidelines are adapted front 50 CFR '223.206(d)(1). Failure to follow these procedures is therefore a Punishable offense under the Endangered Species Act. f 16F3 Attachment 3 PROTOCOL FOR COLLECTING TISSUE FROM DEAD TURTLES FOR GENETIC ANALYSIS Method for Dead Turtles IT IS CRITICAL TO USE A NEW SCALPEL BLADE AND GLOVES FOR EACH TURTLE TO AVOID CROSS - CONTAMINATION OF SAMPLES • Put on a new pair of latex gloves. • Use a new disposable scalpel to cut out an approx. 1 cm (2 in) cube bi Easy access to muscle tissue is in the neck region or on the ventral side where he front flippers piece of muscle. fl ppers A insert near the plastron. It does not matter what stage of decomposition the carcass is in. • Place the muscle sample on a hard uncontaminated surface (plastron will do) and make slices through the sample so the buffer solution will penetrate the tissue. • Put the sample into the plastic vial containing saturated Na Cl with 20% DMSO *(SEE BELOW) • Use the pencil to write the stranding ID number (observer initials, year, month, day, turtle number by day) species, state and carapace length on the waterproof paper label and place it in the vial with the sample. EXAMPLE. For a 35.8 cm curved carapace length green turtle documented by Jane M. Doe on July 15, 2001 in Georgia, the label should read AJMD20010715 -01, C. mydas, Georgia, CCL =35.8 cm. If this had been the third turtle Jane Doe responded to on July 15, 2001, it would be JMD20010715 -03. • Label the outside of the vial with the same information (stranding ID number, species, state and carapace length) using the permanent marker. • Place clear scotch tape over the writing on the vial to protect it from being smeared or erased. • Wrap parafilm around the cap of the vial by stretching it as you wrap. • Place vial within whirl pack and close. • Dispose of the scalpel. • Note on the stranding form that a part was salvaged, indicating that a genetic sample was taken and specify the location on the turtle where the sample was obtained. • Submit the vial with the stranding report to your state coordinator. State coordinators will forward the reports and vials to NMFS for processing and archiving. *The 20% DMSO buffer in the plastic vials is nontoxic and nonflammable. Handling the buffer without gloves may result in exposure to DMSO. This substance soaks into skin very rapidly and is commonly used to alleviate muscle aches. DMSO will produce a garlic /oyster taste in the mouth along with breath odor. The protocol requires that you WEAR gloves each time you collect a sample and handle the buffer vials. The vials (both before and after samples are taken) should be stored at room temperature or cooler. If you don =t mind the vials in the refrigerator, this will prolong the life of the sample. DO NOT store the vials where they will experience extreme heat (like in your car!) as this could cause the buffer to break down and not preserve the sample properly. Questions: Sea Turtle Program: NOAA/NMFS /SEFSC, 75 Virginia Beach Drive, Miami, FL 33149 Phone: 305- 361 -4207 16F3 A PROTOCOL FOR COLLECTING TISSUE FROM LIVE TURTLES FOR GENETIC ANALYSIS Method for Live Turtles IT IS CRITICAL TO USE A NEW BIOPSY PUNCH AND GLOVES FOR EACH TURTLE TO AVOID CROSS - CONTAMINATION OF SAMPLES 1. Turn the turtle over on its back. 2. Put on a new pair of latex gloves. 3. Swab the entire cap of the sample vial with alcohol. 4. Wipe the ventral and dorsal surfaces of the rear flipper 5 -10 cm from the posterior edge with the Betadine/iodine swab. 5. Place the vial under the flipper edge to use the cleaned cap as a hard surface for the punch. 6. Press a new biopsy punch firmly into the flesh as close to the posterior edge as possible and rotate one complete turn. Cut all the way through the flipper to the cap of the vial. 7. Wipe the punched area with Betadine/iodine swab; rarely you may need to apply pressure to stop bleeding. 8. Use a wooden skewer to transfer the sample from the biopsy punch into the plastic vial containing saturated NaCl with 20% DMSO *(SEE BELOW) 9. Use the pencil to write the stranding ID number (observer initials, year, month, day, turtle number by day), species, state and carapace length on the waterproof paper label and place it in the vial with the sample. EXAMPLE: For a 35.8 cm curved carapace length green turtle documented by Jane M. Doe on July 15, 2001 in Georgia, the label should read AJMD20010715 -01, C. mvdas, Georgia, CCL =35.8 cm. If this had been the third turtle Jane Doe responded to on July 15, 2001, it would be JMD20010715 -03. 10. Label the outside of the vial with the same information (stranding ID number, species, state and carapace length) using the permanent marker. 11. Place clear scotch tape over the writing on the vial to protect it from being smeared or erased. 12. Wrap parafilm around the cap of the vial by stretching it as you wrap. 13. Place vial within whirlpak and close. 14. Dispose of the biopsy punch. 15. Note on the stranding form that a part was salvaged, indicating that a genetic sample was taken and specify the location on the turtle where the sample was obtained. 16. Submit the vial with the stranding report to your state coordinator. State coordinators will forward the reports and vials to NMFS for processing and archiving. *The 20% DMSO buffer in the plastic vials is nontoxic and nonflammable. Handling the buffer without gloves may result in exposure to DMSO. This substance soaks into skin very rapidly and is commonly used to alleviate muscle aches. DMSO will produce a garlic /oyster taste in the mouth along with breath odor. The protocol requires that you WEAR gloves each time you collect a sample and handle the buffer vials. The vials (both before and after samples are taken) should be stored at room temperature or cooler. If you don't mind the vials in the refrigerator, this will prolong the life of the sample. DO NOT store the vials where they will experience extreme heat (like in your car!) as this could cause the buffer to break down and not preserve the sample properly. Questions: Sea Turtle Program, NOAA/NMFS /SEFSC, 75 Virginia Beach Drive, Miami, FL 33149 Phone: 305- 361 -4207 16F3 Genetic Sample Kit Materials: LIVE turtles 1. latex gloves 2. alcohol swabs 3. Betadine/iodine swabs 4. 4 -6 mm biopsy punch B sterile, disposable (Moore Medical Supply 1- 800 - 678 -8678, part #0052442) 5. plastic screw -cap vial containing saturated NaCl with 20% DMSO, wrapped in parafilm 6. wooden skewer 7. waterproof paper label, 3 x 4pencil to write on waterproof paper label 8. permanent marker to label the plastic vials 9. scotch tape to protect writing on the vials 10. piece if parafilm to wrap the cap of the vial 11. whirl -pak to return/store sample vial Genetic Sample Kit Materials DEAD turtles I. latex gloves 2. single -use scalpel blades (Fisher Scientific 1 -800- 766 -7000, cat. # 08- 927 -5A) 3. plastic screw -cap vial containing saturated NaCI with 20% DMSO, wrapped in parafilm 4. waterproof paper label, 3 x 4 pencil to write on waterproof paper label 5. permanent marker to label the plastic vials 6. scotch tape to protect writing on the vials 7. piece of parafilm to wrap the cap of the vial 8. whirlpak to return/store sample vial RESOLUTION NO. 05A 11 16F6 A RESOLUTION PURSUANT TO SECTION 129.03, FLORIDA STATUTES, REQUIRING THE FY 07 TENTATIVE BUDGETS OF THE SHERIFF, THE CLERK OF THE CIRCUIT COURT AND THE SUPERVISOR OF ELECTIONS TO BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS BY MAY 1, 2006. WHEREAS, Chapter 129, Florida Statutes, addressing the County annual budget, provides specifically in Section 129.03, Florida Statutes, that the Board of County Commissioners may, by resolution, require the tentative budgets of the Sheriff, the Clerk of the Circuit Court and the Supervisor of Elections to be submitted by May 1 of each year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, pursuant to Section 129.03, Florida Statutes, that the Sheriff, the Clerk of the Circuit Court and the Supervisor of Elections of the County of Collier, Florida, are hereby required to submit their respective tentative budgets for the FY 07 fiscal year to the Board of County Commissioners by May 1, 2006. This Resolution shall be effective upon its adoption. This Resolution adopted this 29`h day of November, 2005, after motion, second and majority vote favoring same. ATTEST: DWIGHT;E, BROCK, CLERK 2 1pult4sy` �r Approved as to .furl and legal suffici�j✓/ David C. Weigel County Attorney 04 -MBG- 01098/2 BOARD OF COUNTY COMMISSIONERS COLLIER, COUNTY, FLORIDA By: LJ, FRED W. COYLE, CHA MAN ITEM NO.: FILE NO.: ROUTED TO: 054 90-0381 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 20, 2005 To: Office of the County Attorney DATE RECEIVED: -4. Attention: Robert Zachary From: Kelsey Ward, Contract Administration Manager Purchasing Department, Extension 8949 Support Services Division Re: Contract Amendment: 02 -3411 "Management Services for Pelican Bay Services Division" Contractor: Severn Trent Environmental Services, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 29, 2005; Agenda Item 16(F)t '� This item has not en previously submitted. ACTION REQUESTED: Amendment review and approval. OTHER COMMENTS: Robert, this is a standard amendment form with changes agreed upon by County Manager's Office and Pelican Bay Board. (See attached copy of original contract.) 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. cc: Barbara Smith, Pelican Bay Services ire -i (7) G—Dl s 0 -a 16F7 MEMORANDUM Date: December 22, 2005 To: Kelsey Ward, Contract Administration Manager Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Exhibit A -1 Contract Amendment 02 -3411 "Management Services for Pelican Bay Services Division" Enclosed, please find three (3) original documents, as referenced above, (Agenda Item #16F7) which was approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures(3) 1bF7 -,-i AGREEMENT THIS AGREEMENT, made and entered into on this first day of January 2003, by and between Severn Trent Services, Inc., whose address is 210 North University Drive, Suite 702, Coral Springs, FL, 33071, hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The contract shall be for a three (3) year period, commencing on January 1, 2003, and terminating on December 31, 2005. The County may, at its discretion and with the consent of the Consultant, extend the Agreement under all of the terms and conditions contained in this Agreement for one (1) additional one (1) year period. The County shall give the Consultant 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. STATEMENT OF WORK. The Consultant shall provide professional management services for the Pelican Bay Services Division accordance with the terms and conditions of the specifications of RFP #02 -3411 and the Consultant's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement the sum of forty eight thousand dollars ($48,000) yearly, based on the price set forth in the Consultant's proposal, subject to Change Orders as approved in advance by the County. The yearly price shall be fixed and firm for the duration of the contract. 4. PAYMENT. Payment will be made monthly upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Severn Trent Services, Inc. 210 North University Drive Suite 702 Coral Springs, FL 33071 F 7 Attn: Mr. James Ward Vice President of Operations Fax: 954 - 345 -1292 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Fax: 239/732-0844 The Consultant 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. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. 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 Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person employed by them 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 Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16F7 9. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County pursuant to this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Consultant 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 Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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. Professional Liability: Coverage shall have minimum limits of $1,000,000. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all sub consultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 16F7 12. INDEMNIFICATION. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Office of the County Manager. 14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, RFP #02 -3411 requirements, terms and conditions. 16. 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. 17. GOVERNING LAWS. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the Consultant 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. m 1,6511 1, 111l MONA.&_ �,. s��� . _ ,.. ERT/CATE NUMBER .M Ik: .� . CL 00941058 05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER MARSH NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE TWO LOGAN SQUARE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PHILADELPHIA, PA 19103 -2797 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: JUDY A. HARMON FAX: (215)246 -1367 COMPANIES AFFORDING COVERAGE COMPANY 27409 - ALL- GAWUP -00 -01 0810 A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY SEVERN TRENT ENVIRONMENTAL SERVICES, INC B TRAVELERS INDEMNITY COMPANY OF ILLINOIS ATTN: CAROL DILLER COMPANY 16337 PARK ROW HOUSTON, TX 77084 C GULF INSURANCE COMPANY COMPANY D N /(A�p q 16411i WI, r�q }gSt?EI? THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DDNY) POLICY EXPIRATION DATE (MM /DD /YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP /OPAGG $ 2,000,000 A COMMERCIAL GENERALUABILITY CLAIMS MADE IT] OCCUR GL03373714 -00 03/31/02 03/31/03 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 1,000, 000 _ MED EXP (Any one person) $ 5,000 B AUTOMOBILE �— X LIABILITY ANY AUTO TJ CAP 189K447- 1- TIL -02 (AOS) 03/31/02 03/31/03 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS TE CAP 189K448- 3- TCT -02 (TX) 03/31/02 (TRAVELERS INDEMNITY CO. OF 03/31/03 OMP. DED. $250 CONNECTICUT) PROPERTY DAMAGE 1$ OLL. DED. $500 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ _ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE Is UMBRELLA FORM AGGREGATE _ $ $ OTHER THAN UMBRELLA FORM — B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TC2J -UB 189K445 -8 -02 03!31/02 03/31/03 X I W ATU- TORY LIMITS ER ` _` EL EACH ACCIDENT $ 500,000 (AOS) THE PROPRIETOR/ X INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL TRJ- UB189K446 -A -02 ( AZ, MA, WI) EL DISEASE- POLICY LIMIT_ $ 500,000 $ 500,000 EL DISEASE -EACH EMPLOYEE OTHER C PROFESSIONAL LIABILITY GU2825725 03131/02 03131/03 LIMITS 1,000,000 DESCRIPTION OF OPE RATION S /LOCATIONSNEHICLES /SPECIAL ITEMS RE: CONTRACT #02 -3411 "PELICAN BAY MANAGER" CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTERESTS MAY APPEAR TO THE GENERAL AND AUTOMOBILE LIABILITY POLICIES. CANCIrLLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL A DAYS WRITTEN NOTICE TO THE BOARD OF COLLIER COUNTY COMMISSIONERS ATTN: JEAN SMITH CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 801 LAUREL OAK DRIVE LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE SUITE 605 NAPLES, FL 34108 ISSUER OF THIS CERTIFICATE. MARSH USA INC. 1By: Mary Barr'"" MM1(3 102) VALID AS OF: 12/10/02 ATTEST: , r O VrD o Dwighf �- ,Brock, Clerh�of Courts By :� �- t, Dated .� only. S and Witness -::I�-41 e, J�VZ;V Approved as to form and 4ob ncy: rt N. char Assistant County Attorney 16F 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chairman Severn Trent Services, Inc. Consultant By: l/` -- e f /, Signature James P Ward, Vice President of Operations Typed signature and title CORPORATE SEAL (corporations only) 16F7 EDIT A -1 Contract Amendment 02 -3411 "Management Services for Pelican Bay Services Division" This amendment, dated De-Q 15 , 2005 to the referenced agreement shall be by and between the parties to the original agreement, Severn Trent Services, Inc., whose address is 210 North University Drive, Suite 702, Coral Springs, FL, 33071 hereinafter called the "Consultant" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": Statement of Understanding RE: Contract #02 -3411 "Management Services for Pelican Bay Services Division" The following changes to the above referenced agreement have been mutually agreed to by the Consultant, the Pelican Bay Services Division Board, hereinafter "PBSD Board "and the County: Section 2 — STATEMENT OF WORK. The Scope of Work for the professional services shall be modified as per Schedule Al -A, hereto attached and incorporated herein by reference. Section 3 -- THE CONTRACT SUM. shall be changed as follows: The County shall pay the Consultant for the performance of this Agreement the sum of twenty four thousand dollars ($24,000) for the period of time commencing on January 1, 2006 and ending on December 31, 2006, payable at the rate of two thousand dollars ($2,000) per month, subject to Change Orders as approved in advance by the County. Section 9 - TERMINATION. shall be changed as follows: Should the Consultant be found to have failed to perform his services in a manner satisfactory to the PBSD Board pursuant to this Agreement, the PBSD Board may recommend that the County terminate this Agreement immediately for cause; further the PBSD Board may recommend that the County terminate this Agreement for convenience with a thirty (30) day written notice. The PBSD Board and the County shall be sole judge of non - performance. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATTEST: Corporate Secretary /Witness Seve Trent Services, Ac. By: E? I L �. t4s By: JD!`� ��� ��kl'(:-, i k DH Dated: 19- h 'S p. Title: b j e c e to Y Dated: I S I (r c; ATTE.� f ht E. Brock,`` lerlf v, W.411Y1�/� 1. gn' oaf it Approved as to form and Legal 7aach Ro ert Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Item # J'(0 ` S - Date Date Recd L- Schedule Al -A 16F7 Contract Amendment 02 -3411 "Management Services for Pelican Bay Services Division" REVISED SCOPE OF SERVICES This Scope of Services addresses the duties and responsibilities of the newly titled Administrator of the Pelican Bay Services Division, hereinafter called the "Administrator ", formerly titled "Manager ", effective January 1, 2006. BACKGROUND INFORMATION Due to the changing business needs of the Pelican Bay Services Division, hereinafter called the "PBSD ", it has been determined to be in the best interest of the PBSD and the County to modify the original duties and responsibilities of the formerly titled "Manager" position to more closely align with the current PBSD requirements. Since the PBSD Board acts for the Board of County Commissioners in the day to day operations, the title of "Manager" will now be more properly titled "Administrator" in accordance with the revised duties of the position. DUTIES OF THE ADMINISTRATOR The Administrator's duties and responsibilities include the following: 1) It will be the Administrator's main responsibility to implement the policies of the PBSD, as directed by the Pelican Bay Services Division Board. 2) It will be the Administrator's job to coordinate activities of the PBSD as assigned in an effective, efficient and professional manner. The job requires an individual who has an ability to conceive, obtain approval for and implement programs desired by the Pelican Bay Community as identified by the PBSD Board. 3) The Administrator shall work with the personnel employed by the County to perform the Pelican Bay work in accordance with all Federal, State and County laws, rules and regulations where applicable. The following lists the number of people employed: one (1) Superintendent, one (1) operations analyst, one (1) administrative assistant and sixteen (16) field employees. 4) The Administrator shall be expected and prepared to make recommendations on a regular basis for programs to improve the Pelican Bay Community. 5) The Administrator may be asked by the PBSD Board to participate in certain meetings, discussions, project site visits, workshops and hearings which pertain to the administration of the services being provided and report results to the Board. 6) The Administrator shall work with the Chairperson of the PBSD Board in the preparation of the Board's agenda for the monthly Board meeting and will participate in this monthly meeting. The Administrator will also work with Committee Chairs in the preparation of agendas and participate in the Committee meetings of the Budget Committee and the Clam Bay /Water Management Committee. 6F? The Administrator may be called on to provide assistance to any other committee that could be ted. 7) The Administrator shall assist and cooperate with the Budget committee in the preparation of the PBSD's Annual Budget in accordance with County rules and regulations where applicable. 8) The Administrator will have an understanding of Florida County government operations, good management principles and skills, as well as some knowledge in personnel relations, public relations, accounting and computer software operations. 9) The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss performance. 10) The Administrator will respond to any requests for information or data from the County Manager's office. 11) The PBSD currently provides an office and staff for the Administrator in Pelican Bay, but is not contractually required to do so. EXECUTIVE SUMMARY Recommendation to Authorize the Chairman to Execute the Dis 16F8 r Relief Funding Agreement Associated with Hurricane Katrina OBJECTIVE: Board approval of a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Katrina (FEMA- 1602- DR -FL). CONSIDERATIONS: Collier County incurred expenses in preparation for Hurricane Katrina. In order to receive federal and state financial assistance to reimburse Collier County for a proportionate share of expenses incurred, the Chairman must execute the attached Disaster Relief Funding Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The attached Disaster Relief Funding Agreement was reviewed by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: Approval of the attached Disaster Relief Funding Agreement will enable Collier County to be reimbursed for 87.5% of eligible expenses incurred as a result of Hurricane Katrina. The reimbursement percentages are stated below: Government Agency Percentage FEMA 75.0% State of Florida 12.5% Collier County 12.5% Total 100.0% The agreement further states that the percentages above apply, unless a higher percentage is authorized. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Disaster Relief Funding Agreement associated with Hurricane Katrina and, 2. Authorize the Chairman to execute the Disaster Relief Funding Agreement. Prepared by: Michael Smykowski, Budget Director 16F8 .0 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06- KT- B&- 09 -21 -02 -639 CFDA No. 97.036 Subgrantee: Collier County FIPS No. 021 - 99021 -00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee "). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Katrina the event beginning August 24, 2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05 -176. In consequence of the Event, the President of the United States on August 28, 2005, declared Major Disaster No. FEMA -DR- 1602 -FL in Bay, Broward, Escambia, Gulf, Miami -Dade, Monroe, Okaloosa, Santa Rosa, and Walton counties in the State of Florida. :additional counties may be added to the declaration later. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, 13. WHEREAS, a FEMA -State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the accessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management \ecncy consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, iurther agree to the following: ARTICLE L Deflnitions. As used in this Agreement, the following terms shall have the following meanings _,SS another meaning is specified elsewhere: \. "Eligible activities" are those activities authorized in the FEMA -State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended by Public Law 100 - -07; 44 Code of Federal Regulations Part 206.36; and applicable policies of the Federal Emergency \lanagement Agency. 16F8 B. "FEMA -State Agreement" is the agreement dated August 28, 2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA- 1602- DR -FL. ARTICLE I1. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer- Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental Planning and Permitting Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for 2 16F8 I:1% project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be -crosistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or ic%eiopment order complies with all applicable planning, permitting and building requirements. Subgrantee shall n a_c such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE V1. Required Documentation. Reviews and Inspections Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to Permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this \grcement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is $55,500), which can be found at www.floridapa.org 1. Request for Reimbursement 2. A Summary of Documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. :ARTICLE VII. Cost Shariniz. The federal share of the eligible costs specified in the Project Worksheets order this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, of i.i,h- —and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment t'thc nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under " Code of Federal Regulations Part 206.36 and do not require matching funds may also be funded by FEMA. ARTICLE V111. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance th the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: • Request for Reimbursement found at www.floridapa.org • Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at www.floridapa.org:; and, 16F8 A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www.floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre - disaster condition in accordance with 44 Code of Federal Regulations Part 206.36 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre- disaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 Code of Federal Regulations Part 206.36 before the commencement of any work. F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; 2 M0 B. Office of Management and Budget Circular No. A -87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A -110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A -122, "Cost Principles for Non - Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: 1. The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of five (5) years from the date of disaster closeout under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty -five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federa' financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: I . The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of § 11.42, Florida Statute, and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98 -502, as amended, 31 U.S.C. §§ 7501- 7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A -133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization -wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XII1. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the completion of permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost -share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XV11I. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) 6 16F8 days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Florida Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report m For conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Fla. Stat., and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat. B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post- audit. C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla.Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. 7 16F8 1-1 - Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee A ureements. G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. H. The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 1. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or scr% ices 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 or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local ov crnment services, and in telecommunications. K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2, have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with Obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a ,overnmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) tertninated for cause or default. Where the Subgrantee is unable to certify to any of the statements in this certification, such Subgrantee shall attach an explanation to this Agreement. In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the :ompleted "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" Attachment H) for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any ;)rospective subcontractor. 16F8 L. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, 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 shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than 5100,000 for each such failure. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default, Remedies and Termination A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; Subgrantee suffers any material adverse change in its financial condition while this Agreement is in 9 effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; Any reports required by this.Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 16f8 Subgrantee: Collier County BCC Disaster #: 1602 ARTICLE XXIV. Attachments. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.flolidapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W. Craig Fugate, Director Michael Sm kowski OMB Director Division of Emergency Management dminlstration Building 2nd Floor Department of Community Affairs 3301 Tamiami Trail East 2555 Shumard Oak Blvd ap es , or1 a Tallahassee, Florida 32399 -2100 ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates Michael Smykowski as its primary agent, and designates Dan Summers as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W. Craig Fugate, Director Division of Emergency Management (Date) Public Assistance Program dyed 819 to f, & k 1 IffiLciemif j j ; �:;/)�,,v- ounty Attorney FOR THE SUBGRANTEE: Fred W. Coyle (Printed am ) (Signed Name) Chairman, BCC (Title) (Date) 59- 6000558 Federal Employ�fjden}if: ion Number (FEIN) 11 n S✓ Attest a Ch '� signature on)w Q w CD CD UA EE £. y' O � ^t n CD CD rF (p O � � o o C CD n• o CD 'O lw � O G �• a n O o' .o G a 0 rr �O 0 a' 00 CDc C C CD (D 5- C CD b a OV CD 0 a r l9 Gn w 0 w ti 0 b O CD d CD n 16F8 QQ� 9) AD z 0 d r r � O d tz V > �d y Z � � O H y � K Z �7 y � CD C, 20. CD l J CD 1 D Q F� u � � CD r° m o' o � a O "C ti C CDw F w 5- C CD b a OV CD 0 a r l9 Gn w 0 w ti 0 b O CD d CD n 16F8 QQ� 9) AD z 0 d r r � O d tz V > �d y Z � � O H y � K Z �7 y � EXECUTIVE SUMMARY Recommendation to Authorize the Chairman to Exec t th F 91; Relief Funding Agreement Associated with Hurricane Rita aster OBJECTIVE: Board approval of a Disaster Relief Funding Agreement for Federal and State assi Hurricane Rita (FEMA- 3259- DR -FL). stance for CONSIDERATIONS: Collier County incurred expenses in preparation for Hurricane Rita. In order to receive federal and state financial assistance to reimburse Collier County for a proportionate share of expenses incurred, the Chairman must execute the attached Disaster Relief Funding Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The attached Disaster Relief Funding Agreement was reviewed by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: Approval of the attached Disaster Relief Funding Agreement will enable Collier County to be reimbursed for 87.5% of eligible expenses incurred as a result of Hurricane Rita. The reimbursement percentages are stated below: Government Agency FEMA State of Florida Collier County Total Percentage 75.0% 12.5% 12.5% 100.0% The agreement further states that the percentages above apply, unless a higher percentage is authorized. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Disaster Relief Funding Agreement associated with Hurricane Rita and, 2. Authorize the Chairman to execute the Disaster Relief Funding Agreement. Prepared by: Michael Smykowski, Budget Director 16F9*1# STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06- RT- &W- 09 -21 -01 -556 CFDA No. 97.036 Subgrantee: Collier County FI PS No. 021- 99021 -00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee" and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee "). This Ag=reement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Rita the event beginning September 18, 2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 05 -183. In consequence of the Event, the President of the United States on September 20, 2005, declared Emergency No. FEMA- 3259 -EM -FL in Broward, Collier, Miami -Dade and Monroe counties in the State of Florida. Additional counties may be added to the declaration later. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, the FEMA -State Agreement dated November 1, 2005 between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings ill less another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA -State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended by Public Law 100- '07: 44 Code of Federal Regulations Part 206.35; and applicable policies of the Federal Emergency Management Agency. 16F9 's B. "FEMA -State Agreement" is the agreement dated November 1, 2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA - 3259- EM -FL. ARTICLE II. Aonlicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the Policies of the Federal Emergency Management Agency. ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shal I be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer- Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental Plannin a�� permittine Lawc. responsible for the implementation and completion of the approved projects described in the ProaWorksheetbsein a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for 2 16F9i'-�. 0# any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation Reviews documentation of work performed and costs incurred on each project identified i Subgrantee Proj ct Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this :agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is S55,500), which can be found at www.floridapa.org i • Request for Reimbursement 2. A Summary of Documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the 'Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE V[I. Cost ---- Shar!� The federal share of the eligible costs specified in the Project Worksheets ender this Agreement shall be seventy five (75) percent of such costs, unless a higher Percentage is approved, and [lie nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal Regulations Part 206.228and do not require matching funds may also be funded by FEMA. .ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance ith the following procedures. A. Grantee shalt disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: i • A Request for Reimbursement found at www.floridapa.org 2. A Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at www.floridapa.org:; and, 16F9 A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1 • Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at www.floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D.Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; B. Office of Management and Budget Circular No. A -87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A -110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A -122, "Cost Principles for Non - Profit Organizations," as amended. 4 15F9 -, E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: . The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of five (5) years from the date of disaster closeout under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE X1. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty -five (45) days from the date Subgrantee is notified of such determination. ARTICLE X11. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: • The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of § 11.42, Florida Statute, and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98 -502, as amended, 31 U.S.C. §§ 7501- 7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A -] 33, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization -wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XIII. _Noncomuliance If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee ma y terminate this 1Ilrcement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. Ir 16F914 ARTICLE XIV. Nondiscriminatio nondiscrimination in its! by Contractors. Subgrantee shall undertake an active program of administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification ne time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, an extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. Y ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost -share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract, ARTICLE XVIII. Termination Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Florida Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. 6 1 6F9 10 B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Re orts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida Statute, and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Florida Statute B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post- audit. C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the Provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statute H. The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions 7 6F9 1 }' 41 contained in S U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 RUM), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposa been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with l obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Subgrantee is unable to certify to any of the statements in this certification, such Subgrantee shall attach an explanation to this Agreement. In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. L. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in an y subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 16F91, N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: I . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, 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 shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S 100,000 for each such failure. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall delay. commence project(s) specified by this Agreement without ARTICLE XXIII. Events of Default Remedies and Termination. A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: I • Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to Agreement; meet its obligations under this 2• Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3• Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 9 16F9"14 11 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 Subgrantee: Collier County BCC 16F9'# Disaster #: 3259 -EM ARTICLE XXIV. Attachments A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or Posted on the Department of Emergency Management website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director FOR THE —U—GRANTEE. Division of Emergency Management Michael Sm kowski OMB Director Department of Community Affairs minls T a Ion Ul In n loor 2555 Shumard Oak Blvd Tallahassee, Florida 32399 -2100 aP es, lorida 34112 ARTICLE XXVI. Designation ofAeent Subgrantee hereby designates Michael Smykowski as its primary agent, and designates Dan Summers — as its for Advance or Reimbursement, certification, or other necessary documentationiternate agent, to execute any Request IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W. Craig Fugate, Director Division of Emergency Management (Date) Public Assistance Pro am %VW to C- t FOR THE SUBGRANTEE: Fred W. Coyle (Printed Na e) (Signed Name) Chairman, BCC (Title) (Date) 59- 6000558 Federal Employer Identification -NUmber (FEIN) r, w At gnat 'Ira C. .2 a Q G=r H � � 0 z UU�w a FWaQ pow Wozz A � A � G4 rn w w Q d w w 0 z a� 0 .0 a cz u aRi cts T CIO a C7 0 �? ar cz MENIM U Q U I ti ti a, D C7 a� .n on 0 MA, Q w w 0 w � �o �s o U i a � b O N 'ti o o a o � o 3 m � I � w u o � U til� Q co 'G U E Q ¢ U a t o � U a3z >i D C7 a� .n on 0 MA, Q w w 0 w � �o �s o U i a � b O N 'ti o o a o � o 3 m � EXECUTIVE SUMMARY I I 6FI Recommendation to Authorize the Chairman to Execute the Disaster 0 Relief Funding Agreement Associated with Hurricane Wilma OBJECTIVE: Board approval of a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Wilma (FEMA- 1609- DR -FL). CONSIDERATIONS: Collier County incurred expenses in preparation for and in response to Hurricane Wilma. In order to receive federal and state financial assistance to reimburse Collier County for a proportionate share of expenses incurred, the Chairman must execute the attached Disaster Relief Funding Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The attached Disaster Relief Funding Agreement was reviewed by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: Approval of the attached Disaster Relief Funding Agreement will enable Collier County to be reimbursed for 87.5% of eligible expenses incurred as a result of Hurricane Wilma. The reimbursement percentages are stated below: Government Agencv Percentage FEMA 75.0% State of Florida 12.5% Collier County 12.5% Total 100.0% The agreement further states that the percentages above apply, unless a higher percentage is authorized. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Disaster Relief Funding Agreement associated with Hurricane Wilma and, 2. Authorize the Chairman to execute the Disaster Relief Funding Agreement. Prepared by: Michael Smykowski, Budget Director 16F10 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 06- WL- &K- 09 -21 -01 -692 CFDA No. 97.036 Subgrantee: Collier County FIPS No. 021 - 99021 -00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as !,, "Grantec11 and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations, r federally recounized Indian Tribes or authorized tribal organizations (hereinafter referred to as the "Subgrantee ") cis :Agrcei is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Wilma the event beginning October 21, 2005, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of L�mcr`acncv by the Governor in Executive Order 05 -219. In consequence of the Event, the President of the United States on October 24, 2005, declared Emergency No. FEMA- 1609 -DR -FL in Brevard, Broward, Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami -Dade, Monroe, Okeechobee, Osceola, Palm Beach, Polk, Sarasota and St. Lucie counties in the State of Florida. Additional counties may be added to the declaration later. As a result, the Public Assistance Program was made availablc to eligible applicants in these Declared counties; and, 13. WHEREAS, the FEMA -State Agreement dated November 1, 2005 between the State of Florida and the Federal Emergency Management Agency governing the use of such fonds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with !is Suburantccs; and, \VI IEREAS, the Grantee represents that it is fully qualified and eligible to recci� c these grant funds to hrovidc the services identified herein and agrees to comply with all the rcquircmcnts of this Agreement; and, D. \VI- IEREAS, the Grantee receives these grant funds from the State of Florida and the federal _,o� ernment, and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantecs upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Linder the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management A,,cnc\ consequent to a presidential declaration of disaster. NOW, "FHEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, lather agree to the following: ARTICLE 1. Definitions. As used in this Agreement, the following terms shall have the following meanings .mother meaning is specified elsewhere: . "Ehi -able activities" are those activities authorized in the FEMA -State Agreement, and in the Robert T. >taf ford Disaster Relief and Emergency Assistance Act, Public Law 93 -2SS, as amended by Public Law 100- ,0-; 44 Code of Federal Regulations Part 206.35; and applicable policies of tltc Federal Emergency Vanagcillcnt Agcncv. 16F10 B. "FEMA -State Agreement" is the agreement dated November I, 2005, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA- 1609- DR -FL. ARTICLE If. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable state and federal legal requirements including, without any limitation on the Uenerality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE 111. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13 and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for some subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantce pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this .Agreement the Subgrantee gives Grantee or the Chief Financial Officer- Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental. Planning and Permitting Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a 2 16F10 r.ncr cccp4tble to Grantee, and in accordance with applicable legal requirements. The contract documents for )rojcct undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be ..;;stmt with the local government Comprehensive Plan. Subgrantee shall ensure that any development or �. "opmcnt order complies %vith all applicable planning, permitting and building requirements. Subgrantee shall ,a c such competent engineering, building, and other technical and professional assistance at all project sites as 'I, )c needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation, Reviews, and Inspections. Subgrantee shall create and maintain (�cumentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to x:rmit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the _inure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this ,,!rcement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with ;n% :utd all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for this declaration is S55,500), which can be found at www.floridapa.org 1. Request for Reimbursement 2. A Summary of Documentation, which shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. 13. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work ,,� as performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE Vll. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets this ,agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and ;,mtcdcral share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal .Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of ., ral Rcsulations Part 206.228and do not require matching funds may also be funded by FEiMA. ARTICLE VIII. Pavment of Costs Grantee shall disburse the eligible costs to Subgrantee in accordance tlrc tollowing procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to -�ubgrantce as soon as practicable after execution of this Agreement and formal notification by the Federal rner,-,cncy V1anagement Agency of its approval of the pertinent Project Worksheet. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large "rniccts as soon as practicable after Subgrantee has delivered the following documents to Granter. A Request for Reimbursement found at www.tloridapa.org A Summary of Documentation shall be supported by original documents such as contract documents, invoices, purchase orders, and change orders and is also available at 3 16F10 www.floridapa.org:; and, 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: I . Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms which is also available at,.vww.floridapa.org; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D.Grantce may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ,ARTICLE I\. final Pavment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as amended; B. Office of Management and Budget Circular No. A -87, "Cost Principles for State and Local Governments," as amended: C. Office of Management and Budget Circular No. A -1 10, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A -122, "Cost Principles for Non - Profit Organizations," 4 16F10 as amended. ra Subgrttce will maintain all documentation concerning the projects funded under this Aarecmcnt until e Occurrence of the following events, whichever is the later: I . The completion of final inspection and final audit, and the final resolution of any issues identified in the same; or, 2. The expiration of five (5) years from the date of disaster closeout under this Agreement. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE X1. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee, ! ederal Emergency Management Agency or other authority determines that the disbursements to Subgrantee c: ;his .Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total ;'?.n semcnts exceed the eligible costs within forty -five (45) days from the date Subgrantee is notified of such .,:1 :i'T11Ill ton. ARTICLE X11. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial stance for the most recent fiscal year equal or exceed 5500,000.00. V Subgrantee will conduct the audit in accordance with the following requirements: I . The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations. Programs, Activities and Functions; The standards established by the .American Institute of Certified Public Accountants; 3. The requirements of § 11.42, Florida Statute, and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98 -502, as amended. 31 U.S.C. by 7501- 7507, to the extent here applicable, and, 5. Office of Management and Budget Circular No. A -133, as amended, to the extent here applicable. 3. The audit shall be identified by the serial contract identification number for this Agreement. If the �:ib urantce is a private nonprofit organization, it shall submit an organization -wide audit. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee ,�\ccpt where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management \ge cy may determine necessary to determine the adequacy, accuracy, and reliability of the internal i�roccdures :pub *rantcc has in place to protect its assets and to ensure compliance with this A�areement. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed _osts identified in an audit after such closeout. \ RTICLE Xlll. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, _. rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold ,shursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the rt is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this 16F10 Agreement and invoke its remedies under the Agreement as per Articles XXIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 Code of Federal Regulations Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall nc t be approved for delays caused by lack of cost -share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XV11. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XV 111. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Florida Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or 6 16FJ 0 went of the other, but that each one stands as an independent contractor in relation to the other. Q. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites arc present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each uoicct, together with any other circumstances that may affect the completion date, the scope of work, the project sts. or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the t)uartcrly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional ­'2 ports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, i1c Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public \ssistancc Officer. ARTICLE XX1. Standard Conditions. Subgrantee agrees to the following conditions: �. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida StatUtc, and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Florida Statute 3. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post- audit. C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and subeontractors in connection with this Agreement. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying tile Legislature or any of its members, any employee of the State of Florida, anv Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. I-'. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee y grcements. i. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in . ucordance with Section 112.061, Florida Statute 16F10 H. The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 or on the discriminatory vendor list. J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Subgrantee is unable to certify to any of the statements in this certification, such Subgrantee shall attach an explanation to this Agreement. In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' for each prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor. L. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. M This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 8 16F10 N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, 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 shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S100,000 for each such failure. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as ,pccificd elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIII. Events of Default Remedies and Termination A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation by Subgrantee in this .Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of 16F10 Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. 10 16F10 Subgrantee: Collier County BCC Disaster #: 1609 ARTICLE XXIV. Attachments. A. All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the Department of Emergency Management website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W. Craig Fugate, Director Michael Smykowski, OMB Director Division of Emergency Management AM ns- ration dullaing 2nd—Floor Department of Community Affairs 3301 Tamiami Trail East 2555 Shumard Oak Blvd Naples, Florida Tallahassee, Florida 32399 -2100 ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates Michael Smykowski as its primary agent, and designates Dan Summers as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: %V. Craig Fugate, Director Division of Emergency Management ( Date) Public Assistance Program Approved as to form & legal sufficiency ,f C an v FOR THE SUBGRANTEE: Fred W. Coyle (Printed Name) (Signed Name) Chairman, BCC (Title) (Date) 59- 6000558 Federal Employer Identification Number (FEIN) D%Mm S. up Att ttt- ,es..,to. s i 9aat64 _can )�,_ a �Wa �Qa za�Q ww�F �wO�e ww QOF, Wzz A � OAS a w a w Q d w w ft ttj WR a� on cri I cqj U U Q U w 0 a R ti a. 2 ti b 0 a 0 N .o 10 w � w c a� � O b 'b O a 0 a o w cL � A Ot coo G~.l wU � o U Q � �U 0 oo a� as U (U c o o '- z> 10 w � w c a� � O b 'b O a 0 a o w cL � A 14) 04"r 31� BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 29, 2005 1. FOR BOARD ACTION: A. No items for board action. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1) October 15, 2005 — October 21, 2005. (2) October 22, 2005 — October 28, 2005. B. Districts: (1) Lely Community Development District: Minutes of April 20, 2005; Minutes of May 18, 2005; Minutes of June 15, 2005; Minutes of July 20, 2005; Minutes of August 17, 2005; Minutes of September 21, 2005. (2) South Florida Water Management District: Notice of Meeting Change. C. Minutes: (1) Environmental Advisory Council: Staff Report of November 2, 2005 (1 -75 /Alligator Alley PUD); Staff Report of November 2, 2005 (Living Word Family Church); November 2, 2005 (Briana Breeze Subdivision); Agenda of November 2, 2005; Minutes of October 5, 2005. (2) Golden Gate MSTU Advisory Committee: Agenda of November 8, 2005; Minutes of October 11, 2005. H:IDATA\Me1anie12005 MISCELLANEOUS CORRESPONDENCE\November 29, 2005 Misc Correspo.doc 6saft (3) Forest Lakes Roadway and Drainage MSTU Advisory Committee: Agenda of November 9, 2005. (4) Bayshore Beautification MSTU Advisory Committee: Agenda of November 9, 2005; Minutes of October 12, 2005. (5) Vanderbilt Beach MSTU Advisory Committee: Minutes of October 18, 2005; Agenda of November 3, 2005. (a) Utilities Subcommittee: Minutes of August 17, 2005. (6) Pelican Bay Services Division MSTBU: Agenda of October 26, 2005. (a) Budget Sub - Committee: Agenda of September 21, 2005; Minutes of September 21, 2005. (7) Collier County Airport Authority: Minutes of October 10, 2005; Minutes of September 26, 2005. (8) Collier County Hispanic Affairs Advisory Board: Minutes of September 22, 2005. (9) Caribbean Gardens Blue Ribbon Committee: Minutes of September 12, 2005; Minutes of August 16, 2005. (10) Ochopee Fire Control District Advisory Board: Minutes of April 11, 2005. (11) Productivity Committee: Minutes of September 21, 2005. (a) Operational Efficiency and Effectiveness Study Subcommittee: Minutes of September 14, 2005. H:\DATA\Me1anie \2005 MISCELLANEOUS CORRESPONDENCE\November 29, 2005 Misc Correspo.doc i &-I a- tq RECEIVED Clerk of the Circuit Court NOV 0 8 2005 rioard of County Commissioners Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/15/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 15, 2005 through October 21, 2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Mist, Corms: Date. Item Copies to: J J J. J J J J J J.. J J J .] J •.1 J J J J. J J J J Dj r(D N NN J J J' J �P .A �P �A �P iA .P W W W 'W W N01 Vt .P. W N N O l0 m J Ot 111 W N H O 10 m J O\W N H O t0 m J O7 m 'A O M .et .. ro J w � ro H N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O 'b 0 O N td; O 'O O O O O O O' O O O O O 'O'. O 'O O O.' O O O O O O O O O O O O O 0 0 0 0 0 O 0 O 0 O O O 00 0 0 0 O 00 O O O O O O O O O O O O O.O O O 0 0 0 0 0 0 0 0 O'. 0 0 0 0 0 0. 0 0 0 O.. O O O 0 0 O.'. 0 O '. 0 :O 0 0 0 O o O O o" 0 o 0 0: 0 O O 0 0 0 0 0 0 0 0 O'. O O O O' 0 0 0 0 0 0 0 0 0 0 0 O. O o'. 0 d O 0. O 'O 0 0 0 O' O O'.' 0 'O O 0." O, m m m m m m 00 m m m m m m m m m m m m m m m m m m m tlD m tp m m m m m OJ.. m W m m m m m m...m 10 10 10 LD 10 l0 'W 10 W 10 l0 l0 �.. Q iD. a . �.. LO LD 0 W.. l0 1D 10. l0 l0 1D �0.: lD t0 l0 t0.' 1D lD. 10 l0 10 l0 10 tT::': mmmm mm m m mm m mm...m mm mm m mm..m m mmm mm mm m m m -mm -.m mm Q\ M m m m Ln Ln 0 U1 m m In Un m 0 4, 4 iA a: 4 '1� . � iA �P :�P W W.. W W W w W W m J 0Y In 0 0 0 0 0 0 0 0 0.0 0 0 0.0 00 0 0 0 OO b 0 0.0 00 0 00 0 0 0 0 0 00 b0 0 0 00 m rt m m m m m m m mm mm N N N N NN N N N N N N N N N N N N N N N N NN N -N N -N N 0 d 0 0 0 0 . N :N'.' .N N0 0 0 0 0 0 O O O O o O O 0 0 0 0 O O O.O o O O O O O p O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N lJ Fl 0 0 0 0 0 N F' O. O O.. O O O O. O a U7 N T T w Ut U7 Vl -U1 U1 U7 m w m UI Ul m m 0 m Ln m L9 M 1I1... U1 Ln m m U Ln m m Vl lJl m Ln o U1 N Vl o 0 0 � Ul C C C C C. C C C C C C C C C C. C C u 0 u 0 u U'1 U] m m Cn Ul G G aoar7ar7aaa- aaaa- aaaaaaaaaat7aaaaaao- aaaar7ar7daoearo " C' rr! N U, N N CO W N H iA J w J N 0\ H W N W J 01 W N m m W m w N m rP iA dr '. m' O rP 01 W J W W ,(a O J Ul �P 'o N N. 0\ O m O m O .P l0.'.O N 10 O O W 0 0 0 01 O H m O H m O m 0 0) In 0 O m O O W 01 Y Y Y S > > > ? W n a> W a m z H C 3 W h7 m C n b£ O 3 m a C m ,ro i0 z C C G] G� C7 lD O C G n. 0 N 0 N G M O H O z. O C7 Y : x H H£ O z tom- H H n N C O m m C r xa z C m G rr y - N (1 £ G_ N. H Y' H O. O Y': H m N?: H Z :c m O O yy G O. (D n h (D Garr xu IV w� H r 3 x .K O a.: H n �' .m 0 :F tl rn+ r .'U z O H x M [�] H r Z m a (D F- 01 G' R. n c� N (D O t7 H x m. C J z C. m x r x7 . �-+ O. m z H ro 3 z �-+ m (� n a b U �-. n. H n A! G r- t7 '�7 n m x m y n b b 7 H [7 z rt O a D tl P V £ a n 7 n Y ] [7 3 C H ;V .m O m t3 ]tl v C7 [7 D L [n . 0 � HO H 'm o t" tj > 0 @ H Y O ,v O C z m b r) 13 r+: n"H��a����"� "���� rtn" `�BfR� n°rt 8� znzr7�t����E zO x m H z m m o ro m£ o a n o G D n � m :U H H O X1 L7 C :n z ro �7 n I-�. �'0 G H N r. m IZI r ,bZ. tm] �x+ H r C 0 ,Oro n� [<sJ � O� 'D m H N 10 n Vl C H. x'1 n F-' r O rt < Y-' r. M ro ro'. `L7 C a ro x H' 1 O ~ Y R+ k+ O R+ In (D (D xl r < tJ H ro x t7 r m z i r z o ro ro n art H j o m m m o M w r m m m m z C m z m n H a z m m ro n rt n m< m m m n m m n m C n z z m ro rn z n:. �' H y' o M `-+ xl x7 [ N• m n O G w o n m m C m x r L� z b o z m C C H 3 x O G m Rs m ro 3 m ro m ro C ro H t i m m x m N3 E2 z n r o ro z °n ° m > 10 z M c° m M 0 R H CO z °z z y° `� o uz n m m z n n m x m y m 3 H m ro ro n o m rt G n x H y> H H rn m m n C m a p m U m d Fi rt ��� � n� �� H� w m s z� a m n�� Arta m zz r r z z m c y z n ��yqyyyyy c ro ra: K z a M H � G O m m H m m m m ] nl m H m O Z 0 b a� m z a ip z O m hi H m n n n W G n< n G N u M a 0 a M n z C n U H 7 m n H G] z t z(�� zz �yzv zm K3K H Cn Ft m m D D< m ra (� t l H 7J m > r TJ x- r r 10 [d N W m m w z b 0 KO � Ll Ll 0 m (D C H >o p . C L, m m co ro w G r� m urt, z H K [rn C4 G] am n m zm m LI z 3 Y G r C O � Cr z CY n C m Z7 O y d9. 3 L7' w � w m m n N.:; 0 J J:'J J J +1_J J J J J J.J JJ J J �l'J J J J J J J a 'b i-+ r rNr P r r r' -r r r r r H -r rr r r rr r r r r r...r -r r rr rr r r rr n p NN N N N N :N N NN NN N N N N N -N N N NN N N NN N.N N N NN NN N N NN NN J. J a J J J J J ..] J J. J J a J J O W W W W W W W W W W m m m m m m m m m m J a J J- J J J a J a Q7 01 OI 01 Q\ Ol Ol Q -j O W m J N lJl : W N. r O W J Ql (ll rP W N:' r O W m J m W 'P: W N r O W m:' J 0) lJ) iP W N H 'O W m:. J r !D (] N B, iA r fr:I o W ro r N N N N N N N N NN N N N- N N N N to N NN N N NN NN N N m NN N N tJN N.N N 0 0 0 00 0 0 0 o o.:0 0 0 00 0.:0 0 0 0: o 0 0 0 o. o o. o o 0 0 0 o 0 o n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 0- 0 0 0 0 0 0 0 0 o ro 0. 0 0 0 0: o o- 0 0 0 0 0 0 0 0 0 0: 0 0 0 0 0 0: 0 0 0 0 0 0 0 o. 0 0 0 0. o 'O O 0 O'O O O 'O 0 0 0 0.' O 0 O O O.O 0 0 0 0 O.O 0 0 O 0 0 'O O O O O.O O O O.O M m w m m m m m m m m m m m w m m m m m m m m m m m m m m m m m m m m m m m o m m m m m lD W )0 W W W W W Wo W W W W W W W W tO. W W.. W W W W W W W W.- W W' W SO W �O: Q W W W W m m W )o 10 10 W W W W.. W ko. W W W W W 'W. Co m m m m m m m.. m m m m m m m m.. m m m m m m m 'm m ID m m m m.- m p r O o :O. 0 4 0 0 0 q... W W W W W W W W W W m m m 9� J J J. J J J a m m rn m W N Y O W J 01 lfl �. W N r O.'. W m J 'm Vi �P W N H O ll1 rP W N r O. W m'.. J 0) V r O r b O r d r 0 r 0 r 0 r Or 0 0 0 O r Or o r 0 r 0 r '0 r Or b r o r OH 0 Or O r 0 r 0 0 O r r p H r r r r W � ID r r r m m r r r r... r r r r. r N H r r r H r r r r N r r r r. r r r r r r.. r H- r r r r r m m w m m m m m w -m mm w m wm m m w m w m m m wm N N N N N N N . .N N N N N N N N .N N N N N N N N N .N N N N- N N . N N .N N N O O 0 O 0 O O O 0 0 0 0 0 0 O O O 0 O 0 0 O 0 0 O O O O 0 O O ON 0 0 0 0 0 0 0 0 0 o o o 0 0 o o o o o o o o o o o 0 0 o o o o o O N .ro �w ;: 0 m n n to o n n cn n n v cn u n In n o m n ~ M R , CC C C C C C C C.:C C:C C C C C C:C C C C C C.:C n:: a m U] U] cn m tj 0 0 0 cn m 0 cn cn 0 U) W m m U) W (n m U) Vl w U] Cn a s t7 a a a p a a a d a a a a a a a C7 a b a C7 a a a a a a a a a a a d a a a a a U d a a r Ln m J .P m 0\ r W J N r a\ r N N r r N W W N W J J m r Ol J m 01 r r N V1 r f' M m V) J 19, In 0) P- r m W O U'1 U, r W J W r (7).'. 4' W 0 O r W J.. m'. J N W 'O. 'P )o 'O 01. W O. m 'Vl' N Vlp O J W O iP '0 r. In On O N O O J O. O N r O. m N'. m N 0 W." J O O J .P m Ut O m O O m O O VA O O O N O O rP N' V1 O W m O O N O W 01 O O O W N O m J p. ro ro ro ro hi m rn m m a a o a a a a n n n n n n n n n n n n n n n >> r tt--'� H M [T] n C') C 3 b1 y� O H [9 b7 C=] Ctl > O..O O o 0 0 0 0 0 0 q o Y u ro n n m ro W C W ro ro ro x c ro z r r> Y Y H H n a7 �x ro ro z x£ o a N K PO G] a n G7 x a r H m z r H G H 3 r r m n m n K K u H r H CJ \ z �n r� a O n On U[ G] O H r ] L x x7 ro a C 7 [] M H H H H H a 07 H -.0 T co t7 .: O [[--�� k z R7 K H H H H n 3 FC ,O M d7 y:> >> :O O l�*1. crn 5U O m H H ?.. C ro O O H z T [h S� H 3 "s 3 W O. ro n hd xJ r.. C C C '� 'i1 H.. ,z tT7. HO O y� �. .0 co ?o z z? a m O -ro A7 R+ m M to > z O cn H H n nt xl H Y m O co cT] �y lzy try [+7 z z z :�"'' C��7 �nCccyy ��iJ ax+r y' H n '[d+ �Cy on �Ln! yz yz Gi7 �On t2�7 "tl �.' -rfl HC yyp. n 3, co rt U) > In U] m 1-3 H H " 13 x7 11 : r m r W �] r n > ¢7 0 O to [?] z H H m -. yo cn x m O O 11 H �C H C c�1 Zzi a7 A7 H r C O t=] C C n S' C O b7 H 7.. H p n Cn M [T n x x7 H[ 7 ] O O *] *] ] o Cl) K zY H H H 7 C b] x[ a [Y > C) H C n M H H n x1 n > m C H H n fn O n n K H z L 7 [] n n ro X n n ro b] O m C r H n H [Y x £ ro z Y H [n ] H [s] n �C z H Z xf a 3 Cd Gz7 O O 10 O xo H :Cn O x7 b7 y':. n i 7 C �' .. z O :rte H '?7 ? :U.:.'n ��a £ t?7 z M u�i �7ro Cl) co ro tro" n n H [Hnb HC.3 ryn �0 q R�::z ro H:.� z d 'rOOa+ H:z td C Z -z -: as m C to n H O 13 m> xf 3 �C. O C. H n !n H z "+] [�] R7 C x7 ? cT] H x1 [n ��++ [n D7 y� U7 H > H m co Ul 7C yt� 9' r: ,R7 ,ro O ro z b K z Y' z C O H a H z ro z C£ C x z Y co n. z ro C H C C H ;u n z '>7 m S� n z- a m M a >� r n YYY"' H. z ro H n X ro� p O z C O r) z cn C J O S' G� C. [�7 z n H [*] m cn t�1 G' [�7 z n [a 3 H m '�] n n d [n Cn m H n7 z co C ttt777 n H y' m M H n. co z[ CHT7 cn 'L T' n O R: cif.. > 'm Y ro m , m m ro? r H M z H ro H Y x x m y a x z H ro co G1 n z :m b7 'T7..:n n> ro '�] b7 Cn H: a z xo o m '.I H- x Gl ^+] 3o3 z H r- C H C C o yzy yzy z oz cz� . ��n77 H �u m r r O c r. n H n z 'T] r O�y t r �7 tro" Y' H >> z ro ro 2 W Y Ali O H- r 3 z H m m b r C t>" t>" M b z ro ro '�] ro ro 'x7 K7 °z ` K n r cn co r a r r z r> a r t, H 3 3 a z rm rco CCO V)x ocn t HmK z m m r C:: H C t%' C C. can can. ai m fi z e e e ql r 13 C rrr r a a m w m 11 b C ti..i - v::; n N: J J J J J J J J J J J J J J J J J J J. J J.. J J J J J J J J J J' J J J J J J'.' J J J J J J J H'N N H H N H.H� n N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N X x m m mm m m m m mm m m m m mm m m m m mm m m w mm m m mm m m m..m mm m. m mm m m N N N N N N. N N..N H N H N H N HO O o o0 O O O O �:: i X rP W N.' N O w m J Qt. m rP W IJ N :O . w m: J Off: m 4 W N N O. 10 m:: J m ul �P . W N:'. N :O' w W J OI .: V1 rP W fD IDi i wn: iY f: H N N N N N N N N NN N N N N NN N N N N N - -N N N NN N..N N N N N N N N N FJ' O O :o O 0 O 'O O 0:. 0 0 0 O': O 0: 0 0 0 O'. O 0... 0 O O 0:: O . .A _O o_ O 0 0 0 0 0 0 0 0 O O 0 O O 0 0 0 0 O O O- 0 O O -0 O o o O 0 0 0 0 0 0 0 0 0 0 0 0 O Q O 0 O O O O O 0 0 0 0 0 0 0 o 0 0 .. w 0. 0 0 0 0 0 0. 0 O o -O 0 0 O O O 0. 0 0 0 0 0 O.- 0 o 0 0 0 0 .' 0 0 0 0 0 0 0 0 0 0' O O 0 0 0 0 0 O O '.0 0 0' 0 0 0 'O O 0.'. O m m ap m m m m m mm m m mm mm m m Wm mm OJ m Wm mm mm Nm Ojmmm mm Wm Ou m mm w w wo w 10 w :l0 1p w. w w w �.. w AO : w w l0 '#1. w w w w: 10 � w to w �0 : w w 1p w w w. w tp w w_ w w m m w .I w w w w w.w w -10 w w w 10 w w w.10 w wo w w w 10 w w W W 10.10 -w w w.w w 10 wo w W w w w Cp \p 111 VI Vl V1 mlTt /n m .P �P iP �P IP 4P �P iA. iP W... W WW W w W' w 'W '.w N N NN N N N N NN H.H F' H H O 0 0 0 0 0 0 0 0 O O OO O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O p OO OO O O OO O O O O OO ::r w m m m m m m m m au m m m m m o?.. m m m m m au m m m of m ou m m m of m m m ao m m m m m m. m m m ..: p9 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N w:: y 0 0.00 0.0 0.o bo 0 0 0 00 00.00 00 0 0 00 0:.0 0 0 0.0 00 0 0 0..0 00 0 0 0 -.o 'O 'O 0.0 O.0 0..0 0.0 0 0'O O O OO O O O.O O O 0 "O O..O O O o0 OO'O O 0 ".O o.O O O.O.O 111 lJl lJl V1 Vl m (ti m l M 0 Vl V1 M Ul Ln m V1 m L, Vl -Vl m J, M L, m m M m Vl V1 Vl m... m UI Ul Vl Ul m lJl (fl Vl Ul lSl �::' aJ C C C .0 C C C C C .0 C C G C C C C C C. C c! C C C :C C: C C C C: C C C C C :C C C .0 C C C {]? � m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m x O C7 t2- C7 C7 t7 C7: t7 O d d t7 d d C7 d t7 d C7. C7 C7 t7 t7 t7 d. C7 d d CJ d d d c7 C7 : C7 t7 p t7 t7 t7 a7 b t7.. d � H m rP m W lJi :. J rPH U1 w W..O W. -Ol N �P �A F'. W m N W H NN N F-�'P w N N V1 01 m.. lli Ot O W Ol . W U1. O J J H m rP VI w. m W::III U1 �P N J Y: m tCl J 'W m w 01 J. m J N O N H m m.'. O Or. U� N m O N U�.. H O O In N 'N. 0\ V1 Ol N. w O O is 10 w N J m iA O O. m m H N lIl H.w m O l0'. O O' n a\ N n W O O 3b xO y H O Y30 ' 3 S' O O H O O m m O yR m� ] O mx x J O w 0 O l0 '3 H m O m N VN l b0N LxT7 \ d W tw wrr7 W H m ��[=y i C�O N 4 x a.d 9 O n z 3 17' n m 0 C', .a O O � 0 O [T7 O b n z H O M m O �7 z z ty O [i7 3 H: y' m p 7 H tI r R+ Y' H O C, -:.'-+ H CJ 4 Y' H d z to ;v x r o: a H. Z d pry ro r r r z O m m a+ > ro Y' C. W r '*roj ro ro H n C7 `" z ro ro n z N L] Gl C C. H mn C trw �o 00 xm to >>H g o H 0 m m m z z " U cU x M H [s7 t7 H -m xl z1 rn n C y m. y yg CJ 0 ©. ,�v ro m 0 :: C .'o1 m h7 [�7 n Lz] P7 7, m 0 m z o z m.. z z ro z can m: m ro O m m o x. n to �y y 7� n Y m m C [C� O u n w m m m H m y �.. 13 H O O [*] y ro ro K O R7.: �. ro. m y : z [s1 [i7 ro [�] ro Uri ro M C x ro b 7. H ,K1 [s7 z n ,'r1 O z ri x7 n m Y' ro r C7 ra xl (� q N x b m H [T7 [n z H H O C u m H N 3 b7 n m m C N m m > n ty m ro [n m ro n O y C a z ? m rr r Y ro [� y m to O z cn r m po m m ro ro > z k m z y ro z C C m� ro ro r z ro CO m z ro z �, z m N m y U �7 x r t7 d r O m? Cro n [7 H m z z] z k �q z 7 Cr, ro° m (nj y y ] �d Cr7 C n f(n ok 'Tl E: umi m r m ro ny tro" T.. [l7 :v m ro n r C n H ro rC m Z:. H m o H H C C m co x m, r b m m r ra H Irl z o a r zb z n r H ro m z z° vm o o r ,ro ro n7 r '*1 E m zl O K K d7 'z7 H Y H ro 1 0 z y�o �yH'+' z (n x R7 C 73� '1 H m Co O m. C�7 x x t7 h7 r r. ri m Y LT�1 r. tro" C 0 tro" r b x z e r r L x L:1 1 r r m r .. ;:. t0 :f fD i a c � c v a S.J H H r H r H H...H N N N N N N N N N N N N N N N N N N N N (D n a a n N N N N N N N N N N N N N N N N N N N N N N N N mm m m mm W m mm mm m..m mm m w m -.m m m mm m..m W. m.Wm W.m m..m m.m m m.W m'.m m m a' m W m 04 m m ii: < n 7i rt ;5, x m m 0 M 0 m U1 cn m Ln m Ln rP as �f: rP m a m U1 w N r O 1D m.. J 0) In w N. H :0 l0 W a 01 . m 4 w N. r O' 10 m J 01 . 1n ,4?: w -N H 0 10 m J Ol �P . K � n N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 '.0 0 0. 0 0. 0 0 0 0 0 0 0 0 0 0 'O O .0 .O O O' 0 O .0 O.''O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p- 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 o O o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.:0 0 0 0: 0 00 0 0 0:0 0:0 0 o p:.o 1p 0 0 0 00 00 0 0 0. 0 0 0 0 0 0:0 'O O O.. O 0 0 0 0 O'.. 0 O O O.' O O O O 0 O.. 0 O O O O 0.. 0 O O O O O O O O O O O O O O O O l0 10 1D m m m m m m m m m m m W m m m m m m m m m m m m m m m w m m m m m m m m m m W m m O O O'. 10 to l0 10. 10 10.- 10 lo. \o 'moo 10 w.. "0 w l0 ID ko �. Q LD � �.. m lQ w � m to � w 10'.'. l0 l0. 10 '.10 10 10 l0 W0 10 O O O 10 w to w 10 to to m - l0 _�D 1D � Q w w 10.. to t'Y2 w _.� m 10 10 l0 w 1D � W 1D.. 10 �. lD tD. O O 0 10 10 10:19. 10 W w 1o:w m- m m m m m m m m m J a '4 a J a J a J J m 0� 0� 01 01 D\ Qi 0\ O1 mw N H 0 10 m a 0\ Vl .gyp.._ W N r tD. m J'.' 0\ .. V1 iA W.'. N H.'.' O 10 W J.. N 'H O 10 m w rt m rt rH/-- 'HHrrrr.Hr Hr..H HHHHr H H.HHH - HHH. H H.H H.r HH H..H r rH rY.H r OO O o O o O o OO 0 0 0.O b0 0 0 OO d O b 0 O o 0 00 0 0 0 0 o O o O r O 0 0 0 0 H OD N N N- N N N N N NN N N N N N N N N N N N N N N N N N N N N N N N O O O. O OO O O O: O O.O O.O O..O O O :O 'O 0 0 0 O O' D O O O 0 O O Ul N m N m VI V1 VI 111- Ul 111 lP (h - Ul U1 In U7- UI Ul lP In U7 lP Ul Ut U7 Ul V1 Ui. m ln- Vl ln. 111 Ui.. Ul Vl Ul VI U7 Cn 111 ro';% 111 U7 C.0 C. C C C C:C C.:C C C C.0 CC C C a CC C C C C C C C C.0 C C C C C.0 C.0 � m m m m m w m m m m (n m m m m m m m m W m m m m m [n b7 m m w m m m m m m m m m m m.. m 0 0 q q q q q q q q q q q q q q w w q w i `r. O N :. H :.. H Uj U, W N -r w m m H r m H o w aN a o N w tb ,P ,p q; m. 10 m N O Vl d\ 1p a W to U'I r H l0. a 10 N N fG H W O W O �P Ul' m m N O O 0\'. H D\ . a H. O N W W H 41" W U, m' a. O O" W a '. 0 0t O' N. lJ1 m W O Ut H O J N V'i N 4\ m W �:.0 10 t0 m O N: m O O U] l0 10 In UI O O: '.O. O 'o Ul O O C] m 01 O O ip O O Ln O .p 10 U1 to J..O m m Ut O 10 �p O O O H _m m 0 0 0 01 0 O m 0 9p O O O A ow O C ro -ro 0 0 0 ". m. m _n m (n.: m ,u � xf i0 b ro ro :ro ro O z z z z :z z z :z z 3 3 3 3 3 3. 3 ro.: n n Dtl Lq e� c x a b n o] Y> z >> H H H z 7o M C C W x7 O ::U O '21 X n n �. y G) RJ H H C �*] A7 X H C tro" 13 C lu C: Lo t% H q C7 t7 l-1 H H q � 'G q� x x x imi m z [*] H [�7 [*1 :V xl n t' n xl 3 H: H �-3 H x1 ri7 H G] H r t�] R1 x H. H n x m O m m n m W L�] Ln m n [£*J h�'1 n O. O O O 't7 H. . m ro y. O' z S� 'C O y H q m n 3 p7 C z to m x m m m m m H m m O �r O N n W m Z m O C] X ro Y r ro O H H R] O L] q if T n Y C H ro ql m q q>? H H y n© d '0'r� Tx Cr H �n H So q Lxy7 zH O �1 z n O �-C L�7 �3y z z n [H� C... '"u+ �> M Alj LxyJ Cz �z] r0� Ha' H r . H yH zH �7v �Y+' 0 rt '.7 [i7 ro C : L H m z r: z, n 47 -� J3 CT] D. O (7 G: Lizro T. C' 0 b r X z W ro CC H K C C H m 0 m O r C m C 3 r 7C H Y C r ] z m n O O C � z 3 n n z C n� ;o t� m m Dv 6 H 2� n 3 R7 z O K7 H q n ro x ro 5'.'G :[?] m C. ny cn. C GZ] '0 rC-i z. '� m OO ^� H H q [n to 3 z ro H a 3 O m> ro m z � c� z g m n r c� X t� m -� H r z :- ro SV -: H r :C 3 H H ro Cm Zo � O z R7 x' O Y' Liz K C n C> M� �h7 z ?. m Q Q Z pj L] �i CJ r-i CrJ O '+' H m z [�] 'O 'U m m C? H R' O rd m Y' L7] m m 7-. - 7, : z q -[ H M m 0 3' Y r R� .�7 n7 m '2i H yx n m H H a n L1 ?�J7 t Ly] xy L] R C G y n �y H on x m pm m z S �y n L tCr z kJ [] >z z yz �y z H O L] z z w t 3 m b7 Y' �G 3 m C (7 G O 7y n H m t�- m h7. L� �mi: Y > r ro L� m H n 'n ro o m r n ro to y m m Ln G) Lq n ro O tTi A m y 1i t ,ro H r L*] C m M y� [+7..0 C -'too H z '�] C'1 ro G� O r C [r17 H tro' m. m z.. Lq z LHII O z. cmii : C [r�7 �C � .d 0� z m m H H py Y r m o z. C m m ^7 r n z m ro m r H r q T m: ro ] n] i ro n? Tf Y X G H m tr M z C H y t � ,y bn C 3 0 t% m Z d CC�y r H C �i3y Iro y� �n !-� C- x7 m z: O m n z C r m bL pi t7 m C1 �C O n> r o > ° 10 r ram m ro C t, i Ui K m r r ° my zq n o m r m 0 n3 x r r r r r r r r m:< Iowa 1 K n � C H r o k or nR 9- w (D \ (D hl o 0 O 41 G H ,ro w n w n o a J J a_ J a a J J J- a s :J a a a J a a J a a: a M H ti r H H }m H. r Y r H H H. r H r M H M H M- H H H M. r M r H r Y: H M H H H H r .: (p n �y �ry N N N N N N N N N: N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y. x 'D 'D �D 'D 'D w 'D w 'D �. w m m. m m m m.. m m m m m tL ', n It :w W w. N N N N N N N N H N H H M H r Y r M H H O O O O O O O D O 0 Q 0 lO w 1D w w �O �p �D -N. M O l0 m. J al In: W N r :O lO N.: a Dl lIt �P W N r O l0 qZ O C (D n fn Gi h � tD H <' o �> o M <> n'I o y H N N N N N: N N N N N N N N. N N N N N N: N N N N N N N N N N N :N N N N N N N.. N N N N N O O O. O O O 'O. O O.' O O 0 0 0 O.'. o O O O' o 'O O O. O O O O'.O 'O. O :O. O O. O O O O..O O. 0 o 0 0 0 0 0 0 o: 0 0 0 D o O'0 0 0 0 0 0- 0 0 0 0 0 0 0 0 0 0: 0 0 0 o o p o o o D o o o 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0. o o- 0 0 0 00 0: -0 0 0 0:.0 0.0 o0 0 0 00 0 0 0:0 0 0 0 0 0 0 0 0 0. 0 0 o 0 0 0 0 0 0 0 0 o.. 0 0 0 o..0 0.. o 0 0 0 -0 0 0 0 t0 io �D 1D lD �D iO O %D W W W �O 'D �O lD..� to 10 ID �D W W ID 1. ID 10 �D tD tD +D �O m o -o 0 0 0 0 0 0 o:0 0 0 0: o o o 0 0 0. 0 0 0 o: 0 0 0 0. 0 o o o o O o :o 0 0 0 0. 0 o o 'D w 0 0 o o 0 o 0 0 o 0 0 o o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 o 0 0 0 o o o o o 'P iA 'P A 'p � '�' N W W W 4✓ W w W W W N N N N N N N N N N H H H H H H Y H H O O O O O O O W N H. O 'O m il m ln.. rP W N H' O �D m a 0) ll'1 iP w N H O 1O m J... 01 m rP N H O.. 00 Con J mo UO 0 W r M H H M H H H r H H H M H H. H H- H H H r r .H r H. H Y H H H .H. H p Y H H H H O O 0 0 0 0 0 0 0 0 0 o 0 0 0- 0 0 0 0 0 O o O O O o O 0 0 0 0 0 O O O o O o O O d 0 O O m m m m m m m m m m m m m m m W m m Ou m m m OJ m m m m m m m m m H M H m m m m : m m m m m m: m m m m . . . : . m N N N N N N N N N N N N N N NN N N N N N N N N N N N N N N 0 0 0 0 O 0 O o 0 o 0 O O O o 0 O 0 0 0 O 0 0 O 0 O O o O 0 O O O 0 o O O 0 OO O D O O O O O O O 0 O O O O 0 O O O O 0 O O O O O O D O O 0 D O O C. o 1 ron n w n Ul U, U, Ln U, Vn U, ln U, n m L, V In U, to ln Vl (n n a ".~ Y td C C C C C C C:C G:C C C C C.0 C C C a C: C C C C. C C C.0 C C:C C:C:C.0 C C C.0 C..0 �D x- p p p C7 p t7 CJ p p p p p p t7 p d p p p p p p p p p p p p t7 p rl 0 0 p p p p t p p p p p p r H :. H N A N m H H D\ O iP.. J N O: Ol H lW0 il In r H U'1 N W N N W m m W 41 H O a N In N ID h Vi lJl O1: N Y W a �P J :. �P ID: N rP W N N O: W Ot M N. W F�'.:- W �O W tO W 1n 0 M kD m 1D CO O.' m � . m J: m N', rP -iA r N: J O m :W . W N: O H. m -�D." a N. D\ H. 01 iA: 0 Ol N �A VI iA - N O. O m :: U1 H H �P -. m N: lO b m m m O.. ll"I V1" H iP... �a 0. 01 �.1: 0 m. H m.. O N m J J m: m O H O N H O m O O: O In m o m 0 0: m m a N N O N J J a. W O H O. O 0\ O O. IP O W W' rP N. a m. W Ol.. O O O. O m C z.. r H H -� > c�. n 4 ro H 4 4..E E :C C C C C C C H..H H ro H y H: H m m m: m r n R, H y H O O.. >> �/ $ H H m z zz r .'L .'c7 .'U x Ci7 tD >. y E£ C. C ".O z r O n N z RI �7 '3 ,T,x H H r m z n H H H H �1 g z w r m m x r xu m r: xv C : H Y' :Ch z Z [*] CT! �+ m m H C H 11 H: G1 C OH x7 m r d x'7 7. m o m- n I+ �' 4 0 m ,�7 .ro 9' fn > O m G�� z m� O m. O� 3 N m H H H O n M7 n t[i]/ HH O H d l7 n Cmh m O S O p n n tT1 0 m p O H dO H z x3 z CCr 3' . S �' S �' 7t7: � z ,��r77 z m H xc W H O.: (yyn.� �y+ z. z z : m f~A H. W C m -n O -H b [�iJ iCi H om :7, C17 �C�sJ H.z m OH O r L*�] x H z ��-�„ W a '[UH t�/a r m [i7 [�7.H: o H n mH cC o �3 r z y z a z m z t [ y c z y 3 z (] b ro i � . £ 7. � . � C". R, m H K O v n z . ro x x r o m CCy m C m C m n H y > m C z x? m z o ] n ,nJ i� ar v Q O O K. O Pll K 13 n �y z ?0 �7 t•7 ?� H n z : L3T1 (�] r�-� rH-i m: 7, G� r m' H m: p m y m ro r a to z m z n r x K z m C m Yn 3 ca Z m H ro m z r r n H o n ro a H H m C H w m p H y o m :H o C o z v r z n r a� m m H ro y H H ro r: �� o.n z H H- H n y H. H i� [[++ : "� m H n R, O H H K z R+ z O Ci C+] ro rro z m H S� r [/) z r O H H n n z m z '*1 r N H y z Czi1. E Gz7 a CO H Y' n O n m K ro L] ro. H n r M CiJ H ro z G1 H? w m H n H z� rh H z H o C z rn M n m Z rn z > :C H 3 'G.3 m n y. x z� a� z �: m E '� z k m " b" ro a. m m � S b O kq Cn] C H to W O m H L� Y 7 p m z s r e� e� r z� C .O tr7 O n m py z 71 .p ro.: r H 'ti 17, O H n7 m H O m p O tt" m O ro ro m 3 ro r M H�a y x x m 3 n » r r q H z Y n H H H H n H 0 o> n z K> M m pi H H 3 m ro ro r n] r r H z x m o r K n r z 3 H 3 x ro m Y ci m m o ro o ro � m z crop r °x z y °z m r Ll t�j m r m tom- n o ro r r H n K r m C r r O H H r ro C L tom' r r m W m m n t5..: C w � 0:: n 'J J J. J J J n] J JJ J J J J J.J J J J. J JJ J J JJ JJ J J J J J J J J JJ 1J J J JJ rj r r r H r r r r H (D G m N N N N N N N 10 N N N N N N N N N N N'. N N N N N N N N N N N N N N N N N N N N N N N N N N) tj 10 10 1D' t0 1D. 1D 1D (�. :: n R x' x• 10 10.. 10 W 1D m lD to <0 �➢ 1d 10 l0 l0 m . m w Lo m. LD 10 1D 10'.'10 1D 10 '10.. to m to 1D. 10 J J J J J J 1 m 01...0) 0 0 0 0 0 m m v V1 m (11 0 Vt Ll m m m iA 4, rP IN A P .P iA 44 w W W w. w W w 01 M W N. IH 1D C: O� O... iF'..:: "„y i.• rP O J M iP W N r to m J 0) M P W N. H 0.. 10 m: J 01 .. cn �. W N. r 0 10 m J M U1 d K � ro J m o > r N N N N N N IJN N N N N NN N N N N N N NN N N NN d;: O 0.0.0 O' O O O D. O O O 0 'O. 0 .0_0:0 O O. O 0. 0 0'.'O 0'O O:.O O'0 '0 " O O O 0 0 0 0 0 0 0 0 0 0 0 0 0- 0 0 0 0 O 0 0 0 0 0` 0 0-0 0 0 0 0 0 O O 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0. 0 0 o b. o o o o 0 0 0 o 0 0 0 0 0 0. 0 0 0 0. 0 0 :0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O. o o o 0 0 o o o. o p 0 0 -.0 0 0 0 0 0. 0 0 0 0 0 0 -0 0 0 0 0 p o lD 1D �0 -10 10 lD lD lD l0 lfl tp LD LD 10 to lD 1D W LD W <D <D W -0 \O W 10 �0 1p W. W to 10 :o 0 0:.0 0 0 o. o o o -o o o o o o n o: o 0 o p o a o '0 .trs O O OO O O O O a 0 0 0 O O O O O 0 O 0 O O O 0 00 00 0 0 0 0 0 O 00 O O OO ko tp w w 10 m w m w m m m m J. J �i J J. J J J J J a1... m m m m m m m <P In -.LP.. m /n 111 Ln U1 m i? 0P T W N U1 iP.. 10 m. J 01. 171 4 W N.' O 10 m J.. m 111 -P W.'.- N r O 10.. m J mlp, W H..O w m '.J'.' m L, w. N 'r O Q m W T 'r r Y.. r r r F-' . r H r r r r. r 1-' r r. r r r r.. r r r r. r F-'. HH r r r. r r r r r Y.. r o o o o 0 0 00 0 0 0 0 p 0 00 0 0 0 0 a 0 o tso oo 0 0 o 0 oo o o o o o 0 0 0 0 00 \ \ \ \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \\ \ \ \ \ < \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ r... r r r r r i-+ . r r r r r r r r r r r r r r r r r D rom mm m m w m mm mm � m aum m m m m m mm au w m m m m ao...m -oi m mm mm m mmm Oim :: p• N N N N NN NN NN N N N -NN N NN NN N N N N NN NN NN NN NN N N N N NN NN Q 0 0: 0 0 0 0 0 0 0 0 0 o: o 0 0 0 0 0 o o 0 0 0.. 0 0 :0 0 0 0:: 0 0 0 :0 0 0. o o o o -0 0 0 0.o o o o o 0 0 0 o p. 0 0 0 0 0 cn ... 0 0 0 0 0 o n o 0 o 0 0_0 o o o 0 0 -0 -Ut fib. ii' L9 0 lP lP !n In V1 U1 V1 171... lJ1 Vt In ln_ In Vt fll V1 _ L, m Ul Ul Vt lP lJt In In U1 111 llt U In lli to v7 In U'I V1 Ut Ut UI 111 V1 VI Ln 111 :C C C: C C:C C C C.:C C C C C C: C C C: C C:C C C C:C C C C C:.0 C C C C (i C:C:C _C5; cn. m m cn m m m m m.. m cn m m m cn m U] rn. cn cn to cn w m -. m m. m rn to m..rn m zn w m cn w Cl) w w w m w q q t7 t7 q d x' q:t7 q C7 q q q tl q: q d q._ q qt7 q q qCJ q b q q q:t7 q q q q q: d q t7 :p t7 q: q N r TT N N� `001 to N- r 01 A N 1P F, ul w m 01 �P r 4 W J m J W 10 m J J 1P w (p N 0) N Ln m O O W 1P m lll- O J.' J J W It. N w m W r: W O. m m O 111 -:l0 10 m W 111 0 V1 N 111. to Y m m. Ol r ll1 at 10 L.1 O N- iP O r O 0. W 1D X, w O J>.' O W.'U1 O N . O.o W O O O w O A O . O 'O 01 0 r J 0 O W -J 0 - 0 0 O 1 iP O J 0\ r q-4 g r 0 n n��� ro m r o C x1 x O H O m m z . m H r E z to n H n Z r to n ro g C h� n m r n m z [n m O ro 10 H z n Y z z C) C n 10 3 O M O z p [7 �C H [] n k k lq n n H L [7 x1 o f n 7£ z O ro N.`. t7 H m tl ? x x xl x7. x7 y... (D ,b 9' w x1 O m H. O m O n Cn k C (n H M D H O !-+ z N C' Y ski C> X4+1 n H xl H k- m to E q t� a H to m w Z� m> �. O 3 8 z O H Y� O� > z� Y x yy n y 'Y, m m x 'T] t" M O z Z m m r O 3 '*] z t,_ G7 L� O z Y' m q ,�f b7 H ts' H. z m C x z K H to ro t7 H ;U 9' :. �'. K yz n H ro C H E O �*]. d. x7 n: fh m m n C1 ro x1 £.... z O C x �ro0Pmt,`D t+ o W" 00bj8n� r H o cn z o n r o k x n D� 0 r m m N H m o m o o n [ z m q D m as z z�. ro m x n m H -3 � z x o m m R H: x z r ;u Y: n �: �. o 1 10 K7. H z n Ul z.? m H H ;U Ul x1 C �-' m w n z -z H 'U 'i7 H ro z r'U ro ro r V H y cn ro r z z E o r m a x v n b m r c3 m o r T£ H q t C m O b V b h7 H C m Y H O z m z G m O ro 0 H m: O C (n H ro o q r m cn C c� r H y r m x ro n m x x R z 3 z n tr 3 m r H *3 C k" x m cn cn H ym n r mm cnro r z H { x C� ro o a m m � m m rob m �� m x 3 n n1 x m H n b 3 m b z z C g H z n C m z e e r m m r co ro m o ro ro 1 o f n n o rE2 11 >�m C m C ra b t" ro M m 10 m z t" 3 C' m m L7' U1 m H t' ,o : 3 t' (n C £ :• m m 3 : H xa n7 m cn Y m m m m m n r 3 m cn n H z n m ro n m H oro t, m v z C0m H 77occ H n b H C H C0z cn o ] q C C S [ro y ro H M 3 n z co O H n O 3 n. m co q t x t C mn ro 7CJ K C O 3 � Y x k n r r r x n r ro m co r z r r t., rM c 0 0 ul $ R a m D �s x n z a r� A I a J J J J J a J al l J J N+ H H H• H H H r Y Y H r r r H !-' H r H r YH H r H r F-+.r Y r H r H.. r F' r Y r F-+. r Y r rr (D N to O O O 0'. O 0'. �O lD 1D 10 to m m-4 -, -O �D �o x- N O O W W W W W M W M M OD 0 0 0 O O O l0 tD 10 w �O l0 t0 w- m m m D) m m m m m m a a J DPW N..r O Oj. J O\ Vt A W N. H O t0 m J 61 (P �' W N.Y 0 "�O m.J 01 N VFW N. H O WJ kn 1�' o z ro a m � ro N N N N N N N N N -N N N N N N... N N N N N N N N N N N N N NN N N N N N. N N N N. N N. N NN i(y.:; FJ' O. O 0' O 'O. O O O O. O O' O '0 O O.. 0 O. O 0' O a 0 O' O O'. 0 0 0 0 0 0 "0 O' O O. O O' 0 '0 O O" 0 O..O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 O O O 0 0 0 0 O O 0 0 O 0 O O 0 0 O O O O O 0 O O O 0 0. O O. O O O O . 0 0. 0 O. O 0 O 0 O 0.. 0 O O O O O.. O 0 .'O O O O'.. 0 O.. O 0 O O.. O 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0. "O 0 0 0 0 0 0 0 0 0 0 O.O O.O 0 0 O'. 0 0 0 0 0 0. 0 0' O 'O 0 O.O 10 ID to w ID ID m -w tO w 1D 'o l0 'D 'D 10 l0 w �D �D w w -Q 'D iD w �o 10 1p Q \D ID �o w 10 w lD 0 0 0 O 0 O' 0 O.' O '0. 0 'O O 0.. 0 0 0 O.' O 'O O 0 O 0 0 'O O 0:. O O O Q 0 0.. O O O 0 0 0 m 1j H H Y r F+ H H r H H Y r Q o W W w W W W W W W N N N N N N N N N. N r H Y.. H r H H H 1-'.. O O O 0 'O O O p. O 0 10 w Q N. H O m J (n ITt rP W N O m J 01 (P iA W.. N Y' O t0. m a' a\ lP. W N H O m' J OS In Jx' W N.. H m f? O O O O O O b O O 0 0 0 0 O b 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 O O 0 0 0 0 O O 0 0 0 0 . .:: �O H H H H H r H H H H r r H H N H H H H H H H r r H H H. r H H H. r Y H r .. r H H Y H Y r H H W m m m m OU- OJ OU -m (1•: <: w H m m m m m m W m m m 0]m m m m m OJm O) m m OJ m m m po m OJ m W m W m m m �: �• N N N N N N N N N N N N NN NN N N NN NN NN N N NN N N '.O O C O O O -O 0 0 O 0 0 0 O O O O O O 0 0 0 O.. O O O O O 0 0 O..' O O O O 0 0 0 0 0 O 0 O 'O' O O O O O. O O O a O. O 0. O O O O. O 0 O' O O..O O O 0. O 0 O 00 0. O 'O O O O O. O O cn � in to to cn � to w to to to <n (n to to Cn ui cn to � to (n to to � to to [n to to to to � to to stn to (n in (n to (n !D C C.C.. CC C C C.0 C C: ci C C.0 C C C.0 CC C C.CCC C C -CC CC C C.0 C CC:C w cn to (n.. co to Cn rl) m ul Cn cn. cn cn . !n In W U) Cn Cn cn cn Cn. m (n to (n cn Cn co m (n U) U1' co (n (n Cn cn t7 _ x tl C7 d d t7 t7 t7 t7 C7 C7 d d d C7 d d t7 t7 d d d C7 d C7 C7 b d C7 b d q d t7 t7 d d p d W W r N N WO lD N O Vt O H O rP �P 1D H H H H Y N �R N H N O Q` c('l!.' H m 0 J lD.. m A m O.' a O w H W J+ J J A In Y J H.'. 0� (11 .P tll - N J.. J 'O r W l0 J..' W -1.. N O. iP O. W J m O Vl �. O O O. N O..'ln iP O O' N O.'.T Ul J Q' O O O H W O 01..0 O O 0..''D .A W O J O Y O O'.'.W M7 0 0 0 0 0 0 0 0 ko 00 0 O m O N 0 0 O O m 0 O a 0 0 0 0 ID 0\ 111 .. m Q 0 c71 p 0 3o. cps m o ,Oro m C x n_.:b OK 66 m. ? 3 x x.. C o C m m x. u m m H G m. W� o ro C HH7, o... o ro r m n H. m r N O n z C 9a 3 z M �•-+ . m H• r n m m W m r k 3 N' D7 t7 H• H. - m� O z t' (n P. "�J C Z r C H z C H ro CL [�7 t-' t=] a s - a� C� r�+ n (D z H H H n :D ;U. y' �C. x $ (D ,'rl H H.. O H M O x b1 0 t�-+' H b (D (D K O n CL O H x O H t7 z y- m Y' m > CL Y' m w O x7 tJ H m © . h7 [%+] W O Cz x x to r x n O [�] r n z In m (n ny 0 z > ;a m O m'. t3 tH� x y H"G m uKi Cry. tm�J. �.o'�' cn.0 m 0, 0, n r o cx7.H -q O (xis. K 7� � 10 t rr: m 0 E X m< o 0' N� 0 m c1 n x x o H K n ro N H N H o cq C v x rq H r7 � H o H m x H m z x x H a n m z x > z n m °x M 0 o z H z cq z z n H t7 z z m z t r H z� r y H z N r E t� r° ro y ro n H [q z [q. O co ro ro x 'b O m ro 3. C O ti ro M z Cn m m H m O X CO n z. tJ z r H r x r xU hd H t7 r K m z b z z :C > yHq n x7 x b Y Y 3 n m n O co° m n O'o x "d m 77 n n z z> 10 M b n x x r H b x x r zn D� rPro8 ro �b W t"� M v M 10 n w �._ H ;O V r M Ll M r H (n r C r 11 r [-1 m "q co C z H CO H P7 O O z m '�] z ro z m bJ H H r... n � � 0 C n \ zC H H �.. r Gl cn H O "1 xy n7 q� C : �C3 ca p �c�] C+7 n H H.. `.tl r. r z r "L O 'q r r r C 'c1 tq [[--�� O n z r r H H iD O ?� [nq n. r b O r Z m m �[y] z Ox r $. Y H 'q 7„ '•J 'U J% C7 G 2 H H H � r r H vY.. yH n U1 r. C d H fH] r Cm ro n bq q z� tro x xn r [dy r m O yC r ro x r r j n L*7 NN N N: N p p. lP N lR In �z a ro � N i K C (D D J x z F� n At corwmc � m K c N F, n m m n m 3 C n n n n x 0 0 Rr n m o o o o o_ 0 0 X x(0 D N 0 lO m -j O O O m N 'p, > D ' X � n .;J ! \ W ro � r r N N N N N IJ N N N N N N N N N N N N N a r � O O O O O O O 0 0" O 0 O O O O O O O �J w 0 Q O O O 0.0 O O O 0 0 0 O.O O O O 0 O O.O O 0 0 -O O 0 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 O 0 0 O O o 0 0 0 O O O 10 10 10 0 0 10 l0 0 0 0 Q a 00 0 0 0 0 0 0 10 l0 'D l0 0 0 0 D '. ' r ' lP W N r 0 'Wm r (Fa W O O O O b 0 O O O O 0 O O 0 "ij aT { W r m Dim w m m m m 0, m Om mm w m m m {r 0 0 0 0 0 0 0 0 0 00 0 0 0 0 O O O O O O 0 0 0 0 0 O 0 O 0 O O b 0 0 0 0 O C C7:: o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0.0 0 0 0 o o.0 0 0 0-0 0 0 0 0 0 0 o 0 0.o . m ( c C C c:c C C C C C C C C C C C C C C C C C (1 C X q q q q 0 0 q X : t N J N F 0 m di 01 O U 10 Ut IN r O ' ' Q 0'0 r N O D m l ::... ! N x o N z rr :o o r r> cn r M W M Y o m 0 o C r z n 3 R H ,ro moo 13 z z > [ > TS � co O m n m v � K O � m K c N F, n m m n m 3 C n n a a a J a a a a J a a a v a a a v a a J a a a a a a a a a a .a a a J a a a a J J a a W W W W W W W W W W W W W W W H O 0 O O. O 0 O W OW O W OW O W -O W 0 0 .O W 0 , O W 0 W O W OW .O W W O\ F n it rt ,0 0 0 0 0 0 0 0 0 ID W 1O b. W m� ID �O W m m m m m m m m m m J O O O O O m a m m H O W a D to O Q m J m LN W H O 0 w 0' 0 X L: G N ro >: \ � z ro v m o > r N N N N N N N N N N N N N N N' N N N N N N N N N N- N N N N N N N N N N N N N N N N N Iji j a 0 0 0 0 0 0 '0 O O. o O O O. O 0' 0 O O 0" O O O O. O 0. O 0.'.O 0'. 0 0 '0 O" 0 0 0 'O.' O O. O O O O..0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 p 0 0 0 0 0 0 0 0 0 0 0 0 '0 0 0- 0 0 0 '0 0 0 0 0 0 0 0 0 0 :. �D 0 0 0 0 0 0 :o 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 o. o o 0 0 0 0 -:0 0 0 0 0 0 0 0 0 o o 0 o 0 O O: 0 0 0 0 0 0 0 0 0 O. 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 0 O 0 O o 0 O O p 0 ID m \D W lO 1D �0 ID lO W ID W W 0'D W W 0 ' a 1D �D W �0 lO W ID W lD W. W W to w � W 0 0 0 0 0 10 0 O_O O 0 0.'00 0.0:.'0 O:'0 O'.0 '0 0 0 0:00 p.0 0. 0:00 0 0:0 0: 0:0 O O 0 O.O N..N N N N N N N N N N' N N N N N N N NN NN N N N N N N N N NN N WW NNNNNNNN N N H H.H'HHHF'H1- 'H.000'O OO.O 000 10 1D ��.�D��.��m m w r� 1D 'm J m O O O O O O p 0 0 O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O 0 0 O O 0 0 0 0 p 0 O 0 d O O 0 H H H H H ID Y H r H H H H'. H Y H I-'..H N.. H Y H Y H H H H. H H. H H H Y H '(T:: W y m m m m m m m m oom mm m m mm m m m m as m m m m m m m m m m m mm m m mm mm m m m' m .'' � O VN I lO Jl O UN 1 VN 1 (Jl iN 71 Vl (N P .. . N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 o 0 0 0 0 0 0 O O O 0 o O 0 O o O o 0 0 0 0 O O O O 0 O O o O 0 pN 0 N 0 0 0 0 O O O 0 O O O O O O O O O O O O O O O p O O O O O O N O O N ri :: > [~ h ] , In (P U7 (P lP llt UI V1 Vl U1 Vl ll1 N Ul lTl m m w 0 Ln (p lTl Ul m 0 Vl VI Ul m Ll In Vl m In C C C::C C C C C C C C C- C C. C C C C. C C:: [ C:.0 C C C C :C C G: -.0 C.0 C C C C C C C C C:C {3:; m rn m rn rn m cn to cn cn to cn. cn to . to yr cn of co cn . U) m . cn to m cn cn m � cn m cn co m m cn . cn cn m in to cn co x g q q q q d q qq q q q:q q -d q d q..d qb qd q q q:t7 q d d17 qq:q q qq dq q q qd V1 N r N H w W W 0 a N Ln W rP H N W 0 a H N . . Vt .O._ H H J H m iP �P: W m H O 'p, O 10 W 0 \D P 0) rP ON J 0) N 01 O 0I H0 DN m In O 01 O 0. O 1D m O O. Vl O �P O.. O m.. O O O 0'.' O 0 W o Ol N'.' O O O O VI O.'.' O Vl J O O O.'. 0\ O m �P O o O N m 0 41 O O O 0 a O m m 0 O 0 O 'P O O N a O O iA.. O) O stn" >�a b7nyro�nommnz�t�nc °mromymo zx0000 nc�i�w o a r e b a 3 o m w m n x� H ro y x y g y �O g x n� z z z 0 x m 0 y r zo m e N: m n - fD m 4 x7 ,R7 to (n n o m H �x m k x7..... m h7 w �y k w r-i r-� k to h7. w n m p. n �O+ C [tl O n z r z O Z x 77�yn. O P, > 9' n yri > Y' z �' H� C[ "0 x� z 0 H 3 g Z x 0� H Cr x:� S' a' x- r 'Z �' H n O H C C7 G co b Id q a n n C7 w r V r n7 �R r" M�ZR6 6n P,8 n �n ro ° x m y d ro t, m w x z z n z o 0 m r �i o m w o n m x H n ro 0 x n k n x H ro 10 ao > x o r n x a w m m w o c o ro m. m w. ay z co z n. z h7. a' z x 3 w to O H w r H H ho R, O: xy z w r m r O r > R+ Cn 0 m q [n.. H > R, G [�=J m cn b � .. z n b: q umi Z t�j "i O m z a O zz z m y to y ;v %: t�7 0 10 Ll a roro tomcz.y nar w ro t o 'za b rou�mt rmcm10 nxny?�mrn °zaco0 m too n n m y r r k z N z k m z m m c� k m z x m n w n] m '?] M O d a' C r x n7 m ?� ? m H r W O w ar c n\ H7 O y H m y r c y y w. . :w az, [m" tw- tin. - '" '�J z r y �z co 7,: n > C ql n.. zo m :. - yyro to m �[b-� [y+ H n k 3 7, [�+7 . w ate' . o C Cmn 0 m R, yx r> r m b ro v m m 00 p z n r x to u n o 9 n m tTyJ r ai x 0 C x N� t, m b r x C z r r r 0 aISO., 0 0 >> K J J J J JJ J J J.J J J J. J JJ J J J J J J J J JJ J.J J J J' M M M N M N M M M M N M Y M M N M M N .0 M. M N N N m A ,P M A A...w 'j H o w l•'). W W W W -. W W. W W N N N N N N N N N N N N M /-' 'N M O t0 CO J O\ U'1 rP W N M O l0 m J t31 ' m rt 0 0 >q' �C M: m m w m m m m m m m m m au m of m m m m m m m m m m m m m m m m m m m m m m m m m -w m m m h 0 N N N N N N N N N 7(-DD() ~ O O N N N 0 0 0 0 0 0 0 0 0 O'.' O O O p 0 O 0 0 0 O O O 0 0 0 0 0 0 0 O O 'O 0 0 O O 0 O O O O O O O N N N N N N N N N N N N N N N N N N N . .. . N N N N N N N N N N N N N O O O O O O O O 0 0 0 O O 00 0 0 0 0 O O O 0 0 0 0 .... O O O 0 O O O O O 0 O O 0 O 0 0 OO O 0 0 0 O.0 00 O O O 0 O O O 0 0 0 0 0 0 O O OO O 0 O 0 O OOO O O 0 0 0 0 0 O O 0 O O O O O O 0 0 0 0 ro.::: �N �N O O O O O 0.0 O O O O 0 0 0 0 O 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 O O O 0 O.O O O O O 0 0 O O l.. ...N ID 10 \D W 10 D �o l0 D lD l0 Q to �o 0 l0 W� m . . OlO m lN 0 1N 0 .' . t0 D O 0 0 0 0 0 O O 0 0 0 0 l0 � D . 0 0 O O 'O O O.'' O O O 'O O O O O O :O O 'O.'. O 0.. O 0 O 0 O N N IU N N N N N N N N N N N N N N N . . N N N N N N 'Y'I•.;: m m N N N N N N J J J J �1 J m O� 01 Qi O1 O� Ol 0� 111 Vt M M c M M Y M M. N N.M N 0 0 0 0 M.M..M M.M M'N O O O OO O O OO O O O O O O p0 0 0 OO O.O 0 0 . OO O O OO OO O O 60 OO 0 0 m rt 0 0 �C M: m m w m m m m m m m m m au m of m m m m m m m m m m m m m m m m m m m m m m m m m -w m m m h 0 N N N N N N N N N 7(-DD() ~ O O N N N 0 0 0 0 0 0 0 0 0 O'.' O O O p 0 O 0 0 0 O O O 0 0 0 0 0 0 0 O O 'O 0 0 O O 0 O O O O O O O 0 O tJl m lJl w Ln m 0 V1 Ul.. V1 Ln U1 Ln (n to lP Vr N m w 0 V cn N Vl... In In to V1 m In In m w U1. U1 m m 0 lJl Ln U'1 LJ (J1 ro.::: m C C C C C C.0 C..0 C C C C C C C C..0 C.0 C G C.0 C:C C C C C C.0 C.0 C.C. C C C C u n m m � m n to rn m n cn m o x cn rn Cl) cn m rn co co cn rn cn m cn co m cn to w cn to m u C7'> n n n m b d q t7 d d d d d d d l7 k7 b b d d g d p t7 kJ t7 d. d b t7 t7 d O d p d C7 d C7 b tz, p 0 t7 c x N f 00 K O N J J - J 1D J 0� ' N M N fly J m �o N U1 0 N m M N ,P m W': O I IN N'''` N \ 0 O O' N ro o w 0 O J O O- J M 0 J O ID O. O O m O N M O O' m O 0) O Vt 0. N Ul Vt . W .' N � ro X ro M- o LTC7 H.. y p H R H Li 4 b z z ?tl G1 47 r V1 b t7. y yy �y ;v 3 q. o..x m m n o r o C -o H ;u cn m �f R7 - H Z 3 rn Z �• 4l O ro b '*] C .. b C to ro K m m to 9' y "A w x In b rK GS ro n a.0 Cn ,�7 row b N r ? b7 [T] O O Z <: A. H C d N n "rU' ,z+ M C t7 C ?� x x fD . [i7 n N O :4 O 7-. O cn L[Tl m z cn O b7 b b7 lD 13 � C x H x H o7.. � z ° C a. r O hE7 M M Y M M. N N.M N 0 0 0 0 M.M..M M.M M'N O O O OO O O OO O O O O O O p0 0 0 OO O.O 0 0 . OO O O OO OO O O 60 OO 0 0 m rt 0 0 M: m m w m m m m m m m m m au m of m m m m m m m m m m m m m m m m m m m m m m m m m -w m m m W H 0 N N N N N N N N N ~ O O N N N 0 0 0 0 0 0 0 0 0 O'.' O O O p 0 O 0 0 0 O O O 0 0 0 0 0 0 0 O O 'O 0 0 O O 0 O O O O O O O 0 O tJl m lJl w Ln m 0 V1 Ul.. V1 Ln U1 Ln (n to lP Vr N m w 0 V cn N Vl... In In to V1 m In In m w U1. U1 m m 0 lJl Ln U'1 LJ (J1 ro.::: m C C C C C C.0 C..0 C C C C C C C C..0 C.0 C G C.0 C:C C C C C C.0 C.0 C.C. C C C C u n m m � m n to rn m n cn m o x cn rn Cl) cn m rn co co cn rn cn m cn co m cn to w cn to m u C7'> n n n m b d q t7 d d d d d d d l7 k7 b b d d g d p t7 kJ t7 d. d b t7 t7 d O d p d C7 d C7 b tz, p 0 t7 : x N J J - J 1D J 0� ' N M N fly J m �o N U1 0 N m M N ,P m W': IN N'''` N O O' N 0 O J O O- J M 0 J O ID O. O O m O N M O O' m O 0) O Vt 0. N Ul Vt . W .' N �✓::: X ro M- o LTC7 H.. y p H R H Li 4 b z z ?tl G1 47 r V1 b t7. y yy �y ;v 3 q. o..x m m n o r o C -o H ;u cn m �f R7 - H Z 3 rn Z �• 4l O ro b '*] C .. b C to ro K m m to 9' y "A w x In b rK GS ro n a.0 Cn ,�7 row b N r ? b7 [T] O O Z <: A. H C d n "rU' ,z+ M C t7 C ?� x x fD . [i7 n N O :4 O 7-. O cn L[Tl m z cn O b7 b b7 lD 13 � C x H x H o7.. � z ° C a. r O hE7 C�7 n Cn ,q. [nil m [n�] d [CfJ . K ( ] :C H � O b vl � : •ro CL n y. a C� y �J n H O - x7 [T7 �x7] r < 0 H H.. x7 ?��? x1 3 N H... z C . [ o L>' d . G] Z o 13 Cr 3 5'. o 'C• z LL, 'C L� z�'9 y.. qg z t� !"ri (r9 y ro x n co !� �' x N z tai L�1 �C+ O r�+ 9' to cn x 3 1' yx��ro [�i� y t' n C T� z m x f�] Ti C H z n t�7 [�] z ro p7 O ,�7 :� Y H Y to ?� �3 p to [�7... p7 r w w z z O n n r H r b7 z r z n H p H [H z Sti H to o n H x b7 n ro 9 C C7 7 C7 ?� z Cn m n7 ro b7 z H R' H Z7 M r 0 O ro '1 �, N p O ql twig m GO [�7s 'rJ z h1 z C'� y n. ro [i7 z (� y i..� 0 z m n r z x cn m w. to m �. �o L- , z r' m r x w z z On n> m �i n ?� H x z O to w n..14 ro Liz m H ]?' H x.. y' O H C L� > hC n r> n� �-•�.. ro x ro m ?� to ro r S z z r 3 cn to M ,-+ H T ,-+. ro H x n] z O [�7 H z 3 t7 �U�rV)n -r<nk r r�o�r m R7 Ul. �b8 n a fn to �� r.. cn zK m O.._ r H r r m z..r n r-, �.� H M > m H. co L H O b �� n] :U H 'i7 p H h..: C z ro. n] r :U ?- C y H z z C H n O r> a fn O cn M x 9n' t".: O u n n H r z C t» Oy i-+ w z m ' H Y r to � O O O z H ggg H H z z p 33 O to y to kh y M ro cn to ro> z n y. r r 0 E z o z x rfj Lir7 hni K r m ul r, ro ro r�j cn r bi NO 'O O y.,.. In ? Fi N M � m \ 0 0 > � w n n o 0 a J J t' H H..H r r r-•+ r r+.r H r r H l-� r H r H r r. H H H r..r r - -H r H rH H H H r HH r-� H -rr r+.r W W W W W... W W W W W W W W W W W W w W W W... W r r r r.. r r r F r r'. r r r H r H. F-' r r r r Fl F' Ff r r r- r r r Y-'. r r r H t0 ID 10 ID �o ' ID m m m m m m m m m W J a J J J J-J J J V m m 0\ Ol 01 0 01 D1- 01 M W L (n Ln L" Ln N J Ln -lP+ W N H O 0 W a 0) . Ul A W N.. H O' 1D m J 0l. U1 iP W N: H O': � m J O1'.' Ln �P W N H 0. lD m. J m 0 �. W •rte': N N N N N N N N - N N N N N N N N N N N . N N N N N N N I V N N N N N N N N N N N N N N N N'N ryy 0'0. O O O O O'0' O O O O..0 0.0 0 "O O..0 0' O 0 0.0 0.'O O' O.' 0. O' O O '.O. O 0'0 0'0 O O O O 0 0 O O O. 0 O O 0 0 0 0 0 0 0 0 0 0 O O O O O 0 O O O O O 0 0 O O O O 0 O O 0 0 0 0 OO 0 0 0 0 O' -0 O O O. 0 0 0 0 0 O..O 0 0 0 0.0 0 O O 00 p.0 0 O 00 O.o 'O O OO 0 0 O.' 0 0 0 0 0 O..O O O 0.'. O O O O O O. O O' 0 0 0 0 0 O 'O O O O O O O 0 0 0 0 0 O O 0 "O �0 lD OW i0 Wo lD 10 �o W \O lD W 16 lD lD 1D \o tO 'D 10 1D -10 lD 10 a 1p lD (O (D l0 W � ID 10 W Q � � m 10 �0 � 40 (0 . O.O O O 0 -.O O. O 0 "0 O O 0'. O 0 O O Q O O. O 'O O O -O O '.0 O. O 0 0 0 '0..0 O.' O O O O..OY1'4 OUX W W WW W W'W. W W.W WW 'W W W..W WW W.W W N N N NN N.N N N.N.N NN W N N N N N. H' H H.'. r r H F-' H .O' O p O O O O ID W 1D lD to \0 1D Q kD W .. m W m- W m W m m m J J J J iP iP W. N H O w m .]. m N. rP W N J 0) m W '.N:' H O -. 1D m H H H H H H H'. H H- H r H H.. H H. H H H r'. H H H Y H r.. H H. r H H H H.. H r p 0 p O 0 0 a 0 O O O O 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 O 0 0 0 0 0 pm m m m m Wm Wm m m W m Wm mm Wm W m m m W m m m m H -m W m W m mm W -m mm N N N N N N NN N N N N NN NN NN N N N N N N N N NN N 0 0 0 0 0 0 0 0 o ro 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o C) rwrii' 0 0 0 0 0. 0 0 0 0 0 0 0 0..0 0 0 0 0 0 0 o..o p o p.. 0 0 0 o..0 0 o o. o o. o o. 0 0 0 0. o o m m. 111 lJl Ut N m Ul 0 In Ul m Ul 0 m Ul w 1f1 Ul m Ul w l71 lP m m m m m 0 Ul , 111 m V1 Ut Ul u,. In lP w N N ro` C. C C C C C C C C. C C C C C. C C C C- C C C C C C C C C C C C C C C C C C C C C C C cn M cn M M m w cn ar. M cn M to w. M M M tn.. M M cn . (n u7 rn m co M m rn (n m M In M co (n m M M co M d t7 u t7 t7 u t7 0 O t7 0 p 0 u t7 t7 t7 C7 C7 t7 p C7 C7 d d d t7 C7 O C7 t7 d d t7 . d t7 t7 W'. a N .p. Ul H N H ul J H H W. N H W. N H O H.. N N (Jl J J H m In N r m 0\ iD m O' lD -0:. Vl J W O'. J r..0 W : W.. O iP: �P J. m F-' H r O m W. N O' m H., J 01'. m H..'. �P W 01. J m Vl N N 0 m 'm 0' O 0 . O O O 0 0 0 0 0 O O m O 0 O m O O O m 0 0 0 N O w;? z 9 n t7 0 W W<> 3 4. C -n n (n: x< n to xo 4: z Fri < d7. Z7 3 M x i t7 d C FO J: >. x D' ,•V O a w. m b..O a O b a m G b' t" O M O E M �u rH y x m O O. a' a O M. a a. y� M n7 O y� pl C ly t7 O W M �a G F-+. 7.' C� z w. w Fi p N a 7 C H" K < M n C M >C z >{ ,77. H (-i " co G .. 5 :d �-3 :o a. G m u - .M l?' �-+ Gl. r, tr• a H K H ro X hi . y - C N: 0 9 H H x< F n HG rt m (D Co N P IV x o fD (D z H$ D C W O a D n x U] C U n n M b7 a a a < M H (D O t 7 a rt M M x O d z �i a a< T� H tq r n x x x d m ro ro M m m z 2 u rt x rob 3 H z b w o n w c ro c H �z o m 7., M p w m O w tj l< C co " n Dl y. -to K m C R�7 C7. t' H O H oCO r b7 '< Cr H N (3 m M n 13 x E� rt v n K< r ro m x m o m z rt nor x o H x m y n H M a H ro ni n o n (D M N b w w rt x E x a z z z ro n o o m ro t0 a m a m M H r x z a s o n M m ro w M ro M M M z c� x H n m> ro ro m ca o co C r a o w rt n w ro" r z n w m o r w a s z n H n x r o H H z r a o n M n ro n x a o m b M a m z M S M p H M ro o z cn d o b Y z m M z z M n ro z n w ro z w m w n M o w r ro C n C c, H n n m ro m M H p y y U) m z m o d m r rt ro w ro o K x ro z z b M r ro cn > r� H z n z ro ro n a H H 3 m 2D z n7 r ;o (n x w 9 C (n M C m 0 w > n m ro U r x r 7 w 8> fR 5 m� rfR H� ro rr� ��e��zro [yr r n lr r O In M 7. H T� i M n n7 N M [ 3 n m C M t ] n z H O m q n7 H VS P M (n�'w aw ro r m- '+]im. m (n rx Gi row z t, L,zC X: (n n7 n7 r b M H 3 0> 3 H r r 'I CL (D r b "r, C t7 O H io b O x C H ni z n w h7 M '*] C [n 3 'z' �M y C �-,. 0 r H 's7 rt r .3 - 'CJ r ;V 3 ro d r r w vy7 F trr 0�+ �< cOO� > n M C N r - [,7 U.. iE H r C C n7 H �rT r O 7. 9' n Cf) M o- t o r m �• ,y (n z r (E r R z y On K r H p 0 0 o O O 0 o SP ul Vr. In :w•:: k rt x x :1 x l< G (D n 0 0 y o -I \�z ro of � � ro N H by m rt m 7 W y fS a m a b A, (D m La Ul a? &� -1 (o m \ m rt o N O U7 " [ w W N cC n o ro J_' J v. J J J J J J..J 'J N.' N '.N N N N N. N (D W.. W N..N N N N. N. r :�>: 0 ID. w J m U, �P W N F-' : 0 \D.. OD m rt O h a n M X NN N N N N N N :N.. N (J N NN 0." 0 0 0 0'.- O O' O O O O O 0.. O OO 0 O O a o 0 0 0 OO O:O 0 O O O.o 0 0 0 0 0 O 0' O O -.O 0 0 0' O O O 'O O 00 00 W W W W W W W W W W W W W W ID m J m lft rr r r r r rr r..r r r r..r :!a:;:; O O O O O O OO OO O o OO 0 (7. N N N N N N . N N 0 0 0 0 O O 0 0 N N '.' N 0 O 0 o o o o 0 o ::(Di:i: U1. V1 U1.. m m L, m UI U, U7 Ul. Ul Ul. 0 cn m -cn m. cn � m rnm cn cn m (n m m � a a e a d a d a o a d a a d a lD o r N NiJi r r �.:f o m w m r o:: Ul O W J O J:: w (n W o: N o. w:: O- O N as O O a.. � (n H > w.: � > O n y u m e m m x K x k N �'o x m y n H z X' m (D <8 w � n r m:z w an d x a y E H c k mz n n m a. m z� n n n x m z °° rn:' N n ro U) O O 1t (n F-3 al, :. r ro a z o m > o �a x� >z���� n:a > d z t7 .:(D m z z C :: ul b: 1. C ro K � � r ro : .. �j x .< 9 N Pi y o n7 \ m ro o y � ro r r nJ O] (T Ul � W y r ti a m w x n C O 0 R 9 w m \ (D tl o N O U1 r 3 r W to n w n o b w m p rt 3 m 0 0 a U) m a m C) m R- ro a m C d G m N W W W W W W W W W W W W W W W W W W W W W N N.N N. :N N.N NN N.N NN N.N N.N Y H rr H r H rH r H :O O O O OO OO O O 100 C�pI M: m: M N NN NN NN NN NN :N N N N NN NN NN O O O O" O O O O.'. O O 0 0 0 O.. 0 0 0 0 O O O O O O O O O O O O O O O O O O 0 0 O 0 0 00 0 0o O 0 o0 0 0 0 0 � 10 -�o ID �o w io w ko m w 0 0 0 0. 0 0 0 0. 0 0 0 o o o o�o w'D w 'D :rr: 0 N H r H 0 0 0 0 O O IO : gyp m m m m H 0' o O O Oo m W H W. �D W 01 m H 0 O m m w m H o -. � m .n in J r.:.n -r o r u, N. w n: m m --j : rn O O 0 O O H '0 O O H ' 0 O H 0 O OO O O 60 0 O O :OO m m m m m m m m -m m -m m m ou m w m m m mm N N: N N N a: O O O O. O O'.0 0 0 O O O 0.'.0 O: O 0. O O O 0 .. 0 0 O O O O- 0 0 'O. O O o O w C C- C C. C C G: C C C :C C C: [ C C C C C m to to m m m u�. m m cn rn m rn m rn m to to m. to :- r7aar7 aaaaaaryaaaadadaa �i rx m Ul. O O. Ul . a) W W p IN W N m m :' N " O 0 Ul m- m O 100' VI O O. O O 'O O O O O o W 0 m o O O a1 m 81 01 O O O O O O O O p O 'm 0 41 O O O O Vt U1 .0 a x v C c 4 M m a w m c r y o n n a n m m c m o a o a m r C p o C x b a o 0 0 0 c z o o w ja o m z C r C r C : N ? W m a .� z 'i7 R7 N' m '�. y m t, C r. C N z H o z w o\ H H U7 m a N' d�o o w o m z xa z z m (D N n a tr m C U) a7 0 m . a n r m K to x n n n n N�> >� x m m H z a W �.0 z a 3 3 �. R+ o a ro m m m w H ro m et ro crzzz zryampb >.' y y a to : y' x m m m ny m xr to ro H L7 r O w' r NBC °0�"��BB88 m r z 'n z C to m C r t C C r C r r r m m y z m m t r n z w m U) w> m m m m > C m ro to C n n n n p: 'U r-1 ti O r m 'I y y y- H :.ID:: m ul o oz m m r t� z z° C y y n .... t� C _ 3 [n to m [Cn [C�7 Ci to to m t m m m w C :C C C H a � x m ? H x ro w t� p rt U > O h] \ 4 7 O > �o ro FJ' r "y n m rt w y n a ro a x n 0 0 a � N w m \ m It o 0 \ H � H W W xJ .. n o H H H H r H H H H r H H H H H H r H H H H H H H r r H H r H H H O O O O O O o O O O O o O O O O O O H o O o O o O O o O o 0 0 0 10 lA W 0 wWit, W WNHH0000mH W H0000M �A 000OJ p N W JOIH HA O J N OJ H w W OI Ul IN 10 J Ol M UI H W ON UI UI UI IN ID O W JNm O1W IOJ NlO iA10WUlMm WO-IIO 4110J N-j OD OD co HHO<kD%.OJ OlO Ut UlNO1 4lUIONA W WU1J W WU1 W JJH1D 10 O10 �A W Ul U7NUl .� �xnn:2 un:2� x nmdn�H n �n�n !: 0 10 0 HF -0 C'pmmdn X, n 0 L-1 0 x1�1C n��tn 3 OnC �7rnCx Hz �nt�J[�7HZ oC:4C3 xCG]���ctG�G�Hn'=J�7 C�Hc7CrJG�z�HnxnOx7 :UFCZroxltnL]m� C� p:: rom CH �� HZ� 0z fn Ox70 r �H LTJ�71 �� 0 >�xxMZ Z Hm OfnCCJ p � 0 Ili co;d> H n n Uzi CO �n12n�m HHH nmm m n ;cr: mro >m0P-Z zo x >mp -H nHr O z cnt:l :4 Hxzn >R,10M m-3Znm 0xoMcn Znn�HCnmC HH �n HH ax n Hro HHnRl0 zm nm co 00 zmroC CH m OH H MM] o'p HOm H ex i1 Ha C: n'po>m C0 : z.31 WO :4HC M ZZ Wo MmmOH 'ail,0pom m z 0 x U) myna -3 0 w n w m 0 z H 0 n C-1HHm R, F-3 i7cn ICJ HCJ 3 H 2i x Op H CF-3HCy n(n(n n ] NmZ n znn Cl) Oz rozro C H Z H H n z n zz: m H>1 HnzH Hy H Hm O Z N nH m m ro H z0 m z z [ m > z m m : m z nz o �� c� nmz mo ro >m:: > n n y m >H n H H > n zm o b p [ C o H b �o d C O' C O [ C J H r> O y 0 H H n m H n p H Z3 n C 10 r N O H W Co H 00 W H r H N iANJIOHJUI A Ol JN W�A .A CA JJ10 X701 ji HH W NAP �A NNNUlH10JH HWN WJNNUIJ Wl0 W OH10 O1rWNN 0\ 1J110W IJW WO Ul Ul100W nli 110J OiAJ'ANJOI Ul UlH W 10 IA 100 Ul J OMmrN W IA NJ W 10 m O Ul J w 101010 o 1 WLncnw00Nl0oON WO.A W10NO0 JrA 010100 -J1 nWOOHNA PIMA Na W. 0010 W 10 r 100 <W HHO 0110 N00 W 0 UlO NJ J W OOJ H0 U10%D J 010 U1 M w 1A 001 W W.A UI W W O O N m O O Ul 01N M Ul O 00< O WN000 r H H r H H H H H H H H H H H H H H O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) NNNNNNNNNNNNNNNNNNHHHNNNHHHHF- `rl- �I-- �I -�HHHH Qj, r HrHHHH0000000000010101p000 W W W W W W W J J J J J J ,�::; N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O o 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ra. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ul U7 Ul Ul Uf Ul U7 Ul Ul U7 Ul Ul Ul Ul m Ul Ul m Ul m Ul m Ul Ul Ul Ul Ul Ul Ul Ul Ul W 0 Ul Ul Ln N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0j::: 10 10 10 10 10 10 10 10 10 10 10 10 l0 10 10 lO l0 l0 l0 l0 10 W W W W W W W W W W W W W W co W 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 i, W W W W W W W W W W W W W W W W W W W W W co W W W W W W W W W N W W co W O1 M O1 Ol Ul Ul In Ul Ul Ul U1 Ul ll1 iA IA 1A IN ,A N N N N N H H H H H H H H H 0 0 0 0 cm) W N H OWJ 01 Ul 41 W N H O IO W JM Ul J 01 U1H 010 W J 01 m IA W NO IOW JOI UI ;U '0 0 n n ro n O 'd (D n r-r N� O GO braft*(2) Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/22/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 22, 2005 through October 28, 2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. Combs: nee :�9a —�7 Item Copies to: 11/07/2005 AP Line Item Report for Payroll Operations AP Line Item Report for Payroll Operations Mgr. V. i x A caizrs i : of ..... ter: .. a�rn i ;. inaii C1 ng..: rig; elcse';:. 1084 Fifth Third Bank 1,373.54 10/24/2005 2000090370 100848 DISTRICT TWENTY MEDICAL EXAMINER 34,000.83 10/28/2005 2000090371 101324 GREELEY & HANSEN 24,609.90 10/28/2005 2000090372 102809 SPILLIS CANDELA & PARTNERS INC 10,288.87 10/28/2005 2000090373 103623 JP MORGAN TRUST COMPANY NA 4,170.57 10/28/2005 2000090374 104573 GREELEY & HANSEN LLC 52,655.71 10/28/2005 2000090375 108057 SPILLIS CANDELA 230,552.50 10/28/2005 2000090376 111637 JOHN CARLO INC 353,188.18 10/28/2005 2000090377 N kTatil)z Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/29/05 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 29, 2005 through November 4, 2005. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. J a J a a J J a a J J J J a J J J J J a J J J r H r H H r H H r H H r r r H H H r r H H H n w w w w w w w w w w w w w w w w w w w w 1 -m wj m N .N N N. N N. N N. N N N N N N. N N.. N. N N N. N N.. N N. N N. N N N N. N N'. N. N N N N N N .N N N. N -1 J 01 - 01 fn Ol Q\' Ol O1 Q\- O\ 171 m In In (n In U1 Ut U1 In �A �P �P iP iA iP W W -W 4-j r w m m J m ln �A w N H O 10 m J D• V1 iP G m "< N t z ro J w � ro N NNN NN IJ -N N -N N N NN N N NN NN NN N N N N NN NN NN NN NN N N N N NN NN J 0 0 0 0.. o 0 0 0- o o o o. o 0 0 0 0 o. 0 0 0 0:0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 O::O O O.O: O O O O O 0 0 0 0 0:.0 :0 0 0 0 O.:O Q O 0 0 0 OO O.O O O 0 0 0 0 0 0.0 0 0 00 0 0 0 0 0 0 00 0 0 0..0 o 0 0 0 00 0 0 0 0 0 0 00 0.0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ro 0 0 0' 0 0: 0 0 0 0 0 o. 0 o: o o o o: 0 0 0 0 0 :0 0 0 iP a �P iA pa a at In lTl tP N !n to In lP... In 1A iA iA rP W W w W w W W m W W N N N N N N N N W m J J :::: aA m 0 m w bj C) J O�.UI W N H O.'�D m. J.O1.m iAW N.H O. tO co -j OIUI 0.?..W N'H.O.'l0 m.'.J 01.. 1P...W 'N.r'H O 1O .'m H M rt H rV-'H Fir Hr HHr rV- �rF- 'HrrF'rV- !HHH1 -�r F� -HF-`H rr HH r H HH Hr 0000 {rl "FS' ID o o 0 0 0 o 0 0 0 0 0. 0 0- 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 -0- 0 0 0 0 0 .w w .w w n; w y N N NN N N N N N N N N N N N N N N N N N N N N N- N N N N N N N N N N N N N N N N N N N N N N N pi. Fj o. 0 00 0 0 0. o o. 0 0 0 0 0 0 o 0 0 0. 0 0.0 0 0 o_0 0:0 oo 0 0 0 ro 0:.0 0 0 0.0 0 0 0. o 0 0 0 0 0 0.. 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 .0 0 0 0 0 0 0 0 0 0- 0 0 0 0- o cn w m cn m to (n to u+ in m m Ln m to m to to to ui u,�.. cn w to m. in m m Ln m to 0 in in.. to m m m in to m to It::.:: G C G:G C G G.G G..G G G C::G C:G G G G G G::G G' G G::G G..G G G C:G G: G C.G G G G. -G G G G: G m m cn m m m m m m m m m m w m m m m m m m m m m m m m m m m m m m w m m co x t7dp -d qq qq q p p -d qd q d qp p d q -d p. qpb q:t7 qp ti: dq ggbp:q pt7 q pq q .h::; a N W N..N:�'. Boa N OIFm+ N (n.N N J {n N F, W O t0 tP C% M ON lP W. H H H a% H. O\ a. W J.. -H N W N iA N r H r O] N H H D\ J H. O\ ID In O. Q N -. m tn.. W J. m w H tll -. rP O.. a �. w m. H N H A.. a O'. m N N m In w �A w. In N. J -m. J �A m m 0 m O w J. J O O 0.. In m H 0 m Ol lP H m J. N m W 'J..11l 'H In In t0 J O lP In 0 m H.. Ul lO U"i O:' O . . . m J m O m O :0 O. N O H N O w N m w J O N 0 m O 0) H 0 0 n 0 O H J 0 0 w N a, 0 ID O O- 14 sv > > > >> C >> n >wgmmZgC:X Hmznay£o ngrHFij r r r r n q n o a c o m m m p m o H y o ar. n o 0 x y£ o z r r o m m m ro r r r r z c q y n ti rt w a s a y ro ro H r 3 m H aY H< y o£ o r m ro m: y C x O z m m z y C G m 0 G2 H m g a a ti 4 m m 0 0 H x m m z H C7 x r H O d 77 N m to a ro z n 1zY H m H -z rt rt H:.O w ri :m O: O m m H "�7 O w C G> m ro w q S' 7 m tD H. m rn a rn m m 7� z z G ?. q G O n a 0 x7 m m rr H o y? O: ;V O r - m b n (/� H M z ~�znzdr���y g n z q m m o m£ m o o n ro c m m x m z c r z m x m n o o n c y o o m n z w ro n n z r 0 x x ro�:5 n a m C n G> m m jY : G H.. r y n H' t' 0. cT < 3 �"� r y H z1 b b r"d. C b ro H 3 m z y rn ¢ PC o r m y y ay ? x x H H m m m r n< m a y H K z n r C p y ro p w m n o n ° y H C r cn m m z m n m 2 m z�o r x m y my Om ty Cro n w< m n m n --• y y ter. n.- b m � m m cn ro.3 ro :ro G [r�7 m ca m cn c7 z m �l w 'o 0 Z m 0'o ro O z Y' 0 3 0 C n m H n rt m o n m o ro n ^< m n O m O K z H m m y cn r z G2 ro xl : H z 0 y� r n- z H i t !�G n r: m r„ o r* y. m z z z y 7J 3� o m m ro r Y n? m ro r O n S o m n p H i x H H y y y y y m m ] G m q> m m H p m Z m H z C.m ro H q 3 y ry t-r w O n:R z a z..0 ro K C m m z m G z z d m m H m m r z m ro m m a m n� a a� m z r x z w y i n m Y m O h7 m z Gl ? y m o m m y a: m m m m m n7 m m m 0 O jy H C C ,h1 '*7 z '_] H m n o G) n z G n �1 H m C C 'I z z> C 3 z y m n m m m m< m C m x m w H m H ?o m T� c r y m .. r t �o z tl bb m z ro rt n z t m fa S y p 9' ? ro C ? r m m a a r O H y :y 3. 9' C O y> C. C > y q> y 3 ro r m m ro m m tJ rt m KS rt p m rt ro O zz C CCC t'' v m r t7+ [t" C ro m m m m m C tC'1.: m m. N� x.. N m :. z 13 t-I k z. 4 9' Y O [r7.. m C m.. H m y CA z 3 m m m G w m� :j d z (n m r m c rt m n m m z m m m H m m n r r 0 r LQ r t r x r m d ro r t P K C N N m n H x n n tz w °w i Q. K O R (h w (o (D n N C: a� N n �): J -j -j a J J a J J :1 a a J a n w WW WW W WWW WW WW IWWWW WW WW WW W -W WW WW W WWW WW W W WW WW W ::'� XX G (D rn '. z Id -i J to � ro r J r N N N N N N N N m N N N N N N N N -N N K) m N N N N N N N N N- N N- N K) N N N N N N N :N N - ro: o. o o 0 0 0 0. 0 0_ 0 0 0 0:: 0 0:: 0 :0 0 0- 0 0- 0 0 0 0. 0 0 0 0 -: o O:: o 0- 0 0 0 0:. o o 0 0 o o o ::0):::: : �o o o o 0 0 0 0 0 00 0 0 0.0 00 O o 00 0 -0 0 0 00 0 0 0 0 0 -0 0 0 0 0 00 0 o o- o o o 0 0 0 0 0 0 0 0 O -: O O O O'.- O O O O :0 0 O O 0 0 0: 0 0 0 0 0 O O 0: 0 0 0 O: O 0 0 O O 0 0 0 0 0 0 0 O O O. O O O O O O. 0 0 0 O O O O O.'. O O O O O O 0 0 0 O. O O 0 0 0 0 O O. O 'O O O.. 0 � � ID w � w 0 X 10 10 w w � 0 � Q m 0 w ID � � 10 � ID w � � 'D 0 � m � � � � ID 'O O O O 'O O O O 0..'O O. O O .O 0 O. O O O O. O 'O.' O O O O O O..0 0 "O O O O O O O O. O O O O . m O . In V1 Vt Vl lP iA. �P iP iP �. iP.. rP �. �P iP iP fP. lP �P_. .P J� rP �P. �P �P iA rP �P lP lP .P �h �P �P .P iP iP iA 04 (Y 0.:0 O O O. O %o l0 1w %D w fp m m m 07 m m m m m W J J J J J J J J J -.1 01 dl m m m m m pi O) rrrrrN.wr rrrrrrrr rr r�.(- +rrrrrNrr rr r r�rrrr rr rr rr rr ��,1Z: Wm (Mt 0000000000O000 000000- 0- 00000000000000 0 0 0 000000 -Hr :;r?:::: W y r r r r r r:rr r-�r r r r�r N r r- �rrr rr i-':rH r rr rr r-!r rr rr rrr rr r �: � N N N N N N N N N N N N N N N- N N N N N N N N N N N N : O 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 O 0 0 0 0 0 O O O O O O O O 0 O O O 0 O . . (F]S , O O O O O O O O O O O O O 0 O O O O O O O O O O O O O O O O O O O O U P l P 01 lP lr N In lP Ul Ill 0 lP lP N In Vl M Ul M VI- Ul Ul In In lP lP Vl In In Ul Ul U1 lP In Ul w C C C C C C C. C C: C C C C.. C C: C C C C. C C: C C C C C C: C :C. C C C C C :C C C C C C C C C. C C7'' m m'. m cn m 'm m co In (n m 'm m (n (n co Cl) m m U) m m 'm m m m m m '.m m m' m m m m (n U) m 0 t7 O. C7 C7 d p. d t7 d d C7 b t7 t7 t7 a7. t7 C7: t7 tJ C7 t1 t7 u C7 t 0 t7 pl u rl t-I d t7 u t7 0 t7 u 0 u t7 Z- O N J J l/l W O r W W �j O 0 W N r Ul N N O� l0 W r W W J 01 N F-' w w 'W J 'W �P m W N. 01 O O Ol Vl 10.. m a" l0 'J.. lA N. Vl J. m W: N A Ul J.'Ul lA... W :D N m'. 111 1D.. kP O.' W 'W O ln. m '.O' 0 O �P.. ll'I WW m.. Vl tw W O.r Vlm N N W. a O�lp O�.J Ul Vl U1..0 m O O �O rm 0 0...� mm W..r O O O m' J Vi N O. O O O N l0 'O. O) 'l0. N r �A 'O -. �O �. 111 O w m J N m. O 0. 0 a O 0 w N W W U O m J O A N m 0 0 0 r O O W m N O O N O N 0 0 0 o d n n n n n n n n n n n n n n n n n n w w w w w w w w w w w w w> y y y> y y y )l , 0 0 0 0 0 0 0 x x [7 y y R E C p O O O O H t] y 'l R RI N N G H H M C H 0 Z t" " > G w w y �. C- O O R Y' £ H O t" . m m: m t- m O O H O t, H 2::U (7 r+ , ,. . ri 7 H m m ,U - H H t m H 'a t w H O H H t7 u K K 2 Q x to 7. " " O x O 't7 ^n x X z) H m b b y' O O H x m O m r O z> > [_] ro tJ Z: [yam! 'U n m ;a t ". " m ^U m r-I z O m O£ n lG yy o .'U UI m t" n n m x m y�. rJ > to O ,u 0 r n m O" n H x m x y C z m m m m z O H l< O X ro '�] £ ? H ro+ n- w Z '*] " O "U 2 7J " m C O m w L] "�����cc! 8F :l U) t m K O K ro m zi �a H" t' H_ w " n C O 'U n ro C m w C r .'ti m H Z +-+.- X m m H z H 6: w et '*] t' Z,, H z CT7 m O I-' m C7 y� £ H " m m x. ro 7. xJ :{g m H -.. m x) i-+ z H m ;n O H x: O H r n m n. r m m m m r X m ro y. 0 m z m. " C t" H a t' t H. r-v r n y" y H H[[ m Z m z 0 t7 m 0 z :a m a w ro r m ;U m n ro ro C 1C K t lC 3 m 'b ro m N O 3 ;o n H p. ; H fan n..H 'T] 3 -.n m H H �. N Lzi x m r m O. O m H L"U " n ro Ri H L£+) n m H' Uzi (mn z w.> z x m n H m z m z m k r z o m ro z °z m m H z H a o r w x Y ro m o X m t7 m z z m j�$l wa n n C m H m 1>0 z H m U) z a Y Z ".:r r z n ro £ m x z m 1 y. m ro a+ ro y.>Z z m H w y z m m l7 y n " z r n. ro 3 r '*17, m b y 30 m m n�] w" K O m m m ro " " m 'T1 ro b ro m H 3C n [m m m r n" o m m z a7 z > ro 4 m H"> o m" m x v x yy q m z m rd m C H r x t o cn ro m N m m C H m t7 Z x O 3 n ro" x O r U m �+ Z t3 m C X m z m t 7 z z Z n H ;U r C C n H `tl m n n n Z m 11 z 0 m z° m n C H on Cl) ro H H H [H m ro m t") ro ro" ty ro IV " 3 m ca r7 " " K b m m " m r It m z m [) m m H :U C t": S " 0 13 " " " " z � t� m r, z Via! tz w °w i Q. K O R (h w (o (D n N C: a� N n J a a'J m Y r H r r r Y r H H r H H Y r -H r r Y Y H r Y r r Y O� at M M M- M H M k. .P lP tP 0 2 0 m Ul w m 0 w H 0 w.N Y O 1D. m J O\ M rP W.N Y.O �0.m J 01 M.�P W -N HO W m J m M iP WN Y O�D..m a. m M'.iP w r O G ID N ro J m N N N N N N N N N N N N N N N N N N -N N N N -N N :N' N N N N N.N N N . . N N N N - i: 0 n o o o o o 0 o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 o o 0 o oo 0 o o o o 0 0.0 0 0 00 0 0 00 0 -0 0 0 00 0 0 0 0 0.0 00 0 0 0 0 0 0 0 0 : -. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 O O O O 0 O 0 0 0 0 0'O O OO .N .N O O O O O O O O 0 O O 0.0 0 0 0 0 O 0 0 0 0.0 O O O O O 0 O 0 O 0 O O 0 0 O O ID 10 ID \D ID \D 10 ID ID ID �O � Uo w � � � l0 � 0 w %D D 0 o to kD w lD kD w � kD 0 �o w 00 : O.0 0 0 0 O 0 0 0'0 0 "O o'0 0 0 0'0 0 0 0.0 0.000 0 0 0 O 0 '0 :0 :0 Q:0 0 0'0_0 0 "0:O -O tT7.;- . . M M M M M M U1 M M M M M M M M M M M (n M M N V M M M M:M M M M M M M M w M Ln M . AP �P P P iP P P. ON w W w W -w W w... W w W N N N N N N N N N N Y r r H F' r f-' r r. r O. O O O :' �. m a m M �P W N Y O 'l0 m a m .M A W N Y o �D m J" m 'M' �P W.. N 0 ID ' m 'J. m '.M 1P w.. N r O t0 m J m r M M '.Y o o o o o 0. 0 0 o o -o -0 0 0 0 o 0 o o 0 0 0 o o o -o o o o o o o o -o 0 0 0 0 .(r .; w y F-� r Y Y r r :: r r- r r r :r r r r Y r r r F-1 r i� : r f+ H r r L-+ r r r r Y r r r F' GT N N N N N N N N N N N N N' N N N N N N N N N N . N N N N N N N N N N N N N N Fa j . . . . O O O O O O O 0 0 O O O O 0 0 0 0 O O O 0 0 O 0 0 0 o O O O O 0 O O O O O O O O O . 0 0 O O O O 0 O O Ln A O 0 O Ln O O . 0 0 0 M M M M M Ln M M Ln M M Lp M M M M. M MM M M M M (Tl M M M M M M -M Ln M M M M M M M M M C C C:C C C:C -C C:C C C C.0 C:C C C C: C C C C C C C a C C::C C C C C:G:C C...0 C C M M cn.M M cn rnm M :M m m tn.M M.M M m mM M u, to M.M M.m.M M m..tn m.M m m MM MmM m �m 'G X q t7 d d q l7 q d q._ l7 q t7 C7:- d q C7 q l7 C7: t7 t7 q t7 q. d t7 t7 t7 l7 q d q d C7 t7 q: t7 q : t7 O r �P iP H Y J N ID N' r N Y M 01 p lP r �O 01 N Ln - N Y a mlt� m Y N O m a r N W Y N Ut O N W O m a N �D N 01 W rP O N' r O �P M 0 kD. m mil. W M N J:. rP a\ iP: N -V] O lO L0 Y �P N : W m.. W iP O N: N W :O �0 N 41 ... M M O. O �D M J. r O O W.. m �P.. r m'.' O �D M ID.. l0 O W. N ai.. �O M J m. W 'N' W M..O O' O O.. r W" N a. O M. M ..... ' O' 0 O O Y. O O O 01. 0 J O\ O DD iP.. O O M O N J 10 P 11) O O O a O O 0 O D P O J O 0 O O O r O 1p �o 0 .0 m N l0 O 0 N O O O OHO w NO 0 x x x x x Ga Ga Ga G G] 'd •n 7 *7 M n] M M M M M C7 0 -S � 0 0 0 r Ll M YC O O H M N M M r 0 M 0 0 0 O 0 M M M O o r r r r r' H. M M M .y 3 3 r m cn O M. M V 0 M M H m q U] M t7 i 3 r N M xl �"- O M r r r f'• H [*] x7 - O O O O 9' x ;d 't1 'U M H b7 b fi ,n ,b ,b ,R7 M C C > o x �7 n [s] x [�f tT] x. r 'T7 : C Y' '�] 0 C) a to �+ to M :t7 �7 :v xi M m : Ga G1 n7 2' r ,'c7 H m H H O Ul x x Y' z z r-i. M z H M Ri (D Z 0 M CIS H H H H x L" C C n O 0 C*i H: z Jy C q. ro? z. KD n 0 R, z: z a H H- l7 q t7 :t7 m M M ':7 HC M : z M M R� H y M C r M M.. M w C O K w hd �[--++ SU z O O r M z' 7 y 3 y n H E M Jy �-+. 'may ro x7 n - H Y' N M G] o tT r 'C K b z z U) O M n H O ro E cn M M (fl W' [H[� M S M mmQ n Gc o ' l txx��7 m H. z U) : M M �xr�x]] Yy7' >y "G m zH cyyn Gppa �u�x7 nnQ C 13 IxHO xa z r�1 {M-� H >�y : z +'+ z O > ? 7 Y O O H H K M H n H x C xd 'U w H M> X C H H PO 9 U M R, H n O H H m z x. n M td H �1 ��"" xl ro zz M: x ro O M �7 ;U M H M M H H t7: M 'I z O 1*7 M O M x M y ,'U O> O. C M H r C z H 7. z xd ,d Kc n m H w t, H M co ;U M n r z C ZZ r n O .ro C 'T] x7 i-+ m 'i7 x x H H m£ 17 ' 1 H n- Y' M ,o � y� H m w� O x ro H -z :M ro H:C M: t7 M r M M C M nH M:M H o xl C [r''' yy T�: >1 n M z ro O: C M ?+ M ro W n �d R+ H 9' n n H r. M C ,'U. r n W M M z z z r M H r 3 U) x 0 M q. Y 7C H O y. H n M M M �7 'U C: r'C (n M H H S' 2� :7. m H n H 7u n 10 M M o m z iD W :: G2 t7 M r [M*� H Z C C 33 M Ui o r m H: w MM�ronro�roz Y 3 M n C M z H > x m r r r d r ro x O H z 3 M ro b r r m n M M: H: H -:z n M -r PO xd xl C:z C M H. ro 4 t, > H ? O ;U r.0 O !•] m M y ro C n ;u z '*] M y o M M. r 77 Y� F-I M M 0 H y U1 ro z C 'C H r r Co H K] d: 0 z z q H y 0 ro� M M n M a M ;U x cn z > xl C > n z H H M b n7 . r "U H M x� M H 3 'i7 M H M H n M. x n C) 't1 : r M H H ro M y. M > O r r M z H. ro cn to 17 n O r trJ > cn n M x M H y cn ro z '� - O M n n z qj O o o r: C C M M .'U H r. r 7. r x n r 3 z IJ r ,� . CZ ,� tM" g e e r r r 5 m a ca y y m ro C 9 b n7 0 Ga 3 ro O U M M b n ro ro M r o r ro r^ > o k r ro a r M c r r r M r M m n m r n m r M M m x M : M...0 '':] t'TJ�.. :z L-' [iJ : C tny,: r r o 0i �n C a?9 w (D (D n W 3 C n J J J J J' J j -3 li .. J J J J. J J J J. J J J J: J H N..M w w w ;i'. N n n n x x A g l p .P w W LO W w w w- W -w w W w w w w w w w w. w w: w w. W W. w w w w W w w w. w. w: W 0 0 0 0 0 0 0 0 10 0 \D SO w W 1D 'D m: m m: m m m m m m m J J -d J J J J J J J Q) 0) 0\ 01 m J 01 m W N Y. O 14. m J T �p W -. N -H O lO . m J Ol tTl rP W N N O Q m J D\ In rP W N Y O �D m J m N.�P. G N to n O ?: > o m ro J W O> ro -N N N N N N N N N.' N ti N Nj N N. N N N N N N N N: N N N N N N N :N'.'N N N N N N N N N N N N N M:: N 0 O O 0' O 'O. 0 0.. O O.' O '0'.' O 0.. O 0' O O'.' O 'O.' O O 0 0.. O 0'.'.0 O: O 0'.'0 O. O 0 O '0. O O O 0' O O. O pl':; lD 0 -0 0 0 0 0 0 0 0 0 0 O o o o o 0 0 o O 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0. 0 0 0 0 0 0: 0 0 0 0 0 0. 0 o...o 0 0 0:.0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o o: 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 o: 0 0 0 0 0 10 �O Q W W ID ID J W.. Q W.. \D �O W . 1D W J W . W 0 W ID �D tO Q �O lD 0 tD tD VO FC Q Q . tD W �O W- \O �D J o 0 0 o o:0 0. o 0...O o: O ©: o 0. o :0- o o. 0 0 0 0:0 :0: 0 0.:0 o. 0 0:0 0_ 0 0 0 0: 0 0 0 :0 o n_0 to to to m m..- m tn . to cn: m to -: m Ln to tn: to cn: to m...to m... m m to tn: to to to cn. u, vi to to to Cn ui Ln to to to to to to Q m m CO m m m CO H m �.]- J J. J J' J J J 0\ H. 0\ -9D In In In In W. In 0O W:� M -,J M M W M M W '. N N' O lD ' m J' D\ m A W ' N N.' O �0 m 'J' � Ut � W N H O �0.. m ' J.' 0\ U7 � W.'. N 'H.' O �D. m J'. Q\ W.. N H 0 m rT H H'. H H H N Y. H H H H r -HH H H H H H ;:yj ? 10 0 0 0 0 0 0 -o o o o 0 o: o oo 0 o o o 0 o 0 o 0 0 o o 0 o o o o o 0 0.0 oo no :Rr.:::i w y N N N N: N N' N N N N: N N N N' N N N N N N: N N- N 0 N 0 0 N N N N -N : N N: N N N: N 0 o: o o 0 0 0 0 o o:.. 0 0: 0 -0 0 o o :o o o: 0 0: 0 0 0 0. 0 0. 0 0. 0 0:0 0 0 0 0 0: 0 0 0 0 0 0 0 0 oo Oo 0 0 :o 0 :.O 0 0 o :oo - oo :O 0 0 0 0 0 -o O 0 0 0 :0 o..O o oO :o 0 oo 'o o V1U1 Vl lTl lTl In Ui Ul N.. N lJl In cn Ut (n.. Ul t31 Vl tf) In (71 N W lP Vt' V'1 V1 In U7 Ul U1U1 �.. U1 lJl Ut V1 V1 UI Ut 111..N lJl Vt ... :: � C G C C C C C C C C C G G: -.0 C C C C C:G G G C::G G a C G:C C C C C G G C:G C m d d C7 tl t7 t7 d d C7 t7 t7 t7 t7 C7 17 t7 t7 t7 t7 u rl t7 0 u d. d b u u 0 tJ 0 :t7 G 0 d J O O T 01 iP lNll N N Y N N �P N Y l0 W lTt m J O �D H J iP 0\ N cn H (p lD w W w J ,.1 J N Vl m m W O H w J N w m 4 W J 0\ m'. 44 0: \O O lO H w kD J O.'. N W O 4 m 'D.. J 0.'.' H J w .P.. m N- �P O'. w m 0 m Ul W W tn'. � U9 J O.. Y H 'N :. W m J 0.... m J'. U1 m.' N Ol :. �P .. lTl 01. m J W IP O N.: W ID: m 44 IO In �P N'. 01 rR --] J O 41 01 lD WO 0 \O O O O O N J l0 J 1D m'0 lO O O J 0 J O O H 0 W O O O m O J m O O O n H 0 O N t O m O w: J O 40x x y ro ro b y ro ro ro ro t7 t7 y M d n n x o tl z r z k tm^ ro z n H r r r m t, L, r r r z z:.x w th o[ m n n ro n r r H m m z m m r x n:Z H ro x m x o m o �i m m n m m m m m m m o o x m 0 0 m z° 0 m m o o n ;no n z m r z m m w. to -3 H m r z m m k r 0 > m x H> x 0 [ XD O z z rn ' 1 0 tJ m m. z z b� 2 b' n H ro ti ro m d > >� n o M r W r m n a m o t7 z G z n m r H r z 0 t7 �i x m 9 m ro r H x H o H P K tJ H 14 m m x o H z m m m z M H m m C r H x n m ro d M (n mm xJ �-+ C m C O O: R+ O: �< n Sa H£ IV C H z m. 3 � r z: n H m H b: m Y ro z z* z ay m G) m C H m t7 m m n 47 x ro z m y y z zO z m z > m x H m m m p y H� L n G O m O H m H O zH K ' b o £ m n lG H 't C m O CQ O m 't t» S' C m: :M m �.. 0 nb 'd 7. m m b 0 x H > O zU' H� n: x O H d 7. z: 7. n tmn r r t�1i] :.�y tCi] zmz r f�/] Cr�J Z H H :.x [p d �' �' :m z 0 r w O K' m.0 x b n H:H M H m:ro H tq :z r'D zn�i]zro�� r m to m ni � �y m t m oro y m m o o r m ro r o m ro m� E z ro m r robt.,0V) mroro ccnm mz ro rorororrox U) r HO r n a v r m r r r r ro > m w z m r r m m z o M y ro ro o r m m m x ro z K m m r co m m r m m H m n r n d m ro �Z r r x M m m m M r m m m r x m H m m z r m o K m m a r K n x z n r n z m m O[ m> x m o > r H y r o r o y r ro ro x dC H m H r to r 3 v r C r m m x m r m Hy m m r r m m O3 C r r r N b K O R tT tQ fD (D ri � p . r r r r r N. r r r r r H H r r r r r r r - r r-+ r �.+ r r r r w w w:w w w w.w w. w w w w. w A, . w w w V1 Vl w w w w w w w w w W. w W.. W w 4� W w' W W w N N N. N N N N N N N 0 O .rS`.: '� X r.0 �0 N J 0.171 w W..N r O �O O] U7..w w w101 r O l9 OJ a 01 Ulw W N r...0 l0 m J.O� 111.w WN r..0 10.N G �p b m � n iA iM C� »I r N- N N N N N. N N N N N . .N -NN N N N.N N o -N 0 0 o o O a 0 0 0 0 0 0 0 o 0_0 0-0 0 0 0 o o:.o o:o o o 0 0 0 00 0 0 00 00 0 0 00 0'0 0 0 0 0 00 0 0 00 0 -o p o o'0 0 00 0 0.0 0 0 0 ono: 0 0 00 0 0 00 00 0 0 0:0 00 0 0 00 0 0 0 00 0 00 0 0 0 0 0 0:0 0 0:0 0 0 0 000 0 0 0 0 0:0 0 0 0 0 0 0 0 0 0.0 0.0 0 0 0. o o0 0 0 00 0 0 0 0 00 0.0 0 0 0 o l0 �D �D- �D �D lD �. l0 ID 10 ID ID ID �D l0 10- \0 l0- Q 1D �O ID w Q ID w Q 'D Q 0 Q � �. lD 0. 0 0. 10 0 0 0 O'.' o o. 0 0:. 0 0 0 0 0 0 0. 0 'O.'. o O'. 0 0 0 '0 0 :0 o 0 O O.0 0 o o: o O 0 O'.' O -m -.m om 00 Ol.. m m m m m m m a) 0) m m m m m -m m m m m m m m m 01..01 m m m m m m 01 m m m Vl V� m N..0 N N w w N r. O 10 OJ J m m w w'. N r O 'l0. m a' m U1. w w. N 'r. ' 0 w m 'a'. m Vt'. w w. N N N r r r r r r r r r H r r r r r r r r r Ln O O O O 0 0 0 O O O 0 0 0 0 O O 0 0 0 O O 0 0. O O O O-0 O O O O O O O O O 0 0 0 O O O O N N N N N N N N N N N N N N N N N N 0 N N N N N N N N N N N N N N N N N N N N N N N N 0 0 :o 0 0 0 0:- 0 0 0 0 0 0 0. o :o 0 0. 0 0. 0 0 0 0 0 0. 0 0 :0 0 0 0 0 :0 0 0_ 0 0 0 0 0 0 0 O O .O O O O O. O O. O O O O. O O O .O . O O O O 0 O. 0 0 O O. O O O 'O O O .O O-0 O. O O O m m (p C C C: C C. C C. C C -:C C C ci c c C C C C: C c: a Cl. . C C. C C C C C :C C. G :C C C C C C C. C C a) .0 C m m m m w m m m m m m w m w w m m m co m uj m m m m m rn m m m m cn m m m m m m� w b n.:' p.. tj N w m J m r w w w. lD W O r N w UI J W. N r m w O N w J W J O 0\ . r N r F� w w' .. W m w W O m O:. N OJ �D N m �D J O.: W rP ' 0 m w w m -j7 o w. o :0) W IN : a N. w W. Q W OE OI N r w O Ln H N 0 0 111 w w' r m'.' J lD r w O O lD m'. w 'U1 In Vt N 'V1. tp r- W m.. w J N N O J. m N.' 00 N O lJ� N O Vt 1p O. r O w W. O W m w O N. w m w O O J O O In 111 -. r O w w- O O O m O N m W O D W O W J m m 0 0 m w m 0 0 0 J O m cn m 0 m co m m m m m m n co to m rn m v zpo ao PO a7 :n 0 00 0 ro ro ro ro ro ro ro It ro ro ro o o z z c c H H ro ro ro O z w x m m m n n -.O O O 5: m m. c c K ;o xi �y 3 r r m. m m c Kl O O zJ G] m £ z n O �-+ L] W to C >< p y� a O O T� �-+ H H 'o '1 x H b £ LmT1 : r: z x7 r m H n �o po m y r r z z p x r n z .7 UD H O H H £ �7 n O H z n o �o �a 1 r K C�7 w .a O LT S W L7 y tr n y r n N Ry H H K 'L p H. K z H H K.� z m z n m ro H -xx k mr r n n r� K :p 7.i m m Hz m - O Q '_] n w co z n] ;d n H '�] r> h1 w O n m n r a cn VJ x r m z H Q H£ m O m r a H x7 C z m K m 3 m 0:. p r H O? K z ro C. n m y rzxn���nrza��o rt C'ni��rofi�nBC�: v r a r ro r r m v r c m m m K r m 'a r 0 o m o z r H co m> (0 r H n roc p o z o m ro 3 ro n K n o r m n x a z m n C m n z m> 0 H 10 o m r H H H ro £ r m r H m 0 o x x tad ro ro n p w K o n w z z r m C m t-* z H z z 0 m 3 O p m y O m �1 [. to :. p z m H... ro r w to z .. to 0 m ro p : z n: r, H H 3 n1 r C C H n -: m m K H z m- H z:� y H: Cf �' O z> m ri u7 y H m H m O p r� ty z y H m xc O z z -. r t7 '*7 z '�7 co U) ^L cn v � n H C7 : Gl L�Ly7y r r l7 m roo+ x cn cn 3 xy O O cn p H O- ro m r r n n w w C x7 m 3 3 ro z r m m H 1 m `V. N y Ul ro O r C U) 7 o m z 0 `x7 C �d 0 n m z uD ro H r ;U 47 (D H n m m H r m H C V m ro n r n r Z O z Yz [ O O r r z O C p um t� tm h7 H s n z O tm x ro �O�y ro '•J z n 'i] r H 13 z n m Cn H K m n m '-+ H � n y� y H m m !+7 R+ "I t7' '*J H 'T7 - n] r - > n 14 m : r X m : cn W > > z H m ?a m H . �: r 13 H . '"' O r z ' xf zz o co n c" K � � sI`z .»7 � r u' [0 b [=] btl ^ b IV r H Y H O O. H YmC c O m mn ro c ro x x x m r n r m m m y. coin r CO m U) m m...� �.. z IV �.. z m r C tm" . z [m" r t C °' r r r F� ILI n x r a ro K N c 3 g4 2 m D n n J- J J J J J J N m m ID w m'N 'r, l0 l0 �O \O H l0 I D m -4 m m m m m m m J J J J J J J J J J 01 m m m m m m m 01 m U1 In Uf .� U1 In U1 U1 U7 m W N N O l0 m J D\ U1 m W N H O 1p m J 41 Ul m W N H O �D.. N n Ul Q: O O Y o ro J W o 10 ID 10 N -N N N N N N N NN N N NN NN N N N N NN N N N N NN N N NN N N N N N N NN N N -N N O'. 0 0 0 0 0 O. O O O O'.'. O 'O.'. O O.' O 0'.' O '0 O O' 0 0 0 0 0 O'. O o o o 0 0 0 0 o o 0 0 0 0- 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0 o© o D- 0 0 0 0 0 0 0 0 0 o- O �O 0 0 0 0 0 0 0. o o.:0 0 0 0. 0 0. 0 0 0 0. 0 0 0 0 0 0:. 0 0. 0 0 o 0 0 0 0.- 0 0 0 0 0 O O O' O 0'.. 0 0 0 O.'' 0 0 0 0 0 0 0 O.'.' O O 0 0 0 0 0 0 0 0 O D 0 0 0 O 0 0 0 '0 0 O.'.' O �D 10 l0 10 l0 m � m kO � m kO kD m 0 l0 10 10 l0 � � � D � 10 � 10 � O.'. 0 0 0 D O O. 0 0. 0 O O 0.' O 'O. O O O D. O 'O.' O 'O 0 0.. O O.'.0 O.' 0 0 0 O.' O 'O '.0 0 0 0 0 0 O '0'' O :i"K:: m a> Ol Ol D\ m m m m m O� m m Ol. m m m T'. 4\ m m m m m m m m m m m m m m 01 T Ol 0 0 01 01 0�. 0 W m m J J J J J J. J J J J O\ a\ Q\ 01 01 0j Q\ 01 01 D7 Ul Ut: 41 N UI Ut Ut U1 m m m �A m A m rP m W w H 'n N..N O �O m J a,. In m' W N H O'. w m J 'm Ut IN W to 0 10 m..J m U'1 A. W N H O '0 t3, 0 0 0 0 0 0 0 0 00 0 0 Do oo oo o0 0 0 0 0 0 0 00 o o o o 0 o no 0 0 0 0 0 o o o H N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0. 0 0 0 0 0 0'0 0'.O 0..0 O 0 0 O 0 0 0..0 0 0 0 0 00 Q, O' 0 0 0 0 0 0. 0 O. O .O . O O' O .O O .O ' O O' O' O. O' O O O O O .. 0 0.' O O. O 0. 0 0 0 0 O D' 0 0' O 0 fU (P M U1 Ut m U1 UI m m Ul m m Ul m Ll Ul U1 (Il U7 V1 Ul VI Ul U7 Ut Ul U7.. U7 L, m UI w L, m Ln m lJl Ul U1 m 0 m Ul Ui m C: C C.:C C C C -: C C:.0 C C C:C C: C C C C.:C C C CC C C C C :C C C C Ccn m n m m m o to cn m rn m m n ve m m to m m vi n m m m m m m n m ury m o m n n n n m m cn n d a d a a d p. -a as d a d ::a p.:17 a s der qap p qp t7.t7 d a p -a d -a:d a t7 -a pa p a perry: X N m J m W F'. W.. m H m 0 V7 01 m m m J W H Qt W T W J J... m. N N N J m m U7 . H O 10 ID N W H N m mN W J. m W. J W m N. O N m N.. m 01. W m. m N. m co 0l Ul. N .ln H 01 T O .O ' m J. W U1 . O> -j w N m 0 O Ul m m m H 01.. m w N w W m m w O W N J m H. N O W.. UI m J N O O O w N m lO O O ' 0 0 0 0 0 0 m m m . Uj m . . W m O WJ ' O O O N .'. m NO lD J A �O O %O VI Vt W Vt O 10 J w. H H3 y 4 3C E E . C C H H H ro H: H H: H H H H. m (A w G 0 C n H m m m.o m cn M m m n H �Z x.z x x m >.> E m o o n m 13 3 x m z Ly'+' DC� n x r�1 H z C M H z x z G m o. Z z n z o C U) : C C vni H a chi �-+ y o[ 7 Ci7 C tt" t7l Z x �n co N a n m g n o cn as > n :M m o n o m m m o x n m o z o 0 0 0 m. :oroa H> ;nxoncn.nmpq;�umo[ x�a�a�za�x� >�� Cf) y G C [,n tn..� :z H �' z nm O ?•m m uKib7 O 3 can Z....Z g y ro O H_O z ms m cn ro m H H H k' m ro m K: x7 x7 M 4 H O C ri H z H m m H xl m m- ro M: z z m C rt L� m m C m z K m n M M ,K'7 Y Ll m H m (n . n] Y' z m Y' cn "HG Y z O m 7j .o > P7 xf x7 H m G7. z z t7 G�:: x7 U) b �-+ x7 H C 7� p .... C n ro H n C [�] E H m H w :: � z R� � O H> M xC:. � z lw N0 a _M H r� H z O n x cn M to n. G to . C G m m ;U cn m m �+ y Y !9 O roC > vm H [mn b.: tp �y [n ro m H z C Y T n n C xl cn cn :O : z z: V H ro M �+ z t7 m M o n z m n 3 M H m z t' m u m o v ro z> co z z d m p m b z C> m n m z 0 H n z M �J n7 x C a H b z C�7 E pl zy cn rctn UCH �H+ ro Gl [: txro� �rl 0 C4 z n yz M. f13 z �y ,-+ roy n z �y C H C U3 H �? H: U5 F: PJ K7 H trf t" C: 07 n H C t H m C- ,R7 CH m Hz O H H N n O C z [-� m n F^ [[['��� C z '�7n K cnt7 r.z (a O 3 a n m H cn : n z. H y K: ;v H O z '�] z ..d 'o q ?l m b q m. n C. . � z �-+ . n 47 - 3 w M m. m tJ C m 3 H y L] ro Z N L� cn 7. m. [n ? yy m m C q: cn n G m ro n ;v ro H ro C H 'n O C H a p m r p ro m C 3. m m. 'n. A "n �'ro C C H y 3 C:ro m Y' 3 C ro b '_]:en n C 'nC vfl H M 0 �Z C H m 0 O C a' " '�] Z K t�7 Y' D) x z xd 'I C T m x �d C x O C p ro x *] um zz.. rO 'i7 n Cy C m x a". > H m "I z ro x1 .s� '*] y' �1 K ?r O � q C. Y' o H a n n K o ro ro z m P o r r ro r xm C ro � C C z C z Q m m n ens rn a w'' z o::> n J a s .1 J 1J a J J J J J J r r N Y Y r r r i w w w ww w w w w w w w w fL ; n X m m m in 4n to to m m 1» to :111 4n to to 4n to 4n 4n ur m m to U, to m to in in m : m to m :vl 4n in:: vl m to a a >: x- W W W W W W 1:1 W W w N N N N N N N N Q m Y lk r r r r. r Y r H r 0 0 0 O O O O O O O�� tp ; x 10 M 'J M M A W N r O W W J N iA W N r O S0. w J 01 lr W N M In W N Y O '1D (P J 01 :.:. C n m �; n tC O > N N IV N N N N N N N N N N N N N N N N N N N N N N N N N N N N N tQ m O' O O'.' O O O -O. O O.'.' 0 O O O.'.0 '0. O O O O O 'O.' O 'O -. O O O O O 'O' O 0 O 'O O o o b 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o b o 0 0 0 0 o 0 0 o O: 0 0: 0 0 0 0. 0 0. 0 0 0 0 0 0 0 0 0 0::0 0: O b 0 0 o 0 0 0 o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 6 0 0 0 1J D Q 0 0. 0 0 0 .. . o o o O �J 0 0 4JD w w lJ D w '0 w w Q 0 I 10 10 w X 0 0 0 0 Q 0 0 0 V:X,% 1J 0 lJ D IJ D 'Q lJ 0 J 0 0 J O O 0 0 0 0.O 0 O O 0 0 0 O O o O 0 O O O O 0 0 O 0 O O • 010 1 J ..w J J 0 a. . .. O O O J J J J J J J J J J J J J J Ol 4\ 01 OO Om 010 1 . . 1 m 0\ m m m mO 001 N H H W.. OJ LU m pD O� DJ m M m r n7 M J 0) 411. A W N r O OJ J' 0� In W.' N r O 40 tb V tJt. rP N r O..' M J N r..' N r N r '.r. 'r r :!}�: M V-' Y r H Y r r r Y r r r r r r r F' Y P r Y F' r r r Y r Y N r N r Y r N r N r N r N r N r QI Ct VI r-'r -r o o ID N r r r i-?r r Y r Nr rYY r Nr YY rr rr Hrr Y r:r i- �:r-�� r rr N r rY rr :> � N N N N N N N N N N N N N N N N to N N N N N N N N N N N 0 N N' N N N N N N N N N N N O'0 O' 0 0 0 0. O 00 0 0 0 0 O. O :O O b:0 0 0 0 0 0.- O 0:.0 0:0 0 0 0 0 : O 0. O O' O 0. O 0 0 O.. O O'. O O O O.' O O' O 0 0 :p'r:: a O O O 0.. O O.' O b O O'.' O O O O O O.'. O O'. O O O O. O O O 'O' O 'O. O O O D O O In N Ul (P In lP lPllt U1V1 N In In -l11 (Il'lJl lP 111 111 111 V1U1 Ul lP lP llf Ul lP /P - -VI VIVI Ul In llt (P N'lll UI In In lJl In lfl ':��' U7 C C C: C C C C C C .0 G C C. C .0 C C C a C .0 C C C C. C :C C C C C: C C C C C C C C .0 . .0 .0 G. C U) m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m n m m m m m m m m m cn::: a d t7 a a d a d CSC: p t7 a d a a a C7 a C7 a s a C7 a t7 C7 t7 a a a 0 a d C7 m a C7 a d a d a d a t l ti x N Y O1 W W iA 01 W r b Y fT N �P r IP lJt Y r N N W r W O) r fT1 w N 117 Y m tD OJ W 'O . 111 W. w O m W m W. r J W m lD W J. W J. N r. m In W.. 10 W.. �P m m �:: 'm N '.O O 1D 'P In lD 411.. N �... .•. lD O O O J 01 W.'. lP 4D O 0 N O& O 0'. r O O r 0\ 4 T O JO�P O1 4P1D 0O O P 0O D J llV m 1D O w a l0 O Ol 000z -. M N > - O M x z C n 0 g CC O CYl r£i CCn M. O O H w 0O. mOq tM' £ n> �7... K 0Oz w 00" C M @ :: 3. �Cr r R+ t~ 3 O C H. x7 r-i..3 K JY M H O 3 z H z O ro M 3 n m [mT7 x7 Z [xl]. y n.. U) m m (� O r A7 3 r Ci :V > m K tv 0 m r x x K S m x m O n x M n b H x M H y C m ;A C n C L] m xl.H z.M �7 O O IW O. z a 3 E a H n m O z H n O r H r ,'y - «-3 z C t7 x O ar M m ro m n i0 y O .� z d d O. M m m C : n C. z H y O z. n ro. n K> z ;v Z x y x1.. z x O H z m a 3 :U M y O Fl n E m �-+ . r m �7 a r 4] C W? ro O > cn . O x C Y' cn m£ m n 13 H r :M -�d z n r :�-+ z O O C Y� t17 C [n M .0 C A z H 10 E z n C: H M L1]: m o m n �' r 9 W d o C O m ,a C O iO z C �7 > r a G O r 0 '_] O O H 111 z m G H m tl C x X r m..0 M.. m r z a h'1 0 m x z M M t7' " m K H x z ,a ?� C: M r M n z m C M H K z iJ .K 13 x1 H m? M K n m T M M m H H m r. m 0 z 4J 3 m m H ['' ro m M n K O b> K. M C m Z z m ro > H ro T w x m r M r , p, n m m H m n O> m y x r C N m n O 3 M b m C tl) z m ;U b7 C 7z, '7. .'a C m H. x z 0 r H z 3 ro -M M '� 3 E mr m ?� z z rrz m m C17 tro' ?�r m r H r C a m xl 'c1 On r m ,M L] R7 w �' G z.� n ro p z�: Km b: - -zz H �UOi U w C C n m CCyy7 zz ymy yy 3 y .� n Cz] �:y m [317 a'M pi o t z f/..0 �.ro R.3 nx, m m z ro A �...� ..z tM" C.00 3 r m ro n C x ro m to C a b H x7 T] M 3 m H n G] z M m H m z z r m m r n t, m C m H z x V z n m m n m m. y.+ m.. K S' O- H z m M O m -'?�} ar y M z �' �' z K m z C 0 x ro 4 3 m z H C x 7 3 7 > z @ ro G] n cn H O 'iC m x O H ro H a n r o o 0 C ti M t, O t [I] ]r t-'... Z U) 17' hi 3 n ®7 t7' 14 gg C n t-4 r '1.. ro r � r r 4 os av> z a E 1.4 `C O v 9� D Fi a � n n v w m � n m c n dk J J J M r •r r r r H r M.r r r r r r r M r r r Nr M r M r rr r M M..r Mr r r N. r Mr !-� M r.. (p n o n '.Ul Alt 0 N In In m lJl Ln In In N m m U1.. In In It X X ' lf1 An_. w m In Alt lr Ut w In lrt Alt lft Ln m m In w All m N m m lrl In lP In Ln Ln m m m . m J J J J J J J J J J 01 01 01 m 01 m 0l 0) 0\ m Ln m In In AP lP m... 111 Ul Alt P. AP 1p .Jl 1. as 'p . iA W N r O l0 m J 0\ Lrl rP W N H O 10 m J 01 In 4 W N r O D. m J 01 In 4 W. N r '. 0 l0 m J Ol Ut .p W I.x I {i. 9 m z N N N N N N N N :N. N N N N N N N N N N N N N N N N N N N N N N N N N m N N N N N N N N :O 'O 0 0 O:'O O O 0 O'.'0 O.O O O 0 O O'O -O 0 0 0 0 0 :D .O 0 0 :OO Q:O 0 0 0.0 0 0 00 pl> AD 00 0 0 00 0 0 0 0 00 00 00 000 0 0 0 00 0 00 0 00 0 0 0 Ono 0 0 00 0 0 0'0 0 -:0 0 0 0:0 0: -0 0 0 0:0 00 0.0 0:0 0 0 0 0 0 -:0 0 0 0 0 0:0 0.0 0 0 0 0 O.O O O O O 0Q O.0 O O O.O O.O O O O.O 0.0.'0 O 0 0 0 0 0 0.0 O O O O 0.0 00 O 0'O. -O lD lD l0 1D �O AO i0 LD t0 AO 40 t0 1D 1D lD \0 � � 40 1D � AO � � lfl lD lD AO LD AO l0 l0 l0 1D � LD LD lD LD 1p 10. � O_ 0 0 0 0... 0 0' 0 O::' 0 0' 0 p. 0 O.':' 0 O. O O O 0.':O O O O O 0_ O '0 . 0 :0: 0 O':' 0 a:. o Q. O O. O :O O 0. ,'7::' J J J J J. J J J J J.- A. m� .. � m m m m 01 Ut. IP U m lJt lP W 111 . w w iP J Q m Ol w m w w 1 �o W W W W W W W W W w 'N N- ' O l0. m < m m H k) 0 00 w N3 J 4\ In � W N r 0 10 m J- dl ln'.. A W N r O to m J. 0 ln.. �. W N N O l0 m '.J Ot l/l A W N r O 1D. m 0 r r 1-�.r N r M r Mr r r w!r.N. r r r N. r rr rr N r Nr.N. r rr rr Nr N rt r rr N. rrr Art � o0 00 00 0- o o0 0 0 0 -0 D 0 0 o a o oo 0 0 00 00 0o Do oo o0 0 0 0 o 0 o D o rnr;:c w y N N N N N N N N N N N N N N N N N N N N N... N N N N N N N N N o: o o o 0 0 0: o o. o 0 0 0. 0 0:0 0 0 0.0 0.0 0 o 0 0 :o 0 0.0 o 0 0 0 :0 0 0:0 0 0 0 0 0.:0 rrs O Ltl m O. O O O 0.. 0 Q. O D O O O 0 ". O O. Q O' a O. O O. O' p' O O O .'O O Ul M O. O Q' O O.. Ut.. In Ut lP lP In Ut llt Ut In Ul lJt In lTt m In U1 lP Vt N lh llt U'1 llt Vl In In 111 Ut N Ul lP Gr In U7 Vl Ui In lft p, C C C C C C .0 C C C. C C. C C C C C C C .0 C C C C C C C C C. C :C C a c: C C C C C C w .0 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m o d a a a a a n> X a o a a a a a a d a a a a a o a e a a a a a d a d a a a a a a t a a a a a w' r 1 1 0, N r APO r N r_ -J W \0 W N N AP Ut NJ M N N dl r 10N N N W r N An wHr -W J N O W iP m... (ft N m lP m m :- -P O:' w' W W W:: W W T: N iP M iP 1D:: r m J H r lli r J �P �P: r w Q O _D\. m D. O N M W. J m'.O O r LD... l0 J.. 1D b In m.'. m 1P.. O -O. J J N Ul. O W lfl Ol. 1D O 10 O O J O.. N 11l 0 0 W O. r Ul. O lP r Ol m 0 O w O IP r- O O W O J O A 4 O In 1D O O O- W O O O N J O m r m m m 0 m O 1J N O O ro r 3 n m o "o> n x x[ m x x ro a m G� ro ro ro m a as x a 4 z c� m 4 ro G H> C [+7 x C ;u C xl ro. m m C o o r b ., r o t>7 x7 n O ro[ H H roy [d t' 1 2: O R7 C: [�+J r C ro z m t7 C O H m x7 H x 1-C O z z1 C N b7 C) z y m U x E v C n M z ?i z m n z zY �a H O H 7J d O > M y m b C<7 K m z O N Y n t7 z C [17 �C tTH1 H t1] [l7 w r a> r z M C z y n z H z ro H m y r Z7 [�7 a rz [�] n m m d tad E CT�7 O H Cd �a H A%] t17 H C [�] O� x Cx+7 O M ;0 [�] H [�*] > CO] a H C x x... m 'd H C x 3 K m td 7 n r C z n x7 W H n z 7 H [] -? t, o r a G] ,77 y ro 7J m> H .K1 r z o n In x r C PO H H: '� Esi ty" m M H H C ts] n ?� H 'd.. m ry m G) m m n ,ro :3 H 0 O �-+ t1i n: ;v 0.. O£ z G1 CTi z OY y ii FW 3 cz] z tyn C z n H tx17 [y[q"� z Y Y� H m> O m y n z>> W ro. z K ro z. N b P•. C z K. z n z Y r n o x Y Y PJ z z z o �1 ro [_] o f-+ - z r o. H z r z: 0 r W- O z H: t7 �M ;d z a 2 r �C n N C7 1' 9' r �C m x z r �' t-3 C a Z �' ro LT7 y y C+] IV ly m y' r I Y : X2 d m O xa z K ro �7 m ro m ro m w O .d 3 H CTy O m77 H y (fin' H ttc4f M Chd m p NN m Or m ]] myy U^CI�❑hy S z : �C r1 �+ m rCC,C m8 r O m m td td z r o ^q n C r H z z :ro r y mz x r.M O n7 H y ro : r'zm �TCm rrtA,y ro 7 T [] H m O ] z Y H P7 n7 y � n z r m 7y rj m n 7 y r zz d 7 n ro t o°x ql n r ro x n r y a »: :e v w m � n m c n Alo oi �? R, LO m n n W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W w W W W W W W a\ al m Oj m T. p. Ot O\. ' M Vo lD to Vo VI to VI XD 'M 0 0 N N N N N N N N r r M M W M M M H H 0 0 0 O O.O O O O O Q M ..M p p H H 0 a 0 10..M w w 00 Q�..W tj m m m H w w M T L. H J 'J OI Vl rP W N F-'.. O �0. W J 0� U1.. �P W N H O �D. 0� �7. 0� .171 �P W N H O 10 W �1. O� lit �P W N r. O �O W J. 0) U1. 10 'd r N N N N N N N N N N N N N N. N N N N N N N N N N N to N N N N N N N N N N N . . N $! O O O OO OO O 0 O 0 O 0 0 0 O O O a 0 0 0 0 O O O 0 0 0 0 0 0 0 0 O O O 0 O O 0 O o 0 0 o o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 {f(jl; o o o 0 0 . 0 0 0 0_ 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0:'. 0 :0 0 0 :0 O o 0 0 o 0 0 :0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0. 0 0 0 0 0 o. 0 0 0 0 0 0 0 0 0 0 0 o. 0 0 0 0 0 0. o lD �o �o �o �. o w to tp -1D ko tD �o �D tO � to �o ld m � �o iO io -l0 � �o 10 �o 0 to tD �o � io �..ko �o � � 0.0 0 0 00 0:.0 o:0 0 0 0::0 0::0 :0.0 0:0 0:0 0 0 :0:. 0 .0. o 0.0 0: 0 0 o a 0 0::0 0 -0 0 0 0`.0 W m m m m m W.. 0 M a J a a 10 J 107 0 0 O M N M M M NM F'o 0:o OO OO Oo ODD ID ID 10�D :W �o W.... 10 mm � m D7m OJm.�m -.1 J -J -,J JJ JJ N N M M MM 1-'.H Hr Hr r..r Y.r H M Mr r..M H rrr l-'r Y. -r H M M M M M H H r F+M w M 0 0 0 0 0 0 0 0 0 0 -0 0 0 0 0 o o 0 0 0 0 0 o 0 o 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 o cr:::. w H N N N N N N NN NN m N N IU N N N N N N N N N N N IV N NN N N N N N N N O..O 0 0 0 O O'.0 0.'O 0 O O .O O.O O O 0.0 O:.O -O O 0. 0 O O O.O -O. O 0. 0 0 0 0 0 0 0 :O "0 O O 0. 000000. 000000000000 .0000000000.0000.000000000:0.0 Ln m In In V1 Vt Ul VI VI VI Ui Vl m U'I M m ln.... U'1 M m Ut VI M M 111 M M V Vl W M N Vl Vl Ln Ul iJ'1 lP In w Vl tb'! C C: C CC C: C C:C C C C::C C:C C C C: C C C C C. C C:C C C C. C C. C :C C C C CC C:C C CS:: m m m Z::: x dd p:d p:d p:d ddq dp d pp d by p::d p dp...p p p p:d p d pd p dp d d -d p d p d ry.:: Iw l N m lP N m iR.. m.. 0 H N rP. W m.. N N. O N Vl M D\ W O lD VI W iP W m M N W W w 1D iP..: 4- Vt V1- M 'H.. m lD.. W N' w W' a a.. w O. a. w W'. IP VI N 00. 0 VI'. M ", m 0' O' N m J N J N �o. J J m N N 'tD VI VI..'O 0. N J !D W m.' IA W IP N IP M. r.. N m m N' J 'N.' m 0. m 'O - lD 0 m lD m a O OJ O Vl. Vl 0o. : m N O m O O 'O.'.0 J" Vt a' '0'. N m. O V1. IP W.' O m..'m m' 0 'W 0 m O w'.O H..0 O W- O VI .P hl Ul m o kD 0 0 m N 0\ O l0 O l0 OO Vt -Vt O- V1 O- m 0 V1 M- 0 N. � J W..O W..m J..O O O 0 O O O W O HO ID .O J O N. n x n x m x n ro W 0 oy x o x ro o 0 H W � [ 10 10 10 '. 0 m H 0 M W C O m. 0 m �7 x> >> C *-� 0 W r-I y K. m y+ y� x O .. y K) y x z7 > H ul fn z xJ W N UJ p w% 9 m H '< 75 C C m C u [" H x 7 N C z ro n M., f5 rd ,d H C) Di 3 O O H C R n H S C> m Cj H H m m C C C n m 3 m O W x H 3 C m m C w X H m x U X a z Z 'U ..''n m C M m z M xd H m n n0.._ m z. z I, z �r-I. O CzTI .x-I.. [zxJ �' x :H tHil H£ 0 FG W 'I > O m m. O �� O m 0 x m Y d (n O x z N... H UJ n cn z C H $d ro ro C H 0 C7 m 0 fi [ z n�m Z 'y tr' m xJ C C z M z H O by x H z tom' cn � n �' O :`< U1 m m H n C 7.' O m �a x r H ;Ud C m m m n H m n z o z x n r n x C 0 r m£ H K n m o m x O H C7 0 y H m IV z m O TI H 0 0 0 m m H S3 0� O n C£ z d 0 H co m H H££ z n. C O M H ro m.. m z H O Cn n :U r'U 'G C .'U O m C ro H 0 a () H p•:: 9' H �v C �1 z z [z�7 M W z ro 1 m. O m Z7: m xd '�. H 3 n n m. m O . C z O G1 Y' cn £ :O 'U "L.. ro m M Z C H z m n C I-1 m. G1 UJ C O m H C O m m O H �f t7 n o o H b m w z H.. C. m z O ��7] m G� z C >> ro C p ro O p H x7 n z Y C x x7 H k+. x1 m M iv a m x1 Id n£ z Co ul UUJ Q roro HC 11 x H x ro x ro n 10 �y�yy n !ay n zmz �y s z m G n C7 C m z C H A G3 H '_] S 11 ro 3 z H 3 C z z K Z ro x n xx yy C H 7., CO mT C..n H [n C1:r C o o r ro i n ro m m C> cn z n m m ,d C 1-3. u n .0 m: C ro. :0 C W. m tD ro H 'i] C C C ro O M ul H C Y' "I > H. rn H O M O m. ITJ x L] m- > 'i7 H ro z Z O : O - N: z °. VJ C �' N- rx-,: En tj C U C m ti r o oC� m ro W r m C x x m m IV �y r N 0 9J. oi �? R, LO m n n a At N K O N 9 W m m n o � z n W a s a a .i a J a s a:- a a a a a -J --J -J a a a a a a a a a a..a a s .1 a a. a a a :j a a a N r r r r r r F, r r r r r r r r r r.. r r- r r r r. r r r r r r. r H r r tD n p W W W W w W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W M. n 01.01 a>. O1 Q1 O1 Q\. 01 01.01 D\ Q1 -01 O1 �. 4\ Ol O1 01'. 0\ 0x.' Ol 01 01 O\'. Ol x..01 01 01 01.01 .01 .' 01 01 01 Qa 01 '01.. 01 Q\ m O1.'. 01 a a al 01 01 01 01 01 al 01 O1. Cl) lP lP In m In In 1P Ul Ln m A -.P 4P lP P P iP .P W W w W W W W W W W N N -N r O w a m .117 .P w N H.' o w m J'. 01 L9 iP W. N H.'. O Q m a m In 1P W N r O f0 m a m ln.. iP W N O 1D. W G (D b: is r N N (j m N N -N N N N N N N N N N N. N N N N N N N N N IV N N N N N N N N N N N N N N N N N OO 0.0 'O. 0 '.'O O 0.0...0 'O.0 0.0 'O.'0 0'.0'0..0 O O O O 0.'. O O. 0 0. 0 0 0 '0.'.0 0 O. 0.0.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 O O O: 0 O. 0 0 0 0 0 O.. O O 0 0. 0 0 0 0 0 0 0 O O O 0 0 0 O O 0 0 0 O 0 0 0 O O O 0 O 0 0 O O O O 0 0 O O 0 0 O.. O 0 0 0 0 O' 0 0 0 0 0 O' O '.O O 0 0 0 0 0 0 0 O ID 10 t0 1D 10 10 f0 W f0 lO 10 W !D f0 0 Q � 10 �O Q ID lD f0 1D 0. f0 W ID W 1D 1D LD f0 m 1D W lD� Q 10 � w f0 � "C' '0.'O O.O 0.'0 O.'.0 0.'0 0.'O O ".0 O O 0'O O.O O.O O.O O.' O O.0 0.0'0 O O.O 'O. O'0 O 0.'O O'. 0.0 '.O W. m m m m. m m.'. m W m m m m m m m m. W m. m m' m x.. m m m m W W W m. m m m m m m m m m m m m m m 0 lJl U1.- lil ln.. In lr.. lP 0 iP iP �P �P 1P �P.. iP iP iP 1P W W W W W W W W W W N N- N N N [J N 'm a 01.'. In A W N'.'. r O.. lD m.. a m m A -. W ' N.. H 0.. l0 O]'.' a m In W. W N r 0.. 1D m. a a\ lP Ja..- W N r O w m..- a .:: Fj H - r Fl r r r H r r r r_ r r- r r- r H r H r H r r. r r.. r r r r r r_ r r.. r r M r F, fn 0 0 0 0 0 0 0 0 0 0 0 -0 0 0 0 0 00 0 o o o 0 00 00 0 0 0 00 00 0 -0 00 o o N:r N r r✓ r rr N:.r rr Nr r r r r N r r r r r i-�::r r -r N..r rr r-�r r..r r r rr rr r r :::'. �' N N N N N N N N N N N N N N N N N N N N N N N N N N N N ` 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 -0 0 0 0 o o o o:0 0 0 0 0 o o o 0 0 0 0 o 0 rt'::> a O O 0 O O O O O...O O O D O 0 O O 0 O. O O' 0 0'O O.O 'O O O. O O O O O 0 O 0 0 0 O-0 -N m .111 111 Ut.. m U1.. In Vt.. U U1 lT1 lP U1 VI U\ Ul Vl U1 N Ul 111 (h In In In U1lll (n Vl lh llt N U1 Ul VI lP N W 111 V1 U1 VI lJl R7i: C C C C C C C C C C C C C C.0 C.0 C C C C C C c C -C :C C C C C:C C C C C C C C {'3':. �J cn w m m m m m cn m cn. cn m w m m m m ul zn �. w u1. rn mcn w m m w zn..to mm m m mcn cnm m m w.m x d d C7 C7 t7 :t7 C7 C7 C7 C7 d t7 C7 U d d l7 t7 C7 _C7.. C7 l7 t7 d. d d d 0 CI u u t7 q -C7 t7 t7l u t7 t7 0 d t7 t7 .ry Y o o w W mr OW r W w N r w C r Fn N W ON tJ - F' 1D m N m wl W l0 m m m 4 1P �P W W 01 O a f0 F+ r - N O A N O w f0 U1 N OJ m : -:.P r 1P w N O O a W N O O. W w m r.. m �P r O o In H O1. m a.. m< O. m W In N- U1 m W O O N. H 111 m r N O m1 D O l0 'O. O Ut O W W lTt W 'W ..O D1.'. a iP.. O 111 a 01. N '.r O O. m W f0 ' O O N In O b 1P 0 iP W O O' O �] Ul a O O O.'. a lP rP In VO N O O m O M O 0 O 0\ O N o 0 0 0 m o 0 0 n a r 0 0 In 01 0 0- a -O 0 a w w. o 0 m w. ,P o o O w 0 41 0 0 0 0 : m H> O '17 H. r C ro C X7 n W 0 x n 'V : H 0 n y� V - x n m H m n:. ' 7 Zi 0 1-3 . 4 x H "I m W t7 O o 3 n �J o m> r r x o H H m H m C C o k x H o n x r m w m z o H x r 3 x H i r r 0 0 C. P. N H C n r x z w W x W r 'V O cn t7 xJ z x7 O .V C U 0 O H W m o r a N> O r O H z r r '-3 G: H �o ro x O H M> r z O H O 0 m m$ m [n H y ;a m r-+ m 0 O ;V :[ O O z: m 't7: O St7 n d '*]: m al 0 ;V £ t7 - H x UI z z w m E r r O C1Y H. "! H C> H. ul x o m:� m m x cn > t� m ro :x _.. ro m ro z r ro z c� x 0�� z O K x �d x � >: :'. ro (m] H t>' m x z�.£ YW' J) v��� o� �oe� n z' I m r w x ;V x K w r x n C r L�7 ro 'i7 4 fl: H rll'V ro W >o m.H cn m H m w m 0 0H mcn C H:Y' m z� z t7 ma o 3 H m H m r z m x W H H: G] R' z. O m m 'y W W o H O WZ n W Q z 0 z 0 w !C x1 xf t7 m R' r x n m et ro U7 z m �' r r x C '?7 H> Y H x m� o co 'o m. z m 0 O z W x O m H C. r m H �C H C H m '+i ;o > m ,ro ro H w H 'V C: R+. O z ML, m. y xl x z �' VI �-+ m z m r n 'TJ m n et ;a H H n m t7 r m o r x K) r H M jp r'Tl .. H 0: H m r xJ. ro ro Y' H 'V H z m 9' H- w r m m m H O O z H ri7 ;d W m£ C m x z W [x H m yry �Ca 0 C trt�77 x dr�yy PO tLl �Xy 0 H ,'V 0 Cyyn >y ,�1 w m Oz z ° 7, 3: H r m 0 1J- t- H z m- n m H K z n x7 U7 H H r m y r 0 n r Id ,'li ro m 0 H r K] n y m cA C C O C cn y gg. n :• \ 1+7 W z H TI y r n x m ro ro y co z '*7 m r ro n C n v fd : :0 z 11 9'.. z H.r m.m y H C H m m m. -r r x r H r m n z t. H: 14 m H W �' z. O C r 'V O H m m m m q R+ m 0 x H z O H :t l.Y: ro n x r z n z x1 m m a r m r m H n o o v o d z z n k r x n x� z r r H r m m m H w r m 'd.. m ro H m W t7 Co : m lA H z 'qV n] '1 C c�i1 n ro v s z H o r H m o x z n r m r r s d r r H U) z cA y' HH C7 r �'+�' H ro d d H cr ro r n ro ro n ro m z m x W r o y t r ao r x Y n t, m o r m m r i m In K m z 4 r m r b cn m w co n . :z co ro. m o.. cn L, r n z m Pd z r m x n > c» m r r x m t C z: _ n:. tm' �H m r _ r r r \ o In S:: N K O N 9 W m m n o � z n 1 I =am mk� t), �:l N K O Su to (D (D 11 � C n (p n "j W W W W w W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Ao' :. o R X i m m m m a, m m m m m m m 'm m m m m m m m m m m m T' M m m Y H r H N r 0 0 0 0 O O 0 0 D O ID W ID Q Q� W tO m.. lD m m m m m m m m m m J J `1 J a J J J 5.::: x' w rP W N H O w m J m m .P W N H. O 1D m J m kp iP W N H O w m J m m A W N H O W m J m 0 A w N .�'�. r3�f � K :: fD N Fl n::: z J NNIJN N N NN NN N'N N N NN N N NN N N N N:N.NNNNNN N N'NN NNN NN NNN N - -- J o 0 0 0 '0 0 0 0 :0:0 0 0 0 0: 0 0 -0 O o 0. 0 0:.0 0. 0 0 -.0 0:0 0: 0 o. o O .o D: o 0_ 0 0 0 :0_0 0 0 0 0 0 0 0- 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0.0 0 0 00 0 -0 0 0 0:0 0 -0 0 0 0 -0 00 0 0 00 0 0. o 0 0 0. 0 0 0 0- o o o 0 o o o 0 0 0 0 0- 0 0 0 0. 0 0 0 0 0 0. o O. o 0 0 0 o o 0 0 0 0 o o o o O o o o o 0 0 0. 0 X0 .0 ID i0 -t0 -a 0 -t0.. 10 10 0 0 .0 0 0 0 0 0 10 0 0 t0 t0 l0 0 t0 t0 Q Q 1D 4o � 0 a 00 0 0 a 0 0 -:do o. 0 0:0 0::0 :o o o o o 0 0 o o: o a. o o: o oo o`o 0.0 0::0 0 0 0 0 0 0 0 0 0 o 0:00 0 0 0 0 m m m m mm O: 0 0.. 0 O to �� \0: w w �D � w w m m m W- m m m m m m J J J J J J J d a J. m m m m m Oj m m a\ :::: H Rj N'. r O l0 m J 'm m A w N. H D'. �o m. J m V'i .1> w N H 0 m.' I m m 9? W N H '0..10 m J m m A. W N.'. Y r P- rt P H H H H H H' H H H H H H .. r H H H r Y H H H H H r H Y H H H Y. r H H H.. r rH r� r H r Nr rrH r r�r HH r Y NH Nr rr rr HH Nr rr N H rr rH H HrY I-!r:� (n rt 0 0 0 0 00 0 0 0 0 00 00 0o Q o0 00 0 0 00 o o 0 0 0 0 0o Do o o 0 0 00 00 :rc:::: w y F'H r H rr 1-'H �.. r r�r r r:1 -•.H � r r� r rr F'H r-�H r r H r N H rr N H H r r. r H r rr � N N NN N N N N N N NN NN NN N N NN N N NN N N N N 0 0 0 0 0 0 O' 0 0. O O O 0:. O 0.: O :O O 0.. O Q O O o O' O p O O O 0: O O' 0 0 0 0. O O O 0 O O o. 0 0 0 D.' O O. O 0 0 O. O 0 O 0 O O 0 'O O O. 0 O O O 0 O O O O 0' O '0 O O O 0. 0 0 O O. -. In lP Uti. lP m W U1 0 m... m m U1 m- m 0 Ln to (n U1 W m V1 Ui m In Ln m lP m M Ln U, 0 m U'i m m In W m W U1 C C C Cl :C Cl C C C Cl C C: -C Cl Cl C C C.a:C:C C C C: C C C C' C C:C C C: -C w m m m m m m m m m.. m m m m m m m m m m m m m m m m (n m co cn m co m m. m m co to co m m m m m m X• a a d d a d a d a d a a a a a a a a a d a a a a a a a a a a a a a d a a a a a a a a a a o:: r m" _J m W 'P Hm H W N N H r ID 1O:. m O m H Y- _ H a W N N m W W. N w (n w m r O W N m 'j W t0 0 -4 W J:: O O Q\ ,1 N N. O J W J J A Ul m 0 t0 a (3) m Y In J. O W 10 W H m J H J O ti? m H: J N. J '.O' H 0 0 M H 0 p M: 0' D 10 W O O.UI J O V7. 1T1 D> O -m H.A .m Ol -O m10 m r w to O.H J.m.O O m Ul 'O O O J.UI m 'A.. �P ON O 0, N 0 O .P O O O J 01 O 0 Y O .] V J :D O N O J O N O O O N O O O O m 0 1 0 m O Ln O m N O m w V (n 0 0 J m O O J" a W O O m 0 -w 0 Y 0 O .: O m H C r H b m H T ro d m H a C xo m C O z m H m S' H b] Vx. C m x H O z O x m z m m O k H x m Ili x a x z m m 3 O m H 3 0 r z 0 7, m 3£ O m a o n C n c] m y m �S m z n ITJ: £ m a -. o O z.:> C 10 o ro r 7. z m m> x m x H x m x m: o m m t+ L-1 y K m O ;u. m H 3 H m m m m m X xx y m H m m n x H xd 4 m p x1 O x m. `C Cl) (n. ;U x Tt7 z m �C O m H C x 3 H x7 - :t7 H C. > "1 z H a O ��77 ,o m r0 Za z ro H O O> H m C7 n H m lC O m z m m n xl m m Ca Q z '0 W x1 n z z t7 9' ,'rl x a> G H �7y' m H OH ? H O H.n ::l x O n.H m x7 9' m C H 7. H.H H :U(n.: C 3 m n C r m m C m r 0 m xo n q0 C 13 C : x C 9' m C. n ;c7 n a x7 0 O ,ro W z (n z m z r n z ?� m z I n n 6 .. �H b O m� -9' n -H z n H H H Y Hm ,�] z z z �Cq y n m 711 y:ro r m O> �. c! m C H U H H r. 'u `h7 H d x r Z o n z x Y' b7 a m m O _O a -m O H xa z ro H. ro m r 0 r r x z R+ m O> i m y£ m z z n n z H z o y o z r a� r x m m H z r a m m z e o o z n m m y z H z y n m ro m m m m m m n b ro m c z m n n an d aU H v o z 10 n n 0 n z m ro r m r m H ro r c m aa H x m x m> ro 3 m n a r o z O H o 0 o r m m m m a r m m ro n yv� � �r roF3m�e�°'>508mron t�Q z[yy[� iH��� ��m 8 H m b m m ro 11 z r r m G1 m y z 7 41 k z N H C n r C H z.- O z. �-+.. £ 7,, '71 m: Id n : H 7. S� H '�7 r m '1 n '1 '1 n H r m..x H.> m m n 7. m r m. 10 'C C o n ro. _ h7 r r> ro> H> Y' O a m �1.. C. > O C. z r: n> H O' '1 r G� n H C. m 'C 3 m H m: n Z H C.: X H H r H m. 3 10 o o (n.. (: O.. co z m 3 H H M z _ n. n 't7 H x zYz ((zp�.. m m: z0 mn [n1 F-I z n7 [a1 H H H n -!%� �o -n 0.. b7 � n c ro y z zy b br O O po r m Zt� H H t7l 13 U) a zpc t), �:l N K O Su to (D (D 11 � C n II _amm.. J J J J J J J J J J J J J J n w w ww ww w w w w ww w w w w ww w w W w w w ww Ww w w ww w w w w.w...w W w w w Ww X X ..1 J' -j J J -j . J J_ J J J' w w w 111 U1 Ul kA . 4A 'P W W W W W W w W W N N N N N N N N N N r H r r m 0 w m 0 j �Dp7 J at Ut � W N H O kD o J. 0� U1�P W N N O l0 0] J m U1 J> W N H O 10 W J 01 0 .P W N r O �0 0 J.O\ 10 w m w w H 0 m rt z ro J m N N N N N N N. N N -N (j N K) m N N N N h7 N N N N N N N N N N N w N N N N N N N :N N m N O O O O' O 0 0 O O 0 O'.0 O O 0 "0 a O O 0 0 O O 0 0.0 'O O O'.0 0'O 0 0 '; ID O O 0 0 0 0 0 0 O O O O 0 0 0 0 0 O O O O O O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O O" O O O O O O O O O O. O 0..' O O O O O O O O O O 0 O O O O O O O O O O O O O O O 0 O O O 0 0 O O O O O O O O O O O O O 0 O O . w ID � 10 0 I ID 10 10 !o � � 10 � ID O w kD k lo 1D � � 10 b to Q lD iD Q k � � 'D ID iD . . 0 O O O O O O 0 O O O O 0 O O 0 O O O O 0 O 0 O O O 0 a 0 0 0 0 0 0 0 0 O O 0 O 0 0 l0 ID D W 10.. ID 10 10 Q bD 10 10 �O W 10 10 l0. 1D 1D �C W �D W W Q �D �O W Q �D ID �D ID 10 4 ,{a w W w lW W W W W N N N N N N N N'. N N H H H H H H H r H Y O O O O O A . W N H O �D m' J 'm VI kP w N' H 'O �D m J m W W M H p H (n �:r 000000000 - 000000000000000000 - 00000000000000000 r' Hr r Yr H H r:r rH HH rH i-�:H r H I-'H Hr N:r YH rH i�:H r H rH H r r H rH rr :: � N N N N N- N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N- N N -. 0 0 0 O.' O O'. O O. O O.' O O O O O O. O O O O O O O O O 0 0 O 0 a 0 0. 0 0 0 0" O 0 0 0' O 0 O O 0 O 0 0 O O 0 0 0 0 O O O O. O O O O O O O O O O O O O O O O O 0 O O O 0 0 0 0 O O O 0 O O m in m v, u; v, In v, m v, v1 -- u1 to v1 un u1 1n m m.. m yr v, to v, u, to m v, m v1 u, u, m. v, m u, u1- v1 to u1 u, v, Mm C :C C. C C: C c C C..0 C C c:. C C C C C c c c C c C: C :C .0 C C c c C c c C c: c C :c [ C c n: U) m m m m m w m m m m m m m m m m m m m m m m m m m m m m m m m m w m m m m m m m m m C7t7 g q q q p [7 pq q q p- p_.q q q qq qtJ pt7 q -t7 q q q -O g q ;; X is rr ;. .: r O U1 J VD J 01 J llt H W �D J w H N D] J O W m 4- W < < A 4 W m N t0 N J W �0 J O O. W" J ll� �.. N m. lP V1'. rP Q) J Ol a\ m J.. �A J.'. r !A N �A.. �P J N N. W �A gA 01 N m In Ul m.. J U1..O 0 W.. lTt o ln.. O iA. O 0. H O. J O. J A V1 Oo O M. N H.. J H Vl J m lA J al 0 W OJ.OU O O U O OJ J O �0 0 W 'JN ' N.O O O.O O O V O oA A W o- O W- J Q w 0 10 0 0 n> n x c H : x m 3 q'. C C n w x7 > m m n g O o. C x. 0 n> 'ri :O H:: C H n -3 . n 10 C m y C '17 r, O 'n w Y O m H C O KD xi m x7 m 3 ((tt11 O C !! H m m H m n 7C H xJ H C z H n C K O C z H 3 3 H EA m xJ b C 7C K7 ref r-i r-i m H a. C m m r� H tai m E+} x 3 ? 17 K 4l h7 n z 7o m h+ r z p m C ,T1 O m H �D ? C7 '.�7 H H ?7 7.� C m ,d :U Z C;7 G) C m > C 1Y m m �-+ z K C C. a C m m m. 3 O n [+ m H K E '.ly.. ld 'c7 7, r T 'ri H. N m Y b7 3 w m.. H :U > n C H O m z H iO. xl za n m H 0 t" O H tY m n m �-+ ro 3 m g m z n n m x7 C m n R7 m G1 H q x7 n x O 3 O n K x7.. 0 N -3 w m m m:£ 11 n n. m H n �' m C' x7 c£ x7 E �d x8 ��m -n :Eri6 to- nf���m y m m z It ro x Y' 0 m x r x7 y a C x g O m z z 3 m C� z xd n z xC � H 6: O xd m m N. n O z m m m C x7 m E� z: z m n m H m xJ q H H z m n m m m n ro y w [ CD z v y H n H n:. m r-i m m O.. 4] m x7 O C �-+ m m ro n H z H m C '-3 C x n m z m m m H z x C m H x7 C m m H m O m O H 'n m y H Y£ m n au 9 H m n H H z G m b t7 x x w Y m o O Y c m z z z C z S'o H .0 t 7 0 m o z o n z M' m C n x7 `G C H ro c 10 x7 ro.: o '=7 £ 0 q x1 m m m? �-+ 0 H C n z �--� m m x7 m y C m m .. m �D . �d oz oz q C- a m 3 z m x C H � o x v : n : x. > z �0y]:. ELT£�7 �''o L, [ro'' C {�/] 'm-3 ozo [t% dr yzy r�r. t�" oxo ❑a X0�''11 'y£ [vK] (m� x1 %y > z.: C17 H C17N Cri F. i n n r�US ZZ H m x0 ri n n o Y O m n r t 7 U a H t°ri m x C nro =J x1 t, C m C z m K p O m y n 4l m f3 m z x7 S m y O O z m r O C m n m H ri£ ] CD C C E ti n7 tJ O H t7 C n '-+ x1 c n > m z 11 m m > . ty-� z> > z z H H H C K z z m O m z 10 C x7 S H m G3 q (9 H H z m - K £ x Y' xJ H Q O m z x7 0 x 3 i-� m o z ro. m z .. 3 n z 3 : z 0 ro c z> x1 xo y� o z n K: m W K r ?� C H H 0 CD C :z x m.. m C m O m t". w p£ K m n . U) z t yyi 0 m K m fi y�y O b H 0 y z C r H C H G3 m N H z x n7 n PO Q 3 rH C tm" tr3J z tnm' C m o n n n C t o x m H n m x � C C C o 111 � N a `G O N9 EQ (D (D t H 3 N x1 n 1 1 At Akft 0 RI 0 ,Wu m Q K O R Ci n r 3 w C n n W W 'm O R X X 0 m m m O. O O O w w w w w w w w lD w 97 W W W W W W W W W J J �] J J. J a J J J O1 Q\ (T 01 Ol O\ 4\ O) 41 D\ ,'j� : X G (D 4: m n ..: >< ro J ro o Y >: � ro H N N N N N N N N N N N N N N N N N N N. N N N N N N N N N N N -N N N N N N N N N N N- 0 0 0 0: 0 0 0 0 0 0 0. 0 O_ 0 0 0 0- 0 0: 0 0 0 0: 0 0 :0 0. 0 0 0 0 0 0::0 0: 0 0 0 .0 o x 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 0 O o 0 0 0 o 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 o o o W... � 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o.0 0 0 00 00 00 0 0 0.0 0.0 0 0 0 0 00 0 0 0.0 00 0 0 00 00000 O o.0 o 00 o w w w w w w D w w w w w w w 0 w o w w w w w w w w w w w 0 w w w w w 0 w 0 w 0:. 0 0 0 0. 0 0 0 0.:- 0 0. 0 0 0 0.. 0 0. 0 0: 0 0 .0 0. 0 :0 o O .: 0 0 0 :0:. 0 0. 0 0: 0 0. 0 0. 0 0 0 o o ty: :: w 10 w w w w w w w w w w w w w w- w w w w w w w w w w w w w w w w w w w w w w w w w w- w �O w w w w. w w.. m m W m co m W O m a J J J J a s J J J 01 Q\ 0\ 0\ m 01 0) 0\ m N U1 L. m m U? U1 L. ::: H 'i W a'.'. 01 Ut iA W N F" O w W J.. T M P W N 'H O w W a.- 0\ P W N.' H 'O w W J M Ul 4 W N H ...':�.� t- :V:; Ih W rT 0 0 0 0 0 0 0o a -o 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 -o O o o 0 0 o o o 0 0 00 !?:::: w y HH H H HH f' H r:H r r r H r H HH rH V-'H H H N.r r r Hr H r rr HH NH r:H r r N H � N N N N N N- N N N N N N N N N N N N N N N N N N N N N N N 0 N N 0 N N N N N N 0 0 0 0 0 0 0 0o 0 0:0 0 0 0::0 0:0 00 0 0 0:0 0 0:00 0:0 0.0 0. -0 :0 -0 0 0 0 0 00 :0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0- o o. o o o o 0 0 0 0. o 0 o o o n 0 m o o 0 0 0 o.: 0 0 -o o o o_ 0 Ul m U7 U7 Ui N Ul U7 (P V1 V1 Ul (Jl Uf Ui.. U7 U7.. Ul m UI Ul VI Ul Ul Ui- U1 Ul U1 U1 U1 lP Ul Ul Ul Vl U7 U7 Ul Ul Ul V1 U7 Ul Ul m >' C.0 C.0 C C C. -C C C C.0 C C C C C:C C -. C:C C C C C C C C C C C.0 C. m (n (n co co co cn m m m m m m m m m m m m m m m m m m m m m m m to m m m m m m m m m m m m m yr t7 C7 C7 t7 C7 d t7 t7 d tl t7 0 0 u u 0 d d 0 0 0 u u u O u 0 u C7 u 0 t7 0 t7 0 t7 t7 tJ t7 O t7 t tJ 0 N N H N to F-' w H N H 0) H W N 01 H m -0 Q, U1 m m MOD W �P.. O H. O 'J' H O\ O� Ul m. N Q7 Ul O' U1 O H O. 0\ Ql :� 01 N -O. rP. iP Ul 0 0 0 0 A H W N. �P N- Ul O.. UI O. W O -. A m. 0 0 0 0 0 0 W w w N' m e r W O 00..0 W H w.. ..... W N O.' O O- O 'w O O. w iP. O O 41 0 0 0 O'. w '0.' Ul O O 0.. -O O w O.' 0) T 'O m N O 0) '0t O N. O O O 'w" O O O O O O O U1. O O m N O Ut O 0 O 0 O _0... O O N O O O O O iP 0 o N O 0 w O W O- O -J 0 0 0 w O C y w m 'v z 3:3 3: 3 3 gg 3: -.3 t4 r x 4 4 4 4 0 n} m cn tl n> n x W U m m U m y b n n: 3 0 0 T� H' 3y M O C y y O w r w-.- m (D y w. w P. w Y' (D g CL H r w ri w X H w y r r Y xa r m m y ;U n w n H Q, ;v n 7' is �a y xa m �7 H n 0 r (D > Q, n -C 9' < 0 y N r H z: O r> 10 xl y w: G �1 .. r r K r: 5 0 O H m LD . m 3 w n r z w n: y t7 w. w z 3. m m �+ m H G) m z z x �-+ x m m.. m rt w 0 p C z m m H w. K m O. o n Q. 0 ;o z 9' m 3 w: Tp': r m tc m H m m n m m m c a m Q . Q. r r z O m m 10 C �j 0 Z : m z Y 0 m w (D w m N m 0 C 7 m 3 O g O n b 7 o (a 000 ro N a y Ry y ::M::.. xtz `o m � 'U H O 3 x w m m z 0 m tJ � m m O w m 0 J t'. . . N : . H "o�K° N 9 ry86 �£€amN�'�"rort����� 3 n m m -� m r w z K O m m z z m C m n rr C > z p m y m m r ro y y', > m ro ©..: n o n7 ro Rl 0 n 0< m z 0 w 3 K O S Y O 0 H (9 m rt z 3 w n z r+ z C xO 0 ;v F< n m :wL. H z 'G. z '-+ ;U w H m w 'CS z 3 z ro ro. z x w K m D' H 10 m z w m 13 �o H �c 'A > n t" t7 m O z m z Q. H z b g H w m z r r u 2 b n i H m w ro y m a Y7 m C m r '_] w w m O F- (D m :"d :z b 7... m m. z z m w 'I C x m 'V 'L7 H t-':: �-+ m: r-i m. m 'o In 'o M? x m m d m ro r ro m m m H x ro m m y? z m o m" m z r m S H z m m m z m C O m m H(D � z r m rt m O r 'U 'l7 ro w" H G m ',b w:: m m m N n m> n ' m. ' : 'C3 ' J "J (U ;U 1 > zy. m m. m' w m m i m m m C7 < (D ro. O nz m ! y m m H : Cn m y 13 oy m m Cq ttr"1 !-c7 z .. mH r m r' m �. r r (D n. :M::: o r z 'v t3' m m 'a o r z m m m m r+ m r 'v n H ro L, o m� r r m m r o t7' 'I m n m r w ro m > o o 1,3 n to m x m r > o a ro r r r m o r r r x K K o o.. C+7 ro m n 'Tl p rn r r H m Ch O 3�. 4D y'I y z n r w w m m z O d 3> C ro (D rt m m n ro m m n m o 0 w r Q n w r > Y r t...: cn W y mn u v r v y z. r_ en >: .{SX.- R Ci n r 3 w C n n "G m O w m m n � C x n ro a .a a S a a a a a a a a a a a a a a a a li a W w w w W w w w w w w w w w W w w w w w w � :; O rr X X m m m m m m m m m m w m m m m m m m mm m w (� W W N N N N- N N N N N N r H H H r r O O O O ,7 rt r O �O 'm a D\'m iP.W NH O to 'm a (71m iAm J Ol m rP 1p, G (D O n o n7 m z ro a bd 0 1 N N N N N N.'N N N t) t) NN N N NN N N N N O '.0.' O O O 0 O 'O.. 0 O.' O D. O 'O '. O 0" 0 0 0 O O O. O O O O O O 0 0 0 0 0 0 0 0 O O O O O O O 0 O O :O O O O O O :O O O O O O :O O O 0 O O '0 0 O O 0 0 0 O 0 0 0 O O O O 0 0 o O D O O O 0 0 0 0 � - ID 10 10 �D 10 10 L LD �o �D 10 r 'H.' H H H H..r H 'H H Hr 'r H 'H' H H O'0 0'.0 [TR. O O O 0 O O O 00 0 0 0 O O o O O O O 'o 10 10 l0 0\ m iA lP rP A rP W W W W w O O O O 'o •n m kP W N H O �0 m a O' m W. N H 0 \o m a. 0) r F' !�: w 1T m rt V1 .7 0 0 0 0 0 0 0 0 o 0 o o 0 0 0 o o 0 0 o o 0 O i2r:::: w H N NN N N N N N N N N NN N N NN N N NN NN ¢Y::: Fl O O O O 0 0 0 0 0 O. O O. 0 0 0 O 0 0 0 :O O O 0 0 0 O O O O O O O O O. O O..O O.. O O. O O O O O :X ((t :;:; jO Q, M cn m m m m m m m m m m m m' m m m m m m m VI m (b C C.C:C C:C C C:C C G C C.0 C.C:C.a C:C C C C:.0 m m m m en m m m m m m m m m m m m m m m m m w m .: X C7 l7 d d C7:.d d b p.:d C7 d d.C7 b C7 C7d CJ: l7 :C7 l7 d C7 �i i:: ON O lOp �P Q\. Ol N' w r N N m N W. N r H m r a a 10 < 0 m H H N H' m O lD m 1p. N N .' m O' H H N r" O H 0 w m m w m U, j w w m o o m a o Ho m m am m a rn..m a o mo rP 0 0 0 0 0 0 0 ' O 0 m O Ao N 'O. H O 0 :Q' O O w W 0 D 0 o oo D o oo -o o o -o.� m o m 0 o D o 0 > C4 : S H£ !n m n n7 S :W c, m H ro 3 CJ n �yyyy o m Ln m N C o o C r Ln H �3' W o P. �:r H H C H 3 x m ro 3 N (-S O n r} z ro.. [nn C ?y x ,o t7z�l m m m x O z x H E d H t7 .: d K H 9' ro. a n7 .> z b7 - m r S R+ O H m W R (D b m n x > m H 3 -' 1 n lD H a O G L :: H [>:] xl > Y .:rt C C S m m �+ H m> m m m m z Liz O l< w C x (D x O: x 7a O> n m w Cn m 5y C ti C b H d C H ;o C C7 11 n r? D O C R, H 1i ro H z x '7., H. H +-3 H m m (D Y� m 3 (D z C H n n H x m z m e H n C z z 9 O R, n 3 z n z O z H Ln ro o n to Y m C[nn z a m> z m t-7 H a a O o zz o> Ln H Ln C C n z 7 m[ H a H ro z U) Ln m Y M Y4 O w a rt a 0 H O Ln cn A 0 U) W n z n m m x r ro L a m 7 n H 10 tj m w u ro n O H n m a M t, 0 r r H r r o r oa m H ro c z o: M m(D o n m z :> Ln H z H b H C m H X1:10 (D of 7v n X7 X7 H x z �c7 C m It z �Hj x z0� CO >0 'dW �5n�H� z :O CO ' O 'd Oi X7 to m n w O L C a ox n �LC-��oMC w o E� C man 1-3 H YC n7 r Lro m m m CO C C in (D CD d r _r vs: "G m O w m m n � C x n ro Kw 9 O rr 3 m rt O CZ m n w m n m ro w d rt m cn ty 11 r 0 0 0 0 fD rt X K n w r x m �3 � n m n x ro w rt m y o n7 z ro -,j m o y � ro r fir+ 71 W M co rt L �O w y P. P. ri a m w x L.' n m r 0 0 0 a? g , fD ry o N lTl C, W O n � 11/07/2005 AP Line Item Report for Payroll Operations Mg &J: -a Z AP Line Item Report for Payroll Operations Mgr. .............. Vent csr .................................................._._.._...._._._...... .............................._ c: Qtint niz c7 nd Q _ ...._ ... ............................... L is : ; Q n� . ............................... C��a��'n _ ................. ��g: cto 100081 AERO PRODUCTS CORP 3,124.46 10/31/2005 2000090384 100377 BETTER ROADS INC 4,918.80 10/31/2005 2000090385 100589 CLERK OF COURTS 124,700.00 10/31/2005 2000090386 100677 COMMUNICATIONS INTERNATIONAL INC 12,474.10 10/31/2005 2000090387 100897 DWIGHT E BROCK CLERK OF COURTS 458.50 10/31/2005 2000090388 100919 ECONOMIC DEVELOPMENT COUNCIL 14,365.25 10/31/2005 2000090389 101568 INTELITRAN 10,668.97 10/31/2005 2000090390 101678 JOHNSON CONTROLS INC 6,357.00 10/31/2005 2000090391 100675 COMMUNICATIONS INTERNATIONAL INC 2,214.40 10/31/2005 2000090393 102052 MITCHELL & STARK CONSTRUCTION CO 3,787.39 10/31/2005 2000090394 102893 SURETY CONSTRUCTION COMPANY 7,500.00 10/31/2005 2000090395 103242 WAYNE WILES CARPETS INC 20,450.50 10/31/2005 2000090396 103795 CDWG 28,216.29 10/31/2005 2000090397 104136 WASTE MANAGEMENT 586,438.63 10/31/2005 2000090398 104339 HEWLETT PACKARD 4,158.00 10/31/2005 2000090399 108465 JOHN CARLO INC 370,064.50 10/31/2005 2000090400 109260 WORKPLACE RESOURCES 820.15 10/31/2005 2000090401 100419 BONNESS INC 110,523.57 11/01/2005 2000090402 100419 BONNESS INC 66,278.65 11/01/2005 2000090403 100589 CLERK OF COURTS 471,840.00 11/01/2005 2000090404 100628 COLLIER COUNTY SHERIFFS OFFICE 11,195,533.00 11/01/2005 2000090405 100676 COMMUNICATIONS INTERNATIONAL INC 8,757.00 11/01/2005 2000090406 100897 DWIGHT E BROCK CLERK OF COURTS 333,440.47 11/01/2005 2000090407 101678 JOHNSON CONTROLS INC 39,754.00 11/01/2005 2000090408 103795 CDWG 12,448.67 11/01/2005 2000090409 104117 FLORIDA ASSOCIATION OF COUNTIES 116,120.64 11/01/2005 2000090411 104834 JENNIFER EDWARDS, 174,715.90 11/01/2005 2000090412 105803 WORKPLACE RESOURCE OF FLORIDA 875.90 11/01/2005 2000090414 109260 WORKPLACE RESOURCES 30,773.78 11/01/2005 2000090415 103231 WASTE MANAGEMENT INC 23,192.86 11/01/2005 2000090416 104136 WASTE MANAGEMENT 1,474.93 11/01/2005 2000090417 1001 SUNCOAST SCHOOLS 145,580.81 11/03/2005 2000090418 1005 NATIONWIDE RETIREMENT SOLUTIONS 44,286.83 11/02/2005 2000090419 1006 ICMA RETIREMENT TRUST - 457 32,119.08 11/02/2005 2000090420 100031 ABE SKINNER PROPERTY APPRAISER 10,136.06 11/02/2005 2000091011 100578 CITY OF NAPLES 141.00 11/02/2005 2000091012 100580 CITY OF NAPLES FINANCE DEPARTMENT 7,969.67 11/02/2005 2000091013 100628 COLLIER COUNTY SHERIFFS OFFICE 18,566.86 11/02/2005 2000091014 100861 DON HUNTER SHERIFF 1,923.75 11/02/2005 2000091015 101568 INTELITRAN 136,501.78 11/02/2005 2000091016 103795 CDWG 995.00 11/02/2005 2000091017 104282 SOFTWARE HOUSE INTERNATIONAL 2,883.48 11/02/2005 2000091018 106077 APAC 69,009.02 11/02/2005 2000091019 112140 YSI INCORPORATED 1,599.75 11/02/2005 2000091020 103795 CDWG 285.00 11/02/2005 2000091024 104357 PITNEY BOWES 1,050.00 11/02/2005 2000091025 112109 GULF COAST LANDFILL 30,484.76 11/02/2005 2000091026 1001 SUNCOAST SCHOOLS 173.64 11/03/2005 2000091031 1084 Fifth Third Bank 782,484.69 11/03/2005 2000091032 100419 BONNESS INC 33,197.29 11/03/2005 2000091046 100675 COMMUNICATIONS INTERNATIONAL INC 455.00 11/03/2005 2000091047 101764 KRAFT CONSTRUCTION 2,391,139.88 11/03/2005 2000091049 104282 SOFTWARE HOUSE INTERNATIONAL 961.16 11/03/2005 2000091050 104573 GREELEY & HANSEN LLC 1,358.08 11/03/2005 2000091051 106703 WILSON MILLER INC 2,336.68 11/03/2005 2000091052 101324 GREELEY & HANSEN 3,224.10 11/03/2005 2000091053 103959 MCDONALD TRANSIT ASSOCIATES INC 65,446.35 11/03/2005 2000091054 11/07/2005 AP Line Item Report for Payroll Operations Mgr I Ve . _, A.dbou.n ll 17 ? . '� P aiTCf3 lz2 ' "3 ;::: .:C 7C 100813 DEPARTMENT OF COMMUNITY AFFAIRS 29,834.65 11/03/2005 2000091055 101190 FLORIDA UNEMPLOYMENT 3,598.32 11/04/2005 2000091059 100378 BETTER ROADS INC 10,000.00 11/04/2005 2000091063 100627 COLLIER COUNTY PUBLIC SCHOOLS 33,973.56 11/04/2005 2000091064 100897 DWIGHT E BROCK CLERK OF COURTS 19,344.00 11/04/2005 2000091065 100919 ECONOMIC DEVELOPMENT COUNCIL 12,921.88 11/04/2005 2000091066 100933 EHC INC 66,688.34 11/04/2005 2000091067 101157 FLORIDA MEDICAID /COUNTY BILLING 687,175.00 11/04/2005 2000091068 103795 CDWG 5,374.32 11/04/2005 2000091069 104919 HERMAN MILLER WORKPLACE RESOURCE 1,053.71 11/04/2005 2000091070 111905 DISBROW ENTERPRISES INC 58,792.50 11/04/2005 2000091071 111905 DISBROW ENTERPRISES INC 33,934.50 11/04/2005 2000091072 November 9, 2005 Ms. Maureen Kenyon Collier County Deputy Clerk to the Board 2671 Airport Road South, Suite zo2 Court Plaza III Naples, Florida 34112 Re: Lely Community Development District Minutes Dear Ms. Kenyon: EFF . *EIVE NOV 15 2005 �SCtaofD Uf .;: ^,7' � "�, i.. €Jt2 "�R1lSS "kOliP,.C$ In accordance with the reporting requirements for Special Districts under Florida State Statutes enclosed are the meeting minutes of the Board of Supervisors of the Lely Community Development District from April zoos through September Loos. If you upon review of the above have any questions or concerns please do not hesitate to contact me. Sincerely, Susan C. Servis on behalf of W. Neil Dorrill, District Manager enclosures cc: Miscellaneous Correspondence Le y !'P Kesort 50L. r I U r,, I F I Misc. Corms: 240-�s item #: / 6X o <<) Copies to: Lely Community Development District 5672 Strand Court, Suite #1 • Naples, Florida 34110 • tel. 239 -592 -9115 • fax 239-594 -1422 /&= aels LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on April 20, 2005 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, April 20, 2005 at 1:30 p.m. at the LCDD Maintenance Building. Supervisors Present: Robert Fisher, Chairman Harold Ousley, Vice - Chairman Vera Orr, Treasurer Ronald Moore, District Supervisor Kenneth Drum, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL /APPROVAL OF AGENDA After an indication that the meeting had been properly advertised, that an affidavit was on file in the Association office at 5672 Strand Court, and a quorum being present, the following items were added to the Agenda: Under Supervisors Requests: 6A, Front Entry, 6B, Saratoga Dirt, 6C, Chemical Building, 6D, Horse Monument, 6E, Median Landscaping, 6F, Election Process, 6G, Lely Island Boulevard, 6H, Player's Club, 6I, Grand Lely Traffic Light, and 6J, Wackenhut Staffing. On a MOTION by Ronald Moore and a second by Kenneth Drum, the agenda with the additions was approved unanimously. APPROVAL OF MARCH 16, 2005 REGULAR MEETING MINUTES With the addition of Mr. Greg Urbancic on Page 3, the first item under Attorney's Report, and the correction of the year from `04 to `05, the time to 10:00 p.m., and The place to LCCD Maintenance Building, the minutes were approved on a MOTION by Kenneth Drum and a second by Ronald Moore. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on April 20, 2005 Minutes - Lely Community Development April 20, 2005 Page 2 MANAGER'S REPORT * 3- 741-(8) A. Presentation of FY 2004 Audit & Midyear Financial Position Mr. Dorrill reported that the preliminary audit had been delivered the day before and was presented as a draft to the members of the Board. Mr. Phillips, from the firm of Wentzel, Berry, explained the audit and the implementation of the Government Auditing Standard 34, which among other things highlights the financial activity of the District in the areas of debt and transactions. He also explained the new Government Y Financial Statement and the new requirements for the statement of revenues. The two categories of funds in the Opinion were explained, and the 29 million dollar bond issue from the early `90s was discussed as it relates to the 17 million dollar deficit that is shown on the balance sheet. It was suggested that a footnote be made to reflect the assets that have been conveyed, and the future payment of the bonds being associated with the assessments. Further, Mr. Dorrill advised the Board that this information and new requirement will be conveyed to the dissemination agent on the District's behalf. In response to a question from a member of the Board, Mr. Dorrill indicated that it would be prudent for the Board to budget some capital reserves in addition to the contingency reserve monies. After being walked through the entire audit, the Board was advised that the final audit will be presented at the May monthly meeting for acceptance. B. Recommendation to Review Current Crew Work Schedule & Supervision In response to a request for information from Mr. Drum at the previous month's meeting, Mr. Dorrill indicated that the District has a 15 man crew, with the core work week occurring between Tuesday and Thursday of each week when all 15 are present. On Mondays a nine member crew is present. The crews are supervised by management employees daily, with Mr. Ellis as the permit qualifier who is present Monday through Thursday, and a smaller six man crew by Mr. Ellis' assistant on Fridays. In response to a question by Mr. Drum, Mr. Dorrill suggested that a sign be posted on the swing gate indicating the normal office hours and a number for public works emergencies. Mr. Dorrill will follow up on that immediately. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on April 20, 2005 Minutes - Lely Community Development April 20, 2005 Page 3 bara(S)l C. Recommendation to adopt Job Descriptions & 2005 Position Classification Ranges Mr. Dorrill handed out job descriptions and pay ranges he had prepared for the Board, and explained that the figures should be viewed as anticipated entry level salaries as well as maximum salaries to be expected for any given employee. Mr. Drum suggested that the field managers should be salaried as opposed to hourly employees. D. Review of District Maintenance Area Report Mr. Dorrill presented an inventory to the Board of areas that are or historically have been maintained by the District, and asked the Board to make a finding that the work that is being performed is serving a valid public purpose. This work was broken down into three distinct areas, and to add an item to the list would require a petition and a finding from the Board that the public would be served. A lengthy discussion was had regarding the District's responsibilities for the maintenance of the large trees and the problems that continue to exist with trimming roots and branches as well as post hurricane debris. The Board will appoint a committee to visit the areas in question before the next monthly meeting, and this issue will be re- addressed at that time. Mr. Bryant advised the Board that no further work should be done on the trees until such time as it is determined by the Board that it should or should not be a District responsibility. ATTORNEY'S REPORT A. Comprehensive Service Agreement Mr. Bryant distributed this agreement with the Classics to the Board the previous week, and suggested to the Board today that as Stock had not yet executed the agreement sent by the District, that once Stock signs off on it with all the additional entities they have placed on it, then the Board can review this new contract and make a decision as to what they wish to do. Mr. Bryant will advise Stock that the Board will review the new contract once it is received. B. Appraisal Report Litigation After reviewing all the areas of and theories of liability, and the expense associated with LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meetine of the Supervisors of Lely Community Development Held on April 20, 2005 Minutes - Lely Community Development April 20, 2005 Page 4 %0TW151 the litigation that would be involved, Mr. Bryant felt that going forward and winning may be more expensive than the expected recovery would warrant. On a MOTION by Harold Ousley and a second by Vera Orr, the Board unanimously agreed to take Board Counsel's advice and go no further with this litigation. C. Tax Collector Meeting Mr. Bryant advised the Board that he had met with Mr. Skinner regarding the $4,000 intangible tax bill the District had received. The Director of Special Assessments looked into Mr. Bryant's contention that the District was not responsible for those taxes as a sub- division in the State of Florida, and he agrees with Mr. Bryant. The Tax Collector, Mr. Carlton, will be advised, and the $4,000 will no longer be assessed to the District. D. Pedestrian/bicycle Signage Mr. Bryant is waiting for a return call from the Department of Transportation for the County to discuss the kind of signage that should be used. He will follow up with them if his call is not returned in the very near future. SUPERVISOR'S REQUESTS A. Front Entry Ms. Tiefenbach indicated that the work in and around this area is ongoing. B. Saratoga Dirt The dirt is being hauled out and being used for various projects, and the pile should be depleted fairly soon. C. Chemical Building Mr. Bryant advised the Board that he had spoken to one of the construction supervisors and was told that the building is now in permitting, which is apparently where the holdup is occurring. Mr. Dorrill will follow up. LELY COMMUNITY DEVELOPMENT DISTRICT �$ Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on April 20, 2005 Minutes - Lely Community Development April 20, 2005 Page 5 D. Horse Monument Renovations will begin very soon as the season is over. E. Landscape of Medians Mr. Drum suggested that since the threat of a possible six lane highway seems to be over, that a new look should be taken at enhancing the medians. Mr. Bryant suggested that Gulfcoast University may have a Landscape Engineering Section that may be interested in taking on the project. Mr. Dorrill suggested that a landscape contractor be contacted to prepare some concept sketches. Mr. Dorrill will check with Mr. Ellis for possible contractors, and have them prepare some options for the Board. F. Election Process Mr. Bryant responded to a question from Mr. Drum about the possibility of rolling the elections into '06 to avoid costs associated with putting on an election in an odd year. Mr. Bryant indicated that under the new legislation, the Board can vote to extend the terms of those who would fall in the odd numbered years so they would correspond with the election cycle. As soon as the research is completed, Mr. Bryant will advise the Board. G. Lely Island Boulevard Mr. Drum reported that the asphalt is breaking down on this road on both sides and needs some urgent repair. Mr. Dorrill will inquire with the County as to what the plans are for that road, but there has been some changes as the County is now utilizing the services of a consultant, who is making those decisions this year. Mr. Dorrill will keep the Board advised. H. Players Club Mrs. Orr advised the Board that the swimming pool entrance at the Players Club is not closed or locked in the evening, and was concerned about safety issues with the high school students using it after hours. Stock Development will be advised and will take steps to assure the entrance is closed up after hours. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on April 20, 2005 Minutes - Lely Community Development April 20, 2005 Page 6 for ats I. Wackenhut Staffing A member of the Board commented on the excellent job Wackenhut has been doing on weekends at the Lely Horses monument. The Board discussed the idea of decreasing the amount of weekend coverage by Wackenhut, and decided to revisit this item next month once season is completely over to see what the needs are. J. Traffic Light on 951 The Board discussed drafting a resolution to the County Commission indicating the serious safety hazard that exists at this intersection. Mr. Bryant suggested that one of the findings should be the failure of the County Manager to place the light. On a MOTION, a second and unanimous approval, Mr. Bryant was authorized to draft a strongly worded resolution regarding the need for the light. Mr. Dorrill advised the Board that he feels the key is to have Ms. Fiala ask Mr. Mudd to allow DiVosta to build the light now and have it on a stand -by activation mode, as they have done at the entrance of their new park. Mr. Bryant will do a public records request regarding DiVosta's responsibility for the light, and additionally ask for a copy of the warrant study. The Board will be kept advised. PUBLIC COMMENT Mr. Tremball from Lely Island Estates asked about security and the pattern of patrol. He also inquired about the signs in his community and when they could expect them to be painted. A member of the public asked when the entrance to Lely at Wildflower could expect to have some landscaping done. He was advised that Wildflower may be widened by Stock Development, and once that is determined the area will be assessed. This topic will be brought up in the summer capital budget presentation for next year. MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT After an agreement that the May meeting would be held on the 18th, the meeting was adjourned on a MOTION, a second and unanimous approval at 4:00 p.m. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Rezular Meetinz of the Supervisors of Lely Community Development Held on May 18, 2005 I(aTt[e)i A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, May 18, 2005 at 10:00 a.m. at the LCDD Maintenance Building. Supervisors Present: Robert Fisher, Chairman Harold Ousley, Vice - Chairman Vera Orr, Treasurer Ronald Moore, District Supervisor Kenneth Drum, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE Invocation led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL /APPROVAL OF AGENDA After an indication that the meeting had been properly advertised, that an affidavit was on file in the Association office at 5672 Strand Court, and a quorum being present, the following items were added to the Agenda: Under Supervisors Requests: 6A, Wackenhut, 6B, Tax Collector and 6C, Horse Update. Under Attorney's Report, 5A, review of Resolution. On a MOTION by Harold Ousley and a second by Ronald Moore, the agenda with the additions was approved unanimously. APPROVAL OF APRIL 20, 2005 REGULAR MEETING MINUTES With the correction of the speaker being from Tiger Island under public comment on Page 6, the minutes were approved on a MOTION by Kenneth Drum and a second by Ronald Moore. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on May 18, 2005 Minutes - Lely Community Development May 18, 2005 Page 2 MANAGER'S REPORT Nat Xfi)i A. Acceptance of FY 2004 Final Audit, Management Assessment & Budget Amendment Mr. Dorrill re- introduced Mr. Phillips from the firm of Wentzel, Berry, who gave the Board the results of the final audit and the required Management Assessment letter and associated Budget Amendment. The negative equity section was discussed, with a change to a minus 4.7 million due to a re -look at, the depreciation of the 19 million under capital assets. A footnote addition was made indicating the conveyance of the property to the County, and the report will a mpanied by a cover letter when sent to the bond company. A discussion wa ong the Board members regarding the development of the lakes and their asset v , and the fact that a portion of the lake fill was used to develop the community. Mr. Bryant is continuing to research this item, and Mr. Dorrill will provide the Board in their next agenda package with the additional detail provided by the engineer on this issue. Further, the Board was advised that it was the responsibility of Wilson, Miller to assure that when Lely requested a draw on the bond, it was being spent pursuant to the initial engineering report, and those documents have been requested. In response to a question regarding the District's bonding ability, Mr. Dorrill advised the Board that there is a section in the Statutes with regard to the ability to levy a millage. Mr. Bryant indicated that the Board has three different ways according to Chapter 190 to do borrowing, and bonds are included. Mr. Phillips also advised the Board that the adjustments to the Bond Amendment were made, the change being a change to 2 million under Principal Retirement. On a MOTION, a second and unanimous approval, the audit was accepted, and the Budget Amendment was approved, recognizing the change to the debt service fund. B. Further Review of District Maintenance Areas The Board had a further discussion concerning areas throughout the Community that are maintained by the District. Ms. Orr had participated in a drive through of all areas in question. Several members expressed the concern that the District should be consistent in their policy on this issue. On a MOTION, a second and unanimous approval, Mr. Dorrill was directed to advise the Group I Associations that the District will transfer this responsibility effective Jan 12006. toorv- OF LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors Of Lely Community Development District Held on May 18, 2005 Minutes -Le y Community Development District May 18, 2005 Page 3 ATTORNEY'S REPORT A. Chemical Storage Facility Mr. Bryant provided a brief explanation to the Board regarding the progress of the construction. All insurance certificates are on file and the notice of commencement has been received for the project. B. 951 Traffic It was reported that the Grand Lely Boulevard construction will begin within the next few weeks and the connection to Rattlesnake Hammock Road should be completed this year. This will necessitate the completion of the traffic light at the entrance at 951. A MOTION was made, seconded and unanimously approved to authorize Mr. Fisher to execute a resolution to the Commission advising them that the Board of LCDD is in favor of this action. On a related matter Mr. Bryant further advised the Board that the County Commission is setting a poor precedent by advising developers that they can improve a road to their own specifications if they pay for it. The above motion included direction to Mr. Bryant to get a copy of the opinion letter on this issue from the County Attorney's office concerning the US 4.11 Collier Blvd. interchange. C. Service Agreement Mr. Bryant reported that after having written two letters to Stock's counsel there still has been no response from them and the Board authorized Mr. Bryant on a MOTION, a second and unanimous approval to write a letter to Stock's counsel advising them that the water will be turned off on July 1, 2005 unless a signed agreement is received from them before that date. Aper") I LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on May 18, 2005 Minutes - Lely Community Development May 18, 2005 Page 4 SUPERVISOR'S REQUESTS A. Wackenhut Mr. Ousley indicated that he had spoken to Chris Porta regarding security, and the possibility of hiring him to handle or participate in District security once the Wackenhut contract expires. The Board discussed the possibility of making him an employee, and what the license and liability issues would be. Mr. Dorrill will discuss these issues with him and report to the Board at the next meeting. B. Horse Update Renee Tiefenbach was not present at the meeting, but the work on the horses has not yet started. Mr. Ellis will communicate to those doing the work that the area has been newly planted and care should be taken not to disrupt them if possible. C. Security Concerns Mr. Dorrill advised the Board that he spoke to Mr. D'Agata of Wachenhut earlier this year about installing monitoring /patrol stations to insure safety in specific areas of the District. Mr. Dorrill will look into this for the Board. D. Tax Collector Mr. Moore asked Mr. Bryant that as Mr. Skinner has excused the $40,000 tax bill for the preceding tax year, was it possible to retrieve the monies paid in over the past several years. Mr. Bryant will talk to Mr. Skinner and see if the District has been billed and paid in the past on this item, MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT After an agreement that the June meeting would be held on the 15th at 1:30 p.m., the Meeting was adjourned on a MOTION and a second at 11:30 a.m. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Resular Meeting of the Supervisors of Lely Community Development Held on June 15, 2005 I 10T) 0 (6) 1 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, June 15, 2005 at 1:30 p.m. at the LCDD Maintenance Building. Supervisors Present: Robert Fisher, Chairman (via speakerphone) Harold Ousley, Vice - Chairman Vera Orr, Treasurer Ronald Moore, District Supervisor Kenneth Drum, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL /APPROVAL OF AGENDA After an indication that the meeting had been properly advertised, an affidavit being on file in the Association office at 5672 Strand Court and a quorum being present, the following items were added to the Agenda: Under Supervisors Requests: 6A, Cleanout of Drainage ditches and weirs, 613, Electric Sign at Veranda, 6C, Emergency center on Cultural Boulevard, 61), Overpass at 41/951 Proposal, 6E, Front Entrance Signs, 6F, Lely Horses Monument, 6G, Need for Executive Session, and 6H, Private Security Contract. Under Attorney's Report, 5A, Developer Construction Agreement. On a MOTION by Ronald Moore and a second by Vera Orr, the agenda with the additions was approved unanimously. APPROVAL OF MAY 18, 2005 REGULAR MEETING MINUTES Under Item B on Page 2, the correction of Group 3 Associations to read all associations involving cul -de -sacs or landscape berm, and with the use of the word "held" rather than "had" on the 8t" line of Item A on Page 2, the minutes were approved on a MOTION by Kenneth Drum and a second by Ronald Moore. I TZ(S LELY COMMUNITY DEVELOPMENT DISTRICT f Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on June 15, 2005 Minutes - Lely Community Development June 15, 2005 Page 2 MANAGER'S REPORT A. Review Status of Comprehensive Service Agreement Mr. Dorrill advised the Board that neither he nor Mr. Bryant had received a response from Stock Development in response to the letter sent to Stock's counsel after the May meeting. Mr. Bryant expressed his surprise at the lack of response, and after a brief discussion among the Board members regarding the entities involved in the Lely land ownership, it was agreed that the Board would follow through with the July 1 turnoff date if a signed agreement is not received before that time. A MOTION was made by Kenneth Drum and seconded by Ronald Moore instructing Mr. Bryant to notify Stock that an agreement executed by Stock or by Stock and the other entities must be received by the previously indicated date, or the turnoff will occur. It passed unanimously. A second MOTION was made by Kenneth Drum, seconded by Ronald Moore and unanimously approved to authorize Mr. Dorrill to follow the Board's direction, and if an agreement is received, to hold off on the water turnoff until the July meeting when the Board will again meet and determine if the agreement meets their criteria. B. Presentation of Tentative FY 2006 Budget Mr. Dorrill briefly explained the contents of the proposed budget that the Board members had received copies of the previous day. Budgeted amounts include three new trucks, the amount needed to complete the maintenance building, salary and insurance premium increases, and the undertaking of median renovations. The overall budget represents a 6 percent increase. Mr. Dorrill will meet with the tax collector's office regarding their proposed fee of $50,000 in an effort to clarify the significant increase. The Board will be asked to accept the budget at the regular August meeting. A MOTION was made by Ronald Moore, seconded by Harold Ousley and unanimously approved to accept the tentative budget for 2006. LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on June 15, 2005 Minutes - Lely Community Development June 15, 2005 Page 3 ATTORNEY'S REPORT A. Developer Construction Agreement This matter was discussed under the Manager's Report. B. Executive Session Mr. Bryant advised the Board that he will be asking for an Executive Session to be held at the conclusion of the July meeting to provide direction to him regarding the Volpe matter. C. 951 Roadway Update Mr. Bryant reported that he had received the opinion from the County Attorney's office and again requested the pertinent files in an effort to ascertain what the County is relying upon to provide the Board with the opinion and direction. After further discussion, the Board made the decision to drop any further pursuit of this issue, and a MOTION was made, seconded and unanimously approved to that end. SUPERVISOR'S REQUESTS A. Cleanout of Drainage Ditches Mr. Drum discussed the need for an inspection and possible cleanout of the drainage ditches and weirs in preparation for possible storms and any accompanying rising water. Mr. Dorrill asked the community members to advise him of any chronic draining problems, and those pipes will be examined and cleaned out. B. Electricity for Veranda Sign Mr. Drum asked about the procedure for getting electric service to the sign at the Veranda, and was advised about the permitting process and the cost of installation. Mr. Dorrill reminded the Board that a decision had been made to no longer provide certain services, and the Board agreed that consistency was needed. Mr. Dorrill will evaluate the situation further, and will send a notice to all the communities advising them that as of January of 2006 all cul -de -sac, berm and up lighting will now be at the expense of the I (P 3: LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on June 15, 2005 Minutes - Lely Community Development June 15, 2005 Page 4 individual neighborhood associations. He will keep the Board advised as it relates to the Veranda. C. Potential EOC on Lely Cultural Boulevard Mr. Drum advised the Board that the EOC will possibly be built on Cultural Boulevard, however, with the problems that exist with that location, Mr. Drum felt it would not work. Mr. Stock will be meeting with the County Manager the following week to determine if the EOC building could be built in connection with a County library at that location. Mr. Drum asked Mr. Dorrill to express the Board's concern over this location, and a MOTION was made by Vera Orr and seconded by Robert Fisher to have Mr. Bryant prepare a resolution opposing the EOC on the library parcel, and passed unanimously. D. 41 -951 Overpass Mr. Drum reported on the progress of the overpass concept at this location, and the likelihood of this happening. The County has identified approximately 23 locations that would benefit from an overpass. Mr. Drum will keep the Board advised as the these discussions progress. E. Front Entrance Signs Mr. Drum asked about the maintenance of the front entrance signs and the Association's obligations, and it was agreed that the Board's actions this morning regarding individual neighborhood responsibilities applies in this case. Mr. Dorrill will send a letter indicating that the District is responsible for the maintenance of the grass only. F. Lely Horses Monument Mr. Ellis gave an update regarding the monument, indicating that the Stock engineer has been given the necessary paperwork to begin his part of the improvement. Mr. Dorrill will again make the offer to Stock to take over the maintenance of the monument in an effort to demonstrate the District's interest in getting the work accomplished in a more timely manner. He will keep the Board advised. LELY COMMUNITY DEVELOPMENT DIST C Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on June 15, 2005 Minutes - Lely Community Development June 15, 2005 Page 5 G. Executive Session This item was previously covered under Mr. Bryant`s report. H. Private Security Contract A member of the Board inquired about the possibility of Stock assuming a portion of the cost responsibility for Wackenhut security coverage. There is some concern regarding liability in certain areas, most notably the shopping center. Mr. Dorrill also advised the Board that the current security officer has indicated that he might like to be the District's permanent contractor, although his proposal is higher than the District is presently paying. Mr. Dorrill indicated that no additional direction is necessary at this time. PUBLIC COMMENT A resident of Saratoga discussed the tree line behind their neighborhood and the need for the trees to be cut back. They are large enough to require specialized equipment for trimming. Mr. Dorrill indicated that while grass beneath the trees is being cut, they are in a common area for the community and outside the District's responsibility. Mr. Dorrill further suggested that the corporate Lely office be notified regarding ownership of that property and the appropriate maintenance. Mr. Wayne Smith from Calumet Reserve asked if the Board had budgeted an amount of money for plants and landscaping along Wildflower Way, and was advised that a final decision would be made on that area in August. Mr. Dorrill will provide Mr. Smith with a supplemental budget for informational purposes. MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT After an agreement that the July meeting would be held on the 20`x' at 1:30 p.m., the Meeting was adjourned on a MOTION and a second at 3:20 p.m. /(Paw( LELY COMMUNITY DEVELOPMENT DISTRICT 13)) Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on July 20, 2005 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, July 20, 2005 at 1:30 p.m. at the LCDD Maintenance Building. Supervisors Present: Robert Fisher, Chairman Harold Ousley, Vice - Chairman Vera Orr, Treasurer Ronald Moore, District Supervisor Kenneth Drum, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL /APPROVAL OF AGENDA After an indication that the regular monthly meeting and the Executive Session had been properly advertised, affidavits being on file in the Association office at 5672 Strand Court and a quorum being present, the following items were added to the Agenda: Under Manager's Report, 4B, Landscape Proposals, and 4C, HOA Letter. Under Supervisor's Requests, 6A, Employee ID update, 613, Weekly Management Report, 6C, Horses Update, 61), 951 Light. 6E, Lakes/Fountains, 6F, Bob Berlam Letter, 6G, Lely Island Boulevard. On a MOTION by Ronald Moore and a second by Harold Ousley, the agenda with the additions was approved unanimously. APPROVAL OF JUNE 15, 2005 REGULAR MEETING MINUTES Under Public Comment, with the correction of Saratoga to Pinnacle Court , the minutes were approved as amended on a MOTION by Harold Ousley and a second by Vera Orr. I&J'alls)l LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on July 20, 2005 Minutes - Lely Community Development July 20, 2005 Page 2 MANAGER'S REPORT A. Recommendation to approve FY 2005 Audit Service Agreement Copies of the standard form agreement for audit services for Wentzel, Berry were provided to the Board, with a recommendation from Mr. Dorrill that the Chairman be authorized to sign the retainer agreement for the 2005 fiscal year audit. On a MOTION by Ronald Moore and a second by Harold Ousley, the Service Agreement was unanimously approved. B. Landscape Proposals Mr. Dorrill gave a brief recap of the work that is to be done on the renovation of the medians, which is a $100,000 line item in the coming year's budget. This amount will most likely be repeated in future years' budgets. Proposals have been received from J. Rowland Lieber for $8,000, and JoAnn Smallwood for $6,900. Conceptual drawings will be done in order to give the Board an idea of what the medians will look like upon their completion. Mr. Dorrill recommended that the Smallwood Designs proposal be accepted and that the associated transfer be made from the contingency fund, and on a MOTION by Ronald Moore, a second by Harold Ousley and unanimous approval, the Smallwood proposal was accepted. ATTORNEY'S REPORT A. Comprehensive Service Agreement Mr. Bryant previously provided copies of the agreement to the Board members, and indicated that it was exactly like the January approved agreement, with the addition of the caveat that as Stock takes down parcels of property in the Classics West, those parcels will become part of this agreement. Mr. Stock has agreed to execute any needed agreements to further the position of the Board. Ms. Orr expressed a concern about double assessments, and Mr.Dorrill suggested that Mr. Stock be advised that the Board would like a clarification of the intent behind the mechanism that will be utilized, so those that currently pay a CDD assessment will not pay an identical homeowners service fee. LELY COMMUNITY DEVELOPMENT DISTRICT *-Talis)l Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on July 20, 2005 Minutes - Lely Community Development July 20, 2005 Page 3 B. Chester 190 Change Mr. Bryant advised the Board that a change been made in the pertinent statute regarding elections, and the District elections can now be held in conjunction with the general elections. At a meeting with the Supervisor of Elections, they agreed that it is financially beneficial to the District, and signed off on the change. Mr. Bryant prepared a resolution for the Board's consideration, with seat one being up for election in 2008, seat t-%vo in 2006, seat three in 2008, seat four in 2006, and seat five in 2008. On a MOTION, a second and unanimous approval, the resolution was approved, and Mr. Bryant will provide a copy to the Supervisor's office to enable them to adjust their records. SUPERVISOR'S REQUESTS A. Employee I.D. Mr. Dorrill provided a brief background of the recent employee resignations and subsequent verification of worker status. He indicated that all required Social Security and/or immigration cards are copied and kept in the employee and payroll files. In the future all information will be verified as valid with the assistance of the payroll provider, ADP. B. Weekly Management Report Mr. Fisher asked if the Board could receive a weekly report of operational activity. Mr. Dorrill asked if the report could be bi- weekly and sent via E -mail for major areas of Board interest. The Board agreed, and the first report will be issued before the end of the month. C. HOA Letter Mr. Dorrill reported on the letter being sent to the involved homeowner associations Regarding the Board's intent to cease common area maintenance on those parcels that are owned by or within a homeowner or condominium association, effective January 2006. The Board approved the content of the letter, which will be sent immediately. LELY COMMUNITY DEVELOPMENT DISTRICT 1(p i Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on July 20, 2005 Minutes - Lely Community Development July 20, 2005 Page 4 D. US 41 Update (At this point the tape skipped and resumed recording below.) E. Lakes /Fountains A brief recap was made of the condition of the western entry lake along US 41. Mr. Ellis indicated that a major hydrilla bloom has been experienced, and the District has contracted with Aquatic Systems to have the lakes sprayed. The Board will be updated on this issue prior to the next meeting. F. Berlam Letter A resident of Lely Island Estates made a presentation to the Board concerning unpermitted work occurring in his community that affects the District. A contractor has filled a vacant lot without the required County building permits, that has resulted in large quantities of fill washing into the adjacent lake. Mr. Dorrill and Mr. Berlam indicated that there is an active code enforcement case that the County is involved in concerning this activity. A MOTION was made send a letter to the County asking that the District be kept advised as to the status of and corrective action on this situation. G. Lely Island Boulevard Lely Island Boulevard is in need of continuing repair following the most recent resurfacing, and Mr. Dorrill will follow up with the County and ask them to notify the contractor who did the resurfacing work, and advise them of the Board's concerns. PUBLIC COMMENT A member of the Board of Calumet Reserve asked the Board if the area between the Sidewalk and the ditch on Wildflower Way has been addressed, and was advised that it was under consideration for planting. Mr. Dorrill indicated that he was including a line item for Queen Palms for this area in the 2006 budget to be formally approved the following month. Ilo�' a � LELY COMMUNITY DEVELOPMENT DISTRICT (is) Naples, Florida Minutes of the Regular MeetinE of the Supervisors of Lely Community Development Held on July 20, 2005 Minutes - Lely Community Development July 20, 2005 Page 5 MISCELLANEOUS CORRESPONDENCE None offered. ADJOURNMENT The meeting was adjourned on a MOTION by Harold Ousley, a second by Ronald Moore and unanimous approval at 3:00 p.m. *TNWar(6)1 LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on August 17, 2005 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, August 17, 2005 at 1:30 p.m. at the LCDD Maintenance Building. Supervisors Present: Robert Fisher, Chairman Harold Ousley, Vice - Chairman Vera Orr, Treasurer Ronald Moore, District Supervisor (Via speakerphone) Kenneth Drum, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney BfpaeNi zy,�ck -De e-1 pment INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL/APPROVAL OF AGENDA After an indication that the regular monthly meeting had been properly advertised, the affidavit being on file in the Association office at 5672 Strand Court and a quorum being present, the following items were added to the Agenda: Under Supervisor's Requests, 6A, Lely Horses update, 6B, Update on entry lake off 41, 6C, Stock landscaping and sign plans for Wildflower Way, paving on Lely Cultural Drive; 6D, Bond issue on unfinished streets, 6E, Chemical Building, 6F, Yearly Crime Statistics, 6G, Phasing service agreement, 6H, Microphones at desks, and 6I, the Classics Bond Debt. On a MOTION by Kenneth Drum and a second by Harold Ousley, the agenda with the additions was approved unanimously. APPROVAL OF JULY 20, 2005 REGULAR MEETING MINUTES Under Manager's Report, Item A, Mr. Dorrill clarified that he executed the retainer agreement for the 2005 audit based on the Board's authorization. Under Item F on Page 4, the motion was made by Mr. Moore and seconded by Mr. Ousley that a letter be sent by Mr. Bryant to the developer and the property owners regarding the need to remedy the LELY COMMUNITY DEVELOPMENT DISTRIC �`� Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on August 17, 2005 Minutes - Lely Community Development August 17, 2005 Page 2 situation, and that the LCCD will take appropriate action if this is not done. The County should also be notified and asked for updates. Under Attorney's Report on Page 2, Ms. Orr will craft a sentence to further clarify her concerns, and it will be inserted into the minutes at the point where those concerns were noted. With those corrections and additions, the minutes were approved on a MOTION by Harold Ousley and second by Kenneth Drum. MANAGER'S REPORT A. Public Hearin, and Adoption of FY 2006 Budget Mr. Dorrill distributed copies of the operating capital and debt service budgets reflecting the Board's previous direction. A memorandum was also distributed which calculated based on year to date and actual audited carry forward funds from 2005 what the beginning fund balance should be at close of business in September. The increase in the budget this year is essentially attributed to the landscape median renovation project and storage building construction, which will begin within the week. The bottom line increase in the operating assessment is $15.00 per dwelling unit, up to $541. The number of assessable units in 2006 will be 3,397. Mr. Drum asked about the loss of assessments due to the area purchased by the School Board for a future elementary school, and was advised that the irrigation, lake and storm water operation costs and administration costs with a 10 percent add on will be invoiced to the School Board for that area. Mr. Dorrill will include the letter and invoice to them in next month's agenda package for the Board's information. An estimate for $73,500 for the extensions to the irrigations system and landscaping on Wildflower Way has been prepared, and if Stock Development has not begun this work by this point next year, the work can be authorized and contingency funds can be used. It will not be included in the coming year's budget. In response to a question regarding the nearly double increase in the bill from the Tax Appraiser's office, Mr. Dorrill advised the Board that by statute, the property appraiser is a fee officer, and he has wide discretion as to what his fees need to be in order to meet his budget. Mr. Dorrill will contact that office and ask for a explanation on the increase. I (Ora LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on August 17, 2005 Minutes - Lely Community Development August 17, 2005 Page 3 A MOTION was made by Kenneth Drum and seconded by Harold Ousley to accept the Budget. Mr. Dorrill then opened the public hearing by asking if members of the public had any questions concerning the Budget. A resident inquired if this was the only opportunity to speak on the Budget, and Mr. Dorrill indicated that the District had held a special workshop on the Budget during the June meeting. The Public Hearing was then closed, and the Budget was unanimously approved. B. Authorization of FY 2006 Cost of Living_ Adjustment Mr. Dorrill asked for an approval on the 3 percent cost of living increase for the 15 employees of the District, and also provided information regarding those long term employees whose current base salary exceeds the maximum pay range previously approved by the Board. Mr. Dorrill advised the Board of the various titles for employees, and he will ask for approval of the descriptions and the pay plan at the October meeting. Mr. Drum felt that benefits should be given to certain employees separate and apart from salaries, and Mr. Dorrill assured him that the pay ranges do not include other non - monetary compensation. The management employees are the crew leader and above, and they are salaried and exempt from overtime. Mr. Dorrill will provide a range of monthly salaries rather than hourly for the Board's information. Mr. Moore requested that the Board not take action on this item until the September meeting. ATTORNEY'S REPORT A. Comprehensive Service Agreement Mr. Dorrill and Mr. Bryant had a conference call with the attorneys for Stock, and he presented the additional language that has been inserted in the agreement to assure that there will be no double billing. Stock's attorneys indicated that since Lely Development Corporation would not participate in the agreement, that it must be the Master Homeowner's Association as opposed to the Classics, as Lely still owns part of the real estate where the Classics is being built. Stock's attorneys agree that it would be a breach of their fiduciary relationship with the Board of the Master Homeowner's Association, as the CDD members have already paid for that share. Mr. Dorrill explained Stock's reasoning in wanting only one HOA for the entire DRI, and their plans to bill two *=a6s), LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on August 17, 2005 Minutes - Lely Community Development August 17, 2005 Page 4 separate assessments through the Master, with a higher one for those owners who have the benefit of the guard gate. The Board indicated their fear that in the future a uniform single assessment would be imposed, and Mr. Bryant will go back to Stock's attorney and ask that clear language be put in the document indicating that those services provided to the Classics area will never be charged to the CDD, nor will the CDD ever be responsible for any of the special benefits that the Classic's individuals receive, that the document acknowledges the two - tiered MHO Association payment arrangement, and that any deviation from that agreement would be grounds for termination. Mr. Bryant will keep the Board advised as to his further discussions with Stock. At the appropriate time an agenda item will be added regarding the phase in of services. B. Response to Volpe Letter Mr. Bryant advised the Board that as of yet no response had been received from Mr. Volpe's counsel, but he expects a reply before the next Board meeting. C. Star Tulip Court - Berlam Complaint Mr. Bryant reported that he and Mr. Ousley had walked the site before today's meeting, and found that the sign was down and no permit was pulled as of yet. A meeting is planned for the following week with the builder at the site to discuss how the issue will be resolved. Mr. Bryant will keep the Board advised. D. Resolution to Commission re: 951 Light The resolution has been sent to the County Manager, with a copy to Commissioner Fiala, and Mr. Bryant also reviewed the public records response at the Transportation Department and found that there was very little information in it. Another letter has been dictated to the Department asking for any other traffic analyses that are available for that intersection. Once this has been placed on the Agenda, Mr. Bryant suggests that a Board member should attend the meeting with him to voice the District's concerns. E. EOC Resolution The Resolution has been drafted, and Mr. Bryant asked the Board if they were still interested in sending it, as it seems probable that the library will not be lost. After a discussion among the members of the Board, it was agreed that as long as the schedule is not altered for the building of the library, that other locations have been considered and LELY COMMUNITY DEVELOPMENT DISTRICT T�(48)1 Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on August 17, 2005 Minutes - Lely Community Development August 17, 2005 Page 5 that there is compatibility between the two b4ildings, the Board has no objections. Mr. Bryant will forward a resolution to the to that effect, with an additional indication that in the future the Board wants to be advised of plans that will impact the District. F. Supervisor of Election Resolution The Resolution was sent regarding District elections, and the Supervisor's office contacted Mr. Bryant, advising him that the elections will be rescheduled to fall within the general election parameters. G. Fertilizer Building_ Construction Status Mr. Bryant spoke with the field superintendent from Bradanna, and was advised that the problem was with the holdup at the Permitting Department. The permit has now been issued, and building construction is going forward at the original contract price. SUPERVISOR'S REQUESTS A. Lely Horses A representative of Stock Development indicated that the permitting process has held up the work due to the need to connect the sidewalks and the culvert that will have to be installed. Stock's attorneys are working with the County to solve this problem. Mr. Drum indicated that the problem with the public climbing on the monument is ongoing, and unless this is addressed there will continue to be damage, problems with maintenance and possible injuries. It was agreed that the ongoing security issues would be handled by the Master Association, and the Board will be kept advised. B. Entry Lakes Hydrilla Problem Mr. Ellis advised the Board that the weeds were sprayed the previous week, with a follow up spray to occur within the next three to four weeks. The process is slow but effective, and the Board will be kept advised. C. Wildflower Way /Stock Plans/Bonds The projected time for road completion is 12 to 18 months. Mr. Drum asked about the LELY COMMUNITY DEVELOPMENT DIST Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on August 17, 2005 Minutes - Lely Community Development August 17, 2005 Page 6 bonds that were issued years ago to do all the streets in Lely Resort as it relates to the unfinished streets that now exist, and whether new bonds will have to be issued or if there is a plan to extend the payoff time for the existing bonds. Mr. Dorrill indicated that no bond money was used to build Lely Cultural Boulevard as it is outside the District, and the same is true for future improvements to Wildflower Way. Mr. Drum also inquired as to whether residents could be charged for the completion of either one of those streets, and Mr. Dorrill advised him that it would be Stock's responsibility according to his understanding, and with County SDP approval. D. Yearly Crime Statistics Mr. Dorrill will arrange for a visit from the Sheriff's Office to provide the Board with an annual update on area crime. E. Microphone /Communications Improvement Mr. Dorrill will check on the most efficient, cost effective method to improve this, and if the cost exceeds $2,000, he will return to the Board for discussion. PUBLIC COMMENT Mr. Jerry Gaskin asked about the upkeep of Wildflower Way and asked that it be mowed more frequently during the summer months if possible. Mr. Ellis indicated that this area is maintained monthly. MISCELLANENOUS CORRESPONDENCE An estimate prepared by Jerry Ellis was provided regarding the irrigation system and landscaping. ADJOURNMENT With the agreement that the next meeting would be held on September 21, the meeting was adjourned on a MOTION, a second and unanimous approval at 3:20 p.m. 1(pra48), LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 21, 2005 A regular meeting of the Supervisors of Lely Community Development was held on Wednesday, September 21, 2005 at 1:30 p.m. at the LCDD Maintenance Building. Supervisors Present, Robert Fisher, Chairman Harold Ousley, Vice - Chairman Vera Orr, Treasurer Ronald Moore, District Supervisor Kenneth Drum, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager David Bryant, Esq., District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in unison. ROLL CALL /APPROVAL OF AGENDA After an indication that the regular monthly meeting had been properly advertised, the affidavit being on file in the Association office at 5672 Strand Court and a quorum being present, the following items were added to the Agenda: Under Supervisor's Requests, 6A, Street Sign straightening, 613, Security, 6C, Stock/ Wildflower Way, 6D, Sidewalk Bicycle Signage. Under Attorney's Report, 5A, Update on EOC, and 513, Lot Erosion. On a MOTION by Kenneth Drum and a second by Ronald Moore, the agenda with the additions was approved unanimously. APPROVAL OF AUGUST 17, 2005 REGULAR MEETING MINUTES With the exclusion of Mr. Spivey under Also Present, and the correction of EOC to CCC under item E on Page 5, the minutes were approved a motion by Mr. Moore, a second by Ms. Orr and unanimous approval. LELY COMMUNITY DEVELOPMENT DISTRIC :rNa 1 Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 21, 2005 Minutes - Lely Community Development September 21, 2005 Page 2 MANAGER'S REPORT A. Smallwood Landscape Presentation for Median Design Mr. Dorrill advised those present that there is $100,000 in this year's budget to begin the multi -year process of renovating the medians along Lely Resort Boulevard and Grand Lely. Smallwood Design was engaged to prepare some schematic alternatives for the Board's consideration, and Joann Smallwood and members of her firm made a presentation to the Board, outlining the various possibilities available and the attendant costs. After a brief discussion among the members of the Board, it was agreed that further thought and discussion was needed before a decision is made, and the Board will advise the design firm of their decisions at the October meeting. B. Recommendation to Approve Fleet Purchases for FY 2006 Budgeted Replacements Mr. Dorrill directed the Board's to Tab A in the agenda, a memo summarizing the recommended fleet purchases. The Explorer, Ford Taurus and two pickup trucks can be purchased at a several thousand dollar savings by taking advantage of the County fleet bid. The 2005 government contracts for maintenance will remain in place. The sale of the surplus vehicles will offset the purchase price of the new ones to a great extent. After a discussion among the Board members, it was agreed to keep the existing Explorer for use as a security vehicle, and award the bid to Tamiami Ford for the remaining three Vehicles. The existing vehicles were declared surplus, and Mr. Dorrill was authorized to get the lowest financing from the available sources. A MOTION was made by Ronald Moore and seconded by Harold Ousley to that effect, and passed unanimously. C. Review of Employee Health Benefits & FY 2005/6 Pay Plan Discussion Mr. Dorrill reminded the Board that a 10 percent increase had been contemplated in the group health insurance policy, and that the Blue Cross /Blue Shield renewal premium increase was only 1 percent, from $4,453 to$4,506 monthly. On a MOTION by Ronald Moore, a second by Harold Ousley and unanimous approval, the increase was approved. Mr. Dorrill also asked the Board to consider the budgeted 3 percent cost of living increase and to approve the year end bonus. The Board discussed the role of management and the perks and responsibilities that attach to it, and Mr. Dorrill explained the vehicle usage for LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 21, 2005 Minutes - Lely Community Development September 21, 2005 Page 3 the top two salaried employees of the District work force, and indicated that the pay ranges are competitive and appropriate. On a MOTION by Ronald Moore that the pay increases be approved, with the caveat that anyone above the range does not receive the 3 percent increase, while those below the range do receive it. The motion was seconded by Harold Ousley and unanimously approved. Mr. Dorrill will discuss year end bonuses with the Board at the December meeting. D. Crime Statistics Report CCSO At Mr. Drum's request, a custom crime statistic run was done for the entire community, for all of 2004 and 2005 year to date. Mr. Dorrill reported that the overall crime is very minimal, and although the East Naples Substation commander was unable to attend the meeting today, he will attend the October meeting if the Board would like to discuss crime issues with him. Mr. Drum asked whether reports are generated for vandalism at the Horses Monument, and how many speeding tickets have been issued in the District. Mr. Dorrill advised the Board that he had spoken to the Sheriff's Office regarding the areas that need extra patrolling. The Board agreed that a visit from the Sheriff's Office at the October meeting to discuss the various issues of concern would be appropriate. E. Discussion to encase Wentzel, Berry & Phillips as outside Auditors for FY 2005/06 Mr. Dorrill advised the Board that he appreciated the high level of service received from the outside auditors, and recommended that their agreement be renewed for 2005/06. On a MOTION by Ronald Moore, a second by Harold Ousley and unanimous approval, that agreement was renewed. ATTORNEY'S REPORT A. EOC Resolution Mr. Bryant thanked the Board for their feedback which has been incorporated into the Resolution, and advised them that he had provided hand delivered copies to the Board of County Commissioners as well as the County Manager, and had spoken to Commissioners Halas and Fiala about the Lely Board's feelings before the meeting. The presentation was well received, and he was advised by Mr. Mudd that the fund had been allocated in the 2006 Capital Improvement budget. Some time after the meeting, W373rtB)l LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 21, 2005 Minutes - Lely Community Development September 21, 2005 Page 4 Commissioner Henning indicated that he wished to see the Golden Gate library built first. There is planning work that has yet to be done, but Mr. Bryant advised the Board that a close eye needs to be kept on this issue, with continuing resolutions and discussions with the Commissioners. Mr. Drum advised the Board that the EOC is now part of the ESC, and Mr. Bryant again urged the Board to maintain their vigilance to assure that the needs of the District residents are met in this regard. B. Lot Erosion Mr. Ousley and Mr. Bryant met with the builder where =as as.running into the lake, and he was most responsive to requests for cleanup. T been cleaned and sodded and the adjacent property owners will make sure the problem does not reoccur. The Board expressed their appreciation for Mr. Ousley's and Mr. Bryant's prompt attention to this matter. C. Final Water Agreement Mr. Bryant spoke to Stock's attorney and shared the Board's concerns and comments regarding the 1 OA, and Stock's attorney will relay these concerns to the appropriate people, and draft an agreement to address them. Mr. Bryant anticipates this issue to be rectified by the October Board meeting. SUPERVISOR'S REQUESTS A. Street Signs Mr. Drum asked that the street signs that have fallen be erected properly, and Mr. Dorrill assured him it would be done. B. Securi A member of the Board reported that on a recent Sunday visitors were all over the Horse Monument, with nothing being done by the security guard who was present and on duty. Mr. Dorrill has addressed this issue and looks for immediate improvement. I&X72m)l LELY COMMUNITY DEVELOPMENT DISTRICT Naples, Florida Minutes of the Regular Meeting of the Supervisors of Lely Community Development Held on September 21, 2005 Minutes - Lely Community Development September 21, 2005 Page 5 C. Wildflower Way /Stock Plans A representative of Stock Development assured the Board that he would get clarification on this issue and report back to the Board as soon as possible through Mr. Dorrill. D. Bicycle Signage Ms. Orr reminded the Board and Mr. Dorrill of the problem with people riding their bikes on the sidewalks and endangering pedestrians. The Sheriff s Office advised her that the signage must come from Lely Resort in order to enforce this, and the residents will be advised through the newsletter. Signs will be installed as soon as possible, and the installation of a bike path will be considered. PUBLIC COMMENT jd S Mr. Lance Woodward from Lel states once again raised the issue of fountains in the lakes at the entrance, and how it would enhance this area. In response to a question from a Ms. Gill, Mr. Dorrill advised the Board that the County did come out and examine the algae breakout, and it was sprayed in July, August and September with a great reduction in the problem. A resident of Mustang Island Circle indicated dissatisfaction with the way the algae problem has been handled in the lake his home is located on, and urged the Board to treat all the lakes for this problem. Mr. Dorrill advised this resident of the continuing work that the District is doing to keep the algae blooms under control. Additionally, the resident asked that the pedestrian walkway be restriped on Lely Island Boulevard and other busy pedestrian areas for their safety. Mr. Dorrill will follow up on this item. MISCELLANENOUS CORRESPONDENCE Included under this Tab is the meeting schedule for the coming year, as well as a notice of price increase from the company that manufactures the Pole Cat. ADJOURNMENT With the agreement that the next meeting would be held on October 21, the meeting was adjourned on a MOTION, a second and unanimous approval at 3:20 p.m. 16=att)z SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800- 432 -2045 • I'DD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www4wmd.gov RECEIVED Nov 0 7 2005 Board of County Commissioners NOTICE OF MEETING CHANGE Draft South Florida Water Management District, 2006 Florida Forever Work Plan, Annual Update Due to Hurricane Wilma please note the changes in date and location of the November Governing Board Meeting The plan will be discussed for adoption at the Governing Board Workshop Meeting November 8, 2005 to be held at the SFWMD Headquarters, B1 Building, Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406 QGean Reef Club 35 QGean Reef Dr4ve, ; and presented for adoption by the Board at the South Florida Water Management District's Governing Board Meeting on December 14, 2005, to be held at District Headquarters in West Palm Beach. The purpose of the Florida Forever Work Plan is to present projects eligible for funding under the Florida Forever Act (Section 259.105, F.S.), and to report on progress and changes since the January 15, 2005 submission. The Draft Florida Forever Work Plan, 2006 Annual Update, included as Chapter 6 - Volume II of the South Florida Environmental Report, lists the 67 projects eligible for Florida Forever funding in the fiscal years 2006 through 2010. The proposed eligible projects list includes CERP projects, SOR projects and water quality and supply initiatives, plans and studies. The entire draft plan is available for review online at the District website http: / /www.sfwmd.gov /sfer or by contacting Wanda Caffie- Simpson in the Land Resources Department at 561- 682 -6445 or wsimpso(aD_sfwmd.gov. Misc. Corns: Date: 11 z 9 ©L j Item #: i &-I a ;3 (a) GOVERNING BOARD EXECUTIVE Oi pci. Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Cppi"4Ali Wehlc, Vvcrutir" Pircc1"I Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton Pamela Brooks - Thomas Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wide, Jr. Fiala Halas Henning Coyle Colotta ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 2, 2005 I. NAME OF PETITIONER/PROJECT: 11030�0c) ) Petition No.: Planned Unit Development No. PUDZ -A- 2004 -AR -6417 Petition Name: I -75 /Alligator Alley PUD Applicant /Developer: Randall Benderson et al, Trustees and Randall Benderson 1993 -1 Trust Engineering Consultant: Hole Montes, Inc. Environmental Consultant: Passarella and Associates, Inc. Item V.D. II. LOCATION: The subject property is located on the north side of Davis Boulevard in the southwest quadrant of the intersection of I -75 and Collier Boulevard in Section 34, Township 49 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties include both developed and undeveloped parcels, and three major roadways. ZONING DESCRIPTION N - R.O.W. Interstate 1 -75 S- R.O.W. Davis Boulevard E - R.O.W. Collier Boulevard R.O.W. Interstate I -75 C -4 Developed W - PUD (East Gateway) Undeveloped Misc. Cones: Date: a O S Item #: l to Z a (J Copies to: *rtip(c) I EAC Meeting Page 2 of 9 IV. PROJECT DESCRIPTION: The project contains 40.8 acres and approximately 11.4 acres is proposed for the Preserve /water Management Area, with the balance of the property permitted for commercial uses and miscellaneous open space areas. The subject property is located in an area identified as Interchange Activity Center #9 in the Growth Management Plan (GMP) for Collier County. The maximum allowable square footage of gross leasable floor area is 265,000 square feet of retail or office area excluding the existing motel approved for 107 units and any future motels. Access will be provided from two access points on Davis Boulevard depicted on the PUD Master Plan and an interconnection is proposed to the adjacent East gateway PUD, a non - residential PUD. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the subject property is within Interchange Activity Center #9, which allows the full array of commercial uses; residential and non - residential uses; institutional uses; Business Parks; hotel /motel uses at a density consistent with the Land Development Code — shall be determined during the rezoning process; industrial uses in the northeast, southwest and southeast quadrants. Interchange Activity Center #9 is subject to the requirements of the Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples and all rezones shall meet the intent of the vision statement. In addition, Activity Center #9 zoning overlay district was adopted in the Land Development Code to ensure that the design of landscape, architecture, and signage will be regulated and approved in accordance with the provision of the specific LDC section. The petitioner affirms in the statement of compliance that "Development of the I- 75 Alligator Alley PUD will be consistent with the Activity Center #9 Interchange Master Plan." The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632.5) of Interchange Activity Center #9. A maximum of 347.88 total )4molrle)) EAC Meeting Page 3 of 9 acres are eligible for commercial zoning, to date, 325.23 acres are presently zoned commercial, therefore, 22.65 acres are eligible to be rezoned to commercial. The petitioner is requesting 29.4 acres of the PUD to be designated for commercial land uses, however, 25.8 acres are approved for commercial uses under the existing I -75 /Alligator Alley PUD, and therefore, only 3.6 acres have to qualify under the Activity Center #9 criteria. Since 22.65 acres are still eligible for rezoning in Activity Center #9, the proposed addition of 3.6 acres of commercial land uses qualifies under Activity Center #9 criteria. 6325 acres X 55% = 347.88 acres maximum eligible for commercial zoning within Activity Center #9. 325.23 acres are presently zoned commercial leaving a remainder of 22.65 acres eligible for rezoning to commercial (347.88 - 325.23 = 22.65). In addition, the PUD requests 107 motel/hotel units. There are presently 107 existing motel units on the subject property that was approved at a density of 26 units per acre pursuant to Ordinance 89 -82. Hotel /motel uses are allowed within the Activity Centers at a density consistent with the Land Development Code (LDC). Since the approval of the PUD, amendments to the LDC language for determining density for hotel /motel uses was amended to delete the density of 26 units per acre and replace it with a Floor Area Ratio (FAR) of 0.60. If this FAR does not provide for the existing approved density, then an interpretation of Policies 5.1 and 5.9 could provide for the existing density to remain. Pursuant to FLUE Policies 7.1, 7.2 & 7.3, access to the project has been provided via two access points on Davis Boulevard, internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads and an interconnection is proposed to the adjacent East Gateway PUD. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element and the Activity Center #9 Interchange Master Plan. Conservation & Coastal Manazement Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and 1 I EAC Meeting Page 4 of 9 cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing dry retention/detention areas and interconnected wetlands to provide water quality retention and peak flow attenuation during storm events. In accordance with Policy 6.1.1, 15 % of the existing native vegetation shall be retained/re- planted on -site and set aside as a preserve area with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off -site preserves. Habitat management and exotic vegetation removal /maintenance plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys and habitat management plans for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). 4=)-te)) EAC Meeting Page 5 of 9 Pursuant to Policy 7.1.4, all development shall comply with applicable federal and state permitting requirements regarding listed species protection. VI. MAJOR ISSUES: Stormwater Management: On 15 June 1989, the South Florida Water Management District issued surface water management permit # 11 -00556 to the 40.8acre project called I 75 — Alligator Alley PUD. The permit calls for site discharge to be to the northwest into a swale that goes north under I -75 and eventually into the Golden Gate Canal. The permit has been modified since then for the different commercial projects within the PUD. Any further modifications to the system would also require an SFWMD permit modification. Environmental: Site Description: The majority of the site has been previously altered and consists of a combination of access roads, developed commercial parcels, fill pads, surface water management systems and 12.70 acre wetland mitigation area. Commercial uses currently found on -site include a 107 room hotel with manager's apartment, Taco Bell and McDonalds. The main entrance road is an access loop road that surrounds disturbed filled areas. A berm exists around the wetland mitigation area at the north end of the project. Wetlands: South Florida Water Management District ( SFWMD) permit No. 11- 00556 -S was issued for the property on June 15, 1989. The permit identified 28.10 acres of jurisdictional wetlands. The SFWMD mitigation plan required the creation of 3.00 acres of deep marsh surrounded by 9.70 acres of forested wetland and the preservation of 0.75 acres of pine flatwoods adjacent to the wetland mitigation area. The total SFWMD conservation area was 13.45 acres. In addition, the mitigation plan required a 20 foot wide, 2.30 acres, landscape buffer /maintenance easement planted with native herbaceous, shrub, and tree species to surround the created wetland area. Since issuance of applicable federal, state and local agency permits, the project site was cleared and filled. The site currently supports 7.58 acres of Wetland Mitigation Area, Forested (FLUCFCS Code 920); 5.12 acres of Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921); and 0.75 acre of Pine Flatwoods (FLUCFCS Code 411). 14: r tor* (C ) i EAC Meeting Page 6 of 9 Previous on -site wetland mitigation efforts have proven to be unsuccessful. The Wetland Mitigation Area, Forested (FLUCFCS Code 920) consists of dead slash pine, cypress, Melaleuca and torpedo grass (Panicum repens). The Wetland Mitigation Area, Herbaceous (FLUCFCS Code 921) is dominated by torpedo grass and cattails (Typha sp.). The level of exotics found within the wetlands range from 25 to 80 percent Melaleuca seedlings and torpedo grass. During initial stages of planting, the organic top layer of soil was removed. This is an attributing factor to the failure of the wetland plantings. Also, human disturbance by the use of all terrain vehicles during the dry season has also contributed to the degradation of the wetland mitigation area. The construction of the project will result in wetland impacts to 7.28 acres of the current on -site mitigation wetlands and 0.16 acre of Other Surface Waters. The previously permitted wetland impacts (that were originally mitigated on -site) will be mitigated off-site by purchasing credits at a wetland mitigation bank. It is estimated that 17.28 forested and herbaceous wetland mitigation credits will need to be purchased. Preservation Requirements: The project site was previously permitted with an on -site preserve area. Because of this, the native vegetation requirement for the County is calculated based on the entire acreage of the PUD. In accordance with the County Land Development Code (LDC) and Growth Management Plan (GMP), fifteen percent (.15 x 40.79 = 6.12 acres) of the native vegetation is required to be retained on -site. The PUD master plan identifies 6.12 acres of preserve. These include 5.42 acres of mitigation wetlands and 0.70 acre of uplands. Wetland and upland enhancement will include removal of exotic and nuisance vegetation, and supplemental planting with native species. Restoration planting will be required to be in accordance with the planting criteria identified in the LDC. Wetland preserves will receive pretreated stormwater to maintain hydrology and provide additional storage. Listed Species: A listed plant and wildlife species survey was conducted on June 29, 2004. No listed species were identified on the property during the species survey or during any other site visits. The proximity of listed species to the project site as recorded by the Florida Fish and Wildlife Conservation Commission (FFWCC) is provided as Exhibit 0 in the EIS. 1(410ra&) ) EAC Meeting Page 7 of 9 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ- A -2004- AR -6417 "I -75 /Alligator Alley PUD" with the following conditions: Stormwater Management: 1. South Florida Water Management District surface water management permit # 11 -00556 must be modified as required. Environmental: 1. Replace the language in section 4.11 of the PUD document with the following condition. Pursuant to Section 2.03.07.E of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EAC Meeting Page 8 of 9 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT I 1p =ak (c ) I DATE DATE MICHAEL DERUNTZ, CFM DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 9 of 9 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT j(C-Z7atd)j DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR, DATE ENVIRONMENTAL SERVICES DEPARTMENT STEVEN D. GRIFFIN DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION UPT: a- (0) i ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF November 2, 2005 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Rezone RZ- 2005 -AR -7276 Briana Breeze Subdivision Mario Curiale Gulfshore Engineering, Inc. Turrell & Associates, Inc. (Agent) Item V.A. II. LOCATION: The property is located at 255 Price Street, in Section 4, Township 51 South Range 26 East, Collier County, Florida. Fiala Halas III. DESCRIPTION OF SURROUNDING PROPERTIES: Henning_ Coyle Coletta ZONING DESCRIPTION N - Mobile Home Tall Oaks Mobile Home Park S- Rural Agricultural Price Street, then a 2.27± -acre tract that is developed with a single - family home, and a 4.93± -acre undeveloped tract. E - Rural Agricultural W - Rural Agricultural IV. PROJECT DESCRIPTION: A 4.88± -acre tract that is developed with a single - family home Two 1.2± -acre tracts that are developed with single - family homes The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Residential Single - Family [RSF -4(3)] zoning district. The petitioner is seeking this rezoning to allow development of a maximum of 1.5 s'n le- family residential dwelling units to be developed on the subject 748C.Allls: which Date:l a 9 ©5 Item #: /10 Z a Copies to: 1(.07: a� (c) I EAC Meeting 11/2/05 Briana Breeze Subdivision Page 2 of 8 equates to a density of 2.1 dwelling units per acre. The purpose and intent of the residential single - family districts (RSF) is to provide lands primarily for single - family residences. These districts are intended to be single- family residential areas of low density. The nature of the use is the same in all of these districts. Variation among the RSF -1, RSF -2, RSF -3, RSF -4, RSF -5, and RSF -6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping, and signs. Certain structures and uses designed to serve the immediate needs of the single- family residential development in the RSF districts, such as governmental, educational, religious, and non - commercial recreational uses, are permitted as conditional uses as long as they preserve, and are compatible with, the single- family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential- single -RSF districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The petitioner in this case is seeking a rezoning to RSF -4(3), which means he wishes to utilize the property development regulations for the RSF -4 zoning district, allowing for smaller individual lots, but has agreed not to exceed a density of three units per acre. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban — Mixed Use District, Urban Coastal Fringe Subdistrict), on the Future Land Use Map and Element (FLUM and FLUE) of the Collier County Growth Management Plan (GMP). This Subdistrict permits residential development (variety of unit types) at a base density of four residential units per gross acre. However, this applicant's property is also within the County's Traffic Congestion Area, an area identified as subject to long -range traffic congestion. The GMP Density Rating System requires projects so located to reduce the density of the project by one dwelling unit per gross acre (DU /A). Therefore, the maximum allowable density will be 3 DU /A which translates to a maximum of 22 dwelling units on the 7.36± acre subject property as demonstrated below: Base Density 4 DU /A Traffic Congestion Area - 1 DU /A Total Eligible Density 3 DU /A x 7.36 acres = 22 (21.87) DU The petitioner has agreed to limit the density of this project to a maximum of 15 total single family dwelling units, therefore the petition is consistent with the FLUE and the FLUM of the GMP. ZW 4*t* (C ) i EAC Meeting 11/2/05 Briana Breeze Subdivision Page 3 of 8 Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards ". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system ". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of runoff leaving the site by utilizing a lake and interconnected wetlands to provide water quality retention and peak flow attenuation during and after storm events. Objective 6.1.1 requires a Residential development greater than 2.5 acres in the Coastal High Hazard Area to preserve 25% of the native vegetation on -site. "The site is 7.36 acres in size, though it currently contains approximately 3.99 acres of native habitat due to past clearing activities by a previous owner. Since the past clearing was illegal, the entire site has been used for native vegetation requirements. Post - development, the project will retain /enhance 1.20 acres (16% of the site) and restore /create 0.66 acres of native vegetation, which equates to a 25% (1.86 ac) native vegetation preservation /creation. This meets the requirements outlined in the GMP and LDC. The majority of this preserve, 1.2 acres, is located within the hydric pine community; the remainder of the preserve will be restored to that habitat type or created. There are no adjacent preserves or off -site connectivity to the project site. The site has been hydrated from the drainage swale located at the front of the property as well as from the elevated water table during the rainy season. Locating the preserve at the front of the property maintains this hydrologic connection. This preserve location also provides the shortest and least blocked route for transient animals traveling to or from forested areas further to the east and west. Exotic vegetation will be removed from the site. Reference the enclosed site plan for a visual representation of the habitat retained on the site. " Policy 6.1.4 states, "Prohibited invasive exotic vegetation shall be removed from all new developments." The applicant states in the EIS, "Exotics will be removed from the site. All preserve areas will be maintained exotic free in perpetuity." I I EAC Meeting 11/2/05 Briana Breeze Subdivision Page 4 of 8 Policy 6.2.2 states, "Wetlands shall be defined pursuant to Section 373.019 Florida Statutes." The applicant has provided a wetland line that was drawn up and signed by DEP on July 2, 2001. Policy 6.2.3 states, "Collier County shall implement a comprehensive process to ensure wetlands and the natural functions of wetlands are protected and conserved." The applicant has expressed that they will apply for the State and Federal permits after the anticipated approval of the Rezone. Objective 7.1 states, the County shall direct incompatible land uses away from listed animal species and their habitats." The applicant found no listed species are known to inhabit this site. Objective 11.1 protects historic and archaeological resources in Collier County. The applicant states, "According the Florida Master Site File, no known historic or archaeological resources are present on or near the site. Please reference Exhibit 3, archaeological information. " Policy 11. 1.3 states, "If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvage ability. The County will respond to any such notification in a timely an efficient manner so as to provide only a minimal interruption to any constructional activity. The applicant will comply with this policy during construction. VI. MAJOR ISSUES: Stormwater Management: This project sits in an area that the Collier County Drainage Atlas refers to as "Miscellaneous Coastal Basins" because the basin boundaries are so ill defined due to the flat topography. The water management system consists of one lake that will probably sheet flow across a wetland preserve and into the Price Street swale. The lake and preserve will provide for water quality retention and peak flow attenuation. Because of the presence of wetlands, the project must receive its water management permit from the SFWMD. I&Ta-&) i EAC Meeting 11/2/05 Briana Breeze Subdivision Page 5 of 8 Environmental: Site Description: Jurisdictional on -site wetlands consist of 2.94 acres of hydric pine flatwoods with Brazilian pepper and .97 acres of disturbed land. The upland vegetative communities include 1.05 acres of pine flatwoods and 2.4 acres of disturbed land. Wetlands: Jurisdictional on -site wetlands (approximately 3.91 acres within the property boundary) consist of hydric pine flatwoods with Brazilian pepper and disturbed land. Of the existing wetlands, approximately 0.82 acres of disturbed wetland and 1.74 acres of exotic - invaded pine flatwoods will be impacted. A total of approximately 2.56 acres (65 %) of existing onsite wetlands will be impacted by the proposed project. The applicant is proposing to preserve 1.35 acres (35 %) of the existing wetlands onsite, with 1.2 acres preserved/enhanced, 0.15 acres restored, and an additional 0.51 acres of wetland created. Development is focused on the northern portion of the property where the uplands are located. Existing wetland functions have been impacted by the surrounding development. Any functions impacted by the project itself will be mitigated through the ERP process. At this time, the property owner plans to purchase mitigation credits from an approved mitigation bank to fully compensate for any wetland impacts associated with this project. A preliminary UMAM assessment indicates that the applicant may need to provide approximately 0.88 credits. Details regarding the exact number of credits and bank location will be finalized during the Environmental Resource Permitting process. Preservation Requirements: The site is 7.36 acres in size, though it currently contains approximately 3.99 acres of native habitat due to past clearing activities by a previous owner. Since the past clearing was illegal, the entire site has been used for native vegetation requirements. Post - development, the project will retain/enhance 1.20 acres (16% of the site) and restore /create 0.66 acres (9% of the site) of native vegetation, which equates to a total of 25% (1.86 ac) native vegetation preservation/creation. This meets the requirements outlined in the GMP and LDC. Exotic vegetation will also be removed from the site. Collier County staff is agreeable to approving the Preserve selection before we have the UMAM scores because the area proposed is in accordance with the Preserve selection criteria independent of the UMAM scores. I&ra(r) I EAC Meeting 11/2/05 Briana Breeze Subdivision Page 6 of S Listed Species: No listed species were found on site. VII. RECOMMENDATIONS: Staff recommends approval of Briana Breeze Subdivision Rezone with the following stipulations: Stormwater Management: 1. A surface water management permit must be obtained from SFWMD prior to approval of any site plans. Environmental: 1. After UMAM scores are accepted by SFWMD, if there are wetlands with greater than a .7 UMAM score, the location of the preserve areas will need to be re- evaluated. l(p T zr(( ) i EAC Meeting 11 /2 /05 Briana Breeze Subdivision Page 7 of 8 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUMMER ARAQUE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT KAY DESELEM, A.LC.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting 11/2/05 Briana Breeze Subdivision Page 8 of 8 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR STEVEN D. GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: V'pr a)-(c ) I DATE DATE DATE JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR I. II III. IV. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF November 2, 2005 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant /Developer: Engineering Consultant: Environmental Consultant: LOCATION: WrA (C) i Item V. B CU- 2005 -AR -7749 Living Word Family Church Living Word Family Church Fiala — Johnson Engineering, Inc. Halas -- Johnson Engineering, Inc. Henning Coyle rz Coletta —i The subject property is located approximately 1 '/2 miles east of C.R. 951, on the south side of Immokalee Road. The 18.1± acre site is located in Section 30, Township 48 South, Range 27 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed project site is currently vacant, and is mostly surrounded by undeveloped land. Small -scale agricultural uses, including a landscape company, are located in the general vicinity of the subject property. Single - family homes and another church are also nearby. The Heritage Bay DRI is located north of the site and will be developed with residential /golf - course communities. ZONING North: PUD East: A -MHO South: A -MHO West: A -MHO PROJECT DESCRIPTION: DESCRIPTION Future residential /golf course Undeveloped land Undeveloped land Undeveloped land, Landscape Company The proposed Conditional Use petition seeks to allow a religious facility to be operated on the subject site. The conceptual site plan shows a sanctuary building, an educational building, parking, preserve and water management areas. No conditions of approval have been placed on the applicant at this time. Misc. Corres: Date: I d 9 oS Item t Ado _Tc� C C Copies to: I(Oxa&) 1 EAC Meeting Page 2 of 7 V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FL_U The subject property is designated Agricultural/Rural — Rural Fringe Mixed Use District, Receiving Lands, as identified on the Future Land Use Map of the Growth Management Plan. The RFMUD provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. A mixture of urban and rural level of services for residents within the District is allowed. RFMUD lands designated as Receiving Lands are the most appropriate for development and to where residential development units may be transferred from areas designated as Sending Lands. The RFMUD allows for community facilities on Receiving Lands, including places of worship. Additionally, the Collier County Land Development Code indicates that places of worship are allowed in the RFMUD Receiving Lands by conditional use. In an effort to support the Community Character Plan for Collier County, the Future Land Use Element was amended to include Objective 7. Policy 7.1 "encourages developers and property owners to connect their properties to fronting collector and arterial roads." The Living Word Family Church conceptual site plan demonstrates consistency with this policy by proposing access via Immokalee Road. Policy 7.3 encourages "all new and existing developments to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type." The subject property is bordered to the west and east by undeveloped parcels and single- family homes; to the south, by a single - family home; and to the north, by Immokalee Road. Interconnection points with these privately held parcels might not be practicable. FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. Comprehensive Planning leaves this determination to the Zoning & Land Development Review staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes the proposed conditional use may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: Policy 6.1.1 and 6.1.2 Forty percent preservation of native vegetation, not to exceed 25 percent of the site will be accomplished on site. Policy 6.1.4 All invasive exotic vegetation will be removed from the project site during the development process. The site will be maintained for invasive exotic species in accordance with permit conditions in perpetuity. 1 I EAC Meeting Page 3 of 7 Policy 6.1.7 Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal and will be required to meet the minimum planting area requirement in Policy 6.1.7. Existing native vegetation shall be retained in landscape buffer areas. Policy 6.2.1 The wetland jurisdictional determination has not been verified by SFWMD staff at this time, and will be verified during the ERP process. Because of past hydrologic alterations adjacent to the site, it is anticipated the site has experienced a reduced hydro period. Digital piezometers have been installed to record current hydrologic data. This data will play a vital role in the ultimate wetland jurisdictional determination process with SFWMD staff. Policy 6.2.3 The proposed project will preserve approximately 36% of wetlands located onsite. A total of 5.40 acres of wetlands shall be maintained within conservation easements pursuant to USACOE standards. Policy 6.2.5 The project will be reviewed by SFWMD and USACOE for impacts to wetlands during the ERP process. Policy 6.2.6 The conceptual site plan identifies the preservation areas that will be subject to conservation easements. USACOE standards will be applied to the conservation easements. Uses that are harmful to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation will be prohibited in preserve areas. VI. MAJOR ISSUES: Stormwater Manauement: This project sits within the Cypress Canal Basin and, as such, has an allowable discharge rate of 0.15 cfs per acre. The water management system consists of two interconnected lakes, each of which has a discharge to the west toward a common flow way that eventually flows to the Southwest. The lakes provide water quality retention and peak flow attenuation. Environmental: Site Description: "Land use and vegetation types mapped within the project area include 0.19 acres (1.3 %) of an agricultural /nursery facility (FLUCFCS 200), 0.08 acres (0.44 %) of palmetto prairie (FLUCFCS 321), 1.72 acres (9.36 %) of cabbage palm (FLUCFCS 428), 2.15 acres (11.70 %) of disturbed cypress (FLUCFCS 6219 E3), 13.96 acres (76.00 %) of cabbage palm with scattered cypress (FLUCFCS 6249), 0.03 acres (0.16 %) of disturbed land (FLUCFCS 740), and 0.24 acres (1.31 %) of disturbed land with hydric characteristics (FLUCFCS 7401). I(P :r ?CC) I EAC Meeting Page 4 of 7 Portions of the site have been disturbed, as evidenced by the encroachment of exotic plant species, such as Brazilian pepper (Schinus terebinthifolius). As a result, the quality of the habitats varies according to the degree of exotic coverage, as well as proximity to adjacent disturbed lands and roads. Wetlands: "Preliminary indications are that the majority of the Living Word Family Church site is composed of wetland communities, totaling 16.35 acres (89 %) of the site. Final wetland jurisdictional determinations have not been verified by the U.S. Army Corps of Engineers or South Florida Water Management District, and will be addressed as part of the Environmental Resource Permit process. However, the potential wetlands onsite appear to be experiencing a reduced hydro period, likely as a result of altered sheet flow and draw -down effect from the Immokalee Road ditch located north of the site. Two (2) digital piezometers have been installed onsite to collect ground water data and help determine the limits of State and Federal wetland jurisdictional limits. Wetland FLUCFCS communities within the site include FLUCFCS Codes 6219 E3 (disturbed cypress) totaling 2.15 acres, FLUCFCS 6249 (cabbage palm with scattered cypress) totaling 13.96 acres, and FLUCFCS 7401 (disturbed land, hydric) totaling 0.24 acres. The largest community found on the site is FLUCFCS 6249, totaling 13.96 acres of the site. FLUCFCS 6219 E3 has been degraded by Brazilian pepper, averaging 50 -75% mean coverage. Subject to agency verification the Living Word Church Site contains 16.35± acres of SFWMD /Collier County jurisdictional wetlands. Approximately 10.95 acres (67 %) of the 16.35 acres of onsite wetlands are proposed to be impacted. A preliminary mitigation analysis using the uniform mitigation assessment method (UMAM) to determine credit for on- site mitigation is attached as Exhibit L. Preliminary estimates show that there will be a functional loss of credits on -site. Please note that this is only a preliminary estimate and that final approval will still be required from the SFWMD. Credits will be purchased at an agency approved regional mitigation bank as needed. Once the credits are purchased from the agency approved regional mitigation bank, the functional loss on -site will be off -set to retain no net loss of wetlands." Preservation Requirements: "The property lies within the Rural Fringe Mixed Use - Receiving Lands designation of the Collier County Future Land Use Map. Since the subject property is less than 20.0± acres, a minimum of 40 percent of the native vegetation (not to exceed 25% of the total site) will be preserved. The standard is in accordance with the vegetation preservation and retention standards for the community facility development and mixed use development. Minimum Retained Native Vegetation Requirement (Total Site Acreage X 25 %) = 18.37 X 0.25 = 4.59. The applicant is providing a total of 6.90 acres for Preserve including 4.59 acres on the north end and 2.31 acres on the south 1&7:a6:) I EAC Meeting Page 5 of 7 end. In accordance with the GMP and LDC, the minimum acreage of 4.59 will be provided in the largest contiguous area (at the north end of the property). The remaining 2.31 acres will consist of .19 acres of re- created preserve. The .19 acres is currently a facility belonging to the adjacent property owners to the southeast of the property. The adjacent land owners are aware of the encroachment of the facility onto this site and will remove associated structures prior to development. There are no known off -site preserves and therefore there are no connectivity issues. Listed Species: No listed species were found on site. VII. RECOMMENDATIONS: Staff recommends approval of Living Word Family Church Rezone with the following stipulations: Stormwater Management: 1. The project must obtain an environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals. Environmental: 1. The project must obtain an environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals. EAC Meeting Page 6 of 7 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT 1(0= aw(c) I DATE SUMMER ARAQUE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT HEIDI WILLIAMS, A.I.C.P. DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 7 of 7 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT IGr a�wCc) I I I DATE WILLIAM D. LORENZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR STEVEN D. GRIFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: DATE JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR I. II. III. IV. V. VI. w I ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 2, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor Call to Order Roll Call Approval of Agenda Approval of October 5, 2005 Meeting minutes Environmental Advisory Council Absences Land Use Petitions A. Rezone no. RZ- 2005 -AR -7276 "Briana Breeze Subdivision" Section 4, Township 51, Range 26 B. Conditional Use no. CU- 2005 -AR -7749 "Living Word Family Church" Section 30, Township 48S, Range 27E Fiala Halas Henning Coyle Coletta C. Site Development Plan No. SDP - 2003 -AR -4620 - Continued from October 5 Meeting "41 T Corporation Industrial Facility" Section 10, Township 48 South, Range 25 East D. Planned Unit Development No. PUDZ -A- 2004 -AR -6417 "I -75 /Alligator Alley PUD" Section 34, Township 49 South, Range 26 East VII. Old Business A. Update members on projects Vill. New Business A. Outstanding Advisory Council Member Nominations IX. Council Member Comments X. Public Comments XI. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5.00 p.m. on October 28. 2005 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403- 2424). General Public: Any person who decides to appeal a decision of this Board willct&fgcord of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is tcbased. J112q Item #: I Copies to: 1 (.0 rAp*r CC ) I October 5, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL m Naples, Florida, October 5, 2005 LET IT BE REMEMBERED, that the Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the f�olapwing tubers Halas present: Henning Coyle Coletta /mss CHAIRMAN: William Hughes Terrence S. Dolan Lee Horn Judith Hushon Iry Kraut Erica Lynne Nick Penniman Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review Marjorie Student- Stirling, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist Misc. Cones: Date: 1 I c� 9 05 1 Item #:1bzaCCI) Copies to: 6ra(c), October 5, 2005 I. Meeting was called to order at 9:11 AM. II. Roll Call Roll call was taken. A quorum was established. III. Approval of Agenda Item "V., B." has been continued by applicant request. Dr. Hushon moved to approve the agenda. Second by Mr. Dolan. Carried unanimously 8 -0. IV. Approval of September 7, 2005 Meeting minutes Dr. Lynne felt that page six under "Jan's Trams" where it read "Dr. Lynne does not feel that education will play a part in this project due to the lack of knowledge for what is on the site" was an inaccurate account of what had been expressed. Her meaning was that there wasn't any evidence of an educational plan presented. She noted the misspelling of "by" on page five under Land Use Petitions. Dr. Lynne also felt that the reason for approval of the motion under "VI., A." was the land being disturbed, in an urban area, and the use of Smart Growth Principles brought environmental benefits. Mr. Hushon moved to approve the September 7, 2005 minutes with changes. Second by Mr. Kraut. Carried unanimously 8 -0. V. Land Use Petitions A. Conditional Use No. CU 2003 -AR -467 — Continued from September 7 Meeting "Jan's Tram's CU" Sections 23, 24, 25, Township 52, Range 29 East - Disclosures — Dr. Lynne and Mr. Sorrell visited the site. - All those testifying were sworn in by Mr. Griffin. Donald Murray, Project Planner for Coastal Engineering Consultants Inc. introduced presenters. A video of the site was made available. He reviewed the project giving a demonstration of the project on maps. Amanda Koonjebeharry, Resident Botanist, a botanical survey was performed 25 feet off of the logging road. No plants were found on the shell filled road. The canals were also surveyed with a finding of exotics (species list given). Relocation of native plants is possible when exotic removal takes places due to the path of boats. 2 I&Ta-(C) I October 5, 2005 Steven Griffin noted the permanent conservation issue not having been worked out. A permanent conservation easement needs to be set aside for this type of permit. "Permanent" was not defined in the code, therefore it would revert back to the ordinary meaning; the dictionary defines "permanent" as - no reverting back, perpetual. Marjorie Student - Stirling added that under the Growth Management Law development orders can not be granted unless they are consistent with the Comp. Plan which is a matter of State Statute. Ray Bass, Attorney representing Jan's Trams is willing to grant a permanent conservation easement for the duration of the lease. A formal presentation of legal rights and theories has not been made to Mr. Weigel. It is ultimately the County Commissioners call. There is no distinction between ownership and lease as noted by Steven Griffin. A further review is possible. Dr. Lynne mentioned the site as a particularly nice area for an environmental tram ride. The pontoon boat ride would require vegetation trimming. She recommends approval with the stipulations of no improvements to the road, no cutting of the oaks and hardwood hammock, and relocation of listed species within the canal. Panther impact evaluation will occur at the time of dock permitting. Dr. Lynne moved to approve Conditional Use No. CU 2003 -AR -467 — Continued from September 7 Meeting, "Jan's Tram's CU ", Sections 23, 24, 25, Township 52, Range 29 East, with the conditions that there are no improvements made to the road bed, no cutting of oaks in the hardwood hammock, and listed species that need to be moved to make the canal navigable be relocated. Dr. Lynne then agreed to amend the motion including other comments to require an educational program as part of the trip, licensed mangrove pruning, and weekly vehicle oil inspection with records. Second by Dr. Hushon. Mr. Sorrell commented on the transfer station being filled with exotics. Motion carries 8 -0. B. Site Development Plan No. SDP - 2003 -AR -4620 1141 T Corporation Industrial Facility" Section 10, Township 48 South, Range 25 East Continued. I&V araw& ) I October 5, 2005 C. Planned Unit Development Rezone No. PUDZ -A- 2005 -AR -7422 "Wolf Creek PUD" Section 34, Township 48 South, Range 26 East - All those testifying were sworn in by Mr. Griffin. - Disclosures — None Richard D. Yovanovich, Goodlette, Coleman & Johnson, P.A. Attorneys at Law introduced himself and other presenters. Jeremy Sterk, Hoover Planning & Development mentioned the original Wolf Creed PUD being approved in 2003, the issue before the Committee is an amendment. The amendment is to add approximately 30 acres. There are just over 11 acres of wet lands. Portions already have permits. He reviewed the individual parcels. The wet lands have been made the highest priority, with approved district permits. Connection between wetlands of approximately 77 feet across is proposed. This would also allow the possibility for wildlife crossing between preserves. At the point where the road separates the preserves it will be gated, so the traffic will be at a stop. Mr. Yovanovich mentioned that standards are being met for the Land Development Code. The connection between wetlands will give wildlife a potential corridor. Under the Comprehensive Plan the selection criteria are being met; the first being an upland buffer, which is being met; the second is listed plant and animal species habitat, there are none; the third is zyric scrub, there are none; the fourth being dune and strand hardwood hammocks, which there are none; the fifth and sixth are dry prairie pine flat woods and other upland habitats which are being addressed. County Staff has asked for a letter from State and Federal agencies that will not respond. Mr. Hughes suggested adoption of code to submit to the board as issues come up. Norman J. Trebilcock, A.I.C.P., P.E., Q. Grady Minor & Associates, P.A., demonstrated hydrologic drainage (maps shown) and addressed the 25 years storm preparedness. Mr. Yovanovich reviewed staff recommendation of denial under the Comprehensive Plan. The first reason being the need to have a final jurisdiction wetland determination from the Core and Water Management District before a recommendation can be made as to the appropriateness of the preserves; sighting policy 6.2.6. Mr. Yovanovich does not believe this to be a correct interpretation. Policy 6.2.1. which is under the same objective requires the requested permits at the time of permitting, not zoning. Policy 6.2.4. ties back to use of wet lands as preserve area if 11 rograte ) I October 5, 2005 consistent with a permit. It does not read for a wetland determination at the time of zoning. The second reason for denial goes under the priority of the preserves and the corridor. Policy 6.1.1. sets the priorities. If stipulations are necessary then it is proposed to have the PUD Master Plan approval with two conditions: - Wetland areas identified pursuant to the Southwest Florida Water Management District Permit. - The corridor must be identified in the fox squire Management Plan. Summer Rocke, Environmental Services noted: • Preserve selection is based on, first: areas known to be utilized by listed species or that service corridors, second: onsite wetlands, third: wetland habitat. • Technical assistance has not been received as requested. • Score needs to be .7 or greater. • The northern preserve area is not a wetland. • EIS requires the jurisdictional line. • Scores are needed to determine if the wetland fulfills criteria as seen in the GMP. • Staff can not determine wetland lines. Barbara Burgeson, Environmental Services noted: • Priority ranking requires the first area identified for preservation be ones known to be utilized by listed species or will function as wildlife corridors. • Two squirrel nests (gray or fox was not known) were identified. They are not in the specified preserve areas. • The potential fox squirrel sitting is just north to the designated corridor area. • The second propriety is for high quality wetlands. • It is preferred to have separated larger areas, than two preserve areas identified by a corridor that does not meat priorities. • The only way a Collier County wetland can be defined is to have it identified by South Florida. Mr. Sterk mentioned that repeated requests have been made to Southwest Florida Water Management District for the J.D. Due to a lack of staffing they will not do it until a permit is sent. Ms. Mason noted that the preserves are not truly connected due to the road. Dr. Lynne moved to deny based on the fact that there isn't sufficient information to make the best determination of where the preserves 5 I&T a-(C) i October 5, 2005 should be and preservation of listed species on site. Second by Mr. Penniman. Motion carries 5 -3 with Mr. Kraut, Mr. Hughes and Mr. Dolan opposed. Ms. Burgeson pointed out that they can apply for an application for review in order to get a jurisdictional determination. It is also possible for a discussion during the interagency meeting. Discussion on the potential for Collier County to have a contract employee with South Florida. It was suggested for the presenters to come back to the Committee with more information. Recessed at 10:47 AM, reconvening at 10:59 AM. D. Planned Unit Development No. PUDZ -A- 2004 -AR -6126 "Sabal Bay PUD" Sections 23, 24, 25, 26 & 36, Township 50 South, Range 25 East Section 19, Township 50 South, Range 26 East - Disclosures — Mr. Dolan sustained due to a voting conflict. - All those testifying were sworn in by Mr. Griffin. Mr. Dolan left the meeting at 11:00 AM. Bob Mulhere gave a presentation including the following points: • Introduced presenters. • The area of discussion is 2,416 acres located south of Thomason Drive. • Demonstration of lands for project (map reference). • Commitments from the DRI have been or will be met. • The D.R.I. will be abandoned, and rezoned to P.U.D. • Original DRI allowed for 4,000 dwelling units; 1,999 are being requested. • Original DRI allowed for a combination of commercial, office and retail up to 796,500 square feet; 2,000 square feet of retail and 60,000 square feet of office are being requested. • A portion of the project has already been developed. • Original DRI allowed for 600 wet 200 dry slips; no marina is being requested. • 45 golf holes were permitted; 18 holes are requested. • 600 hotel rooms were permitted; a maximum of 250 hotel rooms are requested. • All of requested numbers are maximums. • Staff is recommending approval. Whar W (C) i October 5, 2005 Mr. Passarella, Passarella & Assoc., gave a presentation including the following points: • Demonstration on maps. • Addressed vegetation with reference to overhead. • Wetland jurisdictional determination has been conducted. • Canal construction and hwy 41 has altered historic drainage which has altered wetlands. • Demonstration of impacts. • Addressed listed species surveys and results. • Three bald eagles nest, nest histories, and construction proximity addressed. • Demonstration of exotic coverage (map reference). • Demonstration of plan map. • Preservation of majority of gopher tortoise nesting sites with a maximum of 5 tortoises per acre. • Gopher tortoise nests off preserve will be relocated. • Vegetation preservation requirement for the project is 25 %; actual preservation is 225 %. Edward R. Griffith, WCI Communities, Inc. gave a presentation including the following points: • Two archeological sites of significance were identified, they are within preservation areas. • Notification is required if anything of significance is discovered during construction. The State does not allow unauthorized visitation of the historical site. Dr. Lynne suggested funding a graduate student gopher tortoise study. Tom Logan introduced himself. Discussed paper published on bald eagles that concluded that where guidelines were applied bald eagles continued to be productive. Another study analyzed rural and urban nest sites with the conclusion that where the nest persisted and the food source was adequate, young were successfully raised. Dr. Lynne would like to see literature not from a government agency. Emilio J. Robau, P.E., RWA Consulting gave a presentation including the following points: • Addressed water management and water flow. • Lely Canal reconstruction is in the public's interest, gives better reliability on drainage, and has environmental benefits. 7 I (P T: ve(c ) October 5, 2005 Water quality treatment was addressed as a paramount issue. 50% more water quality than required is planned. Pesticide proximity to water bodies addressed. Developmental practices have changed. Nutrient management and pest management are integrated into golf course management; along with no spray zones. There is a training process of residents so that the management process can be carried through. Dr. Hushon requested a copy of chemical analysis. Green building will be part of the community. Mr. Kraut left the meeting at 12:28 PM. Questions were addressed. Public Speakers- Nicole Ryan, Conservancy of Southwest Florida expressed concerns with water quality due to high quality wetlands and uplands, along with the proper protection of the preserves. There is a draft for potential new law. The Conservancy of Southwest Florida has been assisting with the draft. They would like to make sure the conservation easement is in perpetuity. The applicant has agreed to incorporate the Conservancy into the easement. E. Dr. Hushon moved to accept Planned Unit Development No. PUDZ -A- 2004 -AR -6126, "Sabal Bay PUD ", Sections 23, 24, 25, 26 & 36, Township 50 South, Range 25 East, Section 19, Township 50 South, Range 26 East with staff recommendations, along with a tortoise relocation success study. Second by Mr. Penniman. Carried unanimously 6 -0. Recessed at 12:35 PM, reconvening at 12:50 PM. Mr. Dolan rejoined the meeting as 12:50 PM. Chairman Hughes resolved to move items of discussions considering timing. VI. New Business A. Potential changes to the GMP and LDC and request from staff to activated the GMP Subcommittee to review changes. Bill Lorenz, Environmental Services Director gave a Power Point Presentation (see attachment) including the following points: M. 166or a(c) i October 5, 2005 • Review of time line for Future Activities, Proposed Changes, Stormwater in Preserves, No Adverse Impact, Off -Site Retention Alternatives, Criteria for Allowing Off -Site Alternatives, Size Threshold, Off -Site Alternative, Re- creation Criteria, Conservation Easements, EIS Requirements, and GMP Subcommittee and Staff Recommendation. • Recommendation was made to re- initiate the Growth Management Plan Subcommittee. Dr. Hushon, Mr. Sorrell, and Mr. Penniman volunteered for the GMP Subcommittee. B. Chairperson and Vice - Chairperson Absences Mr. Penniman moved for Mr. Hughes to continue as Chairperson. Second by Mr. Sorrell. Carried unanimously 7 -0. Mr. Hughes moved for Dr. Lynne to act as Vice - Chairperson. Second by Mr. Penniman. Carried unanimously 7 -0. C. Outstanding Advisory Committee Member Nominations None D. Environmental Advisory Council Absences A Committee member can not miss more than a half of the meetings within a fiscal year, or three consecutive meetings, excused or otherwise. Ms. Burgeson would like Committee members to identify any meetings that they may not be able to attend. E. Member Resignation Mr. Humiston has resigned. Mr. Hughes related the Mr. Humiston was significant in his expertise he will be greatly missed VII. Old Business A. Update members on projects Not addressed. VIII. Council Member Comments 0 1&= I-(c ) I October 5, 2005 Mr. Sorrel distributed information on Lake Trafford dredge material analysis. It brings up concerns about dust born contaminants. Dr. Hushon does not feel the arsenic level is high enough for concern. Environmental Services Department will provide more information after review. IX. Public Comments Bob Krasowski mentioned that the public does watch the Environmental Advisory Council on television. He would like to give a presentation representing Zero Waste Collier County. Mr. Hughes would like to have another meeting pertinent to building techniques. Nicole Ryan, Conservancy of Southwest Florida the Conservancy would like to participate in the GMP Sub - committee. When items one and three from Mr. Lorenz presentation are looked into, examine criteria. There are concerns about having all of the preserve in one area on the second item. Conservation easements are very important documents under number four. EIS sometimes captures things nothing else does. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:46 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 10 ��Pr�cS) Halas Henning Coyle Coletta V11- isoftV 4, 0 1 D EN 4 1 f A 0 4 S M, IT T 2885 Horseshoe Drive Naples, FL 34104 November 8, 2005 AGENDA L Call Meeting to Order H. Attendance: HL Approval of Agenda: IV. Approval of Minutes: October 11, 2005 V. Landscape Maintenance Report – Advanced Lawn/Steve Fabiano A. Maintenance Report VL Landscape Architects Report – Mike McGee A. Landscape Update VII. Transportation Operations Report: Tessie Siflery A. Current Budget VlJL Old Business A. Update on Golden Gate Parkway Bridge – Pat/Trinity B. Update on Hunter & Coronado Curbing Letter - Pat C. Phoenix Pavers – Darryl D. Update on Sunshine Project – Darryl E. Update on Benches F. Report on Santa Barbara Widening – Darryl/Pam G. New Priorities for Committee – Rick IX New Business X. Committee Member Reports XL Public Comments Misc. Corr6s: XYL Adjournment Date:J*iLo—_5 The next meeting Is scheduled for December 13, 4.-00 RW #: At Golden "s Community Center Nap1m, Fl- Copies to: 1mratc)b October 11, 2005 2885 Horseshoe Drive Naples, FL 34104 Minutes L The meeting was called to order by Chairman Richard Sims at 4:00 PM. U. Attendance: Members: Richard Sims, Cheryle Newman, Patricia Spencer, Ginger Martin, Barbara Segura (Excused) County: Darryl Richard- Project Manager, Tessie Sillery-MSTU Coordinator, Trinity Scott- Transportation Others: Mike McGee -McGee & Assoc., Steve Fabiano -Adv. Lawn & Landscape, Alison Huber- Johnson Engineering, Sue Chapin - Manpower Services III. Approval of Agenda: Trinity Scott will do the GG Bridge report instead of Pat Spencer. Pat Spencer moved to approve the Agenda as amended. Second by Cheryle Newman. Carried unanimously 4-0. IV. Approval of Minutes: Special Meeting August 30, 2005 & Regular Meeting September 13, 2005. Special Meeting — Page 2 - Correct Richard Sims name to read Darryl. Cheryle Newman moved to approve the Special Meeting Minutes of August 30, 2005 as amended. Second by Ginger Martin. Carried unanimously 4 -0. Regular Meeting — Correct Richard Sims name to read Darryl throughout the minutes. Cheryle Newman moved to approve the Regular Meeting Minutes as amended. Second by Pat Spencer. Carried unanimously 4-0. V. Landscape Maintenance Report — Advanced Lawn /Steve Fabiano A. Landscape Report — Company has new owner. • Mulch applied (1,120 bags) • Started the plant material in the 3 medians but not completed • Informed Committee of several items in the MSTD funds not completed (295 Junipers) • Maintenance will start to improve. Mike McGee reported on the weed situation. • Weeds need to be addressed immediately (turf & beds) — apparently are not pulling by hand — chemicals used are not working — sod will need to be replaced. Committee responded and agreed if the weeds are not taken care of they will deduct payment for non - performance. This has been discussed in the past. Cheryle asked Darryl (on behalf of the Committee 4 a� 1($ 3: alc ) Z to back - charge for services not performed. • Irrigation — twice a day on sod and new plantings need to be done immediately. • Some plant material has been replaced • Clocks need to be checked for lights on Tropicana — 31 st Street — Darryl will address with Traffic Operations. • Dead Sable on Median 16 • Cheryle mentioned the "F" type curbing used on Golden Gate Parkway toward I -75 should be used on the turn lane at Santa Barbara. Could possibly coordinate with the Santa Barbara intersection and widening. This will be addressed with Pam Lulich. Trinity will check with Transportation and let Darryl know the results. B. Plant material for G.G. Parkway at Coronado Blvd. Update VL Landscape Architects Report — Mike McGee A. Update on Benches — No report B. Report on Santa Barbara Widening — Darryl Richard Darryl will check with Pam Lulich. VII. Transportation Operations Report: Tessie Sillery A. Current Budget — Budget was distributed and various line items covered. (Attached) The 2005/06 Budget was distributed and explained. (Attached) Darryl explained he was notified by the Finance Dept. an error was found in the SAP Software system on the MSTU Budgets. They will schedule a meeting with the entire Chairman for explanations. VIII. Old Business A. Status of Golden Gate Parkway Bridge — Pat Trinity reviewed and showed the plans. She explained they will have a short fall on funding but confident they will find the balance of the funds. She showed potential bridge ideas, colors etc. Alison described options. Drawings and pictures were shown. The "Keystone" design was chosen by the committee. Trinity will get specifics in a couple of months, and may go for bid at the end of the year finishing before September 2006. Cheryle Newman moved to go forward on the 2 pedestrian bridges with the Steadfast "Keystone" style. Trinity will bring color selections for the Committee to choose galvanized or a color for the bridge. Second by Ginger Martin. Carried unanimously 4-0. Trinity updated the Committee on several sidewalk projects. (Golden Terrace/St. John Neuman/23rd Street on north side) A temporary asphalt sidewalk will be put in at the Quality Inn area on Golden Gate Parkway. This is a short-term fix and will not affect landscaping. Another change being made is going from 5 feet to 6 feet sidewalks. 2 i (or 0a(c) a B. Sign Quotes — Darryl Richard Darryl gave 3 quotes on the signs. It was decided to wait for the Santa Barbara project before making a decision. C. Update on Hunter & Coronado Curbing Letter — Pat A letter had been sent to Lt. Hampton on August 10, 2005. Pat received an email response of which was read to the Committee. (Was not provided for the record) In summary he mentioned they are always looking for ways to improve the County roads and transportation but the County has certain requirements. Cheryle will provide further information as to another contact person. D. Phoenix Pavers — Darryl Pavers have not been received yet. E. Update on Sunshine Project — Darryl The Work Order from Bonness is being processed. The Purchase Order for McGee and Lumec Lighting is also being processed. F. New Priorities for Roadways — Cheryle After much discussion the following was decided. • Prioritize according to the Master Plan • Update and reassess the Master Plan map • Plan for a Timeline • Look at Funding • Hold a Workshop to review the Master Plan, prioritize etc. Discussion followed on back - charging Advanced Lawn for non - performance as discussed earlier in the meeting due to the many problems with weeds, sod and irrigation etc. Staff will monitor and document the issues and concerns. The bidding process was discussed. Staff will meet with the new owner and address the Committee's concerns and give timelines. IX. New Business The Sunshine Law was brought up and discussed briefly. A Sunshine Workshop with all the MSTU's was suggested. Darryl will discuss the possibility with Diane Flagg. X. Committee Member Reports - None XL Public Comments - None Being no further business to come before the Committee, it was moved and seconded to adjourn. The meeting adjourned at 6:34 PM. The next meeting Is scheduled for November S, 4:00 PM At Golden Gate Community Center Naples, FL 3 1(,P:r a(c)z 2585 Horseshoe Drive Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS October 11, 2005 III. Approval of Agenda — Trinity Scott was added to the Agenda. Agenda was moved, seconded and approval unanimously. IV. Minutes of Special & Regular Meetings — Approved as amended and seconded, carried unanimously. V. Landscape Maintenance Report: Mike McGee reported on the weed situation. Committee responded if the weeds are not taken care of they will deduct payment for non - performance. The weeds have been discussed many times in the past. VIII. Old Business: A. Status of Golden Gate Parkway Bridge — Pat/Trinity Trinity Scott reviewed and showed plans. She explained and showed different designs. Cheryle Newman moved to go forward on the 2 pedestrian Bridges with the Steadfast "Keystone" style. Trinity will bring color selections for the Committee to choose galvanized or a color for the bridge. Second by Ginger Marten. Carried unanimously 4-0. Several Sidewalk projects were also discussed. The Master Plan will be reviewed and updated. N �o h y O 2 N T. N o a e u C7 S 4 d a 0 u O (c) I O O H O r7 O o� Nr � O � � N H � AL (n 4� C O v O O M O c0 M r ti m 0 co cc t0 M T• d E 7 Z C LL o� U o W O M �! > o W N w W o V% O W N W J H W D Z W W Ix LU H W C 00 O OU w ui N H U W U 0 0 0 Lo o O o o Ln 0 0 00 LO 0 C M O O CO r LO r r r LO N H Z W Occ d U w H H � O_ LULU w I- w LU LU w U) U) W X J a Lomm9� LLJ H W Z ~ W W W W mad w� U) �~ w >�zzo"' LL `t0¢z <��QO Q w Z Z- U U W W F- Q Q O W F- V LL > w�wLU— OWEE> -r W d W W Z w' LL x o �w�- >w� ��4w U0ZZo?F -F-UZ 0 0 0 0 0 0 0 0 0 0 C) r i*- W o N O M 0 0 r N r r N M M r N 0 .-M co CO•- 0(0CDWM C) O o r r O O N 0) 0) N N O O CD co N 0) � � 0 in 0 O T T T 4 N W D a xp X7 ar(c) z H O O N �0 O iQ- 20 h O .y„ O r � = d O a r � w h � O N d a 0 U 0 )z 0 �J V w� W m u t Q 0 C L a W a 0 O LL V C C 3 O E Q m H L 3 0 I- co N to 1` 0 N o 0 o CD � LO 69 0 r 1i� 49 O cD to N Efi O O n r Efl O M N 69 L �- CEO LO ER r Q) � 1� fA C4 CD O O N O fl fie N cn V" r E,R r 6 %-- N {A ti M O d N VA O T !r N 40 ~ O V. V- 40 b =0 �3 €a N0� W 06 co v cn CD cD i l.r O V O LL CL ?- � w i0 N ED- iw E c%i p a a CD fT C r- iC - c c U 'CO c CD LLJ U G 5 s U rA�LL� O � a � Q LL a o � m m c m CO U t; y ICK co c � C, co c io J a2f w 42 ' U_ �4 Z (� t1 H U- C) � � � F m w C > C > C > C g v v -o a U) QQQQ ' ' O N 0 N (n U cm (09 fUC fVC U) N a) y UUUU L L) � U cn C W W OOOO OO LL I&T au)z .............: o 0 o W O O C4 CD O O €OQO to ti M iN ~ O V. V- 40 =0 �3 €a N0� W 06 €WA v cn CD cD i l.r O V O LL CL ?- � w i0 N ED- iw E c%i p a a CD fT C r- iC - c c U 'CO c CD LLJ E G 5 s U rA�LL� O � a � Q LL cn O ♦p m'+ V m W V M V 000 0 N r- C.0 M 64 69 — N � y C N 7 2 U �_ -C c N tNN C C c f6 .3U .o N 0 t — N E p p 0 w °> a c a c = O p w E Li m O Q _U U co Q W U d y E c O C N U ~ N .y N cY�6 cY�6 m O N d f6 p N d co d �' g C E C d N Q p 0 V co N N C cn m 0 Q � co > = Z Lz N d 0 0 E y y .� O N O (� p -o y c w 3 c W d Um ) o o U Q E o � m � D 0(D a)-, oQQ Ea ca 3 cc c C r L c c Y a U N CL N c0 U m N � a f6 11� _ 0) W) Ul U) U') d d Ur' -p O m cn E 0) 0 0 � N i' 2 w w x �- of 1- F-- 0) rn b E U) 42 1.-.0 (n U) 0<n O It V) N M ce) m M M Cl) Cl) ce, *k �t p � � 'gyp 'a)O 'gyp '0 'D Q Q Q Q Q Q Q Q Q U U U U U U U U +�U F- I(PT z )OZ Ln O O H O.a � � O Cj � O 0� O m N �I qj � O � � O �D O v 4 r. OI O hl D Z w 9 w w i(c or a (c ) I LOW 0 T No M 0 00't g W q q iL! fl_ O O w m Il- m 0 I- 0 T I- O [I- () O M 00 f� T T N Cc wN vT CV T O M w IX N O O O O O O O WO CD O O a O 0 N N CO N N N 00 w O M T a v w O N F- Z W O� CL U w Z Z Z W O W W LU Q W W W W ry F' wW R'WwJW F-a w LOmmLF- w IxUE�Z� Z �z F- Q F- F- ' LU OLL O F- >O W W LL QOQZ_ <�m<CO M �ZNF -F-F UU�So M Q w W W Q Q O w w � LU Lu } F- W W? W LL LL m a �WF- >WF -g�Qw UO??OZF -F-UZ � M V w 0 0 0 0 0 0 0 0 0 0 O T P- W O N O M O O L wo O Coo T M Cfl cp T CO CO CO 00 00 O M M M M M M M M d Z 00 c I O O O Z N � C) N N 0) 0) 3 v0 co co co co� O O LL r. OI O hl D Z w 9 w w i(c or a (c ) I FOREST LAKES November 9, 2005 Fiala Halas Hennin Coyle ColeM 1&:r2rte) a ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Ase_ nda I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: June 8, 2005 V. TRANSPORTATION SERVICES REPORT A. Budget — Tessie Sillery B. Update on Annual Maintenance of Pipes & Ditches - Darryl VI. OLD BUSINESS A. Update by Wilson- Miller — Craig Pajer 1. Results of Traffic Control Study on Stop Signs 2. Update on County Wide Storm Water Improvements Project 3. Priority list for FY '06 Budget Update B. Update on Bonness & Pot holes — Darryl/Craig C. FP &L — Street Light Installation update VII. NEW BUSINESS VIII. PUBLIC COMMENTS IX. ADJOURNMENT mic, iwkt twetirw will he Deceinher 14, 10:00, 01 Traffic Operations C'old'ert-rtre t2t oln .2885 llor °seshoe l)ri� e " �ertlr Naplasa 1� I, 34 If ,)4 Misc. Corr6s: Date: Lc;7 9 ' Zo,-5 Item #: o? Copies to: 1 I &I: } (C) 3 LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS October 12, 2005 Due to a lack of quorum the October meeting was not held. The next regularly scheduled meeting is — November 9, 2005. J Fiala Halas Henning_-=- ---�--` Coyle &y ors & Gqa o- N ---- -- Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS Ill. & IV. Agenda & Minutes of September 14, 2006 Agenda and Minutes were moved and approved unanimously. 11PX3-(C) 4 Vlll. New Business: A. Do col lanes at Botanical Place Mr. Neal explained the concerns they have with Developers destroying the landscaping. A meeting with the County (Don Scott) and the Developer, Mr. Neal stated FDOT regulations are adhered to and not applicable to Bayshore because of the CIA special status. Nothing in the County states they have to use the FDOT standards. David Jackson, CRA Director, explained to the Committee of the extensive costs involved with the restoration of curbing, asphalt, and soil and plant material. He also explained some of the action needed and future plans from Developers. Victor Brittan moved to leave the entrance to Botanical Place the way it is and allow the Contractor to Landscape as suggested. This is not setting a precedence or policy (one time approval only). This will be with approval of plans by CRA and the MSTU. Second by Maurice Gutierrez. David Jackson further explained and showed units for Cirrus Pointe and Arboretum Village which have 2 links of road. The Developer agreed to share 1/3 costs to install Bayshore type landscaping, sidewalks, curb and lighting in the right of way for the length of Thomasson. Discussion followed on the MSTU sharing with the CRA. Tom Finn moved to cooperated with 113 (MSTU), 1/3 (CRA), and 113 (Developer) of the cost to design the landscaping and the road treatment as per the requirements of the " Bayshore Design Standards" pending approval for the Cirrus Pointe Project. Second by Maurice Gutierrez. Carried unanimously 5 -0. VII. Old Business: A. Future Projects 1. CAT Shelters Update — Plans are reviewed, permits obtained and will obtain quotes after approval. After much discussion it was noted the MSTU will need to amend their Ordinance to include CAT Bus Shelters. Mr. Neal asked David Jackson to review the Ordinance. Raymond Perrino moved to review the present Ordinance and make recommendations for changes. Second by Tom Finn. Mr. Jackson will review the MSTU Ordinance. Carried unanimously 6 -0. Misc. Corres: Date: l Item * 1 LT" a C ( ) to: I. !1. III. IV. V. lT /l VII. Vlll. IX. X. I&T a y $aysAme &wdifieMioM MAYA Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 November 9, 2005 AGENDA CALL MEETING TO ORDER ATTENDANCE APPROVAL OF AGENDA APPROVAL OF MINUTES: October 12, 2005 LANDSCAPE MAINTENANCE REPORT: A. Ground Zero —Aaron Gross 1. Irrigation Clocks TRANSPORTATION SERVICES REPORT: A. Budget — Tessie Sillery OLD BUSINESS: A. Future Projects 1. CAT Shelters Update — Darryl Richard 2. Letter from Windstar (Effluent water) — Bill Neal 3. Effluent Water pipes — Darryl Richard B. Status on Banner Arms — Darryl Richard /Mitch Riley C. Revisions to MSTU Ordinance NEW BUSINESS: PUBLIC COMMENTS: ADJOURNMENT The next meeting is Wednesday, December 14, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 &yoore $eaaW"Vio^ M.S -'YA Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 October 12, 2005 Minutes I&Ta Cc) y 1. The meeting was called to order by Chairman Bill Neal at 4:00 PM. II. ATTENDANCE: Members: Bill Neal, Maurice Gutierrez, Tom Finn, Victor Brittan, Raymond Perrine (4:08 PM) County: Daryl Richard - Project Manager, Tessie Sillery-MSTU Coordinator, Lisa Tucker - Transportation Others: Aaron Gross - Ground Zero, David Jackson -CRA Director, Sue Chapin - Manpower Services III. APPROVAL OF AGENDA — Add: Under New Business: De -cel lanes at Botanical Place. Victor Britian moved to approve the Agenda as amended. Second by Maurice Gutierrez. Carried unanimously 4 -0. IV. APPROVAL OF MINUTES: September 14, 2005 Tom Finn moved to approve the minutes of September 14, 2005. Second by Maurice Gutierrez. Carried unanimously 4-0. V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero — Aaron Gross • Flags have been changed — discussion followed on the number of the various seasonal banners available. The Committee would like to see the autumn banners at this time rather than the Season Greetings, but to leave them up at this time and put the rest up after Thanksgiving. The Summers Banners need to be replaced. Darryl will check into a fade proof banner for the Spring /Summer banners. Flags on the Bridge were discussed. Will look for new designs. • Fertilized the turf and is greening • Will bill Botanical Place for replacement of sod due to a break in the irrigation caused by the developer. (Mr. McCabe) ***VIII. NEW BUSINESS: A. De-cel lanes at Botanical Place — Bill Neal explained the concerns they have with developers destroying the landscaping. Seven Royal Palms have already been removed. A de -cel lane had been created. Mr. Neal stated in meeting with the County (Don Scott) and the Developer, FDOT regulations were adhered to but not applicable to Bayshore because of the CRA special status. Nothing in the County states they have to use the FDOT standards. Mr. Scott had mentioned he had gone along with the Developer's engineer and the FDOT requirements because of insurance /law suit purposes. Decisions need to be made: Ilo r aCe) y 1) Area restored to its original state and Committee buy Palm trees/or 2) Leave it like it is, with the Developer responsible for landscaping it/or 3) Reduce the area and re- landscape it. David Jackson, CRA Director stated there would be a considerable cost for restoring the curbing ($70,000), and asphalt, and soil and plant material. The Committee was concerned about setting precedence. Darryl mentioned Mitch Riley's opinion of the FDOT rules are they do apply to Bayshore. Daryl read an excerpt from the Right -of -Way Handbook. Revisions to the handbook were discussed. David Jackson explained applying FDOT standards to a County road is a preference, not a policy, requirement or a taw. He proceeded to further explain the future plans of the medians and the area. He would prefer to reconstitute the entire median but mentioned that might not be the best decision. He stated the Committee might want to leave the island/ landscaping and negotiate on the new road. A study will be made on where and what kind of cuts there will be. The MSTU will be made aware of CRA decisions and have an input in any discussions. The MSTU is in the CRA. Mr. Jackson proceeded to explain some of the action that needs to be taken and future plans from several Developments. Victor Brittan moved to leave the entrance to Botanical Place the way it is and allow the Contractor to Landscape as suggested. This is not setting a precedence or policy (one time approval only). This will be with approval of plans by CRA and the MSTU. Second by Maurice Gutierrez. Carried unanimously 5 -0. ***Qack to the LANDSCAPE MAINTENANCE REPORT • Tree replaced due to an accident north of the Bridge • Replace Alexander Palms north end of Bayshore VI. TRANSPORTATION SERVICES REPORT: A. Budget — Tessie Sillery The monthly Budget was distributed. More NEW BUSINESS David Jackson — CRA Director — informed the Committee of the 108 units for Cirrus Pointe and Arboretum Village across the street which has two links of road being 1,250 feet long. The Developer agreed to share 1/3 of the costs to install Bayshore type landscaping, sidewalks, curb and lighting in the right -of -way for the length of Thomasson. The other 2/3's would be shared with the MSTU and CRA. The landscaping would then be the same throughout the area. The MSTU would need to approve this if they are interested. This would cut the MSTU costs by 2/3's. Tom Finn moved to cooperate with 1/3 (MSTU), 113 (CRA) and 1/3 (Developer) of the cost to design the landscaping and the road treatment as per the requirements of the "Bayshore Design Standards" pending approval for the Cirrus Pointe Project. Second by Maurice Gutierrez. Carried unanimously 5 -0. *** Back to TRANSPORTATION SERVICES REPORT: Tessie continued with the Budget and addressed the balance for the end of the fiscal year 2004/05. (Attached) Several different line items were explained. 2 r v w- w » t� n a r. n , T A.2 i .; «§ �. •, AF- vo, TT ,�mT m + Alm, tt I 4e MAWR!` or CALr few IL of i .LMT ... .. �.. a •a' -bs •- - it �'� ^' %kB °I] 5-2 2- m« «naƒ M2k \�� �-k§�\ �k)$�! §�Bk�; 7 §§§B| ■2 °§ A} $§ ` (A( s ! ) I(c or ve*(c q 0 \ CE \J ECD /ƒ -Z CD CL \SS E§ $ / \k /k / « vo=v v- �ma D D y j 0 2 i Z isvlurim� m- �yniul O A C 00ma° � � A a ; �n OW cmor ZW Z T D O < o�y �3 a M m rn m Z 0, m z m- Ov T y 6 zCL a 0 O m a d m fo a m m I(PTa Cc) 4 0 3 A yON mmc =1~ 3 c 3 mom m 3 m 0 0 � W rC W Cc) '� n �o 0 O N i 0 N :=moo O can O H C A O A O N W 0 M 0 3 (D �+ > 1^ m z c°n U) ;mc N ov N C �Am W �Z O� � N N a C < O p EMM cn :I vm y y r v T m� n 0. a C C m W O W 5 (0 A n C m �ima ova mOS O . Z a rm° O sG 'zo m i n V O yyll O V Nm iCyy O Oa Om0 r o �0 N 10 O N ONO m 000 moo eo 000 000 mao auoo oomaaom aomoomae'o� (p.1f N p� �_ �p O O O O N w�p o OE m Oi (li W W W A A MMMM W W (� A A A w W C. OO J W O NOOO 142, O O (tOJ W OO (JAS Wp OO O 00' C O O J O S j ONO 0 m 0 0 A�OOJ 0 m , O O O00000 S O f 0 O N O 0 0 0 - iZC�c���-O mDOmmzm --O(� zmc �mTTmmm m 1�.'9A mmm W w1 cC� Tvl- SDr� v20TOAr �c- �m-im_ 5 cu',Zf ��o n� o OZZ Z G) n A D C-- m_ rr�r Z mm �1ZtopAS m s vvz OGi -a m 'A z sm�m -i .� pp� on_�nmm Z c AAGA)� n y a a an d my m s _ x -� _ Z m I1 i <�ccm0 ZT cnC xA-E imAm ;cn 1m1 Z TZ525«< O ADDNcncn mmm m-ml-n 1-1 m m�GpG m W ZCSAFACZns71 O L O vm ZAOD -u1 '0 m 25_ m3 ��vCm��m m-in O x T� z� px u,Ammm ?v�� In ch r -I�-1w mm ZZ �7 m D O nc')C�� c- nnTTT -000 z0 A "'� _'� pm �zmm�- v ac N-cZr(� �pN Sm's- nmm x <n < m0�Ta3 un Am mE Q. m Z�0TZ �� 0-iA u mp M OOa�zz ;T:il mm� ZD O-i < pD T M0OA�ja Amm TCin I6 0C TT Z ��v! LD z Z v Z-Zi� y �m -{ tnmm Z� xa mP w �< C") T7J- I p x�'n v ��Ci TTOD.71 OOrrms < m 1- -10 m z�-i -Eps� z �O Z m m_ JoA viw rn o o C m m ;Z pQ $ o cZSmv w�pAS m A �mx m 1Pr DA3m m W -I m DO�m AATA� mmADZ O wZm 15�► .n CmCC'Sn FF C�C�rfn rcomAm 'U Z -1-ic� ��rnr v�� N i� wr �wu�Am� �p'm o wO�A<m� oz $ >�> • o N Fn o i rzlr -_ ;,DD � -per O� T A B > s m mnCCC�Om N x uAi � Z 0 'HOC D w x< Z D p��c� Dm m m C525 X D cn �mm�Dm N D �rr� m_ 0 Z ° ° my z cn j mm nn v' b Zrnm « D �m w n m `N°' �°'� Z Z m o N �0 `gym Q m m C-Zi p -Zi N m �z mCz j w cno 2 Ny cn A� m C 0 N N a 0-0 m A Z a + rn o A { ? p ro m A rt7 cn o F p Ip m N 5e m.+ O OO S 000 O O O 00 0000 CaO 0 COCO COO 00000OOO °o OOOO°OCwilcOeCCOO �+0 000 °o A N e { O PPP. 0 O O O O O O O O O T O O wC W O V t O N 0 O 1> 0 0 O O O 0 0 A C OOf EWD O t D 0 O O 0 0 j 0 O O O O S I p O 0 0 t 0 f O 0 0 N 0 A 0 0 0 0 1 (per p • O oOOOO CC C °o OOS ® o00 OOOOS 0 oO So O0000 BSSOOOO o00000000OOOOOOOO� OOSOO OO °o °o °o °o °o °O °o °oS °oS °o °o E � a a _C °o F all, CS.� o w o 0. Ow" O 4-1 0 0 0 (An o o O o o j}1p1 p O O f:? SOSS N NS SS O O S S OS 00 OS 1P NI�� Oo Nw.A NS O 00 O> A r 01 O A O� W -f61 Ili A ID W -� o O O O O O O O O O O O O Zi S S O O O S S N S (T y� O t0 � ' A pO O o O O V W V ID O °eCO W '2� o r~Y ► i o CO OOOIO°J oG r-4 ofOO 0 m � r j O O W V 00 A 0 3 A yON mmc =1~ 3 c 3 mom m 3 m 0 0 � W rC W Cc) '� n �o 0 O N i 0 N :=moo O can O H C A O A O N W 0 M 0 3 (D �+ > 1^ m z c°n U) ;mc N ov N C �Am W �Z O� � N N a C < O p EMM cn :I vm y y r v T m� n 0. a C C m W O W 5 (0 A n C m �ima ova mOS O . Z a rm° O sG 'zo m i n V O yyll O V Nm iCyy O Oa Om0 r o �0 I&Tatr)4 Bayshore Beautification MSTU Monthly Activity October Meeting Report Title Sub -Title Amount Other Contractual Ground Zero - GM $945.00 Other Contractual Ground Zero - Inc. $465.00 Other Contractual Ground Zero - Inc. $475.00 Other Contractual Ground Zero - Basic Maint. - $5,083.65 Total $5,083.65 Fert/Herb /Chem Prosource - credit - $252.87 Total - $252.87 (Lighting maint. Eb Simmonds $370.00 $370.00 Sprinkler Syst. Maint. John Deere $66.02 Total $66.02 Electricity FP &L -Irrigation meter $8.46 Electricity FP &L -Ba shore entry lights $8.97 Total $17.43 Improvements General Kris Jain & Assoc. - Bayshore Bridge 1 year observation report $360.00 $360.00 Total Inv. Paid $5,644.23 All PO;s were closed except: Lighting Maint. - $12,215.00 This is the FY04 -05 end of year September invoices on October meeting report 1� Advisory Corhmiff" 2705 Horseshoe Drive South Naples, FL 34104 I(Pra cc) s Moseys t. SUMMARY OF MINUTES & MOTIONS October 18, 2005 III & IV. Approval of Agenda as amended was carried unanimously Approval of August 16, 2005 minutes were approved and carried unanimously. V. Transportation Services Report: A. Budget Report The end of 2004/05 fiscal year Budget was presented and distributed along with the 2005/06 fiscal year Budget. Many questions were addressed concerning the Interest Credit and various revenues from the County Appraiser and County Tax Collector. The Committee is asking about the interest rate. VII. Old Business C. Benches Carol Wright moved to purchase 6 benches, arrange for storage and installation and not to exceed $6,000 for the benches themselves. Second by Lew Schmidt. Carried unanimously 3-0. IX. Sub - Committee Update's: A. Utilities -Jackie Bammel gave and distributed their report. (Attached) The Subcommittee will meet with Commissioner Halas and County Manager Mudd and County Staff for further updates. VII. New Business A. Committee Membership - one application for vacancy on the MSTU Committee. Lew Schmidt moved to recommend to the Board of County Commissioners that Dick Lydon fulfill the Vanderbilt Beach MSTU vacancy. Second by Carol Wright. Carried unanimously 3-0. Misc. Corres: Date:-/ Item #: /%107 C (5� Copies to: I & or a<4 ) s vowt..siee ASAMAO � M.s.Y.a. ,Advisory CorwrMittes 2885 Horseshoe Drive South Naples, FL 34104 October 18, 2005 Minutes I. The meeting was called to order by Chairman Dick Lydon. 11. ATTENDANCE Members: Dick Lydon, Carol Wright, Lew Schmidt, Bud Martin, Charles Arthur (Excused) Collier County: Darryl Richard - Project Manager, Tessie Sillery-MSTU Coordinator Others: Jim -CLM, Mike Morrow - Regatta, Jackie Bammel, Sue Chapin - Manpower Services III. APPROVAL OF AGENDA Under New Business — A. Committee Membership, and B. Sunshine Law Lew Schmidt moved to approve the Agenda as amended. Second by Bud Martin. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: August 16, 2005 Lew Schmidt moved to approve the minutes of August 16, 2005. Second by Bud Martin. Carried unanimously 4 -0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report — Tessie Sillery Tessie covered the 2004/05 end of fiscal year Budget (Attached) and 2005/06 new Fiscal year Budget (Attached). Their carry forward amount is $1,224,619.52. Several line items were covered and explained. It was noted the Indirect Cost, the Tax Collector and Property Appraiser have gone up and the Insurance down. Tessie will get more information concerning the insurance — is it for Directors and Officers? 1. Credit Interest — this is an amount from the Tax Collector; collected from the current Ad Valorem taxes which are accumulated into one large fund and then distributed to all the Districts. The percent is depended upon how much revenue is collected quarterly. Bud questioned the interest and asked if the MSTU could invest their funds into a high interest bearing account. Tessie responded they couldn't under the Ordinance, but she will get an answer for the next meeting. The Committee discussed the interest at length. 2. Dept of Transportation Revenue explanation — the amount of monies shown is the reimbursement from 3 past hurricanes to the MSTU — ($2,235.19) *raCc)s VI. LANDSCAPE MAINTENANCE REPORT: CLM A. Irrigation repairs according to Contract • Irrigation and sprinkler repairs have been made • Have sodded by Regatta • Couple of accidents had occured (Bud Martin left at 10:40 AM) C. Maintenance — Lew Schmidt • Need to replace plants according to Contract — Darryl asked for a list of all plant material replacements from CLM • North of Germaine — plant material and sod • Discussed different options of Landscaping at the different intersections (replace Lirope with Purple Queen) • Lew will meet with Ms. Burkhard concerning her landscaping issues — they could not be addressed sooner because the regular MSTU meeting wasn't held until today. • Lew asked to have staff pursue checking into an Central Irrigation remote system control — Darryl will check on prices VII. OLD BUSINESS A. Decorative signs and poles — Lew Schmidt stated both the Vanderbilt Beach and Bay Homeowners Associations stated they wished to hold off on the signs and poles until they know what direction will be taken with FP&L. Their priorities are to bury the power line. B. Bike Path Update — Lew Schmidt reported the drainage at the intersection of Vanderbilt Beach Road and Vanderbilt Drive. Commissioner Halas had asked to have the area addressed also. Dick Lydon has contacted Pelican Bay to rid the Vanderbilt Beach area of scum on the water across the street. He asked to have it addressed and whoever is responsible for it to get it fixed. C. Benches — Lew Schmidt mentioned there is a total of 7 benches. Discussion pursued and the Committee decided to purchase a low maintenance bench. Carol Wright moved to purchase 6 benches, arrange for storage and installation and not to exceed $6,000 for the benches themselves. Second by Lew Schmidt. Carried unanimously 3-0. Darryl will check on storage; and with Commercial Land Maintenance on installation. The Donor Plaques will be cleaned and installed. IX. SUB- COMMITTEE UPDATE'S: A. Utilities — Charles Arthur — In Charles absence, Jackie Bammel gave the report. She distributed the Subcommittee's report. (Attached) Meeting took place on August 17, 2005 with persons from FPL, Darryl Richard, Tessie Sillery and the Committee. Discussion included: • Repairing overhead lines versus underground in event of a hurricane • Discussed the procedures and requirements • Easements & easements for switch boxes above ground • Conversions /meters, tariff and cost of hooking up • Project done in phases due to costs N Wra-cc) so • Estimated cost is $6M, largest cost is for Gulfshore Drive - estimate of $4M • Street lights - different poles Will meet with the County Manager Jim Mudd and Commissioner Halas soon to discuss the issues of relocation agreements and easements. Darryl mentioned the MSTU submitting another proposal to stay within the Budget and perhaps do half the project. Dick discussed funding issues with possible bonding. Further discussion followed on the hook -up for homeowners. Darryl asked that County staff be present at the meeting with the Committee and Commissioner Halas. B. Sidewalks - Carol Wright reported on the pedestrian bridge on Vanderbilt Beach Drive is not an MSTU project, but the Committee is being kept informed. She was told by Trinity Scott there is an issue with design, it will be pre -fab, they may use fiberglass because of brackish water and will be allowing approx. 6 months for the consultant. There are environmental issues. The County will come to the MSTU in January/February for their opinions. Their goal is to finish next summer. The sidewalk on the west side of south Gulf Shore Drive will be done April/May. Trinity Scott is the primary County contact person. D. Tax Analysis - Bud Martin - no report E. Liaison - Dick Lydon - no report VIII. NEW BUSINESS: A. Committee Membership - one application for vacancy on the MSTU Committee. Lew Schmidt moved to recommend to the Board of County Commissioners that Dick Lydon fulfill the Vanderbilt Beach MSTU vacancy. Second by Carol Wright. Carried unanimously 3 -0. B. Sunshine Law - The Sunshine law was brought up and discussed briefly. A Sunshine Workshop with all the MSTU's was suggested. Manpower and Darryl will discuss the possibility with Diane Flagg. XI. PUBLIC COMMENTS - Mike Morrow /Regatta mentioned the County did not approve their new sign according to the Land Development Code, so it will not be installed. There being no further business to come before the Committee, it was moved and seconded to adjourn. The meeting adjourned at 11:45 A.M. The next meeting is scheduled for November 3, 2005 AT ST. JOHNS PARISH LIFE CENTER 625111 Ave. Naples, FL 3 wTarce)s VAMIdW81ti aAD A JN.S.YA Advisory 0oxw4ff" 2885 Horseshoe Drive South Naples, FL 34104 November 3, 2005 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: October 18, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie Sillery 1. Insurance clarification VI. LANDSCAPE MAINTENANCE REPORT: CLM VII. OLD BUSINESS A. Bike Path Update — Lew Schmidt B. Bench Update —Darryl Richard IX. SUB- COMMITTEE UPDATE'S: A. Utilities — Charles Arthur B. Sidewalks — Carol Wright C. Maintenance — Lew Schmidt D. Tax Analysis — Bud Martin E. Liaison —Dick Lydon VIII. NEW BUSINESS: XI. PUBLIC COMMENTS XII. ADJOURNMENT The ne d meeting is scheduled far December 1, 2005 AT ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL I s Vanderbilt Beach MSTU Utilities Subcommittee On August 17, a meeting was held with FPL to discuss our desire to bury utility lines at Vanderbilt Beach. The following were in attendance. MSTU: Charles Arthur, Jackie Bammel, BJ Savard -Boyer Collier County: Darryl Richard, Tessie Sellery FPL: Joe White, Mark Johnson, Kate Donofrio, Grover Whidden The meeting began with a discussion of the issues involved in repairing overhead lines versus underground in the event of a hurricane. FPL continues to maintain that overhead lines allow power to be restored more quickly than underground if underground is flooded. We indicated that we understood this issue but we more concerned with everyday appearance, safety and service interruption where flooding did not exist. We do not think Vanderbilt Beach has been flooded since Hurricane Donna, therefore we prefer to proceed understanding that major hurricane events do occur but not in that magnitude on an annual basis. FPL then proceeded to discuss the procedures and requirements for burying underground lines. The cost of underground service cannot be included in rate base therefore the need to charge communities for this cost. Easements are required for trenches and above ground equipment such as transformer and switch boxes. FPL will waive the easement requirement for trenches and will bury the lines in the right of way if the County signs a relocation agreement. This agreement would require the County to pay the cost of relocating the lines if they were required to be relocated in the future due to road widening, etc. Homeowners who currently have underground service to their homes would not incur a cost in making the conversion. Those with overhead service would pay for a new meter, a tariff and the cost of hooking up. This would run approximately $1,100 per home. Due to the size of this potential project, it would have to be done in phases. This would require the study to be updated at some point which would result in an additional cost. K Mark estimated the cost of burying lines on Gulfshore to be $4,000,000. This is strictly a ball park estimate and was not based on any detailed calculation. Clearly Gulfshore Drive is the most costly part of the MSTU to bury lines. This is because the voltage is higher due to the large condos in the area. One issue with Gulfshore Drive is the requirement to get easements for switch boxes. These would be located on the east side of Gulfshore, and some would require a 20ft. by 20ft. easement. Smaller boxes would also be located on Gulfshore, but would be less conspicuous and require smaller easements. If the lines are buried we would have to do something about street lights since most are on utility poles at the present time. The next step in the process should be to discuss with the County whether they will sign a relocation agreement. If the County is not willing to do that, it would be very difficult to bury lines since an easement would be required from every homeowner. Grover is to send us an agreement form so we can discuss this issue with the County. Charles C. Arthur m r M C � O � y � N a N N � Q g ooa 0 � rt K y v O Ln K 0 a �co co cD , fo to ol(PPto co co co rn N a>v,a>rnrnrnTTw—.l N N N N N N a,rnrn N rnrnrnrnrn N N mo Z 0 0 O O O O 0 O A (N(�� (N(�� A A A ((N�� A A ((N�� A A (N(,77�� A-1 m M a W w W w w w w w W w w w W A m X S co co c0 ma N rocoro O O v W rnrnrnrnrnrnm0mm0m N N ccApp ccoo T T CA7c ((A,,,�� W_ + 0)M0),�rnrn A A A A� Z ' W (c.0� O O N N O) �1 -• c0 j co A m O 0 w ti7 A C W O O o O D 0 0 O O O O 0088 O O O co O 0 cO0 O 0 O do O� O 0 0 O 0 S ((�� O SO W w co co V co O W C m �7A mm wooer cc- vOTOrKWM2*MTX0002M �m�mc -p cwar 0 o o --1 Z ,n Tmmm Tm co fn mz m0 00 OOZ A O Zx �m-+m>ozo Ax Ar =ArxT Or Arc- iow3. mn�o a.q m x mA- AmZ 0 O C�0 mm m_ w> �D (nm(n -i-�T �-I;o m G m Z 00 N 9 D -p rz m O0�- V�Dm 0G) c�m.nm �... nm (��m � d A DDww r ��� m Z�n�nG am n nni (70 arz0Z A nnmT vv00 0 �� zz0 z vb�mm CAKmm< -G)� mM � g�m0 �� m mmw� D O xx m (n'n m m? w O: x z w r z (n(nmm m m m� _ m N � m� m (� '•' I A Op (pn [An0 D 3 Dim x IIW Cq AA�Z �m � -y-I -i ZNOO ��(n(cn D D r Q,r� c�� 0m I'� Z O ��rZ a) CD pX(Ki� G)mstO(1) m (rncA �(Ai)m my c y z d! 00-1 y� a W �mG_ m D m 0mm i'',X 1.,,0 mm�m �� (n D�0 v�� C c mm m w-zi plm 3 z z m m: m O m m m m w m m C A � i N A p c m a a m A n 01 3 z 3 ui - Q CD N N �I—D O O n (D N W + + � � N D 0 w O W OD N Cn A� 0 0 COO 'co N # O O O O O O O A O O A O + O O O W N S 0 O N S 0808 O C71 O O O (q� O O O 0000-4 -4 0 0 eve 00 p oSo 0 0 0 0 0 0 O O O O 4 0 0000 S O o O O O O o o 0 0 0 0 0) N 0o r r, T c � 0 eO O O OOO eOp OO eOe OO O O O p0 0000 00000000 OOOOO °o Cn. y mil .ZTI Q S 0 0 0 0 Q O O O O 00 S O V O O O O O O O O V O O O 0 0 0 0 0 (per c + oC C- J� W+ W A,yQ +� A�py +O(p� OOAi N(cOjc O O (Op�D O O O O O ,Ogaf O S O p S O O O O O BN (pN�SW O O O S O O O O O 8A8� O O N w p O 0 0 8 8 8 99 �Q O 999 pO O 8 a 9 9 O O S S S 8 8 O O S -00099 0 O °o Ic Z C v v O o 0 0 0000000 0 0 O oo 0000 O 0 0 0000 0 0 0 }0� 0 °O 0 0 °o °OOC)O 0 0 0 0 °O 0 0 0 0 0 0 0 0000 0 0 °o 0 ° 1 Z g g 8 $ C) o coo O00O °o °o + + C. S 0p .. OpT LL.Of c'W0D "W m Z WpW >1 pAy app p S pA Np 8NN8W pO 0 0 BA A O o 0 0 0 $ 0 0 0 0.0 oO O O O 0 0 0.0 O O 0 A y p W $ OOSS gS 8 885 @ 8 099008888 C. OO9 01`" N ° Q m'I3 N C C ; y oOo 00 O Ll 0 o O O G O o Oo o o O O O O O o 0 4 0 0 0 0 0 0 c C 1� O 0000 9 SO O O S S $ 9000$SSSS009000899 + o nxn + N V + c0 co T O Z m Cc O 00 00 O 0 0 O 00 A SO -�+AO S,A',1a° +w OAi w oOQ' °o Co m,�r p p S O O O O p co pp pp o O N O O 01 T (,� of co O o1 + 0000 O 00 q p 9 +9S009NV9S0AACDOm998 + + + r co N CD W> CO a T n C'1 cpa S A W (,� 8 W W �OOA S (��p coo D {O N S 0000 9999 qppl O 00 S S 1��pp V aqcp O f S pO 8 S O 9 S 0 OcO�D 0 SOD W OOCwn 9 9 VOi 0 0 ((+�� A OOD O 0 S S C n T M C � O � y � N a N N � Q g ooa 0 � rt K y v O Ln K 0 a 61:a(05 Vanderbilt Beach MSTU Monthly Activity - Sept & October Meeting Report Ti +lo Si ih_TitlF? Amount Other Contractual CLM- Inc - Irrigation repairs on all various medians $348.00 Other Contractual CLM - GM dispose of 2 benches $140.96 Other Contractual CLM - Inc $261.00 Other Contractual CLM - Inc $391.50 Other Contractual CLM - August Maint $2,185.00 Other Contractual CLM - Sept. Maint $3,465.00 Other Contractual CLM - GM - Resubmitt $217.50 Other Contractual CLM- Hurricane Frances $323.68 Other Contractual Plant Materials on enbankment sw corner of Blubill & gulshore $2,539.00 Total $9,871.64 Electricity FPL 8.72 Electricity FPL $8.72 Total $17.44 Water & Sewer CC Utilities $1,827.30 Water & Sewer CC Utilities $904.80 Total $2,732.10 Fer /Herb /Chem Prosource $1,234.00 Total $1,234.00 Other Misc. Services Manpower $256.12 Other Misc. Services Manpower $195.25 Total $451.37 Total Inv. Paid $14,306.55 P.O HISTORY All Po's were closed for end of FY 04 -05 c m N c 3 o 0 Im 00 OD rn m 0 O O c0Cilil00 0 PO �N -� A D. W W A O O W W O O W m -I 0�0 0�0 0�0 OWi W W W 0 0 �p Co co co cc » Co N N W W Na N O L ID m O O O W O N O W N� 0 0-� 000000000 m o rn D D m m z m< z m c mCmm�� � �cmp�jm�m < M M X X W C 'S W M Z mo0w n�mm-i -� y��rnm�Zzcn�o pzDZ< 0>>MMZ r m �O��� iM��rm ��-1�0 z��n-+ 9 m M O c j- -n m �� Z m m mW o� � �' c 00 cn zm �° °m m m m 0 � �o � zrn � m D m D coo Nm °o CO) a�irn� - co OD 00 N 0 P.000OO0000 C 0-000000000 0 0 0 0 0 0 0 0 0 0 0 co N X co 0 < m Wi�--4 rn 50 o 0p C) pp 0) o °o O °°0000c(oomom l(ora(c),T A � � cn � o � Geri coo co I(JT)Wtt)5- O a o p, CI` ee A � � y N O ^� O O tAi o � � N � O � O� w i 0 d a O v, d a 0 u, 22 A A N ((D N TO 0001888OO 898998888 0 m0 p p N(NA� N (AN�,(NA�(yN(A��a ((yN��.. (ANA (Np�(�N�a(N�a N(Ncyy��((AN�� E N W (N(pp�� NNc� W N W W ZO 88 O O 0 0 0 W W W W W W w w w W W W x W W 01 CD c�co co OD co V I c0 co W c0 V O •4 O �TO>�'&' U CM �'°'�'�'�'�SOf A WOO (� (� nm ( jO 0C NN 0000 O 000 j W 00 W �N 0 W o tDw.. °om�0 W CD j`�' °oa ��c °oc6"c� AcQQ AQQ� Op °mc c�o w X m 0 r vOTOr�(nmZ�mvc�c>OZm ;u ;a mm Zv A 000-1 CC�I �m-imc oCto =C�m r-00 m z n T T TT,-(J� Vf (n mm mz m0 v0 Gi G�Z 3� NO ZS�SG�r2r zm m�mDC� r%�DS v m0 cba u�i m:U- X m o '.� 00mm DD�y to 1�T i-im :Cl �m D- um�O ^Z�17A��_,�.�, m0nQ0 (�m� ()O�� m 00 TIT r p � m z z ZO v� 0 (n< x (n�mm� A (n-' -n -Zoz n- i m �a v O;p 00 :17 �0 x� zz0 0EnC - (n p-I�� r < (n<nmm -G�* m� ci A(n -{ c� m zz00 -�-i DO mm AS mm? m m 0 00 ,Z1Zy 00nm �mTZA m 2 ! (� 1m� C-2 IM o. AAT-zi mrnDZ 0C►1 my p°mm �� wwo vD.A x> � z(nop ° —comc y D r Qor c9 Dim cnC x 0m �°° adoo�or0 Oc z �F AXcn D m rD- �C9.vi z m M;0 �G fA � A tn(n�n 0 y0r_ o �A M 0 m< X z D < nmm K m 0--q . '� n o mm�N v �m 0 �-zi 00'� 3 ZI n' Tm (n m aC,? min m 1 C A <N{ Imn Im j o'. m'.. m m p c cRi m o (7 'a m m2 °D- w °o3 z �, v 3. N fC N (D A °o f O C,, O.. O.0 a �j0 3 $'ooA $o 000000�000000Vw000 00 008' oomoo0oo�m 0 $ o000 °0 °00000 0 00 000 00 °0 °0 °o °0000 °0 °0 °0 °0 °0 °0 °0 °0 °0 °0 °0 °0 °0 $ 00 $ $o $ y r T C � z 0 0 0 0000 0 00 000o 0 000 000000 0 00 �a 00000000000000000 cm M $ $ Coocoo $ $ $000 0000000000000000000v0000o00000 0 oC 0 0 2 cps app O ap OpN� pN 00 OD pA tlBi N�N 0oCp1O O OO OSO OO OO OOOOOOpOoOOo V W OpO Cof',0 � $ $ O O O S S S jjO�� r4 -089 © o p S $ S S O O S S S S S Q O S 0 0 0 S S �.. N Z C D � o O o 0 0 C 0 0 0 °o °o 0 0 0 °00 0 Co. °0 0 0 °o 0 0 °0 °0 0 0 °00000 0 0 0 0 °oo 0 0 °OO 0 0 °o °o 0 0 °o °o 0 °m °o M Z 1 $ $ 0000 $ g00 $ N s: 0 $O V 5V� $N a* P co ..'. i$71 W Qi z $ o A. 0 00 88 00 00000iSOO 00 b � p $ $ o0S9 $ SS °o $g $oo 8800$808 0 °08000 8m N 0I 0 r C yp J O O O V V V w O pC4 O (N� N OD O A V N O Q; O m V o 0p 0 0 0 o O O ®® S O O O O O O O O O O O O 0 000 C C 0 C 0 V - Q 888999999998886099 . oTx� m N N 000a CT'( I° 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 OO' °ogboo (� a o y m r $ $ 00000000 0000 egg SSO009888gOOooS .Aj li. 8 rN V N C N p O0 fo � OD N(N71 cC0� N C0 p z lz C 010 r 1 0 p O? O O }��J 00g 0 0 0 p 0cO p 0S O o o W Ooi qN Q) W W is g S S W O O S O O S O O O S S O a o p, CI` ee A � � y N O ^� O O tAi o � � N � O � O� w i 0 d a O v, d a 0 u, m O O O C O 'V W o0cornrn000000rn mo CO Cfl f0 N N CO CO N z 0 0 0 CTi fJi O O Cfi N 0 0 0 0 0 0 0 0 0 m D� z m z z c ono oho w rn rn cwi n W co Cfl o O t_ OO O N) CO wNW-40 m 0 0 0 0 0 0 0 0 0 m D� z m z z c G) ;0 D;oZ;oz(A;uX -< 0mo -imm <Mrmwcmwz m0'-�mm -►� -n � Cn 0 y�y O� p X p� A y 0K0<m O D ;o K Z� n D m� X gym. -+m Mr- �� m m m z < cmi� m Z c rn m ^' m N 00 O N sp v I, O O O O O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M O C rn m °o n w �d Wrara)"T A N O N O O O cp '-3 O � � W co N O co � coo A co 1&J7D-(0(e t . PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY OCTOBER 26, 2005 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET SUB - COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, OCTOBER 26, 2005 at 3:00 pm Fiala Halas 1. Roll Call Henning, +..-- - 2. Approval of Minutes of the September 21, 2005 Meeting Coyle -� 3. Audience Participation Coletta 4. FY 2007 Step I Planning • Review and Revise (if appropriate) Mission Statement • Review and Revise (if appropriate) Objectives 5. Potential MSTBU Tax Relief Status 6. FY 2005 Year End Results 7. Oakmont Lake Project 8. Sub - committee Requests 9. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597 -1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay — located in the County's District 2 Mist. ;;arc:6: Date:_l.i 29. �15���,1 Item 1_46, - � ,C (.! . C I&= a1c) f� MINUTES BUDGET SUB - COMMITTEE September 21, 2005 Naples, Florida LET IT BE KNOWN, that the Budget Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 21, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. Matthew Mathias Mr. John laizzo Mr. David Nordhoff (Absent) ALSO PRESENT: One (1) resident and three (3) members of the Pelican Bay Services Division Board; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Ms. Jean Smith; Operations Analyst, Pelican Bay Services Division; AGENDA 1. Roll Call 2. Approval of Minutes of the May 18, 2005 Meeting 3. Audience Participation 4. Review Unincorporated Area General Fund Taxes - do we have an opportunity? 5. Getting Community Input - What? How? When? 6. Sub - committee Requests 7. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Nordhoff with an excused absence. APPROVAL OF MINUTES OF THE MAY 18, 2005 MEETING Mr. laizzo moved, seconded by Mr. Mathias and approved unanimously, the Minutes of the May 18, 2005 Meeting. AUDIENCE PARTICIPATION Mr. Sutphin stated, "Mr. Burke, I will call on you since I believe it was you who distributed this Annexation Report ". Would you care to tell us what it is and where it came from? Mr. Burke replied, "Last Friday afternoon I was made aware that the Naples City Administration had prepared their Urban Services Report ". I went down to the City Clerk's office and obtained a copy. It was given to the City Council Members in preparation for their workshop this past Monday. This is the report they are using to proceed and is the basis of their questions 417 VP I; Wa- (e ) (V Budget Sub - committee September 21, 2005 and answers. The Council Members raised as many questions as the Report answered. A couple of people, including Mr. Spanier and another individual looked at the numbers on this and if any of you have ever asked the question of why do we not want to be annexed or why does the City want us, you can pull out of this the fact that the City picks up a minimum of a $19,000,000 financial windfall over the first ten years; scrap the first four years, they are irrelevant. The $19,000,000 is a minimum and could go to $30,000,000 - $35,000,000. There are some City fathers, the better business people, who are supporting annexation who have said to me that the $19,000,000 is conservative. It is a hard number and you can get your hands around it. For me, that is the reason the City wants to go through all of this trouble. It is not so easy for me to figure out why we want to be annexed and the answer I received was that you are going to get better government. Am I going to get a reduction in taxes? No, it will be about the same. Am I going to get better services? No, they will be about the same. You are going to get better government. To me, that is where this is now. I asked Ms. Smith to get this out to each of you so that you could see it. Mr. Sutphin stated, "This is obviously in the public domain ". Ms. Smith stated, "I have not given this to other Board members ". Mr. Sutphin replied, "I think you should ". It is not an agenda item for this meeting and I thank Mr. Burke for making it available. Mr. Burke stated, "I think it would be good for all of the Board members to receive it ". Mr. Sutphin stated, "As a matter of interest, I read the last couple of articles in the Naples Daily News on annexation and as far as I am concerned, there is nothing new". Mr. Burke stated, "Both Mr. Spanier and I were at the workshop and neither one of us spoke ". There were some speakers from the City of Naples and their comments were, "bigger is not better ". Obviously, with that kind of a financial windfall, I think they need the money. That is pretty powerful. Mr. laizzo stated, "Yes, there are two issues; municipal power and the money". Mr. Sutphin stated, "About six months ago I did a discounted cash flow analysis on annexation, based on the numbers that were available at that time and they really haven't 418 Budget Sub - committee September 21, 2005 changed ". It showed that if you looked at it from the standpoint of the City of Naples making an investment in Pelican Bay it has a discounted rate of return, and I believe I used a figure of 4% as the municipal cost of money, of approximately 39 %. It is not a bad deal and is an investment that you would make if it were your money. Mr. Spanier stated, "In addition to the money to the general taxation, this Report deals with two significant surcharges that will be assessed on Pelican Bay residents that have never been mentioned before ". One is the utility tax surcharge, which the City uses to fund all of its' capital programs that will be charged directly on our utility bills. There is also a telecommunications service surcharge that would be charged directly to the Pelican Bay residents. When you read the projections, not only of the General Fund, but the two additional funds that fund all of the City of Naples Capital Works, as well as their contemplated improvements to the stormwater system, you will see they will net out, in addition to the $19,000,000, approximately another $6,000,000 - $7,000,000. After deducting all of the costs of setting up Pelican Bay and combining services, that is our gift to them and it is coming out of our pockets. Mr. Sutphin stated, "One item of interest ". We had our Budget Hearing for the Non -ad valorem Assessment before the Board of County Commissioners on September 8`h. Our portion of the agenda lasted somewhere between two and three minutes. The budget was approved and the only question that was raised was by Commissioner Halas and even though I covered it in my presentation, he wanted to be assured that the taxpayers in the District had been apprised that this was a one -time reduction and that the assessment was going to go back up. I assured him that we had done that via the Pelican Bay Post and the Pelican Bay Advisor and Mrs. Smith subsequently mailed copies of those article to his office so that he has his posterior covering in place, if the issue ever comes up. REVIEW UNINCORPORATED AREA GENERAL FUND TAXES — DO WE HAVE AN OPPORTUNITY? Mr. Sutphin stated, "The General Fund levy is an item on our tax bill, that everyone is Pelican Bay pays by virtually being a part of Unincorporated Collier County'. This is the specific 419 I cez att) Budget Sub - committee September 21, 2005 tax that would be replaced by the City of Naples General Fund Tax, if we were annexed. Mr. laizzo, among others, has been quite vocal that he feels that there are areas in this levy where we are in effect paying twice for the same service. I discussed it briefly with Mr. Petty and I can't remember the word he used to describe this effect. Mr. Petty replied, "I referred to it as Fair Share Revenue ". To make matters clear, this is not the General Fund Levy, this is the MSTU overlay levy. Mr. Sutphin stated, "It is called several different things and it is one of the causes of confusion on the tax bill, which I went into at the last Board Meeting ". Mr. Petty stated, "On the tax bill it says Municipal Services Taxing Unit and there are specific responsibilities to that name ". Mr. laizzo stated, "I thought the Unincorporated Millage was equivalent to the General Taxes that we pay for the County". Mr. Petty replied, "No, sir ". Remember, government has to be fund specific. If a government raises revenue, it must create a fund specified for the use. We can't just put a tax out there and say we are going to spend it for whatever we want. We have to tell the taxpayers first. The General Fund is where the general responsibilities of the County lie and is the basic services that we get from the County. Ms. Smith currently shows it as 4.16 mills. That is the County General Fund levy. For the Municipal Services Taxing Unit, which is for services above and beyond what is considered to be those provided to everyone in the County, they overlay that into the Unincorporated Areas of the County and say we are going to give you extra services above and beyond what we would normally do as a standard County service. Those are going to include, on face value, landscaping and streetlights, but when you look at the list of items that are being funded, it is quite a list. Mr. Sutphin stated, "The next two pages in your package are a listing of items in this tax levy". Two items on your tax bill that are Pelican Bay specific are street lighting and security. They are divided into two general categories, operations and projects. The handout that Ms. Smith provided at the start of the meeting happens to be landscaping projects. Since landscaping is our single largest area of expense in Pelican Bay, it also appears as an 420 I(FrX04 Budget Sub - committee September 21, 2005 Unincorporated MSTU tax item, with a whole list of projects under it. It is a lot of money and the reason that I am showing this is not an attempt to analyze it in detail, but to raise the issue, is there an opportunity for PBSD, since we provide some of our own services in this same area, to have a negotiation with the County to attempt to get some relief? Mr. Petty felt that it was worth exploring and I have agreed that when the appointment is made with the appropriate person, I will attend that meeting with him to see if there is anything worth pursuing. The attempt would not be to go through it line -item by line -item, but try to negotiate some tax relief, simply because we are performing work here, that if we didn't, the County would have to come in and do it for us. Hopefully, there is something there and in a month or two we should be in a position to report back to this Board that we were either successful or unsuccessful. I will leave it at that for this meeting. Mr. Petty has agreed to see who the right people might be to talk with. GETTING COMMUNITY INPUT — WHAT? HOW? WHEN? Mr. Sutphin stated, "The Pelican Bay Services Division Board has been criticized, both externally and internally, by people who attend our meetings and Mr. laizzo, that we do not seek community input in our decision processes ". I think to an extent, that is true, although I will have to say, in general, most people even when asked, are reluctant to say anything. A real life example is that I wrote the articles for the Pelican Bay Post for two years. It was a minimum of once a month and in season it was twice a month and occasionally I would throw in a Budget Sub - committee article. Every one of my articles ended with the sentence; "If you have any questions on this or any other issue, please feel free to email me at..." In two years I probably received thirty or forty emails and 80% of them were from the same three or four people. I answered every letter as precisely as I could, as an individual, not on behalf of the Board. If that is an indication of the interest of the community in asking questions about what this Board is doing, the conclusion I come to is that 98% of them do not care, unless it is an issue that hits a "hot button" with that individual and then they are very vocal. In general, they do not appear to be all that interested in telling us how they feel about things. Mr. laizzo stated, "If you are going to seek responses from the community, you should certainly seek it when there is money being spent outside of the mandatory and essential levels ". 421 Budget Sub - committee September 21, 2005 That is when I suggest that you go to the residents and ask them if this money is appropriate to spend. Mr. Sutphin stated, "The question is how "? I have given this a lot of thought ". I am proposing that we start with a very simple questionnaire and 1 took a shot at designing one to get something out to our constituents and ask them a couple of simple questions. The vehicles we have available to us that don't cost significant monies are the Pelican Bay Post, the PBSD website, which right now is virtually non - functional, but Mr. Petty has taken on as a task to get it updated, including the ability to post something like this on it and get answers. We have up and coming, towards the end of this year, a Clerk of Court mailing because there are some Board Members whose terms are expiring and there will be a selection process in the December /January time frame. I took at shot at this last year and we could not get past the wordsmithing on the questions and I gave up. We are starting a little earlier this year and we can set up to collect responses by either snail -mail, if someone is willing to invest $37 in a response; email or telephone. Mrs. Smith has already told me that she would be more than happy to take telephone responses to specific questions, such as Question One, Answer "A ". Through the interactivity that is going to be built into the website, if we choose item #3 on how we get the information distributed, then obviously we would encourage people to submit their answers along with their ballot if they choose to vote, back to the Clerk of Court. Using the Clerk of Court is a little more tedious, in that we need to actually get the Board of County Commissioners to pass a Resolution authorizing us to do it, but we got far enough along with it last year, that I think they will do it. It doesn't cost them any money and is something that is going to go out anyway. The incremental cost to us would be very small, compared to a direct mailing to our constituents. Between the Pelican Bay Post and our website, we have the ability to get something out there, essentially free. Mr. Sutphin continued, "I proposed four questions that cover two basic areas ". The first is our favorite and most contentious area of spending, security. I thought it might be interesting to start with just a general question of, 'Where do you feel the safest, Park Shore, Pelican Bay or Pine Ridge "? Pine Ridge being an upscale community that has no incremental security beyond 422 NOTWO(O Budget Sub - committee September 21, 2005 the basic County Sheriff's Department. Pelican Bay that has historically spent money on supplemental security and the City of Naples, Park Shore, which has a dedicated police department. I have no idea how those answers would come back. Mr. Mathias asked, "Would you give them an option "D ", which says I don't know, or do you want to force them to choose one of the three provided "? If you leave it as is they are going to answer one of the three, so you are going to get an answer. Mr. Sutphin stated, "We could certainly include, "none of the above" in all four of these questions ". Mr. laizzo stated, "I would want to put the City of Naples in there also ". Mr. Sutphin replied, "Park Shore is the City of Naples and I chose it for a reason ". Number one, it starts with a "P" and I thought it would be nice to have Park Shore, Pelican Bay and Pine Ridge. It is an upscale community and is a mixture of condominiums and single - family homes that have a lot of demographic similarities to Pelican Bay. I picked Pine Ridge because it is close. Everyone knows where Pine Ridge is and if thieves tend to go there, rather than here, it might tell you something. Mr. Mathias stated, "Not that you have to adopt these, but my feedback would be add a choice "D" and say, "I don't have a clue ". In other words, I don't know and have no opinion and for "C" you might want to say Pine Ridge Estates to add more clarity. Mr. laizzo stated, "This also assumes that the people who respond have lived in Park Shore and Pine Ridge ". Mr. Mathias replied, "No, you are gauging their perception ". Mr. laizzo stated, "Then put it down as their perception ". Mr. Mathias replied, "I believe, "in your opinion" is a good question ". Mr. Petty stated, `The intent of this, if I understand our conversation, is to get a better feel for the pulse of the residents of Pelican Bay, with regard to what their issues are with the budget and how we spend the money". We had talked about the issue of how you word some of this. It may be that with the issues of safety and security and the text coming in with people having various opinions, we may want to get simpler versus more complex. Instead of adding line items, 423 �I Budget Sub - committee C September 21, 2005 maybe we put the issue of safety and security, along with the other duties that we have and ask the residents to write them in their order of priority. Mr. Sutphin replied, "At some point I would like to do that, but the security issue has been a singular "hot button" item for the five plus years that I have been on the Board, almost to the point of being irrational ". Mr. Mathias stated, "To Mr. Petty's point, that might be a vocal minority ". Mr. Sutphin stated, "I was very careful in the way I phrased question #2 ". What you hear when someone gets up in these meetings is, why are we spending $500,000? That is like asking why is Collier County going to spend $50,000,000 for a zoo? I don't think that is the issue. Simplistically, what I am saying here, is that the average Pelican Bay homeowner, and we use $500,000 taxable value as the median cost, spends approximately $5.00 per month for security. That is what people get up and rant and rave about. I would like to know if they favor spending $5.00 per month, do they want to cut it back to three deputies and only spend $3.00 per month? That is the cost of a Big Mac. Do we want to do away with it completely and save the cost of a super sized Big Mac with a Happy Meal on the side? That's what we are talking about. Mr. Petty stated, "There have been two issues brought up ". One was that we have been charged with not responding to the needs of the Pelican Bay residents; we are not hearing them, hence, the need to check the pulse of the Pelican Bay residents in regards to what we are doing. Mr. laizzo brought up that he would like to see additional parameters added, when we go to additional services. Mr. laizzo would like to see something akin to a referendum, without possibly being that expensive, but some way of polling the people to get positive responses before adopting such a service. Those are two different levels of communicating with your residents and finding out what they would like you to do as their representative. As a representative, you have to make a decision whether they talk to you or not, and providing those services is what this Board has decided to do in the best interest of Pelican Bay, based on what they have heard to date. When people ask why are you doing this, it is because that is what we have been charged with doing and our responsibility, but we are open to comment at all times. I think there are two 424 I lex:z (C) 4 Budget Sub - committee September 21, 2005 issues. One is if we are going to get into specificity about any particular service we have, I think we are going to get contentious. The more we add specification to it. Mr. Sutphin replied, "I agree with you ". Mr. Petty stated, "I think your main objective here is to gauge the pulse of the people of Pelican Bay and then focus on how we ask them questions, to whatever gets the best response in the future ". If it turns out that they focus on our website, then let's focus on that. Mr. Sutphin replied, "I agree and we will get back to that in a minute ". I have a third objective here and it is kind of sinister, if you will. I have a feeling that even with simplistic questions like these, the rate of response is going to be surprisingly low. Mr. laizzo stated, "Give it a chance ". Mr. Sutphin stated, "I would propose, as an example, if we use the Pelican Bay Post, which is free and they do print what we ask them to print, to print the same thing in three or four consecutive issues ". Even people who don't read it all of the time will probably see it once in three or four consecutive issues. Mr. laizzo stated, "Or possibly hear it from their neighbor'. Mr. Sutphin stated, "I was delighted when Mrs. Smith said she would take responses over the telephone, because they don't even have to write anything ". It they are email illiterate, all they have to do is pick up the phone and call Mrs. Smith and she will take their answer. I can't think of any way to make it easier. That also argues the question to keep it simple and the caveat will be that if you want to amplify your answer with a couple of paragraphs of text, Mrs. Smith is not going to take dictation over the phone. You will either have to write it down or send it by email. Every Board Member will receive a copy of every written response. It does not say that every Board Member has to read it, but they will receive it. Mr. laizzo stated, "Could it be posted at the next meeting, rather than everyone receiving it separately'? Mr. Sutphin replied, "I wouldn't propose putting four hundred responses on an agenda, if that is what it turned out to be ". The response is to Mrs. Smith, who will collate them. Anything beyond an "A, B, C, or D" will get sent to every Board Member, just as letters from residents who 425 It* rz(c)4 Budget Sub - committee September 21, 2005 write to the Board are presently disseminated. They very seldom appear as an agenda item, but they are distributed. Mr. Sutphin continued, "The second question was a simple, in general, what level of spending are you comfortable with for community beautification "? It is our largest single area, non - capital, expense. Again, I used the monthly expense approach of which area do you think appears better and you don't have to live here to answer that one. The choices are Park Shore, Pelican Bay and Pine Ridge. I would be very surprised if Pelican Bay did not come out on top, but who knows, there could be people who think that Park Shore looks better. The fourth question, it costs approximately $20.00 per month per homeowner to have Pelican Bay look the way it does. In your opinion, is that not enough, about right or too much? Mr. laizzo stated, "I see nothing wrong with that, however, this Board has the responsibility of maintaining and preserving this community, end of story, simple as that ". Any time we go beyond that, to enhancement or beautification beyond norm, that is when you want to get the word out in the Post and in your write -ups to tell the public this is what we are going to spend, do you care to spend it? Give the residents ninety -days to respond. Mr. Sutphin replied, "What is the norm "? Mr. laizzo replied, 'The norm is maintaining your lawns and shrubs; all the things that we basically do ". Once you go beyond that is when you want to pulse the community. Mr. Sutphin asked, "You don't think it is necessary to question the single largest expenditure in our budget "? Mr. laizzo replied, "That is questionable ". If is outside of the mandatory or essential level expenditures of this Board, that is when you need to go to the community to ask if you want to continue spending this money or would you rather do something else? You need to give them some options, such as private security, or Collier County Security or no security. Make it simple. Mr. Sutphin replied, "That is what I did in question one ". Mr. laizzo replied, "Yes but you are talking about Park Shore ". We don't know what kind of security they have. Mr. Sutphin replied, 'They have the City of Naples Police Department ". 426 14or )-t 0 (0 Budget Sub - committee September 21, 2005 Mr. laizzo replied, "Okay, then let's say it that way". Mr. Petty stated, "I am going to recommend that we not get into the specifics, but more into generalities ". The residents are not capable of comparing private security to the Sheriff's Office. They have no statistics. Mr. Sutphin stated, "The issue of private security came up a year ago ". I take the position that we are in the public services business. If the community wants private security, they have a master homeowner's association that is perfectly capable of hiring them. We either provide public security, if the residents want it, or we don't. Mr. Petty replied, "That is my point ". In a simpler format you ask them if they believe that security in Pelican Bay is good at its' current level, should it be increased, should it be decreased and what is that on a priority to landscaping, street lights, signage and the other issues that we have? Mr. Sutphin asked, "You would not attach a dollar figure to it "? Mr. Petty replied, "No sir, I wouldn't and there are a couple of reasons for that ". We provide a service for police patrol based on our interpretation of what the residents wanted, which was increased security. As stewards of the public trust, we went out and found the best one we felt was available, which was the Sheriff. That is what we are supposed to do. You can't have each resident go in and negotiate with these public and private agencies. It has to be done by the representatives and that is what we have done. Now, are you satisfied with that or would you like to see more? Those are questions on a poll, where somebody sitting all day filling out forms can skew the answers. One angry man can fill out a lot of responses. Whatever comes in, you are going to have to take with a grain of salt anyway. We are trying to get the pulse of Pelican Bay in response to what we are doing and to give us further direction, not for this year because that is already set in the budget, but for forthcoming years. What is the best medium to talk to the residents in, other than the networking that you already established as individuals? Therefore, if you ask simpler questions such as, do you like the landscaping as it exists or would you like to see it increased, would you like to see more flowers? Simpler questions can give you a much stronger response and I believe that is what you want. 427 Wra(c)(0 Budget Sub - committee September 21, 2005 Mr. Sutphin replied, "I don't disagree with you on the landscaping issue ". The reason I feel very strongly that the security issue should have a dollar figure attached to it, is that it has gotten so much rhetoric in this room, that I do not think that the average homeowner understands it costs them a great big $5.00 per month. It has almost been irrational that the Sheriff's deputies are a waste of money, that we are spending a fortune and they are never here, which is not true. They can be called out of Pelican Bay on an emergency, which is true and is why they are public law enforcement people. Mr. Mathias asked, 'This Budget Sub - committee is not making the decision to do this, are we "? We are just making the decision to submit to the Board for their concurrence, or am I wrong? Mr. laizzo replied, 'We are going to make recommendations ". Mr. Spanier stated, "I think that there has been some very good work put into this and the underlying notion that government by referendum is a very intriguing one ". It seems to me that if we want to tap into the pulse of the community in a more meaningful way, we are overlooking a very important tool in the organization within our community of the condominium associations, homeowner's associations and the President's Council that tries, periodically, to inflate the thinking. It seems to me that it is the habit of people who live near each other, to talk about "gee isn't this terrible, wouldn't it be nice if. These matters come up, or can come up, in the regular meetings of groups of owners. I think that a more practical system, that would have more substance and continuity in providing us with more viable insights, would be to work on a simple system of setting up a regular communications dialog, with the heads of these associations. If periodically, for some reason, we wanted to conduct a referendum with the residents, I think I would distribute questionnaires to the associations and give them the responsibility of following up and returning the viewpoints of the residents. Mr. Sutphin replied, "In a perfect world, I think your suggestion has a lot of merit ". First of all, your suggestion would require the commitment of an individual on the Board to become the communications champion and get it done. If I can just use as an illustration, the time we have spent talking about two relatively simple questions in the Pelican Bay Post, it could take years for 428 Budget Sub - committee September 21, 2005 the Board to agree on the size of the piece of paper and the wording of the questions and how much notice to provide. If someone wants to take the initiative and become the communications champion, I would welcome the input and you sound like as if you are up for the job. I would welcome the input. Anyone who wants to volunteer for anything can do so. Mr. Spanier stated, "You have to bear in mind that whether we go the route of a questionnaire and throwing the burden on our office staff of counting responses, or go the route of sending out a communication to the individual groups of homeowners, the burden of administration follow up is going to be in the office ". That is where it is going to be. A member of the Board can oversee the process and collate the input for Board consideration. I redirect your attention to the point of view that many of us had on the survey conducted by Mrs. Bush and how unreliable we thought those results were and whether we thought they were representative of anything and the embarrassment and controversy that it caused. I do believe we have, at the head of each of our condominium and homeowner's associations, volunteers who are motivated to deal with issues that affect their neighborhoods, which is what we are talking about. Mr. Sutphin replied, "I don't disagree with you ". I guess you have collectively talked me out of this ". Mr. Burke stated, "I wouldn't see this as asking the people what we need to do ". This, to me, is getting a sense of the community. Let's say that we do get 500 responses to the safety and security issue, we have that to use when we get into the next budget planning process. Let's suppose that we get a sense from this that the people that did respond are okay with what we are doing now, most of them are going to say they feel more secure in Pelican Bay. They are not going to say I live in Pelican Bay, but when I want to feel secure I will drive over to Pine Ridge and sit there. That sets them up and when they come to the safety and security issue, maybe they say that is why I feel secure here. I think you need to put the dollar figure in there because that $550,000 figure is whipped and there are a lot of people today that swear by it. The Sheriff is never here and I am paying $500,000. When you get it down to the fact that I am paying $62.60 per year, or $5.00 per month, maybe it is not too bad. You have two, three or four very anti -PBSD people active in the community. They had an agenda item on there where they 429 IMP= -Kc� Budget Sub - committee September 21, 2005 wanted to get in here and rip us a new one. They got on the phone, called their troops and each of them got four or five people to show up. That packs the room. If we put security on the agenda, we know this room would be packed, but it is the same people over and over. You could almost put their names on a sheet of paper. Mr. Burke asked, "How does the average person in Pelican Bay even know we are having a meeting ?" Everyone should know by now that we meet the first Wednesday of every month at 3:00 P.M. How do we publicize our meetings? They pretty much have to seek us out. Mr. laizzo stated, "Mr. Domenie covers the issue in the Pelican Bay Post and whenever the Post is published it is there ". Mr. Sutphin stated, "I have some thoughts on that and I was going to get to that ". The first step is the revitalization of our website. As I said earlier, Mr. Petty has committed to get the website updated and moving forward, so that we can not only post real time communications, but use it for interactive communications. Something that I have called to some people's attention is that Bay Colony has started a weekly email newsletter update. I guess Bay Colony is atypical because we publish an annual directory that requests people to send in their address, phone numbers and email addresses, they have an email mailing list that reaches something in excess of 60% of the community. With the push of a button, you have something that reaches 60% of the community. I emailed the Foundation and asked them if they had such a database and believe it or not, they do not. I was appalled to find that out, but it is true. I have asked Mr. Connell if the Pelican Bay Property Owners' have an email database and he does not believe they do. Mr. Burke stated, "Even the President's Council email list is updated ". Mr. Sutphin stated, "I believe that over time we could accumulate an email list by starting with the Pelican Bay Post, asking people to join a list by simply emailing Mrs. Smith and you will be on it ". As the list grows it becomes an increasingly viable way to get the word out ". It would take Mrs. Smith all of thirty seconds to send the agenda for a Board Meeting to everyone who has sent an email address in. That is the world we live in and shame on us if we don't take advantage of it. If we want to solicit community input via an interactive website, the tools to do 430 I(PxaCc)(p Budget Sub - committee September 21, 2005 that can be built into the website, it will tabulated for you and once you have it up and running, it is free. Mr. Petty, am I right? Mr. Petty replied, "Not quite ". None of that would be free. It all requires work and all requires maintenance and there are fees for everything. Each member of this rather large Board has these tools to currently work with; their existing network of friends and family who live in Pelican Bay, any community participation that they do through a homeowners association or other projects within Pelican Bay, which I understand are considerable, information dissemination, which is through newsletters, public hearings, public meetings and other such mailings that the Board might provide from time to time. Other tools that you might want to add to that are emails, surveys and polls. There is no magic bullet in any of this. If you wish to look at additional ways to talk to the residents of Pelican Bay, because you feel you have some room to improve, you may want to consider the options you have brought forth, but they will not supplant your existing tools, they are additions to. A survey cannot take precedent over what you know in your conscience to be right, nor can it supplant what you know from your own network. The survey is not going to come in with a 100% guarantee that this is what the people want. We don't have that technology available to us, nor do I think we are asking that for all issues, that every one of the homeowners has to vote. Keep that in mind, that it is an additional tool and you would be improving your additional tie -in to the residents and there are costs associated with all of these. Mr. Burke stated, "Along that line with landscaping, if it came back that the sense of the community was I like what you are doing and don't be afraid to spend more if you have to, we have that in our back pocket and know that the community is supporting what we are doing ". Along comes a project like the East of The Berm Project and we say we need to do that. The community is saying do more, do it better. We could then go out to the community and say we are looking at doing the following things east of the berm, we need your input. You have told us you want us to continue to upgrade the community and we are going to have a meeting on the 3`d, come in and talk about it. Do something to spike them up and get them in here. 431 Budget Sub - committee September 21, 2005 Mr. Sutphin stated, "I keep getting back to the website, it would be nice that for a project like that there was an artist's rendering on the website, as to what this might look like when it is finished, or to get back to something that was aborted a couple of years ago, the infamous Oakmont Lake Project ". I keep getting back to websites and email, because in spite of what Mr. Petty says, compared to other means of communications, they are the most cost effective way to get to the largest number of people, if you can get people to go there. I have probably gone overboard. I resent things that come on hard paper and envelopes and I tend not to look at them. I read more junk email than I do junk stamped mail, because I do not have to tear it open and unfold it and I don't accumulate a trash can full, I just click and it is gone. If I want to respond it is easy and it takes all of the pain out of it. Mr. laizzo stated, "Pursue the email idea ". Mr. Sutphin replied, "Yes, but that is going to take time and could take a couple of years to build up a meaningful email database, but we have to start at some point ". Mr. laizzo stated, "Start at ground zero ". Mr. Sutphin stated, "The other reason I really think we need to get the website up to snuff, is that as part of the paperless communications program that this Board approved, we committed to have all documents available on the website and we haven't done it. You can't go to the website and look at the last Clam Bay Annual Monitoring Report, it is not there. The Board passed a motion that we were going to charge $200.00 a copy if someone wanted it, but they could get it free if they went to the website, but the reality is that they can't. We did not follow through on our commitment, so we are in violation of our own covenants. Mr. Sutphin continued, "To be honest I included the second question on landscaping only because I did not want to have a one question survey". I personally feel that the security issue has been a "hot button" for five years, for all the wrong reasons, and that we ought to take another shot at getting some real input, in whatever manner the Board chooses to do it. Mr. Carroll, before you got here I pointed out that a year ago we almost got a questionnaire out, but the Board got hung up on wordsmithing and the deadline passed and it didn't get done. Maybe this year we will have better luck. 432 IIQTzO),-(, Budget Sub - committee September 21, 2005 Mr. laizzo stated, "These questions are good, but in question four I think all you need to say is, I favor increased spending for landscaping and beautification ". You don't have to go beyond that. The same applies to the second question, without getting too wordy. You only need two sentences, and then we have something to work with. SUB - COMMITTEE REQUESTS Mr. Sutphin stated, "My last item is a request for Ms. Smith ". The Fiscal Year ends at the end of this month. Ms. Smith, for the Board Meeting on October 6th, if you can, I would like to be able to show year -end un- audited Operating Fund Balances, which in essence, are going to tell us how much we under spent the Operating Budget for the Fiscal Year. Historically, we have been under spending by approximately $200,000 and my guess is that is where we should come in again this year. Ms. Smith stated, "Mrs. Smith gets the packages out on the 30th" Mr. Sutphin replied, "I don't need it on the 30th". I would like to have it for the Board Meeting. Ms. Smith replied, "I can do it as a handout ". Mr. Sutphin replied, "That is fine ". In November, for the Board Meeting, we will have a full report on the Fiscal Year ending September 30th Mr. Carroll asked, 'Was there any discussion about the Monday Meeting where there were a great number of words around the fire department's charge of 1 mil and the pursuit by some members of City Council to ask them to identify the incremental costs of serving Pelican Say'? What was being pursued was that Pelican Bay is funding a good portion of District 2 fire protection and if they were just in Pelican Bay serving us, what would it cost? The fire department could not answer that question, or didn't want to. They finally ended up committing themselves to trying to produce some study as to what this hypothetical thing would be. I don't know where that is going to go, but that seemed to be the most contentious and lengthy discussion of the entire two -hour meeting. 433 ►ipZ ate) l0 Budget Sub - committee September 21, 2005 Mr. Sutphin stated, "I thank you for your input, but that is outside of the scope of the purview of this Sub - committee and I would submit, outside of the purview of the PBSD Board ". It is interesting. Mr. Carroll stated, "I don't know whether that cost factor interacts with us or not ". Mr. Sutphin replied, "We are not in the fire protection business and I think it is a separate issue from anything to do with the Pelican Bay Services Division ". ADJOURN There being no further business the meeting adjourned at 4:00 P.M. Mr. Chris Sutphin, Chairman 434 LL ■ 4w L. V � =mss > C� V O (U C o Q m CL Q) >U,s O .O V_ O� 000 L ■� CL _ O M V O ■- �' =tea m r _ >Ss Ocr 0 13 CL 4WJ _ O O •N � '(A O i O > O ■- 0 E E L. _ t: E O a, M W ._ V Ib =a(c) 4 'd 'D C 4l O cn 0 V d7 L t V Z 0 N N 0 U L Ul I V �O E O = V m ■� O 4W �o mo N LL ■ 4w L. V � =mss > C� V O (U C o Q m CL Q) >U,s O .O V_ O� 000 L ■� CL _ O M V O ■- �' =tea m r _ >Ss Ocr 0 13 CL 4WJ _ O O •N � '(A O i O > O ■- 0 E E L. _ t: E O a, M W ._ V Ib =a(c) 4 'd 'D C 4l O cn 0 V d7 L t V Z 0 N N 0 U L m_ m Lem C i 'Q m o of 0 c ,> O 0 ,V O �.+ = cn O c ra m > c �_ M O SIMON U. O E W O m ,_ .�.+ > C E _ Oy 4 •- + O L a , _ O ° V > Q a 0 '- w — 4W N t > . f0 C vl o ._ 4W two ,a; w '0 mar 4W J O v '_ 3� >3vs �•° D. E,u •- O m V O- V p • Y _ > t O Vf O 3 u a _°-' it,--r aC6�4 .C_•+ V O N ._ C > V = C O c •� y, c ° _� R= = o c �_•�� m •� G E O .- _ ° •- Ca M"m o O =c E = °v 3 u. a� = a� _ >. °M o N= CO CO o°a= O , o '_ ,v E O a M �= i N N y V i *+ 00 " s 4W 3 so o = oM x 4 Ow W K 4� C L M V �,00. = c =. no vo, _ 'O > m i O.' �n o '- o NOOMM ;�- 01 . O �;, O - c� _ .Q 0 U W > O V 4W ,4� �o E ma O = V m � O w ._ o 4W U) � O c N LL m_ m Lem C i 'Q m o of 0 c ,> O 0 ,V O �.+ = cn O c ra m > c �_ M O SIMON U. O E W O m ,_ .�.+ > C E _ Oy 4 •- + O L a , _ O ° V > Q a 0 '- w — 4W N t > . f0 C vl o ._ 4W two ,a; w '0 mar 4W J O v '_ 3� >3vs �•° D. E,u •- O m V O- V p • Y _ > t O Vf O 3 u a _°-' it,--r aC6�4 .C_•+ V O N ._ C > V = C O c •� y, c ° _� R= = o c �_•�� m •� G E O .- _ ° •- Ca M"m o O =c E = °v 3 u. a� = a� _ >. °M o N= CO CO o°a= O , o '_ ,v E O a M �= i N N y V i *+ 00 " s 4W 3 so o = oM x 4 Ow W K 4� C L M V �,00. = c =. no vo, _ 'O > m i O.' �n o '- o NOOMM ;�- 01 . O �;, O - c� _ .Q 0 U I(oTa(c)t, � V O �+ O 0 •W 4W M O E O = V 1 O 0 4 T 0 x cn • � O N LL I(oTa(c)t, O �+ O 0 M m 0 O 0 E 0 .; • c a i :o O �s c M L L = L L L M Ul O 0 G O O O C E E m' m of ,47 0 ,• O c V O 0 v '0 — O E.2 u .�C cm C p � M W. *=Un 0 O . a=o V ��� a7 � N V 47 O V O L 01 O 0 O d C•- L 4- C f0 � -W m 0 0 m O V y 0 0x7 C ,O i ,, V 0 0 m •> 0�:a0 �c-0� .- 0'E 0W0 .��•� o�CMo,c L. 0 m CL zt. •2 C i o t! > m� 07 V O' = 01 C E > of O 00 i 07 D� i 00 V H • • 1i • Q 4w ■� E E O V 1 q 0 N T) c M • I(Qratc) b u -� .T) ,-4 c i CD o K o M L O �+ O V) u LL O •� N Ou L O = v' U. 3 m O 'O fo O- = O 4-J 4) O O Ln u u i N O m 'O V O a. O 5 E u • 0 o L C v 0 M (n 0l` o �' - U+ z �� Q N = Q o � 0 I I • I(Qratc) b -� c -0 CD o V) LL •� N Ou L O 0 O 'O fo O- = O 4-J O Ln u N O m Q 4-J CL M ro o .� - Q o Q 0 •iJ (n V o -0 "0 O `= -61 fu O Ln 2 o E -E fo L E �C L o O fo Q c Ln 0 o fo O -0 V M Vi •�= N .. fu f V = 01 c N .. O O -C O O c �O �fu Qtn��w� O 4-J pro GJ m 'Q O i CL :3 O .N, 4te-1 O -&-J .� W fo O Q 47 LL >, CL �-o fo-0 m L m Q � Y ru m Q1 N — � C N N O fo Q J � O : E E fa o° E:3 E F= E M" c V V �- O O v� � o (v x U U a� •O _ N U- m Y a O fQ o oC I I I I I L 0 o U O • • ( M NW V DMo 00 11 0 m Wa �Q I OP-ON 04 4) O 60 r V W �Z OD N O U) N M N 00 N 0 U') N ■ 69 r 4W W J � � (�d0i�0 VW r Qa W p Ln LLS W� F- O > V C 0 MW NU 0a um O W m ( M 0000 DMo 00 11 0 N 0a00 I (1) I OP-ON (0 4) O 60 (D0 11 0 11 0(0 6� (DdN4 N 0 0 N Ul It fA t 000 000 0 (0 00 CO 61) (ft EA 4 M(0- N 11(00 03 d 000 0) (0 O (O ((00�0 N O r O r .- (0 0 Oi C6 0 000 O It N N 000 (00 •- 0 00� I� N N (n0 N O M 6F3 f� r dN' 69 M 00I OD C\l CA I� r (A 0 01 r f9 N o CA r 63 69 N 6Ri N (f) et N vs i 0 0 N N 00 0 OU)OM M 0000 N (OLOON00 0N0 OP-ON (0 N co It O r- 00 r 0 0- 0 OD N O U) N M N 00 N 0 U') N N to 69 f� - � (�d0i�0 0 000 O It N N 000 (00 •- 0 00� I� N N (n0 N O M 6F3 f� r dN' 69 M 00I OD C\l CA I� r (A 0 01 r f9 N o CA r 63 69 N 6Ri N (f) et N vs i 0 0 N N 00 0 OU)OM 0000 0000 Op OP-ON 01-OT- 0008o 00 LO OD U) OD N O U) N M N 00 (0 U') N OLOOODD0 - (�d0i�0 rN r CY 6x9609 r m H W H U) H m F Z m H :6 I- F- c co = " E 5 am 6C m-2 O-� ° a6 a Cp(DW o� )W 0,2 W ma w 07 0 X c cW'� to X cW ++ (n t_ OW mc:� �0 cc�. nom 01cCc cam. c j,.. L E (D O a00 Q �a.OU 000 3Ea00 N U) r OD J H 0 Z ril kn °o N �O N i-i Q) 0 U L u Itera-(t)b C.'i r, c o C7-- c=c ga g3 - - C-C> C=r> r---:, CC:L c-:L C.C> <=> I-- N r— C=F> j L. C-C> E>> C-*j LL o CLX73 w O c C-C> EIR Sri c� L-C> LL r---:- C%-L � — 3 C-> cc> ENO} Lm- cz=: 0 -3 !; E3 L Lc7 g L =F:L c%li OO Lc-> I-- "7 EN L LL 0n.-- O 2 m LA O i m um ol cw-..l Lm m V Itera-(t)b C.'i r, c o C7-- c=c ga g3 - - C-C> C=r> r---:, CC:L c-:L C.C> <=> I-- N r— C=F> j L. C-C> E>> C-*j LL o CLX73 w O c C-C> EIR Sri c� L-C> LL r---:- C%-L � — 3 C-> cc> ENO} Lm- cz=: 0 -3 !; E3 L Lc7 g L =F:L c%li OO Lc-> I-- "7 EN L LL 0n.-- O E;3 �> cw-..l CIO <2> CIO CIO C" CJ"'> CIO Ts CTI-5 a a QD> CIO Cr W MM CIO L-A-- cxa C%3 r-ol O ,Is] J(V 7X. a (c) (� Gerhard: I am soliciting input from the Pelican Bay Foundation regarding the increasing need to effect substantial repairs and improvements to the retaining wall at Oakmont Lake and the adjacent property. As you are aware the Pelican Bay Services Division has historically maintained the property around Oakmont Lake owned by the Pelican Bay Foundation. PBSD maintains and makes capital improvements to other lands owned by the Foundation. The extensive landscaping of the US 41 berm is an excellent example. Approximately 2 years ago plans to replace the retaining wall and effect capital improvements to the Oakmont Lake area became the subject of a major controversy due to an admitted failure to properly communicate with both the Foundation and the public as to the real intent of the project. The situation was further complicated by the Foundation taking a strong position which in essence forbid PBSD doing any work in this area without express approval from the Foundation. As a result no significant work beyond short term repairs to the existing infrastructure has been performed in the last 2 years. The replacement of the retaining wall at Oakmont Lake remains an open budget item with PBSD. Based on observations by PBSD operating management, reinforced by input from area residents, the retaining wall badly needs to be replaced. It is not only unsightly but is increasingly becoming a safety hazard. Unfortunately this is not a simple replacement program. The existing wall is constructed with railroad ties. They are not the best material for a replacement wall in today's world and, in fact, may not even be available. Cost effective replacement of the retaining wall will involve an engineering evaluation of available materials and the design of a proper structure for maximum life with no adverse impact on the environment and surrounding areas. Installation of a new retaining wall will cause damage to the existing pathway around the lake. There have been discussions about the desirability of widening and/or relocating portions of the pathway. There have also been discussions about surfacing the pathway with materials other than asphalt. When this project is implemented it would be cost effective to implement any additional long term improvements which are considered desirable for the area such as improved lighting, etc. Preliminary estimates of the cost of dealing with this project are somewhere between $500,000 and $1 million depending on the scope of the project and the magnitude of the desired improvements. Prior to the November PBSD Board meeting on November 2 1 would appreciate inputs from the Pelican Bay Foundation as to the following: 1. Does the Pelican Bay Foundation desire the Pelican Bay Services Division to accept responsibility for planning and executing a program to replace the retaining wall around Oakmont Lake. 2. If the answer to 1 above is affirmative does the Pelican Bay Foundation support including other Improvements to the infrastructure which make engineering and economic sense. 3. If the answer to 1 is affirmative will the Foundation commit to publicly stating, as appropriate, that this project is being implemented on Pelican Foundation lands at its request and has its full support? I believe this is essential to avoid a repetition of historical problems. 4. If the answers to the above are affirmative please designate a responsible person in the Foundation organization to act as Project Liaison Representative to give concurrence during the planning stage to ensure there are no surprises and second guessing as the project proceeds. ►(v� aCc) IP Assuming I receive your response in a timely manner I will include a proposal to begin planning for funding and executing this project in the agenda for the November PBSD board meeting. Thanks in advance. Chris Sutphin Chairman, Budget Sub - committee Pelican Bay Services Division Board Page 1 of 1 fcor ;) (4c ) (e From: Chris Sutphin [chris @cfsbbs.com] Sent: Wednesday, October 19, 2005 3:57 PM To: Gseblatnigg @aol.com Cc: KRK9563 @aol.com; Ruek7 @aol.com; raia @comcast.net; mlickhalter @comcast.net; Michael. J. Egan@Gmail.com; hprice @price - law.com; Jdooseusa @cs.com; lukasz_k; John Petty; smith_b Subject: RE: OAKMONT LAKE Gerhard, Thank you for your comprehensive reply. This project will be on the agenda for the PBSD Budget Sub - committee meeting on 10/26. We will present a recommendation to the PBSD Board at the 11/2 meeting. will most likely recommend that the project be designed and costed in increments with the minimum funding required to replace the existing wall as the base and looking at additional improvements that it may make sense to consider concurrently in individually approvable pieces. Assuming the PBSD board approves the concept we will then address funding. It is important to keep in mind that there are no dedicated funds in the current year PBSD budget for this project. We can probably get started by moving some things around but the bulk of the funding will most likely need to wait until Fiscal 2007. Regards, Chris - - - -- Original Message---- - From: Gseblatnigg @aol.com [mailto:Gseblatnigg @aol.com] Sent: Sunday, October 16, 2005 11:36 AM To: chris @cfsbbs.com Cc: Jdooseusa @cs.com; hprice @price - law.com; Michael.].Egan @GmaiI.com; mlickhalter @comcast.net; raia @comcast.net; Ruek7 @aol.com; KRK9563 @aol.com Subject: OAKMONT LAKE Chris, I am responding to your earlier email on this subject. I have discussed the project and your requests with the Board and this will serve as the Foundation's answer: 1. Yes, the Foundation desires that the Pelican Bay Services Division accept the responsibility for planning and executing the program to replace the retaining wall around Oakmont Lake. The Foundation wishes to be fully involved in the entire process. Of equal importance is the involvement of the community and I suggest you and I take on this responsibility. 2, The Foundation will review and, if appropriate, support other improvements to the infrastructure which make engineering and economic sense. 3. We will publicly support this project. 4. Merlin Lickhalter, a Foundation Board member and Vice Chair of the Facilities Committee, has agreed to represent the Foundation in this effort and needs to be involved from the early planning stages on. Please let him know who will be your representative. 5. 1 have discussed this project with the President of the Oakmont Association, who will support our efforts and will assist with necessary community involvement. I look forward to the cooperation of our two organizations in this important project. Gerhard file: / /C: \ Documents% 20and% 20Settings \smith_b \My %20Documents \Foundation %20 -Oa... 10/20/2005 t4o=a (c) -7 COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF SPECIAL MEETING MONDAY, OCTOBER 10, 2005 MEMBERS Robin Doyle Jim Peterka Gene Schmidt Byron Meade PRESENT: Richard Schmidt STAFF: Theresa M. Cook Bob Tweedie John Kirchner Debbie Har , Thomas Palmer Fiala Halas PUBLIC: Tammie Nemecek Winnona Stone Denning Coyle ✓�� I. MEETING CALLED TO ORDER Meeting called to order at 1:05 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Theresa Cook added the following item to the Agenda as VI. New Business: F. Updated Memorandum of Understanding by and between the Florida Wing Civil Air Patrol (CAP) and the Authority for the Operation of a Mobile Incident Commend center. Mr. Gene Schmidt made a motion to approve the agenda as amended. Mr. Byron Meade seconded the motion and the Agenda, with the new addition, was approved by a 5 -0 vote. IV. APPROVAL OF MINUTES The September 12, 2005 and September 26, 2005 Minutes of the Authority were unanimously approved, after motion to accept by Mr. Gene Schmidt and second by Mr. Byron Meade. V. EXECUTIVE DIRECTOR'S REPORT A. Financial Statements Chairman Doyle pointed out that the net cost of operations at the end of August 2005 was ten percent (10 %) below budget and income was two percent (2 %) ahead of budget. At the November 14, 2005 meeting staff will present a comparison of budgeted with the actual fiscal 2005 financial results. B. Bud's Sod The Executive Direction informed the Authority that Bud's Sod has been operating at the Immokalee Airport for almost two (2) months, and to date the Authority has received over $33,000 in revenue. Theresa also stated that Bud has requested approval to plant a watermelon crop each December. The Authority suggested ThereMA P149keb.ase with Mike Taylor regarding the current lease rate for planting watermelon to ensure Bud's proposal is in the range of the current fair market rate before approving this reqQMN- l i ' 2 g • O� Item #: h a a C 7 Y: 4dministrationlAA BoardlMBnutes12 00511 0 -1 0 -05 minutes tcp edits - 10- 13- 05.doc Copies to: 1 (0107 C. US Fish and Wildlife Theresa indicted that US Fish and Wildlife does not foresee any concerns regarding issuing the permit for Phase I development at Immokalee. She expects US Fish and Wildlife to issue the permit by the end of November. The permit for the taxiway at the Marco Island Executive Airport may be held up while US Fish and Wildlife revisits the Authority's crocodile mitigation plan. D. Lake and Taxiway Site Development Plan (SDP) After the Authority receives the US Army Corps of Engineers permit for Phase I development at Immokalee, the County must approve the SDP. The SDP for the Lake and Taxiway will take about two to three (2 -3) months to complete. The Authority's SDP is not holding up Genapol's development because Genapol can develop their SDP simultaneously with the airport. E. Appraiser — Rates and Charges Presentation Setting the groundwork for staff's review of the Authority's current Rates and Charges in the upcoming months, the Authority's Executive Director, Theresa Cook, presented information regarding the growth of industrial land value and lease rates in Immokalee compared to those the Authority. While the market lease rate for vacant industrial land in Immokalee has increased from approximately ten cents ($.10) per square foot in 1996 to twenty -seven cents ($.27) per square foot in May 2005, the rate the Authority leases industrial land for at the Immokalee Airport has remained at ten cents ($.10) per square foot. Tammie Nemecek, EDC President, indicated these parcels are located in the Tradeport Technology Park. Additionally, the market lease rate for improved industrial land in Immokalee has increased from twenty -seven cents ($.27) per square foot in 1998 to seventy -nine cents ($.79) per square foot in 2004. Theresa provided a recap of the subtenants and sub - subtenant's at the Phase I Incubator Facility before stating that the Authority recently increased the amount it charges KPK to sub -lease the entire 13,000 square foot Incubator Phase I facility by approximately $315 per month. KPK, in turn, increased the rent it charges Salazar Machine and Steel, Inc. to sub - sub -lease approximately 3,000 square feet from KPK by over $600 per month. VI. NEW BUSINESS A. Election of Officers The Authority voted unanimously to re -elect Mr. Doyle as Chairman for another year, following a motion by Mr. Peterka to nominate Mr. Doyle for Chairman and seconded by Mr. Gene Schmidt. Mr. Meade made a motion to keep the Vice Chairman and Secretary positions static for another year, re- electing Mr. Peterka as Vice - Chairman and himself as Secretary. Mr. Gene Schmidt seconded and the motion passed by a 5 -0 vote. The decision was made to hold at least one meeting in Immokalee next year. Tentatively the January 2006 meeting will be held at the Immokalee Regional Airport. 2 Y. I4dministrationl M BoardWinutes12 00511 0 -1 0 -05 minutes tcp edits - 10- 13- 05.doc B. Minimum Standards Update DRAFT Theresa Cook informed the Authority that there have been no material deletions to the Minimum Standards, but leasing application requirements have been added and the document has been reformatted. Theresa indicated that the numbers in Rates and Charges are hypothetical at this time. Mr. Gene Schmidt made a motion to preliminarily approve the updated Minimum Standards Draft pending review and comments by the Authority. Mr. Peterka seconded the motion, and the motion passed by a 5 -0 vote. The final Minimum Standards Update will be presented for approval at the November 14, 2005 meeting. C. Leasing Policy DRAFT A draft of the Authority's Updated Leasing Policy was presented. One goal of the updated Leasing Policy is to provide financial guidelines for specific lease durations (ratio of initial least term to capital investment). The Authority will vote on acceptance of the revised Leasing Policy at its November 14, 2005 meeting, after reviewing and commenting on the then proposed revised Draft presented at this meeting. D. Salazar Machine and Steel, Inc. Lease DRAFT Theresa highlighted that the terms of the Draft sub -lease with Salazar Machine and Steel, Inc. are for twenty -nine (29) years at ten cents ($.10) per square foot for the proposed 20,000 square foot building for the first five (5) years of the sub -lease of this non - airport facility. After the first five (5) years, the sub -lease rate increases to the then fair market value of the land and then includes payment of rent for the square footage of the parking lot as well as the 20,000 square foot building for total of 84,942 square feet. Mr. Gene Schmidt made a motion to recommend the Board of County Commissioners (BCC) approve the sub -lease with Salazar Machine and Steel, Inc. subject to an acceptable credit check before the sub -lease is presented to the BCC with a recommendation to approve. Mr. Peterka seconded, and the motion passed by a 5 -0 vote. E. Consultant Selection There were four respondents to the bid package. The selection committee (Mr. Gene Schmidt, Theresa Cook, Debi Mueller, and Bob Tweedie) have ranked the top three applicants as follows: (1) URS, (2) the MEA Group, Inc. and (3) Buchart Horn, Inc. Staff will start negotiations with the number one choice, URS. If a contract is agreed to with any of the three top applicants, staff will bring the negotiated contract to the Authority for approval. No action required on this at this time. F. Renewal of Memorandum of Understanding by and between the Florida Wing Civil Air Patrol (CAP) and the Authority for the Operation of a Mobile Incident Command Center Mr. Gene Schmidt made a motion to approve the renewal of the MOU with the Civil Air Patrol. Mr. Peterka seconded, and the motion passed unanimously. 3 Y: I4dministrationl4A BoardlMinutes12005110 -10 -05 minutes tcp edits - 10- 13- 05.doc I(era Cc)-7 G. Update on Status of Genapol Lease Chairman Doyle informed the Authority that the Genapol Sub -Lease Agreement was not put on the October 11, 2005 Board of County Commissioners (BCC) Agenda. The Authority will continue to negotiate and try to reach mutual agreement regarding several unsettled provisions of the working draft sub -lease prior to presenting the finalized sub- lease to the BCC. The goal is to be able to present a proposed sub -lease to the BCC along with the Authority's recommendation that the BCC approve the proposed sub - lease. VII. PUBLIC COMMENT In reaction to the recent article in the Naples Daily News, Mr. Richard Schmidt inquired about the likelihood the Everglades Airpark being transferred to Everglades City. Mr. Palmer informed the Authority that he has twice recommended to the County Manager that there first be a "test period" for the transfer of the Everglades Airpark to Everglades City. Everglades would lease the airpark from the County for a period of two or three years because if Everglades City does not continuously operate that Airport as agreed, it will be much easier to return to the former status quo under a lease scenario than after conveyance of the fee to Everglades City. VII. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." 4 Y: IAdministrationUA Boar&Minutes12005UO -10 -05 minutes tcp edits - 10- 13- 05.doc -7 COLLIER COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF SPECIAL MEETING MONDAY, SEPTEMBER 26, 2005`' MEMBERS Robin Doyle PRESENT: Byron Meade STAFF: Theresa M. Cook Debi Mueller PUBLIC: Mike Taylor Steve Price Jim Peterka Bob Tweedie Thomas Palmer Gene Schmidt John Kirchner Tammie Nemecek Theresa Stall I. MEETING CALLED TO ORDER Meeting called to order at 1:00 p.m. III. APPROVAL OF AGENDA Richard Schmidt Debbie Harnaga William (Bill) Halas ` Henning Coyle Coletta _ r A quorum was present throughout the meeting. Theresa Cook added the following item to the Agenda under V. New Business: C. Resolution 05 -17 authorizing the Authority to pay all Hole Montes, Inc. Work Orders and Amendments submitted to the Authority since December 2004 at the new rate schedule agreed to in December 2004. Mr. Peterka made a motion to approve the agenda as amended. Mr. Gene Schmidt seconded the motion and the Agenda was approved by a 6 -0 vote. IV. OLD BUSINESS A. Resolution 05 -13 and Amendment 1 to Hole Montes Work Order CCAA -05 -03 Amendment No. 1 to Hole Montes Work Order CCAA -05 -03 increasing the fee $12,000 (from $40,000 to an amount not to exceed $52,000) for the Immokalee Airport Layout Plan (ALP) Study and related Resolution 05 -13 were approved by a 5 -0 vote after motion to accept by Mr. Price and seconded by Mr. Gene Schmidt. Chairman Doyle abstained because of conflict of interest, and signed the Conflict of Interest standard form. (Copy attached.) B. Resolution 05 -14 and Amendment 3 to Hole Montes Work Order CCAA -00 -01 Amendment No 3 to Hole Montes Work Order CCAA -00 -01 in an amount not to exceed $30,000 (from $358,954 not to exceed $388,954) for the Immokalee Airport Environmental Resource Permit and related Resolution 05 -14 were approved by a 5 -0 vote after motion to accept by Mr. Price and seconded by Mr. Gene Schmidt. C1A40nQ1ffWoyle abstained because of conflict of interest, and signed the Conflict of Interesst standard f? or . Copy attached.) ._..CELL Item* -7 Cop es to: Y: WministrationWA Boar&Minutes1200519 -26 -05 minutes tcp edits..doc 1( dza (c) 7 V. NEW BUSINESS A. Resolution 05 -15 Authorizing Execution of Engineering Services Agreement with Hole Montes for United States Department Grant to replace and reimburse Hole Montes Work Order CCAA -04 -07 in the amount of $72,475, of which $39,231 has already been spent, for engineering consulting services for the Immokalee Phase I Lake Mr. Price made a motion to accept the agreement, and Mr. Meade seconded. After Theresa confirmed that this agreement utilizes the USDA required form, but does not change the dollar amount of the original Work Order, the motion passed by a 5 -0 vote. Chairman Doyle abstained because of conflict of interest, and signed the Conflict of Interest standard form. (Copy attached.) B. Resolution 05 -16 Recommending BCC Approval and Execution of Genepol Lease Subject to incorporating the non - substantive changes discussed, Mr. Gene Schmidt moved to recommend the BCC approve and execute the lease with Genepol as written for a term of twenty -nine (29) years and a rate of ten (10) cents per square foot for the first five (5) years. Mr. Price seconded, and the motion passed unanimously. The Authority noted that The Airport Authority Ordinance specifies that the BCC has final approval of any Airport sub -lease if the County is the landlord and the lease term is to exceed five years. The Airport Authority's leasing Policy reads: "Agreements will be sufficient to permit capital investment. At no time shall agreements where the facilities are then owned by the Authority exceed a term of five (5) years. Where new construction is proposed by a sub - tenant, additional years may be permitted but in no case shall the term ever exceed twenty -nine (29) years because the lease between Collier County and the Airport Authority does not exceed thirty (30) years." Therefore, the Airport Authority cannot agree to enter into any sub -lease that has a term that exceeds twenty -nine (29) years, and no sub -lease term shall exceed 29 years unless the Applicant can prove such term is, in fact, necessary to allow the applicant's proposed capital investments to be expended to improve the proposed premises to be sub - leased. Genapol's representatives have not submitted any such proof to the Authority, and Genapol's request that the Authority agree to a right of first refusal for an additional five (5) years was denied by the Authority. The Authority expressed concern about setting a bad precedent for negotiating with future sub -lease applicants if Genapol is granted a sub -lease term that exceeds twenty -nine (29) years unless the applicant can convince the Airport Authority that a sub -lease term that exceeds 29 years is necessary to enable the applicant to finance promised long -term capital asset improvements to the proposed premises, in which event the Authority can recommend that the BCC agree to a sub -lease term that exceeds 29 years. The Authority made no such recommendation in this instance. 2 Y. WdministrationUA BoardlMinutes12005W -26 -05 minutes tcp edits -doc 16-r ar (C) --7 C. Resolution 05 -17 authorizing the Authority to pay all Hole Montes Work Orders and Amendments submitted to the Authority since December 2004 at the new rate schedule agreed to in December 2004 Mr. Price moved to accept the resolution; Mr. Gene Schmidt seconded. The motion passed by a 5 -0 vote. Chairman Doyle abstained because of conflict of interest, and signed the Conflict of Interest standard form. (Copy attached.) VI. PUBLIC COMMENT Tammie Nemecek, EDC President, commended and thanked the Authority for all their hard work and effort with Skytruck and Genapol and expressed how pleased she is with the outcome. VII. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." 3 Y. WdministrationWA BoardlMinutes1200519 -26 -05 minutes tcp edits..doc 1 lox a-cc) IS COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD:(HAA$ ) MINUTES OF September 22, 2005 MEETING HELD AT GOLDEN GATE COMMUNITY CENTER 4701 GOLDEN GATE PARKWAY Present: Raymond Cabral David Correa Renato Fernandez Manuel Gonzalez Maria C. Herrera- Rodriguez Ernesto Labrador Cosine Perez James A. Van Fleet Also Present: Absent: Anna I. Rodriguez (Excused Absent) Fiala 1 -lalas —�— Henning— Coyle - Coletta Ms. Lillian Amador, Staff Liaison for HAAB, Collier County Human Resources Ms. Colleen Greene, Staff Liaison for HAAB, Assistant County Attorney Mr. Victor Valdes 1V1 , Mr. David Plaza, Editor for GACETA TROPICAL NEWSPAPER Mr. George Drobinski, Catholic Charities Ms. Cathy Saenz, Fox 4 News Ms. Silvia Casabianca, Tempos del Sol The September 22, 2005 Meeting of the Hispanic Affairs Advisory Board (HAAB) was convened at 6:00 p.m. Mr. Ernesto Labrador called meeting into order. He first asked that the new HAAB members introduce themselves to the board. Renato Fernandez is a new member, originally from Peru. He moved here from New York and was involved in his community. Maria Herrera - Rodriguez is a native from Naples, Florida. Her father is from Mexico and just recently became a U.S. citizen, her mother was born in the U.S. but is of Mexican descent. Ms. Herrera- Rodriguez works for the Collier County Public School, where she works with special need students. She's very much involved in helping her community. The agenda was approved by a vote of 8 -0 with Mr. Labrador making the motion and Mr. Van Fleet and Mr. Correa seconding it. New Business to consider a date change for the October meeting. The minutes from the August 25, 2005 HAAB Meeting were app vP,dr*O with Mr. Labrador made motion and Mr. Cabral seconding it. Mr. Perez had problem with the language in paragraph 6 of page 3 of the minutes. Mr. Gonzalez tried to explain th,90 . motion i=,as for /1' 21. 4 Item #: /6_7o9 C (^,P, Copies to: i('xa tc) �; the HAAB and the BCC to have a workshop session. Mr.Van Fleet provided and had copies of the letter that was not included with minutes. Mr. Fernandez called Nancy Bradley to be excused for the August 25th meeting. Mr. Labrador made motion for Mr. Fernandez excused absence. Mr. Correa seconded the motion, and it was approved 8 -0. . Mr. Labrador read his letter that was emailed to all HAAB members last week addressing the Board of County Commissioners, a copy of the letter was not sent to the BCC. He mentions to them that the HAAB are the voice of 25% Hispanics of Collier County Population. The Board of County Commissioners approved the request for the workshop with the Hispanic Affairs Advisory Board. The workshop has been schedule for Monday, November 7th. There should be no individual agendas, we should work for the good of the whole community. Mr. Gonzalez asked if the letter was sent to the Board of County Commissioners. Mr. Labrador responded that based on advice of counsel it was sent only to the HAAB members. Mr. Perez questioned the source of the 25% population count. Mr. Labrador got the source from LULAC. Mr. Van Fleet stated the current estimate also comes from the US Census. Mr. Perez asked if parts of the 25% are voters. Mr. Gonzalez responded that only 12% are registered to vote. Mr. Correa added the school population is approximately 33% Mr. Labrador said Hispanics are 52% of the Collier County Public Schools. New elementary schools are being built, and the Hispanic population is increasing. Under New Business, Colleen Greene, Assistant County Attorney, Staff Liaison, explained a few points of the Sunshine and Ethics Law. She mentioned that Mike Pettit, Chief County Attorney, will address more about the laws in a January meeting held for new board members. The October 27th, meeting needs to be rescheduled because Ms. Greene and Mr. Pettit will not be in town for that date. Ms. Greene requested to Mr. Labrador if the date could be changed. Mr. Correa stated that he won't be available on October 201h and would it be possible for October 13th Mr. Fernandez - either October 13th or October 201h Ms. Herrera- Rodriguez - either October 13th or October 20th, but also asked if it could be done another day. 2 I to-1- -a ( 0 4g Mr. Perez - either October 13th or October 201h Dr. Van Fleet, Mr. Correa, Mr. Cabral, and Mr. Gonzalez said either date is fine with them. Mr. Labrador - it's very important to have David Correa in the meeting because he has been in the board the longest 10years. Mr. Labrador made motion to meet October 13th, second by Mr. Fernandez. Mr. Perez if the October 201h is not available, then October 13th, amendment to motion, second by Mr. Gonzalez. Approved 7 to 1, opposed by Mr. Correa. Mr. Labrador addressed audience to have cell phones on silent when taking forum. Issues to bring up with the Board of County Commissioners. Mr. Gonzalez suggested to abbreviate each member's input from previous research. There is a 2 -way avenue. Establish a formal avenue of discussion. Mr. Labrador in the last meeting said he didn't know whether workshop would be set -up. Mr. Gonzalez anytime there is controversy with an advisory board the first reaction is to disband or remove the board. First does the BCC want for HAAB to exist? Just list issues not the history. How can we be a more effective body? Mr. Perez asked whether the BCC could put HAAB recommendation in their agenda at every meeting, for HAAB to have a say at every meeting. Ms. Greene stated that request to be on the BCC agenda could be made. Mr. Labrador was concerned with Mr. Coyle's letter. He was disappointed and confused. He is encouraged that the BCC agreed to workshop. Mr. Correa - are we expecting the BCC to listen to our advice? BCC is limited in its role. The Sheriff Office and Tax Collector are independent. We need to work on our mission statement. Mr. Labrador can only voice his opinion. BCC could have helped the Collier Sheriff Office instead sending money to lobbyist. If they have the tools to fund others, why not fund the Sheriff Office. The Sheriff's Deputies are the first line to the Community. Maybe each constitutional office have their own advisory board. Mr. Correa directs the attention to various agencies. Mr. Labrador - the first time in 21/2 years the BCC are embarrassed of Mr. Van Fleet's report. Coyle says mostly advisory. Can't overstep. 3 K r4e-.:r a (c) k Mr. Gonzalez - Coyle wanted us to tell him first. Mr. VanFleet spoke about spoke about county government in Florida; role of the BCC in government is legislative and executive. Commissioner Coyle states we have impinged on the Collier County Public School, Collier Sheriff Office, and other constitutional offices. The BCC is not prepared to take responsibility. First, establish what HAAB will do as advisory board with the BCC, regarding jurisdiction of other offices. Hypo- country X President without authority of various parts. Establish more clearly the BCC vision. Mr. Gonzalez - add the Supervisor of Elections and the Courts. The BCC has purse strings. We need to depend on the Hispanic Media and encourage the Hispanic Community to get out and vote. The BCC does have authority with purse strings. Drill team was a haven for recidivism Effort to determine what they can control and how can we influence it. Mr. Perez talked about Mr. Victor Valdes letter. The workshop is good on how we need to present the format and recommendation to the BCC. Recommendation is part of the BCC job. If we can't do it, let's direct another organization like LULAC to do it. Mr. Labrador asked "what are we here to do ?" Mr. Perez said they want the Hispanic community to integrate smoothly. On October 81", there will be a parade and 28 people will represent different Hispanic countries in the parade. Mr. Gonzalez and Mr. Labrador said we are here to advise — period. Mr. Labrador - we are here to advise the BCC on their county. Commissioner Coyle tried to do to us what Commissioner Coletta did to Commissioner Coyle by accusing him of acting outside of the ordinance. Mr. Perez and Dr. VanFleet did outstanding reports. The reports were done to advise the BCC to help 25% of the community. Mr. Gonzalez - Mr. Perez has noble wonderful ideas. How can it get done? Mr. Victor Valdes is the only steady audience. Where is the Hispanic Community on voting day? Hispanics have rights. They have to express them by voting. Ms. Herrera - Rodriguez would like to make a comment. I feel I have a very close relationship with the Hispanic Community. Some of the Hispanics in the community are uneducated and cannot read or write English or Spanish. They don't know they have right to vote, or don't know how to register to vote. They are ashamed; there isn't enough information to educate them on how to register to vote. Need to empower the people letting them know they have rights. Mr. Fernandez asked how many Hispanic people know this board exists? When speaking about Hispanic there are a lot of them. We need to get them to meetings. We need to talk to the Hispanic media. 4 I(VT- a c0 x Mr. Labrador agreed with Mr. Fernandez. 2 '/z years ago it took 3 meetings to get a quorum. Members were disillusioned. No funds, how can we alert the people if we can't get the message out. Ask the BCC for funding for website and mailings. The Black Affairs Advisory Board is funded with $2K. Black/Haitian are 11% of population, then we need 3x the funding to started. The BAAB is funded, why not the Hispanic Affairs Advisory Board? Mr. Correa - we are funded by the County Attorneys Office; and County Mangers Office. Every 2 years they go through the funds. Mr. Manalich broke down the funds. Mr. Labrador agreed we need more funding. Mr. Cabral said we need funds to let the people know. The SW Hispanic Chamber of Commerce has meetings with Lee County HAAB. Why don't we do it? Mr. Correa there might be a problem. Mr. Gonzalez said the President of SWHCC is the Chairman of the HAAB. They don't discuss issues, they use it to network. They have the same problems getting general population to meetings, and they have no funds for mass advertising. Mr. Perez - we can have all kinds of groups and organizations at meetings. We have to invite people to this meeting and ask them what they want from the community. Ms. Herrera - Rodriguez- voter registration forms should be in Spanish. People don't know they exist or where to get them. Would there be a conflict if we spread the information to the churches? One church has 10K Hispanic families and contacts other groups to put up the notices. Mr. Labrador requested funds to do this in the past. Board members are not to give funds but time. Expect elected officials to support mailings. Mr. Gonzalez said the County Attorney Office's told us there are no funds to do mailing. Mr. Labrador said the County Attorney has a list of media to send notice. Ms. Herrera - Rodriguez wants to send notices to churches. Mr. Labrador would like the pastor to attend our meetings. Mr. Perez made a motion to include funding HAAB on agenda. Mr. Labrador rephrased the motion. Recommend to the BCC that HAAB be allowed to pay for advertising. Mr. Perez —put on HAAB agenda; how HAAB can ask BCC for funding. 5 I(pra(c) 8 Not everyone understands the motion. Mr. Labrador restates; place HAAB funding on agenda so funding can go straight to agencies. Mr. Cabral invited people to come to HAAB meetings and help them get grants /funds. Dr. Van Fleet - 2 weeks ago I spent a weekend with Collier County Human Services Department. Collier County gives no funding to these organizations. Collier County is the only county which doesn't give any funds. Agencies get grants; they're really good at it. tabled. Mr. Perez renewed his motion regarding fundraising. No second and the motion is Focus should be on the BCC/HAAB workshop: 1. Funding 2. Accepting reports & recommendations of the HAAB 3. Further detail on ordinance regarding HAAB. Dr. VanFleet talked about one of the issues from the conference. What single thing does Collier County really need? Affordable Housing! The BCC and Chamber of Commerce have groups working on Affordable Housing. We should look at it too, greater impact on Hispanic than any other community. Mr. Labrador- the BCC turned a deaf ear on Jubilee Village. Affordable housing is something the county needs. There is no housing for teachers or police. Median income is $60K. Abuses in affordable housing should be brought to the forefront. It affects Black and Haitian communities too. 68% drop -out rate for free English classes. Nine members represent all of Collier County. So, what are we going to ask the Commissioners? Better education, health, law enforcement, and housing. Mr. Cabral - Health Services is one of the things, but we need to address all issues. Mr. Correa asked when is the workshop? Mr. Labrador - November 7`h from 9 am to 11 am. I believe it is a positive, big step to have the workshop with the HAAB. The Haves and Have Nots, our chance to help others. Ms. Herrera- Rodriguez said something that the undocumented Hispanics need are IDs. Mr. Correa agrees it's a big problem. Mr. Cabral said it is not a County problem, but a State issue. I Vre--v 21r(c) $s Mr. Labrador- the sheriff's office is going to start a program called REAL ID. Check points for ID: weed and seed to enforce documentation; Human Trafficking same as slavery. Ms. Herrera - Rodriguez- having these IDs would be a great idea; it should start in Collier County. This would benefit the undocumented and the community to be able to find them. This would be an example to other counties. Mr. Labrador thinks an amnesty program would be great. After 1 year they need to apply for residence. The BCC could use political help. Mr. Fernandez,- a lot of people get used to others doing things for them. Hispanic people won't learn the language. HAAB has to help Hispanics, but not take them by the hand. Spanish people still are doing lower work. Mr. Perez suggested to move forward and disagreed that the HAAB represents the Hispanic Community. We are trying to find out what they need. Asks whether everyone in the audience understand English. Mr. Gonzalez — immigration issue are federal issues. Local issues would be unconstitutional. General issues: housing, health, education, law enforcement, and political representation. True we don't represent them. We are a catalyst, conveyance. Start with all positive issues. If they ask for more, then continue. Commissioner Coyle is concerned about housing. A PhD. in Economics earns $38K at Florida Gulf Coast University. People will continue to come for cheap labor — meat packers, restaurants. Hard to resolve all issues at this level; bread and butter in here now and not apple pie in the sky. Make it brief; reports should be under introductory statement. Primary purpose — introduce these issues, keep it simple stupid. Mr. Correa understands the HAAB does not have much power with the sheriff, elections, school, health, and housing offices. Housing is a problem, and we need to address it. Mr. Gonzalez - good land and expensive houses. Mr. Labrador - sure Commissioner Coyle didn't discuss Hispanics and affordable housing. What about eminent domain? Mr. Correa - Commissioner Coyle is very helpful to the minority community. We have served on an action board together. Mr. Labrador believes commissioners are unresponsive to HAAB. Dr. Van Fleet said there are 25 Boards in Collier County. Mr. Correa doesn't think the BCC reads every report from each board each month. Mr. Labrador - the BCC said that Dr. Van Fleet's report was not endorsed and will not be recognized by the board. There was a suggestion to re- submit it. 7 lci�acc) 4� Public meetings & public documents. Mr. Labrador identified issues: health services, affordable housing, and funding. Dr. Van Fleet said a two -hour meeting is more than enough. Mr. Labrador asked members to prepare work to discuss at next meeting. Mr. Labrador made a motion to have November's meeting on November 17t'. Mr. Perez seconded it. Approved 8 -0. Mr. Labrador made motion to have December's meeting on December 15`h. Mr. Gonzalez seconded it. Approved 8 -0 Public Comments: Mr. Victor Valdes HAAB was created 5/19/1991. I have worked closely with the Board all 14 years. I brought people to the meetings, the community felt they were losing their time. In the past the BCC didn't pay attention to HAAB. I wish you the best. Commissioner Coyle wants to take zoo land by force. If HAAB doesn't do what the BCC wants, beware. Someone in the BCC wants to be a dictator. Amend minutes from last meeting. See letter (attached). Mr. Labrador - minutes don't need to be verbatim. Motion to amend was made and Mr. Perez seconded it. Approved 8 -0. Mr. Gonzalez invited two agencies: Partners with Guatemala and Catholic Charities. Mr. George Drobinski with Catholic Charities There are important issues with immigration and voting. Will help to spread agenda notice: St. Matthews — Van Elsin, Fred Richardson, Executive Director will help to get the word out. Hunger and homeless are all interconnected. At 8:00 p.m., Mr. Labrador moved that the meeting be adjourned, and Mr. Cabral seconded his motion. The motion passed 8 -0. Copies of the September 22, 2005 agenda and the referenced documents presented by /to HAAB at the meeting are attached. Prepared by Lillian Amador, HAAB Staff Liaison, Senior Human Resources Technician. proved by the Hispanic Affairs 2005. HAAB Chairman COA -01 136/266 of 0 14p:Pal(c) 9 September 12, 2005 TRANSCRIPT OF THE MEETING OF THE CARIBBEAN GARDENS BLUE RIBBON COMMITTEE ✓ ` Fiala Halas Henning Naples, Florida, September 12, 2005 Coyle -- — Coletta LET IT BE REMEMBERED, that the Collier County Caribbean Gardens Blue Ribbon Committee in and for the County of Collier, having conducted business herein, met on this date in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: VICE CHAIRMAN: Wayne D. Agnoli Penny Taylor Dexter Groose Sara Jewell David Tetzlaff John Ribes ALSO PRESENT: Charles Carrington, Manager, Real Estate Services Marla Ramsey, Collier County Public Services Administrator Mist. Cwk: Date: /__ / _2 x_ Item (9 1 Copies to: 10-41pa-CC) September 12, 2005 I. Call to Order The meeting was called to order by the Vice Chairman Wayne D. Agnoli at 10:30 AM. Roll call was taken and a quorum established. II. Discussion and Approval of Minutes Ms. Taylor moved to approve the minutes of August 16, 2005 with two changes: • On page 3 under C what she said was that the North Naples Rotary was very interested in the subject of the Caribbean Gardens, not necessarily in keeping the land preserved. • On page 4 it says that Ms. Taylor has had preliminary talks with the Naples Airport Authority. She has had preliminary conversations with Mr. Soliday. The motion was made to approve the minutes by Mr. Groose and seconded by Ms. Jewell. Motion carried unanimously. III. NEW BUSINESS A. Naples Airport Authority, Ted Soliday • Mr. Soliday thanked Ms. Taylor for making the corrections to the August 16 minutes. • The Airport Authority tries to get the pilots to turn north and go over the river bed to help with noise abatement. • They are in the process of purchasing avigation (new word) easements. • Mr. Groose asked if they are successful in getting the easement, what that would do to the land on the east side of the Gordon River. Mr. Soliday responded that this should not change things. • Ms. Taylor asked Mr. Soliday what he would like to see the City Council to do with zoning. His response was " Avigation easements. They cannot be sued if they have avigation easements." 2 w September 12, 2005 Mr. Tetzlaff asked if they could give quick attention to making the north turn happen so as to stop interruptions to a show. Mr. Soliday said that they could not control that. The problem is with Air Traffic Control. He will get back to them and let them know how the board feels. B. Update on Land Acquisition (Chuck Carrington) • The fourth appraisal was received last Thursday. The adjusted number should be in by noon today. Ms. Taylor said that they will make a decision. The numbers will be there and tomorrow is the day. They will have to decide if they are going to buy the entire piece; figure out how they will get the financing; or they will say they are only going to spend X amount and sell off the rest. • Mr. Tetzlaff asked if TPL (Trust for Public Lands) would put a cap on what they would spend. Mr. Carrington said they would buy it for whatever the county authorizes. Ms. Taylor said that the price is $67,500,000. • Ms. Taylor advised that the East Naples Civic Association unanimously endorsed buying the parcel. The Greater Naples Chamber of Commerce have all sent E -mails to the Commission and so has the Lions as well as the Board of Realtors. • Ms. Taylor said we have $5,000,000 from South Florida Water Management and possibly $243,000,000 from Conservation Collier. • It was asked by David Morgan of Raymond James & Associates, Inc., Pelican Bay Financial Center, when this would affect the tax bills. Ms. Taylor advised that it would be in November. • Mr. Groose questions if the property is really worth $67,500,000. He does not think it is justified. He thinks there are serious errors in their appraisal methodology. • After much discussion, Mr. Ribes said we can talk all day about what it is worth, but it would not make a difference. )(0-ra (C) September 12, 2005 • Ms. Taylor pointed out that Haldeman House was listed for $16,000,000 and someone said it could be $20,000,000. So they raised the price and they got it. IV. Old Business None V. Next Meeting The next regularly scheduled meeting will be Thursday, October 13, 2005 at 10:00 AM. The location is to be announced. There being no further business for the good of the County, the meeting was adjourned by order of the Vice Chairman at 11:40 AM. Collier County Caribbean Gardens Blue Ribbon Committee Vice Chairman Wayne D. Agnoli 2 ltpa7a (C) I August 16, 2005 TRANSCRIPT OF THE MEETING OF THE CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Naples, Florida, August 16, 2005 LET IT BE REMEMBERED, that the Collier County Caribbean Gardens Blue Ribbon Committee in and for the County of Collier, having conducted business herein, met on this date in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kathy Prosser Wayne Agnoli Beth Barth Dexter Groose Sara Jewell John Ribes Penny Taylor Clarence Tears David Tetzlaff ALSO PRESENT: Charles Carrington, Manager, Real Estate Services Marla Ramsey, Collier County Public Services Administrator I(emate) i August 16, 2005 I. Call to Order The meeting was called to order by the Chair Kathy Prosser at 1:05 PM. Roll call was taken and a quorum established. II. Discussion and Approval of Minutes Ms. Taylor moved to approve the minutes of June 21, 2005. Second by Mr. Ribes. It was brought out that Tortoise had been misspelled on page three. Motion carries unanimously 8 -0. III. New Business A. Update Land Acquisition (Chuck Carrington) Mr. Mudd addressed this subject. B. Discussion re Land Acquisition with Jim Mudd, County Manager Jim Mudd gave an update including the following points: • An offer for the Fleischmann property was made for $49,000,000. • $67,500,000 was the asking price. • The differential between the three current appraisals primarily comes from the amount of dwelling units per acre (highest and best use). • The Fleischmann's attorney returned with a letter addressing that the Counties appraisals would not be honored. • It was agreed to have URS appraise the property. This company had examined all three of the previous appraisals and was familiar with the land. • The new appraisal should be finished in approximately two weeks. • During the July meeting of the Board of County Commissioners the referendum amount of $40,000,000 was agreed upon. • The loan that will be used is one such that there is no penalty for early payment, and is refinanced monthly. • Storm Water could potentially participate with $5,000,000 • Gordon River Head water would assist in cleaning the flowing water. 2 I & 3: &N (09 August 16, 2005 • Conservation Collier has interest in purchasing the property to the north, along with this property for a potential of $12,000,000. • Florida Community Trust will have to be applied for once the property has been purchased; it could come in at $9,000,000. • Trust Republic Lands has agreed to make the purchase and assist in the collection of the funds. If the funds do not transpire then they would offset the cost by selling a portion of the land commercially. • The Water Park to the north will treat approximately 16 % -20% of the storm water needs in the area. There is an additional need of 80 %. • Caribbean Gardens is on the list of unfunded projects. • The intersection and overpass will determine the actual site plan. Mr. Groose asked if the new appraisal reflects the F.E.M.A. flood zones. Mr. Mudd said that it does not and the recommendation is well taken. (The referendum was read aloud by Mr. Mudd) Ms. Prosser thanked Mr. Mudd for coming before the Board. C. The Future Ms. Taylor was a speaker for a North Naples Rotary. She felt that they were very interested in keeping the land preserved. Mr. Groose feels that The Conservancy and Water Management need to step forward if they have not already. He suggested a campaign or clearinghouse to be set up for fundraising. (Mr. Tears joined the meeting at 1:54 PM) Ms. Ramsey addressed the Board about campaigning in regards to information given to her by the County Attorney. It was noted that if the Committee would disband and become a fundraising committee the County staff would not sit in, but would be able to assist. If it was more time that was needed, the Board could continue having more than one meeting a month under the Sunshine Law. A specific advisory board has not been designated to be responsible for land designation. Mr. Tears attended a South West Florida Land Preservation Trust meeting were the Committee directed the County staff to have a pedestrian overpass over Golden Gate connecting the two properties. An estimated 50 acres would be needed for water quality reasons. August 16, 2005 Ms. Taylor has heard preliminary talks with Naples Airport Authority with possible grants available. Mr. Tears added that they talked about the property being a sound barrier. He also added that this property could provide drainage for water quality. These parcels are the only solution for water quality issues in the Gordon River Basin. Ms. Prosser believes it would be premature to move out of the Sunshine Law and become a fundraising entity, since fundraising is occurring at present. Mr. Groose felt that it would be too difficult to fundraise under the Sunshine Law. Mr. Ribes would like to plant the seed of creating a plan. Mr. Taylor suggested a competition on the design. There are several competitions going on supported by the AIA, Mr. Ribes could look into it further if desired. IV. Old Business None V. Meeting Schedule Next regularly scheduled meeting is Monday, September 12, 2005 at 10:30 AM. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:27 PM. Collier County Caribbean Gardens Blue Ribbon Committee Chairman Kathy Prosser 91 3. ADVISORY COMMITTEE NAMES FOR SIG IN ATTENDANCE SHEET Ko'taCc)q 7. yfe DIJZx&mmot 8. 9. to. 11 1 12. 1 it, ✓ 1, W (9lkiki c fFOR MORE NAMES PLEASE USE BACK OF SHEET,,- THANK YOU ) 2 'f 9 $14.18 $505.62' $505.6 14 $24.15 $982.10 $982.1 20 $14.18 $661.60 _ $661.6 0 $24.15 $338.10. $338.1 20 $14.18 $661.60 $661.6 11 " $24.15 $909.65 $909.6 20 $14.18 $661.60 $661.6 0 $24.15 $627.90 $627.9 20 $14.18 $661.60 $661.6 21.5 $24.15 $1,163.23 $1,163.2 20 $14.18 $661.60 _ $661.6 0 $24.15 $128.80 _ $128.8 0 $24.15` $161.00' $161.0 10 $14.18 $519.80 $519.8 13 $24.15 $957.95 $957.9 18 $14.18' $633.24 $633.2 215 $24.15 $1,163.23 $1,163.2 4 $14.18 $434.72 $434.7 4 $24.15 $740.60 $740.6 0 $24.15 $370.30 $370.3 2 $14.18; $406.36 $406.3 27 $14.18 $760.86 $760.8 12 $14.18 $548.16 $548.1 29 $14.18 $789.22' $789.2 17 $14.18 $619.06` $619.0 18 $14.18 $633.24 $633.2 32 $14.18' $831.76 $831.7 32 $14.18, $831.7 30 $14.18 $803.40 $803.4 0 $24.15' $322.00' $322.00 31 $14.18' $817.58 $817.58 7 $24.15 $813.05 $813.05 7 $24.15` ($813.05) ($813.05) 7 $28.98 $975.66 $975.66 3 $14.18: $420.54 $420.54 32.5 $24.15 $1,428.88 $1,428.8E 32 $28.98' $1,700.16' $1,700.1 E 22.25 $14.18! $693.51 $693.51 5 $24.15'' $764.75,, $764.7 28 $28.98, $1,584.24 $1,584.24 31 $28.98'i $1,671.18' $1,671.1 E 0 $28.98' $454.02` $454.02 0 $14.18 $354.38 $354.3E 0 $14.18' $94.50: $94.5C 8. $28.98 $1,004.64 $1,004.6' 14 $14.181 $576.52. $576.5,' 37.5 $28.98'1 $1,859.55 $1,859.5; 22.5 $14.18 $697.05 $697.0: 31.5 $28.98 $1,685.67' $1,685.6 Iw= a (C) I 05/30/2004 06/05/2004 Williams, Fredrick 9.45 40.00 06/06/2004 06/12/2004 Ripperdan, Robert 16.10 40.00 06/06/2004 06/12/2004 Williams, Fredrick 9.45 06/20/2004 06/26/2004 Williams, Fredrick 9.45 40.00 06/27/2004 07/03/2004 Smith, James 16.10 80.00 06/27/2004 07/03/2004 Williams, Fredrick 9.45 40.00 07/04/2004 07/10/2004 Smith, James 16.10 40.00 07/04/2004 07/10/2004 Williams, Fredrick 9.45 40.00 07/11/2004 07/17/2004 Smith, James 16.10 40.00 07/11/2004 07/17/2004 Williams, Fredrick 9.45 40.00 07/18/2004 07/24/2004 Smith, James 16.10 8.00 07/18/2004 07/24/2004 Williams, Fredrick 9.45 40.00 07/25/2004 07/31/2004 Ryan, James 16.10 40.00 07/25/2004 07/31/2004 Williams, Fredrick 9.45 40.00 08/01/2004 08/07/2004 Ryan, James 16.10 40.00 08/08/2004 08/14/2004 Ryan, James 16.10 40.00 08/15/2004 08/21/2004 Ryan, James 16.10 23.00 08/22/2004 08/28/2004 Barnett, Delbert 9.45 40.00 08/29/2004 09/04/2004 Barnett, Delbert 9.45 80.00 09/05/2004 09/11/2004 Barnett, Delbert 9.45 40.00 09/12/2004 09/18/2004 Barnett, Delbert 9.45 40.00 09/19/2004 09/25/2004 Barnett, Delbert 9.45 40.00 09/26/2004 10/02/2004 Barnett, Delbert 9.45 40.00 10/03/2004 10/09/2004 Barnett, Delbert 9.45 40.00 10/10/2004 10/16/2004 Barnett, Delbert 9.45 40.00 10/17/2004 10/23/2004 Da Silva, Paulo 16.10 20.00 10/17/2004 10/23/2004 Barnett, Delbert 9.45 40.00 10/24/2004 10/30/2004 Barnett, Delbert 10/24/2004 10/30/2004 Da Silva, Paulo 10/31/2004 11/06/2004 Barnett, Delbert 10/31/2004 11/06/2004 Da Silva, Paulo 01/23/2005 01/23/2005 01/30/2005 01/30/2005 02/06/2005 02/06/2005 01/29/2005 Barnes, Keitha 01/29/2005 D'anna, Joseph 02/05/2005 Faust, Mark 02/05/2005 D'anna, Joseph 02/12/2005 Faust, Mark 02/12/2005 D'anna, Joseph 9.45 80.00 16.10 40.00 9.45 40.00 16.10 40.00 9.45 19.32 9.45 19.32 9.45 19.32 ltp�a(C)16 THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD APRIL 11, 2005 AT THE EVERGLADES FIRE STATION / Fiala Halas In attendance were the following: Henning Coyle Paul Wilson, Fire Chief Coleffa L/ David Loving, Chairman, Everglades City Advisory Board Member Kent Omer, Chokoloskee Island, Advisory Board Member John Pennell, Plantation Island, Advisory Board Member Chairman David Loving brought the meeting to order at 7:03PM and said the first thing on the agenda is the approval of the minutes. APPROVE MINUTES: Kent Omer made a motion to approve the minutes as written. The motion was seconded by John Pennell and passed. DISCUSSION OF SUE FILSON'S E -MAIL (SEE ATTACHED): (The e-mail was in reference to finding a new board member) John Pennell said Donny McDowell had somebody that was interested. Chief Wilson said Donny needs to get him to see Linda and she can help him get through it. Because we got to let Sue Filson know something. Kent Omer said we could get a hold of the one individual out there that did vote. David Loving asked do you want to try and get another month out of this or if not we'll go with that. John Pennell said when he gets home he will call Donny McDowell and if the guy is still interested he needs to see Sue Filson. Chief Wilson said he doesn't have to go see Sue Filson he can come here and get the application. John Pennell said he would tell him that. Misc. Corr6s: Page 1 Date: • 90 9 ' 05 Item #: I (oz a c l _/0) Copi1s to: 1(p--Ta (c) 10 BUDGET PREPARATIONS: Chief Wilson said in front of you is your first copy of our draft of the 05/06 budget. It looks like we are going to come in around $1,551,100 which is about $210,000 less than our 05 forecast but that's because we are going to have about a $200,000 carry forward. David Loving asked what did we have last year on carry over? Chief Wilson said we had $222,513 was our carry over but projection for this year is $372,800 but $160,000 or so is committed to the FEMA Grant paying off the equipment stuff like that. Under Personal Services, the only thing in question is the County Manager has a new overtime policy that may or may not affect us. We may not be able to carry the $100,000. We don't know yet, we are trying to keep that in place because we don't know what's going to happen, like last year four hurricanes came or brush fires. He had to transfer 27,000 from revenue to payroll to cover the overtime. We are trying to convince him we need that. If you go down to Lease Purchase Equipment this year we are budgeted $83,600, next year we will be starting at $77,600 that gives us the $50,000 down for the new truck and then once we get the payment schedule in we will be able to adjust the requested amount to with in the dollars of that we need. One of those is the payment on the E -One, the other would be the payment on the other truck and then $6,000 on one of the expeditions those are the lease purchases. By the budget directions we were not allowed over a 3% increase in anything, our overall budget increase was only 2.7% so we are below the 3 %. So we actually came under the County Manager's thing we got our new truck in the budget. In actuality if the deal works right and it gets approved it's going to be two new trucks instead of one. We left it at one because we don't want anybody to get their hopes up and then get bashed. Kent Omer said what about the red truck out here is it still operational? Chief Wilson said the big brush truck, yes that is fully operational. We're talking about the Class A Engines like in the bay. What we're looking at is identical to the one in the bay, at least one of those if not two. But with roll up doors so they'll quit taking the sides of the Station out. The only big item that changed is we did increase our operating supplies budget from $6500 to $10,000 and Fleet Repair Costs actually went down this year. We just had a good year, we didn't tear up a lot of stuff, but we expect it to go down and stay down if we get these other new trucks in, because those two old engines are just killing us. One other line item which was Outside Vendors Repair went from $3,000 to $10,000 because we had to have the tank on the Tanker welded that was about $4,700 so Fleet kicked that one up to $10,000.00. Boats in here, equipment for the boat is in here so we can start expanding that even more. Training is in there, were are committing three slots for Chief Officer Position training at North Naples Fire; a couple of other bigger Departments are trying to pull it off to get the NFA folks down here to teach the classes. Right now our only two viable sources beside myself would be Robert Campbell and Caleb Morris they both have completed their Fire Officer I Classes. Page 2 FUMIGATION OF STATION 60: Chief Wilson said he sent they out there to wipe out the vermin and now C Shift is back to full shift they will begin painting it then the refurbishing of the station will be complete. David Loving asked if the guys are now out there at night. Chief Wilson said yes they have been out there through the year at night unless they were below staff. I met with Port of the Islands folks and Dan Summers last Friday in regards to a Port of the Islands Station. The folks out there are working on trying to finagle a way to come up with a piece of property. They would like to see us get in there. Kent Omer said it would definitely benefit them. Chief Wilson said yes. They're part of the committee of the CID Board. Kent Orner said it's looking like a small city out there. Chief Wilson said the problem is there are only 200 or less full time residence out there and so the thinking bases has to be perpetuated on the dollar value out there rather than the citizen, fifteen minutes out one apartment turns into eight. David Loving said it is a good base too because that many homes and not that many residence they are paying a lot of taxes that way they're not homesteaded. Chief Wilson said there are many deals in the swing out there. There is a guy that is buying the north RV Park side he is going to make an up scale RV Park out of it he's talking about coughing up land for the station. He told him he didn't care about this US 41 high profile station issue. He said he didn't care where the property was just as long as we can access US 41 he is willing to look at it. They finally listened they're asking about grants and they're looking around themselves for grants because they are a very small community they are eligible for a lot of Federal Grants that would build public safety buildings, so it sounds we're on track. We received our air packs purchased through FEMA. Those air packs came in and they are in service on all the trucks. The guys are very happy we got rid of the 1980's stuff so we got that on line. We hope to have two more AEDs real soon. Hopefully by the end of May we will have our new Hurst Tools and pretty much rapping up that Grant. Page 3 Aol-a(e ) to OLD BUSINESS: Kent Omer had a question on old business; he asked what ever happened pertaining to the Volunteer Fund. Chief Wilson said that is still in the air. Kent Omer said that is still in the air, they haven't dropped it? Chief Wilson said the court ruled on it once dismissed it all, they said he had the right to audit that's fine no problem. They refilled this time they included the County Manager's Office, BCC Members and so forth. Currently it's in the deposition process. David Loving said the money is still sitting in the checking account? Chief Wilson said no that account has been closed and that check was turned over to the Clerk of Courts several months ago. Kent Omer asked if the Fire Boat operational now? Chief Wilson said yes. Kent Omer asked where is it docked? Chief Wilson said right now it is docked at one of the City docks. Kent Omer said he went to look at it and he couldn't find it. Chief Wilson said it is south of Broadway just south of the Rod and Gun the first dock. It's been lettered the boats in the water it runs. We got Elite coming out Wednesday, they are supposed to give us quote to mount some lights embedded in the wood of T -Top and he wants to install an electrical primer for the pump instead of having the manual. He said you never know when a manual could fail. Kent Omer said manual priming some times takes a little amount of time. Chief Wilson said the boat manufacturer in their zeal to make sure we got enough water to feed it actually oversized the draft lines too much. Right now it looks like we got to close three ports to pull draft then once we got the draft we can open up the other three ports to get the water flow. I'd rather leave all four open and not have to worry about it and electric prime fill it. Page 4 lcpxa (c) 10 Kent Omer asked have you gotten any calls to use it yet? Chief Wilson said not the Fire Department side, we've done two three boat in distress rescue type calls with it. David Loving asked what do you take with you when you go? Chief Wilson said we have a box here that we keep here that has the floatation devises and that stuff they have radios. David Loving they already have hoses, chemicals, all that stuff Chief Wilson said yes. David Loving asked is there anything on the merger is that kind of going away? Chief Wilson said right now the way it stands is Dan Summers sent a letter to the East Naples Board asking them to produce a letter that their board has decided not to move forward with Isles of Capri. Chief Shank said if Ochopee is still interested in merging that would be corrected to interested in finishing the feasibility study. There are several things going on Golden Gate and North Naples are going to meet on the 18th to discuss merger issues at Gulf Coast High School. If you have been keeping track of it in the paper it is more rumor than fact. That is what that meeting is for trying to get down to the facts. Anything that is a merger is possibly five years out according to the administration side of it. David Loving said you want to talk about something else. Chief Wilson said I just want to make sure there weren't......... to Mr. Summers about this request ......... vote. (cannot make out the words on the tape) David Loving said we voted on it and we gave it a denial. Chief Wilson said we don't want them to have a misinterpretation of this. David Loving said no that's a good move, that's all we wanted them to do. Chief Wilson said we have asked for the January minutes from the merger meeting that took place at the EOC, which iron clad the do nothing as far as the milage rates or anything like that. It ain't going to change. Kent Omer said we're going to go for status quo. Page 5 oara(ep) 10 Chief Wilson said yes status quo, actually we need to be at status quo it would be an additional $150,000 to $200,000 additional profit for Ochopee Fire District bringing the contracts equal because once these guys are absorbed by East Naples Union contract will require them to come up to their pay scales and everything else that will cost this District almost $200,000 more as a rough estimate between salaries, benefits etc... David Loving said I guess where they want to go with this is if they want to finish the study we were open to it. Chief Wilson said the ball is in their court. NEW BUSINESS: David Loving said he had something under new business. Linda Swisher told me that the Port of the Islands representative Julianne Ballard has a standing meeting on Mondays and I can't do Tuesdays or Thursdays. I wanted to see what Wednesdays were like for you guys. He would like to schedule the next meeting for the second Wednesday of the month. The other day is Friday. So we don't need to vote or anything like that we'll just choose our meeting to be on a Wednesday. The meeting adjourned at 7:24PM. David Loving, Ch'a' an Ochopee Fire C rol District Page 6 DATE: TO: FROM: SUBJECT: 1&-r-a (C) I I 10 1 ►T[� ►It 1►� November 2, 2005 Board of County Commissioners Barbetta Hutchinson, Executive Secretary, OMB Productivity Committee Meeting Minutes RECEIVED NOV 0 4 2005 Board of County Commissioners Each comm. Recd Copy Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of September 21, 2005; minutes from the Operational Efficiency and Effectiveness Subcommittee meetings of September 14, 2005; and minutes from the Employee Benefits Subcommittee meeting of September 27, 2005. Please do not hesitate to contact me at 774 -8973, or Michael Sheffield, at 774 -8569, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Crystal Kinzel, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Misc. Corr6s: Collier County Date: ' Z9' 05 Office of Management and Budget 3301 Tamiami Trail, East item #' I �� � �\ Naples, FL 34112 Voice: (239) 774 -8973 Copies to: Fax: (239) 774 -8828 1(0-3�a (t) n COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes — September 21, 2005; 2 p.m. Members Present: John Barlow, Larry Baytos, Syd Blum, Stan Farnham, Dex Groose, Steve Harrison, Matt Hudson, Helen Philbin, Joe Swaja, JimVanFleet and Janet Vasey. Liaison: Commissioner Halas was in attendance. County Manager's Staff Present: Amy Patterson, Impact Fee Manager, Community Development; Paula Fleishman, Impact Fee Analyst, Community Development; Len Price, Administrator, Administrative Services Division; Winona Stone, Assistant to the County Manager; Mike Sheffield, Assistant to the County Manager; and Barbetta Hutchinson, Office of Management and Budget. Guests Present: Carol Golightly, Finance Director of the Sheriff s Office. The First 26 Minutes of the Productivity Meeting on September 21, 2005: The meeting was called to order at 2:00 pm by Joe Swaja, Chairman. Joe complimented the group on having perfect attendance at this meeting. Joe asked for a moment of silent reflection and prayer in honor of the victims of Hurricane Katrina. Joe said he wanted to publicly apologize to the group for the unwanted publicity that he caused when he inappropriately invited Brad Boaz to leave the meeting. He also said in reflection, the situation should have been handled differently. In addition, he told the group that he appreciated their support in this matter. Syd Blum added that it was he who suggested that Brad leave because he didn't feel it would be fair to discuss the entire list of candidates and their qualifications with only one of said candidates present. Janet said she drafted a letter to the Commissioners for the committee's consideration and would review it at the appropriate time on the agenda. Approval of Minutes from the meeting on August 17. Dex Groose wanted to add that he also asked Kim Grant to find out if her figures on the grass- cutting service included all fringe benefit dollars. With that change made, Janet Vasey moved to accept the minutes, Syd Blum seconded. The group approved unanimously. Acceptance of Minutes from the IT subcommittee meetings of July 15 and 20. Steve Harrison motioned to accept. Jim VanFleet seconded. The group unanimously approved. Page 1 of 4 )Cca-(011 Acceptance of Employee Benefits Subcommittee minutes from June 2. Matt Hudson motioned to accept the minutes. Stan Farnham seconded. The group approved unanimously. Dex started a discussion about whether or not taping of the meetings of the committee should be continued. Matt said that he felt it would put forth a bad perception if we discontinued taping the meetings at this time. Janet added that she felt it was important to tape the meetings because without the tapes, the committee would not be able to prove and defend their positions. Syd said once it's said, it's out there - so there would be no benefit in stopping the taping. Commissioner Halas suggested that the taping continue. Impact Fees Expenditures and Collections — Amy Patterson gave a presentation to the group regarding the fire impact fee draft study. —*Amy was asked and agreed to provide a listing of short term and long -term projections. At 2:26 Mike Sheffield noted the tape recorder was not taping. Amy continued her presentation about the capital outlay versus the impact fee collections. She reviewed the pass -out she gave the group. Commissioner Halas informed the group that what was not picked up by impact fees, was picked up by user fees. Discussion was made about the schools wanting to raise taxes instead of raising impact fees. The Commissioner said the School Board somehow has to be educated on why impact fees are the correct course. —*Mike Sheffield will make a request for legal services from the County Attorney to find out if the Productivity Committee can do anything to encourage the School Board to adopt revised impact fees. The Commissioner also told the group that there is a requirement in the growth management plan bill that the school districts have a plan for capital improvement and the appropriation of funds for those projects. Amy told the Parks Impact Fee Subcommittee Janet, Dex and Joe) that she will be advising them within the next few weeks of a meeting to finalize the Parks impact fees. The Commissioner gave the group some information discussed at the last MPO meeting regarding the cost of future county road construction being 2 billion dollars within the eastern part of Collier County in today's figures. Jim VanFleet asked the Commissioner if any research was being done into light rail transportation. The Commissioner agreed that it is time to address an alternative method of transportation and advocated his support in this area. Dex asked about eminent domain. The Commissioner said we currently practice eminent domain and pay fair market value, but we also have to pay attorney fees. Dex suggested playing one neighborhood corridor against another. Matt said that he attended a meeting for the extension of Vanderbilt Beach Road and there were two routes extending from 951 out to roughly Wilson and six routes going east from Desoto Boulevard. Matt said that Norman Feder stated in this case, they would either take 25 houses or 50 houses for this project. The Commissioner said that the occupants of the homes would be given fair market value and ample time to find new housing. Page 2 of 4 I& (C) if Operational Efficiency and Effectiveness Study — Steve Harrison. The three administrative review teams met last week. Stan Farnham said people in the different agencies have pointed out several incidents of collaboration that have worked well. Two opportunities will be presented to the Board of County Commissioners on November 9. The first was to put all human resources recruitment efforts in one location in order to get the best candidate for the position as quickly as possible. The second was to consolidate or out - source payroll processing. Steve asked for support from the Clerk and the Sheriff, first on support of the concept, then on support of the product. Steve would also like to ask that the legislative agenda address the question of overtime being added to pension calculations, because statewide pension plan does include them today. The group feels they are seeing incidences of some individuals working excessive amounts of overtime in the last few years of their employment, making it unfair to the others. Steve said he needs additional information in order to prepare for the presentation. The update extension until 2009 of SAP was discussed. Steve asked for Len Price's assistance to complete the head -count numbers for his presentation to the Board. John Barlow said that all the special customized programs that have already been done, must be redone when the system is updated at additional costs. The Commissioner suggested a power point presentation be created showing where we are today, short-term goals and long -term goals. Syd said that cost savings must be given in order to be effective. Winona Stone suggested hand -outs be given to the Commissioners at least three days ahead of the meeting for their pre - meeting review. She also said that Mike should publicly notice the agenda contents for the meeting. Janet Vasey suggested that the presentation be put together and reviewed at the next meeting on October 19. Steve will arrange a meeting for the subcommittee on October 13 at 9:00 am to put together the draft presentation. Winona advised the group they have a three hour window for their presentation to the Board on November 9. Position paper from Greater Naples Chamber of Commerce. Joe Swaja started the discussion by saying it was inappropriate to ask Brad Boaz to leave the meeting and he regrets the mistake. Janet read a draft letter written to the Commissioners stating the Productivity Committee's response on the position paper from the Chamber of Commerce. The letter was reviewed and suggested changes by several committee members were made. - +Barbetta will change the letter as directed by the group. The letter will be signed from the Chairman, Joe Swaja and all of the other committee members signed the letter with the exception of Matt Hudson and Larry Baytos, because they felt they were not at the meeting in question, they did not feel as if they should sign. The letter will be sent to Commissioner Halas and copied to the other Commissioners, Jim Mudd and Leo Ochs. Affordable Housing — Syd Blum. The discussion was started by Syd asking Jim VanFleet to work with him on this project. Janet said there already is an existing county committee looking into this issue. Jim said the Chamber of Commerce has also formed a very large committee in regards to this issue. He said he feels the number one issue for the county is lack of affordable housing. Matt said there has to be a collaborative effort in order to make a change. He explained a trust fund being funded by doc stamps and Page 3 of 4 kaxa 10 1 1 how the funds get distributed to the county. Jim agreed that the Southwest Regional Planning Organization is bringing together people from all areas. He also said that Collier County is unique in many ways. Jim suggested that if a %2% sales tax be applied to property transfers in Collier County, a revenue of $6.5 million would be generated and could be used for affordable housing. Matt added that in order to do that, a political will must be present. Syd said the program has to begin with the builders and developers. They may have to be nudged, but it must begin with them. He volunteered to assist anywhere possible in order to make this happen. Nobody wants "affordable" housing in his or her backyard. Matt said he refers to it as attainable "workforce" housing. Private companies do not have the limitations that we have as a county. Private companies have the ability to give sign on bonuses, housing allowances or closing monies. Janet suggested that perhaps we could carve out a hitch to create a project that works with Len Price's department at some of the issues that deal with the housing for county employees. Len welcomed the input of the group and their support. Commissioner Halas said pressure has to be on the bankers to offer low interest loans. Winona Stone will contact Cormac Giblin to speak to the group regarding the programs that are currently in place. The meeting of the Employee Benefits Subcommittee will be held at the North Naples Library on Tuesday, September 27. The Fire Protection Impact Fee Study Subcommittee will be held on Wednesday, September 28, 2005 in the County Manager's Conference Room. The Operational Efficiency and Effectiveness Subcommittee for all teams will be held on Thursday, October 13 at 9 am in the County Manager's Conference Room. Matt Hudson made a motion to adjourn the meeting, Janet Vasey seconded. The group unanimously agreed. Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, October 19, at 2:00 p.m. This meeting will be held in the County Manager's Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). Page 4 of 4 I(QT7a cc) 11 Minutes Productivity Committee's Operational Efficiency and Effectiveness Study Subcommittee September 14, 2005 9am County Manager's Conference Room Members Present John Barlow, Stan Farnham, Dex Groose, Steve Harrison, Joe Swaja Other's Present Carol Golightly, Crystal Kinzel, Len Price Chairman Steve Harrison called the meeting to order at 9:00am. It was noted that all three teams of the Operational Efficiency and Effectiveness Study were represented (Information Technology, Human Resources, and Finance). There was discussion on synchronizing and finalizing the recommendations of the three teams into one presentation, to be approved by the full Productivity Committee, and subsequently to be presented at the BCC workshop scheduled for November 9, 2005. Another meeting was scheduled for Thursday, October 13th at 9AM in the County Manager's Conference Room to review a draft of the Presentation. The subcommittee also heard input from guests who were in attendance. The meeting adjourned at 11:45am Nj(0-X a. (c) I I MINUTES EMPLOYEE BENEFITS SUB - COMMITTEE SEPT. 27, 2005 Attendance: Dexter Groose, Sydney Blum, Helen Philbin The sub - committee met at the North Naples Library at 10 a.m. A draft report was prepared for review and discussion by the committee at its next meeting. A copy will be emailed to the members. The next meeting is scheduled for Wednesday October 19th at 1:15 p.m. in the Legislative Conference room. Helen Philbin 16J1 . EXECUTIVE SUMMARY Request that the Board ratify, and authorize the Chairman to sign, an Interlocal Agreement For Election Services with the City of Everglades City, authorizing the Supervisor of Elections to lease to the City certain voting equipment owned by Collier County, for use in the City's for election held on November 22, 2005. OBJECTIVE: Request that the Board ratify, and authorize the Chairman to sign, an Interlocal Agreement For Election Services with the City of Everglades City, authorizing the Supervisor of Elections to lease to the City certain voting equipment owned by Collier County, for use in the City's election, which was held on November 22, 2005. CONSIDERATIONS: Past practice in Collier County has been that the Board of County Commissioners, being the owners of the voting equipment, have granted authorization to permitting municipalities within the county to use county owned voting equipment. Due to delays caused by Hurricane Wilma, this Interlocal Agreement was not presented to the Board prior to the election. We are asking the Board to ratify, after the fact, the leasing of the equipment to the City for use in its election, which was held on November 22, 2005. FISCAL IMPACT: The Collier County Supervisor of Elections will render a bill to the City of Everglades City for approximately $1,600.00, to be paid to the Collier County Board of County Commissioners. GROWTH MANAGEMENT INPACT: None RECOMMENDATION: That the Collier County Board of County Commissioners ratifies, and authorizes its Chairman to sign, the Interlocal Agreement. Prepared by: Jennifer J. Edwards Supervisor of Elections Date: 16J:l INTERLOCAL AGREEMENT FOR ELECTION SERVICES By and Among the City of Everglades City, Collier County and the Collier County Supervisor of Elections This Agreement for Election Services (Agreement) is for the November 22, 2005 City Council Election, and is by and among the City of Everglades City ( "City"), Collier County, by and through the Collier County Board of County Commissioners ( "County ") as owners of the County's voting and ballot tabulation equipment, and the Collier County Supervisor of Elections ( "Supervisor "), as custodian of the County's voting and ballot tabulation equipment. WITNESSETH In consideration of the premises and covenants set out below, and for $10 and other valuable consideration in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto as follows: 1. This Agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in § 163.01, et seq., Fla. Stat., and is further authorized pursuant to the parties' respective home rule powers granted by the Florida Constitution. 2. The City represents that under the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call a special election to be held by mail ballot. Nothing in this Agreement shall be construed to infer that the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the City's exercise of its home rule powers pursuant to the conduct of the City election. 3. To facilitate the City's conduct of its November 22, 2005 election, the Supervisor shall do those items enumerated in Exhibit A identified as s.19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 4. The City shall provide to the Supervisor and the Florida Attorney General a copy of the City's letter of submission and response to and from the U.S. Department of Justice relative to anv changes, which the City makes relative to polling site locations, or any applicable charter amendment referendum questions. Such copy shall be provided no later than 5:00 p.m. on the fourth day preceding the election. 5. Subject to the terms of this Agreement, the County agrees to lease the following items to the City for use at the polls in its election: • 3 iVotronics with booths, including 1 ADA unit • 1 Compac • 1 Laptop computer • Precinct Signs with Flags • 1 Precinct file caddy and supplies • 3 Vote Here Alphabet Card sets Revised September 2005 16J1 6. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. Nothing in this Agreement shall be construed to require the County or the Supervisor to arrange for the installation and delivery and pickup of voting machines or equipment to the City or to the poll sites for use on Election Day, or to provide the setup of equipment for use by the City. 7. The City shall arrange to accept delivery of voting equipment supplies from the Elections Warehouse between the hours of 8:30 a.m. and 4:30 p.m. on the Monday preceding the election date. The Supervisor shall provide all oaths, forms, and training materials to the City's Poll Workers, Clerks, Oath Persons, FED'S and Ballot Activators. 8. No later than the day following the election, the City shall check and clean out the equipment to ensure that no City election supplies remain in the file caddy. 9. The Supervisor shall remove all elections information from the iVotronic voting booths and return to the City for retention. 10. No later than 5:00 p.m. of the Friday immediately following the election, the City shall remove its supplies -- both used and unused -- and transfer them to the City's own storage facility. 11. The City shall use the County's certified tabulating systems, and pay directly to the Supervisor all costs for programming, on -site election support, and any repairs required as a result of the City's use. 12. Nothing in this Agreement shall require the County or the Supervisor to arrange for the acquisition or construction of additional equipment for use by the City at its poll sites should such equipment not already be in the County's inventory for that specific poll site facility. 13. Neither the County nor the Supervisor shall be held accountable for equipment needs not contained within this Agreement. There shall be no last minute adjustments to this Agreement for equipment or consumable supplies. 14. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabulation equipment components enumerated herein: • Unity Election System including • Data Manager • Ballot Image Manager • Hardware Programming Manager • Data Acquisition Manager • Reporting Manager 15. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the Following additional conditions: • The City shall utilize the services of the staff of the Supervisor to program the system for ballot tabulation of the city election. 2 Revised September 2005 16J1 • The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action, which would jeopardize the security of the system or interrupt the custody chain. • The City shall be present to conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election at the office of the Supervisor. • The City shall arrange for the Supervisor staff to load the election - specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week prior the election. • The City shall arrange for storage of its copy of the Logic & Accuracy Test at a site other than the Collier County Government Center. • The City's failure to comply with any of these provisions, as determined by the Supervisor, shall constitute adequate grounds for termination of this Agreement for convenience by the Supervisor, on behalf of the Supervisor and the County, upon five (5) calendar days notice from the Supervisor to the City. However, any such termination for convenience by the Supervisor shall not relieve the City from fully complying with any of its outstanding obligations under this Agreement. 16. The Supervisor's office shall be and is solely responsible for the content and format of any affidavits and training materials used in the course of its election. IT The Supervisor shall be responsible for any training of City's election workers, and the development of its training materials. The City Clerk or her representative will attend all training sessions. The City shall be liable for all actions taken by the City's poll workers during the course of its election day. The City shall enforce § 102.031(4), Fla. Slat., which provides as follows: "(4)(a) No person, political committee, committee of continuous existence, or other group or organization may solicit voters inside the polling place or within 100 feet of the entrance to any polling place, or polling room where the polling place is also a polling room, or early voting site. Before the opening of the polling place or early voting site, the clerk or supervisor shall designate the no- solicitation zone and mark the boundaries. (b) For the purpose of this subsection, the term "solicit" shall include, but not be limited to, seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to distribute any political or campaign material, leaflet, or handout; conducting a poll; seeking or attempting to seek a signature on any petition; and selling or attempting to sell any item. (c) Each supervisor of elections shall inform the clerk of the area within which soliciting is unlawful, based on the particular characteristics of that polling place. The supervisor or the clerk may take any reasonable action necessary to ensure order at the polling places, including, but not limited to, having disruptive and unruly persons removed by law enforcement officers from the polling room or place or from the 100 foot zone surrounding the polling place. " The City shall train all deputies on the solicitation within 100 feet of the polling site rule. 18. The City shall be responsible for all activity relating to any absentee ballots it chooses to provide voters for its election, including processing requests; addressing absentee envelopes; and verification of voter signatures, the Supervisor will verify signatures that are faxed to the office. - 3 Revised September 2005 16J,1 19. The Supervisor shall prepare and advertise bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said advertisement shall subsequently be billed to the City, which shall be responsible for payment. With the sole exception of the voter registration book closing advertisement, the City shall run proper bilingual advertisements for required election notices in a newspaper of general circulation within the County. 20. The City shall provide the necessary training and personnel on Election Day to verify absentee voter signatures, open absentee ballots, and prepare the voted ballots for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 21. The City shall be responsible for retention and destruction of all election materials in conformity with applicable State and Federal laws. 22. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration and eligibility, and to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor, their officers, agents, and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses including attorney's fees, to any person or property which may result now or in the future from City's activities associated with this City election, arising out of or resulting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense counsel and indemnify and hold harmless the County, the Supervisor, their officers, agents and employees, from and against any and all actions, in law or in equity, from liability or claims for damages, injuries, losses, and expenses, to any person or persons authorized by the City, its employees, or agents to participate in the City election when not otherwise authorized or eligible, or from events relating expressly to City election activity. 23. All costs, including attorney's fees and court costs, shall be paid by the City for: a. Litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, and b. Litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 24. To lease voting units, and other supplies listed within this contract, the fee shall be $100 per voting unit ($100 x 3 units = $300). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the County for the difference. The fee of $300.00 shall be paid to the Supervisor no less than 45 days prior to Election Day. The City agrees to pay for training, tabulation materials, ballot setup and precinct registers in the amount of $1,800.00, additional charges may apply for Spanish translation at a rate of S .25 to $ .50 per word with a minimum charge of $25.00. The Supervisor will bill this amount after the election. 4 Revised September 2005 16J:1 25. Within 10 calendar days of the City election date, the City shall provide any replacement parts or equipment that were lost, stolen, or damaged while in the City's possession. 26. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be actual costs associated with the following: • computer sort time at the rate of $100 per sort • computer printing at the rate of $.27 per page • actual costs of advertising the voter registration book closing • actual staff labor costs for work unique and peculiar to the City's election • $.0125 per page of county Precinct Register paper used (does not include data processing sorts or printing costs) • $.15 per page for 8.5" x 11" or 8.5" x 14" copies • $.20 per page for duplexed copies • actual cost of any expenditures required by the City's election and paid by the Supervisor. 27. Notwithstanding all provisions for payment set forth in this Agreement, the City shall be responsible for all costs associated with manpower, equipment, postage, and any other election costs, whether or not specifically set forth in this Agreement. 28. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 29 The County and the Supervisor have no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Department of Justice note an objection in its response to the Mayor's request. Further, should there be a response noting an objection which would delay or prohibit the conduct of the election, the City is not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 30. The City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage through the City's self - insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage or a resolution indicating such coverage under the City's self - insurance program. 31. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the matter has been resolved by the courts, .and the County has an election scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused 5 Revised September 2005 16J1 balance on the security deposit shall be returned to the City when the legal matter has been resolved and the equipment has been returned. 32. The City shall arrange for candidates, candidate supporters, and members of the press to congregate and await election results in some publicly accessible meeting area such as the County Commission meeting room, City Hall, or other comparable location. Candidates only may be given tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its precinct election workers, its election night workers, and the Elections employee designated with custodial supervision of the facility for the day will be admitted to the secured area for processing. 33. This Agreement shall be valid only for the City election held November 22, 2005. 34. In the event any part of this Agreement is determined to be unenforceable by a court of competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement. IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of seven consecutively nu tiered pages including a one page "Exhibit A ", and affix their hand and seal this day ofF,- c,�E,�,c� , 2005 by the City Council of the City of Everglades and this day of , 2005 by the Collier County Board of County Commissioners and the Supervisor of Elections of Collier County. ATTEST: Dwight lttt$st "is. td�` fta4 �v Clerk s i gn4ture..011,4J' Appro ed as.' o,ti . ii "and legal sufficiency for thx- nin Jeffrey A, Klaizkow Assistanf oq4ty Attorney ATTEST: Dottie Smallwood, City Clerk City of Everglades tipprove t io and legal sufficiency for the ity oyEverglades City Attorney Collier County Board of County Commissioners �a-- iN . Fred W. Coyle, Chairman Supervisor or Elections of Collier County Jdtuiifer J. E ards,Supervisor of Elections City of Everglades City Sammy Hami ton, Mayor Revised September 2005 16J1 Exhibit A Collier County, Florida S-19.1 SECURITY PROCEDURES for Stand Alone Municipal Elections (not scheduled concurrently with state /county dates or mail ballot elections) The Elections Office will advertise the registration book closing. 2. The Elections office will provide the City with a precinct -by- precinct demographics report within seven days of registration book closing. 3. On the 6th day preceding Election Day, the Elections Office will run the computer sort to produce precinct registers for use by the City (not required for mail ballot election). 4. On the 4th day preceding Election Day, the Elections Office shall deliver the precinct register(s) to the City Clerk no later than 5:30 p.m. (not required for mail ballot election). 5. If the City leases the County's voting equipment (not supplies), permission must be obtained from both the Board of County Commissioners and the Supervisor of Elections for each election date. The City shall provide the County with an itemized list of requested equipment no less than 45 days prior to Election Day. The County shall not be required to provide equipment it does not have nor shall it be required to provide all equipment requested. 6. If authorized by the County, the City shall arrange to pick up the leased equipment and deliver it to their polling place(s). 7. The City shall return leased County equipment to the Elections Office no later then the day after the election. The equipment shall be in the same condition as when it was received by the city. 8. If the City issues absentee ballots, the Elections Office will, prior to the canvass of votes, provide the City with records access for their verification of voter signatures on absentee ballots brought to the Elections Office by the City or the Supervisor will verify signatures that are faxed to the office. 9. No later than the 2nd day after the election, the City shall deliver to the Elections Office the precinct register(s) organized in ascending precinct order. No later than the 3rd day after the election, the City shall deliver to the Elections Office, the voter affidavits organized in alphabetical order for use to the Elections Office in updating elector records. 10. If the City leases the County's ballot tabulation system, only the Supervisor of Elections Security procedures for building and system access shall apply. The City shall be responsible for all other security measures for its procedures and supplies. 11. The Elections Office shall retain the precinct register(s) for twenty -two (22) months and then shall seek Bureau of Archives authorization for destruction. 12. All candidate information, amendments, and referendums must be submitted to the Supervisor of Elections no later than the 46`h day prior to the Election, the last day of qualifying. All audio files with tape recorded spoken name of candidate will be made available to the Election Systems and Software at the same time. The Supervisor of Elections will invoice The City of Everglades all costs of the audio ballot. 13. Elections costs shall include, but not be limited to expenditures for all paper supplies including envelopes, instructions to voters, affidavits, precinct registers, reports, ballots, postage, notices to voters, advertisements, testing of equipment, sample ballots, data processing time and supplies, delivery and pick up of equipment, records retention and labor costs, including those costs uniquely associated with absentee ballot preparation and canvassing. These costs will be the responsibility of the County and billed to the City. 14. Cost of pollworkers, feds, and polling locations shall be the responsibility for the City. Revised September 2005 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: s Originating Dept! Div: CDESI Impact Fee AdminWration Person: Amy Patterson Date: November 8, 2005 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. NNoypmber 29.2005 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEE STUDY" DATED SEPTEMBER 15, 2005, REVISING THE LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY TO REFLECT A CHANGE IN THE RESIDENTIAL LAND USE RATE FROM AN APPLIED FORMULA TO A TIERED SCHEDULE, THE PROPOSED RATES BEING SPECIFIED IN REVISED SCHEDULE TEN OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 131- 138902- 649100 R jby ^ c it -� g — (5 Division for or Designee Date List Attachments: 1. Ordinance Amendment 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: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE O Date Received: ( Date of Public hearing: I Date Advertised: 05 17q Ift ORDINANCE NO. 200S- AN ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEE STUDY" DATED SEPTEMBER 15, 2005, REVISING THE LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY TO REFLECT A CHANGE IN THE RESIDENTIAL LAND USE RATE FROM AN APPLIED FORMULA TO A TIERED SCHEDULE, THE PROPOSED RATES BEING SPECIFIED IN REVISED SCHEDULE TEN OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILI TY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 14, 2005, the Board of County Commissioners adopted Ordinance No. 2005 -28, which amended Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code'), known as the Collier County Consolidated Impact Fee Ordinance ("CIPO„), and established the Collier County Law Enforcement Impact Fee through the adopted impact fee report titled 'Uw Enforcement Impact Fee" dated May 25, 2005 (the 'Tee Report') prepared by Tindale -Oliver and Associates, Inc. ("Consultant "); and WHEREAS, the Fee Report established the methodology for the calculation of the Law Enforcement Impact Fee and developed the appropriate and applicable impact fee rates; and WHEREAS, the Fee Report set forth a rate schedule for both new residential and new commercial construction; and WHEREAS, the rate of the adopted rate schedule, which is Schedule Ten of Appendix "A" of the LIFO and the Code, for residential land uses utilizes a formula to calculate the impact fee for a residential dwelling unit; and WHEREAS, Collier County staff has determined that the formula is extremely difficult to apply, both for staff and customers, resulting in calculation errors; and WHEREAS, the Consultant has prepared a revision to the Fee Report which changes the residential land use rate to a tiered residential fee schedule which is similar to the rate schedules for Transportation Impact Fees and Emergency Medical Services Impact Fees; and WHEREAS, the Consultant has determined that the revised rate schedule provides an equitable distribution of the impact fee and equitably distributes the coats of acquiring public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by residential land uses; and WHEREAS, having thoroughly reviewed Consultant's calculations and findings, staff concurs with the recommended changes to the Law Enforcement Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement these recommended changes to the applicable fee schedule; and staff. WHEREAS, the Board of County Commissioners accepta the recommendations from NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMLSSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74 -106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74.106. Adoption of Impact Fee Studies. .•._ � •RF 17q SECTION TWO. Schedule Ten of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: SCHEDULE TEN: LAW ENFORCEMENT EWPACT FEE SCHEDULE Land Use Rate Residential Residential= 0* Memksom Jee of $126.43 Less than 1.500 saM feet $83.03/1}welliyg unit 1.500 to 2.499 sauaie feet 2.500 square feet or more $93.31/dwellin8 unit $110.Wilwellin8 unit hunufaakwed Hal" Transient, Assisted, Group 5140,434,009" Hotel/Motel $48.81/Room Nursing HomelALF $82.20/Bed Recreational Marina $14.56/Berth Golf Course $1,801.66/18 Holes Movie Theater with Matinee $46326/Screen Institutions Hospital $170.40/1,000 sq ft Elementary School $7.7LStudent Middle School $9.42/Student High School $10.28/Student JrJCommunity College $11199 /Student University/College $27.40/Student Church $43.67/1,000 sq ft Day Care Center $4.28 /Student VWWbWA mrt L Addeo sM dmW000 ad h ddWd Pup 2 d 4 a. Office and Financial Office 50,000 sq ft or less $107.89/1,000 sq ft Office 50,001- 100,000 sq ft or less $92.48/1,000 sq ft Office 100,001 - 200,000 sq ft or less $78.78/1,000 sq ft Office 200,001400,000 sq ft or less $66.79/1,000 sq ft Office Greater than 400,000 sq ft $60.80/1,000 aq ft Medical Office $135.30/1,000 sq ft Retail Specialty Retail $167.83/1,000 sq ft Retail 50,000 sq ft or less $271.45/1,000 sq ft Retail 50,001-100,000 sq ft $255.18/1,000 sq ft Retail 100,001- 150,000 aq ft $276.58/1,000 sq ft Retail 150,001- 200,000 sq ft $259.46/1,000 sq ft Retail 200,001-400,000 aq ft $225.21/1,000 sq ft Retail 400,001- 600,000 sq ft $233.7711,000 sq ft Retail 600,001- 1,000,000 sq ft $232.06/1,000 aq ft Retail greater than 1,000,000 aq ft $203.8011,000 sq ft Phamracy/Drug Store w/Dnve -Thou $197.8111,000 sq ft Home Improvement Superstore $224.35/1,000 sq ft Quality Restaurant $685.04/1,000 sq ft Iiigh Turnover Restaurant $733.85/1,000 sq ft Fast Food Rest. w/Drive -Thnr $948.78/1,000 sq ft Gas/Service Station $209.79/Fuol Position Quick Labe $94-19/Bay Supermarket $194.38/1,000 sq ft Convenience Store $413.59 /1,000 aq ft Convenience Store w /Gras $599.4VFuel Position Convenience Store/Gas/Fast Food $674.7611,000 aq ft Auto Repair $337.3811,000 sq ft Tire Store $139.58/Bay New/Used Auto Sales $162.70/1,000 sq ft Self Service Car Wash $166.98/Bay Bank/Savings: Walk -in $188.39/1,000 sq ft Bank/Savings: Drive -in $153.28/1,000 sq ft Industrial General Industrial $53.0911,000 sq ft Business Park $77.07/1,000 aq ft Mini- Warehouse $5.99/1,000 sq ft fafflywei n Henn m nnnner _ r . ,_� f _e...._i)l _ n ^rn _ $85.63), Rufam-90 kapm Foe is sopped bond open the As Appliefible to a n �rr SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collies County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. 1WRIAW—is aelMd Pap3of4 J?4 SECTION FOUR. IiNCLUSION 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 renumbered or re- lettered and internal cross- references amended throughout to accomplish such and the word `ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of November, 2005. ATTEST Dwight E. Brock, Clerk By: , Deputy Clerk BOARD OF COUNTY COMMIISSIONERS OF COL.L E R COUNTY, FLORIDA By: lwabd k u ie AM4. OW&A 0fto Mu Y dueled P.•e a ara a. NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 29, 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 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEE STUDY" DATED SEPTEMBER 15, 2005, REVISING THE LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY TO REFLECT A CHANGE IN THE RESIDENTIAL LAND USE RATE FROM AN APPLIED FORMULA TO A TIERED SCHEDULE, THE PROPOSED RATES BEING SPECIFIED IN REVISED SCHEDULE TEN OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING 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: Ann Jennejohn, Deputy Clerk (SEAL) �I Ann P. Jennejohn 14% To: legals @naplesnews.com Subject: Law Enforcement Impact Fee Attachments: Impact Fee Law Enforcement.doc; Law Enforcement Impact Fee.doc Good Afternoon, Please advertise the attached on Friday November 18, 2005. DWI- Impact Fee Law Law Enforcement Thank you, Enforcement.doc... Impact Fee.doc... Ann 774 -8406 I Ann P. Jenneiohn From: ClerkPostmaster Sent: Wednesday, November 09, 2005 4:17 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT962577.txt; Law Enforcement Impact Fee 37, LL—i ATf962577.txt Law Enforcement (229 B) Impact Fee 17q 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 1 Ann P. Jenneiohn From: System Administrator [postmaster @napiesnews.com] Sent: Wednesday, November 09, 2005 4:17 PM To: Ann P. Jennejohn Subject: Delivered: Law Enforcement Impact Fee Attachments: Law Enforcement Impact Fee Law Enforcement Impact Fee <<Law Enforcement Impact Fee>> Your message To: legals@naplesnews.com Subject: Law Enforcement Impact Fee Sent: Wed, 9 Nov 2005 16:17:24 -0500 was delivered to the following recipient(s): legals on Wed, 9 Nov 2005 16:17:24 -0500 1 Law Enforcement Impact Fee Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Thursday, November 10, 2005 8:51 AM To: Ann P. Jennejohn Subject: RE: Law Enforcement Impact Fee - - - -- Original Message---- - From: Ann P. Jennejohn [ma ilto:Ann.Jennejohn @clerk. col Iier.fl.us] Sent: Wednesday, November 09, 2005 4:17 PM To: legals @naplesnews.com Subject: Law Enforcement Impact Fee Good Afternoon, Please advertise the attached on Friday November 18, 2005. Page I of 1 ?A "a Thank you, <<Impact Fee Law Enforcement.doc>> <<Law Enforcement Impact Fee.doc>> Ann 774 -8406 11/10/2005 ORIGINAL DOCUMENTS CHECKLIST & ROUT G SL 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 thrnuQh #d- nnTnnlrte the nhPnklict ­j fnrnl j tr, Q„ pile— /lira A qi Route to Addressee(s) (List in routing order) Office Initials Date 1. SWIJ(OL �ec_ C OF-5 - Fd m i n . Initial P, 2. Q \/ ' ol-� �. 00J Agenda Item Number 17 A 3. O Number of Original 4. w a nC Documents Attached Q es 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 Primary Staff Nrn p �it'usoin Phone Number (o5n —S7 ,7 -1 t Contact appropriate. Initial C.� j Agenda Date Item was Approved b the BCC Q \/ ' ol-� �. 00J Agenda Item Number 17 A Type of Document O Number of Original Attached w a nC Documents Attached Q es INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 ^} — Office and all other parties except the BCC Chairman and the Clerk to the Board 1 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 signature and initials are required. 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 1- time frame or the BCC's actions are nullified. Be afaM of ur deadlines! 6. The document was approved by the BCC on , Lt(Wer date) and all changes made during the meeting have been incorporated t e attached document. The County Attorney's Office has reviewed the chap es, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17A am ORDINANCE NO. 2005- 6 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE TEN OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001 -13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE AMENDED IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LAW ENFORCEMENT IMPACT FEE STUDY" DATED SEPTEMBER 15, 2005, REVISING THE LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE REVISED IMPACT FEE UPDATE STUDY TO REFLECT A CHANGE IN THE RESIDENTIAL LAND USE RATE FROM AN APPLIED FORMULA TO A TIERED SCHEDULE, THE PROPOSED RATES BEING SPECIFIED IN REVISED SCHEDULE TEN OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 14, 2005, the Board of County Commissioners adopted Ordinance No. 2005 -28, which amended Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code "), known as the Collier County Consolidated Impact Fee Ordinance ( "CIFO "), and established the Collier County Law Enforcement Impact Fee through the adopted impact fee report titled "Law Enforcement Impact Fee" dated May 25, 2005 (the "Fee Report") prepared by Tindale- Oliver and Associates, Inc. ( "Consultant "); and WHEREAS, the Fee Report established the methodology for the calculation of the Law Enforcement Impact Fee and developed the appropriate and applicable impact fee rates; and WHEREAS, the Fee Report set forth a rate schedule for both new residential and new commercial construction; and WHEREAS, the rate of the adopted rate schedule, which is Schedule Ten of Appendix "A" of the CIFO and the Code, for residential land uses utilizes a formula to calculate the impact fee for a residential dwelling unit; and WHEREAS, Collier County staff has determined that the formula is extremely difficult to apply, both for staff and customers, resulting in calculation errors; and WHEREAS, the Consultant has prepared a revision to the Fee Report which changes the residential land use rate to a tiered residential fee schedule which is similar to the rate schedules for Transportation Impact Fees and Emergency Medical Services Impact Fees; and WHEREAS, the Consultant has determined that the revised rate schedule provides an equitable distribution of the impact fee and equitably distributes the costs of acquiring public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by residential land uses; and WHEREAS, having thoroughly reviewed Consultant's calculations and findings, staff concurs with the recommended changes to the Law Enforcement Impact Fee rate schedule, and recommends that the Board of County Commissioners adopt this Ordinance to implement these recommended changes to the applicable fee schedule; and staff. WHEREAS, the Board of County Commissioners accepts the recommendations from Underlined text is added; gt l t}sete text is deleted 17 NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74 -106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -106. Adoption of Impact Fee Studies. (10) Law Enforcement facilities: " dated NUY 25, prepared by Tind; le- Olivef and Asseeiates; "Collier County Law Enforcement Impact Fee Study" dated September 15 2005 prepared by Tindale- Oliver and Associates, Inc. as- ameaded SECTION TWO. Schedule Ten of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE SCHEDULE Land Use Rate Residential Residential: R;4Qraci an fnr,M-1„ 1-1,. E4, based on a 4,000 6q4t-e�.-121 Less than 1,500 square feet $83.05/dwelling unit 1,500 to 2,499 square feet $93.3 I/dwelling unit 2,500 square feet or more $110.88 /dwelling unit Transient, Assisted, Group Hotel/Motel $48.8 I/Room Nursing Home /ALF $82.20/Bed Recreational Marina $14.56/Berth Golf Course $1,801.66/18 Holes Movie Theater with Matinee $463.26 /Screen Institutions Hospital $170.40/1,000 sq ft Elementary School $7.71 /Student Middle School $9.42 /Student High School $10.28 /Student Jr. /Community College $11.99 /Student University /College $27.40 /Student Church $43.67/1,000 sq ft Day Care Center $4.28 /Student Underlined text is added; StFuek thfough text is deleted Page 2 of 4 17 A oft Office and Financial Office 50,000 sq ft or less $107.89/1,000 sq ft Office 50,001- 100,000 sq ft or less $92.48/1,000 sq ft Office 100,001- 200,000 sq ft or less $78.78/1,000 sq ft Office 200,001- 400,000 sq ft or less $66.79/1,000 sq ft Office Greater than 400,000 sq ft $60.80/1,000 sq ft Medical Office $135.30/1,000 sq ft Retail Specialty Retail $167.83/1,000 sq ft Retail 50,000 sq ft or less $271.45/1,000 sq ft Retail 50,001 - 100,000 sq ft $255.18/1,000 sq ft Retail 100,001 - 150,000 sq ft $276.58/1,000 sq ft Retail 150,001- 200,000 sq ft $259.46/1,000 sq ft Retail 200,001- 400,000 sq ft $225.21/1,000 sq ft Retail 400,001- 600,000 sq ft $233.77/1,000 sq ft Retail 600,001- 1,000,000 sq ft $232.06/1,000 sq ft Retail greater than 1,000,000 sq ft $203.80/1,000 sq ft Pharmacy/Drug Store w/Drive -Thru $197.81/1,000 sq ft Home Improvement Superstore $224.35/1,000 sq ft Quality Restaurant $685.04/1,000 sq ft High Turnover Restaurant $733.85/1,000 sq ft Fast Food Rest. w/Drive -Thru $948.78/1,000 sq ft Gas /Service Station $209.79/Fuel Position Quick Lube $94.19 /Bay Supermarket $194.38/1,000 sq ft Convenience Store $413.59/1,000 sq ft Convenience Store w /Gas $599.41/Fuel Position Convenience Store /Gas/Fast Food $674.76/1,000 sq ft Auto Repair $337.38/1,000 sq ft Tire Store $139.58/Bay New/Used Auto Sales $162.70/1,000 sq ft Self Service Car Wash $166.98/Bay Bank/Savings: Walk -in $188.39/1,000 sq ft Bank/Savings: Drive -in $153.28/1,000 sq ft Industrial General Industrial $53.09/1,000 sq ft Business Park $77.07/1,000 sq ft Mini - Warehouse $5.99/1,000 sq ft rAWNTS SECTION THREE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. Underlined text is added; 94ffek4hFE +gh text is deleted Page 3 of 4 I I?A SECTION FOUR. 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 renumbered or re- lettered and internal cross - references amended throughout to accomplish such and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this � day of November, 2005. ATTEST Dwight,8. Brock, Clerk 4 By: t . As to 'dfa�rl�rk =i9na't+�re onl r BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Cha' an Underlined text is added; StFae tkough text is deleted Page 4 of 4 17C - COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) *+r *.. *+r,r * « * *,r,r *► * *� * * * *, tea. r** �.*,►**, r*** a*•,►, w,►,►#«*+ r******* a**.. r, trr*, r,►****«** aw* * * * * * * *,w * * *a *� * *� * * * *�,� *�,► *« Originating Dept/ Div: Comm.Dev.ServJPlanningPerson: Michael Bosi, AICR !" V Date: November 1, 2005 Petition No. (If none, give brief description): PUDEX- 2005 -AR -8365, Lands End Preserve Petitioner: (Name & Address): Goodlette, Coleman & Johnson, PA, Richard Yovanovich, Esquire, 4001 North Tamiami Trail, Suite 300, Naples, FL. 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) WCI Communities, Inc. 24301 Walden Center Drive, Suite 300, Bonita Springs, FL. 34134 Hearing before BCC BZA Other Requested Hearing date: November 29 2005 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: PUDE -2 2005 -AR 8365 (MB) WCI Communities, Inc., represented by Richard Yovanovich, Esquire of Goodlette, Coleman & Johnson, P.A., is requesting a 2- year extension of the Lands End Preserve PUD in accordance with LDC Section 10.02.13.13.5(a). The subject property, consisting of 262.9, is located in Section 5, Township 51 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312 - 649110 Reviewed by: Approved by: yepareent Head D e County Manager Date List Attachments: DISTRIBUTION INSTR rCTrONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. +t,tr,t,t *wr,t *,t * *r *, tit** f*, �*, �*, t, v, r*,►*, t**, t, t, t,►**, t*, rw, r* �**, rr, r*, t�, t,► �, t�***, t, t* r*+ t�***, t, �**, t*** * *,t * *,t,t *,t * * * *,t * *,t,t,t.t,t FOR CLERK'S OFFICE USE ONLY: Date Received: qa]Ls— Date of Public hearing: ��_ Date Advertised: I 3 17 C 14i RESOLUTION N0.05 — A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.). OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFLICTING ORDINANCE 03-04 KNOWN AS THE LANDS END PUD, EXTENDING THE CURRENT PUD ZONING TO JANUARY 22, 2008. WHEREAS, the Lands End PUD Zoning District, adopted on January 22, 2003, by the Collier County Board of County Commamonecs as Ordinance Number 03-04 is subject to the provisions of Section 10.02.13.D., of the Land Development Code (L.DC), TXW Umits for Approved PUD Zoning Districts together with their respective Master Platte; and WHEREAS, the PUD Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth ManaFra<Ut Plan; and WHEREAS, the Board of County Commisa OOM has reviewed the PUD and has determined it is appropriate to extend effectiveness of the PUT) Zoning for two (2) years, until January 22, 2008. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY CON%IISSION OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are true and corrvct, and are adopted herein by reference as if fully set forth herein. 2. This Resolution oonstitutes evldeam of compliance with the review requirements of LDC Section 10.02.13.D. 3. Pursuant to said Section of the LDC, the current PUD approval is hereby extended to January 22, 2008. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted This Resolution adopted after motion, second and super majority vote. This Resolution shall became immediately effeative upon adoption. Done dds day of 2005. ATTEST; DWIGHT E. BROCK, Clark Deputy Cleric Approved as to form and legal stUfIcicmy. JOhiiifer A. Be edioo Assistant County Attorney ruosx zaoa -AR. U&4jMMft Page 1 of 1 BOARD OF COUNTY CObgMSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN 17C - November 7, 2005 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: PUDEX - 2005 -AR -8365, Lands End Preserve Dear Legals: Please advertise the above referenced petition on Sunday, November 13, 20059 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk Acct. # /P.O.# 113 - 138312 - 649110 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, November 29, 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 PUDEX- 2005 -AR -8365, (MB) WCI Communities, Inc., represented by Richard Yovanovich, Esquire of Goodlette, Coleman & Johnson, P.A., is requesting a 2 -year extension of the Lands End Preserve PUD in accordance with LDC Section 10.02.13.D.5(a). The subject property, consisting of 262.9 acres, is located in Section 5, Township 51 South, Range 26 East, Collier County, Florida. 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 COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts -r�aunty -of- Collier CLERK OF THt C4RCUIT COURT COLLIER COUNTY QOURTAOUSE 3301 TAMIAMI TRAIT, EAST Clerk of Courts . P.O. BOX 4h1044 Accountant NAPLES, FLORIDA-,3J101-H'44 Auditor » Custodian of County Funds ya. , i 17C oft November 7, 2005 WCI Communities, Inc. 24301 Walden Center Drive, Suite 300 Bonita Springs, FL 34134 Re: Notice of Public Hearing to Consider Petition PUDEX - 2005 -AR -8365; Lands End Preserve Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkC clerk collier.fl.us Cp�u_ nt`y - -_of- Collier -. Ty CLERK OF THE - CIRC;TIT COURT Dwight E. Brock COLLIER COUNTY TURT40USE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 4t�044 Accountant NAPLES, FLORIDA'S 101 -3044 Auditor Custodian of County Funds November 7, 2005 Richard Yovanovich, Esquire Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Fl 34103 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -8365; Lands End Preserve Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: colfierclerk@clerk.collienfl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -8365 Lands End Preserve Attachments: PUDEX- 2005- AR- 8365.doc; PUDEX- 2005- AR- 8365.doc Hello, Please advertise the attached on Sunday, November 13, 2005. PUDD(- 2005 -AR -83 Thank you, 65.doc (23 KB)... Ann i 17C oft A PUDEX- 2005 -AR -83 65.doc (22 KB)... 17C eft Ann P. Jennejohn From: ClerkPostmaster Sent: Monday, November 07, 2005 4:22 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT691638.txt; PUDEX- 2005 -AR -8365 Lands End Preserve LLJ ATT691638.txt PUDEX- 2005 -AR -83 (229 B) 65 Lands End P... 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 1 Ann P. Jenne'ohn 17C �• From: System Administrator [postmaster @naplesnews.com] Sent: Monday, November 07, 2005 4:22 PM To: Ann P. Jennejohn Subject: Delivered: PUDEX- 2005 -AR -8365 Lands End Preserve Attachments: PUDEX- 2005 -AR -8365 Lands End Preserve PUDEX - 2005 -AR -83 65 Lands End P... <<PUDEX- 2005 -AR -8365 Lands End Preserve>> Your message To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -8365 Lands End Preserve Sent: Mon, 7 Nov 2005 16:22:15 -0500 was delivered to the following recipient(s): legals on Mon, 7 Nov 2005 16:22:16 -0500 1 PUDEX- 2005 -AR -8365 Lands End Preserve Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, November 07, 2005 4:33 PM To: Ann P. Jennejohn Subject: RE: PUDEX- 2005 -AR -8365 Lands End Preserve OK - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Monday, November 07, 2005 4:22 PM To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -8365 Lands End Preserve Hello, Please advertise the attached on Sunday, November 13, 2005. Thank you, AR- 8365.doc>> Ann 11/7/2005 «PUDEX -200 5 -AR -8365. d oc>> Page 1 of 1 17C «PUDEX -2005- am Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59135037 PUDEX- 2005- AR- 8365NO State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Co'lierC_ounty, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/13 11/13 17C C PUDFX- 2o65•AR -8365 ". PUBNiic w .EsoF�. groupp or organization may Iftm bto speak 10 min. AD SPACE: 105.000 INCH I must SM FILED ON: 11/14/05 terial a n weeks pri ------------- - - - - -- spective ria s int Signature of Affiant _� etc - �� -�c >✓ ,considered ,- -- _ =hallapbper s Sworn to and Subscribed before me this day o 20 Vail a min -� qn ..days � ulalic hear Personally known by me ons befor �nl bQCOrr gent part of 1 Any Person ft to a pea have UM of 3 the re- um or sev. or to the ;- An ma. resenta- t e Board a perma- !record, road S° d oT ctle airs ttiereek rei NmaY enr�el to ensure that a ve tim record of the rr ceedings fs made w ;!record Includes ,t6 to ti "P,V upon whichtlthe i pgpe! Is based. BOARD OF COUNT' COMMISS KWjtg COLLILrR 'COUNTV Ft nDMA lent john, Dep. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 r TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V 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 throw h routine lines # 1 throw h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office I Initials Date i (List in routine order) 1. 2. 3. El 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 Phone Number Contact '� 0:&. V$g�S7y5 Agenda Date Item was Agenda Item Number Approved by the BCC Type of Document Number of Original Attached �, I Documents Attached INSTRUCTIONS & CHECKLIST rrruia, Me r es column or mark "N /A" in the Not Applicable column, whichever is appropriate. 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.) All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except 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 negotiated contract date whichever is applicable Sign here tabs are placed on the appropriate pages indicating where the Chairman's mature and initials are required. 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! The document was approved by the BCC on Il- 4� t (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Yes (Initial) N/A (Not A licable) tv DV 7 *At� N/A is not an option for line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05 17C MEMORANDUM Date: December 1, 2005 To: Mike Bosi, Principal Planner Zoning and Land Devlopment Review From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution No. 2005 -412 Enclosed please find one copy of the document referenced above, Agenda Item #17C, which was approved by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure 17C RESOLUTION NO. 05 — 412 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 03 -04 KNOWN AS THE LANDS END PUD, EXTENDING THE CURRENT PUD ZONING TO JANUARY 22, 2008. WHEREAS, the Lands End PUD Zoning District, adopted on January 22, 2003, by the Collier County Board of County Commissioners as Ordinance Number 03 -04 is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined it is appropriate to extend effectiveness of the PUD Zoning for two (2) years, until January 22, 2008. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are true and correct, and are adopted herein by reference as if fully set forth herein. 2. This Resolution constitutes evidence of compliance with the review requirements of LDC Section 10.02.13.D. 3. Pursuant to said Section of the LDC, the current PUD approval is hereby extended to January 22, 2008. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and super majority vote. This Resolution shall become immediately effective upon adoption. Done this 0� J day of v t' z�,2005. ATTEST.-,') 0 DWI"°IT E. BROCK, Clcfk Approved'as to form and legal suffi` 4ncy: Je fifer A. Be pedio Assistant County Attorney PUDEX- 2005- AR- 8365/M B /sp Page 1 of 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE,CHA Item # I q L Agenda Date__` c;:'e Rec'd COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div. Comm.Dev.Serv. /Plannin Person: Heidi Williams 1J" Date: , I Petition No. (If none, give brief description): PUDEX- 2005 -AR -8266, Livingston Lakes Petitioner: (Name & Address): RWA, Inc., Dwight Nadeau, 6610 Willow Park Drive, Suite 2, Naples, Fl. 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Section Thirty Corp. LLC, 600 5th Ave., So., Suite 207, Naples, Fl. 34102 Hearing before BCC BZA Other Requested Hearing date: ( ( ) 9-1-j 1 b 5 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Petition: PUDEX- 2005 -AR -8266, Section Thirty Corporation, LLC, represented by Dwight Nadeau, of RWA, Inc., is requesting a 2 -year extension to the Livingston Lakes PUD from February 23, 2006 to February 23, 2008. The subject property, consisting of 46.73 acres, is located on the east side of Livingston Road, approximately ' /e of a mile south of Immokalee Road, Section 30, Township 48 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 Reviewed by: epartment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR CLERK'S OFFICE USE ONLY: I Date Received:k ( kft)-6- Date of Public he (< Z Date Advertised: I 1 31 OS 17E RESOLUTION 2005 —_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 99 -18 KNOWN AS LIVINGSTON LAKES PUD, EXTENDING THE CURRENT PUD ZONING APPROVAL TO FEBRUARY 23, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Livingston Lakes PUD Zoning District, adopted on February 23, 1999, by the Collier County Board of County Commissioners, Ordinance 99 -18 is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth Management Plan; and WHEREAS, on July 26, 2005 the Board of County Commissioners adopted Resolution 2005 -283 which extended the PUD zoning for an additional two (2) years, until February 23, 2006; and WHEREAS, a second extension of the PUD zoning was requested to February 23, 2008, which is the maximum and last extension allowed under LDC Section 10.02.13 D(6)(a); and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined it is appropriate to extend the PUD Zoning for two (2) years, until February 23, 2008. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: 1. The above recitals are true and correct, and are adopted herein by reference as if fully set forth herein. 2. This Resolution constitutes evidence of compliance with the review requirements of LDC Section 10.02.13.D. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to February 23, 2008; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. Page 1 of 2 17E " an BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution shall become immediately effective upon adoption. This Resolution adopted after motion, second and majority vote. Done this day of 52005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to 4orm, an d legal sufficiency: G1 4 Jennifer A. Belpedio Assistant County Attorney FRED W. COYLE, CHAIRMAN Page 2 of 2 21l "08,`2005 08:25 239043690$ r Department of Zoning and land Deveioprnent Review 2800 North Home9Fwe Drive Napbs, Florida 34104 (239) 403.2400 (239) 643%6968 or (2M 2132916 FAX Fax COLLIER CTY ZONING PAGE 01/04 1.7 E y i .. • � ii Rae e C]aic r", V OUnpM ❑ For Ra+rlaw ❑ phm" Corremmt ❑ Planer Rrpiy C] Pbw RreY01e .Camnnents: 11/'08/2005 06:25 2346436568 COLLIER CTY ZCNIHG COLLIER COUNTY FLORIDA REQIUE5T FOR LEGAL ADVERTISING OF PUBLIC HEARINGS PAGE 02/04 17E To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) kkiwwwwlk$wwwwwwwwwswwM A *ka +wwwwww *w *a4iA� +,t ieiew,y,.Aaw+. +wwww wwwArli.klr * *wwWwAtYNwA6w w *w:►wa *aw +4,Mwwww + +�wwwwrw Dev,Serv./Plannin Person: Heidi Williams Date: Originating Dept! 17ty; Cotnm g -,� Petition No. (If none, give brief description): PUDEX- 2005 -AR -8266, Livingston Lakes petitioner: (Name & Address): R «'A, Inc., Dwight Nadeau; 6610 Willow Park Drive, Suite 2, Naples, Fl. 34109 Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Section Thirty Corp LLC, 600 5th Ave., So., Suite 207. Naples, Fl. 34102 Hearing before BCC BZA Other Requested Hearing date:_ Si Based on advertisement appearing )5 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News other Legally Required Proposed Text: (include legal description & common location & Size); petiti • PUU ;2003- AB_$266 Section Tbirty Corporation, LLC, represented by Dwight Nadeau, of RWA, Inc., is requesting a 2 -year extension to the Livingston Lakes PUD from February 23, 2006 to February 23, 2008. The subject property, consisting of 46.73 acres„ is located on the east side of Livingston Road, approximately Y. of a mile south of Immokalee Road. Section 30, Township 48 South, Range 26 East, Collier County, Florida. Cornpatrion petition(s), if any & proposed hearing date: Does Petition Fee iRxclude advertising cost? Ycs No It Yes, what account should be charged for advertising costs: 113- 138312- 649110 Reviewed by: i� /7/0) apartment Head Date List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B, Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ** � *kkwwwwwww,v,t�,'r * * * * #t *rtwww Raw *wwN k+* �� *wkwwwww+4www�r *h +w + +kwwwwww, raw* �I*+, �*+ t + +wwa�w+rwblr *AYrk +ww *wwwww9ew FOR CLERK'S OFFICE USE ONLY: Date Received;I Date of Public hearing: 'L Cate Advertised: �� :ii39/2a35 39:25 2396436969 COLLIER CT1 70N;NG RAGE 33/34 17E - RESOLUTION 2005 A RESOLUTION BY THE BOARD OF COT-"''Ty COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COLTNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 99 -18 KNOWN AS LIVINGSTON LAKES PUD, EXTENDING THE CURRENT PUD ZONING APPROVAL TO FEBRUARY 23, 2008; A'\D PROVIDING AN EFFECTIVE DATE. 'wrH.'ERJEAS, the Livingston Lakes PUT) Zoning District, adopted on February 23, 1999, by the Collier County Board o£ Count}' Commissioners, Ordinance 99 -18 is subject to the provisions of Section I0.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PLED Zoning Districts together with their respective Master Plans; and WHEREAS, the PILO Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth Management Plan; and WHEREAS, on July 26, 2005 the Board of County Commissioners adopted Resolution 2005 -283 which extended the PUD zorfmg for an additional two (2) years, until February 23, 2006; and WHEREAS, a second extension of the PUD zoning was requested to February 23, 2008- which is the maximum and last extension allowed under LDC Section 10.02.13 D(6)(a); and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined it is appropriate to attend the PUD Zoning for two (2) years, until February 23, 2008. NOW. TREREF(ORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: 1. The above recitals are true and correct, and are adopted herein by reference as if fully set forth herein. 2. This Resolution constitutes evidence of compliance with the review requirements of LDC Section 10.02,13.D. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to February 23, 2008; at the end of which time the owner shall submit to the ,procedures in LDC Section 10.02.13.D. Page I of 2 " /@c1 .'2E765 03:25 2336436566 COLLIEP CTY 7ONIMCi PAGE 04-'04 17E 'i- BE IT FURTFiL ^R F�LSOLVFD that this Resolution be recorded in the Minutes of this 130ard and in the records of the Petition for which the extension is granted. This Resolution shah become immediately effective upon adoption. This Resolution adopted after motion, second and majority vote. Done this day of 2005. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clrzk Approved as to orm and legal 4 sufficiency: ,1 k t V 3ennif: r A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COL'.NTY, FLORIDA FR1;D W. COYLE•, CHA.IRMAPS Page 2 of 2 17E _ November 8, 2005 Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: PUDEX- 2005 -AR -8266, Livingston Lakes Dear Legals: Please advertise the above referenced petition on Sunday, November 13, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk Acct. # /P.O.# 113 - 138312 - 649110 IV ?E as NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 29, 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: PUDEX- 2005 -AR -8266, Section Thirty Corporation, LLC, represented by Dwight Nadeau, of RWA, Inc., is requesting a 2 -year extension to the Livingston Lakes PUD from February 23, 2006 to February 23, 2008. The subject property, consisting of 46.73 acres, is located on the east side of Livingston Road, approximately 1/4 of a mile south of Immokalee Road, Section 30, Township 48 South, Range 26 East, Collier County, Florida. 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 COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) - ,- n-` _of- C0-llier CLERK OF TIC CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URT�OUSE Clerk of Courts g 3301 TAMIAMI IL EAST Clerk of Courts P.O. BOX 48044 Accountant NAPLES, FLORIDA 13 101 -3044 Auditor .� Custodian of County Funds >.2.€:., I: November 8, 2005 Section Thirty Corp., LLC 600 5th Avenue., So., Suite 207 Naples, F134102 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -8266, Livingston Lakes Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk (a,clerk.collier.fl.us Dwight E. Brock Clerk of Courts C alunty -of- Collier CLERK OF THt CIRCUIT COURT COLLIER COUNTY uX%- uSE Clerk of Courts 3301 TAMIAMI T IL EAT P.O. BOX 431044 1 Accountant NAPLES, FLORIDA,3�101 -3044 Auditor Custodian of County Funds 17E "M November 8, 2005 Dwight Nadeau RWA, Inc. 6610 Willow Park Drive, Suite 2 Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition PUDEX- 2005 -AR -8266, Livingston Lakes Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 29, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 13, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk@derk.collier.fl.us 17E Ann P Jennejohn To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -8266 Livingston Lakes Attachments: PUDEX- 2005- AR- 8266.doc; PUDEX- 2005- AR- 8266.doc Good Morning, Please advertise the attached on Sunday, November 13, 2005. Thanks again, Ann C C PUDEX- 2005 -AR -82 PUDEX- 2005 -AR -82 66.doc (23 KB)... 66.doc (22 KB)... 17E Ann P. Jennejohn From: ClerkPostmaster Sent: Tuesday, November 08, 2005 11:57 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT825057.txt; PUDEX- 2005 -AR -8266 Livingston Lakes El L� ATT825057.bct PUDEX- 2005 -AR -82 (229 B) 66 Livingston ... 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 1 Ann P Jennejohn From: System Administrator [postmaster@ naplesnews.com] Sent: Tuesday, November 08, 2005 11:57 AM To: Ann P. Jennejohn Subject: Delivered: PUDEX- 2005 -AR -8266 Livingston Lakes Attachments: PUDEX- 2005 -AR -8266 Livingston Lakes LI PUDEX- 2005 -AR -82 66 Livingston ... « PUDEX- 2005 -AR -8266 Livingston Lakes >> Your message To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -8266 Livingston Lakes Sent: Tue, 8 Nov 2005 11:56:50 -0500 was delivered to the following recipient(s): legals on Tue, 8 Nov 2005 11:56:44 -0500 1 17E - PUDEX- 2005 -AR -8266 Livingston Lakes Ann P. Jennejohn From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Tuesday, November 08, 2005 12:07 PM To: Ann P. Jennejohn Subject: RE: PUDEX- 2005 -AR -8266 Livingston Lakes OK 17E - - - -- Original Message---- - From: Ann P. Jennejohn [mailto: Ann .Jennejohn @clerk.collier.fl.us] Sent: Tuesday, November 08, 2005 11:57 AM To: legals @naplesnews.com Subject: PUDEX- 2005 -AR -8266 Livingston Lakes Good Morning, Please advertise the attached on Sunday, November 13, 2005. Page 1 of 1 Thanks again, «PUDEX- 2005- AR- 8266.doc>> «PUDEX- 2005- AR- 8266.doc>> Ann 11/8/2005 Naples Daily News Naples, FL 34102 17E 4ft Affidavit of Publication Naples Daily News --- - + - - -- ---------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649110 59135401 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily :Tew.s, a daily newspaper p ??blished at Naples; in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/13 11/13 AD SPACE: 108.000 INCH FILED ON: 11/14/05 ------------- - - - - -- +----------------------- Signature of Affiant _ �!` cer -&',f .: — - -.. Sworn to and Subscribed before me this %J7 day.of�� 20L-� i Personally known by me -a NOTICE OF PUBLIC HEARING Center, ml Trail, a. The iegin at E'4st� Ca IFe Range 26 Floc A Nft- All Persons wish- iajngg to speak on any t$F� with the Co my Ad- ministrator prdi�oQr pa� I'm of It'm to be addressed, 1�dlvldupa speakers will *limited to 5 minutes or). any Item. The selec. Iron of an ind vldual to Speak on prQupl s encouraged. I recoo n(>sed by the Ch;tir, a spokesperson for a gtouR or organization Ta be allotted 10 min- s to speak on an item. Persons wishing to hoeiwriEtan or is r�ateriahG Inclu ee in the hoard agenda pack- submit said ,net wW jj n" Mum of 3 ium of s v- Ior'to tne g. All ma- I presenta- the Board a ,perma- ie record. who decid- a decision will need .a and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- pp a ud ict the a isbase. C04MID O)NE-COUNTY COLLIER, COUNTY, W: COYLE. CHAIR - DWIGHT E. BROCK, CLV By RRiKACnn lennelohn, Dep- ( Clerk Nov. 13 No.1259691 �V -a NOTICE OF PUBLIC HEARING Center, ml Trail, a. The iegin at E'4st� Ca IFe Range 26 Floc A Nft- All Persons wish- iajngg to speak on any t$F� with the Co my Ad- ministrator prdi�oQr pa� I'm of It'm to be addressed, 1�dlvldupa speakers will *limited to 5 minutes or). any Item. The selec. Iron of an ind vldual to Speak on prQupl s encouraged. I recoo n(>sed by the Ch;tir, a spokesperson for a gtouR or organization Ta be allotted 10 min- s to speak on an item. Persons wishing to hoeiwriEtan or is r�ateriahG Inclu ee in the hoard agenda pack- submit said ,net wW jj n" Mum of 3 ium of s v- Ior'to tne g. All ma- I presenta- the Board a ,perma- ie record. who decid- a decision will need .a and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- pp a ud ict the a isbase. C04MID O)NE-COUNTY COLLIER, COUNTY, W: COYLE. CHAIR - DWIGHT E. BROCK, CLV By RRiKACnn lennelohn, Dep- ( Clerk Nov. 13 No.1259691 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7E 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 fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .o Linn �fthe Chairman's cionann-e drew a line, through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact N� W (initial) Applicable) 2, (� ��/ Agenda Item Number 1 3. J 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Ma ages Board of County Commissioners il. — (� 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 ,, ''II r rr ,,11r CLk S Phone Number N/A (Not Contact N� W (initial) Applicable) Agenda Date Item was (� ��/ Agenda Item Number 1 A roved b the BCC J Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original i Attached il. — (� Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 �•X 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 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 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 J` signature and initials are required. 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 awa e of our deadlines! 6. The document was approved by the BCC on / ,fpnter date) and all changes N/A is not made during the meeting have been incorporated in t e attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17E `V;0 MEMORANDUM Date: December 1, 2005 To: Heidi Williams, Principal Planner Zoning and Land development From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2005 -413 Enclosed please find one copy of the document referenced above, (Agenda Item #17E), which was adopted by the Board of County Commissioners on Tuesday, November 29, 2005. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure 17E RESOLUTION 2005 — 413 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 99 -18 KNOWN AS LIVINGSTON LAKES PUD, EXTENDING THE CURRENT PUD ZONING APPROVAL TO FEBRUARY 23, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Livingston Lakes PUD Zoning District, adopted on February 23, 1999, by the Collier County Board of County Commissioners, Ordinance 99 -18 is subject to the provisions of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD Ordinance was adopted consistent with, and under, the provisions of the Collier County Growth Management Plan; and WHEREAS, on July 26, 2005 the Board of County Commissioners adopted Resolution 2005 -283 which extended the PUD zoning for an additional two (2) years, until February 23, 2006; and WHEREAS, a second extension of the PUD zoning was requested to February 23, 2008, which is the maximum and last extension allowed under LDC Section 10.02.13 D(6)(a); and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined it is appropriate to extend the PUD Zoning for two (2) years, until February 23, 2008. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: 1. The above recitals are true and correct, and are adopted herein by reference as if fully set forth herein. 2. This Resolution constitutes evidence of compliance with the review requirements of LDC Section 10.02.13.D. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to February 23, 2008; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13.D. Page 1 of 2 17E BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution shall become immediately effective upon adoption. This Resolution adopted after %11T;/�/-'/'2005. ion, second and majority vote. Done this ,� y day of / ATTEST' DWICr�-IT E. BRQCK,f—'lerk "Attet �A' s �Sitvre on1p Approved, to orm and legal sufficiency: r., n Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CH AN Page 2 of 2 Item # 19 C Agenda Date Rec'd [,Z— _ D'S