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Backup Documents 05/13/2003 RREGULAR MEETING MAY 18, 2003 Naples Deily 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 200213 58656303 NOTICE OF PUBLIC NEE State of FLdride County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 05/11 AD SPACE: 65.000 INCH FILED ON: 05/12/03 - I -------- -- - - - -° ---- - - - - -- -------------------------------- -- --- Signature of Affiant ,rr� P cv.�.rn r� nn!t Subscribed be t me th' day of�� ZU' asown by me .. xpK'f" PLg� I)Grnna Chesney �9 MY Camrnfssion DD056336 "arQ.xprces Saternti�,r 11, 2005 NOTICE-OF PUBLIC MEETING BOARD OF COUNTY COMMISSIONERS COLLIER COUNT`, FLORIDA Myy 1 Tuesday, 003 9:00 X.M. Ice Is hereby giv urner I F) at Of me of to record Ings pi F(m record of the pro. ceedings Is made, which record Includes the testi- uponywhlch theiappeal is to be based. COSCOUNTY MMISIONER COLLIER COUNTY, FLORIDA Tom Henning, Chair- man DWIGHT E. BROCK, CLERK BY: /s/ Maureen Ken - ion, Deputy Clerk ��v 11 No. 108629 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A AGENDA May 13, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice - Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 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. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS ". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 May 13, 2003 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 A. Eric Richardson, Grace Bible Church 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. April 8, 2003 — Regular Meeting Approved as presented 5/0 C. April 15, 2003 — Workshop Approved as presented 510 D. April 16, 2003 — Workshop Approved as presented 5/0 E. April 17, 2003 — Town Hall Meeting Approved as presented 5/0 F. April 22, 2003 — Regular Meeting Approved as presented 5/0 G. April 30, 2003 — Town Hall Meeting Approved as presented 5/0 2 May 13, 2003 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to designate the week of May 19 through May 23, 2003 as Collier County Safe Boating Week. To be accepted by William J. Reid, Past Commander of Naples Sail Power Squadron. Adopted 5/0 B. To designate the week of May 12 through May 16, 2003 as Tourism Week in Collier County. To be accepted by Clark Hill, General Manager of Hilton Naples and Towers on behalf of the Collier County Lodging Association. Adopted 510 C. Proclamation to designate May 15, 2003 as Law Enforcement Appreciation Day. To be accepted by Sheriff Don Hunter. Adopted 5/0 D. Proclamation to dedicate the Sheriff's Office Golden Gate Substation in memory and honor of Major Pat Mullen. To be accepted by Sheriff, Don Hunter. Adopted 5/0 E. Proclamation to designate the Month of May as Teen Pregnancy Prevention Awareness Month. To be accepted by Dr. Pete Tougas, Naples Area Teenage Parenting Program and Ramona McNicholas, American Association of University for Women. Adopted 5/0 F. Proclamation to designate May 12 through 18 as Immokalee Friendship House Week. To be accepted by Ed Laudise, Executive Director of the Immokalee Friendship House. Adopted 510 G. Proclamation to designate May 18 through 24 as Emergency Medical Services Week. To be accepted by Christine Crato, EMS Paramedic of the Year. Adopted 5/0 3 May 13, 2003 5. PRESENTATIONS A. Item continued from April 22, 2003 BCC Meeting. Presentation by Fire Chief Donald R. Peterson, regarding the installation of speed bumps, calming devices and pre -entry treatments on roads. Staff to work with EMS, Fire Dept., and Sheriffs Dept. regarding this issue. B. Presentation of the Phoenix Awards by John Dunnuck, Public Services Administrator. Recognized 6. PUBLIC PETITIONS A. Public petition request by Mr. Bob Krasowski to discuss Zero Waste Strategy /Plan Outline for the Handling of Collier County's Solid Waste Stream. Slide Presentation and waste elimination analysis B. Public petition request by Mr. Georges Chami to discuss Town Market request for Independent Investigation. Copies of the citizens' petition supporting Mr. Chami's public petition are available for public inspection in the County Manager's Office, 2nd Floor, 3301 East Tamiami Trail, Naples. No Independent Investigation granted 7. BOARD OF ZONING APPEALS A. Item continued from April 8, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2002 -AR -3379, Aquatic Architects, Inc., representing Kris and Jodi Anderson, requesting an after - the -fact variance of 1.8 feet from the minimum rear yard accessory structure setback of 10 feet to 8.2 feet for a screened enclosure addition to a single family dwelling for property located at 349 Wimbledon Lane, further described as Berkshire Lakes, Unit 1, Block B, Lot 39, in Section 32, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2003 -176 Adopted 3/2 (Commissioners Coyle and Halas opposed) 4 May 13, 2003 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ- 02 -AR- 3095, Mr. Richard D. Yovanovich of Goodlette, Coleman and Johnson, representing Marian Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to PUD, Planned Unit Development to be known as the Livingston Village PUD allowing for a maximum 590 residential dwelling units for property located on the east side of Livingston Road (CR 881) and west side of the I -75 right -of -way in Section 19, Township 49 south, Range 26 east, Collier County, Florida. Ordinance 2003 -23 Adopted 510 — with stipulations 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Airport Authority. Resolution 2003 -177 Adopted — 5/0 Re: Appointment of James A. Peterka (term to expire on August 10, 2005) B. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2003- 178 Adopted — 510 Re: Re- appointment of John P. Strapponi (4 -year term) and confirmation of Ronald M. Pennington as the City of Naples appointment C. Appointment of member to the County Government Productivity Committee. Resolution 2003 -179 Adopted — 510 Re: Appointment of Michael S. McCampbell (term to expire on February 4, 2004) D. Appointment of member to the Board of Building Adjustments and Appeals. Resolution 2003 -180 Adopted — 5/0 Re: Appointment of William J. Varian (term to expire on August 9, 2004) E. Discussion regarding amending the ordinance to change the membership on the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. (Commissioner Henning) Ordinance to be advertised and brought back amending the membership so that two members do not have to work or own property in the redevelopment area — 510 5 May 13, 2003 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to confirm the appointment of Ms. Len Golden Price to the position of Administrative Services Administrator. (Jim Mudd, County Manager) Approved - 510 B. Adopt a resolution authorizing the condemnation of fee simple interest in property required for the construction of a storm water treatment pond along Golden Gate Boulevard made necessary by the construction of roadway improvements along 13th Street Southwest from Golden Gate Boulevard South to 16th Avenue SW (Project No. 69068). (Fiscal Impact: $200,000.00) (Norman Feder, Administrator, Transportation) Resolution 2003 -181 Adopted — 5/0 C. Approve two agreements for sale and purchase with the Paul Family for the purchase of property to house the Northeast Regional Water Treatment Plant and Water Reclamation Facility at a cost not to exceed $6,007,000. Project Numbers 70154 and 73155. (Jim DeLony, Administrator, Public Utilities) Approved — 510 Moved from Item #16C4 D. Approve Work Order #MP- FT- 03 -02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirme, Inc., under Contract #00 -3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. Approved 4/1 (Commissioner Coletta opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski on Consent Item #16C5 12. COUNTY ATTORNEY'S REPORT Withdrawn A. This item to be heard at 12:00 noon. Closed Attorney - Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiation issues in Terracina, LLC v. Collier County, Case No. 02- 4440- CA- HAYES, now pending in the Circuit Court, Naples, Florida. 6 May 13, 2003 B. Reject a proposed settlement agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case Nos. 99- 4226 -CA and 00-3430 - CA. Approved 5/0 w /no offer to be accepted for less than $50,000 C. Approve the Stipulated Final Judgment as to Parcel 909 for $51,000 in Collier County v. Jessie M. Durden, et al, and purchase of remainder property (Santa Barbara Sewer Force Main Interconnect - Projects 73132, 73150, and 73151). For additional $214,000. (Total cost of $265,000) Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS A. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice Three Year COPS Universal Hiring Program 2003 Grant. Approved 4/1 (Commissioner Halas opposed) B. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Homeland Security Overtime Program 2003 Grant. Approved 510 C. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice Three Year COPS in Schools 2003 Grant. Approved 4/1 (Commissioner Halas opposed) Consensus of Board to direct staff to contact Collier County School Board to help w /funding of police patrol in county schools D. Request that the Board of County Commissioners authorize the expenditure of available funds for the purchase of 800 MHz portable radios for the Sheriff's Office. Approved 5/0 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Chairman to sign letter to Governor about Everglades Restoration — 7 May 13, 2003 Consensus B. Closed Session scheduled for BCC Meeting of May 27 RE: Aquaport C. Advisory Board Committee Applicants —to be brought back 6/9/03 D. LDC meeting —June 18, 2003 to be changed to June 16 or 17 (availability) E. Airport Authority Interim Director —Gene Schmitt F. New Government Channel in Immokalee, FL — opening ceremony on Wednesday, at Rib City at noon 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 with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of "Treasure Point ", and approval of the Standard Form and Construction and Maintenance Agreement and approval of the amount of the Performance Security. w /stipulations 2) Consider approval of a contract amendment in the amount of $12,500 for professional consultant services from the Gail Easley Company for services related to the revision of the Collier County Land Development Code (LDC). 3) Request to grant final acceptance of the water and sewer improvements for the final plat of "Island Walk Phase Five -A" Resolution 2003 -168 w /release of maintenance security 8 May 13, 2003 4) Request to grant final acceptance of the water and sewer improvements for the final plat of "Island Walk Town Center" Resolution 2003 -169 w /release of maintenance security 5) Final acceptance of water utility facilities for Galleria at Vanderbilt. w /UPS release 6) Final acceptance of water and sewer utility facilities for Countryside Commons, Phase One. w /UPS release 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No's: 2001 -076; 2001 -082; 2002 -012 and IM2001 -001. 8) Approval of Contract #02 -3317, in the amount of $38,324, with Henderson, Young and Company for consultant services for a Fire Protection Impact Fee Update Study. 9) Approval of one (1) impact fee reimbursement of $49,381.56 due to overpayment. to Courtelis Construction (Building Permit #2002071484) 10) Approval of one (1) impact fee reimbursement of $6,016.82 due to building permit cancellation. to Nicanor and Kimberly Sanchez (Building Permit #2002022779) 11) Approval of one (1) impact fee reimbursement of $43,611.84 due to twelve (12) building permit cancellations. to John F. Soave, Inc. B. TRANSPORTATION SERVICES 1) Item continued from April 22, 2003 BCC Meeting and is further continued indefinitely. Recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow and letter of credit as set forth in agreement. All matters pertain to the land acquisition and construction of a roadway on the property conditionally accepted by 9 May 13, 2003 the County for construction by private parties of Whippoorwill Lane. 2) Approval of the design and purchase of bus stop shelters and accessories and the proposed locations for the Orange and Green Routes of the Collier Area Transit (CAT). Bid awarded to Contract Connection Inc. 3) Approve a revised right -of -way permit and inspection fee schedule for the Transportation Operations Department. Resolution 2003 -170 4) Approve selection committee ranking of firms for contract negotiations for RFP 03 -3465 "Annual Contract for Traffic Engineering Consultant Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). Firms: TEI Engineers and Planners, Carter & Burgess, Inc., T.Y. Lin International, WilsonMiller, Inc., and TBE Group, Inc. 5) Recommendation to award Bid #03 -3440 — Annual Contract for Television Inspection and Desilting of Storm Sewer Collection Systems for the approximate annual amount of $50,000. to Shenandoah Construction (primary vendor) and American Power Rodding Corp. (secondary vendor) 6) Recommendation to award Bid #03 -3491 — Annual Contract for Retention Pond Mowing and Litter Removal for the approximate annual amount of $19,000. to Hines Landscape Services (primary vendor) and Southern Services (secondary vendor). 7) Award a construction contract in the amount of $1,592,715.30 to Thomas Marine Construction Inc., and allocate $150,000.00 (10% of the construction cost) for contingency purposes to construct the proposed Lakeland Avenue Bridge and Roadway Construction Project, from Piper Boulevard to Immokalee Road, Project No. 66042, Bid No. 03 -3492. C. PUBLIC UTILITIES 10 May 13, 2003 1) Ratify the emergency purchase of parts and service from original equipment installation contractor for Degasifier Tower #1 at the North County Regional Water Treatment Plant. from Technical Treatment Services, Inc. (Emergency Purchase Order #4500008891) 2) Approve Florida Department of Environmental Protection Certification of Financial Responsibility Form, for the South County Water Reclamation Facility Injection Well, Project 73154. 3) Approval of one (1) impact fee refund request for Penny S. DiRocco totaling $2,690. Moved to Item #10D 4) Approve Work Order #MP- FT- 03 -02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc., under Contract #00 -3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. 5) Declare the Naples Landfill fan based odor control system surplus and recommend the most equitable method of disposal. sale of system through County Auction or Surplus Bid as recommended by Professional Services, Inc. (PSI) 6) Approval to piggyback on request for Letters of Interest Number 090297RB from Broward County for annual security services from Wackenhut Corporation at the South County Regional Water Treatment Plant in the estimated amount of $75,000. 7) Approval of a budget amendment for costs related to the restructuring of the administrative function of the Public Utilities Engineering Department and equipment required to support expanding capital improvement programs in the amount of $43,900. 8) Approval of a budget amendment for costs related to the hiring of a Solid Waste Project Manager, and reimbursement of those expenses from Solid Waste Disposal Fund 470 to County Water /Sewer Operating Fund 408 in the amount of $35,000. 11 May 13, 2003 D. PUBLIC SERVICES 1) Adopt a resolution appointing officers to the Collier County Agricultural Fair and Exposition, Inc. Board of Directors for 2003- 2004. Resolution 2003 -171 Re: appointing Raymond Holland — President, Don Jolly — Vice President, Jennifer Ward — Secretary, John Yonkosky — Treasurer, Dan Rapacz — Education, Jim Mansberger — Security, Duane Wheeler — Civic, Holly Chernoff — Attorney, Mark Creel — Agriculture 2) Approve a limited use license agreement between the Board of County Commissioners and Southern Extreme Water Ski Team, using a specified County -owned property for conducting a water ski tournament June 20 -22, 2003 at Sugden Regional Park. and the Sarasota Ski -Rees Water Ski Show Team, Inc. 3) Approve a request to apply for two Florida Communities Trust Florida Forever Grants, one in the amount of $1,909,200 reimbursement for the purchase of the Barefoot Beach Outparcel and one in the amount of $1,100,000 reimbursement for the purchase of mitigation lands for the Lely Area Stormwater Improvement Project. Continued Indefinitely 4) Approve the donation agreement from David W. Fisher and Kay J. Britt, as successor trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,300. 5) Approve the Older Americans Act Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida Inc., D /B /A Senior Solutions of Southwest Florida. As the Contract associated with this executive summary is well over 50 pages, a copy is available at the Human Services Department and will be provided upon request. 6) Obtain Board approval to reject Bid No. 02 -3414 and to award Bid No. 03 -3478 "Tee Shirts" to T -Shirt Express in an amount not to exceed $45,000. -to assist the Parks and Recreation Department program needs 12 May 13, 2003 7) Approve a license agreement with the Marco Island Historical Society to designate land for a future museum on Marco Island. -a five -year commitment to set aside the property for a museum (w /an additional two -year renewal clause) 8) Approve an agreement with the Tradewinds Foundation to fund an accessible boating program at County parks. -at Sugden Regional Park (w /anticipated excess revenue in the amount of $14,000) w /services offered to disabled and disadvantaged persons E. ADMINISTRATIVE SERVICES 1) Approval of a building naming policy which would allow for the special naming and dedication of county -owned buildings, structures and /or other facilities. 2) Obtain Board approval to award Bid No. 03 -3408 " Herbicides /Pesticides /Fungicides" to multiple vendors. -to various firms and costs as detailed in the Executive Summary 3) Recommendation to award Bid No. 03 -3495, Concrete /Pavement Contractor (estimated value $50,000). - awarded to BQ Concrete, Cougar Contracting Specialties, Timo Brothers, Inc., and Neubert Construction Service 4) Approval of a lease agreement with Congressman Mario Diaz - Balart for use of County -owned office space for two years at a total revenue of $20.00. Resolution 2003 -172 - within the Golden Gate City Government Satellite Office Building located at 4715 Golden Gate Parkway (Term: November 5, 2002 to November 4, 2004, w /renewal option pending re- election) 5) Approval of a lease agreement with State Representative Dudley Goodlette for the continued use of his office space for two years at a total revenue of $20.00. Resolution 2003 -173 - located on the second floor of the W. Harmon Turner Building on the grounds of the Collier County 13 May 13, 2003 Government Complex at: 3301 E. Tamiami Trail, Naples, Florida 34112; (Term: Lease to expire November 2, 2004, w /renewal option pending re- election) 6) Recommendation to award Bid No. 03- 3475R, Temporary Labor Contract (estimated value $350,000.00). - awarded to Able Body Labor, Manpower Temporary Services, and Personnel Services 7) Approve selection committees recommended short list of architects for RFP 03 -3489, the addition, design and renovations to the Golden Gate Library at 4898 Coronado Parkway. - firms: Barany Schmitt Summers Weaver and Partners, Inc., Schenkel Shultz Architecture, and Erickson Herscoe De Stefano; begin contract negotiations w /Barany Schmitt summers Weaver and Partners, Incorporated 8) Item continued from April 22, 2003 BCC Meeting. Recommendation to award Bid No. 03 -3468, Pump and Motor Repair for County -wide equipment maintenance to Naples Armature as primary awardee and Horvath Electric as secondary awardee in the estimated annual amount of $300,000. 9) Approve budget amendment to increase appropriations and associated revenues for operating costs in Fleet Management Fund (52 1) in the amount of $197,000 for repair parts and outside vendors, and $349,400 for fuel; and approve a $32,000 increase in appropriations for personnel overtime, with a matching decrease in appropriated capital expenditures. 10) Approve selection committee ranking of firms for contract negotiations for RFP 03 -3497 "Auditing Services for Collier County" (estimated dollar amount of contract $215,500). - awarded to KPMG 11) Approve purchase of six (6) medium -duty replacement advanced life support "Medicmaster" ambulances from American LaFrance Corporation using Palm Beach County Bid #02- 195 /CB, and purchase of radios and data recorders for the ambulances under separate bids. 14 May 13, 2003 Withdrawn ($815,460.00) 12) Approve amendments to Contracts #01 -3289, #01 -3290, #01 -3292, #00 -3119 and #00 -3184 to adjust contract time provisions and fee schedules respectively. -as detailed in the Executive Summary 13) Recommendation to clarify current purchasing policy regarding the accumulation and subsequent release of contractor retainage. Resolution 2003 -174 14) Request approval of a First Amendment to Lease Agreement with Abbas Ahrabi Ash for building utilized by the Property Appraiser's Offices. F. COUNTY MANAGER 1) Recognize and appropriate $3,799 in additional revenue from a Florida Department of Community Affairs State and Local Assistance (SLA) Grant and approve the necessary budget amendment. -to increase FY 03 Emergency Management General Fund (001) G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Authorize the County Attorney's office to make a business damage offer to settle a claim for business damages by Fogg's Nursery and Mulch Supply Inc., associated with the acquisition of Parcel 112 in the Lawsuit styled Collier County v. Norma E. Banas, et al, Case No. 15 May 13, 2003 02- 5137 -CA (Immokalee Road Project #60018). - $135,400 to be deposited into the Court Registry 2) Authorize the County Attorney's office to accept an Offer of Judgment from Respondent, John A. Pulling Jr., Trustee, to settle a claim for business damages in connection with the acquisition of Parcel 104 in the Lawsuit styled Collier County v. John A. Pulling, Jr., et al, Case No. 02- 1908 -CA (Livingston Road Project #62071). -in the amount of $73,000.00 3) Approve the stipulated final judgment relative to the acquisition of Parcels 102 and 702 in the lawsuit styled Collier County v. Marian H. Gerace, as Successor Trustee, et al, Pine Ridge Road Project No. 60111. - $3724.00 to be deposited into the Court Registry 4) That the Board of County Commissioners execute a cancellation of mortgage to release a third mortgage recorded at O.R. Book 2577, Page 3248 of the Official Records of Collier County, Florida. -for property located at Lot 12, Block 12, Naples Manor, Unit No. 1 5) Approval of settlement agreement and mutual release involving litigation in Aston Gardens at Pelican Marsh v. Collier County, Case No. 03- 595 -CA in the Circuit Court of the Twentieth Judicial Court. -in the amount of $39,696.00 6) Approval of settlement agreement and mutual release for previously unpaid educational, road, community and regional parks and library impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms. -in the amount of $45,000.00 7) Request for the Board of County Commissioners to provide direction to the Office of the County Attorney regarding settlement negotiations in Terracina, LLC v. Collier County, Case No. 02- 4440 -CA, now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. 16 May 13, 2003 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 QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUD -02 -AR -2240, Mr. Donald Pickworth, representing Centex Homes, requesting a rezone from "PUD" Planned Unit Development to a new Planned Unit Development (PUD) for the purpose of amending the Twelve Lakes PUD in order to revise the PUD document references and to update the master plan for property located on the north side of Davis Boulevard (SR 84) and the south side of Radio Road (CR -856) in Section 4, Township 50 South, Range 26 East. Ordinance 2003 -20 w /stipulations B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU -02 -AR -3486, Vincent Cautero of Coastal Engineering Consultants Inc., representing Collier County Government requesting Conditional Use "26" in the "A" Agricultural Zoning District per Section 2.2.2.3.26 of the Collier County Land Development Code allowing for a Government office building for property located on the northwest corner of Orange Blossom Drive and Airport- Pulling Road (CR 31) in Section 2, Township 49 south, Range 25 east, Collier County, Florida. Resolution 2003 -175 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ- 2002 -AR -3160, Robert L. Duane, of Hole Montes Inc., representing Benderson Development 17 May 13, 2003 Co., requesting a rezone from "A" Rural Agricultural to "C -3" for parking and infrastructure only, for property located east of Donovan Center PUD on the south side of Immokalee Road in Section 30, Township 48 south, Range 26 east, Collier County, Florida, consisting of 0.44+ acres. Ordinance 2003 -21 w /stipulations D. To approve the recommended amendments to the Collier County Community Automated External Defibrillator Ordinance 98 -36. Ordinance 2003 -22 WASEMAW11" 9121 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 18 May 13, 2003 P2 A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING May 13, 2003 Item 16(A)8 correction: Under "Considerations" in the third paragraph, the text reads Fire Steering Committee and should read Fire Service Steering Committee. Move item 16(C)4 to 10D: Approve Work Order #MP- FT- 03 -02, for Municipal Solid Waste Processing and Gasification Project Negotiations to Malcolm Pirnie, Inc., under Contract #00 -3119, Fixed Term Utilities Engineering Services, in the amount of $232,960. (Commissioner Coletta request.) Continue item 16(D)4 indefinitely: Approve the donation agreement from David W. Fisher and Kay J. Britt, as successor trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,300. (Staff request.) Withdraw item 16(E)14: Request approval of a First Amendment to Lease Agreement with Abbas Ahrabi Asli for building utilized by the Property Appraiser's offices. (Staff request.) Time Certain Items: Item 10(A) to be heard at 10:00 a.m. Recommendation to confirm the appointment of Ms. Len Golden Price to the position of Administrative Services Administrator. Item 12(A) to be heard at 12:00 noon: Closed Attorney - Client Session pursuant to Section 286.011 (8), Fla, Stat., to discuss settlement negotiation issues in Terracina, LLC v. Collier County, Case No. 02- 4440- CA- HAYES, now pending in the Circuit Court, Naples, Florida. Items 13 (A)(B)(C)(D) to be heard immediately after Proclamations. PROCLAMA TION WHEREAS, boating is a major recreational activity of Collier County, and, WHEREAS, boating is enjoyed by citizens of all ages, and, WHEREAS, boating is participated by residents and visitors alike; and, WHEREAS, boating is deserving the attention of safety on the water; and, WHEREAS, boating is enhanced by the practice of safety on the water; and, WHEREAS, boating in a safe manner benefits everyone; and, WHEREAS, it is appropriate to recognize the value of safe boating education by designating Collier County Safe Boating Week. NOW THEREFORE, be it proc /aimied by the Board of County Commissioners of DONE AND ORDERED THIS 13th Day of May, 2003 ATTEST: DWIG BROCK, CLERK 6 VAMY.V FLG tN6, CHA 0 PROCLAMA TION 1 WHEREAS, the travel and tourism industry supports the vital interests of Collier County, Florida and the United States, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and, WHEREAS, travel and tourism ranks as the number one industry in Collier County and in Florida in terms of revenues generated, and, WHEREAS, 1.3 million visitors contributed nearly $1 billion dollars to the economy of Collier County in 20102; and, WHEREAS, those visitors to Collier County provided 17, 540 direct jobs to the economy of our area, and, WHEREAS, as people throughout the world become more aware of the outstanding beaches, golf, shopping, restaurants, and natural, historical and cul ural,r s c e uvailab/e in Collier County, travel and tourism w/l/ becomie ark %rtcasingl, important aspect in the lives of our± citizen�s.� y..� �a DONE AND ORDERED THIS 13th Day of May, 2403. BOARD OF COUNTY COLLIER COUNTY, l TOM HENNIN6, 0 P4 C PROCLAMATION WHEREAS, the problems of crime touch all segments of our society and can undermine and erode the moral and economic strengths of our communities; and, WHEREAS, we are fortunate that law enforcement officers from all area agencies dedicate themselves to preserving law and order and the public's safety; and, WHEREAS, we recognize that the men and women in law enforcement risk their lives on a daily basis to protect our citizens and maintain social order; and, WHEREAS, we encourage all citizens to pause to recognize our law enforcement officers so that we may not take their work for granted. n am�z . NOW THEREFORE, be of Collier. all lawn DONE AND 1. tiCounty Commissioners - 0- pleasure in honoring its1h ina services and 15 ATTEST: s*10 E. BROC , CLERK TOM HENNING, CH41ERMAN citizenship. 4D Proclamation For Mq jor Pat Mullen WHEREAS, Mq jor Pat Mullen was a distinguished member of the Collier County Sheriff's Office from September, 1977 until his passing in November, 2002; and, WHEREAS, in the early years of his law enforcement career, Mq jor Mullen was a positive role model for thousands of Collier County's youth in his capacity as a Youth Relations Deputy, dedicating many hours of his own time with the ' Junior Deputy League; and, DONE AND ORDERED ATTEST DWI6 E. BROOK, CLERK 3 -, Rh BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENA1=49, ,.4E PROCLAMATION WHEREAS, we the citizens of the State of Florida and the residents of Collier County are dedicated to improving the well -being of children, youth and families by reducing teen pregnancy, and, WHEREAS, high rates of teen pregnancy burden not only teenagers but also their children, families and communities; and, WHEREAS, 4 out of 10 girls in the United States get pregnant at least once by age twenty, resulting in more than 900, 000 teen pregnancies a year, and, WHEREAS, NOW THEA DONE AND teens around the country will be asked to stop, think and take PROCLAMATION P4F WHEREAS, Immokalee Friendship House was founded in 1987 and continues to provide around - the -clock service to the people of Collier County; and, WHEREAS, the Immokalee Friendship House provides emergency relief for the hungry and homeless of Collier County and annually provides shelter for more than 1,000 homeless and serves 25,000 meals; and, WHEREAS, the Immokalee Friendship House provides a home for many services of value to the Immokalee area and to Collier County in general, including meeting sites for AA, battered women's groups, tutoring programs, job fairs and community service college spring breaks; and, WHEREAS, the Immokalee Friendship House sponsors innovative programs WHEREAS, the I, :except and an_ �k y NOW THEREFORE' of Colll be desW edicated M getting the lip House is i distinction; rs hmissioners -18,2003 and urge all citizens to visit the Immokalee Friendship House at 602 W. Main Street in Immokalee to observe the fine work they do and to support their work as volunteers and as contributors. DONE AND ORDEREDTHIS 13th Day of May, 2003 BOARD OF COVNTY COMMISSIONERS COLLIER COUNTY- IFLORSea TOM HENNINGv CH ATTEST DWISHrJE. BROCK, CLERK PROCLAMA TION P4G WHEREAS, emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, 7 days a week, and, WHEREAS, emergency medical services teams consist of emergency medical technicians, paramedics, firefighters, emergency physicians, emergency nurses, educators, first responders, administrators and others; and, WHEREAS, these emergency medical services teams serve our country with bravery and heroism and defend the Nation when called upon, and, WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illnese or igjury; and, WHEREAS, providers of as the safel WHEREAS, the WHEREAS, WHEREAS, NOW THEREFORE, be of Collier DONE AND A TEST.• 0 have traditionally served ,,system; and, f%i�; da►ly'�� #�#�� ��drvrdria /S/ �birt,�R Wnrion arraF rrro V II?Vriare use µ. ►ices syet -will help reduce whether f specialized of these costs and Commissioners 73 be designated as EMERGENCY MEDICAL SERVICES WEEK THIS 137H Day of May, 2003. BOARD OF COUNTY COLLIER hOUNTY, f TOM HENVING, �Ig 5)13103 7u- Problems Facing Emergency Services From Speed Bumps, Ramps, Lifts, and Pre -Entry Treatments Presented by Chief Donald R. Peterson, Golden Gate Fire Control & Rescue District on behalf of Fire Service Steering Committee Designed for motorists who breaK traffic- laws, especially speeders Discourage traffic along resident al "through" streets Should reduce traffic fatalities, especially among children Often installed on resu.lential streets, �r� gated Communities, apartment complexes and shopping centers Range from 2 - 4 inches or more in height Typically made of asphalt, concrete e� rubher type material Often yellcv.i or vihite with reflective markings Signs often mark location of bumps F5A A' ; t, /Ar c IW a* r�erlr�ifi Ard►AIF AW I& Slow dovrn speeding motorists Ensure the safety of residents, especially children, pedestrians and cyclists Reduce the number of potential deaths Speed bumps on puhlic roads often petitions to county or city offi ials Gated co!,?n',,rnities and developers Install them at their discretion Few counties have installation (JU06IN" Few pec�;lc -inderstand copse {u 'nc�� installation "Emergency vehicle access and response time must be considered when designing and installing traffic calming devices." Unclear if Emergency Services had input on Neighborhood Traffic Management Program (officials not listed) May be problem for emergency vehicles May create noise Drivers may speed up between humps May increase traffic on other streets Six disadvantages verses three advantages May be problern for emergency vehicles May create noise Drivers may skirt around to avoid impact May increase traffic on other streets Difficult to properly construct Eight disadvantages versus three advantages Vj L / ( \':.' ail l.�- .,, ^,l Children on bicycles or skateboards may play in traffic because bumps serve as obstacles to jump A study done in Austin, Texas says it could take as long as 425 years for one speed bump to save one child Intended to affect average daily dnver Longer the vehicle, greater the impact �� IF;. i j l i E� ,:,, �. �I 1 Chance of survival if breathing stop; severely reduced after four to six minutes because brain cells begin to die Emergency service personnel respond to three or four potential cardiac or respiratory distress calls every clay Statistics from National Motorists Association say speed bumps slow emergency response 15 seconds per bump (40 percent, up to 100 percent total) Patient care jeopardized Fires burn longer Vehicles suffer damage Emergency workers risk injury Traffic slows and backs up at bumps Newer vehicles drive over bumps faster (better suspension), requiring larger bumps to slow down Larger bumps mean even longer emergency response time Three firefighters suffered injuries while responding to emergency calls Elderly and disabled persons complain of pain going over bumps Repair of front and rear suspensicm, on emergency vehicles has increased In Golden Gate Fire's case, these repairs have been required in last three years L s it ti t. fi Liability created by longer responses that jeopardize patient treatment and increase property damage Liability based on Americans with Disabilities Act Governments, emergency service agencies potential targets of lawsuits Build, modify roads to 'it traffic capacity Increase traffic enfcrceme�it on prop ��� roads Install more lights, signs and side�d�lks If all else fails, develcp and install emergency services "?nendly" spee:J bumps, change approval process create striC guldelwes for creation Request release of liability fo< y services when bunl )s il staled Emergency services provide rapid response to save lives and property Lives depend on rapid response, an:1 speed bumps physically impede response Bumps shc,,ld be last selut1011 cons�dF�r:�d to cure traffic violations Involve enwrgency services oifinAk traffic studies and standards, especialiv when speed bumps are at issur_� Potholes are better (alminq 61vIces t)1ar' speed bums and less expeii�iv� /rC�\UCy2rCa22cd1» / .. . v< J» \ \ » . . .ym. Kr?\<9x\ '`C22»C2 �$ .y. � . .., , � - ` ^\m wAt r r b , �I \ \ \\. \ � �� � � \ \ //� \`\ ,t MOWN wo As � /� i I ) �.2 5A' ,. Transcription of handwritten letter to Chief Donald R. Peterson from Mrs. Harvey F. Niemeyer, Naples resident April 25, 2003 Dear Mr. Peterson, I was pleased to read in the paper of the concern over "speed bumps." I had a "very bad experience" on one on Sunshine Boulevard that I won't forget. I was proceeding over the one near the parkway, going slowly (as 1 hate them). I was half way when a pick -up truck came up on my right, speeding. He was going over it so fast his truck went into the air, and when it did, all kinds of dirt and stones came all over my car. It frightened me so so badly I jammed on my brakes. Then my car wouldn't get going again. I'm not familiar with trouble like that. I had to keep pumping the gas, it was stalling so much, and kept it up until I could get help to get home. Instead of more "speed bumps," just enforce the speed limits for cars in those areas that are bad. It was in a school zone where it happened. Thank God there wasn't a child nearby to get hurt. Keep up your good work. We love you "firefighters" and don't need you hurt either. Mrs. H. Niemeyer 05/07/2003 15:26 TO: ATTN: COPY: ATTN: 510 —B48 -3603 East Naples Fire Department Deputy Chief Doug Dyer, Golden Gate Fire Department Fire Chief Donald Peterson COPY CENTRAL COLLEGE PAGE 01 'e `5 fax: 1 239 774 -1782 fax: 1 239 455 -7917 FROM. Emily Wilcox, P.O. Box 5825, Berkeley, CA 94705 510 845 5065 (no fax) &AY` DATE: May 7, 2403 RE: Negative impacts of Speed Humps on Emergency Services Following up on my conversations with your administrative staff, I'm faxing a news article from England, which reports on the warning given by Sigurd Reinton, Chairman of the London Ambulance Service, regarding the increase in response times due to traffic calming and road congestion. To verify accuracy, 1 wrote to Mr. Reinton. He responded and confirmed his position. He also mentioned that the issue was included in a report published by London First, 'Getting the best from London's roads" (December 2002), which can be found online at http://Www.london-first-co.uk/publicatons/bb-1789.pdf (pdf: page 19, report page 17). Two other reports that may be of interest to your department relate to comparing the risks associated with using traffic calming to slow cars with the risks related to slowing emergency services with traffic- calming devices. The links to these reports, along with some other related information, can be found at: httpJ/w ww. digitalthreads .com/rada/slowdown.html You can access the master's thesis, 'Traffic Calming Programs and Emergency Response: A Competition of Two Public Goods ", written by Assistant Fire Chief Les Bunte (Austin. Texas) directly at: http:/Ihome.cfl.rr.com/giduskoAexts/tfe—calm.pdf and, the related, earlier analysis, "Deaths Expected from Delayed Emergency Response Due to Neighborhood Traffic Mitigation ", written by Ronald R. Bowman (Boulder, Colorado, April 3. 1997) directly at: http: // members .aol.conVraybow=rVrisk97 /eval l .html If you have any questions about these materials, you may contact me at the above mailing address or telephone number. (if you phone, please remember that California is three hours "ahead" of Florida time.) Berkeley has had a moratorium on the installation of speed humps since 1995 due to the negative impacts the devices have on both emergency response and access for people with disabilities. This is LONDON V5 27/01/03 - News and city section ; J 999 patients 'killed by speed bumps' By Joe Murphy, whltehaN Editor, Evening Standard Speed bumps are killing hundreds of Londoners each year by delaying 999 crews, the head of the ambulance service has told the Evening Standard. Measures such as road humps and traffic -light rephasing - which are supposed to improve road safety - are actually costing many more. lives than they save. Up to 800 victims of cardiac arrest die in London for every minute of delay caused - compared with a total of 300 who die in traffic accidents each year. The warning was made by Sigurd Reinton, chairman of the London Ambulance Service (LAS). He said: "For every life saved through traffic calming, more are lost because of ambulance delays." His charge calls into question the spread of devices deliberately designed to slow down the capital's cars and lorries. It also challenges Mayor Ken Livingstone's campaign to close off rat nuns and widen pedestrian zones at the expense of lanes for vehicles. Mr Reinton, a former director of management consultancy McKinsey, was brought in to raise standards at LAS three years ago and is credited with doubling the emergency response rate. However, he said life- saving improvements were being held back by the increasing number of anti -car measures. "Every time an ambulance approaches a speed hump it has to slow down to walking pace, or even slower if it is carrying a critically ill patient," he said. "A lot of smaller roads have been shut off to stop cars using them as rat runs, but it means ambulances have to join queues on other routes. 'The widening of pedestrian areas in many parts of central London has meant there is now only one lane for traffic where there used to be two. That makes it harder for ambulances to overtake and often it is impossible for cars to move to one side." London has an estimated 20,000 to 30,000 speed bumps. There are also thousands of chicanes, ramps and barriers designed to prevent speeding. However, the capital also suffers from some of the lowest survival rates for people who suffer cardiac arrest. Only two per cent of those suffering the:worst form of heart attack are revived in time, compared with 10 per cent in some other areas. Each minute of delay in an ambulance team reaching a victim reduces their chances of surviving by 10 per cent. A total of 8,000 people suffer cardiac arrest in the city each year. Another 35,000 need treatment for chest pain. Liam Fox, Conservative health spokesman and a qualified doctor, said: 'The obsession of Ken Livingstone and Transport for London with road calming measures is actually killing Londoners. There needs to be a proper balance between road safety and the effectiveness of the ambulance service. London ambulance crews are doing their utmost - but they are being hampered by the transport authorities." http: / /www.thisislondon- co.uk/tijsp/ modules / Article /print.jsp ?ite J&3091358 517103 'Speed Humps - National Motorists Association The National Motorists Association Speed Hump Flyer Page 1 of 2 3 A An NMA member made this flyer and handed it out to his neighbors when they were speed humps were being consider for his neighborhood. If you do use a similar method of spreading the word on these devices, make sure that you put your name and contact information on the bottom of the flyer. It will be seen as more credible if your neighbors know where the information is coming from. As a side note, before receiving this flyer, 80 percent of the residents favored speed humps. After receiving this flyer, only 40 percent of the residents supported these devices. THINKING OF SIGNING THAT SPEED HUMP PETITION? Here are some questions we thought you'd want the answers to. You may want to reconsider signing! Fire at your house? Well, the fire truck will eventually arrive after it makes a complete stop at each hump. Time lost at each hump will be 15 seconds. Sit tight, help will arrive — later. Relative having a heart attack? The ambulance will be there — later. Does your youngster have skates, a skateboard or a bicycle? Speed humps attract children into the street and into traffic. It's fun to jump those humps! The ambulance will be there — later! Has snow removal been a problem? If it hasn't, it probably will be. Is your house attractive? How will it look with two of those 2 1/2- feet - square "Speed Hump - 20 mph" signs (the color of this page) out in front? And those foot -wide zebra stripes on the hump? Lovely! Or maybe they won't be in front of YOUR house. Do you feel lucky? What do you think will happen to the suspension and exhaust systems on your nice car at normal, legal speeds when you cross those humps at least twice a day? Ouch! It's hard on the brakes, too. And what about your wallet? Ouch! Some vehicles, like delivery trucks and maybe your own SUV, almost have to stop at speed humps. What happens when vehicles unexpectedly stop in traffic? Back to the repair shop! Are speed humps good for the environment? No, the unnecessary slowing and accelerating they http://www.motorists.org/issues/engineering/p/Petition.htrnl 4/15/2003 Speed Humps - National Motorists Association Page 2 of 2 cause results in wasted fuel and increased air pollution. Humps can cause noise pollution, too, because some drivers who aren't happy with them will lean on the horn button. P5 A Any way you look at them, humps are a major nuisance, and drivers may indeed avoid them so that traffic increases on neighboring streets. In any case, even if you're the only one left driving on your street, you'll have the pleasure of bounding over those humps every day, again and again and again.... Next to last question: Who's paying the bill for installing or removing the humps? (Hint: It's not the county.) You are! Ouch! Have you thought about signing that petition? We hope you'll reconsider. (C) National Motorists Association, All Rights Reserved. http: / /www. motorists. org / issues /engineering/p /petition.html 4/15/2003 , PROBLEMS ASSOCIATED WITH TRAFFIC CALMING DEVICES By Kathleen Calongne Boulder, CO January, 2003 Traffic calming devices, such as speed humps and traffic circles are spreading to communities across the United States, without regard to their risks. The U.S. Department of Transportation (USDOT) has avoided the examination of the problems associated with intentionally imposing vertical and horizontal deflection on vehicles and vehicle passengers, in order to encourage the proliferation of devices on city streets. Deflection devices built to slow passenger vehicles, create even greater delays to emergency response vehicles. The longer wheel -base, stiff suspension, high vehicle weight, as well as the sensitive equipment and injured victims transported by these vehicles, requires drivers to slow almost to a stop to negotiate the devices safely. An unethical attempt has been made to silence the objections of rescue personnel to delays to emergency response by deflection devices. Fire chiefs, as city appointees, fear professional retribution and often will not voice concern until the level of risk becomes intolerable. Emergency calls are not the rare events some members of transportation and city staff would like to believe. The City of Houston, Texas for example, responds to an average of 150,000 emergency medical calls and 100,000 fire calls per year. There is an average of 250,000 deaths from sudden cardiac arrest (SCA) alone each year in the United States. American Heart Association (AHA) statistics indicate that 90% of these incidents occur outside of the hospital environment. By comparison, there are approximately 5,000 pedestrian deaths per year in the United States. Few of these occur on local neighborhood streets. A ten -year study of pedestrian deaths by the U.S. Department of Health and Human Services, 1982 - 1992 found 35% of pedestrian victims were intoxicated. National Highway Traffic Safety Administration (NHTSA) statistics, Safety Facts 2000 found similar results with intoxication on the part of 31 % of pedestrian victims. AHA statistics for SCA, show survivability is directly related to the response times of cities. For example, an AHA study in 1996 showed that Seattle with a response time of less than 7 minutes saved 30% of its SCA victims. New York, with an average response time of 12 minutes saved only 2 %. While delay from individual devices is sometimes measured, the cumulative effect of series of devices is often ignored Series of devices turn seconds of delay into minutes, as vehicles fail to regain cruising speed between the devices. Calming devices impose permanent, 24 -hour delays to emergency response, unlike traffic congestion which occurs periodically. A study conducted by the fire department of Austin, Texas, 1997, showed an increase in the travel time of ambulances of up to 100% transporting victims. Members of city councils and transportation divisions often portray delay to emergency response by calming devices as simply a tradeoff for increased safety from speeding cars. They avoid making the analysis which shows which risk is greater. Ronald Bowman, a scientist in Boulder, Colorado developed an analysis to compare these risks. The results show that even minor delay to emergency response by calming devices imposes far greater risk on the community than vehicles, speeding or not. The result of Bowman's analysis, showed a risk factor of 85 — 1 from an additional one minute of delay (predicted to result from the installation of all the devices proposed for the City of Boulder at the time) before one life might be saved by the devices -- if it can be shown that the devices do save lives. Bowman's analysis, based on the curve of survivability for victims of cardiac arrest and severe trauma (AHA) has been verified by a professional mathematician and can be viewed online at: http:// members. aol. com /raybowman/risk97 /evall.html. The Bowman analysis was applied to the City of Austin, Texas by Assistant Fire Chief, Les Bunte, with similar results. The report can be viewed online at: http: // home. cfl. rr. com /gidusko /texts/tfc_calm.pdE The results of these analyses show that deflection devices are a tradeoff of the perception of increased safety from speeding vehicles for the real risk to citizen survivability from delay to emergency response. While the Institute of Transportation Engineers' (ITE) Guidelines for the Design and Application of Speed Humps, 1997, states humps should never be placed on emergency response routes, humps and physical devices of all kinds have been installed on critical emergency response routes in cities where these projects exist. The proliferation of devices has resulted in temporary or permanent moratoriums on devices in cities such as Berkeley California, Boulder Colorado, Portland Maine and Portland Oregon. People with disabilities complain of lasting pain and injury caused by traveling over deflection devices in vehicles. Significant testimony about the physical and psychological barrier deflection devices make to access to public rights -of -way has been given to the U.S. Access Board in Washington D.C. A web site addressing the problems of the disabled with deflection devices such as speed humps, speed tables and raised crosswalks can be found at: http :www.digitalthreads.com /rada. Calming devices have been installed on streets to divide communities along racial and socioeconomic lines. The U.S. Department of Housing and Development (HUD) identified gates installed as part of a traffic calming project in Houston, Texas as discriminatory, ordering them removed. Gates were replaced with speed humps to create a similar, though less obvious, barrier between neighborhoods. While calming devices are built on the premise they will reduce accidents, a comprehensive study commissioned by the TTE and the Federal Highway Administration (FHWA) on traffic calming projects in the United States concludes: "Traffic calming in the U.S. is largely restricted to low volume residential streets. Collisions occur infrequently on such streets to begin with, and any systematic change in collision rates tends to get lost in the random variation from year to year. This limits our confidence in drawing inferences about safety impacts of traffic calming. (Traffic Calming: State of the Practice, Reid Ewing, 1999, P. 123) The USDOT defines traffic calming devices as geometric design features of the roadway, rather than traffic control devices. The USDOT recommends standards for the design and warrants for the use of devices that are approved traffic control devices in the Manual on Uniform Traffic Control Devices (MUTCD). The definition of traffic calming devices as geometric design features of the road has allowed devices to proliferate on city streets as a decision of local governments. An increase in accidents has occurred after some installations. Experimental speed humps placed on a street at a school in Portland, Maine registered an increase in accidents of 35 %. Accidents increased 100% after the installation of an experimental traffic circle in Boulder, Colorado. However, the circle in Boulder and the humps in Portland remain on the street today. People across the United States are opposing the installation of deflection devices on city streets that damage vehicles, injure vehicle passengers, increase pollution and gas consumption and delay emergency response. I have researched traffic calming projects since 1996, and have compiled my research into a 400 -page report on the "Problems Associated with Traffic Calming Devices." I offer the report to all interested individuals at my cost. The following is a summary of some of the issues addressed in my report. SUMMARY OF PROBLEMS ASSOCIATED WITH TRAFFIC CALMING DEVICES IN THE UNITED STATES By Kathleen Calongne Boulder, CO January 2003 EMERGENCY RESPONSE CONCERNS — Delay to emergency response vehicles by traffic calming devices has resulted in moratoriums as well as removal of devices in cities around the country. Fire Departments warn of the increased risk caused by the proliferation of devices once a calming project has begun. A video taped discussion by the Fire Department of Portland, OR states the department was denied participation in the implementation of Portland's calming project, and in fact was prevented by its Transportation Division from voicing concerns publicly. An analysis by Ronald Bowman of Boulder, CO shows that communities are at far greater risk from delayed emergency response by calming devices than from vehicles. The analysis, verified by a professional mathematician, can be viewed online at: http: // members. aol .com /raybowman/risk97 /evall.htm The Bowman analysis was applied to the City of Austin, TX by Assistant Fire Chief, Les Bunte with similar results. The Bunte report can be viewed online at: http://home.cfl.rr.com/gidusko/texts/tfc—calm.pdf Delay caused by humps on a street in Gaithersberg, MD may have contributed to the death of a child in a burning home. A firefighter descended into the basement of the home to rescue a child when "flashover" occurred, forcing his exit from the building. A resident of Houston, TX is brain dead after paramedics, unable to open a gate installed as part of calming project, were forced to take a longer route to the victim's home. Gates on some Houston streets have been ordered open because of concerns for emergency response. So many humps were installed in one direction on a street leading from a Houston fire station that fire trucks only turn the opposite direction out of the station, regardless of the location of the call. There are documented injuries of firefighters who have hit the roofs of their cabs, encountering speed humps unexpectedly. Some injuries have placed firefighters on temporary or permanent disability. CIVIL RIGHTS VIOLATIONS — Residents in Houston filed a complaint with HUD that gates installed as part of a calming project were used to segregate communities along racial and socioeconomic lines. HUD found the City of Houston in violation of the civil rights of its residents, ordering the gates removed. The gates were replaced with humps to effectively, though less overtly, discourage access to the neighborhoods. VIOLATION OF THE FEDERAL CLEAN AIR ACT — Funds allocated for a traffic calming experiment by the Congestion Mitigation and Air Quality (CMAQ) Program to the City of Portland, ME were rescinded when it was shown that the project of humps increased emissions by 48% without taking into consideration increased emissions from braking and acceleration required to negotiate the devices. The State of Maine has been ordered under the federal Clean Air Act to show evidence of compliance in reducing pollutants. Section 113, "Federal Enforcement," states fines including imprisonment will be levied against entities responsible for knowingly increasing the release of pollutants into the air in cities on federal notice to improve air quality. The experiment has not been removed. An Austrian study, in 1994, using a mobile exhaust fume measuring - device registered an increase in -^ vehicle emissions of ten times on streets with speed humps. 5A The Transport Research Laboratory (TRL), a research agency of the Department ofrransportation in the United Kingdom, conducted emissions tests ip 1997 on streets with road humps and found the following results as reported in TRL Report 307: "Schemes with a 75 metre hump spacing ... showed increases in CO and HC of around 70 — 80% and 70 —100% respectively, and an increase in CO2 of around 50 -60 %. No., emissions were predicted to be about 0 -20% lower after calming. " To calculate the possible effect of smoother driving after the installation of humps (without braking and acceleration) the TRL measured the change in emissions associated with moving from a constant speed of 30 mph to a constant speed of 20 mph and found the following results: CO and HC increased by 40 — 80 %, CO2 by 30 — 40% and NQ, by 20 — 30 %. A more recent study by the TRL, Report 482 in 2001, registered increases in all emission pollutants after traffic calming: For petrol catalyst vehicles: CO 59% HC S4 %, NO2,8%, CO226% The study states that speed humps created the largest increase in pollutants of all calming devices tested. VIOLATION OF THE ADA -- A moratorium on speed humps is presently in effect in Berkeley, CA because of emergency response concerns and because of complaints from the disabled community. Persons with some disabilities state the lasting pain and injury caused by deflection devices makes them virtual barriers to accessibility. The Department of Justice regulations for Title II of the Americans with Disabilities Act (ADA) define "facility" to include "roads ". Title H states an alteration to a facility must make the facility accessible and usable to the maximum extent feasible. The report, Building a True Community, 2001 by the Public Rights -of -Way Access Advisory Committee of the U.S. Access Board in Washington D.C, acknowledges significant public testimony from people with a variety of disabilities that vertical and horizontal deflection devices are not only painful, but worsen existing conditions while traveling by vehicle. The U.S. Access Board publication, Accessible Rights of Way: sidewalks street crossings other pedestrian facilities, 1999, states that drivers with disabilities report the jarring from crossing speed humps even at low speeds can be painful and dangerous, resulting in the devices being "a barrier to roadway use." Both publications suggest, in the absence of research, that entities consider other traffic calming measures. A lawsuit was filed against the City of Bethesda, MD by a disabled resident for placing speed humps on streets providing access to his home. Speed humps were removed from streets in San Diego County, CA because of problems experienced by disabled residents. A website addressing the concerns of the disabled with deflection devices can be found at: http : / /www.digitaithreads.com/rada. LIABILITY AND LAWSUITS — In August 1998, Florida Judge Robert Bennet ruled in favor of two residents of the City of Sarasota who filed suit against the city for placing devices on city streets that are not approved traffic control devices in the federal Manual on Uniform Traffic Control Devices ( MUTCD). States have adopted the MUTCD as a guide for the recommended placement and design of devices that are approved traffic control devices. Compliance with warrants for the devices provides protection from liability. The decision was overturned on appeal, on the basis that the plaintiffs did not have standing to sue, not on the merits of the ruling. The legal departments of some cities have reasoned the absence of standards and warrants for the design and use of traffic calming devices from the MUTCD indicates lack of authorization for cities to build the " ° devices on streets. Calming devices are typically marked with the yellow diamond shaped sign, recommended in the MLTTCD to warn drivers of street hazards. Cities are required to keep streets free of hazards. Drivers can injure themselves and their vehicles driving over the devices at posted speed limits. Devices are typically designed to lower speeds below posted speed limits. The legal department of Sunnyvale CA expressed concern cities could be liable not only for injury caused by a device, but for injury and property damage resulting from actions taken by drivers because of a device, such as swerving around them. Legal departments express concern cities could be liable for personal injury and property loss wherein response to an emergency situation was delayed by calming devices. CONFLICT -- It has been said that "traffic calming" has become "people calming." Even pro - calming data acknowledges the volatility of the debate. Diversion of traffic to other streets always accompanies an installation of devices. Residents who must travel over the devices are often irate about the discomfort of the devices, the increased vehicle noise from loads shifting over devices and the visual pollution of the signs and pavement markings needed to warn drivers of devices. Division and angst often remain in the neighborhood, long after an installation is complete. Kathleen Calongne CalongneK@aol.com RESOURCES M ARTICLES 5A' Reuben Castenada and Steven Gray, "Maryland Boy, 13, Dies in Fire at Friend's Sleepover," THE WASHINGTON POST, June 15, 1998 (Firefighter Stottlemeyer descends into basement to rescue child as flashover occurs forcing his exit from the home.) Jen Chaney, "Fatal fire renews speed hump debate," GAITHERSBERG GAZETTE, July 8, 1998 (Impact of delay caused by humps on street on rescue of child.) Dwight Daniels, "Encinitas protesters' parked vehicles hinder laying of speed bumps," THE SAN DIEGO UNION TRIBUNE, Aug. 13, 1998 Editorial, "Meeting air standards Maine's obligation too," PORTLAND PRESS HERALD, October 17, 1997 (Ruling of EPA) Editorial, "Street Fights," THE HOUSTON CHRONICLE, July 12, 1994 (Closures foster exclusivity rather than community.) Dan Feldstein, "Brown has 911 gate removed," THE HOUSTON CHRONICLE, August 18, 1998 ( "Closure denies emergency access.') Dan Feldstein, "Subdivision struggles with great barrier rift," THE HOUSTON CHRONICLE, February 22, 1999 Kristen Green, "It's neighbor vs. neighbor over Santee Speed bumps," THE SAN DIEGO UNION TRIBUNE, March 7, 2000 Kristen Green,- "Disabled woman wins fight to remove speed bumps on her street," THE SAN DIEGO UNION TRIBUNE, May 12, 2000 Jean- Martin Kuntscher, "Speed bumps cause ten times more air pollution," ALLIANCE INTERNATIONALE DE TOURISME, FEDERATION INTERNATIONALE DE L'AUTOMOBILE, September 6, 1994 Lisa Marshall, "Circles called hazards," THE DAILY CAMERA, Boulder CO, December 12, 1996 Paul Marston, "Humps increase exhaust fumes," UK NEWS, ELECTRONIC TELEGRAPH, January 14, 1998 Bruce Nichols, "Houston hits the brakes on speed - humps," THE HOUSTON CHRONICLE, ( "Deterrent for drivers raises worries about police, fire response. ") August 1, 1999 Amy Reinholds, "Whittier attempts mediation ...Neighbors square off on traffic issue" THE DAILY CAMERA, Boulder CO, January 21, 1997 Amy Reinholds, "Slip - sliding away at Pine St. traffic circle ", THE COLORADO DAILY, Boulder, CO, November 20, 1996 v.,;. 5 A Judith Scherr, "Berkeley's bumpy battle," BERKELEY DAILY PLANET, March 27, 2000 (Berkeley Commission on Disability takes stand against,iumps.) Mark Shanahan, "Federal government pulls funds from traffic - slowing experiment," PORTLAND PRESS HERALD, August 18, 1998 Matt Schwartz, "HUD labels Dian Street gate discriminatory, asks removal," THE HOUSTON CHRONICLE, October 15, 1998 Joanne B. Walker, "Speed bumps, tables meet legal obstacle," ST. PETERSBURG TIMES, August 1998 (Judge Bennett rules in favor of two Florida residents who filed suit against city for placing devices on streets used for traffic control which are not approved traffic control devices in the Manual on Uniform Traffic Control Devices.) John Williams, "Street Warfare" (Intersection sealing brings racism calls.) THE HOUSTON CHRONICLE, July 10, 1994 John Williams, "Probe of bias and street closings looks at use of federal money," THE HOUSTON CHRONICLE, December 16, 1994 REPORTS /PAPERS Accessible Ri ts-of Way' Sidewalks street crossings other pedestrian facilities, U.S. Architectural and Transportation Barriers Compliance Board, U.S. Access Board, November 1999. "All Vehicle VOC and NOx Emission Factors by Speed, Summer and Winter," graph provided by Ron Severence, Maine Department of Environmental Protection, :1997 An Analysis of Leadership Politics and Ethics in the Stevens Avenue Traffic Calming Project, Part III, Ethics in the Stevens Avenue Project" by Scott Landry, Scot Mattox, Sara & Celeste Vigor, May 14, 1998 (Graduate paper for Muskie Institute at University of Maine Law School) Boulder Fire Department Master Plan, Kevin Klein for City of Boulder CO, 1996 Building; a True Community Final Report, Public Rights -of -Way Access Advisory Committee, U.S. Access Board, January 10, 2001 Deaths Expected from Delayed Emergency Response Due to Neighborhood Traffic Mitigation, Ronald R. Bowman, April 3, 1997 An Evaluation of the weed Hump Program in the City of Berkeley, October 1997 (Damage to vehicles, impact on ambulance and fire services and people with disabilities.) Guidelines for the Design and Application of Speed Humps, Institute of Transportation Engineers, 1997 The Impacts of Traffic Calming_ Measures on Vehicle Exhaust Emissions, United Kingdom,Transport Research Laboratory Report 482, PG Boulter, AJ Hickman "Motor- Vehicle - Related Deaths Involving Intoxicated Pedestrians" – United States, 1982 - 1992," Morbidity and Mortality Weekly Report, Vol. 43 / No. 14 911 EmeMency Gate Review, Fire Chief Les Tyra, City of Houston Fire Department, November 17, 1998 Possible Neighborhood Traffic Calming Methods, Report to city council of Sunnyvale, CA, February 4, 1997 (Potential liability.) wed Hump/UC Plan Presentation Outline, draft report, Susan Sanderson, Transportation Planner, City of Berkeley, (Emergency response concerns from proliferation of speed humps. Humps not the tool felt they were.) 1995. Sudden Cardiac Arrest. The American Heart Association, 1996 A Survey of Traffic Calming Practices in the United States, Institute of Urban and Regional Development by Asha Weinstein and Elizabeth Deakin, University of California at Berkeley, March 1998, (Conflict in neighborhoods.) Stevens Avenue Traffic Calming Project, DeLuca - Hoffman Associates Inc., May 27, 1998, Portland, Maine (Increased accidents and pollution from traffic calming project.) Traffic Calming: State of the Practice, Reid Ewing, ITF/FHWA, 1999 Traffic Calming and vehicle emissions: A literature review, Transport Research Laboratory Report 307, United Kingdom, P. G. Boulter and D. C. Webster, 1997 FEDERAL DOCUMENTS Americans with Disabilities Act, Title II, State and Local Government, Justice regulations, 28 CFR, 35.151, "New construction and alterations." Clean Air Act, EPA, Title 1, Part A, Air Quality and Emission Limits, Sec. 113 Federal Limits Manual on Uniform Traffic Control Devices, Millennium Edition, USDOT/FHWA, 2000 Traffic Safety Facts 2000, National Highway Traffic Safety Administration, USDOT TIME TRIALS "An Analysis of Speed Hump Effects on Response Times," City of Austin, TX Fire Department, January 20, 1999 "°The Effects of Speed Humps and Traffic Circles on Responding Fire - Rescue Apparatus in Montgomery County, Maryland," Montgomery County Fire and Rescue Commission, August 1997 The Influence of Traffic Calming Devices on Fire Vehicle Travel Times," Portland Bureau of Fire, Rescue and Emergency Service, January 1996 Memorandum from Nels Tahti, Administrative Analyst, City of Roseville, CA Fire Department (Time trials on streets with series of speed humps), June 4, 1991 5A LETTERS Letter from Earl Noe, "I have disabled your car ... because you have so little regard for laws," THE BOULDER PLANET, October 9 — 15, 1996 (Opponent of devices has tires slashed.) Letter from Karen Craig, Chair, Commission on Disability, Berkeley CA to Berkeley Mayor and City Council, November 10, 1998 (Problems of the disabled with vertical deflection devices.) Letter from Special Transit of Boulder, CO to Boulder City Council, April 3, 1997 (Problems of disabled riders with vertical and horizontal deflection devices.) Letter from Steven Beningo, Division Transportation Planner, USDOT, to Commissioner John Melrose, Maine DOT, August 13, 1998, (Rescinds funds for Portland's traffic calming project because of increased emissions.) LEGAL DOCUMENTS Affidavit of Settlement for Permanent Disability for fire fighter, George Gosbee, Montgomery County, MD, 1998 (Settlement of $ 3,000 per month for life for injury sustained when hit speed hump traveling to scene of emergency.) Appellant's Brief in, Slager v. Duncan and Montgomery County MD to U.S. Court of Appeals, Fourth Circuit (Unpublished opinion, sets no precedent by rules of the court.) Final Judgment, Twelfth Circuit Court of the State of Florida, June 29, 1998 (Judge Robert B. Bennet rules in favor of Windom and Hartenstine of Sarasota, FL) Opinion of Attorney General, State of Maryland, No. 86 -021, April 2, 1986 (Potential liability.) Opinion of Thomas R. Powell, Senior Assistant City Attorney, The City of Wichita, KS April 1, 1986 (Potential liability.) OTHER Housing Discrimination Complaint, filed by Calvin Hummer, President, Meadow Walk Town Home Association, Houston TX, May 28, 1997 "°The Other Pine Intersections," Ronald Bowman, 1996 (Graph showing increase in accidents at intersections with traffic circles on Pine St., Boulder CO.) Program Application for CMAQ (Congestion Mitigation and Air Quality) funds from City of Portland, July 1994. (City agrees to remove temporary measures if CMAQ determines emissions are not lowered by project.) VIDEO 'Traffic Calming Devices," 1996, Portland Bureau of Fire, Rescue and Emergency Services, 55 SW Ash St., Portland, OR 97204 EMERGENCY VEHICLE RESPONSE TIME ADVERSELY AFFECTED Page 1 of 2 rill 1lri -- EMERGENCY VEHICLE RESPONSE TIME ADVERSELY AFFECTED The following excerpts are from "My Experience With Speed Humps" by John Clement, PE, Director of Public Works, Malibu, CA: (Edited Aug. 17, 1995) Mr. Clement supports the use of speed humps yet, in his very pro -hump article he says: In the section titled BRITISH testing he says: "It should be noted however, that the Chief Officers of the Fire Department and the ambulance service stated that their drivers had to slow down to about 10 mph when crossing each 4" hump to avoid damage to on -board equipment. Thus, they were generally against the use of the Speed Humps due to the additional delay in responding to emergencies." Then discussing the results of his (Malibu's) own test program he says: In the section titled KELLY ROAD testing: "Because of the Fire Truck's higher normal emergency speed in this area (about 35 mph) it was determined that the humps added about 40% to their emergency response time along this road by slowing their overall speed to about 20 mph. "Although there was some obvious concern for the safety of the Firemen riding on the back of the truck, they reported no difficulties as they are trained to ride 'bentkneed" to minimize the impact of normal road shocks..." Actual hump height on Kelly Road was from 3.2" to 3.4 inches. "Buses were slowed to an overall average speed of 15 mph from the normal maximum of 25 mph, therefore, their overall travel time increased by about 40 %. It should be noted that the fire trucks and buses suffered excessive jerking with loose objects being tossed about at speeds as low as 20 and 15 mph respectively although no directional stability problems were encountered." In the section titled SILAS AVENUE testing: After initial testing they reduced the height of the humps and he reports, "This necessarily resulted in shorter response times for fire trucks and buses with only a 30% and 20% increase in respective travel times." Meaning, even with the reduced size humps emergency vehicles and bus travel times are reduced by up to 30% but, this was a marked improvement over the situation with the original (Houston sized) humps. This strong supporter advocate concludes "It is clear to the author that 3 inch high Humps spaced an average of 300 feet apart represents the most ideal situation for realistic speed management on residential roads in keeping with the prima facie speed limit." Small increases in height have large effects and, Houston installs 4" humps. �.- Regarding this study the ITE (Institute of Transportation Engineers) reported: http: / /www.speedhumps.com/malibu.htm 4/29/2003 Page 1 of 3 The Evidence Is Clear 75 A The Evidence Is Clear Speed Humps Cost Lives 6y Delaying Response to Fires and Life Threatening Emergencies Fire and emergency rescue agencies oppose speed humps because they cost lives by slowing response, and causing injury to emergency workers. They also cause discomfort and potential danger to victims in ambulances rushing to hospitals. Here are a collection of links that demonstrate these problems. In critical emergencies such as heart attack, response greater then 4 minutes increase the danger sharply. Time -vs- survival plots show every second reduces the chance of survival. Emergency rescue vehicles — because of their stiffer suspension and greater weight — are slowed dramatically by speed humps. Houston responds to an average of 300,000 emergency medical calls and 100,000 fire calls per year. Any of these can be potentially life - threatening and tune- critical. Humps are installed in series. The cumulative impact of a series of humps turns seconds of delay into minutes, -- because emergency vehicles are unable to regain cruising speed between the devices. Unlike traffic congestion, which is sporadic and difficult to correct, humps deliberately cause delays to emergency response 24 -hours a day. A study performed by the Austin, Texas Fire Department shows an increase in travel time of 1001/6 for ambulances traveling over humps carrying injured victims. Emergency vehicles are faced with accepting the delays and damage caused by humps, or taking less direct routes — either choice costs time and thus lives. Montaomery County Maryland, Portland Oregon and Austin. Texas tests. "confirm speed humps .. cause considerable delays for responding fire -rescue apparatus, which can adversely impact the outcome of certain life - threatening incidents such as those involving cardiac arrest, uncontrolled bleeding, or persons trapped in burning buildings or vehicles." The Berkeley. California Fire & Emergency Services Department and, the Palo Alto Fire Department oppose speed humps. Berkeley Assistant Fire Chief says response time for ambulances is 4 minutes or less because, after 4 minutes heart attack victims can suffer brain damage from lack of oxygen so, every second of delay increases the chance of a bad outcome. Children and adult drowning or choking/blocked airway victims face the same danger. Humps will cause 85 heart attack and ememm deaths for every pedestrian saved. This assessment of the effect of emergency vehicle delays caused by Boulder Colorado's proposed Traffic Calming program is probably the most damning condemnation of speed humps yet. It's technical and difficult to read but, while tilting questionable assumptions in favor of humps, it still reaches its frightening conclusion. As an absolute best case demonstration, the author redoes his analysis, making "wildly optimistic" assumptions in http:// speedhumps .com/FireEmergency.htm 4/15/2003 Page 2 of 3 The Evidence Is Clear favor of humps —the result is still 10 deaths for every pedestrian saved. Incidentally, n;, 5A Coalition for Free Streets doubts seriously there will be any net saving of pedestrian lives, for the reasons explained in our article, The E ect o Hum s is Unknown. Since the above analysis, the City of Boulder's traffic calming program has been under moratorium for two years based on concerns about emergency response. A group of physicians and representatives of the American Lung Association and the Butte County Air Quality Board came forward to say: "Speed bumps result in an increased risk of personal injury to bicyclists and motorcyclists. They slow down emergency vehicles approximately 15 seconds per bump, where seconds can make the difference between life and death, further risking the lives of those living in the neighborhood. Local emergency organizations such as the fire department tell us'they hate speed bumps...' Here's are a few emergency department experiences. Some highlights: • Boulder's fire department tracking damage to fire trucks. • Clovis' Fire Chief says streets with humps avoided — emergency responses diverted • Eugene, Ore. fire trucks avoid streets with speed bumps. • Portland tests result in moratorium on speed humps on emergency response routes. • Sacramento firefighters injured in jolt causing seat - belted firefighters to strike heads on cab resulting in one early retirement, and one permanent disability. This Letter From a Professional Firefighter & Paramedic vividly illustrates the how speedhumps cost lives — probably lots of lives. Speed Humps Present Greatest Danger to the Ill Disabled and Aged — This personal experience from the Montgomery Gazette includes: "While already in great pain and once while the technician was attempting to insert an IV needle in my small veins, I had to suffer the bangs as the ambulance bumped over two blocks worth of humps ..." The Malibu, California Public Works Director may be the nation's foremost pro-hump public official. Yet, his own emergency service departments oppose them and, in his test report, where he presents the most positive case he can for speed humps, he admits emergency services are impaired by them and concludes, "It is clear to the author that 3 inch high Humps .. represents the most ideal situation for realistic speed management on residential roads ..." Small increases in height have large effects and, Houston humps are as much as 4 1/2" high. Here are more excerats from Malibu's pro-hump report. The Institute of Transportation Engineers recognizes problems with impacts to emergency vehicle response caused by speed humps. Say No To Traffic Obstruction This article by the National Motorists Association explains some of the REAL reasons people support speed humps and, how you can oppose them. Despite all the high blown rhetoric the true reason residents support humps is to divert traffic to somebody else's street or neighborhood. An I'm Angry Letter to the Farfax Journal Farfax Maryland http:// speedhumps .com /FireEmergency.htm 4/15/2003 Letter -Report by Berkeley, California, Fire Emergency Services Department Page 1 of 3 r5 A Letter - Report by Berkeley, California, Fire & Emergency Services Department http ://speedhumps.com/berkeley.htm 4/15/2003 Letter -Report by Berkeley, California, Fire Emergency Services Department City of Berkeley VN'� sfn� mat'dq, CA t rMw8ftVr. 9. L gates TM t110) 6444W Chief ai ti.'•nt6rt=nt FAX (SID) 644 Iff • t R }, Dat-I MAY 8, 1995 'lea st= Sattdmmp, l:ranspaerted� f'lazxr�x From** hssi=u Fide CUd abject ft ` �• Page 2 of 3 �y J 1'ha F= tx,Mcnt has grviv* t fusel draft (wcrsiw. 2) of the U4. N6$hbOth*O%U and TUMC Plan and we * apga$ed to say fu&gr irisaatiou of diverts ox qxe4 humps u a memw to cwurd troft for tine fe w NOW': 1, 'W miIfian of rise Bcdvky rvo Depactmtnt is to save live and prOWt prqpt , we am asst any Uaf& ezibmi measure wM6 vmWd slow dcwu eta =Wricy eAsPOW in uty way. T`ima is of dievew= doting any ,rxi M y, AOAtiarnil sgecd hump or divvrttTs can add winutrs to nspmfins ermsemy compauy. For ex=ple: If a PCrsua liar 1 b= &us* tl- y'have otily fOue (4) Muuites befam luk of oxygwa may cs = kmMible broin mac- ftvo m d=0 #err &nd Ambt& = cmpado is fvur trtlasutr„s or ka fmm rr apt of call to au s= anjv. Even tt addidoet of any th M (30) seconds could hive MptiVe cQUVAr=cc& h iiA CUO ImpoC$F>Zt to eve 00 $cm of A stt== fume as rnpitlly as possible- m= soo= wale: cm be &PPIkd to dw rut the less dsmago, tl= wM be Amd 9"S4414 ° Q( #fit:•. Dhav= ww qwd b=P cause memt"Y Mlm=x VebIcks tlkt alw=6VO r s knnd of ss deg the most dimes saute to iht< > MSWCjt D%94A dQA of divewn clux qnNntui W mstmd fusee the sw$C ditemct on. This is not sowd tac;6 W or s*ay. ,& AmWound Pi=dwk At f'xm dds wcvtld cauw m omu= to be imprortely ftloyed and ties used to ftir mart efad=t man=, Wh= r divmm or speed humps am iwalkd much . of ft tr f a is fcuenrle onto Other sttats. This in tum farther imrewaser war Telem=murzicaticros Devke for the leaf - 0101644 6915 F http : / /speedhumps.com/berkeley.htin 4/15/2003 .Letter- Report by Berkeley, California, Fire Emergency Services Department Page 3 of 3 05 r r crsperrtsc time W to Wmvy mf rw. Haar (Ashby M=%w is "=illy Wipmahlc foe aucrr=y VCJWI M duda; pe* Writ Wacs). 2. Fatew cm in the ambula could be tt v=t:r t prctMiS4 lueaft f, f-:d It " y daifi," At. 9 "t imposswk, W start 1 saw$ rV sdutions a lle t "frog tsar` flit s humps. lets Wi& Mvical spi m 1*dit nay btxta= fiai4w Wu )j *iWc bang aver � bumps vor . tratl`ws 0 Yv7 =4=c l S d, S. w uati ".s during Caastctsphhic tMewncift WWA4 be sev*&AY d7=W 1. Emergoaq c rav a would ltxw a very difftak time r pondictg lo tt e mcrgericy if dwm araa only om wiy is at ouu which fle4i tg divaians roar using. d. If Lhew wem t mumal aid iucideM additieuxl. diner= *Ad speed huMps Weald have 4 deW1C W df�Ct 04 =eMOKY CUM" V*6 tO COOPOOd (MM murbundiAg jurLufiedom it Coald be a "you t 't gtt there from hm " Mme+ S. Apgamw used in Fire a.41d Emagency Serum Cast. berA=n 365. O for In ambul ce to $M.OW for a acre aaW Wdcr trek,. rXiv'inga ovcr Wzd bumps c*m the fume m 9= at atvkwa d vmSk>}s and se» to sm a ft ZPPtrAW nOCdks4 . VtC2M Of this dtw 3VMUZ W XW Of e=C9CnOY v tWcles would be #horwrwtL One of ow aerial ladder wwb had to hire wdkd tcs tht fmm-- to ==Zth= frame =ember in or&r to stop a• -. s tr= &run, Tb!& wax s s Ct result of the spud humps on ley Stmt baweeo Sbaawk and Telegraph. We feti ft irmaUion of spend bumps oniVor divanm should be doe only as a Int resort. Feth" tip stop llgtu zrWor stV Aps tauld be utMud. Strap lighm or smp slim would hzK uo r4susak cut= 0% esrt nerzy Msponv— -)L, - M.ich=i J. g Atwt Fire of hLWMh T— CUM Fift Cbief o" http: / /speedhumps. com/berkeley.htrn 4/15/2003 Save My Child — Hump My Street r r Save My Child -- Hump My Street When speedhump zealots want their streets humped they conjure up imaginary images of children splattered on auto grills.. [And, local TV "reporters" eat it up.] Such irrational, emotional outbursts are the major basis of support for speedhump programs. Let's try to bring some perspective to these preposterous claims. Three pedestrians younger than15 are killed in Houston each year. (96--W data from Texas DPS Accidents Records Bureau, the last years for which we had data when this analysis was done). To be clear, this means a total of 3 children are killed on Houston's streets each year. Houston does not break this down by type of street, but Austin, Texas does. Austin's percent of deaths on residential streets is roughly 10% of total pedestrian deaths. Applying Austin's rate to Houston yields 1/3 of one child killed on Houston's residential streets each year. — that's on all residential streets in the entire city. This means: 1. If every residential street in Houston were humped end -to -end, and 2. If humps prevented every death; The most we could save is 1 child every 3 years — in all of Houston. But, all of Houston's streets aren't humped. About 600 of Houston's 48000 streets have humps, and of these, only a portion of each street is humped. It's difficult to get data from the City, so the following estimates are rough. Roughly eight - tenths of one percent (0.8 %) of Houston's residential street -miles are humped. http://www.speedhumps-com/SavingChildren.htm Page 1 of 2 4/16/2003 • Save My Child —Hump My Street Houston has the most extensive speedhump program in the nation. Yet this estimate says, at best, Houston's speedhumps can only hope to prevent about 24 ten thousandths of one death per year (0.8% of residential streets humped TIMES 0.3 children killed on residential streets annually). Said the other way'round, if you assume speedhumps could guarantee to prevent all deaths of children on all humped streets, it will take 425 years for the current program to save one child. The Coalition believes speedhumps cost lives instead of saving them - - see our article on this — but, it's obvious humps can't guarantee children's safety. For example, backing out of driveways is a common cause of child traffic deaths on residential streets. So, a breakdown of the real causes would show it will take longer than 450 years to save one child — probably much longer. Because Houston doesn't record which deaths are on residential streets, no one can make more accurate estimates, but the above estimates based on Austin's pattern are probably close, and probably typical of any large city. So, back to "Hump My Street and Save My Child." To save just one child on a particular street it would take, about 250,000 years. To save a particular family's child on that particular street would take something like 12 million years. Page 2 of 2 Endnote: As we continue to say, it's very unlikely speedhumps save any lives — for the many reasons explained in this article. But, for those who still believe humps save lives, and feel "Even one child saved in 400 years is worth any inconvenience;" they must address the fact that the lives lost from delayed fire and emergency medical response over 400 years will far -and -away exceed this imaginary one life saved. Speedhumps kill. See the clear and compelling evidence in this article. http:// www. speedhumps .com/SavingChildren.htrn 4/16/2003 AATC- Traffic calming risks- Traffic humps decared illegal road obstructions Page 1 of 2 AMERICANS FOR TRAFFIC CALMING REFORM [Back to AA TC ] 5 H humperkio com Remember no one is asldng for an end to traffic calming, just TC reform. You be the judge. August 28, 1998 from The Atlanta Journal-Constitution Legality, efficiency of speed bumps are debated by Joey Ledford Griffin's city attorney is not alone in his belief that speed humps are illegal traffic obstructions. A judge in Sarasota, Fla., has issued a ruling that the devices designed to slow traffic in residential areas are not legal traffic control devices because they are not specified as such in the federal Manual on Uniform Traffic Control Devices. In Griffin, City Attorney Drew Whalen recommended to the City Commission last month that it remove speed humps from three streets in the Spalding County seat. Not only are speed humps not cited in the federal manual, which is also Georgia's traffic bible, but they also pose liability problems should they cause accidents or damage vehicles, Whalen said. The commission took his advice, ripping out the humps. Not coincidentally, the state Department of Transportation earlier had told city officials its policy is to not allow state funds to be used to repave any street with speed humps. DOT officials have not, however, gone so far as to say humps are illegal, just inappropriate for streets paved with state money. "We just don't view speed humps as a deterrent to speeding," said Harold Lmnenkohl, slow executive assistant to DOT Commissioner Wayne Shackelford. "Certainly people down when they get to the speed hump. But what we've seen is that they speed up between them .. (a th rt hindrance to emergency vehicles. But Sarasota ty Circuit Judge Robert took that extra step in June in the Sunshine State, agreeing with two Sarasota residents who claimed in a lawsuit that the city's plan to install humps near a hospital was illegal. "Our state statute adopts the federal manual and says that traffic control devices must be in http: / /Www.io.com/ -- bumper /ada0023.hun 4/16/2003 AATC - Traffic calming risks- Traffic humps decared illegal road obstructions Page 2 of 2 accordance with the federal manual," r1 Bennett said in an interview. "The federal manual has no provision for speed bumps. That's the bottom line for the ruling." Bennett's ruling applies only to the city of Sarasota but has resulted in Sarasota County's halting its speed hump program. could The city has appealed to Florida's 2nd District Court s� a could be months away. Bennett, a spread the impact of the decision to other parts of the former criminal and juvenile court judge, said the decision has "stirred up more emotion" than any case he's ever had, including death penalty cases. The basis of Bennett's ruling is erroneous, argues Martin Bretherton, Gwinnett County's traffic studies engineer, because speed humps are not a traffic control device. "It's part of the actual road design," said Bretherton. "They are not signs, nor signals. They are not construction signs or markings," which are all traffic control devices. Bennett disagrees. "By statutory definition, the speed bump is a traffic control device because they are intended to regulate speed and volume," said the judge. George Pilkington, Atlanta -based principal engineer of Pilkington Engineering, believes that the DOT policy not to pave streets with speed humps has had the effect of declaring humps illegal in Georgia. That has occurred, he said, because DOT is "the interpreter of the (federal manual) in Georgia." And, he added, "That book is law." But Linnenkohl said that is not DOT's intent "We're certainly not going to say that they are illegal or people can't put them in," he said. "We'd just rather not put our funding into them. We are in the business of trying to move traffic, not stop it like that." So it would appear speed humps remain legal in Georgia until someone sues to ban them, and even then it would take a judge who agrees with Bennett before that could happen. http: / /Www.io.com/- bumper /ada0023.htrn 4/16/2003 i lk r i Table 7.1. Emergency Service Department Positions on yaKc Calming. Community Fire and Emergency Medical Service Departments Police Department Austin,TX Escalated its opposition to traffic calming— In favor of humps — receptive to agreed to 2 years of new hump installations other measures as yet untested Bellevue, WA Negotiating new emergency routes with Supportive generally —humps limitations on measures permitted on each route and other self- enforcing measures — oppose use of humps and circles on slopes reduce manpower needs where emergency vehicles have trouble accelerating Berkeley, CA Forced moratorium on humps until program No stated position or neutral could be fully evaluated— evaluation ongoing — oppose diverters to lesser extent than humps Boulder, CO Forced virtual moratorium on physical No stated position or neutral measures — opposed to humps, circles, and 'anything else that is effective'— experi- menting instead with emergency-response- neutral measures Charlotte, NC Concerned about humps on collectors— No stated position or neutral fire chief publicly neutral despite opposition from firefighters Dayton, OH Publicly neutral due to a supportive city Supportive generally — instrumental administration— prefer circles to humps in street closures to fight crime Eugene, OR Opposed to speed humps — favored No stated position or neutral midblock deflector island over chicane on street next to fire station, and then insisted on design that rendered measure ineffective Ft. Lauderdale, FL Opposed to humps — opposition expressed In favor of humps to discourage in survey letter at time of neighborhood speeding —in favor of street closures vote on measures to fight crime Gainesville, FL Opposed to any measure that slows response— In favor of access restrictions to mollified if measures are kept off collectors fight crime— opposed to measures and arterials such as semi - diverters that require police enforcement Gwinnett County, GA Publicly neutral toward 22 -foot tables In favor of tables to discourage speeding Howard County, MD Neutral as long as kept off primary response In favor of humps and other self - routes —lack of opposition to traffic calming enforcing measures to discourage may be related to use of 22 -foot tables speeding on residential collectors Montgomery County, Opposed to vertical measures, particularly In favor of humps MD standard 12 -foot humps Chapter 7: Emergency Response Concerns • 139 Table 7.1. Emergency Service Department Positions on traffic Calming (continued). Community Fire and Emergency Medical Service Departments Police Department Phoenix, AZ Opposed to humps and diagonal diverters— Against arty measure that increases neutral toward partial closures— cannot stop workload, particularly turn hump installations under neighborhood- initiated restrictions process Portland, OR Previously opposed to humps and anything In favor of circles as *DUI (driving else that slowed response — neutral now under the influence) catchers" that emergency response grid has been negotiated San Diego, CA Opposed to any physical measure on Neutral emergency response routes San Jose, CA Neutral No stated position or neutral Sarasota, FL Initially opposed to humps on collectors— Initially opposed to humps but now supportive since completed emergency in favor of them —still opposed to response study one -lane chokers, which are due to be removed Seattle, WA Initially concerned about diagonal diverters No stated position or neutral and closures — neutral since these have been supplanted by other measures Tallahassee FL Neutral In favor of humps to discourage speeding West Palm Beach, FL Neutral -to- supportive due to safety benefits In favor of more measures to of traffic calming discourage speeding and more closures to fight crime — latter now precluded by city policy Figure 7.1. Traffic - Calmed collector. (Portland, OR) 140 " Traffic Calming: State of the Practice 5 Nearly all problem local streets are once again eligible for the full array of traffic calming measures (see table 7.2). In theory, most residential collectors are also eligible again, though the fate of the Neighborhood Collector Program is uncertain. At least for the next 2 years, the city council has provided no funding for traffic calming measures be- cause of a budget shortfall. Emergency Response Times Even though the public purposes pursued by traffic and fire officials are all legitimate, the debate between propo- nents of traffic calming and providers of emergency ser- vices can be intense. At the height of discord in one fea- Editorial: Speed bumps Site sections... Front page i Classified I GoShopNaples Persp4ectima I N.'aple U41 Mews ® l4 .10 Perspective front i Perspective archive i hell) Editorial: Speed bumps Rescuers deserve our ear Saturday, May 3, 2003 The Naples Daily News Growth pains in Southwest Florida are, well, growing. We see road plans aimed at accommodating growth colliding with entrenched development. We see residential neighbors complaining about established noise generators as obvious as a gun target range. Now we see one of the most basic conflicts of all, that of fire trucks and ambulances vs. speed bumps. The concerns come from professional rescuers themselves. The source tells us to take the concerns seriously. These rescuers harbor only one agenda — getting where their help is needed, as quickly as possible. That calls for a swift yet thorough review of speed bumps already installed on public and private roads. Get rid of them where speed limits and enforcement ought to suffice. Elsewhere, ask whether more gently sloped or even rubberized bumps would do the same job as subtle reminders rather than chassis destroyers. When there is a fire, crime or health emergency, citizens want the same thing as the responding pros — quick relief. Those responders should not have to face obstacle courses. Collier County rescuers' warning ought to be sufficient word to the wise. ® E -mail this story to a friend. Format this story for printing. Search our archive for related stories: advanced search Navigation: Page 1 of 4 T' 4 I I 1 l I CAN DRIVE IT, IYWOIJY�00%4 N F IND IT HERE h4: / /www.naplesnews.com /03 /05 /perspective /d92693 I a.htm 5/9/2003 naplesnews.com I Printed story Page 1 of 2 P5 A TEST To print this page, select File then Print from your browser. URL: http://www.napiesnews-cOrrJO3105/ rs ctiveld936340a.htm r Persp��tive 1 les ci i; Wwalls ® 8 Perspective front I Perspective archive I heiP Guest com menta �'3' : Remove bumps, and bump up enforcement Sunday, May 4, 2003 By ANDY MII.oT, Special to the Daily News I read with interest about your ongoing debate over the installation of speed bumps. I am a former fire lieutenant of 18 years here in Oldsmar, Fla. I am a master emergency vehicle technician and owner of an independent maintenance company which services all makes of vehicles from automobiles to the largest fire apparatus. My mechanical and professional experience forces me to strongly side with the crews that are charged with protecting life and property in your district. Over the years among the full range of calls I have been tasked with responding to I have also responded to vehicle accidents caused by speed bumps, where the errant driver, bent on speeding, lost control. I have witnessed (and repaired) the damage caused to the heavy vehicle axles and springs from attempts to pass over the bumps at higher speeds. I even responded to calls where there could have been moments saved had it not been for speed bumps en route, when the patient we were responding to was not breathing. One subdivision removed its bumps following an injury accident that was found to be aggravated by a speed bump. True, many drivers slow for the bumps. Unfortunately, my experience has been that the worse offenders find that hitting the bumps at a higher rate of speed minimizes the "up and down" effect that the designers intended and, as a result, go just as fast over them. My answer to high -speed drivers has always been strong enforcement and good street design. The problem is and always has been the inconsiderate and unsafe driver. Giving him or her a few costly tickets serves volumes in "educating" against speeding and dangerous driving. The cost incurred in the purchase and construction of the bumps can be more effectively offset by paying a patrolman to monitor the streets and gaining compensation from the tickets issued. ® E -mail this story to a friend. http: / /cfapps. naplesnews .com /sendlink/printthis.cfm 5/9/2003 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS P7A To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person. "/ ii�iC �` ? n Date: Petition No. (If none, give brief description): VA- 2002 -AR -3379, Aquatic Architechs, Inc. Petitioner: (Name & Address): Aquatic Architechs, 1910 J & C Blvd., Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: Kris & Jodi Anderson, 349 Wimbledon Lane, Berkshire Lakes, Nal FL 34116 Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date:April 8, 2003. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: VA- 2002 -AR -3379, Aquatic Architechs, Inc., representing Kri; and Jodi Anderson, requesting a 1.8 -foot variance from the required 10 -foot rear yard setback for property located at 349 Wimbledon Lane, further described as Lot 39, Block B, Berkshire Lakes Unit 1, Section 32, Township 49 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 0 No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 R� eyiewed by: Approved by: d � -t � d*103 Departme t ead Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request fo same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute copies: 0 County Manager agenda file: to D Requesting Division 0 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: ZtZ6103 Date of Public hearing: y 18 /03 Date Advertised: 3/23/03 RESOLUTION NO. 03— F7-A A RESOLUTION RELATING TO PETITION NUMBER VA- 2002 -AR -3379, FOR AN AFTER- THE -FACT VARIANCE 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, pursuant thereto the County, has adopted a Land Development Code (Ordinance No. 91 -102 as amended) establishing 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 constituted Board of the area hereby affected, has held a duly noticed public hearing , and has considered the advisability of a 1.8 —foot variance from the required 10 -foot rear yard setback to allow a setback of 8.2 feet for the accessory use, and a 0.2- foot vaiance from the required 25- foot rear yard setback to allow a setback of 24.8 feet for the principal structure as shown on the attached plot plan, Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations and by Section 2.7.5 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition VA- 2002 -AR -3379 filed by Aquatic Architechs, representing Kristopher and Jody Anderson, with respect to the property hereinafter described as: Lot 39, Block B, Berkshire Lakes Unit 1, Section 32, Township 49 South, Range 26 EAst, Collier County, Florida, be and the same hereby is approved for a 1.8 foot variance from the required rear yard setback, and public utility and drainage easement of ten feet (10') set forth in Section 2.6.2.1 of the Land Development Code, Ordinance No. 91 -102 as amended, to allow a set back of 8.2 feet to the accessory structure , and a 0.2 foot variance from the required rear yard setback of twent -five feet (25') set forth in Section 3.04.03 of the Berkshire Lakes PUD, Ordinance No. 83 -46, to allow a setback of 24.8 feet to the principal structure as shown on the attached plot plan, Exhibit "A," subject to the conditions set forth on attached Exhibit "B." _rF A BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002 -AR -3379 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: I Aa4-4 Patrick G. White Assistant County Attorney VA- 2002- AR- 3379/MD day of , 2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN "AS fok POOL DECK _rte FIR 5/8' LB 43 7A STREET ADDRESS, 349 WIMBLEDON LANE LAKE TRACT 'I' NAPLES, FLORIDA (DRAINAGE EASEMENT) 15' MAINTENANCE _�- EASEMENT 92 l e� FIR 5/8' `- Z5 2 -%-- -- _� -7 LB 43 18 34.6' 10' PU b DE T ` ' BCa?£EtP. LOT 39 r� POOL BLOCK B' LOT 38 27.6 - 8T n O � O O v 3 � � o M o Iw Ui in O Zs Its O Z SCALE V = 30' 2.7' 4--1 UTS RIGHT OF VA Y1 BAS FIR 5/8' LB 43 EDGE OF PAVEMEN.T-A, LEGAL DESCRIPTION : FIR 5, FO 43 CENT£RLINE I I J VIMBL 60' ROW ! FOUND ,..,, PCP F043 16,66 �M- * LOT 39, BLOCK B, BERKSHIRE LAKES, UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 118 THROUGH 120, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CERTIFIED TO : KRISTOPHER A ANDERSON AND JUDY M. ANDERSONI A 60 0 7 15 30 GRAPHIC SCALE FLOOD ZONE : 'X' COMMUNITY PANEL 120067 -0415D DATED : 06 -03 -86 CERTIFICATION : I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS NOTEi THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL IN COMPLIANCE WITH F.A.C. LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE 61G17- 6.0031 (5) (E) (IF LOCATION OF CODE, SUANI TOSECTION 472.027, FLORIDA STATUTES. EASEMENTS RIGHT-OF-WAY OF ON RECORD PLAT, ISD, �// - - - -_ ��j� J -- REQUIRED, THIS INFORMATION MUST BE BY : I,c _ _- SURVEY DATE FURNISHED TO THE SURVEYOR AND MAPPER. �P, �� D, P: S a9 CLINTON V FINSTAD, PIS #2453 1EFFRY H. HILLIGOSS, PLS X14488 N MACDONALD, #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOT VALID WITHOUT SURVEYORS SIGNATURE AND EMBOSSED SEAL SURVEY IS VAUD FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES do ABBREVIATIONS. 6561 TAYLOR ROAD, SUITE i REVISIONS NAPLES, FLORIDA 34109 F.L.A. SURVEYS CORP. 941 -598 -5936 FAX 598 -5939 P OFESSIONAL LAND SURVEYORS & MAPPERS —LB 6569 12730 NEW BRITTANY BLVD. PROJECT NO M FT. MYERS, FLORIDA 33907 _ 941 - 275 -8660 FAX 275 -3367 01 -1892 Exhibit "A" — SCREENED h � LOT 40 SINGLE STORY M �' CONC BLOCK 6 STUCCO RESIDENCE 59 . h °1 ti Curve number 1 1a1'ki a o -------- - - - - -- 4.9'M 77' of Radius= 230.00 3.5' 3.11 Delta= 2070'00' 15. 4.01 �s` y Arc= 81.62 Cb Tangent= 41.25 (i Chord= 81.20 ' Chord Brg. S.84'5532E. (P) o ,'`r N84'55'32'W. 84.24' (M) CONC DRIVE / ti Curve number 2 (-i ------- - - -- - -- Radius= 370.00 6 .2 Delta= 20'20 00' Arc= 131.31 Tangent= 66.35 Chord= 130.62 ' Chord Brg. S.84.55'32E. (P) I S.84.53'38 E 130.62' (M) (1) 10' PU b DE LP TVR VB FIR 5, FO 43 CENT£RLINE I I J VIMBL 60' ROW ! FOUND ,..,, PCP F043 16,66 �M- * LOT 39, BLOCK B, BERKSHIRE LAKES, UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 118 THROUGH 120, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CERTIFIED TO : KRISTOPHER A ANDERSON AND JUDY M. ANDERSONI A 60 0 7 15 30 GRAPHIC SCALE FLOOD ZONE : 'X' COMMUNITY PANEL 120067 -0415D DATED : 06 -03 -86 CERTIFICATION : I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS NOTEi THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL IN COMPLIANCE WITH F.A.C. LAND SURVEYORS AND MAPPERS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE 61G17- 6.0031 (5) (E) (IF LOCATION OF CODE, SUANI TOSECTION 472.027, FLORIDA STATUTES. EASEMENTS RIGHT-OF-WAY OF ON RECORD PLAT, ISD, �// - - - -_ ��j� J -- REQUIRED, THIS INFORMATION MUST BE BY : I,c _ _- SURVEY DATE FURNISHED TO THE SURVEYOR AND MAPPER. �P, �� D, P: S a9 CLINTON V FINSTAD, PIS #2453 1EFFRY H. HILLIGOSS, PLS X14488 N MACDONALD, #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOT VALID WITHOUT SURVEYORS SIGNATURE AND EMBOSSED SEAL SURVEY IS VAUD FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES do ABBREVIATIONS. 6561 TAYLOR ROAD, SUITE i REVISIONS NAPLES, FLORIDA 34109 F.L.A. SURVEYS CORP. 941 -598 -5936 FAX 598 -5939 P OFESSIONAL LAND SURVEYORS & MAPPERS —LB 6569 12730 NEW BRITTANY BLVD. PROJECT NO M FT. MYERS, FLORIDA 33907 _ 941 - 275 -8660 FAX 275 -3367 01 -1892 Exhibit "A" — V7A CONDITIONS OF APPROVAL VA- 2002 -AR -3379 a) This variance is for the encroachment shown in Exhibit "A" only. Any further encroachments will require a separate variance request. b) Pursuant to Section 2.2.25.8.1 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 shall be contacted. c) In the case of the destruction of the encroaching structure, 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, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. IC C 7A-- February 26, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA- 2002 -AR -3379, Aquatic Architechs, Inc. Dear Georgia: Please advertise the above referenced petition on Sunday, March 23, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 113- 138312 - 649110 7A�' 11 0 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 8, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA- 2002 -AR -3379, Aquatic Architechs, Inc., representing Kris and Jodi Anderson, requesting a 1.8 -foot variance from the required 10 -foot rear yard setback for property located at 349 Wimbledon Lane, further described as Lot 39, Block B, Berkshire Lakes Unit 1, Section 32, Township 49 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 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) o�.�HE CIlrCG� V y COe Dwight E. Brock Clerk February 27, 2003 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 341013044 Aquatic Architechs, Inc. 1910 J &C Blvd. Naples, FL 34109 Re: Notice of Public Hearing to consider Petition VA- 2002 -AR -3379 Dear Petitioner: 7a CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BrROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure o�.�NE CIRCG� V Dwight E. Brock Clerk February 27, 2003 Kris & Jodi Anderson 349 Wimbledon Lane Berkshire Lakes Naples, FL 34116 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 341013044 Re: Notice of Public Hearing to consider Petition VA- 2002 -AR -3379 Dear Petitioner: 7A CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Morgan P7A To: Georgia (E -mail) Subject: Advertising - VA- 2002 -AR -3379 Ifi Georgia, Aease advertise the attached on Sunday, Warch 23rd. It is petition #V,9-2002-,AR-3379 Thanks, Trish Ti VA- 2002 -AR -3379. VA- 2002 -AR -3379. doc doc Patricia L. Morgan A From: postmaster @clerk.colIier.fl.us Sent: Thursday, February 27, 2003 8:52 AM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) 10 ATT73328.bd Advertising - VA- 2002 -AR -3379 This is an automatically genera tedDelivery Status Notification Tour message has been successfully relayed to the folfowing recipients, 6ut the requested delivery status notzcations may not 6e generated 6y the destination. fegafs@napfesnews.com Patricia L. Morgan From: System Administrator [postmaster @napiesnews.com] Sent: Thursday, February 27, 2003 8:43 AM To: Patricia L. Morgan Subject: Delivered: Advertising - VA- 2002 -AR -3379 LI Advertising - VA- 2002 -AR -3379 «Advertising - VA -2002 AR-3379>> Your message To: Georgia (E -main Subject: Advertising - VA-2002-,4R-33 79 Sent: Thu, 27 Te6 2003 08 :51:29 -0500 was detivered to the folkwing recipients) Cegafs on rIhu, 27 Ee6 2003 08:42:47 -0500 Advertising - VA- 2002 -AR -3379 Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Thursday, February 27, 2003 11:18 To: Patricia L. Morgan Subject: RE: Advertising - VA- 2002 -AR -3379 3/23 ok georgia - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan @clerk.collier.fl.us] Sent: Thursday, February 27, 2003 8:51 AM To: Georgia (E -mail) Subject: Advertising - VA- 2002 -AR -3379 Yfi Georgia, Please advertise the attached on Sunday, March 23rd. It is petition #V,4-2002-AR-33 79 ,Ihanks, Trish «VA- 2002 -AR -3379. doc» 2/27/2003 «VA- 2002 -AR -3379. doc» Page 1 of 1 7A- Naples Daily News Naples, FL 34102 OF PUBLIC Affidavit of Publication Notice Is hereby 0I Na P Y les Dail News that the Board of Cc ------------------------------------------------- +------ ------- -------- °-- - -- ty Commissioners of Iler County hol pwilul n on day, April 8, In Boardroom 3rd FIc Administratfon Build BOARD OF COUNTY COMMISSIONERS Collier County Gave CHERI LEFARA ment Center, 3301 E `Tamlaml Trail, Nap PO BOX 413016 Florida. The NAPLES FL 34101 -3016 begin AmheAet "The Board will cons[ Pettlion VA- 4002 -AR -2 Aquatic Architechs, li •representing Kris c Jodi Anderson, re uc REFERENCE: 001230 113138312649 from fequtredai 58627809 NOTICE OF PUBLIC HEA the- foot rear yard setbc for property located State of Florida 349 Wimbledon Lai further described as Count of Collier Y Before the uneersigned authority, Personally 39 Block B, Berksh Lokes Unit 1, Section appeared B. Lamb who on oath says that she serves PP Y Township 49 Soul , Ranaa 26 East, Coll as Assistant Corporate SAcretar•y of the Naples Cour�ty,Florida. Daily News, a daily newspaper published at Naples, *OTE: AllPersons -wl in Collier County, Florida: that the attached ing to speak on a copy of advertising was published in said agenda item must re newspaper on dates listed. PaP ter with the County minlstraior Nor to pi Affiant further says that the said Naples Daily sentatlon ithe agen News is a newspaper published at Naples, in said Item to be addressc individual speakers Collier Count Florida and that the said Y. . be Iimtted to 5 minus i newspaper has heretofore been continuously on any Item. The soh published in said Collier County, Florida, each Lion of on individual speak on behalf day and has been entered as second class mail of an i oania aipedorlfr matter at the post office in Naples, in said enco eca Collier County, Florida, for a period of 1 year by the Chair, spokesperson for next preceding the first publication of the group or oroanizatl attached copy of advertisement; and affiant may be allotted 10 ml utes to speak on further says that she has neither paid nor c item. promised any person, firm or corporation any wish wishing g discount, rebate, commission or refund for the for �+ersons ave written or materials purpose of securing this advertisement included publiction in the said newspaper. the Board agenda pac ets must submit said m terfal a minimum of PUBLISHED OtL' 03/23 pective prior to hearin In an Y case, written m aerials Intended to t Considered by the Boas be shall submitted 1 the appropriate Couni AD SPACE: 10/:.000 INCH endays prior to the pul Iic hearing. All mater) FILED ON: 03/24/03 used In presentations bi ---------------------------------------------- -- - +--------- -- --------- - - - - - -- fore the Board will be c� come a permanent pai Signature of Affiant � '"./li of the record. Any person who decide to appeal a decision c Sworn to and SLoscribed L(7e me ay o -�� 20 i thoer wlll.need a re cot o n g erffi e�todan Personally known by me sua may need �rov t record of the proceed c! >y InQS is maddee, which re cord Indudes the test) many and evidence f upon which the appec 1pt,_ 7be 11, 2005 Isbasad COLLLLIERNCOUNTY, FLORIDA Tl HENN114% CHAIR.[ DD,LWEIIGHT E. BROCK, RK BY: /s /Potritla L. Mor- gqn, D'epuN Clerk h 23 No. 113267 i '+ RESOLUTION NO. 03 —fib p A RESOLUTION RELATING TO PETITION NUMBER VA- 2002 -AR -3379, FOR AN AFTER -THE -FACT VARIANCE 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, pursuant thereto the County, has adopted a Land Development Code (Ordinance No. 91 -102 as amended) establishing 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 constituted Board of the area hereby affected, has held a duly noticed public hearing, and has considered the advisability of a 1.8 —foot variance from the required 10 -foot rear yard setback to allow a setback of 8.2 feet for the accessory use as shown on the attached plot plan, Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations and by Section 2.7.5 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition VA- 2002 -AR -3379 filed by Aquatic Architechs, representing Kristopher and Jody Anderson, with respect to the property hereinafter described as: Lot 39, Block B, Berkshire Lakes Unit 1, Section 32, Township 49 South, Range 26 EAst, Collier County, Florida, be and the same hereby is approved for a 1.8 foot variance from the required rear yard setback, and public utility and drainage easement of ten feet (10') set forth in Section 2.6.2.1 of the Land Development Code, Ordinance No. 91 -102 as amended, to allow a set back of 8.2 feet to the accessory structure as shown on the attached plot plan, Exhibit "A," subject to the conditions set forth on attached Exhibit "B." BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002 -AR -3379 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /3 rk ATTEST: DWIGHT E. BROCK, CLERK tv. 9na 0* Appraved,�as to, Form -and Legal Sufficienc �"o Patrick G. White Assistant County Attorney VA- 2002- AR- 3379/MD day of P1,64 , 2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TOM HENNING, NAIRMAN "AS'- BUILT" POOL DECK FIR 5/8' LB 43 — LDT 38 1-- --276— n o i 0 o � 3 � z o ('7 0 O 2 9 O l Z SCALE 11' = 30' STREE T ADDRESS, 349 WIMBLEDON LANE LAKE TRACT 'I' NAPLES, FLORIDA fDRAINA6E EASEMENT) 15' MAINTENANCE �- EASEHENT \ 71—r q3 6 !0'PU d DE LB 43 SCREENED �• "- r�i Pax DECK 2T 2.7' SINGLE STORY CDNC BLOCK 6 STUCCO RESIDENCE K 59'�u 1Q7' N MCK 4.9'H � urs RIGHT OF WAYS I BASISI ai BEARINGI (!) FIR 5 /B' LB 43 EDGE DF CDNC I DRIVE 6�2 r. 1 10'jPU B DE 11 LP!/ LOT 39 \� BLOCK B' 7 TV—R--- WB FIR 5/8' FO 43 Q1 Lar 40 JC£N TERL IN£1 0 WIMBLEDON LANE 60' 06, / FOUND Curve number I _ _ LEGAL DESCRIPTION Rodls= 230.00 Delta= 20.20'00' /",� Arc= 81.62 Tangent= 41.25 A Chord= 81.20 Chord Brg. 584'55'32'E, (P) 0 7 15 30 60 N.84'55'32'W, 84.24' 04> GRAPHIC SCALE Curve number 2 KRISTOPHER N. ANDERSON AND JODY M. ANDERSONI Radlus= 370.00 FLOOD ZONE : 'X' Delta = 20'20'00' COMMUNITY PANEL 120067 -0415D Arc= 131.31 DATED : 06 -03 -86 Tangent= 66.35 Chord= 130.62 Chord Brg. 584'55'32 E: (P) S84'53'38'E. 130.62' (N) 7 TV—R--- WB FIR 5/8' FO 43 CERTIFICATION : I CERTIFY THAT iHIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL NOTE, LAND SURVEYORS ANT) MAPPERS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE IN COMPLIANCE WITH F.A.C, CODE, T49,SUANT TO SECTION 472.027, FLORIDA STATUTES. 61G37- 6,0031 (5) (E) (IF LOCATION OF EASEMENTS OR RIGHT -OF -WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT, IS BY : __ SURVEY DATE : l/I REQUIRED, THIS INFORMATION MUST 8E - FURNISHED TO THE SURVEYOR AND MAPPER. AND D, PIS 9 CLINTON 1P. FINSTAD, PIS #2453 JEFFRY H. HILLIGOSS, PIS 04488 N MACDONALD, #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOT VALID WITHOUT SURVEYORS SIGNATURE AND EMBOSSED SEAL SURVEY IS VALID FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS. 6561 TAYLOR ROAD, SUITE 1 REVISIbNS F.L.A. SURVEYS CORP. NAPLES, FLORIDA 34109 PROFESSIONAL LAND SURVEYORS & MAPPERS -LB 6569 941- 598 -5936 FAX 598 -5939 12730 NEW BRITTANY BLVD. PROJECT NO: _ FT. MYERS, FLORIDA 33907 Exhibit "A" - -�'— 941- 275 -8660 FAX 275 -3367 01-- -1892 [iGl JC£N TERL IN£1 WIMBLEDON LANE 60' 06, / FOUND 117z, PCP FD43 LEGAL DESCRIPTION LOT 39, BLACK B, BERKSHIRE LAKES, UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES ll8 THROUGH 120, A INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 0 7 15 30 60 GRAPHIC SCALE CERTIFIED TO KRISTOPHER N. ANDERSON AND JODY M. ANDERSONI FLOOD ZONE : 'X' COMMUNITY PANEL 120067 -0415D DATED : 06 -03 -86 CERTIFICATION : I CERTIFY THAT iHIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL NOTE, LAND SURVEYORS ANT) MAPPERS IN CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE IN COMPLIANCE WITH F.A.C, CODE, T49,SUANT TO SECTION 472.027, FLORIDA STATUTES. 61G37- 6,0031 (5) (E) (IF LOCATION OF EASEMENTS OR RIGHT -OF -WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT, IS BY : __ SURVEY DATE : l/I REQUIRED, THIS INFORMATION MUST 8E - FURNISHED TO THE SURVEYOR AND MAPPER. AND D, PIS 9 CLINTON 1P. FINSTAD, PIS #2453 JEFFRY H. HILLIGOSS, PIS 04488 N MACDONALD, #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOT VALID WITHOUT SURVEYORS SIGNATURE AND EMBOSSED SEAL SURVEY IS VALID FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS. 6561 TAYLOR ROAD, SUITE 1 REVISIbNS F.L.A. SURVEYS CORP. NAPLES, FLORIDA 34109 PROFESSIONAL LAND SURVEYORS & MAPPERS -LB 6569 941- 598 -5936 FAX 598 -5939 12730 NEW BRITTANY BLVD. PROJECT NO: _ FT. MYERS, FLORIDA 33907 Exhibit "A" - -�'— 941- 275 -8660 FAX 275 -3367 01-- -1892 [iGl [Li] CONDITIONS OF APPROVAL VA- 2002 -AR -3379 a) This variance is for the encroachment shown in Exhibit "A" only. Any further encroachments will require a separate variance request. b) Pursuant to Section 2.2.25.8.1 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 shall be contacted. c) In the case of the destruction of the encroaching structure, 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, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. COLLIER COUNTY FLORIDA A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ro: Clerk to the Board: Please place the following as a: !-1 KXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Date: 3)�a(o27 Petition No. (If none, give brief description): PUDZ - 2002 -AR -3095, LIVINGSTON VILLAGE Petitioner: (Name & Address): Att: Michael Fernandez, 5133 Castello Drive, Suite 2, Naples, Florida 34103 Name & Address of any person(s) to be notified by Clerk's Office:Wallace L. Lewis, Jr., % Steven A. Landy, Greenburg, Traurit, Attorneys at Law, 1221 Brickell Avenue, Miami, Florida 33131 Hearing before G BCC G BZA 17 Other Requested Hearing date: May 13, 2003, based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other O Legally Required Proposed Text: PUDZ- 2002 -AR -3095, Michael Fernandez of Planning Development, representing Mariam Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of the Livingston Road north of Wyndemere Country Club in Section 19, Township 49 South, Range 26 East, consisting of approximately 149 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? E3 Yes 0 No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 e sewed by: � l e Department 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: 0 County Manager agenda file: to 0 Requesting Division 0 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: 41_3. 3 � � -�7- d 3 Date Received: Date of Public hearing: 13 00 -3 Date Advertised: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9619N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) NORTH OF WYNDEMERE COUNTRY CLUB, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.98+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, Planning Development, Incorporated, representing Marian H. Gerace and Wallace L. Lewis, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ATTEST: day of 12003. DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ` Marjorie M. Student Assistant County Attorney PUDZ- 2002 -AR- 3095 /RB/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN 8A EXHIBIT A LIVINGSTON VILLAGE U PLANNED UNIT DEVELOPMENT PREPARED FOR: Marian H. Gerace and Wallace L. Lewis, Jr. c/o Steven A. Landy, Esq. Greenberg Traurig Attorneys at Law 1221 Brickell Avenue Miami, Florida 33131 PREPARED BY: PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP 5133 CASTELLO DRIVE SUITE 2 NAPLES, FLORIDA 34103 239 / 263 -6934 / 263 -6981 FAX PDI MRF @ AOL.COM DATE FILED: July 12 2002 DOCUMENT DATE: March 13 2003 DATE REVIEWED BY CCPC: April 3 2003 DATE APPROVED BY BCC: ORDINANCE NUMBER: TABLE OF CONTENTS SECTION STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL DISTRICT SECTION IV RECREATION DISTRICT EXHIBITS EXHIBIT A LIVINGSTON VILLAGE PUD MASTER PLAN ii PAGE 1 -1 2 -1 3 -1 4 -1 08A STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Levitt and Sons, LLC, hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 149± acres of land located in Section 19, Township 49 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Livingston Village. The development of Livingston Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Livingston Village is compatible with adjacent land uses as required in Policy 5.4 of the FLUE through the internal arrangement of land uses, the placement of vegetative buffers, and the proposed development standards contained herein. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the FLUE and therefore is eligible for the base density of four units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 3.9 units per acre which is less than the maximum density provided by the Density Rating System contained in the FLUE and therefore is consistent with the FLUE, Policy 5.1. SHORT TITLE This ordinance shall be known and cited as the "LIVINGSTON VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE ". P 1 -1 ' SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Livingston Village PUD, and to describe the existing condition of the property proposed to be developed. The Livingston Village PUD is located within Collier County. 1.2 LEGAL DESCRIPTION The subject property being: Description of Part of the North'/ of the North 'h of Section 19, Township 49 South, Range 26 East, Less and Excepting Interstate 75 Right -of -Way located in Collier County, Florida Beginning at the Northwest corner of said Section 19; thence along the north line of said Section, South 89 037'04" East 4886.95 feet to the west right -of -way of Interstate 75; thence along said right -of -way South 0007'55" West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20 -21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 3943, North 89 036'39 "West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00 033'56" East 1326.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Containing 148.98 acres more or less. Bearings are based on the north line of Wyndemere being North 89 036'39" West. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Wallace L. Lewis, Jr. and Marian H. Gerace, hereinafter jointly called "applicant or developer'. ` • 1 1.4 GENERAL DESCRIPTION OF PROPERTY A. The total site area is 149± acres and is located immediately north of the Wyndemere residential community along Livingston Road and extends eastward to the right -of -way of Interstate 75. This parcel is located within Section 19, Township 49 South, Range 26 East, Collier County, Florida, B. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE IM, The purpose of this Section is to generally describe the plan of development for Livingston Village, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Livingston Village has an area of 149± acres and is proposed to be developed concurrently with the extension of Livingston Road. Livingston Village shall consist of a maximum of 590 residential units developed as a mixture of single and multi - family residences in a community of individual residential tracts, shared open space and common recreational amenities. The project's primary access from Livingston Road is located on the northerly property line of the subject property. A secondary access is located approximately 660 feet north of the property's southerly boundary. The Livingston Village PUD Master Plan is illustrated graphically on Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Livingston Village PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and GMP which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Unless modified, waived or excepted by this PUD Document or by subsequent request, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. �i W) E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.2.4. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. G. For purposes of the various impact fee ordinances, residential uses, other than the conventional single - family detached dwellings shall be classified as either multi- family or condominium /townhouse in accord with definitions of the applicable impact fee ordinance. 2.4 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during the preliminary subdivision plat approval process. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all project roadways. Roadways within Livingston Village shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: A. LDC Sections 3.2.8.3.19: Street name signs shall be approved by the Development Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street Pavement painting, street striping, and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be waived. C. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right -of -way width shall be 50 feet. D. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul -de -sac streets shall be waived. 1The maximum length shall be 1,400 feet unless extended upon review and approval of the Fire District. E. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. F. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. G. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non -paved areas of the right -of -way shall be waived to allow the installation of decorative planters and alternative ground cover. 9#8 A H. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support the variance at the time of development plan submittal. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Livingston Village Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. C. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 of the LDC. D. Lake Setbacks Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: 1. Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross - sections, and need for barriers. 2. With the exception of the Collier County drainage easement along the project's south property line, lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Livingston Village PUD. E. Blasting can be utilized in the excavation process provided such excavations meet the setback requirements and other provision of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 MODEL HOMES /SALES CENTERS /SALES OFFICES /CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers (related to the promotion and sales for the development such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs) shall be permitted principal uses throughout the Livingston Village PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the LDC. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. The model home /sale centers temporary use permits shall be valid •y 2 -4 through the buildout of the project with no extension of the temporary use required. These uses may be either wet or dry facilities. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable water, existing lakes or irrigation wells for irrigation. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Livingston Village Master Concept Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Livingston Village Master Concept Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Livingston Village PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 8 .� 2 -5 E. The Site Development Plan Division of the LDC shall apply to Livingston Village, except for any exemptions set forth herein or otherwise granted pursuant to LDC Section 3.3.4. 2.8 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Livingston Village PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Structural walled berms — vertical and located at the rear of a required landscape buffer B. The maximum height of the berm adjacent to 1 -75 is 22 feet, as measured from existing grade. A landscape berm adjacent to 1 -75 shall be as required in Section 2.4.4.18.1 of the LDC. C. The maximum height of any combination of perimeter landscape berm, fence or wall adjacent to 1 -75 is an eight foot wall or fence on top of a 22 foot berm measured from the highest crown elevation of 1 -75. D. The maximum height of all other fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.12 of this Document, and shall be governed by the height limitations for principal structures of the internal land use designation in which they are located. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. F. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Livingston Village PUD prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. 2 -6 G. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a 5 foot setback from development boundaries where adjacent to a public right -of -way and a 2 foot setback from all other land uses. H. Fences or walls may be placed zero feet from the internal right -of -way provided that shrubs are provided in the right -of -way and may be located five feet from project perimeter, subject to review and approval by the Transportation Division at time of SDP review. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. J. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers /easements, per the Land Development Code. K. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be installed prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive spacing of one per lot or one per 60 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 10 -foot height at installation. Street trees shall be located within 10 feet of the edge of pavement and between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 6 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Master Street Tree Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements and other applicable Code provisions. 2.10 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a temporary principal use throughout the Livingston Village PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: 45 feet Im 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Livingston Village PUD except in the Preserve District. General permitted uses include the continuation of earth mining, asphalt/concrete plant, rock crushing and commercial excavation operations, and those uses which generally serve the residents of the Livingston Village PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape /hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.9 of this PUD and the Land Development Code. 9. Fill storage, site filling and grading are subject to the standards set forth in Section 2.10 of this PUD. 10. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. B. General permitted uses, which serve the development, residents and tenants of the Livingston Village PUD, shall be considered permitted uses throughout the project. C. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: Im Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback. 2. Other general permitted uses shall be set back a minimum of five feet from property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping — five feet 4. Minimum distance between unrelated structures — ten feet 5. Maximum height of buildings — 35 feet 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers per the Land Development Code. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Livingston Village PUD are to be in accordance with the LD C provision in effect at the time of permit application. 2.14 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS There are approximately 14.6 acres of native vegetation currently on site. Per Section 3.9.5.5.3 of the LDC, twenty -five percent of the native vegetation (3.7 acres) is required to be retained on -site. The four acres of preserve areas within the drainage easement on site shall fully satisfy the LDC requirement and Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 2.16 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Department review staff prior to final plat /construction plan approval. A schedule for exotic removal within the preservation areas shall be submitted with the above - mentioned plan. 2.17 AGRICULTURAL ACTIVITIES The site has been used and is currently utilized for agricultural purposes. Agricultural l 2 -9 activities, as defined in the LDC, shall continue to be a permitted use until such time as residential development has commenced. 2.18 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of permit approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated right -of -way, a right -of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers /easements B. Boundary Markers Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries. V -type boundary marker monuments shall be permitted only at intersections. 2. A maximum of four boundary marker monuments shall be permitted. 3. The sign face area of each side of the boundary marker monument may not exceed 80 square feet. The edges of any sign face may not extend above the top or beyond the corner edge of any boundary marker monument on which it is located. If the boundary marker monument is two- sided, each sign face may not exceed 80 square feet of area. 4. Sign face area is calculated by total square footage of name, insignia, and motto only. 5. Boundary marker monuments may not exceed a height of eight feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of eight feet. 6. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. C. Residential Project Entrance Signs I UOM r Entrance signs may be located at each side of each entrance to the project and may be one, two or three - sided. The size of words, letters, graphics, and the typography and color scheme used in each individual project, business or directional identification on an entrance sign shall be similar to and consistent with the other identifications placed on the same sign. A maximum of two 1- sided, one 2- sided, or one 3 -sided entrance signs may be permitted at each entrance. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs at each entrance may not exceed 200 square feet. If the sign is a single, two -sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from any rights -of -way and any perimeter property line shall be five feet. 4. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 5. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this Section, finished grade level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. Interstate 75 Sign A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the development, a telephone number and/or the insignia and shall not contain promotional or sales material. The ground sign shall be compatible architecturally with the unified theme of the PUD. Exclusive of landscaping, such ground sign shall not exceed 200 square feet. E. Internal Signs in the Residential Districts Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights -of -way may be zero feet. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Livingston Village PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. W 2 -11 2. Residential directional or identification signs may be allowed internal to the subdivisions. Such signs may be used to identify the location of or direction to approved uses such as models or model sales centers, clubhouse, and recreational areas. Individual signs may be a maximum of four square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of eight feet. No building permit is required, unless such signs are combined to form a menu board. F. Directional /Identification Signs Directional or identification signs may be allowed internal to the Livingston Village PUD. Such signs may be used to identify the location of or direction to approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of six square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. G. Real Estate Signs The developer may locate real estate signs within the project. The signs shall have a maximum size of six square feet per side. Such signs may advertise "For Sale ", "Sold To ", or "Lot # ". No building permit is required. H. Temporary Signs �. Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. All other temporary signs may not exceed 200 square feet in area. If the sign is two - sided, each sign face may not exceed 200 square feet in area. 3. The setback for temporary signs from internal rights -of -way shall be five feet. 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build -out. 6. Special Event Signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet from any property line. No building permit is required. 2 -12 7. Grand Opening Signs: The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. A banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months of opening for business. 8. No building permit is required for temporary signs as listed above. Construction Entrance Signs 1. Two "construction ahead" signs may be located ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. 3. Employment signs with a maximum of 20 square feet in size may be located at each construction entrance to advertise for construction help. No building permit is required. Traffic Signs Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 2.19 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.20 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way, or within dedicated County utility easements, shall be conveyed to Collier County pursuant to Collier County Ordinance 97 -17, as amended, except as may be provided in Section 2.8 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.8 of this Document. C. Temporary construction and /or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable or irrigation wells. D. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks /paths will be allowed within a utility easement, including placement `,- 8� 2 -13 within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalk/paths, or modification /reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.21 TRANSPORTATION A. The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid section line, approximately 4.5 acres, and the northernmost 100 feet width between the mid section line and 1 -75, approximately 5.3 acres. B. This reservation is made to accommodate a potential alignment of this proposed roadway segment for which an alignment study is scheduled to be undertaken between years 2003 and 2004. This reservation shall expire January 15, 2005. Prior to this date, the developer agrees to dedicate said reservation to the County upon receipt of the County's request, in exchange for road impact fee credits equal to the fair market value of the property dedicated to the County. In the event that the developer has completed the project as determined by the Developer and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. C. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as improvements in the evaluation of the land's value nor shall the Project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed vacated as provided below. For example, improvements within the reservation lands shall be in addition to required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows the Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. D. The developer further reserves the right to utilize the area reserved to the County for a project access driveway. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. Should the Developer elect to construct the improvements consistent with the design standards of 2 -lanes of the proposed 4 -lane Green Boulevard Extension urban cross section, the Developer shall be entitled to additional road impact fee credits equal to the value of the improvements. In the event road impact fee credits for the construction of the County road remain at the time the Project is completed by the Developer, as determined by the 2 -1P, -,-8 Developer, the County shall reimburse the Developer in cash the amount of the road impact fee credits remaining. E. Should the County not elect to request the dedication of the reservation lands prior to the above date, then the reservation will be deemed vacated and the encumbered acreage shall be released and may be incorporated into the project as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. F. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Development Code. 2.22 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, 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. 2.23 MONITORING REPORT AND SUNSET PROVISIONS A. The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE 3 -1 The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "R1" and "R2 ". 3.2 MAXIMUM NUMBER OF DWELLING UNITS The number of dwelling units to be built in Livingston Village pursuant to this PUD will not exceed 590. 3.3 GENERAL DESCRIPTION Areas designated as "R1" and "R2" on the Livingston Village PUD Master Plan are designed to accommodate a range of residential dwelling types, compatible accessory uses, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1", and "R2" Districts is indicated on the Livingston Village PUD Master Plan. This acreage is based on conceptual design and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES - "R1" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: Single family detached dwellings. 2. Single family attached, townhouse, two - family and duplex dwellings. 3. Zero lot line, courtyard residences and patio dwellings. 4. Model homes, sales centers including administrative offices and construction offices. B. Accessory Uses: Accessory uses and structures customarily associated with the principal uses permitted in this District, including gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, and other facilities intended for outdoor recreation, project maintenance facilities, guest houses, cabana bedrooms, boat docks (for residents of the project and their guests), garages, pools and other recreational facilities. U 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein by Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES - "112" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: All of the uses permitted in the Residential "R1" District herein. 2. Multi- family dwellings. B. Accessory Uses: Accessory uses and structures customary associated with principal uses permitted in this District, including gazebos, pedestrian and bicycle paths, swimming pools, cabana bedrooms, garages, pools and other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.6 DEVELOPMENT STANDARDS A. Table 3 -1 sets forth the development standards for land uses within the "R1" and "R2" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 3 -1 shall be established during site development plan approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district allowing uses most similar to the proposed use. F. Required development regulations may be approved that differ from those set forth in Table 3 -1 subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 LOM 3 -3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.14 of this PUD. G. Single family patio, courtyard residences and zero lot line dwellings are identified separately from single - family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 3 -1 of this Document. Patio, courtyard residences and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of LDC Article 2, Division 2.6, Subsection 2.6.27. H. Attached or detached courtyard residences which include cabana bedrooms accessed from the courtyard and not the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance from the street of being one single - family residence and elevation; 2. The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The cabana structure may not contain primary cooking facilities. 1 2. 3. 4. 3 -4 TABLE 3 -1 DEVELOPMENT STANDARDS FOR THE "R1 and R2" RFSInFNTIAI n1QTR1rT 5. 6. 7. 8. 9. 10. 11. 12. 13 14 • rivrn yards are measurea from the bacK of curb or edge of pavement (if not curbed). Where adjacent to a lake (measured from the top of bank) or open space reduced to zero -feet (0'). Building height shall be measured from the first habitable finished floor elevation of the unit. All zero lot line units in a series shall have the 0 foot side setback on the same side of the lot. The zero foot side setback may change only if a minimum 10 foot wide space is provided in the form of an easement, which separate the lots. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. Guest houses or cabana bedrooms are subject to setbacks for principal structures The side corner setback shall be the same as the required side principal structure setback. Site depth average — determined by dividing the site area by the site width. Accessory pool enclosure /screen lanai setback may be reduced to zero feet (0') when attached to common privacy wall. Accessory pool enclosure /screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. A patio home is a detached or semi - detached unit for a single family with one dwelling unit from ground to roof wherein each dwelling unit is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. Principal or accessory structures may not encroach into any required landscape buffer. SINGLE PATIO COURTYARD TWO SINGLE FAMILY MULTI FAMILY DETACHED &ZERO LOT FAMILY & DUPLEX ATTACHED & FAMILY LINE TOWNHOUSE DWELLINGS Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 2,000 sq. ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 20 ft. 60 ft. Principal & Accessory 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Side Entry Front Yard 1,7, Garage and /or Front 10 ft. loft. 10 ft. 10 ft. 10 ft. Setback 12, Porches Garage or Carport on Parking Lot n/a n/a n/a n/a 0 ft. Accesswa Rear Yard Principal 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Setback 2, 6, 7,14 0,11,12 Accessory 5 ft 5 ft. 5 ft. 5 ft. 10 ft. 0 ft one side Side Yard Setback 10 ft. other Principal & Accessory 6 ft, side 0 ft or 6 ft. 0 ft or 6 ft. 10 ft. 2,4,7,8,10,11,12 OR 6 ft. on both sides Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. Distance Between Principal Structures 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. Setback from Preserve — Principal Structures 25 ft 25 ft. 25 ft. 25 ft. 25 ft. Setback from Preserve — Accessory Structures 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 5. 6. 7. 8. 9. 10. 11. 12. 13 14 • rivrn yards are measurea from the bacK of curb or edge of pavement (if not curbed). Where adjacent to a lake (measured from the top of bank) or open space reduced to zero -feet (0'). Building height shall be measured from the first habitable finished floor elevation of the unit. All zero lot line units in a series shall have the 0 foot side setback on the same side of the lot. The zero foot side setback may change only if a minimum 10 foot wide space is provided in the form of an easement, which separate the lots. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. Guest houses or cabana bedrooms are subject to setbacks for principal structures The side corner setback shall be the same as the required side principal structure setback. Site depth average — determined by dividing the site area by the site width. Accessory pool enclosure /screen lanai setback may be reduced to zero feet (0') when attached to common privacy wall. Accessory pool enclosure /screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. A patio home is a detached or semi - detached unit for a single family with one dwelling unit from ground to roof wherein each dwelling unit is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. Principal or accessory structures may not encroach into any required landscape buffer. SECTION IV RECREATION DISTRICT 4.1 PURPOSE 4 -1 The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "REC ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation District is indicated on the Livingston Village PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Tract is designed to accommodate customary recreational uses for a planned residential community. Depiction of the Recreational land use on the PUD Master Plan does not obligate Developer to designate a recreational land use and this acreage and area may be utilized for another listed land use. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Community and recreational uses and facilities such as clubhouse and similar facilities that serve as an integral part of a residential development. 2. Shuffleboard courts, tennis courts, swimming pools, children's playgrounds and other facilities intended for outdoor recreation. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation District. 5. Utility, water management and rights -of- way /access easements. 6. Lakes and water management facilities. 7. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 8. Lake excavations as permitted by Division 3.5 of the LDC. B. Accessory Uses: Accessory, incidental and subordinate activities such as, but not limited to, those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. Imo: 4 -1 1. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein Section 2.17. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting, and written approval by the developer or master homeowners' association. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 10 feet from "REC" District boundaries and private roads, and 25 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. In no instance shall any structure encroach into a required landscape buffer. B. Accessory structures shall be set back a minimum of five feet from "REC" District boundaries and private roads, and 20 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings — 35 feet. E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping —10 feet. F. Minimum distance between all other principal structures — 15 feet. G. Minimum distance between all other accessory structures — 10 feet. H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. VOlNO73 „V„ ll&lRX3 Mind H.91SV➢l Gnd co .- un rn o o R CO LL 2 W zw, Iu J 3 T LU H m (A Q O � lo z a g uiz ° Cr LU W ° a w awi? za a �ww� Ymo -wa .6p �w0: 0 r- i au (n w r', V U) w Q W' J�1��0 0 6op< 3izyF s°ui �FLL aFp tp5 <� z�N� <p j� 8a�w3oa� oy wo scn U) <om�a�N LLI HOW, 0 ` icpi���zm z6 �a <oxp� LC � <wwaaw< F� w W «o< < (7 c rfl[{' prgl twn : 'DSR aMr 7 NIA& and 30d77rn MO,LSOLVIAI7 nay-- as hvlrver- w- rcec -s /rre p f.OfYC VOINO'1,4 'S37dVN 'i 3lil7l '3AlNO O'1'19.LSVJ ml SLMlN3NV3dVJSOW7QW9N3NNVid' SN33NlON3 'S1NV1711SNOO1N3WdO73A3C o Po o 03 tb 'NOdYOONI1N3Wd073/130OIVINNV7d 8 S n 8 w a Nz w z� Q Q J J a J wz • xz_ W � J • L� April 04, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition PUDZ -2002 -AR -3095 Dear Georgia: Please advertise the above referenced petition on Sunday, April 27, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Marie Clos, Deputy Clerk Enclosure Charge to: Account 113 - 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 13, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9619N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) NORTH OF WYNDEMERE COUNTRY CLUB, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.98+ ACRES; AND PROVIDING AN EFFECTIVE DATE. Petition PUDZ- 2002 -AR -3095, Michael Fernandez of Planning Development, representing Mariam Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of the Livingston Road north of Wyndemere Country Club in Section 19, Township 49 South, Range 26 East, consisting of approximately 149 acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the 8A public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Marie Clos, Deputy Clerk (SEAL) � gt1E ClRCGi A 0 U y• y Dwight E. Brock Clerk April 04, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101044 V8A CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Mr. Michael Fernandez 5133 Castello Drive Suite 2 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ- 2002 -AR -3095 Dear Mr.Fernandez: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure i :,. • • April 04, 2003 Wallace L.Lewis, Jr C/O Landy, Greenburg, Traurit at Law 1221 Brickell Ave Miami, FL 33131 Re: Notice of Public Hearing to consider Petition PUDZ- 2002 -AR -3095 Dear Mr.Lewis: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure Marie J. Clos BA From: Marie J. Clos Sent: Friday, April 04, 2003 11:31 AM To: Georgia (E -mail) Subject: Advertising -PUDZ- 2002 -AR -3095 Please advertise the attached: Will -I PUDZ- 2002 -AR -309 PUDZ- 2002 -AR -309 5.doc 5.doc Marie J. Clos A From: postmaster @clerk. coil ier. fl. us Sent: Friday, April 04, 2003 11:31 AM To: Marie J. Clos Subject: Delivery Status Notification (Relay) Him= LI ATT128029.txt Advertising - PUDZ -2 002 -AR -3095 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 Marie J. Clos BA From: System Administrator [postmaster @naplesnews.com] Sent: Friday, April 04, 2003 11:30 AM To: Marie J. Clos Subject: Delivered: Advertising -PUDZ- 2002 -AR -3095 0 Advertising - PUDZ -2 002 -AR -3095 «Advertising -PUDZ- 2002 -AR- 3095» Your message To: Georgia (E -mail) Subject: Advertising -PUDZ- 2002 -AR -3095 Sent: Fri, 4 Apr 2003 11:30:37 -0500 was delivered to the following recipient(s): legals on Fri, 4 Apr 2003 11:29:43 -0500 1 Adverti sing -PUDZ- 2002 -AR -3 095 Marie J. Clos From: Marie J. Clos Sent: Friday, April 04, 2003 2:06 PM To: 'legals' Subject: RE: Advertising -PUDZ- 2002 -AR -3095 Here is the letter with the date it needs to run. - - - -- Original Message---- - From: legals [mailto:legals @naplesnews.com] Sent: Friday, April 04, 2003 1:56 PM To: Marie 3. Clos Subject: RE: Advertising -PUDZ- 2002 -AR -3095 marie both attachments look the same are they? what days are they to run? CALL me at 263 -4715 thanks - georgia - - - -- Original Message---- - From: Marie J. Clos [ma I Ito: Marie. Clos @clerk.collier.fl.us] Sent: Friday, April 04, 2003 11:31 AM To: Georgia (E -mail) Subject: Advertising -PU DZ-2002-AR-3095 Please advertise the attached: «PUDZ- 2002- AR- 3095.doc>> «PUDZ- 2002- AR- 3095.doc>> 4/4/2003 Page 1 of 1 • Hid I • 8A Marie J. Clos From: postmaster @clerk.colIier.fl.us Sent: Friday, April 04, 2003 2:06 PM To: Marie J. Clos Subject: Delivery Status Notification (Relay) LD ATT129090.txt RE: tiling -P U DZ- 2002 -F 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 Marie J. Clos From: System Administrator [postmaster @naplesnews.com] Sent: Friday, April 04, 2003 2:05 PM To: Marie J. Clos Subject: Delivered: RE: Advertising -PUDZ- 2002 -AR -3095 LI RE: tising -P U DZ- 2002 -P <<RE: Advertising -PUDZ- 2002 -AR -3095» Your message To: legals Subject: RE: Advertising -PUDZ- 2002 -AR -3095 Sent: Fri, 4 Apr 2003 14:06:02 -0500 was delivered to the following recipient(s): legals on Fri, 4 Apr 2003 14:05:06 -0500 1 90101 Advertising -PUDZ- 2002 -AR -3095 Marie J. Clos From: legals [legals @naplesnews.com] Sent: Friday, April 04, 2003 2:11 PM To: Marie J. Clos Subject: RE: Advertising -PUDZ- 2002 -AR -3095 now have both parts thanks to run 4/27 georgia - - - -- Original Message---- - From: Marie J. Clos [ma i Ito: Marie.Clos @clerk.colIier.fl.us] Sent: Friday, April 04, 2003 2:06 PM To: legals Subject: RE: Advertising - PUDZ - 2002 -AR -3095 Here is the letter with the date it needs to run. - - - -- Original Message---- - From: legals [mailto:legals @naplesnews.com] Sent: Friday, April 04, 2003 1:56 PM To: Marie J. Clos Subject: RE: Advertising -PUDZ- 2002 -AR -3095 marie both attachments look the same are they? what days are they to run? CALL me at 263 -4715 thanks - georgia - - - -- Original Message---- - From: Marie J. Clos [ mailto: Marie. Clos @clerk.collier.fl.us] Sent: Friday, April 04, 2003 11:31 AM To: Georgia (E -mail) Subject: Advertising -PUDZ- 2002 -AR -3095 Please advertise the attached: «PUDZ- 2002- AR- 3095.doc>> 4/4/2003 <<P U DZ- 2002 -AR -309 5. doc>> Page 1 of 1 8A 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 113138312649 58648171 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 04/27 AD SPACE: 158.000 INCH FILED ON: 04/28/03 Signature of Affiant, Sworn to and Subscribed ore me th i iay of /" 200 Personally known by me t =arR Donna Chesney MY Commission DD056336 OF Expires September 11, 2005 Ishln Notice Is that on 1 13, 2003, room. 3rd re -I nent part of tree reeorc. Any person who decides to appeal a decision of the Board will need a re- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceed - In{,; is made, which re- cord Includes the testi- uponywhich thel appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TTOONM HENNING, CHAIR- pDWWIIK HT E. BROCK, ay; cart /~Ie Cioa, Dep- un e proiopwa d Gera Lewis, Copies of the propos Ordinance are on f with the Clerk to ti Board and are avalla for Inspection. All IM ested parties are Invli to attend aril be heard. p a spokesperson group or ocfS�lggny rtes sspoeaxl Item. to t ORDINANCE NO. 03 -fir 1`8 A AN ORDINANCE AMENDING ORDINANCE ODE WHICH THE COLLIER COUNTY LAND DEVELOPMENT INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9619N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) NORTH OF WYNDEMERE COUNTRY CLUB, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.98+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, Planning Development, Incorporated, representing Marian H. Gerace and Wallace L. Lewis, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this !�z_ day of ,2003. 4 ATTEST- `. DWIGHT E BROCK, CLERK �ttt�st as to 04irml sign 081y, Approved as to Form and Legal Sufficiency Marjorie . Student Assistant County Attorney PUDZ- 2002- AR- 3095/RB /to BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FLO A BY: TOM HENNING, CHAIRMAN EXHIBIT A LIVINGSTON VILLAGE A PLANNED UNIT DEVELOPMENT PREPARED FOR: Marian H. Gerace and Wallace L. Lewis, Jr. c/o Steven A. Landy, Esq. Greenberg Traurig Attorneys at Law 1221 Brickell Avenue Miami, Florida 33131 PREPARED BY: PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP 5133 CASTELLO DRIVE SUITE 2 NAPLES, FLORIDA 34103 239 / 263 -6934 / 263 -6981 FAX PDI MRF @ AOL.COM DATE FILED: July 12,2002 DOCUMENT DATE: May 15, 2003 DATE REVIEWED BY CCPC: April 17, 2003 DATE APPROVED BY BCC: May 13, 2003 ORDINANCE NUMBER: 03 -23 •E TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL DISTRICT 3 -1 SECTION IV RECREATION DISTRICT 4 -1 EXHIBITS EXHIBIT A LIVINGSTON VILLAGE PUD MASTER PLAN �k STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Wallace L. Lewis and Marian H. Gerace, hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 149± acres of land located in Section 19, Township 49 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Livingston Village. The development of Livingston Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Livingston Village is compatible with adjacent land uses as required in Policy 5.4 of the FLUE through the internal arrangement of land uses, the placement of vegetative buffers, and the proposed development standards contained herein. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the FLUE and therefore is eligible for the base density of four units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 3.9 units per acre which is less than the maximum density provided by the Density Rating System contained in the FLUE and therefore is consistent with the FLUE, Policy 5.1. SHORT TITLE This ordinance shall be known and cited as the "LIVINGSTON VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE ". SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Livingston Village PUD, and to describe the existing condition of the property proposed to be developed. The Livingston Village PUD is located within Collier County. 1.2 LEGAL DESCRIPTION The subject property being: A part of the North '/2 of the North '/z of Section 19, Township 49 South, Range 26 East, less and excepting Interstate 75 Right -of -Way located in Collier County, Florida Beginning at the Northwest corner of said Section 19; thence along the north line of said Section, South 89 037'04" East 4886.95 feet to the west right -of -way of Interstate 75; thence along said right -of -way South 0007'55" West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20 -21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 3943, North 89 036'39 "West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00 033'56" East 1326.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Containing 148.98 acres more or less. Bearings are based on the north line of the Wyndemere community being North 89 036'39" West. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Wallace L. Lewis, Jr. and Marian H. Gerace, hereinafter jointly called "applicant or developer". I 8 1-2 !0 1.4 GENERAL DESCRIPTION OF PROPERTY A. The total site area is 1491 acres and is located immediately north of the Wyndemere residential community along Livingston Road and extends eastward to the right -of -way of Interstate 75. This parcel is located within Section 19, Township 49 South, Range 26 East, Collier County, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. i SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Livingston Village PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Livingston Village has an area of 149± acres and shall consist of a maximum of 590 residential units developed as a mixture of single and multi - family residences in a community of individual residential tracts, and shared open space features. The project's primary access shall be from Livingston Road via an entry drive or public road located along the northerly property line of the subject property. A secondary access from Livingston Road shall be located approximately 660 feet north of the property's southerly boundary. The Livingston Village PUD Master Plan is illustrated graphically on Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Livingston Village PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Unless modified, waived or excepted by this PUD Document, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. 2 -2 8A E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.2.4. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. 2.4 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during the preliminary subdivision plat approval process. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all internal project roadways in accordance with the standards established herein and applicable provisions of the Land Development Code. Roadways within the Livingston Village PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: A. LDC Sections 3.2.8.3.19: Street name signs shall be approved by the Engineering or Transportation Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street Pavement painting, street striping, and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be waived and no minimum shall be required. C. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right -of -way width shall be no less than 50 feet. D. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul -de -sac streets shall be waived. The maximum length shall be 1,400 feet unless extended upon review and approval of the Fire District. E. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. F. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. G. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non -paved areas of the right -of -way shall be waived to allow the installation of decorative planters and alternative ground cover. H. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be substituted upon submittal of the necessary data to support the substitution at the time of development plan submittal and approval of the Engineering Services Director. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Livingston Village Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. C. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 of the LDC. D. Lake Setbacks Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross - sections, and need for barriers. 2. With the exception of the Collier County drainage easement along the project's south property line, lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Livingston Village PUD. E. Blasting may be utilized in the excavation process provided that such use is located a minimum of 350 feet from off -site structures and provided such excavations meet the setback requirements and other provisions of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 MODEL HOMES /SALES CENTERS /SALES OFFICES /CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers (related to the promotion and sales for the development such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs) shall be permitted principal uses throughout the Livingston Village PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the LDC. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each NL**� subdivision phase. The model home /sale centers temporary use permits shall be valid for five years. An annual extension of this temporary use may be permitted with the review and approval of the Planning Services Director. These uses may be either wet or dry facilities. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable water, existing lakes or irrigation wells for irrigation. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Livingston Village PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Livingston Village PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Livingston Village PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preservation area. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association or other similar entity whose function shall include provision for the perpetual care and maintenance of all common facilities and open space subject further to the provision of the LDC, Section 2.2.20.3.8. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Livingston Village PUD. The following standards shall apply: 2 -5 A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Structural walled berms — vertical and located at the rear of a required landscape buffer B. The maximum height of the berm adjacent to 1 -75 is 22 feet, as measured from existing grade. A landscape berm adjacent to 1 -75 shall be as required in Section 2.4.4.18.1 of the LDC. C. The maximum height of any combination of perimeter landscape berm, fence or wall adjacent to 1 -75 is an eight foot wall or fence on top of a 22 foot berm measured from the highest crown elevation of 1 -75. D. The maximum height of all other fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.12 of this Document, and shall be governed by the height limitations for principal structures of the internal land use designation in which they are located. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. F. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Livingston Village PUD prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. G. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a 5 foot setback from development boundaries where adjacent to a public right -of -way and a 2 foot setback from all other land uses. H. Fences or walls may be placed zero feet from the internal right -of -way provided that shrubs are provided in the right -of -way and may be located five feet from project perimeter, subject to review and approval by the Transportation Division at time of SDP review. 1. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. la-i" J. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers /easements, in accordance with Subsection 2.4.7.3 of the Land Development Code. K. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be installed prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive spacing of one per lot or one per 50 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 10 -foot height at installation. Street trees shall be located within 10 feet of the edge of pavement and between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 6 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Street Tree Master Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements and other applicable Code provisions. 2.10 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a temporary principal use throughout the Livingston Village PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Livingston Village PUD except in the Preserve District. General permitted uses include earth mining, rock crushing and excavation operations, which are directly related to and necessary for onsite development, and those uses which generally serve the residents of the Livingston Village PUD and are typically part of the common infrastructure or are considered community facilities. • 2 -7 A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape / hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.9 of this PUD and the Land Development Code. 9. Fill storage, site filling and grading are subject to the standards set forth in Section 2.10 of this PUD. 10. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback except that access control structures shall have a setback of 100 feet from public right -of -way external to the project. 2. Other general permitted uses shall be set back a minimum of five feet from property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping —five feet 4. Minimum distance between unrelated structures — ten feet 5. Maximum height of buildings — 35 feet 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. N.-U916 8. Sidewalks and bikepaths may occur within County required buffers, in accordance with Subsection 2.4.7.3 of the Land Development Code. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Livingston Village PUD are to be in accordance with the LDC provision in effect at the time of site development plan, subdivision plat or building permit application, as may be applicable. 2.13 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS There are approximately 14.6 acres of native vegetation currently on site. Per Section 3.9.5.5.3 of the LDC, twenty -five percent of the native vegetation (3.7 acres) is required to be retained on -site. The four acres of preserve areas within the drainage easement on site shall fully satisfy the LDC requirement and Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 2.15 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Department review staff prior to final plat/construction plan approval. A schedule for exotic removal within the preservation areas shall be submitted with the above - mentioned plan. 2.16 AGRICULTURAL ACTIVITIES The site has been used and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use until such time as residential development has commenced. 2.17 SIGNAGE A. General All Collier County sign regulations in force at the time of permit approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County owned right -of -way, a right -of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers /easements. B. Residential Project Entrance Signs Entrance signs may be located at each side of each entrance to the project and may be one, two or three - sided. A maximum of two 1- sided, one 2- sided, or one 3 -sided entrance signs may be permitted at each entrance. 2. No sign face area may exceed 60 square feet and the total sign face area of entrance signs at each entrance may not exceed 120 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from any rights -of -way and any perimeter property line shall be five feet. 4. Entrance signs may be lighted provided all lights are directed at the sign or are shielded. 5. Entrance signs may not exceed a height of 15 feet above the finished ground level of the sign site. For the purpose of this Section, finished ground level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. 6. The southeast corner of the intersection of Livingston Road and the entry drive at the project's northern property line (or the Green Boulevard Extension public roadway), shall be considered a residential project access and may be improved with residential project entrance signage. C. Interstate 75 Sign A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the development and /or the insignia and shall not contain promotional or sales material. The ground sign shall be compatible architecturally with the unified theme of the PUD. Such ground sign shall not exceed 200 square feet and shall have a maximum height of 20 feet. Sign area shall not include landscaped and architectural enhancements and treatments. D. Internal Signs in the Residential Districts Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights -of -way may be zero feet. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Livingston Village PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. q 2 -10 8 2. Residential directional or identification signs may be allowed internal to the subdivisions. Such signs may be used to identify the location of or direction to approved uses such as models or model sales centers, clubhouse, and recreational areas. Individual signs may be a maximum of four square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of eight feet. No building permit is required, unless such signs are combined to form a menu board. E. DirectionallIdentification Signs Directional or identification signs may be allowed internal to the Livingston Village PUD. Such signs may be used to identify the location of or direction to approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of six square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. F. Real Estate Signs The developer may locate real estate signs within the project. The signs shall have a maximum size of six square feet per side. Such signs may advertise "For Sale ", "Sold To ", or "Lot W. No building permit is required. G. Temporary Signs 1. Temporary signs may be permitted and may consist of the following types: project identification, real estate, sales center identification, and directional. 2. All other temporary signs may not exceed 32 square feet in area. If the sign is two - sided, each sign face may not exceed 32 square feet in area. 3. The setback for temporary signs from internal rights -of -way shall be five feet. 4. Temporary signs may not exceed 10 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the issuance of the certificate of occupancy for the 442nd residential unit. 6. Special Event Signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet from any property line. No building permit is required. 7. Grand Opening Signs: 2 -11 The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. A banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months of opening for business. 8. No building permit is required for temporary signs as listed above. 9. No temporary signs shall be visible from the 1 -75 Right -of -Way. H. Construction Entrance Signs 1. Two "construction ahead" signs may be located ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. I. Traffic Signs Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 2.18 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.19 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way, or within dedicated County utility easements, shall be conveyed to Collier County pursuant to Collier County Ordinance 97 -17, as amended, except as may be provided in Section 2.8 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.8 of this Document. C. Temporary construction and /or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable or irrigation wells. D. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks /paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalk /paths, or 2 -12 modification /reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.20 TRANSPORTATION The development of this PUD shall be subject to and governed by the following stipulations. A. All traffic control devices and design criteria used shall be in accordance with the applicable standards of the LDC and applicable standards of the Florida Department of Transportation (FDOT) unless otherwise addressed within this PUD document. B. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting shall be in place prior to the issuance of the first permanent Certificate of Occupancy (CO). C. Site related improvements will not be considered for impact fee credits. D. Road Impact Fees will be paid in accordance with the appropriate Collier County Ordinances, as amended. E. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and LDC, as amended. Median access and control will remain under Collier County Transportation Staff's authority. Collier County Transportation Staff reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. F. Sidewalks and bicycle travel ways shall be designed consistent with the applicable LDC provisions. G. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for their "fair share" of the cost of any and all traffic signal(s), at any and all development entrances(s), when determined warranted and approved by Collier County Transportation Staff. The developer shall be eligible for impact fee credits for expenditures above its fair share contribution. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier County, and will then be operated and maintained by Collier County Transportation Operations Staff. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage / impact. 2 -13 H. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) as required by the LDC or other applicable ordinance prior to the issuance of the first permanent CO. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are required, right -of -way and /or compensating right -of- way, shall be provided when required by applicable provisions of the LDC in conjunction with said improvement(s). I. All work within Collier County right -of -way shall meet the requirements of Collier County Ordinance No. 93 -64, as amended. J. All internal access(as), drive aisle(s), and sidewalk(s), not located within County right -of -way, will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). K. If a gate is proposed at any and/or all development entrance(s) they shall be designed to provide a minimum depth of 100 feet to the development key pad /phone box and turn - around area in front of any and/or all such gate(s). L. The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road and/or the future east -west extension from Whippoorwill Lane to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid - section line of Section 18, approximately 4.5 acres ( "Western Roadway Reservation Area "), and the northernmost 100 feet width between the mid - section line of Section 18 and I- 75, approximately 5.3 acres ( "Eastern Roadway Reservation Area "). This reservation is made, in part, to accommodate a potential alignment of the potential westward extension of Green Boulevard for which an alignment study is scheduled to be undertaken between the years 2003 and 2004. Any request for dedication of said reservation which is limited to support the east - west extension of Whippoorwill Lane, or any request for dedication of the Western Roadway Reservation Area only, shall require prior listing of this roadway segment on the County's current and funded five -year Capital Improvement Schedule adopted as part of the Growth Management Plan. Any request for dedication of said reservation area which is limited to support the east -west extension of Whippoorwill Lane shall be limited to the Western Roadway Reservation Area only. This reservation shall expire January 15, 2006. Prior to January 15, 2006, the developer agrees to dedicate said reservation area to the County upon receipt of the County's request, and upon satisfaction of the above with respect to the t.� 2 -14 Western Roadway Reservation Area, if applicable. The Western Roadway Reservation Area shall be provided to the County without compensation and as required by Subsection 2.2.20.3.7 of the LDC. A dedication of the Eastern Roadway Reservation Area shall be in exchange for road impact fee credits equal to the fair market value of the property dedicated to the County and as required by Subsection 2.2.20.3.7 of the LDC. In the event that the developer has completed the project and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. In the event that impact fee credits are not available for use to acquire the reserved area, then compensation shall be made in cash. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as improvements in the evaluation of the land's value nor shall the project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed terminated as provided below. For example, improvements within the reserved area shall be in addition to the required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows the Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. The developer further reserves the right to utilize the area reserved to the County for a project access driveway extending to a project entry which is proposed to be located approximately one - quarter mile east of Livingston Road. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. In the event the driveway improvements are commenced prior to the termination for the reservation of the Western Roadway Reservation Area, or after the County's acquisition of either Reservation Area, the Developer shall construct the improvements consistent with the design standards of 2 -lanes of the proposed 4 -lane Green Boulevard Extension urban cross section or an approved cross section for Whippoorwill Lane, as may applicable, or any other alternative design cross section and associated standards acceptable to the Collier County Transportation Department. The Developer shall not be entitled to road impact fee credits for these driveway improvements. Should the County not elect to request the dedication of the reservation lands prior to the above date, then the reservation will be deemed terminated and the 2 -15 8A encumbered acreage shall be released and may be incorporated into the project as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Development Code. 2.21 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, 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. 2.22 MONITORING REPORT AND SUNSET PROVISIONS A. The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.23 INTERSTATE 75 BUFFER REQUIREMENTS The landscape buffer to Interstate 1 -75 right -of -way shall have a minimum width of 20 feet measured from the existing eastern property line of the subject property. This buffer shall minimally meet the landscape installation requirements for Type D buffer as provided in the LDC. Additionally, the buffer improvements shall be designed to have an overall height of 25 feet at installation, as measured from the adjacent right -of -way grade. This height shall be achieved by the use of one or more of the following elements: trees, berm and wall. The maximum height of any wall element shall be eight feet and shall be screened on both sides by a hedge or County approved landscaping equivalent with a minimum height at installation of one -half the height of the wall. Said hedge or landscaping equivalent shall be maintained at a minimum height of 6 feet and must achieve this height within 2 years of the initial installation. Any wall or berm component use shall be consistent with development standards of this PUD or if not addressed, the applicable LDC development standard. Should a wall component be utilized, one -half of the required trees shall be installed on each side of the wall and the required trees shall be evenly spaced. Landscape improvements that exceed the minimum development standards of this PUD 2 -16 Section shall be located at the discretion of the developer and need not comply with native species, palm restrictions, or minimum dimensional requirements of the LDC. Minimum standards for the spacing of the required trees required to reach the installation design height of 25 feet shall be 15 feet for palms. Should palms be utilized, then said palms shall be complimented by a mid -story installation of shade trees with a minimum spacing of 1 shade tree per 30 linear feet and an overall height at installation of 14 feet. SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE 3 -1 8 The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "R1" and "R2 ". 3.2 MAXIMUM NUMBER OF DWELLING UNITS The number of dwelling units to be built in Livingston Village pursuant to this PUD will not exceed 590. 3.3 GENERAL DESCRIPTION Areas designated as "R1" and "R2" on the Livingston Village PUD Master Plan are designed to accommodate a range of residential dwelling types, compatible accessory uses, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1", and "R2" Districts is indicated on the Livingston Village PUD Master Plan. This acreage is based on conceptual design and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES - "R1" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse, two - family and duplex dwellings. 3. Zero lot line dwellings. 4. Model homes, sales centers including administrative offices and construction offices. 5. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such a use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, and other facilities intended for outdoor recreation, project maintenance facilities, guest 3.5 M x � 3 -2 houses, boat docks (for residents of the project and their guests), garages, pools and other recreational facilities. 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein by Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. PERMITTED USES AND STRUCTURES - "R2" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R1" District herein. 2. Multi- family dwellings. B. Accessory Uses: 1. Accessory uses and structures customary associated with principal uses permitted in this District, including gazebos, pedestrian and bicycle paths, swimming pools, garages, pools and other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. DEVELOPMENT STANDARDS A. Table 3 -1 sets forth the development standards for land uses within the "R1" and "R2" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 3 -1 shall be established during site development plan approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district allowing uses most similar to the proposed use. F. Attached or detached residences which include bedroom suites accessed from a courtyard and not the main house are permitted providing that: 3 -3 The bedroom suite structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance from the street of being one single - family residence and elevation; 2. The bedroom suite structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The bedroom suite structure shall not contain the residence's primary cooking facilities. 3 -4 TABLE 3 -1 . plspm r%r%nm=L r crAMneQnC ;: 1R THE "R1 and RV RESIDENTIAL DISTRICT 1 Front yards are measured from the oacK or curd of euyc U1 Pawn 1V1 1L k1l i iva ­-1. 2. Where adjacent to a lake or open space feature, setback is reduced to zero -feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. Zero feet (0') or a minimum of six feet (6) on either side except that where zero foot (0') is utilized, the opposite side of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is ten -feet (10'). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side yard setback and such improvement(s) will prohibit access to the rear yard for maintenance purposes, then an appropriate access easement with a minimum width of 3 feet shall be provided. 5. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7. Guest houses or bedroom suites are subject to setbacks requirements for principal structures 8. Accessory pool enclosure /screen lanai setback may be reduced to zero feet (0') when attached to common privacy wall. 9. Accessory pool enclosure /screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principal residence and a quest house shall have a minimum lot area equal to 1' /Z times the minimum lot area requirement of the principal use. 13. Limited to a maximum of three (3) habitable stories. SINGLE SINGLE ZERO LOT O FAMILY & FAMILY MULTI FAMILY FAMILY DETACHED LINE DUPLEX ATTACHED & TOWNHOUSE DWELLINGS Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 2,000 sq. ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 20 ft. 60 ft. Principal & 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Accessory Side Entry Front Yard Garage loft. loft. loft. loft. loft. Setback' 7, and /or Front 10 Porches Garage or Carport on n/a n/a n/a n/a 0 ft. Parking Lot Accesswa Rear Yard 2' 6' Principal 10 ft. loft. 10 ft. 10 ft. 10 ft. Setback Accessory ' ' 5 ft. 5 ft. 5 ft. 5 ft. 10 ft. 10 Side Yard Setback Principal & Accessory 6 ft. 0 ft or 6 ft. 0 ft or 6 ft. 0 ft or 6 ft. 10 ft. 2,4,7,8,9,10 Maximum Height 3,13 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. Minimum Distance Between 10 ft. loft. 10 ft. 10 ft. 20 ft. Principal Structures Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. Setback from Preserve — 25 ft 25 ft. 25 ft. 25 ft. 25 ft. Principal Structures Setback from Preserve — 10 ft. loft. 10 ft. 10 ft. 10 ft. Accessory Structures 1 Front yards are measured from the oacK or curd of euyc U1 Pawn 1V1 1L k1l i iva ­-1. 2. Where adjacent to a lake or open space feature, setback is reduced to zero -feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. Zero feet (0') or a minimum of six feet (6) on either side except that where zero foot (0') is utilized, the opposite side of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is ten -feet (10'). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side yard setback and such improvement(s) will prohibit access to the rear yard for maintenance purposes, then an appropriate access easement with a minimum width of 3 feet shall be provided. 5. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7. Guest houses or bedroom suites are subject to setbacks requirements for principal structures 8. Accessory pool enclosure /screen lanai setback may be reduced to zero feet (0') when attached to common privacy wall. 9. Accessory pool enclosure /screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principal residence and a quest house shall have a minimum lot area equal to 1' /Z times the minimum lot area requirement of the principal use. 13. Limited to a maximum of three (3) habitable stories. SECTION IV RECREATION DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "REC ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation District is indicated on the Livingston Village PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Tract is designed to accommodate customary recreational and amenity uses for a planned residential community. Depiction of the Recreational land use on the PUD Master Plan does not obligate Developer to designate a recreational land use for this acreage and this area may be developed with R1 or R2 District land uses. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Community and recreational uses and facilities such as clubhouse and similar facilities that serve as an integral part of a residential development. 2. Shuffleboard courts, tennis courts, swimming pools, children's playgrounds and other facilities intended for outdoor recreation. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation District. 5. Utility, water management and rights -of- way /access easements. 6. Lakes and water management facilities. 7. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 8. Lake excavations as permitted by Division 3.5 of the LDC. B. Accessory Uses: 1. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. In 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 10 feet from "REC" District boundaries and private roads, and 25 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. In no instance shall any structure encroach into a required landscape buffer. Accessory structures shall be set back a minimum of five feet from "REC' District boundaries and private roads, and 20 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. 2. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. 3. Maximum height of buildings — 35 feet. 4. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping —10 feet. 5. Minimum distance between all other principal structures — 15 feet. 6. Minimum distance between all other accessory structures — 10 feet. 7. Minimum floor area - None required. 8. Minimum lot or parcel area - None required. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. 60 Ma� V SUMM77. w mlwm � wl UN ao�A E3 af2d 70V77IA —NOJSDNIAIl 031VYOdHOONI IN3WdO73A3G ONINNV7d tl y..._.._.._. ...... ........ m m v v 0 (3) .0 En Z w LL w 20 W Z Liz 0 0 w UJLU Ow Z F— z 6- LU W z LU W < enu) cr LLJ CO z< < &j 0 LLI LuLLI LLI W cr cr 0--d 0 w W IL (L 0 0 D U) gri LU U) D ul x Zi El O i i Q am Cm Cql P Do oo o EM 110 g.� sz! g m"? W 006, F- A Z 0 Z <ZU- Z' LU 06 Z W F-,ORWHS< Z.9 El OV08 NOISONIAI-I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -23 Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of May, 2003. r DWIGHT E. BROgK Clerk of Courts. and Clex'k Ex- officio to Boar�c% •df - County Commissioners �x By: Marie Clos, Deputy Clerk :r 8 A 3 -4 TABLE 34 DEVELOPMENT STANDARDS FOR THE "R1 and R2" RESIDEN I E DISTRI MULTI SINGLE TWO FAMILY ZERO LOT FAMILY & FAMILY FAMILY LINE DUPLEX ATTACHED & DWELLINGS DETACHED TOWNHOUSE Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 2,000 sq. ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 20 ft. 60 ft. Principal & 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Accesso Side Entry loft. Garage loft. loft. loft. loft. Front Yard and /or Front Setback"" 10 Porches Garage or 0 ft Carport on n/a n/a n/a n/a Parking Lot Accesswa loft. loft. Rear Yard Principal loft. loft. loft. Setback z' s' 1 ssory S ft. 5 ft. 5 ft. 10 ft. 7,11 cce 5 ft. Side Yard Setback Principal &Accessory 6 ft. O ft or 6 ft. O ft or 6 ft. O ft or 6 ft. loft. 2,4,7,8,9,10 Maximum Height 3'12 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. Minimum Distance Between 10 ft. loft. loft. loft. 20 ft. Principal Structures 750 sq.ft. Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. Setback from Preserve — 25 ft 25 ft. 25 ft. 25 ft. 25 ft. Principal Structures loft. Setback from Preserve — loft. loft. loft. loft. Accesso Structures from the back of curb or edge of pavement (if not curbed). 1 Front yards are measured 2. Where adjacent to a lake or open space feature, setback is reduced to zero feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. opposite side 4. Zero feet (0') or a minimum of six feet (6') on either side except that where zero foot (0') is utilized, yards may be of the structure shall have a minimum distance between structures of ten feet (10'). Zero foot (0') y used on either side of a structure provided that the distance between structures is ten -feet (10'). Patio and pool enclosures, pools and similar accessory uses may encroach into any side yard. Where a physical improvement(s) is proposed to be placed within the side access easement with a m nrimumw' width of3 feet shall be provided. for ll prohiit access to the rear yar maintenance purposes, then an appropriate 5. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the back of curb or edge of pavement (if not curbed). 7. Guest houses or bedroom suites are subject to setbacks requirements for principal structures B. Accessory pool enclosure/screen lanai setback may be reduced to zero feet (a) when attached to common privacy wall. 9. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). , arbors, and courtyard entry features shall be exempt from the minimum yard 10. Common architectural features such archways requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principal residence and a quest house shall have a minimum lot area equal to 1' /Z times the minimum lot area requirement of the principal use. 13 Limited to a maximum of three (3) ham qto&$ = EXHIBIT Are 8A ,�13io3 9 A"i RESOLUTION NO. 2003 -177 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO APPOINT JAMES A. PETERKA TO THE COLLIER COUNTY AIRPORT AUTHORITY. WHEREAS, the Board of County Commissioners, on November 14, 1995, adopted Collier County Ordinance No. 95 -67 which created the Collier County Airport Authority; and WHEREAS, Ordinance No. 95 -67 provides that the Collier County Airport Authority shall consist of seven (7) members that are residents of Collier County with business ability and experience in one or more fields which include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields; and WHEREAS, Ordinance No. 95 -67 also provides that if possible, at least one of the seven (7) members shall be from each of the communities of Immokalee, Marco Island, and Everglades City; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Airport Authority 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 James A. Peterka, representing the categories of Public Affairs, General Business and Aviation is hereby appointed to the Collier County Airport Authority to fulfill the remainder of the vacant term, said term to expire on August 10, 2005. This Resolution adopted after motion, second and majority vote. DATED: May 13, 2003 ATTEST: DWIQW ,E,.,BRQCK, Clerk "' Ate§t `ea to Cho.. i : s 6ti �re on`; y �� i �y�.�T' y�®��w ova• {„`ir.�J'� La/V•� �U w^i1W�`�`� Approved, as to form and legal sufficiency: David C. Weigel County Attorney DCW /kn: h; publ ic; kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By 7 o TOM NNIN , Chairman 0,� 9 B !", RESOLUTION NO. 2003 -178 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO REAPPOINT MEMBERS TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2001 -03, as amended, creating the Collier County Coastal Advisory Committee; and WHEREAS, Ordinance No. 2001 -03 provides that the Coastal Advisory Committee shall be composed of nine (9) members whose representation shall consist of three (3) members from the unincorporated area of Collier County, 3 members from the City of Marco Island, and 3 members from the City of Naples; and WHEREAS, the terms of two members, including a member from the City of Naples, will expire; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, in a letter dated April 17, 2003, the City of Naples has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. John P. Strapponi is hereby reappointed to the Collier County Coastal Advisory Committee for a 4 year term, said term to expire on May 22, 2007. 2. Ronald M. Pennington, representing the City of Naples, is hereby reappointed to the Collier County Coastal Advisory Committee for the remainder of the vacant term, said term to expire on May 22, 2007. This Resolution adopted after motion, second and majority vote. DATED: May 13, 2003 ATTEST: DWIQ4iT' : "BRQQK, Clerk c • , (ink Approved as-to form and legal sufficiency: David C. Weigel County Attorney DCW /kn /h;public; kay;advisoryboa rds BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA a� i r r r �ra71=-= RESOLUTION NO. 2003 -179 1 9C A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO APPOINT MICHAEL S. MCCAMBELL TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91 -10, as amended; and WHEREAS, Ordinance No. 91 -10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the 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 Michael S. McCampbell is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term, said term to expire on February 4, 2004. This Resolution adopted after motion, second and unanimous vote. DATED: May,13, 2003 ATTE$X t" , ai ch,iklotvan ' s Approved as'tb'form and legal sufficiency: David C. Weigel County Attorney DCW /kn : h; pu bl ic; kay; advisoryboa rd s BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J-Acg� • TOM H ING, C16airman M, I RESOLUTION NO. 2003 -180 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO APPOINT WILLIAM J. VARIAN TO THE COLLIER COUNTY BUILDING BOARD OF AD3USTMENTS AND APPEALS WHEREAS, Ordinance No. 91 -102, The Land Development Code, as amended, provides that the Collier County Building Board of Adjustments and Appeals shall be composed of five (5) members and is established for the purpose of providing a decision - making body through which an owner of a building or structure may appeal the rejections or refusal of the Building Official to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of that building or structure; 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 J. Varian meets the prerequisites for appointment and is hereby appointed under the category of Class "A" General Contractor to the Building Board of Adjustments and Appeals to fulfill the remainder of the vacant term, said term to expire on August 9, 2004. This Resolution adopted after motion, second and majority vote. DATED: May 13, 2003 ATTEST: DWMH K,,Plerk IG` CS oil �J A to �.ea` �yy Approv4gilo'f6rm and legal sufficiency: David C. Weigel County Attorney DCW /kn: h; public; kay;advisoryboards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • By: TOM HENNING, Chairman 1W RESOLUTION NO. 2003 - 181 A RESOLUTION AUTHORIZING THE CONDEMNATION OF A FEE SIMPLE INTEREST IN PROPERTY REQUIRED FOR THE CONSTRUCTION OF A STORM WATER TREATMENT POND ALONG GOLDEN GATE BOULEVARD REQUIRED FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG 13TH STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD SOUTH TO 16TH AVENUE SW (PROJECT NO. 69068). FISCAL IMPACT: $200,000.00. WHEREAS, a bridge over the Golden Gate Main Canal has recently been constructed on 13th Street Southwest in order to enhance fire, rescue and emergency medical response capabilities to more southerly portions of Golden Gate Estates; and WHEREAS, the existing pavement on 13th Street Southwest must be widened in order to accommodate the width of fire, rescue and emergency medical service vehicles; and WHEREAS, the widening of 13th Street Southwest will necessitate the closure of one of the roadside ditches which was recently widened and reshaped to treat stormwater run -off from Golden Gate Boulevard, prior to its discharge into the Golden Gate Main Canal; and WHEREAS, water quality standards for discharge into the Golden Gate Main Canal established by the South Florida Water Management District require that the roadside ditch stormwater treatment lost to the widening of 13th Street must be replaced in some form or another; and WHEREAS, on March 26, 2002, the Board of County Commissioners approved a Budget Amendment required to fund a Professional Engineering Services Agreement with WilsonMiller, Inc. under Work Order Number WMI -02 -04 for Project Number 69068, in order to design an alternative stormwater treatment system for the Golden Gate Boulevard run -off; and WHEREAS, WilsonMiller, Inc., has produced a design plan to treat the roadway stormwater runoff from a portion of Golden Gate Boulevard in a five (5) acre retention pond; and WHEREAS, the construction of the storm water retention pond currently being designed by WilsonMiller, Inc., on that property described as Golden Gate Estates Unit 9, Tract 50, is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County; and WHEREAS, after consideration of the availability of 5 acre parcels, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the stormwater retention pond for the treatment of stormwater from Golden Gate Boulevard and 13th Street Southwest (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is Golden Gate Estates Unit 9, Tract 50. AND IT IS FURTHER RESOLVED that the location of the stormwater treatment pond has been determined based on hydraulic and operational characteristics, maintenance considerations and minimization of wetland impacts. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the real property interest described as Golden Gate Estates Unit 9, Tract 50 in fee simple. AND IT IS FURTHER RESOLVED that the property shall be put to public purpose. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, fee simple title to the real property more particularly described as Golden Gate Estates Unit 9, Tract 50. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution adopted on this X? day of , 2003, after motion, second and majority vote. .wy � =tIT. SRO; CLERK f ft- t a:' ta, thai s ly Approved as to form and legal suffic'ency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLIr CO ,FLORIDA By: TOM NNIN , CHAIRMA Page 2 - AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between BRYAN PAUL, INC., a Florida corporation, and THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, (said parties hereinafter collectively referred to as "Sellers" and individually as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Sellers are the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Sellers are agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT. 1.01. In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Sellers shall sell to Purchaser and Purchaser shall purchase from Sellers the Property, described in Exhibit "A ". 1.02. Closing of this transaction is subject to concurrent closing of that certain Agreement for Sale and Purchase by and between Purchaser and the J. R. Paul, Jr. Family Limited Partnership for the conveyance of an adjoining 146.07 acres to Purchaser. II. PAYMENT OF PURCHASE PRICE. 2.01. A. The Purchase Price (the "Purchase Price ") for the Property owned by Bryan Paul, Inc ( "Parcel "A ") shall be Two Hundred Seventy Two Thousand Eight Hundred Dollars ($272,800.00) ($27,500.00 /acre for 9.92 acres) (U.S. currency) payable as outlined herein. B. The Purchase Price (the "Purchase Price ") for the Property owned by the Bryan W. Paul Family Limited Partnership (Parcel "B ") shall be One Million Six Hundred Fifty -Five Thousand Seven Hundred Seventy -Five Dollars ($1,655,775.00) ($27,500.00 /acre for 60.21 acres) (U.S. currency) payable as outlined herein. C. Within fifteen (15) business days of the execution by both parties hereof Purchaser shall deposit with Woodward, Pires & Lombardo, P.A. as Escrow Agent the following deposit as to each parcel deposit (representing 5% of the Purchase Price of the Parcel): I. As to Parcel "A ": $13,640.00 II. As to Parcel "B ": $82,788.75 The deposit shall be held by Escrow Agent in an interest bearing account to be disbursed as provided herein. In the event that the sale of the Property as contemplated by this Agreement is closed in accordance with the terms and 1 Escrow Agent shall apply conditions hereof, the Es g pp Y the earnest money deposit and lo any interest thereon to the Purchase Price due on the date of closing. In the event the Purchaser defaults under this Agreement or fails to close within fifteen (15) days after the established closing date as set out in 3.01for any reason other than a default by the Sellers or a catastrophic event beyond the reasonable control of the Purchaser, the Escrow Agent shall release the earnest money to the Sellers as actual damages for the Purchaser's failure to close, and the Parties shall have no further obligation to one another under this Agreement. In the event the Sellers fail to close within fifteen (15) days after the established closing date as set out above for any reason, to include any failure to deliver good and marketable title to the real property, the Escrow Agent upon request of Purchaser shall release the earnest money to the Purchaser and the Parties shall have no further obligation to one another under this Agreement. III. CLOSING. 3.01. The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011. Sellers shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, except to the extent, if any, expressly accepted by Purchaser in writing. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. At the Closing, the Sellers shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111. Warranty Deed in favor of Purchaser conveying title to the Property, including but not limited to any existing wells currently located on the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112. Combined Purchaser - Seller closing statement. 3.0113. A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "Gap" and issue the policy contemplated by the title insurance commitment. 3.0114. A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012. At the Closing, the Purchaser, or its authorized agent, shall cause to be delivered to the Sellers the following: 3.0121. A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Sellers until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Sellers and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122. Funds payable to the Sellers representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02. Each party shall be responsible for payment of its own attorney's fees. 0 Sellers, at their sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Section 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Sellers' title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03. Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Sellers. If Closing occurs at a date for which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS. 4.01. Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Sellers, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011. Within fifteen (15) days after the date hereof, Purchaser shall obtain an updated title commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the updated title insurance commitment, to notify Sellers in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Sellers written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012. If Purchaser shall fail to advise the Sellers in writing of any such objections in Sellers' title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Sellers shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Sellers, at their sole expense, shall use their best efforts to make such title good and marketable. In the event Sellers are unable to cure said objections within said time period, Purchaser, by providing written notice to Sellers within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement, in which event the Sellers and Purchaser will be released from any liability under this Agreement and the deposits shall be returned to Purchaser. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A ", if any. Sellers agree to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL. 5.01. Purchaser has obtained the two (2) required appraisals in order to determine the value of the Property pursuant to the requirements of Section 125.355, Florida Statutes. The agreed Purchase Price stated in Paragraph 2.01 exceeds the average of said two (2) independent appraisals, but does not exceed the highest assessed value of those two (2) appraisals. Approval of this Agreement will c require app roval b y an affirmative vote of not less than four (4) members of the 10 p, Board of County Commissioners. VI. INSPECTION PERIOD. 6.01. Purchaser shall have thirty (30) days from the date of execution of this Agreement by both parties, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended uses intended by Purchaser, which uses are specified below in Section 11.023. 6.02. If Purchaser is not satisfied, for any reason whatsoever, with the results of the aforementioned investigation, Purchaser shall deliver to Sellers prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Sellers in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Sellers copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03. Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and /or any other investigation(s) deemed by Purchaser to be necessary. Purchaser shall, in performing such tests, use due care and shall indemnify Sellers on account of any loss or damages occasioned thereby and against any claim made against Sellers as a result of Purchaser's entry. Purchaser shall notify Sellers no less than twenty -four (24) hours prior to said inspection of the Property. VII. INSPECTION. 7.01. Sellers acknowledge that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing subject to the provisions contained herein. VIII. POSSESSION. 8.01. Purchaser shall be entitled to full possession of the Property at Closing, except to the extent, if any, provided otherwise by the reserved use rights to utilize the Property for citrus operations as outlined further in Section 14.12 herein. IX. PRORATIONS. 9.01. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Sellers. X. TERMINATION AND REMEDIES. 10.01. If any party shall have failed to perform any of the covenants and /or agreements contained herein which are to be performed by such party, within ten (10) days after written notification of such failure by the non - defaulting party, the party providing such notice may, at its option, terminate this Agreement by giving written notice of termination to the other defaulting party. Except as otherwise provided herein, each party hereto shall have the right to seek and enforce all rights and remedies that have not been waived and are otherwise available at law 10C or in equity to a contract vendee or contract vendor, including the right to seek specific performance of this Agreement. 10.02. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLERS' AND PURCHASER'S REPRESENTATIONS AND WARRANTIES. 11.01. Sellers and Purchaser represent and warrant the following: 11.011. Sellers and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Neither Sellers nor Purchaser are presently the subject of a pending, threatened or contemplated bankruptcy proceeding or any other court and/or administrative proceeding that might affect Sellers' or Purchaser's obligations under this Agreement. 11.012. Sellers have full right, power, and authority to own and operate the Property, and to execute, deliver, and perform their obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Except as to final approval of this Agreement by the Board of County Commissioners, all necessary authorizations and approvals have been obtained authorizing Sellers and Purchaser to execute this Agreement. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Sellers, if required by law, or if not required by law, if requested by the respective party. 11.013. The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Except as to all provisions in this Agreement that survive the closing, Purchaser's acceptance of a deed to the said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of the Sellers to be performed pursuant to the provisions of this Agreement. 11.014. No entity or individual other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.015. Sellers represent that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Sellers represent that they have no knowledge or reason to believe that any unlawful, unauthorized, or non - permitted pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Sellers represent that the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of any hazardous or any toxic substances or wastes, as such terms are defined in applicable laws and regulations (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), and there is no proceeding or inquiry by any authority with respect thereto. Sellers represent that they have no knowledge or reason to believe that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Sellers represent that except for above ground diesel fuel tanks located within containment areas in compliance with existing laws no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Sellers' ownership thereof. Sellers represent that none of the Property has been used as a sanitary landfill by Sellers. 11.016. Sellers have no knowledge nor reason to believe that the Property and Sellers' operations concerning the Property are in violation of any applicable 5 Federal, State or local statute, law or regulation, or of any notice from al 0 governmental body has been served upon, delivered to, or otherwise come to the attention of Sellers claiming or noticing any alleged violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which has not been complied with. 11.017. Sellers warrant that there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect Purchaser's planned uses of the property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts that will adversely affect Purchaser's planned uses of the Property other than those described, outlined, or provided for in this Agreement. 11.018. Neither Sellers nor Purchaser have knowledge or reason to believe that there are any claims, suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects or which may affect the Property or which adversely affects Sellers' ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.019. Sellers acknowledge and agree that Purchaser is entering into this Agreement based upon Sellers' representations stated above and on the understanding that Sellers will not attempt to cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing with the exception of continuing the current ordinary citrus grove operations. Therefore, except for ordinary citrus grove operations (and always subject to the Notice to Terminate such uses), Sellers agree not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which could change the physical condition of the Property or the governmental ordinances or laws governing any of the same. Sellers also agree to notify Purchaser promptly of any change in the facts contained in the foregoing representations, or of any claim, action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.020. At the Closing, Sellers shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.021. Notwithstanding anything elsewhere in this Agreement, including Section VI, Sellers represent, warrant and agree to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts, which costs are asserted, imposed, or incurred because of a Property condition that existed before Closing. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. r1 11.02 2. An y loss and /or damage to the Property between the date of thl 0 Agreement and the date of Closing shall be Sellers' sole risk and expense. 11.023. Purchaser plans to use the property to be purchased pursuant to this Agreement for a park site, a water treatment plant, a water reclamation facility, related utility facilities and any other then lawful uses; provided however, that Purchaser covenants and agrees (which covenant and agreement shall survive Closing, shall run with the land in perpetuity and shall be stated in the Deed from Sellers to Purchaser) that the Property shall be used only for a park site, a water treatment plant and a water reclamation facility. Sellers warrant that there are no existing easements for the use or benefit of Sellers or any partner, shareholder or co -owner of Sellers that will adversely impair or will adversely restrict any use of the property to be purchased by Purchaser. Therefore, if it is ever discovered or noticed that any provision of any such easement, if allowed to thereafter exist, will adversely restrict or impede any use by the Purchaser, the Purchaser may request the Sellers in writing to relinquish and otherwise extinguish their interest in each such easement provision that in the judgment of the County's Public Utilities Administrator, or his designee, reasonably exercised adversely impedes or restricts full use of the property to be purchased by the Purchaser, and upon written request from the Purchaser, Sellers will promptly deliver to the Purchaser (as the case may be) all fully executed documents deemed by the Purchaser to be needed to relinquish any and all such interests, all at no cost or expense to the Purchaser. 11.024. Purchaser plans to remove the Property from the Orangetree PUD. Purchaser plans either to rezone the Property into a new Planned Unit Development (PUD) or to have the Property otherwise rezoned as necessary prerequisite to using the Property as planned by Purchaser. Sellers hereby agree to fully cooperate with regard to such rezoning, all conditional use applications, and other approvals, with the understanding that such rezoning, conditional uses, and other approvals will be subject to all of the use restrictions specified in this Agreement, all of which shall survive the Closing. XII. NOTICES. 12.01. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Sellers: The Bryan W. Paul Family Limited Partnership c/o Bryan W. Paul County Road 78A, P.O. Box 2357 Labelle, FL 33935 If to Sellers: Bryan Paul, Inc. c/o Bryan W. Paul County Road 78A, P.O. Box 2357 Labelle, FL 33935 With a copy to: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, FL 34103 12.02. The addressees and addresses for the purpose of this Agreement may bl 0 changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be conclusively deemed to continue in effect for all purposes. Each party shall be required to provide to the other party written notice of any such change in address. This Provision 12.02 shall survive Closing. XIII. REAL ESTATE BROKERS. 13.01. Any and all brokerage commissions or fees shall be the sole responsibility of the Sellers. Sellers shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Sellers as a real estate broker, salesman or representative, in connection with this Agreement. Sellers agree to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. Purchaser warrants that there is no broker or any other person or entity acting as any real estate broker, salesman or representative on Purchaser's behalf in connection with the transaction contemplated by this Agreement. XIV. MISCELLANEOUS. 14.01. This Agreement may be executed in any manner of counterparts, which together shall constitute the agreement of the parties. 14.02. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03. No amendment to this Agreement shall bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Sellers. Unless specified otherwise in the respective Amendment, each amendment to this Agreement shall be binding upon Purchaser and Sellers as soon as it has been executed by both parties. 14.04. Captions and section headings contained in this Agreement are for convenience and reference only and in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may allow. 14.06. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08. Sellers are aware of and understand that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09. If the Sellers hold the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Sellers shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is registered with the Fed C conveyed to Purchaser. (If the corporation is re g Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10. The Purchaser will comply fully with all then applicable laws, codes, ordinances, rules and regulations. This Provision 14.10 shall survive Closing. 14.11. Sellers can enter into a separate agreement with the Purchaser whereby the Sellers can purchase treated effluent, if available, for irrigation purposes in accordance with the then current Collier County's Effluent Ordinance in effect. 14.12. Sellers hereby reserve to themselves (for a period of three (3) years following the date of Closing) a right to use the Property to continue their currently existing citrus farming activities, without interference by Purchaser. Purchaser is authorized to terminate this reservation of use. No such termination shall be effective until one hundred and eighty (180) days after Sellers' receipt of written notice from the Purchaser of Purchaser's decision to terminate the use. The parties acknowledge and agree that the Purchaser is purchasing the citrus trees located on the Property. Sellers shall be solely responsible for the survival of the citrus trees until title to the trees transfers to Purchaser. Title to all citrus trees on the Property will automatically transfer to the Purchaser 180 days of receipt by Sellers of the Notice to Terminate (the reserved use), or on the expiration date of the three (3) year period, whichever date occurs first. Sellers retain all rights to and shall be the recipient of any and all citrus canker compensation applicable or available to the citrus groves on the Property and Purchaser agrees to execute all documents reasonably required to effectuate payment to Sellers of such compensation. Sellers are responsible for maintaining and spraying the citrus trees in accordance with State of Florida Agricultural Department requirements and recommendations and agree to indemnify and save harmless the Purchaser against any and all claims whatsoever as the result of Sellers' continued citrus grove operations as provided for herein. 14.13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.14. Prior to the placement or construction of any facilities or improvements in, on or under the Property by Purchaser, Purchaser shall provide adjacent to the southernmost boundary of the Property a thirty -foot (30') wide landscape buffer to include a hedge five feet (6) in height, three feet (3') in spread and spaced a maximum of four feet (4') on center at planting, together with two staggered rows of trees spaced no more than thirty -feet (30') on center. Purchaser reserves the right to construct wellheads within this buffer area. XV. ENTIRE AGREEMENT. 15.01. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Sellers. Time is of the essence with regard to all provisions in this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Project/Acquisitio Approved by Collier County Board of County Commissioners on the day of , 2003. AS TO PURCHASER: DATED: ,g o ATTEST: DWIGHT E. BROCK, Clerk eputy Clerk AS TO SELL EF#S (Limited Partnership): WITNESSES: FIRST WITNESS (Signature) 1 .4 Iq 2u L r-), t . 14 U- 1� e r- C74ST WITNESS (Printed Name) , "aL D D ITN S ( ignature) SEC N IT E S ( rinte ame) AS TO SELLERS (The Corporation): DATED: WITNESSES (AK to Pres. Paul): FIRST WITNESS (Signature) 140ac)LD F—. 4 Lk-�'r-- FIRST WITNESS (Printed Name) SEC D WIT S igna ur SECOND WITNESS ( Printed Name) Approved as to form and legal sufficiency: Thomds Pailihell Assistant County Attorney EI�I� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY. OF QgLLIER COUNTY AND AS EX- OFFICIO ' HE GOVERNING BOARD OF. THE COLLIER. COUNTY WATER -SEWER DISTRICT BY: TOM HENNING, tharrrqan THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership BY: _b1KN W. PAUL, General Partner BRYAN PAUL, INC., a Florida corporation ' BY: 40e BRYAN W. PAUL, President 10 "I Exhibit "A" 1 of 2 ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND PART OF SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88 010'34" EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S -846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01 053'16" EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88 008'24" EAST 5294.24 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88 °08'24" EAST 3169.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88 °08'24" EAST 2156.49 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE CONTINUE ALONG THE SOUTH LINE OF SAID UNIT 60 SOUTH 88 008'24" EAST 1.65 FEET TO THE WEST LINE OF NORTH GOLDEN GATE CANAL RIGHT OF WAY; THENCE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01 °49'15" WEST 262.51 FEET TO THE SOUTH LINE OF SAID SECTION 7; THENCE CONTINUE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01 049'15" WEST 952.49 FEET; THENCE NORTH 88 008'24" WEST 0.72 FEET TO THE WEST LINE OF SAID SECTION 18; THENCE NORTH 88 008'24" WEST 2158.25 FEET; THENCE NORTH 01051'36" EAST 1214.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 60.21 ACRES OF LAND MORE OR LESS. Polio # #: 00209961704 & 00209920208 TRANSPORTATION ENGINEERING DEPARTMENT 10 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 EXHIBIT "A" (941) 774 -8192 SKETCH Or DESCRIPTIONP.O.C. N. NOT A SURVEY SSEC 104,TWP.48S., 311.96' LEGAL DESCRIPTION COMMENCE AT THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °03'19' W ALONG THE NORTI I -SOUTH QUARTER SECTION LINE 1216.29 FEET; THENCE S 76 °51'16' W 1063.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 76 °51'16' W 322.92 FEET; THENCE S 01 °49'15' W 1343.93 FEET; THENCE S 88'08'24' E 311.96 FEET; THENCE N 01 °49'15" E 1427.53 FEET TO THE POINT OF BEGINNING. CONTAINING 9.924 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGI IT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF B) NOT VALID UNLESS SIGNED AND SEALED WITI I TI IE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PREPARED BY: � - - --------- - - - - -6 UEORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE FILE NO. APRIL 1, 2002 ORTRUTW SHEET 1 OF 1 AGREEMENT FOR SALE AND PURCHASE 10C THIS AGREEMENT is made and entered into by and between THE J. R. PAUL, Jr. FAMILY LIMITED PARTNERSHIP, a Florida limited partnership, (said party hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLO HEAGOVERNING BOARD OF THE F COLLIER COUNTY THECOLLIER COUNTY AND AS EX- OFFICIO WATER -SEWER DISTRICT, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT. 1.01. In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". 1.02. Closing of this transaction is subject to concurrent closing of that certain Agreement for Sale and Purchase by and between Purchaser and Bryan Paul, Inc., and the Bryan W. Paul Family Limited Partnership for the conveyance of an adjoining 70.13 acres to Purchaser. PAYMENT OF PURCHASE PRICE. 2.01. A. The Purchase Price (the "Purchase Price ") for the Property shall be Four Million Sixteen Thousand Nine Hundred Twenty -Five Dollars ($4,016,925.00) ($27,500.00 /acre for 146.07 acres) (U.S. currency) payable as outlined herein. B. Within fifteen (15) business days of the execution by both parties hereof, Purchaser shall deposit with Woodward, Pires & Lombardo, P.A. as Escrow Agent, a deposit of $200,846.25 (representing 5% of the Purchase Price of the Parcel). The deposit shall be held by Escrow Agent in an interest bearing account to be disbursed as provided herein. In the event that the sale of the Property as contemplated by this Agreement is closed in accordance with the terms and conditions hereof, the Escrow Agent shall apply the earnest money deposit and any interest thereon to the Purchase Price due on the date of closing. In the event the Purchaser defaults under this Agreement or fails to close within fifteen (15) days after the established closing date as set out in 3.01 for any reason other than a default by the Seller or a catastrophic event beyond the reasonable control of the Purchaser, the Escrow Agent shall release the earnest money to the Seller as actual damages for the Purchaser's failure to close, and the Parties shall have no further obligation to one another under this Agreement. In the event the Seller fails to close within fifteen (15) days after the established closing date as set out above for any reason, to include any failure to deliver good and marketable title to the real property, the Escrow Agent upon request of Purchaser shall release the earnest 1 It' money to the Purchaser and the Parties shall have no further obligation to onel 0 another under this Agreement. III. CLOSING. 3.01. The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR CLOSING) of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications, except to the extent, if any, expressly accepted by Purchaser in writing. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111. Warranty Deed in favor of Purchaser conveying title to the Property, including but not limited to any existing wells currently located on the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112. Combined Purchaser - Seller closing statement. 3.0113. A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "Gap" and issue the policy contemplated by the title insurance commitment. 3.0114. A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012. At the Closing, the Purchaser, or its authorized agent, shall cause to be delivered to the Seller the following: 3.0121. A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122. Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02. Each party shall be Seller, at its sole cost and taxes due relating to the Section 201.01, Florida necessary to clear Seller's Title Policy, issued below, shall be paid paid by Purchaser. responsible for payment of its own attorney's fees. expense, shall pay at Closing all documentary stamp recording of the Warranty Deed, in accordance with �tatutes, and the cost of recording any instruments title to the Property. The cost of the Owner's Form B pursuant to the Commitment provided for in Section 4.011 by Purchaser. The cost of the title commitment shall also be 3.03. Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due 2 allowance made for maximum allowable discount, homestead and any Y oth applicable exemptions paid aid b Seller. If Closing occurs at a date for which t 0 current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS. 4.01. Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011. Within fifteen (15) days after the date hereof, Purchaser shall obtain an updated title commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the updated title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement, in which event the Seller and Purchaser will be released from any liability under this Agreement and the deposits shall be returned to Purchaser. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A ", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL. 5.01. Purchaser has obtained the two (2) required appraisals in order to determine the value of the Property pursuant to the requirements of Section 125.355, Florida Statutes. The agreed Purchase Price stated in Paragraph 2.01 exceeds the average of said two (2) independent appraisals, but does not exceed the highest assessed value of those two (2) appraisals. Approval of this Agreement will require approval by an affirmative vote of not less than four (4) members of the Board of County Commissioners. VI. INSPECTION PERIOD. 6.01. Purchaser shall have thirty (30) days from the date of execution of this Agreement by both parties, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3 r 3. The Property is in compliance with all applicable State and Federal 10 environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended uses intended by Purchaser, which uses are specified below in Section 11.023. 6.02. If Purchaser is not satisfied, for any reason whatsoever, with the results of the aforementioned investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03. Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and /or any other investigation(s) deemed by Purchaser to be necessary. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Purchaser shall notify Seller no less than twenty -four (24) hours prior to said inspection of the Property. VII. INSPECTION. 7.01. Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing subject to the provisions contained herein. VIII. POSSESSION. 8.01. Purchaser shall be entitled to full possession of the Property at Closing, except to the extent, if any, provided otherwise by the reserved use rights to utilize the Property for citrus operations as outlined further in Section 14.12 herein. IX. PROBATIONS. 9.01. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES. 10.01. If any party shall have failed to perform any of the covenants and /or agreements contained herein which are to be performed by such party, within ten (10) days after written notification of such failure by the non - defaulting party, the party providing such notice may, at its option, terminate this Agreement by giving written notice of termination to the other defaulting party. Except as otherwise provided herein, each party hereto shall have the right to seek and enforce all rights and remedies that have not been waived and are otherwise available at law or in equity to a contract vendee or contract vendor, including the right to seek specific performance of this Agreement. 10.02. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES. 11.01. Seller and Purchaser represent and warrant the following: 4 11.011. Seller and Purchaser have full right and authority to enter into and t JOC execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Neither Seller nor Purchaser are presently the subject of a pending, threatened or contemplated bankruptcy proceeding or any other court and /or administrative proceeding that might affect Seller's or Purchaser's obligations under this Agreement. 11.012. Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Except as to final approval of this Agreement by the Board of County Commissioners, all necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute this Agreement. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if required by law, or if not required by law, if requested by the respective party. 11.013. The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Except as to all provisions in this Agreement that survive the closing, Purchaser's acceptance of a deed to the said Property shall be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014. No entity or individual other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.015. Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge or reason to believe that any unlawful, unauthorized, or non - permitted pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents that the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of any hazardous or any toxic substances or wastes, as such terms are defined in applicable laws and regulations (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property (other than the application of chemicals in accordance with labeling instructions in the ordinary care of the citrus grove located on the Property), and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge or reason to believe that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that except for above ground diesel fuel tanks located within containment areas in compliance with existing laws no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents that none of the Property has been used as a sanitary landfill by Seller. 11.016. Seller has no knowledge nor reason to believe that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon, delivered to, or otherwise come to the attention of Seller claiming or noticing any alleged violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which has not been complied with. 11.017. Seller warrants that there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect Purchaser's planned uses of the property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other 5 ro contracts that will adversely affect Purchasers planned uses of the Property y other than those described, outlined, or provided for in this Agreement. 11.018. Neither Seller nor Purchaser have knowledge or reason to believe that there are any claims, suits, actions or arbitration, bond issuances or proposals therefore, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects or which may affect the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.019. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not attempt to cause the physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing with the exception of continuing the current ordinary citrus grove operations. Therefore, except for ordinary citrus grove operations (and always subject to the Notice to Terminate such uses), Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which could change the physical condition of the Property or the governmental ordinances or laws governing any of the same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations, or of any claim, action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.020. At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.021. Notwithstanding anything elsewhere in this Agreement, including Section VI, Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts, which costs are asserted, imposed, or incurred because of a Property condition that existed before Closing. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.022. Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.023. Purchaser plans to use the property to be purchased pursuant to this Agreement for a park site, a water treatment plant, a water reclamation facility, a recycling center, related utility facilities and any other then lawful uses; provided however, that Purchaser covenants and agrees (which covenant and agreement shall survive Closing, shall run with the land in perpetuity and shall be stated in the Deed from Seller to Purchaser) that the Property shall be used only for a park site, a water treatment plant, a water reclamation facility and a recycling center. Seller warrants that there are no existing easements for the use or benefit of Seller or any partner, shareholder or co -owner of Seller that will adversely impair or will adversely restrict any use of the property to be purchased by Purchaser. Therefore, if it is ever discovered or noticed that IV 0 C provision of any such easement, if allowed to thereafter exist, will adversely restrict or impede any use by the Purchaser, the Purchaser may request the Seller in writing to relinquish and otherwise extinguish its interest in each such easement provision that in the judgment of the County's Public Utilities Administrator, or his designee, reasonably exercised adversely impedes or restricts full use of the property to be purchased by the Purchaser, and upon written request from the Purchaser, Seller will promptly deliver to the Purchaser (as the case may be) all fully executed documents deemed by the Purchaser to be needed to relinquish any and all such interests, all at no cost or expense to the Purchaser. 11.024. Purchaser plans to remove the Property from the Orangetree PUD. Purchaser plans either to rezone the Property into a new Planned Unit Development (PUD) or to have the Property otherwise rezoned as necessary prerequisite to using the Property as planned by Purchaser. Seller hereby agrees to fully cooperate with regard to such rezoning, all conditional use applications, and other approvals with the understanding that such rezoning, conditional uses, and other approvals will be subject to all of the use restrictions specified in this Agreement, all of which shall survive the Closing. XII. NOTICES. 12.01. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: The J. R. Paul Family Limited Partnership c/o Bryan W. Paul County Road 78A, P.O. Box 2357 Labelle, FL 33935 With a copy to: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, FL 34103 12.02. The addressees and addresses for the purpose of this Agreement may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be conclusively deemed to continue in effect for all purposes. Each party shall be required to provide to the other party written notice of any such change in address. This Provision 12.02 shall survive Closing. XIII. REAL ESTATE BROKERS. 13.01. Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. Purchaser warrants that there is no broker or any other persi 0C or entity acting as any real estate broker, salesman or representative on Purchaser's behalf in connection with the transaction contemplated by this Agreement. XIV. MISCELLANEOUS. 14.01. This Agreement may be executed in any manner of counterparts, which together shall constitute the agreement of the parties. 14.02. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03. No amendment to this Agreement shall bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Unless specified otherwise in the respective Amendment, each amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04. Captions and section headings contained in this Agreement are for convenience and reference only and in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may allow. 14.06. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08. Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10. The Purchaser will comply fully with all then applicable laws, codes, ordinances, rules and regulations. This Provision 14.10 shall survive Closing. 14.11. Seller can enter into a separate agreement with the Purchaser whereby the Seller can purchase treated effluent, if available, for irrigation purposes in accordance with the then current Collier County's Effluent Ordinance in effect. 14.12. Seller hereby reserves to itself (for a period of three (3) years following the date of Closing) a right to use the Property to continue its currently existing citrus farming activities, without interference by Purchaser. Purchaser is authorized to terminate this reservation of use. No such termination shall be effective until one hundred and eighty (180) days after Seller's receipt of written notice from the s Purchaser of Purchaser's decision to terminate the use. The parties acknowled o� and agree that the Purchaser is purchasing the citrus trees located on the Property. Seller shall be solely responsible for the survival of the citrus trees until title to the trees transfers to Purchaser. Title to all citrus trees on the Property will automatically transfer to the Purchaser 180 days of receipt by Seller of the Notice to Terminate (the reserved use), or on the expiration date of the three (3) year period, whichever date occurs first. Seller retains all rights to and shall be the recipient of any and all citrus canker compensation applicable or available to the citrus groves on the Property and Purchaser agrees to execute all documents reasonably required to effectuate payment to Seller of such compensation. Seller is responsible for maintaining and spraying the citrus trees in accordance with State of Florida Agricultural Department requirements and recommendations and agrees to indemnify and save harmless the Purchaser against any and all claims whatsoever as the result of Seller's continued citrus grove operations as provided for herein. 14.13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.14. Prior to the placement or construction of any facilities or improvements in, on or under the Property by Purchaser, Purchaser shall provide adjacent to the southernmost boundary of the Property a thirty -foot (30') wide landscape buffer to include a hedge five feet (6) in height, three feet (3') in spread and spaced a maximum of four feet (4') on center at planting, together with two staggered rows of trees spaced no more than thirty feet (30') on center. Purchaser reserves the right to construct wellheads within this buffer area XV. ENTIRE AGREEMENT. 15.01. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence with regard to all provisions in this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Project/Acquisition Approved by Collier County Board of County Commissioners on the f�day of , 2003. AS TO PURCHASER: DATED: / ° ATTEST: DWIGHT E. BROCK, Clerk puty Clerk Attest as to cM.* s- signatwe ally. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY=', OF COLLIER COUNTY AND AS EaX- OFFICIO THE GOVERNING BOARD OF,-,,THE COLLIER COUNTY WATER -SEWER btSTRfCT • BY: TOM HENNING, Chairman AS TO SELLERS (Limited Partnership): DATED: WITNESSES: Printed Name) SE ON ITNESS (Signature) SECOND WITNESS (Printed Name) Approved as to form and legal sufficiency: Wm� - Thoma Palmer Assistant County Attorney THE J. R. PAUL FAMILY LIMITED PARTNERSHIP, a Florida Limited Partnership BY: f /' J. R. PAOL, J ., General Partner 10 10C Exhibit "A" DESCRIPTION 10c PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST AND PART OF SECTIONS 7 AND 10, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88 °10'34" EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S -846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01 053'16" EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88 °08'24" EAST 3151.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH 88 008'24" EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88 008'24" EAST 2600.14 FEET; THENCE SOUTH 01 051'36" WEST 764.99 FEET; THENCE NORTH 88 008'24" WEST 1676.51 FEET; THENCE SOUTH 01 051'36" WEST 450.00 FEET; THENCE NORTH 88 °08'24" WEST 511.83 FEET; THENCE SOUTH 76 051'16" WEST 431.02 FEET TO THE EAST LINE OF SAID SECTION 14; THENCE SOUTH 76 051'16" WEST 2214.66 FEET; THENCE NORTH 01 053'16" EAST 1632.79 FEET TO THE NORTH LINE OF SAID SECTION 14; THENCE NORTH 01 °53'16" EAST 267.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 135.06 ACRES OF LAND MORE OR LESS. AND PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88 °10'34" EAST 50.01 FEET TO THE EAST RIGHT OF WAY LINE OF S -846 (IMMOKALEE ROAD); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01 053'16" EAST 269.20 FEET TO THE SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88 °08'24" EAST 3151.50 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH 88 008'24" EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88 008'24" EAST 2600.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88 °08'24" EAST 569.74 FEET; THENCE SOUTH 01 051'36" WEST 1214.99 FEET; THENCE NORTH 88 °08'24" WEST 96.25 FEET; THENCE NORTH 01'51'36" EAST 450.00 FEET; THENCE NORTH 88 008'24" WEST 473.49 FEET; THENCE NORTH 01 °51'36" EAST 764.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 11.00 ACRES OF LAND MORE OR LESS. Folio #: 002 1 004 1 00£3; 00209961607; 00209920101; 00209961005; 0209920004 & 00209800001 fflul DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18, 2003 12C INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager Board of County Commissioners _ FROM: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services DATE: June 13, 2003 RE: Santa Barbara Force Main Project — Parcel # 909 Fee Simple; Project #: 73132 Folio No. 41823400008 Attached you will find one (1) Purchase Agreement for execution by Chairman Henning, concerning the above transaction. Please be advised that the documents have been reviewed and approved by the County Attorney's Office. The Board of County Commissioner of Collier County, Florida approved the acquisition pursuant to Agenda Item 12 C, dated May 13, 2003, and the Board has authorized its present Chairman to execute any instruments, which have been approved by the Office of the County Attorney. Once the Agreement has been executed, please forward same to Minutes and Records Management, for attestation by the Clerk to the Board. If you have any questions regarding this matter, please contact me at 774 -8917. Thank You. Attachment: Office of Rea! Estate Services 12C PROJECT: Santa Barbara Force Main Interconnect Project PARCEL: 909 FOLIO: 41823400008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this i" day of SUne - , 2003, by and between MARVIN CRITES and RUBY CRITES, husband and wife as an estate by the entireties, (hereinafter referred to as "Owner "), whose mailing address is Rt #1, 1846 State Route 15, Bryan, Ohio 43506 -9633, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "Purchaser "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described as: The West 180 Feet of Tract 44, Unit 95, GOLDEN GATE ESTATES, according to the plat thereof recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida; and subject to a utility easement across the north 200 feet. WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows;, 1. Owner shall convey the Property to Purchaser for the sum of $214,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorney's fees, expert witness fees and costs as provided by Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Purchase Agreement P12 3. Parties agree that time is of the essence and the Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon the entry of a Stipulated Final Judgment as to Parcel 909 in condemnation action styled Board of County Commissioners v Jessie M. Durden, et al, Case No. 02- 5058 -CA as attached hereto. Otherwise there are no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. All costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for the conveyance instrument and any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and /or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement age IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1144n day of J-U(y - , 2003. Date Property acquisition approved by BCC: May 13, 2003 AS TO PURCHASER: DATED: 6-(9-03 ATTEST: DWIGH�4.1;�ROCK, Clerk L r' �Fputy Clerk Att gt4� ta- Chai run ' s AS TO OWNER: DATED: May 27, 2003 Wit ss (Si nat re) Name: Wayne E. haffer (Print or Type) Witness (Signature) Name: Elaine K. Webster (Print or Type) iti ignature Name: Wayne E. Shaffer (Print or Type) , -t- Witness (Signature) Name: k Elaine 'K- we ster (Print or Type) Approved as to form and legal sufficiency: Ellen T. Cha well Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, F ORIDA • BY: ---� TOM HENNING, Chairman —m am1v✓t ejl'ot Y MARVIN CRITES RUBY CATES IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT I 12C Am IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS, as Governing Body of COLLIER COUNTY, and as the Ex- Officio Governing Body of COLLIER COUNTY WAFER -SEWER DISTRICT, Petitioner, Case No. 02- 5058 -CA vs. JESSIE M. DURDEN, et al Respondents. Parcel Nos.: 909 STIPULATED FINAL JUDGMENT AS TO PARCEL 909 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, together with Respondents, MARVIN CRITES and RUBY CRITES, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 909, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, MARVIN CRITES and RUBY CRITES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, MARVIN CRITES and RUBY CRITES, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-one thousand and No /100 Dollars ($51,000.00) for Parcel No. 909, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further 12C ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 909; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Fifty -one Thousand and No /100 Dollars ($51,000.00) to Respondents, MARVIN CRITES and RUBY CRITES, c/o Gregory Stewart Rix, Esq, Brigham Moore, LLP, 210 Franklin Street, One Tampa City Center, Suite 3410, Tampa, Florida, 33602 -5818; it is further ORDERED that disbursement to Respondents, MARVIN CRITES and RUBY CRITES, is subject to any claims of mortgagees; it is further ORDERED that title to Parcel No. 909, a perpetual utility easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated April 11, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 3174, Page 1466, of the Public Records of Collier County, Florida be dismissed as to Parcel No. 909; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of OW Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 2003. TED BROUSSEAU Circuit Court Judge conformed copies to: Ellen T. Chadwell Gregory S. Rix, Esq. Bookkeeping 12C ,JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCEL 909 The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 909. Dated: GREGORY S. RIX, ESQUIRE Florida Bar No. 210 Franklin Street 1 Tampa City Center, Suite 3410 Tampa, FL 33602 -5818 (813) 318 -9000 - Phone (813) 318 -0700 - Facsimile Attorney for Respondents MARVIN and RUBY CRITES M Dated: ELLEN T. CHADWELL Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8h Floor Naples, Florida 34112 (941) 774 -8400 - Phone (941) 774 -0225 - Facsimile Attorney for Petitioner COLLIER COUNTY 13A MEMORANDUM Date: May 21, 2003 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: COPS Universal Hiring 2003 Grant Funds Enclosed please find one (1) original document as referenced above, (Agenda Item ##13A), approved by the Board of County Commissioners on May 13, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures . ITEM NO: DATE RECEIVED: 3 FILE NO.: o Z J:�;'�i/ �_� ��,_ ���C'��' ✓�� ROUTED TO: DO NOT WRITE ABOVE THIS SPACE �� r• /, REQUEST FOR LEGAL SERVICES 1 (Please type or print) Date: May 15, 2003 To: Office of the County Attorney, Attention: Thomas Palmer. Esq. From: Crystal K. Kinzel ;1, Finance Director (Name) (Title) Sheriff's Office Finance Division (Divisionl (Department; Re: COPS Universal Hiring Program 2003 Grant Application (Sub jecti BACKGROUND OF REQUEST /PROBLEM: (Describe problem and give background information - be specific, concise. and articulate). On May 13, 2003 the BCC approved agenda item 13 A and agreed to be the local coordinating unit of government, to apply for COPS Universal Hiring 2003 grant funds for fourteen sworn law enforcement officers, to approve an increase of fourteen sworn law enforcement positions upon award of the COPS Universal Hiring Program 2003 grant, endorse additional COPS Universal Hiring Program 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. The grant application needs to be signed by Chairman Tom Henning. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. May 13, 2003 Agenda Item 13 A Executive Summary. THIS ITEM HAS /HA, NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.; ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.i Legal approval of request. OTHER COMMENTS: C: Don Hunter Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) jh;a:leUHP2003app �c c P ,�03 . AGENDA TRANSMI TTAI. &hIR 1 13A Agenda Item Date Submitted: 4/21/03 '^ Requested Agenda Date: 5/13/03 APPROPRIATE :HEADING'; CIR�LEONE ' ._ . ❑ 2 Pledge of Alle lance 3 A roval of A ends and Minutes` ❑ 5 Presentations 4 Proclamations 6 Public Petitions ❑ 7 Board of Zonin eats ❑ 8 Advertised Public Hearin s ❑ 9 Board of Count Commissioners ❑ (11) Public Comments on General ) y 10 Count Mana er's Re ort To ics ❑ (12 Count Attorney's Report ❑ (13) Other Constitutional Officers U(1 4) Airport Authority (15) Staff and Commissioner General X (16) Consent Agenda Communirnfinnc Reque Divisioi Item Title: COPS Unlversal.Hiring Grant List of Documents Attached: 1. Executive Summary (required) 3. 5. Reviewed Qate: 4/16/03 4/16/03 IA'► County Manager. Date: 2. 4. FIA ITEM NO: DATE RECEIVED: FILE NO. .r 13A ROUTED T0: 3 171 -1-0 COU N 5' AITORULV ?0z"1 ARR i 8 Fri 3 19 DO NOT WRITE ASOW THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: April 16 2003 To: Office of the Counry /At�tornevi Attention: Thomas Palmer ;` Escx, From: r stal K Kinzer l_�� -- (Name) Finance Director (Title) Eheriff's Office (Division) _ Finance Division (DePartment) Re: COPS Universal Hiring Program 2003 Gran (Subject) BACKGROUND OF REQUEST /PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). The Sheriff's Office is requesting the Board to continue as the U.S. Department of Justice COPS Universal Hiring Program local coordinating unit of government, to apply for COPS Universal Hiring 2003 Officers, to a v grant funds for fourteen sworn law enforcement award of the COPS Universals Hiring fourteen P Program 2003n grant, endorse additional nt Positions upon CO Universal Hiring Program 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments (Are there documents or other information needed to review this matter? If yes, attach and reference this information). No. THIS ITEM HAS /HAS NOT BEEN PREVIOUSLY SUBMITTED. �C (If previously submitted, bmitted provide County Attorneys Office file number.) f(P ACTION REQUESTED: (Be very specific. Identify exactly what o3 you need in the way of legal services.) / Legal approval of request. Ci f( OTHER COMMENTS: C: Don Hunt-=r Iff All requests must be copied to Your appropriate Or Constitutional Officer.) Division Head P 1{ ea EXECUTIVE SUMMARY 3, RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE UNITED STATES DEPARTMENT OF JUSITCE THREE YEAR COPS UNIVERSAL HIRING PROGRAM 2003 GRANT. To seek appointment of the Collier County Commission as the coordinating unit for the United States Department of Justice three year COPS Universal Hiring Program grant. CQNSIDERATION• 1. The Collier County Commission has participated in the COPS Universal Hiring Program (UHP) grants since 1995. 2. The COPS UHP awards have supported 85 new Sheriff's Office certified law enforcement officers. 3. Fourteen certified law enforcement officers are needed to meet Collier County's growing public safety needs. The following positions will be added as a result of hiring fourteen new law enforcement officers: two Fugitive Warrants Bureau Officers, two Civil Process Bureau Officers, two Bailiff Bureau Officers, and eight Criminal Investigation Division Investigators. 4. The Sheriff's Office will seek a UHP 2003 grant to fill the fourteen positions. 5. Over a three year period COPS In Schools awards $75,000 for each position. $1,050,000 is being sought to support the fourteen positions. 6. Board approval is needed for the Collier County Commission to continue in the capacity of local coordinator, to apply for COPS UHP 2003 grant funds for fourteen new certified law enforcement positions, to approve an increase of fourteen sworn law enforcement positions upon award of the COPS UHP grant, endorse additional COPS UHP funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. FISCAL IMPACT• The local grant match for three years is $2,652,600 affecting fiscal years 2006, 2007, and 2008 per attached Exhibit "A ". Subsequent funding will be requested as part of the Sheriff's Officer operating budget. GROWTH MANAGEMENT: All subsequent year funding will be indicated as a part of the Sheriff's Office annual budget submissions. If the grant funds are terminated or other grant funding is not available at the end of the grant period, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION• That the Collier County Commission agree to continue to be the local coordinator, to apply for COPS UHP 2003 grant funds for fourteen new certified law enforcement officers, to approve an increase of fourteen sworn law enforcement positions upon award of the COPS UHP 2003 grant, endorse additional COPS UHP 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. PREPARED BY: crystal K. Kinzel, Finance Director APPROVED BY: Don Hunter, Sheriff DATE: Auril la 2003 13A EXHIBIT "A" COPS Universal Hiring Program 2003 FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL YEAR PORTION LOCAL MATCH TOTAL 2005 -06 $862,400 $695,400 $1,557,800 2006 -07 $187,600 $866,200 $1,053,800 2007 -08 $0 $1,091,000 $1,091,000 $1,050,000 $2,652,600 $3,702,600 Note: Positions are expected to be filled in fiscal year 2005/2006. The local match includes costs over a three year period for: payroll exceeding $1,050,000, miscellaneous expenses, and fully equipped vehicles for fourteen new certified officers. J 13A UNIVERSAL HIRING PROGRAM APPLICATION FORM Universal Hiring Program Application Booklet 13A I. General Information Applicant Organization's Legal Name: Collier County Sheriff's Office Applicant Agency ORI Number: EL_ ,.Q 1 L jo_ Q The OR/ number is assigned to your agency by the FBI for purposes of UCR crime reporting. It begins with your stare abbreviation followed by five digits. If your agency does not have an OR] number, leave this blank, and the COPS Office will assign one to You. For further clarification, please refer to your Application Instructions Manual on page 13. Applicant Agency EIN Number: _ Q Q Q Q Q _J _6..1 The EIN number is assigned to your agency by the Internal Revenue Service (IRS) and consists of nine digits. If the Office of Justice Programs has assigned your department an EIN number, please use that assigned number. Otherwise, your IRS EIN number should be used. Fop- further clarification, please refer to your Application Instructions Manual on page 13. Federal Congressional District Number: 14 Do not substitute state or local congressional districts. If your agency spans more than one congressional district, please list all those districts above. Is your agency contracting for law enforcement services? [ I Yes [XI No If ' yes, " enter the name and agency information of the contract law enforcement department in the Executive Information section on page 3. For further clarification in determining if this applies to your agency, please see page 13 of the Application Instructions Manual. In the space below, please provide a brief explanation of your agency's inability to implement this project without federal assistance. Collier County Florida is one of the fastest growing counties in the United States. Collier County's population has increased over 65% in the past ten years with an average yearly increase around six percent This rapid population increase and September 11 2001 left our local government to face previously unbudgeted new roads water and sewage facilitation health care costs and anti- terrorism equipment and training Without -rant funds the requested fourteen positions do not have full local financial support due to local budget restraints With federal assistance, the Collier County Sheriff's Office will have the Community Policing Deputies needed to protect the lives, property and constitutional guarantees of all persons affected by local crime A I orm II. Executive Information The law enforcement and government executives that appear in this section must be those individuals who will have ultimate financial and programmatic authority for this grant. Typically, these are the highest - ranking officials within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent for law enforcement executives, and Mayor, City Administrator, or equivalent for government executives). Listing individuals without ultimate financial and programmatic authority for the grant could delay the review of your application, or remove your application from consideration. Law Enforcement Executive's Name: Don Hunter Title: Sheriff Agency Name: Collier County Sheriff's Office Address: __3301 Tamiami Trail East Building J City: Naples State: Florida Zip Code: 34112 Telephone: 239- 774 -4434 Fax: 239 -293-9333 E -mail (if applicable): cirants@colliersheriff.org Type of Law Enforcement Agency: O Municipal O State O County Police Department f9 Sheriff* O Tribal O Transit* O School* O University/College* Please indicate: (O Public or O Private) O Public Housing* O New Start-Up* (please specify): []Other* (please specify): *Agency types with an asterisk next to them must complete the additional questionnaire .found at the back of this Application Booklet, and include it with the application. Refer to page 3 of the Application Instructions Manual for more information. Government Executive's Name: Tom Henning Title: C air an IWeo?fGovernment Entity: Collier County Address: 141n Ta.MJAMJ _Trai1 FAAt Building F City:_ Nanl PS State: F1 nri da Zip Code: 34112 Telephone: 239- 774 -8393 Fax: 239 - 774 -3602 E -mail (if applicable): TomHenninq @colliergov.net Type of Government Entity: O State O City O Town (2 County O Village O Borough O Township O Territory O Region O Council O Community O Pueblo O Nation O School District O Other (please specify): Contact Information: Contact person in your department who is familiar with this grant: Name: Joyce Houran Title: Grant Coordinator Telephone: 239-793=9346 Fax: 239- 793 -9405+ E -mail (if applicable): grants@colliers heriff org 3 Universal Hiring Program Application Booklet III. Department Information 13A�A Population served as of 2000 U.S. Census: 251 , 337 (65% i nrrt=a -,t= since 1990 If the population that your agency serves is not represented by U.S. Census figures (e.g., colleges, special departments, etc.), please indicate the size of the population served here: N/A Square miles covered by your agency: 2,025 Exclude the population and square miles primarily served by other law enforcement agencies within your jurisdiction. For example, a sheriff's department must exclude populations and areas covered by a city police department for which the sheriff's department has no primary law enforcement authority. Current budgeted locally- funded sworn force strength as of the date of application: Full -time officers: 556 Part-time officers: 1 The budgeted locally funded sworn force strength is the number of sworn officer positions your department has allocated for its budget, including state and locally funded vacancies. Do not include unpaid /reserve officers, COPS funded positions (unless they are in the locally funded retention period), or detention staff. Current actual locally- funded sworn force strength as of the date of application: Full -time officers: 528 Part-time officers: 0 The actual locally funded sworn force strength is the actual number of sworn officer positions employed by your department as of the date of application. Do not include vacant state or locally- funded positions, COPS funded positions (unless they are in the locally funded retention period), or unpaid/reserve positions. IV. Officer Request Information What is the total number of new officer position(s) your agency is applying for with this Universal Hiring Program application? Full-time: 14 Part -time: 0 Your request should be consistent with your agency's law enforcement needs. Do not request more positions than your agency can realistically support. *Total amount of federal funds requested for all full -time and part -time officers: $1.050.0 From Pa5e 3l, Box A on Budget Information Worksheets *Total non - federal matching funds required (local share): $1,354,430 From Page 31, Box B on Budget Information Worksheets *To answer these questions, complete and refer to the Universal Hiring Program 2003' Budget Information Worksheets provided in this Application Booklet. Is your agency requesting a waiver of the local match requirement due to severe fiscal distress? [ ] Yes [X] No If "yes, " you must provide written justification as required per the Universal Hiring Program Waiver Information Worksheet. For further information; please refer to the "Guidelines for Waivers of the Local Match " section in the Application Instructions Manual, page 5. Requests for a waiver of the local match submitted without supporting documentation will not be considered Applica on Form V. Terrorism Preparedness The questions below relate to your agency's present and anticipated homeland security/anti - terrorism efforts. Please answer all questions below as completely and accurately as possible. However, please do not include any confidential or classified information in your responses. For the last question in this section, do not exceed the 250 -word limit specified. Additionally, your responses must be consistent with the definitions of homeland security/anti - terrorism and terrorism as defined below. Homeland Security /Anti- Terrorism: Your agency's efforts to detect, prepare for, prevent, protect against, respond to, and recover from terrorist attacks within your jurisdiction. Terrorism: An act that 1) is dangerous to human life or potentially destructive of critical infrastructure or key resources, and is a violation of the criminal laws of the United States or of any state or other subdivision of the United States, Md 2) appears to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping. 1. On average, how many hours per week have your current officers spent on homeland security- related activities in the past year? JCheck one] O 0 hours or only on an as- needed basis O 11 -20 hours per week C7 l -5 hours per week D 21 -30 hours per week ® 6 -10 hours per week O 30+ hours per week 2. On average, how many hours per week would the requested UHP officers would be assigned specifically to anti- terrorism/homeland security activities? lCheck one] O 0 hours or only on an as- needed basis O 11 -20 hours per week M 1 -5 hours per week O 21-30 hours per week O 6 -10 hours per week ® 30+ hours per week 3. If your UHP request is granted, what is the average number of hours of homeland security/anti- terrorism training you anticipate that the awarded officers will receive annually? O 0 hours or only on an as- needed basis 011 -20 hours per year O 1 -5 hours per year 1120+ per year O 6 -10 hours per year O Don't know 4. Do you have any of the following critical infrastructures within your law enforcement jurisdiction? ]Please check all that apply, and provide a one to three word description for each item that is checked.] Q Major bridges or tunnels 2 major bridges to Marco Island O Significant national or regional monuments none ® Major sites of historical significance Shrr,_ _1 1 i er ralint-y Historical Building ® Skyscrapers or tall apartment/commercial buildings numerous hotels & condos throughout coastal areF- 13 Nuclear reactors/plants Turkey Point — approximately 50 miles away O Dams or hydro - electric facilities none O Reservoirs or other major public water systems F1 o i da water reservoir& potable water facilities M Major electric or other power plants (non - nuclear or hydro - electric) throughout the County Florida Power & Light Co ,Lee County Co —op, TECO Gas Company ® Chemical plants or storage facilities Six L's Farm various chemical sales facilities, & all public & private schools house chemicals Universal Hiring Program Application Booklet 6 Question 4 (continued): ® Buildings that house /develop /maintain biologically hazardous materials Health th De= artm n P Borders with other countries (e.g., Mexico, Canada) WaterZG 1 f of Mexico ® Airports utilized by commercial aircraft Naples Municipal Airport, Marco O Trains or subway systems none Island O Major waterway ports of entry none Imnokalee 0 Oil /petroleum refineries, pipes, or storage facilities Evans Oil Co. , TECO Gas C1 ® Major tourist attractions (e.g., major theme parks, zoos) Jungle Larry's Tropa iqui ® Major sporting arenas (e.g., collegiate or professional stadiums) gas t Florida Sports Park out C 0 Major sporting or public events wolf & tennis tournaments, SWAMP Bug; O Active military bases none Philharmon M Major communication centers (e.g., TV, radio, Internet, satellite, Bike Races newspapers) numerous radio, satelite & TV towers & newspape O Strategic missile or other weapon sites none faci11tie ® Centers of government (e.g., state capitals) County Government Complex, So� Q Major financial centers n rm ro ra hanks; F. finance co' s . Security Of 0 Major industrial centers i ndnctri al park.-, in FA-st- & Central Naples O Immigration ports of entry none ® Other numerous wastewater facilities throughout Collier C 5. Has your agency participated in any type of joint terrorism task force activity, or are such activities planned in the near future? ® Yes O No [Check one] 6. Does your agency /jurisdiction have any of the following currently in place, Qr do you plan to implement any of the following if awarded? [Please check al/ that apply] ® Public anti -fear campaigns M Riot control protocols 63 Evacuation plans 0 Decontamination units/plans ® Bomb threat protocols ® Protection protocols against major cyber- attacks ® Public broadcast systems /reverse 91 Vemail notification protocols 9 Printed and publicly disseminated documents on citizen preparedness (including Website information) ® Public /community meetings focused on homeland security /citizen preparedness ® Increased sworn officer presence at potential terrorism targets. How many officers within your agency have been called up as full time military reservists in the past year (and are therefore no longer available for local policing services)? 130 ® 11 -50 01-5 O Over 50 O 6 -10 Applica n Form If funded, please explain how you plan to utilize the new officers to improve or build upon your homeland security efforts. Please explain in 250 words or less, This agency will utilize the fourteen new COPS UHP officers to improve and build upon homeland security efforts to strengthen the public's confidence in the -government's ability to protect our homeland from terrorist attack. The officers will assist in combating all types of terrorism The officers will work with emergency services be aware of critical infrastructure human services and provide public information and awareness. The officers will validate and build on existing homeland security plans and strengthen Florida's domestic security preparedness and prevention by maximizing involvement with residents tourists private sector entities and federal state, and local governments Critical site checks driver license and fraud /immigration arrests have increased dramatically since 911 and have placed a heave burden on our patrol division Major bridges historical sites tall apartment/commercial buildings,a nuclear reactor plant within 50 miles water reservoirs and numerous potable water facilities major electric and gas plants chemical plants and storage facilities the Gulf of Mexico coastline airports oil /petroleum refineries, maior tourist attractions and sporting arenas, government centers and major financial and industrial_ centers need to be observed and protected Officers will handle suspicious incidents: critical site employee, construction hazardous material and contact changes; nighttime security -,checks: contact with site managers: contact with school officials: and execution of critical site update reports Officers will work with units' whose functions provide security in the prevention and detection of any terrorist threats or attacks to implement our homeland security goals and public safety needs Universal Hiring Program Application Booklet 13 A, R.ppnovild t:. to :Orm --*c , Artj. �iL AwAsstant County Atto izt+s? 'r' ^n ATTEST.' DWIGHT E. BROCK; M- , RK `= Duputy Clerk Attest as to Chair!nan's 8 VI. Required Signatures Prior to any UHP grant award, your agency must comply with all application and program requirements set forth in the Public Safety Partnership and Community Policing Act of 1994 and all other requirements of federal law. Your signatures below certify that by submitting this application, your agency is requesting COPS funding only for officer positions which would not otherwise be funded in your agency's budget with state or local funds. Reminder! In order to process your agency's funding request, original signatures of the law enforcement and government executives who will have ultimate financial and programmatic authority for this grant are required on all application documents. Faxed copies will not be accepted. Stamped or electronic signatures also will not be accepted. It is not permissible for someone to sign application forms in place of the law enforcement and/or government executives named in the application. Applications with missing, incomplete or inaccurate signatures or responses may not be considered for funding. By signing below, I certify that the information provided on this form and on the attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law. Law Enforcement Executive's Signature: - Misfire of person name in Section 11 of this form) Signature: Don Hunter, Sheriff Date: 5/19/03 Tom Henning, Chairman, County Commission Date: J G p of person name in Section this form) 0L ; Send one original and two copies of all application materials. Refer to the Universal Hiring Program 2003 Application Checklist to ensure that all required documents are being submitted. Completed applications should be sent to: Universal Hiring Program Control Desk U.S. Department of Justice, Office of Community Oriented Policing Services 1100 Vermont Avenue, NW 8th floor Washington, DC 20530 (use zip 20005 for overnight mail) Reminder: Applications postmarked after June 6, 2003 will not be considered. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil'rights laws and/or is not cooperating with an ongoingfederal civil rights investigation. ** OMB Approval Number: 1103 -0027 * *Please note that both the Collier County Sheriff's Office and the Collier County current Department of Justice, Office of Civil Rights, EEOP approval letters are attached. U.S. Departmet• Justice Office of Justice Programs Off ce for Civil Rights Washington, D. C. 20531 November 14, 2002 Ms. Joyce Houran Grants Coordinator Collier County Sheriff's Office 3301 Tamiami Trail East Building- J Naples, Florida 34112 Re: ESOP for the Collier County Sheriff's Office Dear Ms. Houran: f \ 13A The Office for Civil Rights has reviewed and approved the Equal Employment Opportunity Plan (ESOP) which you submitted in accordance with the provisions of your recent grant award. The plan that you submitted is in substantial compliance with the S even -Step Guide to the Design and Development of an Equal Employment Opportunity Plan, which is a guide to providing the essential information that the Department of Justice requires for our initial screening of your ESOP. However, to be in full compliance with your next submission, please provide more detailed narratives for Steps 5 and 6 of the Seven -Step Guide addressing any areas of underutilization reflected in the utilization chart. The Department of Justice regulations for developing a comprehensive EEOP' may be found at 28 C.F.R. 42.301 et seq. Your approved plan is effective for two years from the date of thisdetter. If you have any questions regarding this matter, please contact the Office for Civil Rights at (202) 307 -0690. Sincerely, Michael L. Alston Acting Director Office for Civil Rights cc: Alice James, OC Reginald Padgett. COPS MLA: lij August 16, -2001 Charrmine Steiner Collier Count) Human Resources Dept. 3301 F.ast'lamiami Trail Naples, Florida 31112 Re: EEOP for Coliier County Dear M.S. Steiner: U.S. Departmenoustice p� t► e Office of Justice Programs 13 Of ce for Civii Right: W05hnhglon, D.C. 2053: The Office for Right. has tevie xcd and approved the Equal Employtnent Oppomutity Plan (EF.C)P) Which you submitted in accordance with the provisions of your recent grant award. The plan that you submitted conforms to the Severe -Step Guide to the Design and Developrnew of an Equal Employment Opportunity Plan, which is a guide to providing the essential information that the Depamnent of Justice requires for our initial screening of your ESOP. The Department of Justice regulations for developing a comprehensive ESOP ntay be found at 28 CFR § 42.301 e1 seq. If you have any questions regarding this matter, please contact the Office for Civil Rights at (202) 307 -0690. SincereJy, Michael L. Alston Acting Director Office fo* Ci,.il Rights cc: Reggie Padgett, COPS MLA:deb 13n PART 1 COMMUNITY POLICING INFORMATION WORKSHEET Community Policing Informatil Community Policing Information Worksheet This worksheet will provide the COPS Office with information about the public safety concerns of your community and your department's community policing goals and activities. If you need assistance completing this worksheet, contact the U.S. Department of Justice Response Center at 800.421.6770. Once you have answered all required questions in the Community Policing Information Worksheet, please sign and date below. Both the law enforcement executive and the government executive must sign. Applicant Organization's Legal Name: t' al 1 i ar atint -,y Sh ri f f Off ice OR] #:F- L- 411i212 We, the undersigned, attest to the accuracv of the information contained within this Community Policing Information Worksheet. Law Enforcement Executive: Name (typed): Don Hunter Title: Shari ff Depa ' Date: _ 1-1-03 Signature: Government Executive: Name (typed): Title: Government Entity: llier Mn _y Commission Date: Signature: Of Person Completing Form: Name (typed): ,7o =a Houran Title: Grant Coordinator Date: Signature: Appro S ' $ levi SAY .'�' °"�•""'" y-Attorney ATTEST. .." • r;c�,•. DWIGHTE:•BRQCK, CL�tK -14 orn yep* Clerk Attkt astoMO MM,� 37 Universal Hiring Program Application Booklet PART 1 13A 1. From the list that follows, please rank in descending order the following public safety concerns of your community. For example, if "weapons" are the greatest concern in your community, place the letter 'T' in rank number 1. if "wildlife crimes" are the lowest concern in your community, place an "n" in rank number 16. Rank: Major Public Safety Issues: 1. 1 a. Violent crimes against persons 2. 2 b. Property crimes 3. 8 c. Motor vehicle thefts 4. 9 d. Vandalism 5.7 e. Gangs 6. 10 f. Weapons 7. 12 g. Prostitution 8. 4 h. Drug crimes 9. 5 i. Domestic violence 10. 6 j. Alcohol - related crime, including DWI 11. 15 k. Disorderly conduct 12.- 1. Traffic violations 13. 1 4 m. Agricultural crimes 14. 14 n. Wildlife crimes 15. 1_ o. Hate crimes 16. p. Other (specify): Community policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem - solving tactics and community- police partnerships. Your answers to the questions that follow will provide the COPS Office with basic information about your community policing efforts, and how you will use your COPS grant firrrfls to further the implementation of community policing. You are not expected to engage in all of the activities listed. They are examples of the community policing efforts of other law enforcement agencies. If you have a written document that serves as your community policing plan, please attach it to this form. 38 Community 9 Policin Information 153A Overall Approach 2. Please indicate which of the following are part of your overall approach to community policing, and which you plan to implement under your COPS grant: a) Crime Prevention Efforts Have Plan to Implemented Implement Q D a. Youth programs (e.g., in- school, after school, weekend police /youth programs) ® D b. Anti -drug programs ® O c. Regular meetings with community groups to discuss crime D d. Anti - violence programs D O e. Other (specify): b) Problem - Solving Activities Have Plan to Implemented Implement M D a. Identifying crime problems with members of the community and other government agencies (e.g., prosecutor and courts, social services, probation office) ® O b. Identifying crime problems by looking at crime trends (e.g., keeping records of crimes and the types of requests for help) ® D c. Identifying top problems by analyzing repeat calls for service ® O d. Preventing crime by focusing on conditions that lead to crime (e.g., abandoned buildings and cars, referrals to other civil agencies) ® O e. Building on information systems to enhance crime analysis capabilities O O f. Other (specify): c) Community Partnerships Have Plan to Implemented Implement ® O a. Regularly surveying community members to assist in identifying and prioritizing crime problems Q D b. Locating offices or stations within neighborhoods ® O c. Providing community policing training to citizens ® D d. Meeting with community members to learn more about the nature of specific problems 0 O e. Involving community members in selecting responses to problems and determining measures of success O O f. Other (specify): 39 Universal Hiring Program Application Booklet 40 13A d) Infrastructure and Management Changes Have Plan to Implemented Implement El 0 a. Have written strategic plan for community policing ® O b. Department currently designates special unit (or a special officer) for community policing activities (xl O c. Department promotes an agency -wide approach to community policing If your department has implemented or plans to implement an agency -wide approach to community policing, please indicate the approximate percentage of time that patrol officers in your department dedicate (or will dedicate) to community policing: O Less than 10 percent C 10 -20 percent IN More than 20 percent Have Plan to Implemented Implement 0 O d. Personnel are given responsibility geographical areas ® e. Call management systems are in place to free officer time for community policing (e.g., telephone reporting, alternative responses) ® O f. Personnel evaluations reward participation in collaborative problem - solving efforts gl O g. Decision- making authority has been decentralized O h. Management positions have been eliminated ® O i. Community policing concepts have been integrated into agency's mission statement 0 O j. Community policing concepts have been integrated into departmental policies and procedures M O k. Detectives have been integrated into community policing efforts &7 O 1. Department staff routinely collaborate with other municipal agencies to address problems Community Policing Information 4 Communities 3. Please indicate which of the following groups you have consulted to address crime and disorder problems in your community: Consulted Plan to Consult to O a. Other government agencies (e.g., probation O a. Foot patrol, bike patrol or mounted patrol office, sanitation) ® O b. Civic groups ® O c. Neighborhood associations ® O d. Tenants' associations O O e. Organizations of your employees, including develop crime prevention plans collective bargaining groups ® O f. Business groups ® O g. Religious groups Q O h. Schools O O i. Other (specify): Citizens teach crime prevention O 4. Please indicate which of the following partnership activities are currently performed by citizens in your jurisdiction or are planned under your COPS grant: Currently Planned Perform Under Grant ® O a. Neighborhood Watch ® O b. Citizen volunteer programs ® O c. Citizen advisory groups to your law enforcement agency Q O d. Citizen patrols within your community (3 O e. Participate in anti -drug or anti- violence programs O O f. Other activities (specify): Officers 5. Please indicate which of the following activities are currently performed by patrol officers or are planned under your COPS grant: a) Crime Prevention Activities Currenth, Planned Perform Under Grant 13 O a. Foot patrol, bike patrol or mounted patrol ® O b. Making door -to -door contact with citizens and businesses 13 O c. Meeting with community leaders and groups to learn more about crime problems and jointly develop crime prevention plans ® O d. Using business cards, cellular phones or beepers to maintain contact with, and be contacted by, citizens regarding public safety concerns Is O e. Working in schools or other public agencies to teach crime prevention O O f. Other (specify): 41 Universal Hiring Program Application Booklet b) Problem- SolAng Activities Current!, Planned Perform Under Grant ® O a. Working with citizens to identify and address community crime problems ® O b. Using computer systems to collect and analyze information, particularly repeat calls for service ® O c. Coordinating specific problem - solving projects to address problems on their beats ® O d. Working with other public agencies to solve disorder problems (e.g., trash collection, public works agencies to solve lighting problems) ® O e. Mapping crime problems O O f. Other (specify): c) Training 13p 1) Department -wide community policing training ® Have implemented • Plan to implement • Do not plan to implement 2) Where do recruits /officers receive basic training? (Check all that apply.) O State academy Q Regional academy • Local academy • Community college ® Private contract/outside consultant • No recruit training • Other (specify): 3) How many hours of recruit training dedicated solely to community policing concepts do recruits receive? a hours 4) Have community policing concepts been integrated into general training received by agency personnel (e.g., training on law, departmental regulations, conducting investigations)? ® Yes O Plan to implement D Do not plan to implement 5) Where do in- service officers receive community policing training? O State academy • Regional academy • Local academy O Community college O Private contract/outside consultant O No in- service training IN Other (specify): in house training 6) How many hours of in- service training dedicated solely to community policing concepts do officers receive? 16 hours 42 A Community 9 Policin Information JorWee t 7) We would like to know what kind of training your department routinely provides that is pertinent to community policing. Please indicate the community policing training that your department provided in the past fiscal year by checking the appropriate box. The abbreviation "CP" stands for community policing. c O is E � � C C Q a a. Concepts and general principles of CP 0 O b. Problem - solving methods (SARA, etc.) 0 0 c. Causes and consequences of specific problems O O 0 (e.g., drugs, spousal abuse) 0 O d. CP approaches to specific problems C] O e. Organizing /working with public groups O O f Cultural diversity O O g. Victim assistance O O h. Working with juveniles O O i. Using code /civil enforcement Q O j. Alternative dispute resolution D O k. Supervising problem solvers O 0 1. Other (specify): O O m. Other: O O n. Other: O O W U L d C r 'O c 0 w a s e x U M i C Y a au c .W e z I U c v ro 3 O E N a ro s C D O ® O O O ® O O O 0 O O O 0 O O O D O O O ® O O O 0 O O O ® O O O 0 O O O O O O O O O O O O O O O 43 13A PART 2 COMMUNITY POLICING INFORMATION WORKSHEET Universal Hiring Program Application Booklet Complete Part 2 only if: ■ You are applying for a COPS hiring grant and your jurisdiction's population is 50,000 or more; or ■ You are applying for a community policing grant with funding of $1 million or more; or ■ You do not have an established law enforcement agency and wish to establish one; or ■ You represent a special law enforcement agency, such as transit, housing, university, school or park police. PART 2 1. How does your community policing plan fit with other statewide and local crime prevention and control plans, including statewide Byrne Grant strategies? Coordinated Partially Fully Coordinated ft7 O a. Statewide Byrne Grant strategy A O b. Other statewide strategies D O c. Local crime prevention plans SI O d. Local crime control plans 2. Briefly list other governmental or community initiatives that complement or will be coordinated with your plans under this grant: Critical site Response Unit, Weed & Seed, Drivers License Fraud Investigation Unit, Domestic Security Task Force, Airport Security Program 3. Indicate current and anticipated ongoing community support for your community policing efforts, such as financial support or in -kind contributions: Current Anticipated 13 O a. Programmatic support from the community O ® b. Financial support from the community O 0, c. Other community support: in —kind donations O O d. Sought or obtained private financial support 4. Indicate the impact that receiving the requested resources or increasing the number of officers will have on other criminal justice agencies in your jurisdiction: No Impact Minimal Major If you anticipate any major impact on any of these' agencies, please briefly describe that impact below. 44 Please return the Community Policing Information Worksheet with your application. Impact Impact O ® O a. Prosecutor's office O 0 O b. Public defender's office O 0 O c. Local /state correctional agencies O ® O d. Other public criminal justice agencies O ® O e. Other private criminal justice agencies If you anticipate any major impact on any of these' agencies, please briefly describe that impact below. 44 Please return the Community Policing Information Worksheet with your application. ,�. 13 ASSURANCES FORM 13,A Assurances Several provisions of federal law and policy, apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, Please contact your state's COPS Grant Program Specialist at (800) 421 -6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant finds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of OMB Circulars A -87, A -21, A -122, or the Federal Acquisition Regulations, as applicable (governing cost principles); OMB Circulars A -102 or A -110, as applicable (Uniform Administrative Requirements for Grants and Cooperative Agreements); OMB Circular A -133 (governing audits); the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1%8, as amended; the current edition of the COPS Grant Monitoring Standards and Guidelines; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non - discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. % 1301- 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seg.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seg.); and Department of Justice Non - Discrimination Regulations contained in Tide 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. 13. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen -month period), must submit an acceptable Equal Employment Opportunity Plan (EEOP') or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the EEOP requirement.) 9✓Pursuant to Department of Justice guidelines Qune 18, 2002 Federal Register (Volume 67, Number 117, pages 41455 - 41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 11 Universal Hiring Program Application Booklet 12. Pursuant to Executive Order 13043, it will enforce on- the -job seat belt policies and programs for employees when operating agency- owned, rented or personally -owned vehicles. 13. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 1384 14. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and /or the increased officer redeployment level, as applicable, with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and /or any other remedy available by law the assurances provided are true and accurate to the best of my knowledge. will not relieve the grantee entity of its obligations under this grant. 5/19/03 Signa f w Enfor en Executive (or Official with Date Prog atic A-ut cable) Don Hunter, Sheriff - S*attrfe of Government xecutive (or Of ial with Date Financial Authority, as applicable) Tom Henning, Collier County Commission S%13M Approved : s to for n- dq r Awistant county A'2tornev ATTEST: J IGHT E M CK, CLERK ,r Deputy Clerk 'Attest as o Chainw, S i9��w'e =only. 12 J 13A CERTIFICATIONS Certification 3 A Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements and Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirement of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. 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 making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three -year period preceding this application 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 a 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; (iii) Are not presently indicted for or otherwise criminally or civilly chatted by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three -year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 - A. The applicant certifies that it will, or will continue to, provide a drug -free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or - use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and 13 Universal Hiring 9 PP Pro ram A lication Booklet 13A (d) The penalties that may be imposed upon employees for drug -abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, DC 20530. Notice shall include the identification number(s) of each affected grant; (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check O if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certification in each federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJP Form 4061/7. Check O if the state has elected to complete OJP Form 4061/7. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Name and Address: Collie f's Office, 3301 Tamiami Trail F.aGt Building J, Naples, Florida 34112 Application No. and/or Project Name: MPR iiHP 9001 Grantee IRS/Vendor Number. 59 -6000 -561 Typed Name \ of t Don Hunter, Sheriff Signature: t � Date: 5/19103 As the duly a representative of governing body, I hereby certify that I am binding the governing body to the above certifications, including the plan-to re ections of new officials will not relieve the governing body of its obligations under this grant. Typed Name and Titl f Govemm xecutive: Tom Hennina, Chairman Collier County Commission Signature: Date: -6—/2 Ch 3 Approved as mo form.p 1,1-i ATTEST: DWIGHTE BAOCK,d-LERK A Utant County..ttoMy - "fir} Attest as to Chairlm's 14 .VeputyClerk -- ' signatw a only. 13A DISCLOSURE OF LOBBYING ACTIVITIES NOT APPLICABLE INTENTIONALLY NOT INCLUDED 13p RETENTION PLAN CERTIFICATION C _ 0 2 t Nw U �a=.1 � o E ° y N (� G _ m E b p CM N O ° 0 a _ G. Of m L _� C O 0 m L O > O 3 I eu O U c o C � .00 _ w y . 2 C1 4" t044 a 00 O yvy Q� R E- m Q L m CL O• K. cc m0StA .ocm-0 O m C m tm cm U) WI Im O i E ,0�- c 3. > m G LO a. L moo � Ommm C � � � c0 ,�' =a,0m = V uMi c > m: 'C V C O N �a —a r� U p C C R ° U C N L .a y El 0 H rL s a = C> I.U. 5 V _ :fl O O .�•• -'OE co .0 �p W V O. C _ 0 y 0u � o z P A b G. C C To 3 I eu O U c o y c _ w y . 2 C1 4" t044 a 00 O yvy °r' � Vl WI O O � •C C � � � c0 ,�' C a N r� U p C U C N O O y El 0 GO i/i G A. C> I.U. 5 V _ :fl O O „U L Op CUU 4 z. = c ° `� O U `' 0 .5 n E 0� 0 W C = O ' L6 49 U g� U �' 0 E C C 0 O c y °' > '� E a�i 3 6. CIS mow ° 6. o Z CO N W ^" W O 0 $4 .O U b _ 'o nr & U) 9 Lo'^ •° ° O .... w � x O R. _ � «. c �� U ^ac's c P sta to °De 00 O 0 u -- =U -= �+ Q N�3 a K" .a C, ox _ -rq r-I L to, O = owo v o to U y OA ro H O�ci C W 41 c v 41 w 3 0 .a t. N s, Cd U > U U x N E E bo CC G U V 4°-. d 0 Y O I 'o O" a m 3 x W c m m 0 m m x W C m V V C W J 13A 0 •1 I UI �� •� w� N N z E= A cn o 'R rn 1 ul i v9 m uj •� T z P A 1 ul i v9 m uj •� T 13A "' SHERIFF'S DEPARTMENT QUESTIONNAIRE Sheriff's Departmen , ti aire Sheriff's Department Questionnaire Please answer the following questions if the legal applicant is a sheriff's department (established or start-up). Attach additional pages if needed. 1. Do officers have primary law enforcement authority for the population to be served? Check one: ® Yes O No If yes, what is the actual population for which your department has primary law enforcement authority? In other words, the 2000 Census population minus the incorporated towns and cities that have their own police departments. If no, please explain below. The actual population for which this department has primary law enforcement authority is 251,377. During peak tourist season the population escalates to around 340,000 plus an additional 15,000 seasonal farm workers. Over 16 million vehicles utilize Collier County roads each year. 2. In the space below, break down the time spent by your entire department on various types of activities. For example: 50% law enforcement duties; 30% courthouse/bailiff duties; 20% jail duties (total should equal 100 %). Law Enforcement = 52% Courthouse /Bailiffs = 2% Jail Deputies = 18% Administrative /civilians = 28% 3. Of the total percentage of time spent on law enforcement duties (as indicated in question #2), what percentage of that is spent on community policing activities? The Collier County Sheriff's Office is a community policing agency. All staff members, including civilians, receive comrrAinity policing training. The philosophy of community policing is inherent in every position 100% of the time. But, excluding required administration duties of law enforcement officers, 70% of their time is dedicated to community policing. 4. Briefly describe some of the community policing activities your department participates in and/or coordinates. Community policing activities include the False Alarm Program, SALT/TRIAD for Senior Citizens, School Resource Officer program, Neighborhood Accountability Boards, Juvenile Citation Program, Explorers, Do the Right Thing Program, Be Brave Hotline, Youth Crime Stoppers, PAL, Mini - DRILL, Junior Deputies, ACE (Academy of Continuing Education, Movie Theater Program (summers), Child Fingerprinting, Bike Safety Program, No Mas, No More, Construction Site Project, Shoplifting Prevention Program, COPS on Bikes, PACE, Seniors Alert, Lights On If you have questions about applying for officer position(s) under the Universal Hiring Program, please contact your COPS Grant Program Specialist through the U.S. Department of Justice Response Center at 800.421.6770. 47 1-3 n, WAIVER INFORMATION ACTIVITIES NOT APPLICABLE INTENTIONALLY NOT INCLUDED 13B ''.0 MEMORANDUM Date: June 5, 2003 To: Joyce Houran, Grants Coordinator Collier County Sheriff's Office From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: COPS Homeland Security Overtime Program 2003 Grant Application Enclosed please find one (1) original document as referenced above, (Agenda Item #13B), approved by the Board of County Commissioners on May 13, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures 13B RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE UNITED STATES DEPARTMENT OF JUSTICE COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 GRANT. ---------------------------------------------------------------------------------- OBJECTIVE• To seek appointment of the Collier County Commission as the coordinating unit for local application for the United States Department of Justice COPS Homeland Security Overtime Program 2003 grant. CONSIDERATION• 1. The Collier County Commission has participated in the COPS grant programs since 1995. 2. The COPS programs have proven to be a valuable in Collier County. The successful Sheriff's Office COPS programs include COPS To Combat Domestic Violence, 85 Universal Hiring Program new law enforcement positions, 35 COPS In Schools new School Resource Officer positions, COPS More hiring (nine civilian positions), and technology grants (mobile data computers and booking system equipment). 3. The United States Department of Justice announced the availability of COPS grant funds to support overtime costs related to Homeland Security efforts. 4. Since September 11, 2001 and the orange high -risk alert, the elevated security level change has resulted in increased local homeland security overtime costs. The negative impact to manage available manpower for law enforcement services including critical site checks has been exacerbated by losses due to reservist and National Guard call -ups. These activities are currently funded by overtime. 5. A COPS Homeland Security Overtime Program grant would help offset the cost of overtime due to added duties. 6. Federal funds in the amount of $555,600 is being sought to support overtime costs. 7. Board approval is needed for the Collier County Commission to serve in the capacity of COPS Homeland Security Overtime Program 2003 local coordinator, to apply for COPS Homeland Security Overtime Program 2003 grant funds, to approve overtime for the purpose of Homeland Security costs upon award of the COPS Homeland Security Overtime Program 2003 grant, endorse additional COPS Homeland Security Overtime Program 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. FISCAL IMPACT• At this time there is no required local match for this one year grant program. GROWTH MANAGEMENT: None. RECOMMENDATION• That the Collier County Commission agree to be the local coordinator, to apply for COPS Homeland Security Program 2003 grant funds, to approve overtime for the purpose of Homeland Security costs upon award of the COPS Homeland Security Overtime Program 2003 grant, endorse additional COPS Homeland Security Overtime Program 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. PREPARED BY: Crystal K. Kinzel, Finance Director APPROVED BY: Don Hunter, Sheriff DATE: April 14, 2003 13, . U.S. Department of Justice Office of Community Oriented Policing Services IC0,P19 ra WVRTMWr o►wsrus COPS Application Packet www.cops.usdoj.gov Homeland Security Overtime Program Application Packet June 13, 2003 (priority consideration) and June 27, 2003 final deadline PAW U.S. Department of Justice Office of Community Oriented Policing Services Carl R. Peed, Director OMB Approval Number: 1103 -0027 s 13B Homeland Security Overtime Program Application Packet For more information about COPS grants, call the U.S. Department of Justice Response Center at 800.421.6770. J U.S. Department of Justice Office of Community Oriented Policing Services Homeland Security Overtime Program (HSOP) Control Desk 1 100 Vermont Avenue, N.W. 71 floor Washington, D.C. 20530 (use zip 20005 for overnight mail) Due to continued mail delays in the Washington, D.C. area, we strongly encourage you to submit your application packet by an express or overnight delivery service. If you choose to use an express delivery service, please use zip code 20005 for your submission. COPS Online: www.coRs.usdoi.gov Revised: April 2003 13B " COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 SECTION I 138 Application Packet I. Application Instructions Applications without all requested information and the required original signatures will not be considered for funding. Please send the original application and two copies to the COPS Office by June 13, 2003, or by the second deadline of June 27, 2003. Applications received by the first deadline will receive priority consideration. Before mailing your application please ensure that the following are include: I( Please complete Sections II, III, IV, V. Under Section V, please include original signatures from the appropriate law enforcement executive and government executive. 1� Please complete Section VI, answering all questions when appropriate for your agency. In particular, please provide a narrative for Question 8 describing how your department plans to use the overtime funding to improve or build upon your homeland security efforts, and for Question 9 describing your agency's specific need for federal assistance. Please complete Sections VII and VIII, providing accurate and complete financial and budget information. Please complete and provide the appropriate original signatures for the following documents located in Section IX: • Assurances (please sign and return) • Certifications (please sign and return) • Disclosure of Lobbying Activities (please sign and return, if applicable) • Sheriffs Department Questionnaire (please sign and return, if applicable) • Special Department Questionnaire (please sign and return, if applicable) 13B COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 SECTION II Homeland Security Overtime Program Application Packet II. General Information Applicant Organization's Legal Name: Collier County Sheriff's Office 138 Applicant Agency ORI Number: E L- Q 1 L Q Q The ORI number is assigned to your agency by the FBI for purposes of UCR crime reporting. It begins with your state abbreviation followed by five digits. If your agency does not have an ORI number, leave this blank, and the COPS Office will assign one to you. Applicant Agency EIN Number: -5- 2 6— Q Q Q 5- -6- L The EIN number is assigned to your agency by the Internal Revenue Service (IRS) and consists of nine digits. If the Office of Justice Programs has assigned your department an EIN number, please use that assigned number. Otherwise, use your IRS EIN number. Federal Congressional District Number: 14 Do not substitute state or local congressional districts. If your agency spans more than one congressional district, please list all of those districts above. Is your agency contracting for law enforcement services? [Check one] [ ] Yes [X] No If "yes, " enter the name and agency information of the contract law enforcement department in Section III., Executive Information. W 13B COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 SECTION III III. Executive Information The law enforcement and government executives that appear in this section must be those individuals who will have ultimate financial and programmatic authority for this grant. Typically, these are the highest - ranking officials within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent for law enforcement executives, and Mayor, City Administrator, or equivalent for government executives). Listing individuals without ultimate financial and programmatic authority for the grant could delay the review of your application or remove your application from consideration. Law Enforcement Executive's Name: Title: Sheri f f Agency Name: rnl 1 i Pr rni mt-�Z Sheri f f 's Offi re Address: 1301 Tamiami Trail East Building J City: Naples State: Florida Zip Code: 34112 Telephone: 91 ()— g A_Q9M Fax: ,23U_7q A -9111 E-mail (if applicable): grants @colliersheriff.org Type of Law Enforcement Agency: O Municipal O State O County Police Department ® Sheriff* O Tribal O Transit's • School* O Public Housing* • University/College* Please indicate: (O Public or O Private) OOther* (please specify): * Agency types with an asterisk next to them must complete the appropriate additional questionnaire found in Section IX. 13 ' Application Packet 3 Homeland Security Overtime Program Application Packet Government Executive's Name: Title: Chairman, County Commission Name of Government Entity: rn11; pr Count -y Address: 3301 Tamiami Trail East City: M;4 1 Ps, State: F1 nri rla Zip Code: 14112 Telephone: 239 - 774 -8393 Fax: 239 - 774 -3602 E -mail (if applicable): momHenni ng@r_ol 1 i ergov_ net Type of Government Entity: O State O City O Town ® County • Village O Borough O Township O Territory • Region O Council O Community O Pueblo • Nation O School District • Other (please specify): Contact Information: Contact person in your department who is familiar with this grant: W Name: jnyrP Houran Title: Grant Coordinator Telephone: qAq_7c)'A_q-A4A Fax: ..0 E -mail (if applicable): arants@colliersheriff.org 4 136 COPS HOMELAND SECURITY OVERTIME 1:1; 2003 SECTION IV A IV. Department Information Population served as of 2000 U.S. Census: 251,377 (65% increase since 1990 ) If the population that your agency serves is not represented by U.S. Census figures (e.g., colleges, special departments), please indicate the size of the population served here: Exclude the population primarily served by other law enforcement agencies within your jurisdiction. For example, a sheriffs department must exclude populations covered by a city police department for which the sheriffs department has no primary law enforcement authority. Current budgeted sworn strength as of the date of application. The budgeted sworn strength is the number of sworn officer positions your department has allocated for its budget. This number will include all budgeted officer positions, including locally-funded, COPS funded, vacancies, and other grant funded officer positions: Full -time officers: 607 Part -time officers: 1 _J' 5 COPS HOMELAND SECURITY OVERTIME 2003 SECTION V 136 Homeland Security Overtime Program Application Packet V. Required Signatures Prior to receiving an HSOP grant award, your agency must comply with all application and program requirements set forth in the Public Safety Partnership and Community Policing Act of 1994 and all other requirements of federal law. Your signatures below certify that by submitting this application, your agency is requesting COPS funding only for officer overtime which would not otherwise be funded in your agency's budget with state or local funds. Reminder: In order to process your agency's funding request, original signatures of the law enforcement and government executives who will have ultimate financial and programmatic authority for this grant are required on all application documents. Fazed copies will not be accepted. Stamped or electronic signatures also will not be accepted. It is not permissible for someone to sign application forms in place of the law enforcement and /or government executives named in the application. Applications with missing, incomplete or inaccurate signatures or responses may not be considered for funding. By signing below, I certify that the information provided on this form and on the attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law. I also acknowledge that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with Federal civil rights laws and/or is not cooperating with an ongoing Federal civil rights investigation. ** e u v s Signature: Date: ^ -�' ' �• I •� �'^� (Sigma of person clamed in Section III of this form) •ax men's f !Assistant county Attorney 6 T)nn Runt-pr, Sheriff (Print name) Signature: � J Date: of person named in Section I -this form) Tom Henning, Chairman, Collier County Commission (Print name) * *Please note that both the Collier County Sheriff's Office and the Collier County current Department of Justice, Office of Civil Rights, EEOP approval letters are attached. i. U.S. Departmet,` Justice �J f �= Office of Justice Programs Off ce for Civil Rights Washington, D. C. 20531 November 14, 2002 Ms. Joyce Houran Grants Coordinator Collier County Sheriff's Office 3301 Tamiami Trail East Building- J Naples, Florida 34112 Re: EEOP for the Collier County Sheriff's Office Dear Ms. Houran: The Office for Civil Rights has reviewed and approved the Equal Employment Opportunity Plan (ESOP) which you submitted in accordance with the provisions of your recent grant award. The plan that you submitted is in substantial compliance with the S even -Step Guide to the Design and Development of an Equal Employment Opportunin, Plan, which is a guide to providing the essential information that the Department of Justice requires for our initial screening of your EEOP. However, to be in full compliance with your next submission, please provide more detailed narratives for Steps 5 and 6 of the Seven -Step Guide addressing any areas of underutilization reflected in the utilization chart. The Department of Justice regulations for developing a comprehensive EEOP. may be found at 28 C.F.R. 42.301 et seq. Your approved plan is effective for two years from the date of this letter. If you have any questions regarding this matter, please contact the Office for Civil Rights at (202) 307 -0690. Sincerely, X11 t- �-�t.- � ��`• 1�..�.- Michael L. Alston Acting Director Office for Civil Rights cc: Alice James, OC Reginald Padgett, COPS MLA: 1ij 1, August 16, 2001 Charmaine Steiner Collier County Human Resources Dept. 3301 East 'f amiami Trail Naples, Florida 34112 Re: EEOP for Collier County vin U.S. Departmeno Usti ce Office of Justice Prograrrts O;jice.for Civii Right: Washington, D. C. 2/053i y�t'xf JI�L`� of LV<-. Dear Ms. Steiner: The Office for Ci,i] Rights has ievimed and approved the Equal Employment Oppomunity Plan (EFC)P) which you submitted in accordance with the provisions of your recent grant award. The plan that you submitted conforms to the Severs -Step Guide to the Design and Development of an F,gual Employment Opportunity Plan, which is a guide to providing the essential information that the Depannent of Justice requnes for our itutial screening of your EEOP. Tine: Department oi'Jastice regulations for developing a comprehensive ESOP may be found a: 28 CFR § 42.301 et seq. If you have any questions regarding this matter, please contact the Office for Civil Rights at (202) 307-0690. Sincerely, Michael L. Alston Acting Director Office for Civil Rights cc: Reggie Padgett, COPS MLA:deb W.iuuz COPS HOMELAND SECURITY OVERTIME 2003 SECTION VI Applic o a et VI. Terrorism Preparedness The questions below relate to your agency's present and anticipated homeland security /anti- terrorism efforts. Please answer all questions below as completely and accurately as possible for your agency as a whole. Please do not include any confidential or classified information in your responses. For the questions that require a written explanation, do not exceed the maximum number of words specified. Additionally, your responses must be consistent with the definitions of homeland security /anti - terrorism and terrorism as defined below. Homeland Security /Anti- Terrorism: Your agency's efforts to detect, prepare for prevent, protect against, respond to, and recover from terrorist attacks within your jurisdiction. Terrorism: An act that 1) is dangerous to human life or potentially destructive of critical infrastructure or key resources, and is a violation of the criminal laws of the United States or of any state or other subdivision of the United States, gd 2) appears to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping. 1. In the past fiscal year, on average, how many overtime hours per week did your current officers engage in homeland security - related activities? [Check onel ❑ 0 hours or only on an as- needed basis ❑ 11 -20 hours per week ® 1 -5 hours per week ❑ 21 -30 hours per week ❑ 6-10 hours per week ❑ 30+ hours per week Please note that certain officers have worked up to 10 OT hours per week. 2. On average, how many ddiitional hours per week do you anticipate the requested overtime funding would be used specifically for anti - terrorism /homeland security activities? [Check one] r ❑ 0 hours or only on an as- needed basis ❑ 11 -20 hours per week ® 1 -5 hours per week ❑ 21 -30 hours per week ❑ 6 -10 hours per week ❑ 30+ hours per week Please note that certain officers could work as many as 30 OT hours per week. 3. What is the average number of annual hours for homeland security /anti - terrorism training that your agency anticipates providing for officers this year? [Check one] ❑ 0 hours or only on an as- needed basic ❑ 11 -20 hours per year ❑ 1 -5 hours per year ® 20+ per year ❑ 6 -10 hours per year ❑ Don't know 7 Homeland Security Overtime Program Application Packet 139 � 4. Do you have any of the following critical infrastructures within your law enforcement jurisdiction? [Please check AU that apply, and provide a one to three word description for each item that is checked.] ® Major bridges or tunnels 2 bridges that connect to Marco Island 0 Significant national or regional monuments nnna ® Major sites of historical significance Collier Ctv. Historical Bldgs ® Skyscrapers or tall apartment/commercial buildings hotel through s & the Coin 0 Nuclear reactors /plants Turkey Pt. -50 miles awayos O Dams or hydro - electric facilities none ® Reservoirs or other major public water systems Fl .water reservoir & nut ous potable water fa4 ® Major electric or other power plants (non - nuclear or ities throughout the .hydro-electric) F1 _ Power F, TJqhJ7,T,PP Cty l prt-ri r-, Count, Teco s ® Chemical plants or storage facilities Six L's Farms, al public & pri, ® Buildings that house /develop /maintain biologically hazardous schools hog chemicals materials Heal t-h T>PnartmPnt f3 Borders with other countries (e.g., Mexico, Canada) water /Gulf of Mexico ® Airports utilized by commercial aircraft Naples, Marco Island, & Immok. * Trains or subway systems none Airport; O Major waterway ports of entry none ® Oil /petroleum refineries, pipes, or storage facilities Evans Oil -2pts, Teco ® Major tourist attractions (e.g., major theme parks, zoos) Jungle hundreds ��o�irryIs,.County k'air, Sesafood F stivals, Pier, et1,000 s g. ® Mayor sporting arenas e.g., collegiate or proresstonal stadiums) Tiquid ga, Florida Sports Park ® Major sporling or public events golf & tennis tournaments, parades Rwamcp >�uw Races, bike races, water ski shows cUv ml t bases nnno ® Major communication centers (e.g., TV, radio, Internet, satellite, newspapers) anumeroouusspTV & radio stations, satelite & TV ❑ Sttr °a egic'misslle oleo Iltr Cveapon siites hone • Centers of government (e.g., state capitals) Collier Ctv & Social Secur office • Major financial centers numPrnus hanks, F. fi nan i a1 ce noffi IN Major industrial centers ❑umerous industrial parks O Immigration ports of entry none ® Other y7;4etcwat-ar fani 1 i t i PR t-hrn nhnni- the County O Other 1 g Application acket 5. Has your agency participated in any type of joint terrorism task force activity, or are such activities planned in the near future? [Check one] 0 Yes 0No 6. Does your agency /jurisdiction have any of the following currently in place, or do you plan to implement any of the following if awarded in this grant? [Please check gn that apply] ® Public anti -fear campaigns ® Riot control protocols 9 Evacuation plans Q Decontamination units /plans ® Bomb threat protocols ® Protection protocols against major cyber - attacks ® Public broadcast systems /reverse 911 /email notification protocols ® Printed and publicly disseminated documents on citizen preparedness (including website information) ® Public /community meetings focused on homeland security /citizen preparedness ® Increased sworn officer presence at potential terrorism targets. 7. How many officers within your agency have been called up as full time military reservists in the past year (and are therefore no longer available for local policing services)? [Check one] ❑ 0 011-50 O 1 -5 ❑ Over 50 ❑ 6 -10 J Homeland Security Overtime Program Application Packet 13B 10 8. Overtime grants can be used to pay for additional officer overtime, over and above your agency's state and locally - funded overtime budget, in connection with training and other law enforcement activities that are designed to assist in the prevention of acts of terrorism and other violent and drug- related crimes. While all policing agencies are eligible to apply for this program, priority consideration will be given to applications that demonstrate the use of community policing strategies to prepare for or respond to acts of terrorism. Please explain how your agency will use the additional officer overtime funded through HSOP, if awarded, to improve or enhance your current homeland security efforts. Please ez llau inin 250 words or less (You may attach an additional sheet if necessary, but do not exceed the 250 words allotted). This agency will utilize the HSOP funds for additional officer overtime to improve and build upon homeland security efforts to strengthen the public's confidence in the government's ability to protect our homeland from terrorist attack and violent and drug - related crimes The officers will assist in combating all types of terrorism The officers will work with emergency services be aware of critical infrastructure, human services and provide public information and awareness The officers will validate and build on existing homeland security plans and strengthen Florida's domestic security preparedness and prevention by maximizing involvement with residents, tourists, private sector entities and federal state, and local governments. Critical site checks driver license and fraud /immigration arrests have increased dramatically since 911 and have placed a heavy burden on officers. Major bridges historical sites tall apartment/commercial buildings a nuclear reactor plant water reservoirs and numerous potable water facilities major electric and gas plants chemical plants and storage facilities, the Gulf of Mexico coastline airports oil /petroleum refineries, major tourist attractions and sporting arenas, government centers and major financial and industrial centers need to be observed and - protected. Officers will handle suspicious incidents: critical site employee: construction hazardous material and contact changes; nighttime security checks: contact with site managers, contact with school officials: and execution of critical site update reports Officers will work with units' whose functions provide security in the prevention and detection of any terrorist threats or attacks to implement our homeland security goals and public safety needs. 9. In reference to Question #8, please describe what specific goals or public safety needs your agency would be able to address using additional officer overtime that it would = be able to address without these funds. Please explain in 150 words or less (You may attach an additional sheet if necessary, but do not exceed the 150 words allotted). Additional overtime would support these duties that would not be addressed without HSOP funds: 1. Critical Site Response Unit for more Deputies to: be placed on call outs; be called in on their off time to conduct more in -depth checks to free road Deputies working regular tours to concentrate on other proactive patrol duties; receive training; meet regularly with school officials and plant managers about complaints and pertinent changes; allow the full time Unit Coordinator to exercise administrative duties in a more efficient manner to strengthen the Unit and 2. Driver License Fraud Investigations, Warrant Liaison, and Immigration Naturalization Service Liaison Units for more Deputies to: monitor all Driver License, Tag and Clerk of Courts Offices for fraud detection; monitor suspended license violations and suspected terrorist that may be attempting to obtain fraudulent identification and licenses; visually observe violators; receive training - all resulting in more arrests and prevention of attacks. W 130 4 Application Packet 11 COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 SECTION VII Homeland Security Overtime Program Application Packet VII. Local Budget Overtime funds being requested must be in addition to overtime already funded in your agency's budget. In other words, COPS funds cannot be used to pay for any overtime for which your agency has already budgeted (or will otherwise budget during the grant period). HSOP provides for 75 percent of anticipated additional overtime costs for non - supervisory sworn personnel based on an average overtime rate specific for your department (please refer to the example provided in Section VIII for assistance when determining your department's average overtime rate). Federal funds may be requested for up to 75 percent of the total requested additional overtime costs, with a minimum 25 percent local cash match. The match must be a cash match, made from local, state or other non - COPS funds and may not be paid through reallocating funds otherwise budgeted for specific law enforcement purposes. In the spaces provided below, please identify the amount of state and/or local funding for officer overtime currently budgeted in your fiscal year 2003 budget, and your anticipated budgeted level of officer overtime funding for fiscal year 2004 (in the absence of HSOP funding). You may provide additional comments below, but please do not exceed the space provided. The COPS Office reserves the right to request documentation demonstrating state and/or local funds budgeted for overtime; however, this documentation should not be submitted at the time of application. State and /or local funding currently budgeted for officer overtime: Fiscal Year 2003 $ 2100010 State and/or local funding anticipated for officer overtime• Fiscal Year 2004 $ 2,166,700 0, Comments: (please do not exceed the space allotted) This agency has an all inclusive overtime budget for all civilians and sworn officers in all ranks. Our overtime budget is not separated by civilians and sworn officers in budget line - items This agency's 2002 OT budget overran by 90 %. The again be over budget HSOP funds are desperately needed to support local homeland security overtime costs. The HSOP required $166,700 match will be added to the 2004 operating budget and the remaining match will be funded from other local sources including the Confiscated Trust Fund. 12 r 13B 2003 OVERTIME EXPENSES * $1,904,400 equals $2,000,000 minus 5% emergency revenue reserve hold back of each fund by County. TOTAL OVERTIME DOLLARS civilians PAY PER. Denuties) g099 TOTAL ENDING HOURS FUND 516 HOURS FUND 521 HOURS N62,225.56 DOLLARS 10/7/02 129.24 $ 3,964.451 2,304.32 $ 62, 946.27 2,144.05 $ 129,136.28 10/21/02 148.12 $ 4,768.35 4,719.47 $ 134,059.23 4,271.02 $ 125,205.19 1088 $ 264,032.77 11/4/02 156.66 $ 4,909.84 4,863.53 $ 136, 788.29 4,288.27 $ 114, 041.09 1084 $ 255, 739.22 11/18/02 110.26 $ 3,610-881 4,508.90 $ 126, 550.63 4,394.39 $ 131, 565.59 1089 $ 261, 727.10 1212/02 89.53 $ 2,213.16 3,363.21 $ 87, 663.51 4,201.23 $ 121, 925.13 1091 1 $ 211, 801.80 12/16/02 196.93 $ 5,971.86 4,532.57 $ 126,033.38 1 4,030.48 $ 114,834.13 1082 $ 246,839.37 12/30/02 51.58 $ 1,310.97 2,713.58 $ 67,609.66 1 3,517.39 1 $ 96,347.97 1079 $ 165,268.60 1/13/03 172.90 $ 4,300.87 4,217.57 $ 107,991.59 4,515.18 $ 125,898.33 1085 $ 238,190.79 1127/03 246.63 $ 7,383.81 5,290.26 $ 148,146.68 4,996.00 $ 145,936.73 1091 $ 301,467.22 2/10/03 167.65 $ 5,414.08 5,595.93 $ 188,958.72 4,876.94 $ 142,963.23 1086 $ 337,336.03 2/24/03 71.58 $ 1,995.53 5,107.33 $ 143,644.82 135,843.12 1098 $ 281,483.47 3/10/03 154.27 $ 4,813.37 4,708.03 $ 136,196.33 5,050.51 $ 148,195.42 1085 $ 289,205.12 3/24/03 228.53 $ 6,449.82 4,678.23 $ 132,283.38 4,783.96 $ 140,584.85 1088 $ 279,318.05 4/7/03 248.43 $ 8,183.60 4,605.91 $ 131,025.90 4,872.29 $ 141,578.45 1086 $ 280,787.95 4/21/03 149.12 $ 4,678.21 4,792.26 $ 134,266.02 4,837.96 $ 139,395.66 1075 $ 278,339.89 5/5/03 119.85 $ 3,788.21 4, 998.70 $ 136, 765.98 5,086.65 $ 148,275.88 1080 $ 288, 830.07 5/19/03 $ _ 6/7103 $ _ 6/16/03 $ _ 6/30/03 7/14/03 $ _ 7/28/03 $ _ 8/11/03 $ _ 8/25/03 $ _ 9/8/03 9/22/03 $ _ 9/30103 $ _ (8 days) $ _ TOTALS: 2,441 -28 $73,757.01 70, 999.80 $ 2,00 930.39 70, 539.11 $2,034,816.33 $4,109,503.73 Budget $72,000.00 $ 1,904,40W00* $1,920,000.00 $3,896,400.00 V- 2- ; a Lk-, �- vg per paX $ - 426;058...15 -$42 176.-02 - Difference $213,103.73 * $1,904,400 equals $2,000,000 minus 5% emergency revenue reserve hold back of each fund by County. Locally Funded Fiscal Year Starting date of your fiscal year: 10 ! 1 / 2002 Ending date of your fiscal year: _ 9 / 30 -- / 2003 Cognizant Federal Agency Many state and municipal agencies that receive federal grants are required to have audits of those grants forwarded to a single federal agency (e.g., Justice, HUD, HHS, Transportation). The single federal agency where such audits are sent is known as your Cognizant Federal Agency." Please enter the name of your Cognizant Federal Agency (typically the federal agency that provides your government entity with the most federal funding) in the space provided. if your department does not receive federal funds, enter "U.S. Department of Justice." Dinar'-irtm ,* of Just i-2 -2 (Cognizant Federal Agency) J 13B Application Packet 13 13B COPS HOMELAND SECURITY OVERTIME luao 2003 SECTION VIII Homeland Security Overtime Program Application Packet 13B VIII. Budqet for Requested Federally Funded Additional Overtime: Please read through the following example for guidance when determining and calculating your department's need for additional overtime. The COPSville Police Department applies for an HSOP grant for overtime to allow officers to assist with the Molina County Task Force. The additional overtime funding will allow these officers to perform task force duties on an overtime basis while not reducing the patrol staffing levels. COPSville Police Department is requesting 1540 hours to complete this project, which will be in addition to the $53,600 that is budgeted in their Fiscal Year 2003 for officer overtime. The COPSville Police Department serves a population of 30,000 and currently has a budgeted sworn strength of 53 sworn officers. When calculating your department's average overtime hourly estimate, please average the overtime rate paid within your agency.for non- sunervisory sworn personnel. Overtime rate for Officer/Deputy level: $26.45 hourly Overtime rate for Journeyman/PFC level: $32.16 hourly Overtime rate for Master/MPO level: $36.33 hourly Average Overtime Estimate Per Hour: * $31.65 hourly *To calculate your average overtime estimate per hour, please add all applicable categories, and divide by the number of total categories. $31.65 hourly x 1540 hours requested = $48,741 total overtime (before fringe benefits) When calculating your fringe benefits, please use the standard rate specific for your department, based on the total overtime requested before fringe benefits. Fringe Benefits Social Security $48,741 x 6.2% $3,022 Medicare $48,741 x 1.45% $ 707 Total Fringe Benefits $3,729 Total HSOP Project Costs ($48,741 + $3,729) 5$_ 2.470 Federal Request (75 percent of total project costs) $39,353 Non - Federal Amount (25 percent Local Cash Match) $13.117 Based on the population and budgeted sworn force strength of COPSville, they would be eligible to apply for up to $50,000 (please refer to the funding chart found in Overtime Request Summary below). Based on COPSville's specific needs, their request for federal funds will be $39,353, with a local match of $13,117. 14 13B Application Packet Calculating Your Department's Average Overtime Rate Per Hour When calculating your department's average overtime rate per hour, please average the overtime rate paid within your department, for non - supervisory sworn personnel at the base salary. Please list below the personnel ranks /categories, their current overtime rate, and the calculations from averaging these categories to determine your Average Overtime Rate Per Hour. Please use the number of categories that is appropriate for your agency, however, do not exceed 5 personnel ranks /categories when calculating your overall average. For those agencies who have more than 5 ranks /categories, please select those that are representative of your non - supervisory sworn personnel. Once you have determined your department's Average Overtime Rate Per Hour, please multiply by the number of hours your department anticipates a need for above and beyond what is locally budgeted in Fiscal Year 2003 for offlcer overtime. The Additional Overtime Hours Bgguest is used for the purpose of determining your specific overtime request. If awarded, you will not be required to expend overtime at the level of hours requested, as long as your department can demonstrate that the goals and objectives of the program were met, and all overtime used under the grant was paid within the personnel categories listed below. Personnel Category 1. Deputy — entry level 2. D,-l?'tY — maximum 3. Corporal — entry level 4. Corporal — maximum Overtime Rate Per Hour Across All Cate go�rir� $ 125 .00 Average Overtime Rate Per Hour _t, . - • Overtime Rate Per Hour $22.68 $37.38 $24.36 $40.15 / 4 = Additional Overtime Hours Requested $ .00 x Average Overtime $ 31 .00 Total Cost of Overtime (Before Fringe Benefitsi $ 741, 520.00 15 MOST RECENT SUPERVISORY AUTHORITY DIRECTIVE 5/29/03 TO: All CCSO Members FROM: Don Hunter, Sheri 10 DATE: June 30, 1999 SUBJ: Promotional Opportunities Attached are new requirements for the positions of Corporal and Sergeant. With the re- structure of our career ladder, the Sergeant position is our first level of supervision. Much thought and discussion, including input,, from existing Corporals, have been given to the changes that I am announcing this date. Cor oral: Beginning in October 1999, Corporals will not be expected to perform supervisory duties on a routine basis. The new plan will promote flexibility of assignment between divisions. The new career ladder will provide all certified Deputies with two years of continuous service, with)n their current discipline (Jail or LEO), an opportunity to be promoted without waiting for a vacancy or test, thus reducing position stagnation. With more rapid progression up the chain -of- command, we hope to increase our retention of qualified members of the Collier County Sheriff's Office. Sergeant: One of the suggestions considered was the possibility of promoting some or all of the existing Corporals to Sergeant positions. Budgetarily, I can not justify funding for all current Corporals to become Sergeants. Current Sergeants qualified through a testing procedure. The elimination of the testing procedure would discredit the selection process and status of existing Sergeants. 13B Page Two: Promotional Opportunities Another plan was to promote only those Corporals currently in supervisory positions. One of this plan's major flaws was the elimination of some Corporals who had served in supervisory positions and made the decision to move to a specialty unit to broaden their horizons. The plan also eliminated some Senior Deputies who fill supervisory positions on a regular basis and are otherwise similarly qualified. Another consideration is the impact of the D.R.O.P. program on the agency. There will be new promotional opportunities, up nearly the entire chain -of- command, within the next four years as participants in the program leave the agency. The normal retirements, attrition, and growth experienced by the agency increase the importance of development of, current staff. It is critical that we select the best - qualified members to fill our supervisory positions. Clearly, the most objective method of general selection is through testing. The new Sergeant test will encompass four stages: Stage 1: Written examination Stage 2: In- basket exercise demonstrating decision - making and prioritizing skills Stage 3: Oral interview Stage 4: Probationary period of one -year in new position Sergeant testing will be conducted in September with planned promotions in October, 1999. There will be 27 new Law Enforcement Sergeant positions; 2 new Drill Sergeant positions; and 15 Jail Sergeant positions. Homeland Security Overtime Program Application Packet 138 Fringe Benefits Fringe benefits should be based on known actual costs or an established formula. Only fringe benefits associated with overtime hours are provided. Include the computation for each benefit requested. When calculating your fringe benefits, please use the total of the Total Cost of Overtime QC/bre Fringe BeneAts) completed above. ($741,520) Your computation will consist of Total Cost of Overtime Qe. ore Fringe Bendc1 multiplied by standard rate for fringe benefits specific to your department. Social Security Medicare Worker's Compensation Other* Retirement Other* N/A 6.2% 1.45% 5.09% 18.44% $ 45,974 .00 (not to exceed 6.2 %) $ 10, 752 .00 (not to exceed 1.45%) $ 37,743.00 $ 136,736.00 $ 0.00 *If requesting other fringe benefits, please include a copy of your fringe benefits section from your personnel handbook or department's official policy for verification purposes. attached Fringe Benefits Total: 16 i $ 231 , 05 .00 13B COLLIER COUNTY SHERIFF'S POLICY NO: FP -0272 OFFICE FINANCE Policies and Procedures Title: PAYROLL Benefits Allocation Prepared by: Finance /Carol Goligbtly Date: May 6, 2003 Approved by: Administration 1. Purpose: To define policy on benefits allocation II. Scope: This policy applies to all members III. Responsibility: All members are responsible for keeping accurate time records. IV. Procedures: A. All members are assigned to a specific "home" department, where the majority of their time is worked. This department is keyed into the Payroll system in the Accounts to Charge Control screen. Members may work in other departments with permission of their supervisor and based on the need of the other department. B. In order to accurately track personal services costs by department code for budget and cost control purposes, all members record time worked in each specific department (including overtime hours) in the time entry system. C. Upon processing of payroll, benefits are allocated to each department the member worked in during the pay period based on the percentage of time spent in each department. This includes health, dental and life insurance premiums paid by the agency, retirement contributions and FICA match. D. Workers compensation premiums are calculated on regular wages and on the straight time portion of the overtime rate. - • 6 13B. FLORIDA SHERIFFS )XIORKERS' COMPENSATION SELF - INSURANCE FUND Administered by: Hunt Insurance Group, Inc. P.O. Box 12909 u 2324 Cenrerville Road t, Tallahassee, Fl 32317 -2909 H 850 -385 -3636 s: 800- 763 -4868 4 FAX 850- 385 -2124 TO: Sheriff Don Hunter Attention: Ms. Barb Miller Collier County Sheriff's Office FROM: Hunt Insurance Group, Inc. Nancy L. Turner, Vice President, Funds Administration DATE: February 21, 2003 RE: Workers Compensation Budget Information - 2003 -2004 Each year, as you begin to work on your budget process, we try to anticipate and give you some idea of rates for the October 1 renewal period. We are finding this year to be a little different in that the Board of Managers, who make the final rate determinations, are not meeting until May 19 -21. So that we do not cause you to be held up in your process, we are going to suggest that you use the figures from the Funds Actuarial Report as a beginning point. Please remember, this is a high figure. The Board of Managers will take all factors into consideration, including the Actuarial Report, and come somewhere between zero and the actuarial number. After the May meeting, we will notify you the final rate decision. We suggest you build in an increase of 11 ^%for October 1, 2003. Beginning this year, we are also sending a separate letter for each Fund. In other words, if your agency belongs to FSSIF, SHARP, FSWCSIF, and FSAMET, you will receive a letter to the respective contact at your office for that particular Fund. We think this will help insure the information gets to the appropriate individual who needs it. In addition, copies of all letters sent to the agency will go to the Sheriff. If this process does not prove to be helpful, please let us know and we will tailor specifically to your needs. If you have any questions at all, or need any further information, please let me know. CuRaEj1'r RAres 11431 15% iA)4AE*41C . f. YJ 7i X /ISt•z .r.07'f� Revenue Assumptions 13B • Ad valorem tax revenue forecast is 96.65% of actual taxes levied. • Sales tax revenue increases 5.0% annually. • State Revenue Sharing increases 2.5% annually. ( ?? due to State fiscal concerns). • Constitutional Officer turn backs were based on an average of historical receipts. • No gas taxes allocated to roadway maintenance. • Voter approved taxes (environmental lands acquisition) are separate from the General Fund. • Costs shifted from the State of Florida above $3 million could result in a millage increase. Retirement Rates During the 20002 Legislative Session, legislators passed House Bill 1973 that contained retirement rates effective July 1, 2002 as well as retirement rates effective July 1, 2003. The rates effective July 1, 2002 are much lower because they reflect an offset from recognition and usage of current available excess assets of the Florida Retirement System Trust Fund. The rate table and fiscal impact are noted in the followine table: Category July 1, 2002 Rates July 1, 2003 Rates Recommended Rates (Governor's Budget Submittal Regular Class 5.76% 11.13% 7.3% Special Risk Class 16.01% 24.15% 18.44% Special Risk — Administrative Support Class 6.56% 13.84% o Elected Officials 1 1.86% 18.78% 15.14% Senior Manaeement Class 6.06% 12.94% 9.28% Total Incremental Impact (all funds) n/a S7,478,210 $1,163,166 Total Incremental Impact (Gen. Fund) n/@ 55,605,810 $762,204 In the current session, the Legislature will be evaluating the extent to an offset from excess assets in the Florida Retirement System Trust Fund can be applied to reduce rates. It is important to recognize two significant points: 1. Any increase in retirement rates will also apply to state employees, so there is incentive to minimize the rate increase required; 2. The Governor's budget submittal was based on retirement rates in place two years ago that are significantly less than the July 1, 2003 rates. Therefore, the staff' recommendation is to use the rates included in the Governor's proposed budget. Actual rates will be available in May according to State Division of Retirement staff. Other Counties contacted are also usine the rates included in the Governor's budget submittal in their respective budeet guidelines. Lobbyist efforts should also be focused on this issue. i'. : MAP 2 5 20 Oi Applicatil3eB Overtime Request Summary When you have completed the average overtime rate per hour and the fringe benefits, transfer the totals for each category to the spaces below. Please compute the total overtime costs and place that amount on the applicable line Average Overtime Rate Per Hour $ 31.00 Additional Overtime Hours Requested x 23 , 920 Total Cost of Overtime (Before Fringe Benefits) $ 741, 520 .00 Fringe Benefits Total + $ �)'A 1 , qpr.00 Total HSOP Project Costs = $ 972,725 .00 Federal Request (up to 75 percent of the Total HSOP Project Costs) $ 500,000 .00 Non - Federal Amount (25 percent Minimum Local Cash Match) $ 472,725 .00 * The Non - Federal Amount or vour Local Match must represent, at a minimum, 25 percent of the Total Overtime Costs. As a reminder, law enforcement agencies can apply for funding based on the size of the population they serve, or their budgeted sworn force at the time of application using the following guidelines: Agencies serving populations: under 24,999 from 25,000 to 49,999 from 50,000 to 99,999 from 100,000 to 249,999 from 250,000 to 499,999 from 500,000 to 999,999 over 1,000,000 Q Budgeted sworn force: 1-49 0150 -99 100 -199 200-499 500 -999 1,000 -1,999 above 2,000 fo share of up to: $25,000 $50,000 $100,000 $250,000 $500,000 $1,000,000 $3,000,000 * Please note that the Collier County Sheriff's Office 2004 OT budget for civilians and certified law enforcement officers will show an in- crease from the recent historic $2,000,000 OT budget by the $166,700 (rounded to the nearest 100) or 25% minimum local cash match. Other local funds including Confiscated Trust Funds will be sought for the remaining match. 17 13B COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 SECTION IX. ADDENDA Homeland Security Overtime Program Application Packet IX. Addenda 138 • Assurances (please sign and return) • Certifications (please sign and return) • Disclosure of Lobbying Activities (please sign and return if applicable) • Sheriffs Department Questionnaire (if applicable) • Special Department Questionnaire (if applicable) Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws and /or is not cooperating with an ongoing federal civil rights investigation. Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to average 8 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the application. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C. 20530; and to the Public Use Reports Project, OgIce of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. FA 18 138 COPS HOMELAND SECURITY OVERTIME :j 2003 ASSURANCES Application Packet Assurances Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421 -6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that. 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S C. § 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of OMB Circulars A -87, A -21, A -122, or the Federal Acquisition Regulations, as applicable (governing cost principles); OMB Circulars A -102 or A -110, as applicable (Uniform Administrative Requirements for Grants and Cooperative Agreements); OMB Circular A -133 (governing ol audits); the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the current edition of the COPS Grant Monitoring Standards and Guidelines; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non - discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. % 1301 - 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 US.C. § 794); Tide II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non - Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a fording of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen -month period), must submit an acceptable Equal Employment Opportunity Plan ("EEOP') or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the EEOP requirement) 9. Pursuant to Department of justice guidelines dune 18, 2002 Federal Register (Volume 67, Number 117, pages 41455- 41472)), under Tide VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. if the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has trade this application available for review by the state Single Point of Contact 19 Homeland Security Overtime Program Application Packet 12. Pursuant to Executive Order 13043, it will enforce on- the -job seat belt policies and programs for employees when operating agency- owned, rented or personally -owned vehicles. 13. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 14. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and /or the increased officer redeplovment level, as applicable, with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. False statements or claims [Wade in connection with COPS grants (including cooperative agreements) may result in fines, irnprisonrnent� disbarment from participating in federal grants or contracts, and /or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. officials will not relieve the grantee entity of its obligations under this grant. 3 y`uK) 3 ve (or Official with Date Don Hunter, Sheriff Signature of Government Executive (or Qfficial with Date Financial Authority, stpfj gble) T_0m Henning, Chairman, Collier County Commission Wits . Iran, q if9Q+ ce::aar ye 20 APPMV-*-r�i 84 to farms AM leant County 1ttornay 136 COPS HOMELAND SECURITY OVERTIME :J; CERTIFICATIONS A PP B licatio al Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements and Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonprocurement) and Govermnent -wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirement of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. 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 making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all 01 subawards at all tiers (including subgtants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three -year period preceding this application 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 a 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; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three -year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 - A. The applicant certifies that it will, or will continue to, provide a drug -free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of mainiaining a drug -free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and 21 Homeland Security Overtime Program Application Pack et 138 (d) The penalties that may be imposed upon employees for drug -abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement: and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, DC 20530. Notice shall include the identification number(s) of each affected grant; (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check O if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certification in each federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJP Form 4061/7. Check O if the state has elected to complete OJP Form 4061/7. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Name and Address: _Collier County Sheriff's Office, 3301 Tamiami Trail East, Building J, Naples, Florida 34112 Appli o. and/or Project Name: Homeland SeQUri 1-y PrQ=TnGmntee IRSNendor Number 595000561 _ r. — T n �„tiVe• Don Hunter, Sheriff Signature: Date: As the duly aut representa a of the governing body, I hereby certify that I am binding the governing body to the above certifications, including retain. E etions of new officials will not relieve the governing body of its obligations tinder this grant. Typed Name and Title vernment utivc. Tom Henning, Chairman, Collie //r County Commission Signature: . „_._. In 141 r. � IV Dom'! gam, 22� _ - - A DA 138 COPS HOMELAND SECURITY OVERTIME :j 2003 DISCLOSURE OF LOBBYING ACTIVITIES NOT APPLICABLE INTENTIONALLY NOT INCLUDED 138 COPS HOMELAND SECURITY OVERTIME PROGRAM 2003 SHERIFF'S DEPARTMENT QUESTIONNAIRE 13B Application Packet Sheriff's Department Questionnaire Please answer the following questions if the legal applicant is an established sheriffs department. Attach additional pages if needed. 1. Do deputies have nrimary law enforcement authority for the population to be served? [Check one] 0 Yes 13 No If yes, what is the actual population for which your department has primary law enforcement authority? In other words, the 2000 Census population minus the incorporated towns and cities that have their own police departments. If no, please explain below. The actual population for which this department has primary law enforcement authority is 251,377. During peak tourist season the population escalates to around 340,000 plus an additional 15,000 seasonal farm workers. Over 16 million vehicles utilize Collier County roads each year. 2. In the space below, break down the time spent by your entire department on various types of activities. For example: 50 percent law enforcement duties; 30 percent courthouse/bailiff duties; 20 percent jail duties (total should equal 100 %). Law Enforcement = 52% Courthouse /Bailiffs = 2% Jail Deputies = 18% Administrative /civilians = 28% 3. Of the total percentage of time spent on law enforcement duties (as indicated in question #2), what percentage of that is spent on community policing activities? The Collier County Sheriff's Office is a community policing agency. All staff members, including civilians, receive community policing training. The philosophy of community policing is inherent in every position 100% of the time. But, excluding required administration duties of law enforcement officers, 70% of their time is dedicated to community policing. 4. Briefly describe some of the community policing activities your department participates in and/or coordinates. Community policing activities include the False Alarm Program, SALT/TRIAD for Senior Citizens, School Resource Officer program, Neighborhood Accountability Boards, Juvenile Citation Program, Explorers, Do the Right Thing Program, Be Brave Hotline, Youth Crime Stoppers, PAL, Mini - DRILL, Junior Deputies, ACE (Academy of Continuing Education, Movie Theater Program (summers), Child Fingerprinting, Bike Safety Program, No Mas, No More, Construction Site Project, Shoplifting Prevention Program, COPS on Bikes, PACE, Seniors Alert, Lights On If you have questions about applying for overtime under the Homeland Securiiy Overtime Program (HSOP), please contact your COPS Grant Program Specialist through the U.S. Department of Justice Response Center at 800.421.6770. 25 X. Return Address Submit one original and two copies to: U.S. Department of Justice Office of Community Oriented Policing Services Homeland Security Overtime Program (HSOP) Control Desk 1100 Vermont Avenue, N.W. 71 floor Washington, D.C. 20530 (use zip 20005 for overnight mail) Due to continued mail delays in the Washington, D.C. area, we strongly encourage you to submit your application packet by an express or overnight delivery service. If you choose to use an express delivery service, please use zip code 20003 for your submission. 01 Application IP ' k 29 138 FOR MORE INFORMATION: ffiyWDepartment of Justice ce of Community Oriented Policing Services I 100 Vermont Avenue, N.W. Washington, D.C. 20530 To obtain details on COPS programs, call the U.S. Department of Justice Response Center at 800.421.6770 Visit COPS Online at the address listed below. e04031932 Created Date: April 24, 2003 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 M rK .. 3 C 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 - (239) 774 -8097 • Fax (239) 774 -3602 May 16, 2003 Chairman Linda Abbott The District School Board of Collier County Administrative Center 5775 Osceola Trail Naples, FL 34109 Dear Chairman Abbott: At the May 13, 2003 meeting of the Board of County Commissioners, Sheriff Don Hunter asked the Board to serve as the local coordinating unit of government for the U.S. Department of Justice three year COPS In Schools 2003 grant. This is a three -year matching grant that would provide partial funding for seven (7) additional School Resource Officers (SRO) beginning in fiscgl year 2006. The Sheriff has advised the Board that he intends to use these positions to provide three certified deputies in each high school. This represents an enhanced level of service as compared to the existing compliment of two SRO's in each high school. The total cost for these additional resources is estimated to be $1,851,300, with $875,000 coming from the federal government and $976,300 coming from Collier County. Upon completion of the grant period, the County will be required to fund the entire cost of these services. After granting the Sheriff permission to apply for this grant, the Board asked me to write you to solicit assistance from the School District with the local funding requirements for providing these dedicated law enforcement resources in the schools. I realize that all units of local government are facing very challenging budget constraints, but I am hopeful that you and your colleagues will carefully consider this request and agree to a mutually agreeable cost sharing arrangement for these important services. As always, thank you for your consideration and I look forward to hearing from you soon. Sincer your Tom Henning, Chair n Commissioner, District 3 CC: Board of County Commissioners James V. Mudd, County Manager Leo E. Ochs, Jr., Deputy County Manager 13C MEMORANDUM Date: May 28, 2003 To: Joyce Houran, Grants Coordinator Collier County Sheriff's Office From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: COPS in Schools 2003 Grant Application Enclosed please find one (1) original document as referenced above, (Agenda Item #13C), approved by the Board of County Commissioners on May 13, 2003. Kindly forward to appropriate parties. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures 1 C I 12 / r \ 6berdf . SHERIFF DON HUNTER -COLLIER COUNTY 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112 (239) 774 -4434 www.colliersheriff.org INTEROFFICE MEMORANDUM To: Sue Filson Executive Office Manager Date: May 29, 2003 From: Joyce Houran Grant Coordinator Re: COPS In Schools 2003 Grant Application Sue, attached please find the Collier County Sheriff's Office COPS In Schools 2003 Grant application. This item was approved on the BCC May 13, 2003 Agenda - Item # 13 C. Please note that this document must be signed, not stamped, by the Chairman in blue ink. Please contact me at 793 -9346 when this application is ready to be picked up. Th ks, C 2�� U Jh/uhp03mmosf "The duty f the Collier Count Sheriff's Office is to preserve and protect y County lives, property and constitutional guarantees of all persons." , =� ITEM NO: DATE RECEIVED_: FILE NO.. )� ROUTED TO: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: Mav 14, 2 To: Office of the County Attorney, Attention: Thomas Palmer Esa From: Crystal K. Kinzel ,11 ti — Finance Director (Name) (Title) Sheriff's Office Finance Division (Division) IDepartment) Re: COPS In Schools 2003 Grant Application (Subject) �O BACKGROUND OF REQUEST /PROBLEM: (Describe problem and give background information - be specific, concise, and articulate) . On May 13, 2003 the BCC approved Agenda Item 13.c.and agreed to continue to be the local coordinator, to apply for the COPS In Schools 2003 grant funds for seven School Resource Officers, to approve an increase of seven sworn law enforcement positions upon award of the COPS In Schools grant, endorse additional COPS In Schools funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. The Sheriff's Office is requesting the Board Chairman to sign applicable grant application documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). No. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Don Hunter, Sheriff A11 requests must be copied to your appropriate Division Head or Constitutional Officer.) ?h a:1eC_S2003app C L 2� "03 AGENDA TRANSMITTAL SLIP Date Submitted: 4/21/03. APPROPRIATE''. HEADING`(CIRCLI r9l Pledge of Alleaiance rAgen a Item '`"' # � • Requested Agenda Date: 5/13103 . ❑ g Advertised Public Hearings ❑ 9 Board of County Commissioners LJ iu) %ooumy manager 5 ne urt ❑ (11) Public Comments On General (12) County Attorney's Report ❑ (13) Other. Constitutional Officers Topics ❑(14) Airport Authority (15) Staff and Commissioner General X (16) Consent Agenda Communications ❑ 17 Summary Agenda .) Rawew -bY� L Dole: 411 ate: LLU C, 6/03 �✓L�"'�^ T �f � Requested bye --�-- i M County Manager: Date: Division He d: Date: 4/16103 o Hunter, Sh riff Item Title: COPS In Schools Grant List of Documents Attached: 1. Executive Summary (required) 2• 3. 4' 5. -5'l /3lC 3 --t 13C ITEM NO: DATE RECEIVED FILE NO.: ROUTED TO: Do NOT WRITE AS= 'HIS SPACE REQUEST FOR LEGAL SERVICES (please type or print) Date: April 16 2003 C'u--"UN . Y AT T ORNE� Me"i APR 18 Phi 3: I c To: Office of the County AAttorney, Attention: Thomas Palmer Esg Yvstal K K'nz o / Finance Director From: (Name) (Title) Sheriff`s Office Finance Division (Division) (Department) Re: CODS in Schools 2003 Grant (Subject) BACKGROUND OF REQUEST /PROBLEM: ;Describe problem and give background information - be 1pec1fic. concise, and anticllate7. The Sheriff's Office is requesting the Board to continue as the U.S. Department of Justice COPS In Schools local coordinating unit of government, to apply for COPS In Schools 2003 grant funds for seven School Resource Officers, to approve an increase of seven sworn law enforcement positions upon award of the COPS In Schools 2003 grant, endorse additional COPS In Schools 2003 funding request documents, authorize acceptance of the award document, and approve applicable budget amendments (Are there documents or other information needed to review this matter? If yes, attach and reference this information). No. THIS ITEM HAS /HAS NOT BEEN PREVIOUSLY SUBMITTED. ;If previously submitted, provide County Attorney'• Office file number.) ACTION REQUESTED: (Se very specific. identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Don Hunter Sheriff All requests must be copied to your appropriate Division Head or Constitutional officer.) ;/a:'lec:S2003 o' W1���i1ii T ( .. ��, �Vr^-, 0 13C RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE UNITED STATES DEPARTMENT OF JUSTICE THREE YEAR COPS IN SCHOOLS 2003 GRANT. ----------------------------------------------------------------------------- OBJECTIVE• To seek appointment of the Collier County Commission as the coordinating unit for local application for the United States Department of Justice three year COPS In Schools 2003 grant. CONSIDERATION• 1. The Collier County Commission has participated in the COPS In Schools grant programs for four years. 2. The COPS In Schools program has proven to be a valuable project that provides 35 School Resource Officer (SRO) positions in primary and secondary schools in Collier County. 3. Continued Collier County growth necessitates the construction of additional schools. Throughout this expansion the Sheriff's Office will sustain its partnership with Collier County Schools to use SROs and community policing strategies to prevent school violence and implement educational programs to improve student and school safety. With a COPS In Schools 2003 grantr,award, the CCSO will be able to have two SROs and one Narcotics SRO in each high school and one SRO in each middle and elementary school. 4. To meet this objective the Sheriff's Office will seek a,fifth COPS In School grant to fill seven SRO positions -41— H'S A-' � �-� ce-` --i, � 5. Over a three year period COPS In Schools awards $125,000 for each SO' position. $875,000 is being sought to support the seven positions. 6. Board approval is needed for the Collier County Commission to continue in the capacity of local coordinator, to apply for COPS In Schools 2003 grant funds for seven SROs, to approve an increase of seven sworn law enforcement positions upon award of the COPS In Schools grant, endorse additional COPS In Schools funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. FISCAL IMPACT• The local grant match for three years is $976,300 affecting fiscal years 2006, 2007, and 2008 per attached Exhibit "A ". Subsequent funding will be requested as part of the Sheriff's Officer operating budget. GROWTH MANAMMENT All subsequent year funding will be indicated as a part of the Sheriff's Office annual budget submissions. If the grant funds are terminated or other grant funding is not available at the end of the grant period, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION That the Collier County Commission agree to continue to be the local coordinator, to apply for COPS In Schools 2003 grant funds for seven SROs, to approve an increase of seven sworn law enforcement positions upon award of the COPS In Schools grant, endorse additional COPS In Schools funding request documents, authorize acceptance of the award document, and approve applicable budget amendments. PREPARED BY: Crystal K. Kinzel, Finance Director APPROVED BY: Don Hunter, Sherif DATE: April 14. 2003 13C COPS in Schools Program FISCAL & LOCAL SHARE BY FISCAL YEAR Note: Positions are expected to be filled in fiscal year 2005/2006. The local match includes costs over a three year period for: payroll exceeding $875,000, miscellaneous expenses, and fully equipped vehicles for seven new certified officers. Jh /xSCIS03cu9 FEDERAL PORTION LOCAL MATCH TOTAL FISCAL YEAR 2005 -06 $431,200 $347,700 $778,900 2006 -07 $443,800 $83,100 $526,900 2007 -08 $0 $545,500 $545,500 $875,000 $976,300 $1,851,300 Note: Positions are expected to be filled in fiscal year 2005/2006. The local match includes costs over a three year period for: payroll exceeding $875,000, miscellaneous expenses, and fully equipped vehicles for seven new certified officers. Jh /xSCIS03cu9 A ican Orm " 31 PP Please ensure all questions are answered completely, and typed in the spaces below. All documents submitted with the original copy of the application mist have original signatures. Stamped or electronic signatures will not be accepted. Previous editions of this application may not be used (4/16/03). incomplete a li ation or mi in doc ntation may result in the delay of processing and /or result in denial of your application. I. General Information Applicant Organization's Legal Name: Collier County sheriff's Office !kpplicant Agency OR] Number: E I. O_ Z -L -. -a The OR/ number is assigned to your agency by the FBI for purposes of UCR crime reporting. It begins with your two letter state abbreviation followed by f ve digits. For further clarification, please refer to the Glossary of Common Grant Terms section of the Application Instructions, page 20. Applicant Agency EIN Number: 5�_ s fa- IZ Q Q 5�L -L The ERN number is assigned to your agency by the Internal Revenue Service (IRS) and consists of nine digits. However, if the Office of Justice Programs has assigned your department an EIN number, please use that assigned number. Otherwise, your IRS EIN number should be used. For further clarification, please refer to the Glossary of Common Grant Terms section of the Application Instructions, page 19. Federal Congressional District Number(s): 14 Do not substitute state or local congressional districts. If your agency spans more than one congressional district, please list all of the districts above. Are you contracting for law enforcement services? 0 Yes fli No If 'yes," the government body should be named in the Applicant Organization's Legal Name space above. For further clarification in determining if this applies to your agency, please refer to the Glossary of Common Grant Terms section of the Application Instructions, page 19. In the space below, please provide a brief description of your agency's inability to implement this project without federal assistance. Collier Countv Florida is one of the fastest arowina counties in the United States resulting in an escalation of juvenile related problems in and around schools SROs at new schools are not supported with local funds due to budgetary restraints The rapid increase in Population and events surrounding September 11, 2001 have left local government to face previously unbudgeted anti - terrorism equipment and training new roads water and sewage facilitation and health care costs Without Federal assistance the Collier County Sheriff's Office will not have the SROs to help the children in schools and to protect the lives property, and constitutional guarantees of all ersons that could be affected by school violence. 3 Application Forms COPS m Schools App 13C II. Executive Information The law enforcement and government executives that appear in this section must be those individuals who will have ultimate financial and programmatic authority for this grant. Typically, these are the highest - ranking officials within a jurisdiction (chief of police, sheriff, or equivalent for law enforcement executives, and mayor, city manager, or equivalent for government executives). Listing individuals without financial and programmatic authority for the grant could delay the review of your application, or remove your application from consideration. Law Enforcement Executive's Name: Don Hunter Title: Sheriff Agency Name: Collier County Sheriff's Office Address: _1101 Tamiami Trail EaGt• Building J City: N;%ll a=te_ State: F1 on da Zip Code: 34112 Telephone: 239 - 774 -4434 Fax: Email: grants@coll i ersheri ff . ora Type of Police Agency: O Municipal O State O County PD ® Sheriff* O Tribal • School* O University/College* (O Public or O Private) • Public Housing* O New Start-Up* (please specify): • Other* (please specify): * Agency types with an asterisk next to them must complete the additional appropriate questionnaire found in this Application Forms, and submit it along with the application. Government Executive's Name: Tom Henning Title: rhairman Name of Government Entity: Collier County Board of County Commissioner Address: 3301 Tamiami Trail East Building F City:_._Nap1es State: Florida Zip Code: 34112 Telephone: 9 ,Aa_??A_R';93 Fax: 239_ 27A_3h49 Email: JimColetta @colliergov.net Applic rl Type of Government Entity: O State O City O Town 3 County O Borough O Township O Territory O Region • Community O Pueblo O Nation O School District • Village O Council • Other (please specify): Contact Information: Name of contact person in your agency familiar with this grant application: Joyce Houran Title: rrAnt Coordinator Telephone: 239 - 793 -9346 Fax: 239 - 793 -9405 Email: grants @colliersheriff.org III. Partner Information 10 Under the COPS in Schools grant program, applicants must enter into a partnership agreement with an official for a specific school or school district with general educational oversight authority within that jurisdiction. Please note, you must designate one school official as the school representative under the grant program." In the space below, please provide the information for the individual who will be responsible for ensuring that the appropriate school official attends the mandatory COPS in Schools Training. If the proposed project affects an entire school district, then the official with general educational oversight over the entire school district should complete the information below. In addition, this individual will be required to sign the attached COPS in Schools Training Requirement. Name of Partner Agency or School District: Collier County Public Schools School Official Name: Dr Ben�ami n Marl i nTitle: S,7perintendent of Schools Address: 5775 Oseol a Trail City: Naples State: Florida Zip Code: 34109 Telephone:P39- 643 -2700 Fax: 739 -436 -6451 Email: Marlin @co11ier.Kl2.fl.us "If there are multiple partners involved in this project, please provide the information listed above for each of the partners on the attached "Additional Partner Page" included with this application. However, the legal applicant must decide on one school official to be designated for the purpose of this grant. At the present time, only one school official per grant award will be permitted to attend the CIS Training due to logistical constraints. 5 COPS in Schools Application Forms At the time an application is submitted, agencies must include two separate typed documents prepared in cooperation with the partner school(s), or school district(s), involved in the program. The first document is the Narrative Addendum that outlines the proposed project. For additional information on this requirement, please refer to page 33 of this Application Form. The second document is the Memorandum of Understanding (MOU) form that details the roles and responsibilities of the partners involved in this project. For additional information on this requirement, please refer to page 35 of this Application Form. In addition, the Retention Certification Form outlines your agency's plan to retain all additional officer positions awarded for at least one full local budget cycle following the expiration of COPS grant funding for each COPS - funded officer position must also be submitted. The law enforcement executive"and government executive that are listed on page 4 of this Application Form must sign this form. COPS In Schools Additional Training Condition * *Signatures required ** Please have the Law Enforcement Executive Md one designated School Representative sign the attached COPS in Schools Training Requirement on page 9. All agencies receiving awards through the COPS in Schools program are required to send the officer(s) deployed into the school resource officer position(s) as a result of this grant, and one individual designated as the school representative under the grant program, to one COPS in Schools Training. The COPS Office will reimburse grantees for training, per diem, travel, and lodging costs for attendance of the required participants up to a maximum of $1,200 per person attending. Agencies that receive a COPS in Schools grant will receive additional training information following notification of the grant award. The training requirement must be completed prior to the end of the 36 -months of grant funding for officer positions. IV. Department Information: Population served (2000 U.S. Census):* 99;1 ,.3 -47 (6r,* i nrrPasP since 1990: If the population that your agency serves is not represented by U.S. Census figures (e.g., school district police departments), please indicate the size of the population served here: N/A Square miles covered by your agency:* 2.025 * Exclude the population and square miles primarily served by other law enforcement agencies within your jurisdiction. For example, a sheriff's department must exclude populations and areas covered by a city police department for which the sheriffs department does not have primary law enforcement authority. 6 1C Application orm Current budgeted locally funded sworn force strength as of the date of this application: Full -time officers: 556 Part-time officers: 1 The budgeted locally funded sworn force strength is the number of sworn officers your department has funded in its budget, including state and locally funded vacancies. Do not include unpaid /reserve officers, COPS funded positions (unless they are in the locally funded retention period), or detention staff. Current actual locally funded sworn force strength as of the date of this application: Full -time officers: 9;9R ** Part -time officers: n The actual locally funded sworn force strength is the actual number of sworn officers employed by your department as of the date of this application. Do =include vacant state or locally funded positions, COPS funded positions (unless they are in the locally funded retention period), "or unpaid /reserve positions. V. Officer Request Infomation: What is the total number of new officer position(s) for which you are now requesting under this COPS in Schools application? Full -time: 7 Part-time: 0 Your request should be consistent with your agency's law enforcement needs. Do not request more positions than your agency can support and retain. *Total amount of federal funds requested for all full -time and part-time officer positions: $ 879, 000 *Total amount of non - federal matching funds required (local share, if required): $ 327,215 • To answer these questions, complete the COPS in Schools 2003 Budget Information Worksheets provided in these Application Fo'Ins. The maximum amount offunding available per officer position is $125,000 (pages 19 -31). The difference between $125,000 and the agency's total cost per officer position is the agency's local match. Please note the attached budget worksheets are to be completed for one officer; as a result, please remember to multiply by the total number of officers requested. ** There are 28 Collier County Sheriff's Office certified law enforcement officer vacancies at the time of this writing. These vacancy numbers are normal for this agency size. Due to attrition and the lack of a pool of qualified applicants in this area, it sometimes takes longer to fill open positions in this agency than it does in other larger metropolitan area law enforcement agencies. The steps being taken to address the vacancies are by recruiting new officers through efforts of this agency's very strong recruiting program that includes a professional recruit team, website recruiting, and local and national employment advertisements and recruit trips. As a result of our very expansive, strict, and lengthy hiring practices, this agency hires the finest officers. We continue to work toward filling open positions in the fastest and most professional manner and expect the number of open positions to continue to decrease. 7 COPS in Schools Application Forms 13C I understand that prior to any grant award, the applicant must comply with all application and program requirements of the Public Safety Partnership and Community Policing Act of 1994 and other requirements of federal law. In addition, my signature certifies that this application requests funding only for positions that would not be otherwise funded in my agency's budget with state, local or Bureau of Indian Affairs funds. By signing below, I certify that the information provided on this form and the attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law to the Federal government. { P�l 1 Y - N,.L '`i`%� Date: 5/16/03 (Sign of person n Lf f this form) Don Hun Govern nt Execu: , Date: 'J 0 3 ( Signture of person named in Section II is form) Tom Henning, Chairman C unty Commission School Official's 'gnature• T -0-0 Z Date: 5- A 1' 0 3 (Signature of naAel under Section III "Partner Information" as the designated • School Representative for this grant program and the re read trainin ) p, Dr. Benjamin Marlin, Superintendent of Schools Please return one original and two copies of all application materials. Apo Please be sure to include all forms as outlined in the CIS 2003 Application Checklist and any additional information necessary to � complete this request for grant funding. Completed application forms `oe- ` t,. t;��. z��V1 should be mailed to: COPS in Schools Control Desk J J U.S. Department of Justice, COPS Office s N 1100 Vermont Avenue, N.W. 7th floor Washington, D.C. 20530 (please use 20005 zip code for overnight mail) Note: Original signatures are required on the original application to process all funding requests. Faxed copies will NOT be accepted. Applications postmarked after the final application deadline date will not be considered. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws and /or is not cooperating with an ongoing federal civil rights investigation. ** OMB Approval Number: 1103 -0027 8 * *Please note that both the Collier County Sheriff's Office and the Collier County current Department of Justice, office of Civil Rights, EEOP approval letters are attached. 13C COPS IN SCHOOLS 2003 CERTIFICATIONS FORM Certifica 3 C Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying " and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. 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 making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; 13. 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Pan 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three -year period preceding this application 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 a 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; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of anv of the offenses enumerated in paragraph (A)(u) of this certification; and (iv) Have not within a three -year period preceding this application had one or more public transactions (federal, state or loth terminated for cause or default; and R Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Pan 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 - A. The applicant certifies that it will, or will continue to, provide a drug -free workplace by: @ Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (u) Establishing an on -going drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantees policy of maintaining a drug -free workplace; 11 COPS in Schools Application Forms (C) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug - abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (t); (rv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (v)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant Place of performance (street address, city, county, state, zip code) Check O if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certification in each federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJP Form 4061/7. Check O if the state has elected to complete OJP Form 4061/7. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: Colljer County Sheriff's Office, 3301 Tamiami Trail East, Building J Naples, Florida 34112 Grantee IRS/ Vendor Number: 596000561 False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and /or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. 3C Typed Name and Title of Law Enforcement Executive (or Official with Programmatic Authority, as applicable):® �� ,ti',` •• ' ,?�. Don Hu , --SheriKf Signatu{ Date: 5216/03 `3 Typed Name and Title Yh overnment Exe ve (or Official with Financial Authority, as applicable): Att"t•. S! 't0 'eki-101, r s Tom Hennin air man oilier Count Commission NX Signa Date: S D -{3 -a Awfstant C 12 /0' ou"I'y Attorney COPS IN SCHOOLS 2003 ASSURANCES FORM 13C Assurances Assurances Several provisions of federal law and police apply to all grant programs. We (the Office of Communit}' Oriented Policing Services) need to secure eur �contthat the pate`s COPS Grant Program Specialist provisions. If 421-6770. e further information about any of these assuran s, please By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative that overn the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that requirements g 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or part p with this grant. These restrictions are set forth in 5 U.S C. § 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their Positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties- 5.1 t will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of OMB Circulars A -87, A -21, A -122, or the Federal Acquisition Regulations, as applicable (governing cost principles); OMB Circulars A -102 or A -110, as applicable (Uniform Administrative Requirements for Grants and Cooperative Agreements); OMB Circular A -133 (governing audits); the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the current edition of the COPS Grant Monitoring Standards and Guidelines; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency 8. it will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non- discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 US.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 US.C. § 2000d); the Indian Civil Rights Act (25 US.C. §§ 1301 - 1303); Section 504 of the Rebabilitation Act of 1973, as amended (29 USC. § 794); Title 11, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency snakes a fording of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen -month period), must submit an acceptable Equal Employment Opportunity Plan ('EEOP') or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the ESOP requirement.) 9. Pursuant to Department of Justice guidelines Oune 18, 2002 Federal Register (Volume 67, Number 117, pages 41455-41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownerships lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 13 COPS in Schools Application Forms 13C 12. Pursuant to Executive Order 13043, it will enforce on- 14. if the awarded grant contains a retention requirement, it will officer the -job seat belt polices and programs for employees when retain reincreased oyment level, as applicable, with tateeor local operating agency - owned rented or personally -owned officer fiords for a minimum of one full local budget cycle following vehicles. expiration of the grant period. 13. It will not use COPS funds to supplant (replace) state, a made connection False tames ��t Owes, local, or Bureau of Indian Affairs funds that otherwise c (including cooperative y would be made available for the purposes of this grant, a. g� imprisonment, disbarment from participating in federal grants applicable or contracts, and /or any other remedy available by law. ' 1 certify that the assurances provided are true and accurate to the best of my knowledge. o � f ew of swill not relieve the grantee entity of its obligations under this grant. I. AA 1 Si Enforcem ' Executive (or Official with Date Pro c u �aa� i ble) Don-Rd ter, S f � S e of Government Executive ( Qfficial with Date Financial Authority, as applicable) r Tom Henning, Chairman`%Col1liie3r County Commission ��•�'`' ... Fes• Atte�'' Lo..Cha�i1►an's s ipattei �a� j►a +'' 14 Approved &S 10 R,=! AMMUtcoulty COPS IN SCHOOLS 2003 RETENTION PLAN CERTIFICATION h ,LL4 0 O G O n� � v O 0 V W 0 w.r �471114 O O V O r �+ o z O O � N m B E � Q N 00 H 3N O On E= d a ?► H v d 0 o d a o a O p (i W e4�.. O 01 O o rc 4) fl d O C E rr e0 �a m d s .d �a o t r L. O >% Q >. r O r R E E ar C N W a� O E -W a V r O 4) 0 C � N _W R U) V V ti m 0 tN0 O N m � � .O C. N O Co 0 O v cO � V •�' V r r Raid !0ov 'v O d r V O OL Cf%/ a 3a� H °'fir o O � O p C/1 � v O a� V � Y U v' d0 >1 d T T O 0 U U O � O o cr cz CU 0 .�r-°� i U p . O ''$ �� d RD Q ' S � o o U O ;U ;U • . � O Cw p M O 0 «O N c o • � a o 7 bt ' ] � � b D 3 y. T C� O " w .� cc 0 ° d U O 0 c p bo :5 � o rn 'o 0 O O b O 0 JD � O > O O rA 0 Q o a W 00 0 O o ZO l U M on IS ow o O O U 0 3 Y.y M a� U L L4 O b b 3 b � a 3 O U O N T Q U b4 •� cd O o NFU y ., 44 9 44 Z two c �, 0 U 3 O , v N O :J 3 ¢ 4J cOtl a�i y N � C e °'fir o O � O p C/1 � v O a� V � Y U v' d0 >1 d T T O 0 U U O � O o cr cz CU 0 .�r-°� i U p . O ''$ �� d RD Q ' S � o o U O ;U ;U • . � O Cw p M O 0 «O N c o • � a o 7 bt ' ] � � b D 3 y. T C� O " w .� cc 0 ° d U O 0 c p bo :5 � o rn 'o 0 O O b O 0 JD � O > O O rA 0 Q o a W 00 0 O o ZO l U M on IS ow o O O U 0 3 Y.y M a� U L L4 O b b 3 b � a 3 O U O N T Q U b4 •� cd O o NFU y ., 44 9 44 Z two c �, 0 U 3 i a i e d M C 4p h M 0 J 1 N t i F °>,� A N 7 O , v N ° d :J 1.J ¢ 4J cOtl a�i y N � N e H CD . 0 � v �> tom. ro S+ 4.4 w Q N W N p•� Cd O 'b .Ll 4-J cye � N � W ..i 3 c co '� i O C °3 �°' o U W C a � w W .� p p ro N e: O : o U V7 (� L J•= N o o � o C 44 O O .I v U p p 4 4-J U p '$ O. bf1 N i a i e d M C 4p h M 0 J 1 N t i F °>,� A N 7 O , v N :J ` y o 4j O Nw ` a 44 0 °v N .0 S i L7 Z Z E � v �> 'b • 1 W w Q N W N p•� Cd 4 N C C7 y w U 44 o °� O W ..i 3 c co '� i O C 4j o W k- O o o 44 W O x x N N &w. it U U m U U O O .� C 44 O O .I v U p p 4 4-J U eo A � 17 } i May 13, 2003 Governor's Board of Trustees Office of Cabinet Affairs The Capital Tallahassee, FL 32399 -0810 Re: May 28, 2003 Meeting of the Governor's Cabinet Board of Trustees Everglades Restoration Concerns Gentlemen: The Collier County Board of County Commissioners have compiled responses to the questions submitted by the Florida Department of Environmental Protection (FDEP) questions for discussion at the Governor's Cabinet Board of Trustees meeting on May 28, 2003. We have supplied background material in a continuing attempt to both answer the questions and open a channel of communication that will allow this process to proceed in an expedient manner. The topics submitted for discussion and our responses are as follows: On Tuesday, March 13, 2001, the Collier County Commissioners approved ' Resolution No. 2001 -89, a "Resolution providing for the Establishment of Earthmining, Conditional Use "1" of the "A" zoning district, Pursuant to Section 2.2.2.3 of the Collier County Land Development Code for Property located in Section 16, Township 50 South, Range 26 East, Collier County, Florida." Included was the approval of Conditional Use Petition #CU- 2000 -16 and Commercial Excavation No. 59.764 for the benefit of landowner Jesse Hardy. The Land Development Code for Collier County has designated this area as "Rural and Agricultural Area ". SGGE has also been mapped and identified as Natural Resource Protection Area Overlay on the Golden Gate Area Future Land Use Map. The SGGE area has also been designated as a "Critical Project" under the Federal Water Resources Development Act. How does this property, qualify for a Conditional Use Permit? Have all the requirements set forth on the "Conditions of Approval" to Resolution 01 -89 been reviewed and approved prior to the current excavation activity and is this approval consistent with the current Comprehensive Plan for SGGE? The site is zoned agricultural which means it can be farmed. It can be cleared and farmed any time because farming is a permitted principal use in "agricultural" zoned areas. By State definition aquaculture is the farming of fish. Section 2.2.2.2.1.2 of Collier County Land Development Code states, "aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission Permits" is a permitted Principal use in an Ag area. We do not know if Mr. Hardy has obtained the necessary permits from the State for his aquaculture projects or if he has even applied for them. We would assume that the lakes need to be dug and inspected before a permit for aquaculture could be issued, but that has no effect on the digging of the ponds, just their end use. Since aquaculture (agriculture) is a permitted principal use, Mr. Hardy can dig holes to "grow" fish. We could not deny the permit for agricultural purposes and the DCA concurred. (Exhibit 1) The Conditional Use permit issued by Collier County is not for digging the lake or establishing the fish farm. It is strictly to allow the off -site removal of material, eliminating erosion and other environmental concerns. When the Conditional Use permit expires, Mr. Hardy will still be able to dig holes and farm fish, but he will have to stockpile the fill. We will know if he is conforming to the conditions of his Conditional Use permit by March 2004. Currently he is nowhere near the allowable size (one lake with a surface area of 20 acres( + / -) or depth (20 +/- feet). (Exhibit 2) As to whether the approval is consistent with the comprehensive plan for SGGE, the subject site is not in SGGE. It is on unplatted (acreage) lands designated Agricultural /Rural on the Future Land Use Map of the comprehensive plan. Both this existing in -effect future land use designation, and that adopted as part of the Rural Fringe GMP amendments that still are not in effect (Agricultural /Rural with NRPA- Natural Resource Protection Area Overlay), allow agricultural uses. As the excavation was and is a prerequisite to the proposed agricultural use (aquaculture), it is deemed consistent with the GMP as well. Therefore, the Conditional Use permit is consistent with the growth management plan. (Exhibit 3) What is the status of the County's potential sale of its interest in the roads within the Southern Golden Gate Estates area to the Miccosukee Tribe of Indians of Florida? As previously discussed, The Board of County Commissioners has not approved or directed any such sale. Regarding a potential sale of the County's interest in the roads within the Southern Golden Gate Estates area to the Miccosukee Tribe, David Weigel, County Attorney, has already opined that such a sale is not a prerogative of County government under state law. What is Collier County's application process for approving cutout or split -out of a parcel identification number into several separate and newly classified parcel identification numbers? How long of a process is this? What is required from the landowner in order to have this application approved by the County? As long as parcels within the SGGE area are in private ownership, will it be possible for this procedure to continue? Splitting a parcel is a function of the Collier County Property Appraiser. A property owner wishing to split a parcel into separate identification numbers fills out an application to do so. If the County's records correspond with the information on the form, nothing else is needed for approval. The length of time the process takes varies with the Property Appraisers workload. The filing of this form splits property for tax records only. (Exhibit 4) On April 8, 2003, FDEP supplied Collier County with information indicating exactly what parcels are involved in the acquisition plan thus far. The Collier County Property Appraiser has now been notified in an official capacity that these properties are in the process of being acquired by the State; therefore, no other "splitting" will take place. Any additional inquiries regarding dividing parcels need to be directed to the Collier County Property Appraiser for his response. What procedures are needed in order to avoid having the Collier County Code Enforcement Board Office issue additional Notices of Violation statements with the potential assessment of fines for structures acquired in the project. Demolition of the structures was planned to be conducted at the end of the acquisition and the Notice of Violation is making the State subject to fines and penalties. The FDEP supplied a list of acquired or soon- to -be- acquired parcels that contain improvements as well as a schedule for demolition of these structures to Collier County on April 8, 2003. The Collier County Code Enforcement Board will no longer issue Notices of Violation for these structures and properties while the FDEP adheres to the schedule for demolition. In response to the previous questions and the enclosures received from the FDEP on April 8, 2003, regarding the tax sale of certain properties, the Collier County Clerk of Courts has offered a written response, which is enclosed. (Exhibit 5) Should this enclosure not answer all of your questions, the Clerk of Courts remains available to answer any questions or provide assistance. 3 The Collier County Board of County Commissioners takes issue with any accusations that Collier County has been delaying this Everglades Restoration Project. Once again we would like to reiterate that had the FDEP communicated their plans for land acquisition with Collier County in some type of official capacity rather than assumptions and "understandings ", we would have precluded these unintentional adverse FDEP project consequences. (Exhibit 6) Since the receipt of official notification from FDEP, these issues have been resolved. Therefore, in the interest of the Everglades Restoration Project and Future FDEP land acquisitions, the Collier County Board of County Commissioners would like to submit the following topic for the Board of Trustees agenda for discussion: The FDEP's policy and approach to the eminent domain process and their coordination with local entities. Collier County remains committed to making the Everglades Restoration project successful and will continue to try to assist the FDEP as well as other State and Federal agencies in any way legally possible. If you believe that a meeting is still necessary, we look forward to discussing these topics with you on May 28, 2003. Sincerely, Tom Henning, Chairm Collier County Board of County Commissioners 4 16A1 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANC AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this (344% day of _, 2003 between PMB. LLC hereinafter referred to as "Developer," and the Board of C unty Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Treasure Point . B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Subdivision infrastructure improvements to serve Treasure Point. These improvements will include potable water distribution system, sanitary sewer collection system, roadway improvements, and storm drainage and will be completed within 24 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 202,671.15 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 1:\Projects \804 \80464\FINAL PLAMN AND MAINT AGREEMENT.doc PPL- 2002 -AR -3076 Project No. 2001030087 Release Date 5 -14 -03 Meli, 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are an shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of 2003. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witnesses to By: PMB, LLC Printed or Typed Name ZAP z > >" < o h.. ``f Ra and Bourque Manager Member ' Title Printed or Typed Name 1: \Projects \804 \80464\FINAL PLAT \CN AND MAINT AGREEMENT.doc PPL- 2002 -AR -3076 Project No. 2001030087 Release Date 5 -14 -03 ATTEST: C�?;:r,y BOARD OF COUNTY COMMISSIONERS OF COLLIER CO TY, FL Y i'! y •. cl-.:� By: 5Ii3/b Deputy Cl� test ax, to ;,kil'w S Chairman :. sib oil A proved as to form and legal sufficiency: Patrick G. White Asst. County Attorney (Ord. No. 92- 73,'2; Ord. No. 94-58,'3,10-21-94; Ord. No. 96- 21,'3) I:\Projects \804 \80464\FINAL PLAT\CN AND MAINT AGREEMENT.doc PPL- 2002 -AR -3076 Project No. 2001030087 Release Date 5 -14 -03 PROJECT SUBMITTAL PACKAGE FOR SUBDIVISION CONSTRUCTION PLANS & PLATS Name of Project Treasure Point (formerly. LNIB Rezone) . Engineer/Agent- Herbert L Martin - VanameDaylor Date Submitted REVISED April 113 2003 Telephone 437 -4601 Fax __417-4636 16A1 SUBMITTED ITEM YES NO N/A FEES $500 + ($5 X 3.5 ac.) = S530.00 ® ❑ ❑ Plat Review: $500 + $5 per acre for residential; $10 for non- residential (mixed use is considered residential) ❑ ❑ Data Conversion Fee - $25 ® ❑ ❑ Construction Plans (Roadway, Drainage, Excavation) a) Review (0.42 %) 29,404.5Li&� 0.0042= $ 543.50 b) Inspection (1.3 %) $129,404.50 x 0.013 = $1,682.26 ® ❑ ❑ Utility $2,225.76 a) Review (0.5 %) , Z if 0.005 = $ 274.21 b) Inspection (1.5 %) $54,842 x 0.015= 8$ 22.63 $1,096. 84 PLANS Total = $39877.60 [xa ❑ ❑ Flats (13) Signed & Sealed (previous total - S3,819.07) • 19.07) M1 ❑ ❑ Construction Drawings (8) (additional fee due = S5" 853) © ❑ ❑ Boundary Survey (4) ® ❑ ❑ Acrials (3) — Sheet 3 of Construction Plans BACKUP INFORMATION PLATS ® ❑ ❑ Approval Letters from Utility Providers C�7 ❑ ❑ Construction & Maintenance Agreement - Draft ® ❑ ❑ Waiver & Release Cx� ❑ [] Letter of Intent ® ❑ ❑ Homeowners Documents CONSTRUCTION PLANS ® ❑ ❑ Engineers Cost Estimate/Opinion of Probable Cast ❑ W ❑ Soil Borings �O © ❑ ❑ Engineers Report (4) �� ► .�` X\1 �11 4 73SUING BANK �i'EET NATIONAL BANK --�L[}8AL TRADE OPERATIONS i FLEET WAV, MAIL STOP PAEHOB02SM ZfRANTON PA l8507-1999 � � �"� �� � . ' ^� w�v w�� W��~�~ �n�� STANDBY LETTER OF CREDIT NO. RS1409=7C DATE OF ISSUZ JUNE 3, 20OZ APPLICANT: RAYMOND 8OVRQUE PMB, LLC RAYMOND 8OURQUE MGR. MEMBER 346 CUSHMAN RD. SOUTH ATTLEBORO, MA 02703 8ENEFICIARY� THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C!O OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES FLORIDA AMOUNT/CURRENCY. U5D 202,671.15 TWO HUNDRED TWO THOUSAND SIX HUNDRED SEVENTY ONE AND I5/100'S US DOLLARS DATE AND PLACE OF EXPIRY: JULY l, 2004 OUR cOUNTEFE, �E HEREBY OPEN OUR IRREVOCABLE LETTER 05WCREDIT IN YOUR FAVOR FOR THE ACCOUNT OF rr«3. LLQ VP TO AM AGGREGATE AMOUNT OF 202,671. 15 U5D (TWO HUNDRED TWO THOUSAND S{X HUNDRED SEVENTY ONE AND 15/100 USD) AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "PM8, LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE !NFROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAN OF A SUBDIVISION KNOWN AS rREASURE POINT OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT 3EEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY.'' 7RAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: DRAWN UNDER FLEET NATIONAL BANK'S CREDIT NO, RS1409973, DATED JUNE 16, 2003" ' rHE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS. IF ANY, MUST BE PRESENTED FGR 4HOPER ENDORSEMENT, THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING +ND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY 72FERENCE TO ANY DOCUMENT, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN 04I0H THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED - tA *W PAGE THIS IS AN INTEGRAL PART CF LETTER OF CREDIT NUMBER: RS1409973 TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT ISSUER HEREBY AGREES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT- THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY (1993 REVISION) INTERNATIONAL CHAMEEB OF COMMERCE PUBLICATION NO. 500. ~_�-�___________�~� AUTH�RIZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S) !2 DATE OF AMENDMENT: JULY 14, 2003 ISSUING BANK: FLEET NATIONAL BANK C/O GLOBAL TRADE OPERATIONS 1 FLEET WAY, MAIL STOP PAEHOS02SM SCRANTON PA 18507 -1999 AMENDMENT TO LETTER OF CREDIT NO.: RS1409973 DATE OF ISSUE: JUNE 3, 2003 APPLICANT: RAYMOND BOURGUE PMB, LLC RAYMOND BOURGUE MGR. MEMBER 346 CUSHMAN RD. SOUTH ATTLEBORO, MA 02703 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C/O OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES FLORIDA 38104 ATTN: JOHN HOULDSWORTH THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: r THE FOLLOWING CONDITION HAS BEEN ADDED: IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR PERIOD(S) OF ONE YEAR EACH.FROM THE CURRENT EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE, WE NOTIFY YOU BY REGISTERED MAIL AT THE ABOVE LISTED ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. ANY SUCH NOTICE SHALL BE EFFECTIVE WHEN SENT BY US AND UPON SUCH NOTICE TO YOU, YOU MAY DRAW AT ANY TIME PRIOR TO THE THEN CURRENT EXPIRATION•DATE, UP TO THE FULL AMOUNT THEN AVAILABLE HEREUNDER, AGAINST YOUR DRAFT(S,) DRAWN ON US AT SIGHT AND THE ORIGINAL OF THIS LETTER OF CREDIT AND ALL AMENDMENTS THERETO, ACCOMPANIED BY YOUR PURPORTEDLY SIGNED STATEMENT ON YOUR LETTERHEAD STATING THAT YOU ARE IN RECEIPT OF FLEET NATIONAL BANK'S NOTICE OF NONRENEWAL UNDER LETTER OF CREDIT NO.RS1409973 AND THE APPLICANT'S OBLIGATION TO YOU REMAINS. THE FOLLOWING CONDITION HAS BEEN AMENDED: 16A1 PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT /ADVICE NUMBER: RS1409973 AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY ADMINISTRATOR CERTIFYING THAT: "RAYMOND BOURQUE PMB, LLC HAS FAILED TO CONSTRUCT AND /OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS TREASURE POINT OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY AND SATISFACTORY ALTERNATE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." THE BENEFICIARY PARTY HAS BEEN AMENDED: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C/O ENGINEERING REVIEW 2800 N. HORSESHOE DR. NAPLES FLORIDA 38104 ATTN: JOHN HOULDSWORTH ALL CORRESPONDENCE INCLUDING PRESENTATIONS UNDER THIS LETTER OF CREDIT SHALL BE SENT TO FLEET NATIONAL BANK, ATTN: GLOBAL TRADE OPERATIONS DEPT., STANDBY UNIT, 1 FLEET WAY, SCRANTON, PA 18507. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. r AUTHORIZED SIGN RE SUPERVISOR THIS DOCUMENT CONSISTS OF 2 PAGE(S). 0 Fleet 02SEP 16 AH1i' 10 FLEET NATIONAL BANK Certified Copy Of General Resolution of the Board of Directors I, the undersigned, Wanda J. Davids, DO HEREBY CERTIFY that: �M, 1. I am an Assistant Secretary of FLEET NATIONAL BANK (hereinafter called "the Bank ") and in that capacity have access to and authority to certify to the records of proceedings of the Board of Directors of the Bank. 2. Set forth below is a correct and complete copy of a resolution duly adopted by the Board of Directors of the Bank at a meeting duly called and held in accordance with law and the By -Laws of the Bank on April 16, 2002 at which a quorum was present and voted throughout: RESOLVED: That each person who is appointed as an Executive Officer or an Authorized Officer of the Bank by the Board of Directors, or by the Chairman or the President and Chief Executive Officer or who is otherwise designated as such in accordance with the By -Laws of the Bank or pursuant to the policies and procedures of the Bank shall have the power (without prejudice to any powers conferred on him or her by the By -Laws or other resolutions of the Board of Directors of Fleet National Bank or any predecessor bank that are not inconsistent with these resolutions) to do all or any of the things set forth below in the name and on behalf of the Bank, whether the interest of the Bank in the subject matter is that of the Bank solely fV its own account or of the Bank in a fiduciary or representative capacity; provided, however, that any Executive Officer may restrict the power of any Authorized Officer, employee, agent or attorney to the business of a specific department or departments, or to a specific office or branch offices, and it addition, the powers of any Executive Officer or Authorized Officer shall be subject to any applicable limitations provided in the Bank's policies and procedures: (1) to receive money, securities and valuables of all kinds on deposit or for safekeeping; to issue certificates of deposit; to lend or advance money on such terms as may seem expedient; to discount and negotiate promissory notes, drafts, bills of exchange and other evidences of debt; to buy and sell exchange, coin and bullion; to execute acceptances; to execute, issue and advise letters of credit; and to purchase and sell for customers' accounts, stocks, bonds, securities or other financial instruments (including any derivative instruments thereon or entered into in connection therewith; (2) to undertake the office of and to perform duties of trustee, executor, administrator, conservator, guardian, receiver, depositary, attorney or agent for any person (which term as used in this resolution means and includes a natural person, a company, a corporation, a partnership, a voluntary association, a trust, an estate, a government (national, state, regional or local) or a department or agency thereof, and any other form of legal entity however designated and wherever formed or existing); to -2- am undertake and perform for any person any duties in relation to the registration of transfers and the issue of certificates of stocks, bonds and other securities; (3) to purchase or otherwise acquire for the Bank any property, rights or privileges which the Bank is authorized to acquire, at such price and generally on such terms and conditions as may seem suitable; (4) to effect, maintain, make proofs of loss and recover under insurance against loss, damage and liability; (5) to sell, lease, mortgage, assign, transfer, convey and deliver, on such terms as may seem suitable, any real or personal property or interest therein owned by or standing in the name of the Bank or in the name of any nominee or nominees of the Bank, or in the name of any decedent, lunatic, minor or other person for whose estate the Bank acts in a fiduciary or representative capacity, or in the name of any principal for whom the Bank is acting as agent or attorney; (6) to borrow money with or without security and otherwise on such terms as may be deemed expedient, and to pledge, mortgage, assign, charge or otherwise create security interests in any property or interest in property; (7) to negotiate and fix and vary the terms of and to execute and deliver contracts, agreements, indentures, deeds, leases, assignments, concessions, licenses, options, mortgages, instruments of pledge or hypothecation, instruments creating liens, charges and security interests and all other instruments, sealed or unsealed; (8) to execute and file in Court or with any governmental agency or public official any petitions, bonds, accounts, reports and other documents of like or different nature necessary or deemed expedient in connection with the conduct of the business of the Bank or the exercise by the Bank of its fiduciary powers; (9) to execute bonds, letters of indemnity and other undertakings to indemnify persons dealing with the Bank either in its own right or in a fiduciary or representative capacity; and to pledge assets as security for deposits of Federal or State monies as required by law; (10) to effect and to renew, extend, cancel or terminate the recordation or registration, whether under statutory provisions or otherwise, of title to, or any mortgage, pledge or assignment of, charge or lien upon or other security interest in or any lease, easement, license, option or other interest in or right to, any real or personal property (including proceeds thereof), and to make any affidavits required in connection with any such recordation or registration; (11) to make partition with joint owners of any property in which the Bank has an interest, at public auction or private sale or by agreement or by set -off or otherwise; (12) to exercise options, warrants, subscriptions, conversion, voting and other rights of whatsoever nature pertaining to any property, and to make payments therefor and to grant proxies, discretionary or otherwise and with or without power of substitution, in respect thereto; (13) to demand payment of debts owing to the Bank; to demand satisfaction of other claims by the Bank; to collect and receive money owing to the Bank; and to make and give receipts, releases and other discharges for debts owing to the Bank and other claims; -3- 16A1 (14) to compromise any matter of difference or to submit such matter to arbitration and to comply with the award; to compromise or compound debts owing to the Bank and other claims -of the Bank; to extend the time for payment of debts owing to the Bank, to accept partial payments thereon and to allow time for the satisfaction of other claims of the Bank; to adjust disputes in relation to debts of the Bank or claims against it; to release or accept exchanges of security for debts and other obligations owing to the Bank; to discharge securities, guarantors, endorsers and joint obligors of debts or other obligations owing to the Bank; and to grant waivers of or consents to departures from strict performance or observance of the terms of conditions of contractual obligations to the Bank; (15) to exercise by foreclosure, sale, entry into possession, appointment of a receiver, leasing or otherwise, any powers vested in or exercisable by the Bank by virtue of any mortgage, pledge, charge, security agreement or lien; and to effect the transfer or assignment of any mortgage, pledge, charge, security interest or lien and the release or reconveyance of all or part of the property encumbered or charged; (16) to institute, join in, carry on, defend, withdraw or abandon or submit to judgment or decision in, any legal or administrative proceedings affecting the Bank, its property or any of its directors, officers or employees; to give security or indemnities for costs, to pay money into Court and to obtain payment of money lodged in Court; (17) to consent to or participate in any plan of dissolution, reorganization, consolidation, merger, combination or similar plan, and to consent to any contract, lease, purchase, sale or other action pursuant to such plan, to serve as a member of any committee of creditors or holders of securities of any party to such plan, and to pay assessments and other charges incidental to the Bank's participation in such plan; and to institute, join in, carry on, direct, participate in, withdraw or abandon any proceedings involving bankruptcy, insolvency, reorganization or rehabilitation of any debtor or any arrangement among creditors of any debtor; (18) to engage, fix and vary the terms of service of, remunerate and dismiss any agents or contractors in any part of the world, including brokers, attorneys and accountants, to transact any business or to do any acts or things on behalf of the Bank; (19) to execute guarantees of the obligations of any of the Bank's subsidiaries when the Bank has a substantial interest in the transaction involved; subject to such terms and conditions as are appropriate; (20) to effect contributions of money or other property to such persons or entities and in such cases as may be deemed conducive to the interests of the Bank or otherwise expedient; (21) to enter into agreements in the name and on behalf of the Bank for the purpose of trading in any and all loans, notes, securities or other financial instruments (including any derivative instruments thereon or entered into in connection therewith) on behalf of the Bank and for the account of customers, stocks, bonds and other securities; to purchase, sell (including short sales), lend, borrow, pledge, assign, margin and deliver U.S. Government and Federal Agency securities, any security guaranteed or insured by the U.S. Government, bank - eligible state and municipal debt obligations, options, futures and forward transactions on the foregoing instruments as well as repurchase and reverse repurchase agreements relating to the foregoing instruments; and to negotiate and fix and vary the terms of and to execute and deliver contracts, agreements and any and all other instruments'which the officer so acting deems to be necessary or appropriate to carry out the purpose of this authorization; (22) to enter into any agreement, in the name and on behalf of the Bank, which is a rate swap transaction, a basis swap, an equity or equity indexed swap, a forward rate transaction, commodity swap, commodity option, bond option, interest rate option, equity or equity indexed option, foreign -4- 16A1 exchange transaction, cap transaction, floor transaction, collar transaction, currency swap transaction, cross - currency rate swap transaction, currency option, credit default or protection transaction or total return swap in respect of loans, debt or equity securities or other financial instruments or any similar transaction (including any option with respect to any of these transactions), or any combination of these transactions or similar type of transaction which the officer so acting deems to be necessary or appropriate consistent with the authority granted hereby; (23) to buy, sell, establish, open, relocate, merge, close, dissolve, or liquidate any offices, offshore banking units, representative offices, branches or subsidiaries of the Bank domestically or internationally and in conjunction therewith to execute and file with any governmental agency or other official any documents deemed necessary or appropriate; (24) to open one or more accounts with any bank or other financial institution as may be deemed necessary or appropriate to further the business of the Bank and in connection therewith to provide any certifications or other documents deemed necessary or appropriate; (25) to appoint by power of attorney any person or persons to be the attorney or attorneys of the Bank for such purposes and with such powers, authorities and discretion (not exceeding those vested in or exercisable by the appointing officer) and for such period and subject to such conditions as the officer making such appointment may think fit; and to revoke or vary any prior appointment; (26) to do all acts and things necessary or deemed expedient in connection with the exercise of any of the aforementioned powers; and (27) provided further, that any Assistant Secretary of the Bank may, from time to time, designate any Executive Officer, any Authorized Officer or any employee, agent or attorney of the Bank with an official title as may be necessary or required by Federal, state or local law or regulation or by custom of the business or industry in which such individual is engaged in order to bind the Bank or to execute the authority granted hereunder. 3. The foregoing resolution has not been altered, revoked or superseded but is in full force and effect on the date of this Certificate. 4. Each person named below was duly appointed to and holds the title in the Bank indicated after his or her name and has been designated an Executive Officer or an Authorized Officer of the Bank. Name Title or Designation Michael A. Grizzanti Supervisor, Global Trade Operations IN WITNESS WHEREOF, I have hereunto set my hand and affixed hereto the seal of Fleet National BaWthis. 12th day of September, 2002. Wanda J. Davids ,T- 4`= Assistant Secretary 07/18/2003 10:04 FLEET GLOBAL TRADE OPERATIONS 4 912396436968 NO.579 1?02 � 1 FLEET NATIONAL BANK C/O FLL-ET SERVICES INC. I FLEET WAY SCRANTON, PA— 18507 -1999 DATE: JULY 18, 2003 THE BOARD OF COUNTY CONWSSIONERS COLLIER COUNTY, FLORIDA GO ENGINEEMG REVIEW 2800 N. HORSESHOE DR. NAPLES FLORIDA 34104 ATTN; JOHN HOULDSWORTH RE: RAYMOND BOURQUE PMB, LLC RAYMOND BOURQUE MGR. MEMBER 346 CUSHMAN RD. SOUTH ATTLEBORO, MA 02703 LETTER OF CREDIT NUMBER R91409973 GENTLEMEN: FLEET NATIONAL BANK, AT THE REQUEST OF RAYMOUND BOURQUE PNB, LLC HAS PROVIDED ITS IRREVOCABLE STANDBY LETTER OF CREDIT NO. RS 1409973, WHICH WAS SENT TO YOU IN THE AMOUNT OF USD 202,671.15, DATED JUNE 03, 2003, IN YOUR FAVOR, THIS WILL CERTIFY THAT ALFONSO MALAVE IS AUTHORIZED TO PROVIDE AND fi MCUTE THE PREVIOUSLY SLANT IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER RS1409973, AND THAT THE SIGNATURE ApPEA.RING ON SAID LETTER OF CREDIT IS AUTHENTIC, AND THAT THE BANK HAS COMPLIED WITH ALL FDIC REQUIREMENTS AND OTHER APPLICABLE LAWS IN CONNECTION WITH THE ISSUANCE OF SUCH LETTER OF CREDIT. VERY TRULY YOURS, FLEET NATIONAL BANK to �, EXHIBIT A -1 Contract Amendment 02 -3293 "Consultant Services for Update of Collier County Land Development Code (LDC)" This amendment, dated April 28, 2003, to the referenced agreement shall be by and between the parties to the original agreement, The Gail Easley Company, (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "Owner "). — Statement of Understanding RE: Contract #02 -3293 "Consultant Services for Update of Collier County Land Development Code (LDC)" The following change to the above referenced agreement has been mutually agreed to by the Consultant and the County: Additional services to be provided are as follows: Task 1. Prepare Proposed Land Use Groups The consultant will prepare proposed land use groups for use in assigning land uses to zoning districts. The description of land uses will include the characteristics of the group of uses, in sufficient detail to allow administrative interpretation of the assignment of newly identified uses to an appropriate group. The description will also include illustrative examples of land uses within each land use group, as a means of clearly understanding the purpose and characteristics of the group of uses. Task 2. Analyze the GMP The consultant will complete the following subtasks to determine the consistency of the proposed land use groups with the GMP. a. Future land use categories in the GMP will be analyzed in terns of the types of uses allowed, the intensity and other characteristics of the uses, and the relationship between the future land use categories in the GMP and the proposed land use groups for the Unified Development Code (UDC). b. Objectives and policies in all relative elements of the GMP will be analyzed to determine their application to land development and land use. The analysis will be conducted to determine consistency between the objectives and policies and the proposed land use groups for the UDC. c. The consultant will prepare a white paper to document findings and results of the analysis. d. The consultant will assist County staff in making assignments of the new land use groups to the zoning districts. Task 3. Modify Proposed Land Use Groups The consultant will prepare revisions to the proposed land use groups to address any inconsistencies identified in Task 2 above. Administrative Requirements: Meetings and Workshops: The Consultant will meet with County staff in two workshop sessions to present the proposed land use groups, present the white paper on GMP consistency, present proposed land use assignment to zoning districts, and develop the final draft of the land use groups for use in a BOCC workshop. One workshop each will be held with the Planning Commission and Board of County Commissioners to present the concept. Deliverables: 16A2 1. First draft of proposed land use groups (descriptions and definitions) 2. White paper documenting the GMP analysis 3. Proposed land use assignments to zoning districts (table) 4. Final draft of proposed land use groups 5. Four trips for staff workshops, Planning Commission workshop and BOCC workshop. Schedule: The Consultant shall complete the services under this Amendment as listed within ninety (90) days upon receipt of the fully executed Amendment. Compensation: The Consultant shall be paid a lump sum amount totaling $12,500.00 for these additional tasks and work products, including travel and expenses. 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. Approved as to form and legal sufficiency: Robert N. Z chary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TQi+kTNING, CHAIRMA 4 11 }hJI:Cf€3T BROCK ty C1e Attest A-t `to " Ciatnl�n's 0966 Yrs `ally. The Gail asley Company By: V &L Signature V. Gal I Ed5I er2S1 y, Typed Sign and Title CORPORATE SEAL (corporations only) 16r? RESOLUTION NO. 03- 168 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN ISLANDWALK PHASE FIVE "A ", RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 10, 2000 approved the plat of Islandwalk Phase Five "A" for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Islandwalk Phase Five "A ", and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Islandwalk homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE:; ATTEST: DWIGHT t BRUCI { *Its$ signs � w��t only. Approved as to form and legal —scienciv), / Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLO A By: TOM HENNING , CHAIRMA i 1 i RESOLUTION NO. 03 ---169 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE AND F WATE THOSE ANDROADWAY, DRAINAGE, ISLANDWALK IMPROVEMENTS IN TOWNCENTER, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RAINEAGENS RESPONSIBILITY WATER ROADWAY, R AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED K E ISLANDWAL HOMEOWNER'S AS SO BY WHEREAS, the Board of County Commissioners Towncoent Collier for re �ordin, gFand a' on November 23, 1999 approved the plat of Isl andwalk WHEREAS, the Developer has constructed and maintained the roadway, plans and drainage, and water and sewer improvements accordance l er Count approved e specifications and as required by the Land Development Code (Co No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01 -57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED nO�OF O h COMMISSIONERS OF COLLIER COUNTY, OR FLORIDA, final acceptance hereby granted for those roadway, drainage, and water and sewer improvements in Islandwalk Towncenter , and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant be maintained by the drainage, Islandwalk Homeowneres improvements that are not required to Association. This Resolution adopted after motion, second and majority vote favoring same. A�PTEST , WIGH E BR�OGK, CLERK n tine+•s sign 041y. oved as to form and legal suffic enc Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA iL - This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN 16A7 This is to certify that the claim of lien in the sum of Nine Thousand Five Hundred and Twenty Nine Dollars and Eighty Cents ($9,529.80), arising out of the Code Enforcement Board Order Imposing Fine /Costs/Lien dated July 25, 2002 recorded in O.R. Book 3087 Page 2027 through 2032, and re- recorded in O.R. Book 3087, Page 2039 through 2044, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Charles H. Goings has been satisfied in full. Lot 13, Block 39, Unit No. 3, NAPLES PARK, Unit No. 3, according to the Plat thereof in Plat Book 3, Page 5, of the Public Records of Collier County, Florida. Folio No. 62648840000 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Charles H. Goings and consents to this lien being discharged of record. Dated this day of —, 2003. ATTEST: DWIGHT E,, BROCK, Clerk 1 i By: (A 1]44u Clerk ktutt, as s,i 9natyr4 -�9aj 'y. Approved-4's -t6 form Ilegal sufficiency: / Bg 4&'L�� n T. Chadwell Assistant County Attorney N BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM ING, Chairman * ** 3183440 OR; 3290 PG; 2774 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/14/2003 at 10:10AH DWIGHT E. BROCK, CLERK RBC FEE 6,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 1240 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN 16A7 This is to certify that the claim of lien in the sum of Nine Thousand Eight Hundred and Fifty Four Dollars and Seventy Cents ($9,854.70), arising out of the Code Enforcement Board Order Imposing Fine /Costs/Lien dated March 28, 2002 recorded in O.R. Book 3012 Page 2962 through 2968, and re- recorded in O.R. Book 3012, Page 3086 through 3092, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Bonnie L. Harrod has been satisfied in full. Lots 1 and 2, Block 29, NAPLES PARK, Unit No. 3, according to the Plat thereof in Plat Book 3, Page 5, Public Records of Collier County, Florida. Folio No. 62636600003 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Bonnie L. Harrod and consents to this lien being discharged of record. Dated this 13 dayof:Mla44 , 2003. ATTEU: n RW06AT `Ee- 13R0CK, Clerk -ti Y' At S t0' t�Ai11"y�erk U, 'i r sjrr a only. Approved as to form Andlegal su icien y: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM ftNNINK, Chairma * ** 3183441 OR; 3290 PG; 2775 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/14/2003 at 10:10AM DWIGHT E. BROCK, CLERK REC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 * ** 3183442 OR; 3290 PG; 2776 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 05/14/2003 at 10:10AK DWIGHT B. BROCK, CLERK REC FEE 6.00 This instrument prepared by: COPIES 1.00 Janet Powers, Operations Manager Retn: Code Enforcement CLBRK TO THE BOARD 2800 N. Horseshoe Drive INTEROFFICE 4TH FLOOR Naples, Florida 34112 16A7 (239) 403 -2440 B %T 1240 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Thousand One Hundred Eighty Nine Dollars and Seventy Nine Cents ($2,189.79), arising out of the Code Enforcement Board Order on Respondents' Request for Reduction of Fines/Lien dated December 16, 2002, wherein the Code Enforcement Board reduced the fine amount of Three Thousand Seven Hundred and Fifty Dollars by fifty percent ($3,750.00) as recorded in O.R. Book 3188, Page 0241 through 0242, of the Public Records of Collier County, Florida, and the Order Imposing Fine/Lien dated June 27, 2002 recorded in O.R. Book 3125 Page 2353 through 2359, and re- recorded in O.R. Book 3125, Pages 2447 through 2453, in the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by David and Zenaida Falato has been satisfied in full. Lots 11 and 12, Block 2, of TRAII. ACRES, according to the plat thereof, recorded in Plat Book 3, Page 50, of the Public Records of Collier County, Florida. Folio No. 0077210680007 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by David and Zenaida Falato and consents to this lien being discharged of record. Dated this 13 day of _, 2003. ATTEST: DWJUI . E. eROCK, Clerk ;, De�ueClerk t �t '0.i�1it�'S v��he.A�11 Approved as to fo. rm An legal sufficient Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAA,- Pl, TOM WENNOb, Chairm * ** 3183443 OR. 3290 PG; 2777 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/14/2003 at 10:10AK DWIGHT B. BROCK, CLERK RBC FEE 6.00 This instrument prepared by: COPIES 1.00 Janet Powers, Operations Manager Retn: Code Enforcement CLERK TO THE BOARD 2800 N. Horseshoe Drive INTEROFFICE 4TH FLOOR n Naples, Florida 34112 BIT 7240 A 7 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Five Hundred and Forty Two Dollars and Seventy Cents ($542.70), arising out of the Code Enforcement Board Order Imposing Fine /Costs/Lien dated April 25, 2002 recorded in O.R. Book 3032 Page 0599 through 0603, and re- recorded in O.R. Book 3032, Pages 0634 through 0638, of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Anna Rosa Avalos has been satisfied in full. The North 340 feet of the East 435 feet of the Northeast Quarter of the Southeast Quarter of Section 9, Township 47 South, Range 29 East, Collier County Florida excepting however, the East 50 feet thereof deeded for State Road S -846 right -of- way and less the North 30 feet thereof deeded for County Road right -of -way. Folio No. 00135000001 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Anna Rosa Avalos and consents to this lien being discharged of record. Dated this /_3 day of , 2003. ATTEST: DWIGHT E. BROCK, Clerk By: Dep lerk kt st as to cmftmo: signature only. Approved as to form A legal sufficienc Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTYthlV MISSIONERS COLLIER COUNTY, FLORIDA T&_'fi NN G,`t,h4airman. MEMORANDUM Date: May 15, 2003 To: Kelsey Ward, Purchasing Agent Purchasing Department Support Services Division From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Contract No. 02 -3317 "Consultant Services for Impact Fee Update Studies - Fire Protection ", Henderson, Young & Company, Contractor Enclosed please find three originals for the document as referenced above, approved by the Board of County Commissioners on May 13, 2003 (Agenda Item #16A8). Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures Contract 02 -3317 Consultant Services for Impact Fee Update Studies — Fire Protection PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this i3 day of 72-7 2003, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and Henderson, Young & Company, a Louisiana corporation, authorized to do business in the State of Florida, whose business address is 8060 — 165"' Ave. N.E., Suite 220, Redmond, WA 98052 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting services of the CONSULTANT concerning Consultant Services for Impact Fee Update Studies — Fire Protection (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 N, ARTICLE ONE CONSULTANTS RESPONSIBILITY 16AG 1.1. CONSULTANT shall provide to OWNER professional Consultant services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT' project manager (hereinafter referred to as the "Project Manager "). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the 2 16A8 OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or 3 16A8 legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic E 16A8 evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.6. Services during out -of -town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator "). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANTSs services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: 5 16 A8-, (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. I ARTICLE FOUR TIME M 1 -4 6 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by 16A8 CONSULTANT after expiration of said twenty -four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use 8 6 A 87�� ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and I 16A8 description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANTSs acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT' services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. 10 ARTICLE TWELVE TERMINATION OR SUSPENSION H1 0 Af 46 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinance, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be 11 16A8 performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates 12 ...................... 16A8 and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 239 - 732 -0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: 13 Henderson, Young &Company 16A8 8060-165 th Ave. NE, Suite 220 Redmond, WA 98052 Fax: 425 - 869 -5669 Attn: Randy Young 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 33 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or 14 16A8 understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consultant Services for Impact Fee Update Studies — Fire Protection the day and year first written above. ATT.ES7; .E. 0. Widh# -E Br,6t , -Clerk Attes� �t to CAt�1��• signature onl Approved as to orm and le Assistant CodKty Attorney j �n Witness 'l (1 Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA tA. By: Chairman Henderson, Young & Company By: (CQEZ , 0jZK E SEAL) 4sq 15 SCHEDULE A SCOPE OF SERVICES 16A8 FIRE PROTECTION IMPACT FEES A Assemble Background Information and Prepare Methodology A.1. Assemble Background Information and Current Data The Consultant will list background information and current data that will be provided by fire district staff and County staff, and the Consultant will respond to questions and requests for clarification form staff. The list will provide specific guidelines for the following information: Inventory and Current Levels of Service Fire district staff will prepare an inventory of existing fire stations and apparatus (i.e., fire engines, pumpers, aerial trucks, tankers, brush trucks, etc.) , and current levels of service, such as call loads and response times. Incident Data Fire district staff will provide run reports or other response data from, or similar to, the state and /or national incident reporting systems. Cost Information Fire district staff will provide local examples of costs of fire stations and apparatus. Local data will include recent actual costs for stations and apparatus acquired in the last 3 years and costs listed in the most recent capital improvements plan for fire protection. Revenue and Financing History Fire district staff will assemble information about revenues that were used to pay for fire stations and apparatus in Collier County during the past 3 years. Property Information County staff will obtain from the Property Appraiser files containing information about property in each participating fire district. Growth and Demographic Data County staff will provide the most recent local information about existing and future population, dwelling units, and persons per dwelling unit in the County. All data will be reported countywide and for each fire district. A.2. Prepare Methodology for Collier County's Fire Impact Fees. The Consultant will develop the methodology for fire impact fees for fire districts in Collier County. The methodology will, insofar as possible, be based on the methodology developed by the Consultant in 2002 for the City of 16 Marco Island. B. Data Compilation and Analysis B.1. Evaluate Data The Consultant will review the data from Task A.1. The Consultant will follow - up with fire district and County staff regarding any information that is incomplete or inconsistent. B.2. Prepare Cost Model The Consultant will develop the formulas and algorithms (from the methodology in Task A.2) for calculating the updated fire impact fee to implement revisions to the methodology identified during Task A.2. The Consultant will describe each variable in each formula, and document the data and /or assumptions used for each variable. B.3. Analyze Data The Consultant will analyze the data from Task A.1 to determine the current levels of service of fire protection in Collier County, calculate average costs of fire stations and apparatus to determine the cost basis to be used in the updated impact fee for fire protection, calculate an average "credit" calculation for impact fee rates and average incident rates for various types of land use. C. Legal Review and Development of Recommended Fee Schedules C.1. Determine Legal Sufficiency The Legal Advisor will review the impact fee methodology (developed in Task A.2) for legal sufficiency under Florida and federal law. The Legal Advisor will also recommend any necessary changes to the County's existing impact fee ordinance to accommodate any changes to the impact fee rates and methodology. C.2. Calculate Rates, and Prepare Rate Study The Consultant will prepare a spreadsheet model to calculate the impact fee rate for each category of land use. The Consultant will enter in the spreadsheet the data from the research and analysis (Tasks A and B), and the model will calculate the impact fee rates. The Consultant will prepare a new rate study to describe all the equations, data, assumptions, and resulting impact fee rates. The rate study will identify and provide detailed criteria for any exemptions that may be appropriate for Collier County. D. Meetings and Public Hearings D.1. Review of Draft Updated Fire Impact Fees by Fire District and County Staff 17 The Consultant will participate in one teleconference with fire district an 16A8 County staff to respond to staff questions, comments, and suggestions about the draft rate study for fire impact fees. The Consultant will revise the draft fire impact fee as indicated by input from fire district and County staff. D.2. Review of Updated Fire Impact Fees by Fire District Boards and Stakeholders The Consultant will attend and participate in one consolidated public meeting of all Fire District Boards which will be open to the community and all stakeholders (i.e., development industry, and homeowner or taxpayer groups). The Consultant will present the updated rate study for fire impact fees, respond to comments, questions and suggestions from Board members and stakeholders. D.3. Review and Adoption of Updated Fire Impact Fees by County Commission The Consultant will attend and participate in one public hearing of the County Commission. The Consultant will present the updated rate study for fire impact fees, respond to public comments, and assist the Commissioners in their review and consideration of updated fire impact fees for the County. END OF SCHEDULE A 18 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services ". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub - paragraphs: (a) expenses for transportation and subsistence incidental to out -of -town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project - related items in addition to those otherwise required in Basic Services; 19 (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock -ups requested by OWNER. B.2.3. Byway of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. 20 SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Collier County Fire Protection Impact Fee Cost Proposal Henderson, Young & Company and Nabors, Giblin & Nickerson April 24, 2003 21 Total Task Cost A.1 Assemble Background $ 1,859 Information and Current Data A.2 Prepare Methodology 1,653 B.1 Evaluate Data 3,719 B.2 Prepare Cost Model 1,859 B.3 Analyze Data 5,475 C.1 Determine Legal Sufficiency 5,966 C.2 Calculate Rates and Prepare 6,715 Rate Study D.1 Fire District and County Staff 2,479 Review D.2 Fire District and Stakeholder 3,099 Review D.3 County Commission Action 5,500 TOTAL $ 38,324 21 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Henderson, Young & Company Randall L. Young $155 William P. Henderson, III $155 Jane A. Fitzpatrick $103 Paula Armstrong $ 46 Nabors, Giblin & Nickerson, P.A. Robert L. Nabors Heather J. Encinosa $205 $180 22 SCHEDULE C PROJECT SCHEDULE Task A.1 Assemble Background Information and Current Data A.2 Prepare Methodology B.1 Evaluate Data B.2 Prepare Cost Model B.3 Analyze Data CA Determine Legal Sufficiency C.2 Calculate Rates and Prepare Rate Study D.1 Fire District and County Staff Review D.2 Fire District and Stakeholder Review D.3 County Commission Action No. Weeks After Notice to Proceed 7 7 9 11 13 14 15 17 21 26 23 �i SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 24 i A8 (7) Contractor /Consultant /Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? Yes X_ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements 25 b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee M (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor /Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall 26 16A8 be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X_General Aggregate $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 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. 27 r (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. Applicable X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. Applicable X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. Applicable X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. 28 16A8 This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontrators in the Work. 29 16 g 8 (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_ Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 30 �a 1* (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X_ Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate 31 16A8 (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant /Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 32 f1COR ,. CERTIFICATE OF LIABILITY INSURANCE DA 03 PRODUCER (425)822 -3500 FAX (425)822 -3510 Conover- Ederer Insurance 11250 Kirkland Way P. 0. Box 3299 Kirkland, WA 98033 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 INSURED Henderson, Young & Company, Inc. 8060 165th Ave NE Ste #220 Re mond, WA 98052 -4465 INSURER A: Assurance Co of America INSURER B: Lloyd's of London INSURER C: INSURER D: INSURER E: t,tJVticAU�a THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT R A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR X Stop Gap - POLICY NUMBER. PAS Z539n27 11 POLICY EFFECTIVE DATE MM /DD/YY 05/001/2003 . POLICY EXPIRATION DATE MM /DD/YY 05/01/20.04- LIMITS. EACH' OCCURRENCE $ 1.000,00 FIRE DAMAGE (Anyone fire) $ 50, 00 MED EXP (Any one person) $ 10,00( PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO PAS25398273 05/01/2003 05/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) $ A SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X X — PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F-1 CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- I TORY LIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY _ E.L. DISEASE - EA EMPLOYEE $ E.I.. DISEASE - POLICY 1-11107 a B OTHER Errors & Omissions Professional Liability 3C,3 -0004 004A 03/08/2003 03/08/2004 $1,000,000 - Each Claim $1,000,000 - Aggregate $10,000 - Deductible per claim DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ollier County Board of County Commissioners, Naples, FL is additional insured except for Professional Liability GCK I It-ILA I t 11VLLJr-M ADOII IUNAL INSUKCU; INJUMMM L 1 Grcc + •• - - - -- •• •— - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Collier County Board of County Commissioners Kelsey Ward, Purchasing Building G Collier County Gov't Complex 3301 Tamiami Trail East Naples, FL 34112 25 -S (7/97) EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Melinda Holloway/ME IND GA �j!!Kti ©ACORD CORPORATION 1988 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 -S (7 •: f SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Henderson, Young & Company hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Consultant Services for Impact Fee Update Studies — Fire Protection are accurate, complete and current as of the time of contracting. Henderson, Young & Company BY: TITLE: �r euraa.%; � DATE: 33 RESOLUTION NO. 2003- i 2n 16B3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A REVISED SCHEDULE OF FEES FOR RIGHT -OF -WAY PERMITS AS ORGINALLY SET FORTH IN RESOLUTION NO. 2000 -455 AND SUBSEQUENTLY AMENDED IN COLLIER COUNTY RESOLUTION NO. 2002- 479. WHEREAS, Collier County Resolution No. 2000 -455 established a schedule of development related review and processing fees; and WHEREAS, Section E of Exhibit "A" of Resolution No. 2000 -455 had set forth the fees to be charged for the permits for work within right -of -way of Collier County; and WHEREAS, Exhibit "Al" of Resolution No. 2002 -479 replaced Section E of Exhibit "A" of Resolution No. 2000 -455 and currently sets forth the revised fees to be charged for the various types of permits for work within right -of -way of Collier County; and WHEREAS, staff has fully evaluated the costs of reviewing, inspecting, processing, and evaluating these right -of -way permits, including Florida Department of Transportation's (FDOT's) drainage permits; and WHEREAS, the new or increased fees for certain development related activities including, but not limited to, driveway connections, re- inspections, open -cut and jack- and -bore construction, utility work, turn lane improvements, drainage permits (including FDOT's), and irrigation are reflective of the actual cost of processing, reviewing, and inspecting such permit work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares that the fees set forth in the Amendment to the Revised Schedule of Fees for Right -of -way Permits, attached hereto and incorporated herein as "Exhibit Al" are reasonable sums to be assessed to those who receive the benefits of these services, reviews, and inspections required by the Land Development Code and the County permitting process. BE IT FURTHER RESOLVED, that, this Resolution relating to fees in the Land Development Code is recorded in the minutes of this Board and that Resolution No. 2002 -479 is hereby superseded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote favoring same this - day of , 2003. ATTEST: DWIGHT E..BRO.Cj, Clerk By: �_ to De ty Clerk : Approved as to form and legal sufficiency: H idi F. sht n Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: I a Exhibit "Al" Right -of -way Permits - Type Residential Non - residential Small Lar e Right -of -way Construction $ 150.00 $ 600.00 $1500.00 Work in the ROW (Without Lane Closures), $ 50.00 $ 100.00 Cost Per Day Miscellaneous Events $ 100.00 PSC Regulated Franchise Utility $100.00 Application Fee + $50/Day Renewal/Modification of unexpired or *$ 100.00 $ 300.00 S 750.00 incomplete Permit Re- inspection - First $ 100.00 $ 100.00 $ 100.00 Second $ 150.00 $ 150.00 $ 150.00 Third $ 200.00 $ 200.00 $ 200.00 All subsequent inspections $ 250.00 S 250.00 $ 250.00 Jack - and- Bore/Directional Bore $ 250.00 $ 500.00 $1000.00 Open -cut Construction $1000.00 $1000.00 $1000.00 Sprinkler Head Placement in R/W $ 50.00 $ 150.00 $ 250.00 Turn Lane Construction N/A $ 750.00 $1500.00 County Engineering review on behalf of, $ 150.00 $ 600.00 FDOT Drainage Permit, No Discharge into State System ** County Engineering review on behalf of $ 600.00 $ 1500.00 FDOT Drainage Permit, with Discharge into _ State System After- the -Fact Permit 4 X Normal Fee ($6000.00 max) * If the Renewal/Modification does not require additional staff time and field check (unexpired permit only), there will not be any fees charged * *Development two (2) acres or less are considered small Page 1 of 2 r v- - • Right -of -way Permit Notes: 1. Small commercial development for FDOT Drainage Permits (only) shall be considered sites with two (2) acres or less. 2. Small Commercial Development shall be defined as a non - residential (single - family or duplex) project generating 600 vehicles trips per day or less. 3. Large Commercial Development shall be defined as a non - residential (single - family or duplex) project generating greater than 600 trips per day. 4. A right -of -way use fee of $800.00 per day shall apply to all non - residential projects requiring a lane closure on a major roadway. A major roadway is defined herein as being one of the following Collier County maintained roadways: Roadway Name From 14 Immokalee Road Tamiami Trail North US 41 Collier Boulevard Vanderbilt Beach Road Tamiami Trail North US 41 Collier Boulevard Pine Ridge Road Tamiami Trail North US 41 Collier Boulevard Golden Gate Parkwa Tamiami Trail North US 41 Collier Boulevard A' rt Road Davis Boulevard Radio Road Rattlesnake Hammock Road Tamiami Trail East US 41 Collier Boulevard Tamiami Trail East SR 90 Davis Boulevard Collier Boulevard Tamiami Trail North SR 45 Lee County Line Creech Road Collier Boulevard Davis Boulevard US 41 East Tamiami Trail East US 41 Immokalee Road Goodlette -Frank Road Tamiami Trail East US 41 Immokalee Road Airport Road Radio Road Lee County Line Uvi nQMon Road Santa Barbara Boulevard Davis Boulevard Green Boulevard Logan Boulevard Green Boulevard Lee ouryty Line Immokalee Road Collier Boulevard Judge Jolley Bride Everglades Ci Glades Count Line SR 29 SR 29 Lee County Line SR 82 5. The minimum right -of -way use fee shall be for a two -day duration. No refunds of unused fees shall be allowed. 6. Lane use fees shall be calculated by Collier County and shall be due and payable at the time of permit application if a permit is issued. If a Notice of Intent to Issue a permit is provided by the County in lieu of a permit, then the lane use fee shall be due and payable at the time of issuance of the actual permit. J 7. A discount to the right -of -way use fee will apply for work performed during the months of April through January. The discount will be 50% ($400 per day) during the months of January and April, 75% ($200 per day) during the months of May and December, and 871/4 % ($100 per day) during the months of June through November. The calculation of any discount shall be based upon the actual start date of construction. 8. If work continues beyond the originally estimated lane use period, then additional lane use fees shall be due and payable within two working days of notice to the Permittee of such additional fees. Failure to provide the additional fees to the County within three working days of such notice shall be cause for the project to be "red - tagged' and shut down. Lane use fees shall continue to accrue during any period of shutdown and shall be added to the additional lane use fees calculated by Collier County. 9. Additional lane use fees as calculated under Note 5 above shall be assessed at the rate of 150% per day for the additional period. If a third extension of the permit is 'required, then such extension shall be computed at the rate of 200% per day of such extension. Charges for any period of suspension shall accrue at the higher rate. Page 2 of 2 1 i DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18, 2003 1 i 1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 78, 2003 1687 , LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COLLIER COUNTY BID NO. 03 -3492 COLLIER COUNTY, FLORIDA (Transportation Projects) Design Professional: Hole Montes, Inc. COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 3/5/2003 9:09 AM r. 3/5/2003 9:09 AM TABLE OF CONTENTS -- ' A. PUBLIC N OTICE /LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, 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 E1: Work Directive Change EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT G1: Certificate of Final Completion EXHIBIT G2: Warranty EXHIBIT H: General Terms and Conditions EXHIBIT H1: Dispute Resolution Procedure EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by Hole Montes, Inc. and identified as follows: Lakeland Avenue Bridge and Roadway Construction, as shown on Plan Sheets 1-45, 1, and 131 -1313. 3/5/2003 9:09 AM 16 B 7 PART A - PUBLIC NOTICE/ LEGAL ADVERTISEMENT (PAGE ONE ONLY) INVITATION TO BID COLLIER COUNTY, FLORIDA Lakeland Avenue Bridge and Roadway Construction COUNTY BID NO. 03 -3492 Separate sealed proposals for the construction of the Lakeland Avenue Bridge and Roadway, 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 9th day of April, 2003, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified - will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Conference Room at 11:00 - A.M. LOCAL TIME on the 20th day of March, 2003, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Lakeland Avenue Bridge and Roadway Construction, County Bid No. 03 -3492 and Bid Date of April 9, 2003 ". No bid shall be considered unless it is made on the Bid Schedule which is included in the Bidding Documents. The Bid Proposal (TR -P -1 through TR -P- 13) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of Transportation Engineering and Construction Management, 2675 S. Horseshoe Drive, Naples, Florida, or at the Purchasing Department, Purchasing Building, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 941 - 774 -8407, upon payment of $30.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services have obtained copies of the Bidding Documents for the work contemplated herein: F.W. Dodge Reports 2830 Winkler Avenue Ft. Myers, FL 33916 3/5/2003 10:16 AM TR -PN -1 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred eight (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. Dated this 10th day of March 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Stephen Y. Carnell Purchasing TR -PN -2 3/5/2003 10:17 AM PART B - INSTRUCTIONS TO BIDDERS 1607 Section 1, Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his /her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. _ 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P-1 to TR -P -13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, - Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. TR -IB -1 3/5/2003 9;09 AM 168 Section 3. Bid Deposit Requirements l 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 3/5/2003 9:09 AM 16B7 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, its signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. I: 3/5/2003 9:09 AM 1687', 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. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as TR -IB -4 3/5/2003 9:09 AM 16B7 1 set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A _ copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida , is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be �- provided a copy of Collier County's Certificate of Exemption ( #21 -07- 019995 -53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of it's statutory responsibilities for sales tax under Chapter 212, Florida Statutes. TR -I B -5 3/5/2003 9:09 AM 1687 ,r Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of it's responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2000 -58, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Mizal 3/5/2003 9:09 AM ■ COLLIER COUNTY GOVERNMENT -FURU 1ASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION ADDENDUM DATE: March 26, 2003 TO.: Interested Bidders FROM: Lyn M. Wood, C.P.M. Purchasing Agent 3301 EAST TAMrAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 732-2667 FAX (239) 732-0844 http://co.collier.fl.us SUBJECT: Addendum # 1 — Bid #03 -3492- "Lakeland Avenue Bridge and Roadway Construction" Addendum #1 covers the following changes for the above - referenced Bid: 1. In the Bid Proposal, replace Pages TR -P -2, TR -P -2a, TR -P -2c, and TR -P -2d in their entireties with the attached pages. Bidders must use the Addendum Proposal Pages in order to be considered for award. 2. In the Agreement Exhibits — Exhibit I: Supplemental Terms and Conditions Page WS- CA -1 -2, delete the first sentence "The contractor shall pay for all testing 3. In Exhibit J — Part (8): Technical Specifications — Measurements and Payment replace Pages WS- CA -J8 -1 and WS -CA —J8 -2 in their entireties with the attached Pages WS- CA -J8 -1 and WS- CA -J8 -2. 4. In Exhibit J under Supplemental Specifications section 455 -12.8 Page J -SS -123, delete the first 2 sentences. In section 455- 12.14, add "Item 455 -15 Preformed Pile Holes — per foot ". 5. In the Plans, Sheet Nos. 1, 2, 34, 40, 41, and 43 replace all with revision date 3/25/03. 6. In the Plans, add the following Sheet Nos. 38A, 38B, and 41A. If you require additional information please call me at 239/732- 2667or by e-mail at LynWoode- colliergov net. cc: Lynn Thorpe, TECM -= EXHIBIT J PART (8) - TECHNICAL SPECIFICATIONS - _- MEASUREMENT AND PAYMENT 1. GENERAL 1.01 WORK INCLUDED Adden um # Ii A. This section shall include Measurement and Payment for furnishing all materials, _ labor, tools, equipment, and incidentals for performing all operations necessary to complete the Work under this contract. - B. The prices stated in the Proposal shall include all costs and expenses for performing and completing the Work under this contract. 2. PAYMENT ITEMS 2.01 MEASUREMENT AND PAYMENTS A. Pipe: The unit price bid for the various sizes, classes, and types of pipes shall be compensation in full for furnishing all labor, material, equipment and incidentals necessary to install complete one linear foot of pipe, regardless of the depth of cover in accordance with these specifications. Price shall include pipe material including fittings, locator disks and identification tape, clearing and grubbing, trenching, removal and -- replacement of pavement, driveways and sidewalks, rock excavation, backfilling, disposal of non - usable excavated material, bedding, tie -ins, laying, testing, flushing, grassing, sodding, cleanup and all appurtenances. Measurement for payment will be made along the centerline of installed pipe, excluding the lengths of fittings, valves and specials for which there is a separate pay item. Pipe installed in steel casing is included in this item. B. Air Vac /Relief Assembly: The unit price bid shall be compensation in full for furnishing and installing an air vacuum relief valve assembly including valve, - valve box, all concrete work, operators, stems and incidentals necessary for a complete installation as shown on the Drawings and specified herein. -- C. Dip Assembly: The unit price bid shall be compensation in full for furnishing and installing a complete Conflict. Crossing including pipe, fittings, joint restraints, all concrete work, and incidentals necessary for a complete installation as shown on the -_ Drawings and specified herein. D. Concrete Encasement: The unit price bid shall be compensation in full for furnishing and installing concrete encasement around utility lines as shown or called out on the Drawings. The price shall include excavation, formwork, reinforcement, concrete placement and backfill. WS- CA -J8 -1 1687' Addendum #1 E. Steel Casing: The unit price bid shall be compensation in full for furnishing all labor, material, equipment and incidentals necessary to install complete one linear foot of steel casing, regardless of the depth of cover in accordance with these specifications. Price - shall include steel casing material including casing spacers and identification tape, clearing and grubbing, removal of pavement, driveways and sidewalks, trenching, rock excavation, disposal of non - usable excavated material, bedding, laying, backfilling, grassing, sodding, replacement of pavement, driveways and sidewalks, cleanup and all appurtenances. Measurement for payment will be made along the centerline of installed steel casing. 2.02 PAYMENT ITEMS - A. FORCE MAINS Payment will be made under: Item No. FM 7.1 Concrete Encasement - per cubic yard B. RECLAIMED WATER MAINS Payment will be made under: Item No. RWM -1 Dip Assembly - each Item No. RWM -2 Air/Vac Relief Assembly - each Item No. RWM -3 Concrete Encasement - per cubic yard C. WATER MAINS Payment will be made under: Item No. WM -1 Dip Assembly - each Item No. WM -2 Air/Vac Relief Assembly - each Item No. WM -3 42 -inch Casing - per lineal foot D. RAW WATER MAINS Payment will be made under: Item No. RAW -1 12 -inch CL 200 PVC Pipe - per lineal foot Item No. RAW -2 24 -inch Casing - per lineal foot END WS- CA -J8 -2 BID SCHEDULE 16B7 LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Addendum #1 Estimated Item No. Description Unit Quantity Unit Price Amount 101 -1 MOBILIZATION LS 1 $ 102 -1 MAINTENANCE OF TRAFFIC LS 1 $ 102 -10 OFF -DUTY LAW ENFORCEMENT OFFICER MH 40 $ 102 -70 -11 BARRIER WALL (TEMPORARY)(CONCRETE) LF 200 $ 102 -70 -21 BARRIER WALL (TEMPORARY)(CONCRETE)(RELOCATE) LF 200 $ 102 -79 LIGHTS (TEMP BARRIER WALL MOUNT)(TYPE C, STEADY BURN) ED 560 $ 102 -99 VARIABLE MESSAGE SIGN (TEMPORARY) ED 180 $ 10410 -1 HAY BALES EA 168 $ 10411 TURBIDITY BARRIER, FLOATING LF 72 $ 10413 -1 SILT FENCE STAKED (TYPE III) LF 1,470 $ 10475 RELOCATE FLOATING TURBIDITY BARRIER LF 72 $ �- 104 -99 STORMWATER POLLUTION PREVENTION PLAN (NPOES) LS 1 $ 110 -1 -1 CLEARING AND GRUBBING LS 1 $ 110 -3 STRUCTURES, REMOVAL OF EXISTING LS 1 $ 110-4 PAVEMENT, REMOVAL OF EXISTING CONCRETE SY 228 $ 120 -1 EXCAVATION REGULAR CY 287 $ 120-4 SUBSOIL EXCAVATION CY 500 $ �- 120 -5 CHANNEL EXCAVATION CY 1,673 $ 120 -6 EMBANKMENT CY 567 $ 160 -4 TYPE B STABILZATION SY 3,439 $ 285 -7 -07 BASE OPTIONAL (BASE GROUP 07) (8" UMEROCK) SY 3,155 $ 300 -1 -3 BITUMINOUS MATERIAL, (TACK COAT) GA 162 $ 327 -70 -1 MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPTH) SY 883 $ 331 -72 -10 TYPE S ASPHALTIC CONCRETE (1 ") SY 4,038 $ 331 -72 -24 TYPE S ASPHALTIC CONCRETE (2.5 ") SY 3,155 $ °- 339 -1 MISCELLANEOUS ASPHALT PAVEMENT TN 8 $ 425 -SO900 BMP STRUCTURE EA 1 $ 425 -52400 BMP STRUCTURE EA 1 $ 425 -1 -361 INLETS, (CURB) (TYPE P-6) ( <107 EA 3 $ TR -P -2 $ $ $ $ $ BID SCHEDULE 16B 7 LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Addendum #1 —• Estimated Item No. Description Unit Quantity Unit Price Amount 425 -1-443 INLETS, (CURB) (TYPE J4) (J BOT MOD., <10') EA 1 $ $ 425 -2 -61 MANHOLES (P -8) (<10') EA 1,0 $ $ 425 -2 -71 MANHOLES (J -7) ( <10') EA 1.00 $ $ 425 -2 -72 MANHOLES (J -7) ( >10') EA 1 $ $ 425 -2 -92 MANHOLES( J-8) ( >10') EA 1 $ $ 430 -11 -323 PIPE CULVERT CONCRETE (SS) (CLASS III) (15 ") LF 89 $ $ 430 -11 -325 PIPE CULVERT CONCRETE (SS) (CLASS III) (18 ") LF 160 $ $ 430 -11 -340 PIPE CULVERT CONCRETE (SS) (CLASS III) (34 "X53 ") LF 50 $ $ 430 -11 -343 PIPE CULVERT CONCRETE (SS) (CLASS 111) (60 ") LF 164 $ $ 430 -981 -223 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (15 ") EA 1 $ $ 430 - 981 -225 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (18 ") EA 1 $ $ 430 -981 -241 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (48 ") EA 2 $ $ 430 - 981 -243 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (60'1 EA 1 $ $ _ 455 -15 PREFORMED PILE HOLES LF 300 $ $ 520 -1 -10 CURB AND GUTTER CONCRETE (TYPE F) LF 1,151 $ $ 522 -1 SIDEWALK CONCRETE, (4" THICK) SY 290 $ $ CC526 -1 -1 BRICK PAVER TRAFFIC SEPARATOR (KREHLING OR EQUAL) SY 2 $ $ 536 -1 -1 GUARDRAIL (ROADWAY) LF 250 $ $ 536 -73 GUARDRAIL REMOVAL LF 410 $ $ �- 547 -70 -2 FABRIC FORMED CONCRETE RIPRAP SY 357 $ $ 575 -1 SODDING SY 759 $ $ `- 575 -1S SODDING (STAKED) SY 1,500 $ $ 700-40 -1 SIGN, SINGLE POST (<12 SQ FT) AS 5 $ $ 700 -41 -10 SIGN, MULTI -POST ( <50 SQ FT) AS 1 $ $ 70046 -11 SIGN EXISTING (REMOVE) (SINGLE POST) AS 18 $ $ 700 -46 -12 SIGN EXISTING (REMOVE) (MULTI POST) AS 2 $ $ 70046 -21 SIGN EXISTING (RELOCATE) (SINGLE POST) AS 2 $ $ -- 705 -10 -14 OBJECT MARKER (POST MOUNTED) (RED) AS 6 $ $ 705 -71 TUBULAR DELINEATOR (FLEXIBLE) EA 57 $ $ -- 706 -3 MARKER PAVEMENT REFLECTIVE (F &I) (CLASS B) EA 56 $ $ TR -P -2a BID SCHEDULE 1687 LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 SIGNALIZATION ITEMS Addendum #1 Estimated Item No. Description Unit Quantity Unit Price Amount 555 -1 -1 DIRECTIONAL BORE (LESS THAN 6 INCHES) LF 225 $ $ 555 -1 -2 DIRECTIONAL BORE (6- INCHES TO LESS THAN 12 INCHES) LF 400 $ $ 630 -1 -12 CONDUIT (F &I) (UNDERGROUND) LF 1,664 $ $ �- 630 -1 -13 CONDUIT (F &I) (UNDERGROUND) LF 70 $ $ 630 -1 -22 CONDUIT (F) (UNDER PAVEMENT) LF 1,425 $ $ 632 -7 -1 CABLE (SIGNAL) PI 1 $ $ 635 -1 -11 PULL AND JUNCTION BOXES (F &I) (PULL BOX) EA 9 $ $ �- 635 -1 -15 PULL AND JUNCTION BOXES (F &I) (FIBER OPTIC PULL BOX) EA 3 $ $ 639 -1 -22 ELECTRICAL POWER SERVICE (UNDERGROUND) AS 1 $ $ 639 -2 -1 ELECTRICAL SERVICE WIRE LF 120 $ $ 641-41 -112 PRESTRESSED CONCRETE POLES (F &I DB)(TYPE N -II SERV)(12 FT) EA 1 $ $ 649- 111 -001 MAST ARM ASSEMBLY (F &I) (SINGLE ARM W/O LUM.) (A1 -P1) EA 1 $ $ 649- 114 -004 MAST ARM ASSEMBLY (F &I) (SINGLE ARM W/O LUM.) (A4 -P4) EA 1 $ $ 649- 124 -407 MAST ARM ASSEMBLY (F &I) (SINGLE ARM W/O LUM.) (A4- A4-P7) EA 1 $ $ 650 -51 -311 TRAFFIC SIGNAL, 12 IN STD. (F &1) (3 SECTION, ONE WAY) AS 9 $ $ 650-51 -511 TRAFFIC SIGNAL, 12 IN STD. (F &I) (5 SECTION, ONE WAY) AS 2 $ $ 653 -181 PEDESTRIAN SIGNALS (F &I) (LED) (ONE WAY) AS 4 $ $ 653 -182 PEDESTRIAN SIGNALS (F &I) (LED) (TWO WAY) AS 1 $ $ 659 -101 SIGNAL HEAD AUXILIARIES (F &I) (BACK PLATES, 3 SECTION) EA 4 $ $ 659 -107 SIGNAL HEAD AUXILIARIES (F &I) (ALUMINUM PEDESTAL) EA 1 $ $ 659 -118 SIGNAL HEAD AUXILIARIES (F &I) (BACK PLATES, 5 SECTION) EA 2 $ $ 663 -74 -11 VEHICLE DETECTOR SYSTEMS (F &I) (OPTIC TYPE) EA 4 $ $ 685 -128 SYSTEM AUXILIARIES (F &I) (INTERFACE PANEL) EA 1 $ $ 685 -140 SYSTEM AUXILIARIES (F &I) (FIBER OPTIC MODULATOR) AS 1 $ $ 685 -142 SYSTEM AUXILIARIES (F &I) (VIDEO CENTRAL CONTROL EQUIPMENT) AS 1 $ $ 665 -13 PEDESTRIAN DETECTOR (F &1) (DETECTOR WITH SIGN ONLY) EA 6 $ $ 670 -5 -112 ACTUATED SOLID STATE CONTROLLER ASSEMBLY (F &I) AS 1 $ $ 699 -1 -1 SIGN (INTERNALLY ILLUMINATED) (STREET NAME) EA 7 $ $ 700 -46 -11 EXISTING SIGN (REMOVE) (SINGLE POST) AS 1 $ $ SIGNALIZATION ITEMS TOTAL $ TR -P -2c UTILITY ITEMS TOTAL TR -P -2d BID SCHEDULE 16B7 LAKELAND AVENUE BIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 UTILITY ITEMS Addendum #1 Estimated Item No. Description Unit Quantity Unit Price Amount FM -1 CONCRETE ENCASEMENT CY 1 $ $ RWM -1 DIP ASSEMBLY EA 1 $ $ RWM -2 AIR VAC /RELIEF ASSEMBLY EA 1 $ $ RWM -3 CONCRETE ENCASEMENT CY 1 $ $ WM -1 DIP ASSEMBLY EA 1 $ $ �- WM -2 AIR VAC /RELIEF ASSEMBLY EA 1 $ $ WM -3 42 -INCH CASING LF 97 $ $ RAW -1 12 -INCH CL 200 PVC PIPE LF 132 $ $ RAW -2 24 -INCH CASING LF 118 $ $ UTILITY ITEMS TOTAL TR -P -2d BID PROPOSAL BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA Full Name of Bidder Lakeland Avenue Bridge and Roadway Construction BID NO. 03 -3492 THOMAS MARINE CONSTRUCTION, INC. 1667 4 Main Business Address 8999 High Cotton Lane, Fort Myers, FL 33905 8999 High Cotton Lane, Fort Myers, FL 33905 Place of Business Telephone No. ( 239) 3371 -0008 Fax No. ( 239) 337 -0099 State Contractor's License # CGCO19275 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other -- person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number #1 Date Issued 3/26/03 Contractor's Initials Bidder proposes, and agrees if this Proposal is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that 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 proposal pages. TR -P -1 1 3/5/2003 9:09 AM BID SCHEDULE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Estimated Item No. Description Unit Quantity !; 7 f. ' Addendum #1 Unit Price Amount 101 -1 MOBILIZATION LS 1 $ 1� $ �1 � I ow 00 102 -1 MAINTENANCE OF TRAFFIC LS 1 $ 1 b� �j $ 1( 102 -10 OFF -DUTY LAW ENFORCEMENT OFFICER MH 40 $_�_ $ 3000 102 -70 -11 BARRIER WALL (TEMPORARY)(CONCRETE) LF 200 $ 16 On 01 $ 3 102 -70 -21 BARRIER WALL (TEMPORARY)(CONCRETE)(RELOCATE) LF 200 oe $t_ ov $ 7,000 102 -79 LIGHTS (TEMP BARRIER WALL MOUNT)(TYPE C, STEADY BURN) ED 560 $ D y0 $ 7-2,429 102 -99 VARIABLE MESSAGE SIGN (TEMPORARY) ED 180 $ 3 (� S SS�/ou 00 -' 104 -10 -1 HAY BALES EA 168 $ ' j OJ l $ j ` oq d pw 104 -11 TURBIDITY BARRIER, FLOATING LF 72 �r $ t $ 5 1 LI o v i �l 104 -13 -1 SILT FENCE STAKED (TYPE III) LF 1,470 $ OD $ 1,1-701* 104 -75 RELOCATE FLOATING TURBIDITY BARRIER LF 72 c Ov $ � $ 3 6 0Od °- 104 -99 STORMWATER POLLUTION PREVENTION PLAN (NPDES) LS 1 $ Sr�o°° c �� $ V W !�, 110 -1 -1 CLEARING AND GRUBBING LS 1 $ IQ wo - 101000 v - - 110 -3 STRUCTURES, REMOVAL OF EXISTING LS 1 $�_lLbL $ 6S cy 1104 PAVEMENT, REMOVAL OF EXISTING CONCRETE SY 228 $ 3 ov $ (0 °0 -- 120 -1 EXCAVATION REGULAR Cy 287 $ ! $ Z-) 120 3 SUBSOIL EXCAVATION Cy 500 $ 30 00 $ I� "� Ov _ 120 -5 CHANNEL EXCAVATION Cy 1,673 $ 'LS' 09 $ Ll I 1 a 00 ��l 120 -6 EMBANKMENT CY 567 $ l b $ y53 y)s tlzcio 160-4 TYPE B STABILZATION SY 3,439 2 �s J $ t3 `s 285 -7 -07 BASE OPTIONAL (BASE GROUP 07) (8" LIMEROCK) SY 3,155 $ $ 2_1 wb 300 -1 -3 BITUMINOUS MATERIAL, (TACK COAT) GA 162 oO $ $ 327 -70 -1 MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPTH) SY 883 L1 $ y S �� (" 20 $ '+ " I IV 331 -72 -10 TYPE S ASPHALTIC CONCRETE (1 ") SY 4,038 $ 34-0 $ 19 133 to 331 -72 -24 TYPE S ASPHALTIC CONCRETE (2.5 ") SY 3,155 $� $ 2-11, 44 no 339 -1 MISCELLANEOUS ASPHALT PAVEMENT TN 8 $ Z01 D $ Z3 7,0 425 -SO900 BMP STRUCTURE EA 1 $ $ I "J 000 425 -S2400 BMP STRUCTURE EA 1 $ 2AOa)'" $ 2,9 000 425 -1 -361 INLETS, (CURB) (TYPE P -6) ( <10') EA 3 $ Joa)_ $ 9 000 d d TR -P -2 ......... . _. BID SCHEDULE LAKELAND AVENUE 16 8 7 BRIDGE AND ROADWAY CONSTRUCTION ! j COUNTY PROJECT NO. 66042 BID NO. 03 -3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS Addendum #1 Estimated _ Item No. Description Unit Quantity Unit Price P,riic�e Amount 425 -1-443 INLETS, (CURB) (TYPE J-4) (J BOT MOD., <10') EA 1 $ 35 $ 31 0 _ 425 -2 -61 MANHOLES (P -8) (<10') EA 1.0 (W',� $ 1 y �(J 1 $ oo 425 -2 -71 MANHOLES (J -7) ( <10') EA 1.00 $ 00 $ �J�0U N- 425 -2 -72 MANHOLES (J -7) ( >10') EA 1 �,1 `''� [ /' $ 1 W4 $ 1 600 425 -2 -92 MANHOLES (J -8) ( >10') EA 1 $ -Iwo $ -1000 430 -11 -323 PIPE CULVERT CONCRETE (SS) (CLASS III) (15 ") LF 89 $ $ 2441 So 430 -11 -325 PIPE CULVERT CONCRETE (SS) (CLASS 111) (18 ") LF 160 � Q� s W $ 457 � 00 " 430 -11 -340 PIPE CULVERT CONCRETE (SS) (CLASS III) (34 "X53 ") LF 50 L� 00 $ I (W - $ 5000 00 430 -11 -343 PIPE CULVERT CONCRETE (SS) (CLASS III) (60 ") LF 164 $ �[w $ M Up"- -- 430- 981 -223 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (15 ") EA 1 $ J &) $ x+30 W 430 - 981 -225 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (18 ") EA 1 $ 6W" $ 600 430- 981 -241 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (48 ") EA 2 dV $ 32on _ w 6y too_ r 430 - 981 -243 MITERED END SECTION (SS) (CONCRETE PIPE ROUND) (60 ") EA 1 $� �� � g � -- 455 -15 PREFORMED PILE HOLES LF 300 - $ms- t $ 10 sw � 520 -1 -10 CURB AND GUTTER CONCRETE (TYPE F) LF 1,151 $ 10 to $ -- 522 -1 SIDEWALK CONCRETE, (4" THICK) SY 290 $ $ CC526 -1 -1 BRICK PAVER TRAFFIC SEPARATOR (KREHLING OR EQUAL) SY 2 $ $ I 60 „.,. 536 -1 -1 GUARDRAIL (ROADWAY) LF 250 $ Jp $ 536 -73 GUARDRAIL REMOVAL LF 410 $ 3 $ M y v _. 547 -70 -2 FABRIC FORMED CONCRETE RIPRAP SY 357 cr► $ tt / [� a,,,l $ 1 6OW 575 -1 SODDING SY 759 $ 2 60 $ 1913 `±0 r 575 -1S SODDING (STAKED) SY 1,500 $ 3 10 $ yol So o0 0/1 700 -40 -1 SIGN, SINGLE POST ( <12 SQ FT) AS 5 $ )0) o « $ Sb to 700 -41 -10 SIGN, MULTI -POST ( <50 SQ FT) AS 1 $ 2ASt! $ 20)500 700 -46 -11 SIGN EXISTING (REMOVE) (SINGLE POST) AS 18 $ 7 - 00) $ a 700-46 -12 SIGN EXISTING (REMOVE) (MULTI POST) AS 2 $ S� $ 700 -46 -21 SIGN EXISTING (RELOCATE) (SINGLE POST) AS 2 $ n d_0 $ J'0 s- 705 -10 -14 OBJECT MARKER (POST MOUNTED) (RED) AS 6 $ 110 /1 0 -, V $ 660 04) 705 -71 TUBULAR DELINEATOR (FLEXIBLE) EA 57 $ 53 �� $ 3 0 Zt. OV 706 -3 MARKER PAVEMENT REFLECTIVE (F &I) (CLASS B) EA 56 8 S V R too 00 TR -P -2a BID SCHEDULE LAKELAND AVENUE .�,� BRIDGE AND ROADWAY CONSTRUCTION 11`' COUNTY PROJECT NO. 66042 BID NO. 03 -3492 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS TOTAL TR -P -2b -16b,Z93 r Estimated Item No. Description Unit Quantity Unit Price Amount 710 -30 REFLECTIVE PAINT (ISLAND NOSE) (YELLOW) SY 2 $ LI�) � $ '+ 0� 711-4 711 -5 -2 711 -7 711 -33 711 -35 -61 DIRECTIONAL ARROWS (THERMOPLASTIC) GUIDELINES (THERMOPLASTIC) (YELLOW) PAVEMENT MARKING REMOVAL THERMOPLASTIC SKIP TRAFFIC STRIPE, (THERMOPLASTIC) (WHITE) (6 ") TRAFFIC STRIPE SOLID, (T�IERMOPLASTIC) (WHITE) (6 ") EA LF SY LF LF 13 511 25 55 1,708 $ $�_ $ $ $ OV y 6o O ` $ V� $ y $ J IS uo $ J $ u gn W LO Sv O � 0 711 -35 -121 711 -35 -241 TRAFFIC STRIPE SOLID. (THERMOPLASTIC) (WHITE) (12 ") TRAFFIC STRIPE SOLID. (THERMOPLASTIC) (WHITE) (24 ") LF LF 646 157 $ 1, $ 108 U C to $ 54,510 $ �v 60 &—t- 60 711 -36 -61 TRAFFIC STRIPE SOLID, (THERMOPLASTIC) (YELLOW) (6 ") LF 1,426 $ 0 $ 711 - 36-181 TRAFFIC STRIPE SOLID, (THERMOPLASTIC) (YELLOW) (18'� LF 144 $ 1 60 2Q $ f+V' /, /y� 00 737 -70 -1 737 -70 -2 UTILITY LOCATES - UNDERGROUND UTILITY LOCATES - UNDER PAVEMENT EA EA 20 20 $�_ $ $ v W $ 60x ' CO 0O CC1001 WATER CONFLICT RESOLUTION; SOLUTION CONTINGENCY LS 1 $ 20,000.00 $ 20,000.00 CC1002 SEWER CONFLICT RESOLUTION; SOLUTION CONTINGENCY LS 1 $ 20,000.00 $ 20.000.00 ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS TOTAL TR -P -2b -16b,Z93 r BID SCHEDULE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 SIGNALIZATION ITEMS 6 r% 7 d, Addendum #1 102- ,gpq go SIGNALIZATION ITEMS TOTAL TR -P -2c Estimated Item No. Description Unit Quantity Unit Price Amount 555 DIRECTIONAL BORE THAN 3 ( -1 -1 (LESS 6 INCHES) LF 225 $ y . V v $ - 555 -1 -2 DIRECTIONAL BORE (6 INCHES TO LESS THAN 12 INCHES) LF 400 $ Zy , �� oa $ 600 " 630 -1 -12 CONDUIT (F &I) (UNDERGROUND) LF 1,664 $ • ZJ $ S 3 Z4 630 -1 -13 CONDUIT (F &I) (UNDERGROUND) LF 70 $' 8 � Z'0 $ 1 V) 4 630 -1 -22 CONDUIT (F) (UNDER PAVEMENT) LF 1,425 $ 1.30 $ l SZ p 632 -7 -1 CABLE (SIGNAL) PI 1 S Z,3Sp -w $ 2 -3SP°O 635 -1 -11 PULL AND JUNCTION BOXES (F &I) (PULL BOX) EA 9 7 $ Z�� 00 $ Z. Ll 635 -1 -15 PULL AND JUNCTION BOXES (F &I) (FIBER OPTIC PULL BOX) ;:A 3 S Z�$ $ 3 Z y 639 -1 -22 ELECTRICAL POWER SERVICE (UNDERGROUND) AS 1 ou S Soo $ $0cp ¢Q 639 -2 -1 ELECTRICAL SERVICE WIRE LF 120 $ l•30 $ ✓� S� p0 641-41-112 PRESTRESSED CONCRETE POLES (F &I DB)(TYPE N -II SERV)(12 FT) EA 1 0 0 $ Zd 71 $ l/ Lo 00 649- 111 -001 MAST ARM ASSEMBLY (F &I) (SINGLE ARM W/O LUM.) (A1 -P1) EA 1 $ '51ss ' rr 00 $ �JSoO 649 - 114 -004 MAST ARM ASSEMBLY (F &I) (SINGLE ARM W/O LUM.) (A4 -P4) EA 1 -} tj $ " $ ZL600 00 649 - 124 -407 MAST ARM ASSEMBLY (F &I) (SINGLE ARM W/O LUM.) (A4- A4 -P7) EA 1 ^G�.^� [(�� $ V &x � •7 L $ 316 oo o-4 650 -51 -311 TRAFFIC SIGNAL, 12 IN STD. (F &I) (3 SECTION, ONE WAY) AS 9 $ 0-10 ,U $ 01 610 00 650 -51 -511 TRAFFIC SIGNAL, 12 IN STD. (F &I) (5 SECTION, ONE WAY) AS 2 $ 1 $S UVV $ 310009 653 -181 PEDESTRIAN SIGNALS (F &I) (LED) (ONE WAY) AS 4 $ 630°° $ ZQ 00 653 -182 PEDESTRIAN SIGNALS (F &I) (LED) (TWO WAY) AS 1 $ 17-60 to $ Z60 659 -101 SIGNAL HEAD AUXILIARIES (F &I) (BACK PLATES, 3 SECTION) EA 4 $ 100 vo $ 659 -107 SIGNAL HEAD AUXILIARIES (F &I) (ALUMINUM PEDESTAL) EA 1 L//,hAao $ y0V - /'/y0 $ bbdov 659 -118 SIGNAL HEAD AUXILIARIES (F &I) (BACK PLATES, 5 SECTION) EA 2 a 00 $ $ 3 y o 663 -74 -11 VEHICLE DETECTOR SYSTEMS (F &I) (OPTIC TYPE) EA 4 $ g�' $ *3U goo dp 685 -128 SYSTEM AUXILIARIES (F &I) (INTERFACE PANEL) EA 1 /1N1n00 $ L46 00 W $ L'�,i40o y 685 -140 SYSTEM AUXILIARIES (F &I) (FIBER OPTIC MODULATOR) AS 1 $ ,0x W $ 685 -142 SYSTEM AUXILIARIES (F &I) (VIDEO CENTRAL CONTROL EQUIPMENT) AS 1 $ 6200 DO `Zboy $ i pW 00 665 -13 PEDESTRIAN DETECTOR (F &I) (DETECTOR WITH SIGN ONLY) EA 6 $ 130 VO $ -190 00 670 -5 -112 ACTUATED SOLID STATE CONTROLLER ASSEMBLY (F &I) AS 1 $ M� �VO�J $ )4490()0_0 699 -1 -1 SIGN (INTERNALLY ILLUMINATED) (STREET NAME) EA 7 $ 2`100 OV $ / C7800 ov 700 -46 -11 EXISTING SIGN (REMOVE) (SINGLE POST) AS 1 - $ 3 0 OV $ � 0 ^" W 102- ,gpq go SIGNALIZATION ITEMS TOTAL TR -P -2c BID SCHEDULE LAKELAND AVENUE BIDGE AND ROADWAY CONSTRUCTION 16 B 7 14 COUNTY PROJECT NO. 66042 ' BID NO. 03 -3492 '"- UTILITY ITEMS Addendum #1 Estimated Item No. Description Unit Quantity Unit Price Amount FM -1 CONCRETE ENCASEMENT CY 1 $ 2 V W ° -� $ Zb6d RWM -1 DIP ASSEMBLY EA 1 $ Itow its $ I I000 OV RWM -2 AIR VAC /RELIEF ASSEMBLY EA 1 $ ZNWQ0 $ 7 =0 v RWM -3 CONCRETE ENCASEMENT CY 1 $ C.O 66 W $ 10�) Tu WM -1 DIP ASSEMBLY EA 1 $ 8 zoo to $ q `,,\ W WM -2 AIR VAC /RELIEF ASSEMBLY EA 1 $ 6 W W $ I D O V WM -3 42 -INCH CASING LF 97 $ J yu - $ JZJ RAW -1 12 -INCH CL 200 PVC PIPE LF 132 $ �SQ� Q�m fOl0 $ 1 - 1 VV RAW -2 24 -INCH CASING LF 118 $ 3w °" $ Cl9 Elio oY UTILITY ITEMS TOTAL $ 1 J l 5`) O TR -P -2d BRIDGE ITEMS BID SCHEDULE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO, 03-3492 0 1 E ITEMS TOTAL TR -P -2e Soy, qq Z tin Estimated Item No. Description Unit Quantity Unit Price Amount 9 zq, 50 120-6 EMBANKMENT CY 35 $ $ 125 -1 EXCAVATION FOR STRUCTURES CY 155 $�_ $ 1 .l V` l CLASS 1 QO sr) " 9-11 -is, 400 -2 -5 II CONCRETE (SUBSTRUCTURE) C.Y. 143 $ $ CLASS 19-1 tj �( yu 14 Q U 400 -2 -10 II CONCRETE (APPROACH SLABS) CY 137 $ $ CLASS ((�,,'��I JIG UV W 400 -4-4 IV CONCRETE (SUPERSTRUCTURE) CY 326 $� $ (� w � "I�_ � � p160 400 -129 BEARING PADS (NEOPRENE) EA. 4 $ $ 7 4 ioo 415 -1-4 REINFORCING STEEL (SUPERSTRUCTURE) LB 68,800 $�_ $ J 0 `u C) Q Q- p 415 -1 -5 REINFORCING STEEL (SUBSTRUCTURE) LB. 15,770 $ $ 60 1134 415 -1 -9 REINFORCING STEEL (APPROACH SLABS) LS. 22,210 $ $ "x18 ") qq A y 1 1 0 O 455 -34 -3 PRESTRESSED CONCRETE PILES FURNISHED /DRIVEN (18 LF 2,250 $ S `^+ x{55 I 0010 �()o Oy -137 DYNAMIC TEST LOADS EA 4 $ $ J ALUMINUM 3 y� to 460 -70 -2 RAILING (DOUBLE) LF 178 $ $ 521 CONCRETE �� -5-4 TRAFFCI RAILING BARRIER (32" VERTICAL) LF 178 $w_ $ 526 -1 PAVERS, ARCHITECTURAL SY 25 $ $ Z- r o O0 547 -70 -2 FABRIC FORMED CONCRETE RIP RAP SY 1,085 $ 13 $ 4 E ITEMS TOTAL TR -P -2e Soy, qq Z tin BID SCHEDULE LAKELAND AVENUE BRIDGE AND ROADWAY CONSTRUCTION COUNTY PROJECT NO. 66042 BID NO. 03 -3492 BID SUMMARY ROADWAY AND SIGNING & PAVEMENT MARKING ITEMS TOTAL SIGNALIZATION ITEMS TOTAL UTILITY ITEMS TOTAL BRIDGE ITEMS TOTAL BID TOTAL TR -P -2f 16B7 ?f $ r1 6d 2g3 10 $ 1g2I loci 80 $ 1341 5110 ap $; 509 1 gn �o - $ 1 J597- rl M5 30 f 16 B 7 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 Concrete & Steel Precast 2. 3. Bolsters Bearing Pads April 9, 2003 9:09 AM MANUFACTURER Rinker Materials S & S Structural K.C. Building Supply J.H. Dowling THOMAS MARINE CONSTRUCTION, INC. Bidder i Dean C. Thomas, President TR -P -3 y 16B7 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper ilicenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non - compliant or non - qualified subcontractors in his /her bid offer. -"' Further, the County may direct the bidder /contractor to remove /replace any subcontractor that is found to be non - compliant with this requirement subsequent to award of the contract at no additional _ cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address Class of Work to be Performed 1 Midcontient Electric Signals 4586 Progress Avenue Naples, FL _2 Triple J of Lee Co. Grassing P.O. Box 7258 Fort Myers, FL 33911 �+ 3. Tincher Concrete Construction Curb /Sidewalk 16900 Gator Road Fort Myers, FL 4. Traffic Control Products MOT /Striping 5514 Carmack Road Tampa FL 33610 _.5 Stevens & Layton, Inc. Utilities /Drainage 11260 Palm Beach Boulevard Fort Myers, FL 33905 6. Dated April 9, 2003 THOMAS MARINE CONSTRUCTION, INC. -- 'dder BY: -- can C. Thomas, President TR -P -4 3/5/2003 9:09 AM a STATEMENT OF EXPERIENCE OF BIDDER - The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Protect and Location Livingston Road Bridge J.Widening Collier County, FL SR 72 Over Horse Creek t -� Desoto County, FL Broken Back Bridge and 3.Culvert Extension Collier County, FL 4.SR 66 Over Charlie Creek -- Hardee County, FL :;.Palm Island Bridge North Fort Myers, FL 6 Factory Bay Bridge Marco Island, FL Buzzard Roost Creek Pipe 7.Bridge Replacement Desoto County, FL Dated April 9, 2003 3/5/2003 9:09 AM Reference Steve Wagoner Bonness, Inc. Chuck Kohl Gator Asphalt, Inc. David L. Sies APAC -FL, Inc. Fred Dybdahl Keith & Schnars Michael H. Hueniken US Home South Florida Division Shanthi Sridhar City of Marco Island, FL Fred Dvbdahl M Keith &. Schnars THOMAS MARINE CONSTRUCTION, INC. idder BY: Dean. C. Thomas, President TR -P -5 16 B711 ■ TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, - 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure Quanti Cost Cost (Description) L( F.S)o -- 1 Simple Sloping LF 900 4.00 3600.00 L. w� 3. at 4. 5. I- TOTAL $ 3600.00 Failure to complete the above may result in the Bid being declared non - responsive. DATE April 9, 2003 3/5/2003 9:09 AM THOMAS MARINE CONSTRUCTION, INC. Dean C. Thomas, President r Mm CONFLICT OF INTEREST 1. Bidder shall provide full disclosure of information on any work performed for private interests i within the past two (2) years, especially work that is not yet completed. - 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this -- provision from the Project Manager. A waiver may be granted at the sole discretion of the County. -- 3. Bidder shall provide al"certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. - Failure to provide the documentation requested above may result in the Bid being declared non- responsive. Date: April 9, 2003 TR -P -7 /5/2003 9:09 AM Thomas Marine Construction, Inc. Contractor By: Dean C. Thomas Its President C_ I Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Segntrp-SWAq Thh'YYAb nd?090c�uRR o�ents. The bid security attached in the sum of: — 'Th 10C) lars ($79,635.77 ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. If awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed �y unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within one hundred 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 !?wner within one hundred eighty (180) consecutive calendar days, A_ computed by excluding the commencement date Gnu including the last day' OT such period. Respectfully Submitted: State of Florida t -_ County of Lee Dean C. Thomas being first duly swcrn on oath deposes 4- and says that the Bidder on the above Proposal is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Thomas Marine Construction, Inc. also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and a has checked the same in detail before submitting this Bid; that the statements contained herein are -- true and correct. (a) Corocration The Bidder is a corporation organized and existing under the laws of the State of Florida ' which operates under the legal name of Thomas Marine Construction, Inc. �- and the full names of its officers are as follows: President Dean C. Thomas t:. Secretary Gayle Clark Treasurer Gayle Clark _Y Manager Dean C. Thomas fy TR -P -8 3/5/2003 9:09 AM L 1667'] , and it (does) or (does not) have a corporate seal. The (name) President, Dean C. Thomas is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken 02/25/82 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The -;� -= �; ership does - l.:SineSSz Under the le--a name ai: ~- (A) Individual _ The Bidder is an individual whcs I ies a . , Wit.,��� Witne April 9, 2003 3/5/2003 9:09 AM S legal entity .1 BY. Thomas Marine Construction, Inc. N- r - ".4 1T;'ned Signature Dean C. Thomas President WE TR -P -9 [Corporate Seal] STATE OF Florida COUNTY OF Lee 1687 Ij The foregoing instrument was acknowledged before me this 9 d%of April , 2003, by Dean C. Thomas as resl7lent of Thomas Marine construction, Inc. , a Florida corporation, on behalf of the corporation. He /she is personally known to me or has produced as ion and did (did not) take an oath. My Commission Expires: 06/29/05 [- __ (AFFIX OFFICIAL SEAL) ��' 3/5/2003 9 :09 AM 0 ( ignature of Notary) NAME: Ro lind Gayle rk (Legibly Printed) Notary Public, State of Florida Commission No.: DD020897 TR -P -10 16 B 7 ?% KNOW ALL MEN BY THESE PRESENTS, that we Thomas Marine Construction, Inc_ AMERICAN CASUALTY COMPANY Or READING, PESYLVANIA ( hereln after called the Principal) and NN (herein called the Surety), a corporation chartered and existing under the laws of the State of Illinois with its principal offices in the city of Chicago and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Board of County Commissioners the Owner, in the full and just sum of rive Percent 5$ of Amount Bid (hereinafter called dollars ($ — --� good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs., and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for -- furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Lakeland Avenue Bridge and Roadway Construction Bid No. 03 -3492 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a - Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forth therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred °- percent (100%) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the law; and the Surety shall, upon failure of the comply with Principal to p p y any or all of the foregoing -- requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this g, h day of - Apr; i , 2003 THOMAS MARINE CONSTRUCTION, INC. CII� BY t (Seal) TR -P -11 3/5/2003 9:09 AM 16B7!,$ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Surety Wendy L. Hingson, Attorney -In -Fact -_ (Sea!) Countersigned -- ,; Jay E. Woody, 1 rida Resident Agent Local Resident Producing Agent for American Casualty y of Reading, Pennsylvania c/o Valenti, Trobec & Woody, 4110 Center Point Drive, Suite 215, Fort Myers, FL 33916 ( 239) 275 -8226 TR -P -12 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN- R u 714 Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called `the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in _ the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint D. A. Valenti, Robert Trobec, Jay E. Woody, Wendy L. Hingson, Denise A. Madden, S. P. Humenchick, Individually of Fort Myers, Florida their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, —' undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 15th day of October 1998 CONTINENTAL CASUALTY COMPANY 2�l� G�r��ke�„ �u�0`Qn NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA fp Z � a JULY 71, Aft* SEA �/. ov L. � ��. � < 1902 �� MANS" • \ 1897 Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 15th day of October , 1998 , before me personally came Marvin J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. N Jo q� NOTARY PUSUC C°ok (70^ My Commission Expires March 6, 2000 CERTIFICATE Mary Jo Abel Notary Public - I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY CuMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 9th day of April 2003. 00WO ATe Z � 0 SEAL 1897 -_ (Rev.10 /1/97) *S � a `f►NY oe JUL) 11, 1902 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis Assistant Secretary Authorizing By -Laws and Resolutions Am .. ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 7 This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article Vim- Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey -in- Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST 1667' IMPORTANT: Please read carefully, sign in the spaces indicated and return with your bid proposal. Bidder should check off each of the following items as the necessary action is completed: 6. 1. 2. The Bid has been signed. 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 Number; �- r=>Project dame; <*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 THOMAS MARINE CONSTRUCTION, INC. ,!7y Name Signature & Title Dean C. Thomas, President Date TR -P -13 3/5/2003 9:09 AM April 9, 2003 1667 +.4 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Thomas Marine Construction, Inc. ( "Contractor ") of 8999 High Cotton Lane, Fort Myers, Florida 33905, a Florida corporation, to perform all work ( "Work ") in connection with Lakeland Avenue Bridge and Roadway Construction, Bid No. 03 -3492 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, 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 Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance _._ of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are _w reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: one million five hundred ninety two thousand seven hundred fifteen dollars and thirty cents ($1,592,715.30). TR -CA -1 5/13/2003 3:51 PM Section 4. Bonds. 1687 _ A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as _. reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. _M 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 Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within one hundred fifty (150) calendar days from the Commencement Date. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial completion is further defined as that date the roadway is open for traffic and all pay items have been completed and accepted by the Owner except for thermoplastic -.- striping, punch list items, street lighting and traffic signalization burn -ins. The work shall reach final completion and be ready for final acceptance by Owner within one hundred eighty (180) calendar days from the Commencement Date (herein "Contract Time "). B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will -_ suffer financial loss if the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete the Work within the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand two hundred eighty -eight dollars and fifty cents ($1,288.50) for each calendar day thereafter until substantial completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of six hundred forty -four dollars and twenty -five cents ($644.25), for each day after the time set for Final Completion, as set forth in paragraph four (4) above, until Final Completion is TR -CA -2 5/13/2003 3:53 PM 1687 !,4achieved. The Project shall be deemed to be substantially completed on the date thject Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at - the time of contracting if Contractor fails to substantially complete or finally complete the Work in a timely manner. - C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete the work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of one thousand two hundred eighty -eight dollars and fifty cents ($1,288.50) per day for each day the Contractor fails to reach Substantial Completion W as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion, the _. Contractor, or in the case of his default, the surety, shall pay the sum of six hundred forty -four dollars and twenty -five cents ($644.25) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. The County has the right to apply, as payment on such liquidated damages due under the Contract M by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract - Time including granted time extensions. H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. TR -CA -3 5/13/2003 3:53 PM 16B7 I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. - The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: 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 E1: Work Directive Change Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit G1: Certificate of Final Completion Exhibit G2: Warranty Exhibit H: General Terms and Conditions Exhibit H1: Dispute Resolution Procedure Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications - -. Exhibit K: Permits Exhibit L: Plans and Specifications prepared by Hole Montes, Inc. and identified as follows: Lakeland Avenue Bridge and Roadway Construction -.. as shown on Plan Sheets 1-45, 1, and 131-1313 Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: TR -CA -4 5/13/2003 3:53 PM Lynn Thorpe, Project Manager Transportatio n Engineering and Construction Management 2675 S. Horseshoe Drive Naples, Florida 33104 Telephone: 239 - 213 -5823 FAX: 239 - 774 -9370 Email: Lyn nThorpeCQ?colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Dean C. Thomas, President Thomas Marine Construction, Inc. 8999 High Cotton Lane Fort Myers, FL 33905 Phone: 239 - 337 -0008 Facs i m i I ie: 239 - 337 -0099 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire w 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. TR -CA -5 5/13/2003 4:08 PM Section 13. Severability. 16 B 7` � Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR -CA -6 5/13/2003 4:08 PM IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: I, F T WITNESS-­ Gay te lark Type /Print Name a SEC CUD WITNESS Kevin C. Shimp Type /Print Name CONTRACTOR: Thomas Marine Construction, Inc. B C __ -4- Dean C. Thomas, President Type /Print Name and title Affix the "(Corporate Seal}" OR type /print "(Corporate Seal)" Date: 13.03 Dwight E., Brock,': Clej� BY: C , BY Attest as to chap "'s signature only. Approved As To Fcrm and Le Robert Zachary Assistant County Attorney 5/13/2003 4:08 PM OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA 0 Tom e ping, C airman TR -CA -7 1667 +� EXHIBIT A PUBLIC PAYMENT BOND Lakeland Avenue Bridge and Roadway Construction Bond No. 929 233 640 Contract No. 03 -3492 KNOW ALL MEN BY THESE PRESENTS: That Thomas Marine Construction, Inc. 8999 High Cotton Lane, Fort Myers, FL 33905 as Principal, and _ _AMERICAN CASUALTY COMPANY OF READING, PENNSY_i.VANTA as Surety, located at Post- office Rox 946&D Maitlana, F]ny-ic7A_3 ?ZJQA (Business Address) are held and firmly bound to co s Oblige in the sum of Qr Mi l l im Five H rrielxl NinEt %z qA n lbrusmd, Sa4in a zdpW TN "x, - ($ 1,592,715_ ) 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 day of 2003, with Oblige for L*R and Avetr-A-- Bridge & rkBdway Oaitnuctirn in Dallier Oanty accordance with drawings and specifications, which contract is incorporated by reference and made T� a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the wcr,< provided for in the Contract, then this bond is void; ctherNise it remains in full force. Any changes in or under the Contract and compliance or ncncompliance with any formalities connected with the Contract or the changes do not affect Sureties obiigation 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 30th day of May 2003, the name of each party being affixed and these presents duly signed by its -- under - signed representative, pursuant to authority of its governing body. TR- CA -A -1 3/5/2003 9:09 AM Signed, sealed and delivered -- in the presence of: -V )fw PRINCIPAL c / Witnesses as ty rincipal NAME: Dean C. Thomas ITS: President STATE OF Florida COUNTY OF Lee -- The foregoing instrument was acknowledged before me this 2 day of June 2003, by Dean C.. .Thomas as President Of Thomas Marine Constructi nn , Tnc$ F1 nri (ja corporation, on behalf of the corporation. He /she is personally known to me OR has produced N/A as identification and did (did nat) take an oath. ����►uur��y�,, I -,, '\0d Gayle C�aii,,�� / ? My Commission Expires Q5,,Aislolyc11- 4'g29'�OOS': (Sig ature of Notary} June 29, 2005 `�; *_ #DD020897 .-o"j1AME: Ros lind Gayle (t'l r 9`.. '.o (Legibly Printed) 6''UC ITNA1 1 (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD020897 ATTEST: SURETY: AMRICM C AarM 03 PPW CF IUDM, PF ZUMVAIM -_ (Printed Name) Pbst offioe HcK 94E640 ~_ yhit-lMd, F1OClfi] FEM Witnesses to Surety 3/5/2003 9:09 Alva (Business Address (Authorized Signature) (Printed Name) TR- CA -A -2 _. itnes ts STATE OF Flcc-ida COUNTY OF ree OR As Attorney in (Attach Power Jay E. Woody, A (Printed Name) 1687 ttorney) ey`In-l:Agatt �ct and FLarida rn�tt 4ll0 amter Point Drive, Spite 215 Frxt Myers, Flm-ida 33916 (Business Address) (239) 275.8226 (Telephone Number) _ The foregoing instrument was acknowledged before me this 30th day of mEry , 2003, by TW E- WMEAZ , as Attorney -iq -Fact of Rican QNa$1tv c=ry 4 rte, PA Surety, on behalf of Surety. Helx5jig, is personally known to me OR has produced WA entirication and who did (did not) take an oath. My Commission Expires: ,,,o�s►YP L Wendy L. Hingson =man #DD 016447 019 ZV( � � loos �'� °iiiU� Athage Bpi am, Le. (AFFIX OFFICIAL SEAL) 3/5,2003 9:09 AM (Signature)` Name:_ L- Hixr (Legibly Printed) Notar/ Public, State of: pi vic Commission No.: m o164 7 TR- CA -A -3 C Al POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY- IN -JA8 ❑ � Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSLRANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint D. A. Valenti, Robert Trobec, Jay E. Woody, Wendy L. Hingson, Denise A. Madden, S. P. Humenchick, Individually of Fort Myers, Florida their true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 15th day of October 1998 -- CONTINENTAL CASUALTY COMPANY 2�l�oASUq�Ty N1SUR'� �co"rO° NATIONAL FIRE INSURANCE COMPANY OF HARTFORD coRPORArte ` 014tro AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Z a JULY il, __ ov SEAL g °� • -`� � 1� � `%/ ('//, 1897 � MAN��" • '- Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 15th day of October 1998 , before me personally came Marvin J. Cashion, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that �- he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. �H Jo NOTARY PUBUC My Commission Expires March 6, 2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY CuMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this -�nt ay of MAW , 2_. N, 0 1SUq�r` poRPOFLArE z ov SEAL 1897 (Rev.10 /1 /97) 1NSUR, a �`apppMr oe�, IDLY 11 , • CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA Mary A. Ribikawskis Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 0 l This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VF— Execution of Obligations and Appointment of Attomey-in -Fact Section 2. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attomey -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey -in- Fact." This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certficate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." 1 'r EXHIBIT A PUBLIC PERFORMANCE BOND Lakeland Avenue Bridge and Roadway Construction Bond No. 929 233 M Contract No. 03 -3492 KNOW ALL MEN BY THESE PRESENTS: That UEMS NV2E aaMUZIM!, 1W- as Principal, and Amaug y Ckmww OaTA t CF Omar, PrrtpffivNuA -- , as Surety, located at � O fiw Boos 94B3 r�iitla�a, Fl�id3 32794 (Business Address) are held and firmly bound ,7 too rrrr.r x oiar�nY� �cF� o��j[r�+7t��ar�rit�� -9s crams 7 ��7 7�,�� y�/7 as Oblige in the sum of •'. � mn irN L"_m Fromm LW1Ei rm J11A17[1'lJ -c1�Y11`1 � bm J1EN PW - 3Q/1V0 ($1,!92.715,3p ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2003, with Oblige for JAMAM AVEUE RzlrfV ANA M1r7M aMM14 WE, mEM -7 sn3-34192 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. _ THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 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. TR- CA -A-4 315.12003 9:09 AM ■ This instrument shall be construed in all respects as a common law bond. It is expressly -• understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. -- In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Oblige. -- IN WITNESS WHEREOF, the above parties have executed this instrument this 30th day of MY . 2003, 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 T-nMAS KV-UE CaCTRUC17N, 1W. 6) Witnesses as Principal NAME: Dean C. Thomas -- ITS: Prec; d,ant �~ STATE OF Florida COUNTY OF Lee -- The foregoing instrument was acknowledged before me this 2 day of June , 2003, by Dean C. Thomas , as President of Thomas Marine Construction, Inc.a Florida corporation, on the corporation. He /she is personally known to me OR has N/A an oath. 11 l 1!! I l l l h �jri g \d Gaye 1� Q`� • �,1SSIOry�•dr' f iiY o� e29, , o .� s s� ;• *DD020897 It ST My Commission Expires June 29, 2005 (AFFIX OFFICIAL SEAL) 3/5/2403 9:09 AM as identification and did (did 0 i (Sf nature) A Name: Rosalind Gayle rk (Legibly Printed) behalf of produced not) take Notary Public, State of: Florida Commission No.: DD020897 TR- CA -A -5 ATTEST. Witnesses as to Surety r Witne es 1667' SURETY: AMERICAN CASUALTY COMPANY OF READING, PA (Printed Name) Fds O. .- Etmc 9466 u : . o . • * .: �.Ir•� s...� :* (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in a (Attach Power If torney) Jay E- kx*, t d Florida R4,idEnt Aa�nt (Printed Name) ITS �►1Y .�:� .���� 4UO Cater Point Drive, Mute 215 Ptxt Mfrs, Flcr'ida 33916 (Business Address) (239) 275 -,8226 (Telephone Number) - STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this 30th day of METY 2003, by Jay E- WMY , as y -Iri -� of _-P'FIucAN a= om:yw cF RF1NDIlu. PA Surety, on behalf of Surety. He/EM is personally known to me OR has produced N/A as identificat-ion -afl who did (did not) take an oath. My Commission Expires: ' "" "! (Signature) °- - w.N•.Jf+Yp&'y �eIIdy L. Hingson s ?° _Cation # DD 016447 =m XVfM May 23,20-05 Name: Wm* L. Hirpsm p._. V' 0;t�+`'' erg. & Go., jwG (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Fkx-kh Commission No.: DD 016447 TR- CA-A -6 3!5/2003 9:09 AM ACORi ,,M CERTIFICATE OF LIABILITY INSURANCE 05/30/3003 PRODUCER FAX 239 - 275 -8537 Valenti, Trobec 4 Woody, Inc. 4110 Center Point Dr, Suite 215 Fort Myers, FL 33916 (239) 275 -8226 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 C E GE R 7 INSURED Thomas Marine Construction Inc 5999 High Cotton Lane Fort Myers, FL 33905 (Z39) 337 -0008 INSURER A: Transcontinental Insurance o INSURER B: American Casualty Ce of Reading,PA 00218 INSURER C: Transportation Insurance Company INSURER D: Royal Surplus Lines I GENERAL LIABILITY INSURER E: 12/31/2002 12/31/2003 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, INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT NE DATE MM /DD/YY POLICY EXPIRATION DATE MMfDD/YY LIMITS GENERAL LIABILITY 102 945 59 22 12/31/2002 12/31/2003 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50,00 CLAIMS MADE ® OCCUR [:X MED EXP (Any one person) $ 5,004 A Contractual Liab PERSONAL & ADV INJURY $ 1,000,004 X XCU Liab GENERAL AGGREGATE $ z,000,004 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1 , 000, ON POLICY PRO - X JECT AUTOMOBILE AUTOMOBILE LIABILITY ANY AUTO 10Z 945 59 36 12 /31 /300Z 12/31/2003 COMBINED SINGLE LIMIT (Ea accident) $ 1 000,00 X X BODILY INJURY (Per person) $ S ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X Hired Phy Damage X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY 02 945 59 53 1Z /31/2002 12/31/2003 EACH OCCURRENCE $ 190001,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000, C $ $ DEDUCTIBLE X RETENTION $ 10,00 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 202 288 92 60 12/31/2002 12/31/2003 TORY LIMITS X ER E.L. EACH ACCIDENT $ 500,004 E.L. DISEASE - EA EMPLOYEE $ 500,004 E.L. DISEASE -POLICY LIMIT $ 500 A OTHER Contractors Equipment IOZ 945 59 ZZ 12/31/2002 1Z/31/ZO03 Leased /Rented Equipment Any One Item $400,000 Deductible Z% DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES !EXCLUSIONS ADDED BY ENDORSEMENTISPECUU. PROVISIONS Collier County SOCC is added as Additional Insureds with respects to work performed by our Insured an the followiag project: Lakeland Avenue Bridge and Roadway Construction, Contract #03 -3492 Umbrella coverage noted above overides all other coverages sbowa on this certificate. laK 1 If-IGA I t KULUtK 1 1 ADDITIONAL INSURED; INSURER LETTER: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 !~ ACORD 25 -S (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SH L IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS A ENTS OR E T AUTHORIZED REPRESENTATI 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. (1) The amounts ai �. requirements with the equivalents. 1687 � EXHIBIT B INSURANCE REQUIREMENTS d types of insurance coverage shall conform to the following minimum use of Insurance Services Office (ISO) forms and endorsements or their (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 /Consultant/Professional. (5) The Contractor and /or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor /Consultant /Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. TR- CA -B -1 3/5/2003 9:09 AM 1647'1 (10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor /Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable x Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable x Not Applicable TR- CA -B -2 3/5/2003 9:09 AM COMMERCIAL GENERAL LIABILITY 168711111 Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 X General Aggregate $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 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. TR- CA -B -3 3/5/2003 9:09 AM (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. ❑ Applicable x Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable x Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- contractors in the Work. TR- CA -B-4 3/5/2003 9:09 AM (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor /Consultant /Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/ Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR- CA -B -5 1-1 3/5/2003 9:09 AM EXHIBIT C 1607111 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 2003 for the period from to (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. BY: ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of 2003, 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) 3/5/2003 9:09 AM 21"T &US (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: TR- CA -C -1 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) 1687 d Payment Application No. for Work accomplished through the Date: RE: (Project N ame) Original Contract Time: Original Contract Amount: Revised Contract Time: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Percent Work completed to Date: % Less Retainage Percent Contract Time completed to Date % Total earned Less Retainage Less previous payment (s) LESS AMOUNT DUE FOR LIQUIDATED DAMAGES AMOUNT DUE THIS APPLICATION: E $ $ p ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: - (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: _ (Type Name and Title) TR- CA -D -1 °- 3/5/2003 9:09 AM rZ w a O w S A �7 C .0 O U r li F � o U 'O N My' O r U .o 0. F;A�. N 1 cl Q U O� O 01 M O O N M QW 2 ' N W UU) ZZ m 0 z H Z W CL u 2 W a0 U ❑O W ¢Ww�Lu 0CLpp O to U J wQ Ow N g T O W W LU J U) a. O U YJ Y Oa p LU a 1 a ❑ W J Lu O � S> U U Z O a L U N W Q ❑ O H LU w m H m _ D Z N 1 cl Q U O� O 01 M O O N M , EXHIBIT E CHANGE ORDER CHANGE ORDER NO.: CONTRACT NO.: TO: 0 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 12003. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: For the (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. By: By: CEI PLIED By: By: _. CONTRACTOR T.E.C.M. DIRECTOR By: By: PROJECT MANAGER BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TR- CA -E -1 3/5/2003 9:09 AM Exhibit E -1 16B7 11 " Transportation Engineering & Construction Management Department WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners .................. ............................... ................................................................................................ ............................... PROJECT* 16113 lliXt40 1191:-A Description: ENGINEER: You are directed to proceed promptly with the following change(s): Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: By: Engineer /Consultant Contractor Owner's Representative TR- CA -E -1 -1 3/5/2003 9:09 AM i EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'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: OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR- CA -F -1 "' 3/5/2003 9:09 AM � 1 B7 k 6 � 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 2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2003 OWNER By: 3/5/2003 9:09 AM Type Name and Title TR- CA -F -2 Bid No.: _ Contractor: wu�n�r n_ FINAL PAYMENT CHECKLIST 16 6 7',� Project No.: Date: , 2003 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on i 0 11. Operating Department personnel notified project is in operating phase. 12. Other: If any of the above are not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) a By Owner: (Department Name) (Signature) _. (Name & Title) TR- CA -G -1 3/5/2003 9:09 AM 16B7 ', OWNER'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT G1 CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR -CA -G 1 -1 3/5/2003 9:09 AM 1687 The following warranty is attached to and made a part of this Certificate: EXHIBIT G2 Executed by Design Professional on 2003 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2003 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2003 OWNER By: Type Name and Title TR -CA -G 1 -2 3/5/2003 9:09 AM EXHIBIT G2 16B7 }� .� << WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. CORPORATESEAL 3/5/2003 9:09 AM DATE: CONTRACTOR BY: Attest: TR- CA -G2 -1 EXHIBIT H GENERAL TERMS AND CONDITIONS INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; TR- CA -H -1 3/5/2003 9:09 AM 1667 "1. climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93 -77, Amended by 96 -29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to the hours of 49a a.m. to 49b p.m., Monday through 49c. No work shall be performed outside the specified hours without the prior approval of the Project Manager. TR- CA -H -2 3/5/2003 9:09 AM 4. PROGRESS PAYMENTS. 16B7 l; 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material -men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit six (6) copies of its monthly Application for Payment to -„ the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefor; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. TR- CA -H -3 3/5/2003 9:09 AM Owner shall retain ten percent (10 %) of the gross amount of eac bnt7 v aavmen request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: TR- CA -H -4 3/5/2003 9:09 AM t .Lb B7 (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt - that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non- liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor within thirty (30) calendar days after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract - Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. TR- CA -H -5 3/5/2003 9:09 AM 16B7`A Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance TR- CA -H -6 3/5/2003 9:09 AM 16B7 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); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. . TR- CA -H -7 _. 3/5/2003 9:09 AM f 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, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public TR- CA -H -8 3/5/2003 9:09 AM 168. enemy, act s of government, fire s, fl oods, epidemics, quarantine regulation, stri es or'i lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an _ extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, _ as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except - upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor TR- CA -H -9 3/5/2003 9:09 AM iit� v:>d kT i and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure in Exhibit H1. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3. The Contractor shall Owner, regardless of any unless otherwise agreed to payments in accordance Claim. 3/5/2003 9:09 AM proceed diligently with its performance as directed by the pending Claim, action, suit or administrative proceeding, by the Owner in writing. Owner shall continue to make with the Contract Documents during the pendency of any TR- CA -H -10 12. OTHER WORK. 16871,1 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the -- extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or r.. work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any TR- CA -H -11 3/5/2003 9:09 AM 6 B 7 Subcontractor, or anyone directly or indirectly employed by any of them.' The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. 16. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. TR- CA -H -12 3/5/2003 9:09 AM 17. PERMITS, LICENSES AND TAXES. 1607 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2. Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. TR- CA -H -13 3/5/2003 9:09 AM 16B7'4 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and TR- CA -H -14 3/5/2003 9:09 AM exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 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 and upon receipt of a final Application for Payment, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable shall issue a Certificate for Final Payment. Neither - the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. TR- CA -H -15 3/5/2003 9:09 AM Owner reserves the right to inspect the Work and make an indepen Zrfiinatii 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 material -men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after substantial completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. TR- CA -H -16 3/5/2003 9:09 AM 22. TESTS AND INSPECTIONS. 22.1. Owne r, Design Professional, their respective represent 47ts ta 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 Inspection, testing or approval of any portion of Work that is required by (i) any applicable codes, laws, ordinances, rules or regulations of any public authority other than Collier County, or (ii) permits issued by any public authority other than Collier County, shall be arranged by Contractor, at Contractor's expense, without right of reimbursement from Owner. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. Contractor shall provide Owner with the required certificates of inspection, testing or approval. Other inspection, testing or approval of any portion of Work, that is required by (i) the Contract Documents, (ii) codes, laws, ordinances, rules or regulations of Collier County, (iii) permits issued by Collier County, (iv) the Project Manager or (v) the Design Professional, shall be conducted by Owner or a person designated by Owner and shall �. be accomplished at Owner's or such person's expense. Contractor shall cooperate with such process. If the Work fails the inspection, test or conditions of approval, then Contractor shall promptly correct the deficiency at Contractor's cost, without right of - reimbursement from Owner, and shall notify Owner when the Work is ready for re- inspection, re -test or re- approval. Owner shall charge Contractor the cost of re- inspection, re -test or re- approval, including but not limited to fees and charges of - professional service providers. 22.3. If any Work that is to be inspected, tested or approved is covered without prior written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation, and replaced if necessary, at Contractor's expense without right of reimbursement from Owner. If, however, Contractor had given - Project Manager timely notice of Contractor' intention to cover the Work and Project Manager had not responded after a reasonable period of time, then Owner shall bear such expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective _ Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - TR- CA -H -17 3/5/2003 10:42 AM 1687 !� 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 any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. 23.3. 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. 23.4 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. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. TR- CA -H -18 3/5/2003 10:42 AM 24. SUPERVISION AND SUPERINTENDENTS. 16B7 4�: 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, 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. 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. 3/5/2003 10:43 AM 26. EMERGENCIES. 16B7 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after the occurrence of the emergency; if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and /or organizations who may be affected thereby; 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 walks, pavements, roadways, structures, utilities and any underground improvements not designated for removal, relocation or replacement i n Documents. TR- CA -H -20 3/5/2003 10:44 AM trees, shrubs, structures or the Contract 16B7 , 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules anil regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to _. discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, _. the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such _. meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that require the contractor to provide traffic control, the Contractor shall comply with the requirements of Collier County's Maintenance of Traffic Policy, copies of which are available through the Risk Management or Purchasing Departments. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this (choose one) Bid /RFP /Agreement which shall take precedence over other conditions and terms of this (choose one) Bid /RFP /Agreement where inconsistencies or conflicts exist. TR- CA -H -21 �' 3/5/2003 10:45 AM Additionally, the County; at its sole option; may choose to purchase some or all of t goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and/or materials required for job including brand and /or model number or type if applicable C. Pricing and availability of goods and /or materials provided under Contractor's agreements with material suppliers 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County- furnished materials that it incorporates into the project from the stock of County - furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and /or 2. been incorporated into the project. B. Notwithstanding the transfer of County- furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County- furnished materials. C. The transfer of possession of County- furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee fo the County- furnished materials. County- furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. TR- CA -H -22 3/5/2003 10:52 AM 16B7 D. The County shall purchase and maintain insurance sufficient to protect'" against any loss or damage to County - furnished materials. Such insurance shall cover the replacement cost of any County- furnished materials not yet incorporated into the Project during the period between the time the County " first takes title to any such materials and the time when the last of said materials are incorporated into the project. E. The County shall in no way be liable for any interruption or delay in the project, for any defects or other problems with the project, or for any additional costs resulting from any delay in the delivery of, or defects in, County- furnished materials, except in the event of the County's gross negligence or willful misconduct. F. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. TR- CA -H23 3/5/2003 10:46 AM EXHIBIT H1 16B7 COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre -suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program "], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one - person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non - monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. TR -CA -H 1 -1 3/5/2003 9:09 AM 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the -- contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 1 b B 7 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Clain, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, TR -CA -H 1 -2 3/5/2003 9:09 AM the arbitrators selected may continue the matter in 7- calendar day increlb Rq7est foi continuance must be submitted to the arbitrators no later than 48 -hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 — hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross - examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. TR -CA -H 1 -3 3/5/2003 10:47 AM a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one -half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a — greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7- calendar day increments. A request for a continuance must be submitted to the mediator no later than 48 -hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 — hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision - making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further _. consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. TR -CA -H 1-4 - 3/5/2003 10:47 AM 8.12 If a partial or final agreement is reached, it shall be reduced to writin g an si d Ipartlies and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. TR -CA -H 1 -5 3/5/2003 10:47 AM 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. TR -CA -H 1 -6 3/5/2003 10:54 AM 1687 �y TIME CHART FOR 16 B 7 11 Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. TR -CA -H 1 -7 3/5/2003 10:47 AM Claimant Vs. COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM 16B7 Claim No. Respondent NOTICE OF CLAIM Claimant, , hereby notifies Respondent of its Claim and requests the institution of the Collier County Alternative Dispute Resolution Procedure. Name of Pro -ject: Date of Contract: Date Claim: Summary of the Claim: Estimated Amount of Claim: Date: Claim Filed by: TR -CA -H 1 -8 3/5/2003 9:09 AM Claimant Vs. Respondent COLLIER COUNTY ALTERNATIVE DISPUTE, ;� RESOLUTION CLAIM FORM Claim No. REQUEST FOR ARBITRATION Claimant, , hereby requests negotiation of the above - referenced Claim. Name of Project: Date of Contract: PqM Requesting Negotiation: Date: Received by: Date Request Received: Comments: TR -CA -H 1 -9 3/5/2003 9:09 AM n Claimant Vs. �COLLIER COUNTY ALTERNATIVE DISPUT . 6 B 1 , RESOLUTION CLAIM FORM Claim No. Respondent REQUEST FOR PRE -SUIT MEDIATION Claimant, , hereby requests PRE -SUIT MEDIATION of the above - referenced Claim. Name of Project: Date of Contract: Party Requesting Arbitration: Date: Received by: Date Request Received: Comments: TR- CA -H1 -10 3/5/2003 9:09 AM Claimant Vs. Respondent 16x7 E , COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION CLAIM FORM Claim No. REQUEST FOR NEGOTIATION OF CLAIM Claimant/Respondent , hereby REQUESTS NEGOTIATION OF THE CLAIM BY THE PARTIES. Name of Project: Date of Notice of Claim: Date of Request for Negotiation of the Dispute: Comments: Signed: TR -CA -H 1 -11 3/5/2003 9:09 AM LAKELAND AVENUE u 7 Tj COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 EXHIBIT I COLLIER COUNTY UTILITIES — SUPPLEMENTAL TERMS AND CONDITIONS (Pages WA- CA -I -I to WA- CA -I -6) 2 -26 -03 16B7 III SUPPLEMENTAL TERMS AND CONDITIONS CHANGE ORDERS Notwithstanding anything in the Contract Documents to the contrary, Change Orders may be approved by the County Manager or his designee as provided for in the County's purchasing policy effective at the time that the change order is processed. 2. LAYOUT OF WORK Adequate vertical and horizontal control shall be provided by the Project Manager to facilitate the proper layout of the work. The Contractor shall preserve all reference points and benchmarks furnished. In the event control points are disturbed, either willfully or through carelessness, the Contractor shall cause the control points to be replaced at no cost to the Owner. The Contractor shall carefully compare all lines and levels given on the plans with existing lines and levels and shall call any discrepancy to the attention of the Project Manager, in writing, for a proper determination before proceeding with the work. The Contractor shall be responsible for the accuracy of the work and shall correct any discrepancy at no cost to the Owner. The Contractor shall utilize the services of a Professional Land Surveyor, licensed in the State of Florida, pursuant to the requirements set forth in Florida Statutes, Chapter 472, to provide adequate stakeout for the detailed work. 3. CONTRACTOR'S OFFICE The Contractor shall provide and maintain, on site and as approved by the Project Manager, an office or mobile office with telephone facilities where he or a representative of his organization may be reached at any time while work is in progress. Contractor will post and maintain in said office all permits, approved plans, specifications and Contract Documents. An automobile, pick up truck or similar vehicle equipped and staffed as specified shall be considered equivalent to a mobile office. 4. CARE OF EXISTING LANDSCAPING The Contractor shall be fully responsible for maintaining, in good condition, all cultivated grass, trees and shrubs. Where maintained grass, trees or shrubs must be removed or destroyed as a result of the construction, the Contractor shall replace or restore to the original condition all destroyed or damaged grass or landscaping after completion of the pipe installation. Tree limbs that interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with tree paint. WS- CA -I -1 2 -26 -03 • i 5. TESTING The Contractor shall pay for all testing. Generally, tests will be compaction and density tests, limerock quality tests, concrete quality tests (cylinder breaks). On asphalt, concrete and pipe, the manufacturer's or supplier's certificate that the product meets the specification requirement will be acceptable subject to the verification of the Project Manager. All test results are subject to the Project Manager's approval. No Contractor owned or operated testing laboratory will be considered "independent ". 6. SEQUENCE OF OPERATION The Contractor shall not start work that will conflict with work already in progress. The Project Manager may, however, require the Contractor to finish a section on which work is in progress prior to starting another section. 7. DRAINAGE The Contractor shall conduct his work at all times such that adequate drainage is provided and shall not interfere with or block existing drainage facilities such as gutters, ditches, storm drains or other drainage appurtenances. 8. HYDRANTS Existing fire hydrants adjacent to the project shall be kept accessible for fire apparatus at all times and no material or equipment shall be placed within 25 feet of any hydrant. 9. TRAFFIC MAINTENANCE The Contractor shall protect his work throughout its length by the erection of suitable barricades where required. He shall further protect the work by installing and maintaining flashing lights or flares along or across through - fares. Whenever public walkways are temporarily disturbed, the Contractor shall provide a suitable bypass walkway. The Contractor shall comply with all applicable laws and ordinances relating to the driving or walking public. Prior to start of construction, the Contractor shall submit five (5) copies of a Traffic M. Maintenance Plan for approval including but not limited to: Placement of signs Timing of phases Transitions lengths Hours of traffic interferences Contact person (24 -hour availability) The Contractor shall supply all traffic control devices and shall conduct his work, operate WS- CA -I -2 2 -26 -03 1687'; his equipment and place his material in such a manner as to ensure the least amount of traffic interference or obstruction as possible. The Contractor may be allowed to restrict traffic for short periods of time provided that he first contacts the Collier County Transportation Department and Florida Department of Transportation for their restrictions and also provided that adequate traffic control devices are placed in accordance with applicable County and State Laws and Ordinances. After approval from the Collier County Transportation Department and Florida Department of Transportation, and prior to any proposed closing, the Contractor shall notify Police, Fire, EMS and applicable utility companies at least 48 hours prior to the actual road closing. The Contractor shall schedule his operation such that all streets, roadways and/or driveways are usable and open to traffic at the end of each day and all open cuts through paved areas shall be repaved (at least with cold patch) within 48 hours. It shall be the Contractor's responsibility to notify property owners adjacent to the work in a timely and reasonable manner when traffic on their driveway will be restricted. The cost of all traffic maintenance shall be included with the various contract items for pipelines, and no additional payment will be made therefore. 10. TRAFFIC CONTROL STANDARDS All 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 workmen from hazards within the project limits shall be as specified in the State of Florida, Manual of Traffic and Highway Construction, Maintenance and Utility Operations. The standards established in the aforementioned Manual constitute the minimum requirements for normal conditions. Additional traffic control devices, warning devices, barriers, or other safety devices shall be required where unusual, complex or particularly hazardous conditions exist. 11. WATER MANAGEMENT/EROSION CONTROL The Contractor shall exercise extreme care to minimize contamination of rainfall runoff from the site. All necessary provisions and care shall be taken to ensure compliance with the Water Quality Standards of the State of Florida, more particularly the South Florida Water Management District. The Contractor shall make himself familiar with Chapter 173, Florida Administrative Code. Compliance for protection of State Waters and/or jurisdictional areas require the use of hay bales, temporary swales, settling ponds, silt screens and other appropriate methods as necessary to prevent soils and sediment from entering such areas. Prior to commencement of work, the Contractor shall submit a plan of action and a list of WS- CA -I -3 2 -26 -03 . 6 B7. materials he plans to use for sedimentation/erosion control to the Project Manager for approval. 12. PERMITS The Project Manager, with assistance from the Design Professional, shall obtain all necessary permits prior to commencement of work. The Contractor shall become totally familiar with the requirements of all permits prior to start of work. 13. COLOR AUDIO- VISUAL PRECONSTRUCTION RECORD The Contractor shall have an audio - visual tape recording taken of all sections of the route of construction deemed necessary by the Project Manger to serve as a permanent record 4 of preconstruction conditions. The record tape shall be submitted to the Project Manager for approval prior to commencement of construction. The construction record tape shall have been made no more than 30 calendar days prior to construction start date. The preconstruction record tape shall be taken by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. Audio -video tapes shall be new unused tapes as manufactured by Maxell or equal. The tapes shall be high grade, one half inch, high energy , extended still frame tapes capable of being played on a standard VHS, color video cassette recorder. The finished tape shall show bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or other forms or imperfection. The audio portion shall reproduce the commentary with proper volume and shall be clear and free from distortion and interruptions. The audio portion of the tape shall begin with a complete description of the beginning point of the construction scene; i.e., job name, street, direction of travel, direction of view. The video portion shall continuously show the time (hour, minute and second) and date. All taping shall be done during daylight hours with sufficient sunlight to properly illuminate the surrounding area. Taping shall not be done during inclement weather conditions. Taping on heavily traveled streets or roads may require the use of police escort at the option of the Project Manager. If police escort is required, all costs shall be borne by the Contractor. The cost of the color audio - visual preconstruction record shall be included in the appropriate contract items, and no separate payment will be made therefore. WS- CA -I -4 2 -26 -03 1687 �y 14. WORK IN COUNTY STREETS AND HIGHWAYS All work within the Collier County Rights -of -way outside the FDOT right -of -way shall be in accordance with Ordinance #93 -64 and with the County Right -of -way Permit, and shall be subject to the requirements of the Collier County Development Services Division. Methods and materials of construction use in restoration within such streets and highways, including pavement, sidewalk, curb, curb and gutter removal and replacement, replacement of storm sewerage facilities, excavation and backfilling, and the storage of pipe, materials and equipment shall conform to the requirements of the Collier County Development Services Division and will be subject to the inspection and approval of the duly authorized representatives of the County. Ground surfaces shall be restored by sodding immediately adjacent to existing pavement areas, around drainage structures and on ditch slopes. In other areas, restoration shall be by seeding and mulching. The cost of surface restoration shall be included in the various contract items for pipelines, and no separate payment will be made therefore. 15. WORK IN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY All work within the State of Florida Department of Transportation right -of -way shall be in accordance with the FDOT Utility Permit and shall be subject to the requirements of the Florida Department of Transportation. Clearing and grubbing shall conform to Section 110, Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Restoration shall be by seed mulch, fertilizer, sod and watering. The surface shall be prepared with material suitable to ensure plant growth and in accordance with the Florida Department of Transportation Standard Specification. Methods and materials of construction used in restoration within such streets and highways, including pavement, sidewalk, curb, curb and gutter removal and replacement, replacement of storm sewerage facilities, excavation and backfilling, and the storage of pipe, materials and equipment shall conform to the requirements of the Florida Department of Transportation and will be subject to the inspection and approval of the duly authorized representatives of the State. All jacking and boring work performed within the FDOT right -of -way shall comply with the applicable requirements of the FDOT Utility Accommodation Guide, Exhibit F, and as further specified in this Section. Each jacking and boring pavement crossing operation shall be a continuous operation, utilizing overnight work if necessary to complete the crossing. Backup equipment shall be provided on -site during the work to ensure completion in the event of equipment WS- CA -I -5 2 -26 -03 breakdown. 'In 6 L 7 , . Casings utilized in the jacking operation shall be a minimum of 20 feet in length. The local FDOT Maintenance Engineer shall be notified a minimum of 48 hours in advance of the jacking operation as required in the Utility Permit, and the actual crossing operation shall not begin, except as allowed by the Utility Permit, until the local Maintenance Engineer or his representative is present at the job site and agrees that proper preparations for the crossing have been made. The Contractor shall provide daily clean up of all disturbed areas within the right -of -way and remove all debris to his place of disposal off -site. All grassed areas disturbed by construction operations shall be sodded. Upon completion of the work, two (2) sets of as -built plans for all work within the FDOT right -of -way shall be submitted to the FDOT Maintenance Engineer. 16. WORKING CONDITIONS The Contractor shall be responsible, in all respects, to conduct his operations in compliance with the U.S. Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Health and Safety Act of 1970 (PL 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91 54). 17. CONSTRUCTION OPERATIONS AND EQUIPMENT In general, the pipeline shall be laid in open cut, except when another method, such as jacking, boring or tunneling is shown on the plans, specified or directed by the Project Manager. - The work shall be kept in a neat, graded condition to provide positive surface drainage and prevent ponding of water. When the work is halted by rain, the Contractor shall clean up and grade the work site prior to daily shutdown. Excavations shall not be left open -' over a weekend. Excavations shall not be left open overnight unless properly barricaded. The Contractor shall, at all times and in all respects, employ equipment adequate for all site conditions to properly perform the work as shown on the plans, specified or directed by the Project Manager. The cost of any special equipment, labor or material required to complete the work in the locations shown on the plans or specified shall be included in the unit prices in the Proposal, and no separate payment will be made therefore. END OF SECTION WS- CA -I -6 2 -26 -03 , LAKELAND AVENUE 16B7 COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 EXHIBIT J TECHNICAL SPECIFICATIONS CONTENTS FDOT STANDARD SPECIFICATIONS (Page J -1) SPECIAL PROVISIONS (Pages J -SP -1 to J- SP -23) SUPPLEMENTAL SPECIFICATIONS (Pages J -SS -1 to J -SS -164) TECHNICAL SPECIAL PROVISIONS (Pages J -TSP -1 to J- TSP -46) COLLIER COUNTY STANDARD TECHNICAL SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION (Pages J- WS- CA -J1 -1 to J- WS- CA -J8 -2) FDOT STANDARD SPECIFICATIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS, DIVISION II CONSTRUCTION DETAILS AND DIVISION III MATERIALS OF THE 2000 EDITION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION shall apply to and form a part of this Contract as if fully written herein. If a conflict or redundancy occurs between these Collier County Contract Documents and the FDOT's Division I General Requirements and Covenants, the Collier County requirement shall govern. Where a FDOT Section is cited that contains references to other Sections, they shall also be included as though written therein. REVISIONS, DELETIONS, and/or ADDITIONS to the FDOT Standard Specifications are contained in the SPECIAL PROVISIONS, SUPPLEMENTAL SPECIFICATIONS and TECHNICAL SPECIAL PROVISIONS. Method of measurement and basis of payment for material and work performed in conformance with the FDOT Standard Specifications and Technical Special Provisions shall utilize the Bid Items as indicated in PART C - BID SCHEDULE, and all other applicable sections of the reference specification section shall remain in effect except as modified herein. The lump sum and/or unit price bid shall be full compensation for labor, equipment, materials and incidentals necessary to complete the Work in conformance with the Contract Documents. J -1 2 -26 -03 LAKELAND AVENUE 16B7 -- COLLIER COUNTY PROJECT NO. 66042 BID N0.03 -3492 SPECIAL PROVISIONS These Special Provisions amend or supplement the 2000 edition of the FDOT Standard Specifications for Road and Bridge Construction. 1. DEFINITIONS ARTICLE 1 -3: Delete the definitions of the underlined terms below in their entirety and substitute the following definitions in lieu thereof: Department - The Board of County Commissioners of Collier County, Florida, as Owner. Engineer - The Collier County Transportation Services Division Administrator or his designated County Project Manager. Holidays - Holidays as designated by the Board of County Commissioners of Collier County, Florida. Proposal Form - The official Collier County bid form contained in the bid proposal. Secretary - The Chairman, Collier County Board of County Commissioners, acting directly through either the County Manager or the Transportation Services Division Administrator. _. State - County: The Board of County Commissioners, Collier County, Florida, as Owner. 2. PROPOSAL REOUIREMENTS AND CONDITIONS ARTICLES 2 -1, 2 -2, 2 -5, 2 -6, 2 -7, 2 -8, 2 -9, 2 -10, AND 2 -11: Delete in their entirety. Retain Articles 2 -3, 2 -4, and 2 -12. 3. AWARD AND EXECUTION OF CONTRACT ARTICLES 3 -1 THROUGH 3 -8: Delete in their entirety. 4. ALTERATION OF PLANS OR OF CHARACTER OF WORK ARTICLE 4 -3.1: Add the following to the end of the first paragraph. "It is anticipated that construction by others will be underway at each end and within this project during the life of this Contract. Coordinate construction operations with those of other Contractors as necessary." 5. PLANS AND WORKING DRAWINGS SUBARTICLE 5 -1.1 (Page 26). The "Design Standards" booklet for English Units, dated January 2002, is modified as follows: J -SP -1 2 -26 -02 16B7 Index No. 304 PUBLIC SIDEWALK CURB RAMPS (Sheets 1 of 5 through 5 of 5) — Delete in its entirety and substitute INTERIM STANDARD - INDEX NO. 0304 PUBLIC SIDEWALK CURB RAMPS (Sheets 1 of 5 through 5 of 5). 6. AUTHORITY OF THE ENGINEER ARTICLE 5 -5: In the second line, delete the words "...State Construction..." and add the following after the second paragraph: "The Engineer shall order such changes and execute such supplemental agreements as he may decide as provided for under the Sections of these specifications. The provision of this article or elsewhere in this Contract regarding administration by the County or action taken pursuant thereto is not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." 7. AUTHORITY AND DUTIES OF THE ENGINEER'S ASSISTANTS ARTICLE 5 -6: In the first line, delete the words "...State Construction..." 8. CONTROL POINTS FURNISHED BY THE DEPARTMENT ARTICLE 5 -7.1: Delete the first paragraph of this subarticle and add the following paragraphs: "Adequate vertical and horizontal control, both field established and as shown on the project plans, shall be provided by the County/Engineer to facilitate the proper layout of the work by the Contractor. The Contractor shall preserve all such reference points and bench marks furnished. The Contractor shall carefully compare all lines and levels given on the plans with existing lines and levels, and shall call any discrepancies to the attention of the Engineer, in writing, for a proper determination before proceeding with the work. In any event, the Contractor shall be responsible for the accuracy of the work and shall make good any work performed in error, at no cost to the County. Stakes, monuments, bench marks, and other control points provided by the County shall be scrupulously preserved by the Contractor. The cost of preserving/relocating survey reference points or monuments shall be paid under pay item number 101 -1. In the event that stakes or other control points are willfully or carelessly destroyed or disturbed, they shall be reset at the sole expense of the Contractor ". 9. PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS SUBARTICLE 5 -7.5: Add the following to this subarticle: "The Contractor shall utilize the services of a Professional Land Surveyor pursuant to the requirements set forth in Chapter 472, Florida Statutes, as amended. All construction surveying J -SP -2 2 -26 -02 ... 16B7 1, and layout work to be provided herein shall be coordinated with and subject to the approval of the Engineer." 10. ARTICLE 5 -9 5 -10 5 -11 5 -12 and 5 -13: Delete them in their entirety. See General Terms and Conditions. 11. SECTION 5: Add the following articles to Section 5: 5 -14 AS BUILT DRAWINGS AND RECORD DRAWINGS: The Contractor shall keep and maintain in his field office or in the superintendent's vehicle one (1) Contract copy of all project plans, drawings, specifications, addenda, written amendments, change orders, work directive orders, supplemental agreements, and other written interpretations and clarifications. Such documents will be kept in good order in the Contractor's project filing system located within his main office or field office and shall be annotated each month by the Contractor to show updated construction deviations as well as design changes authorized by the Engineer during construction. It shall be mandatory for the Contractor to make available to the Engineer all such annotated information pertinent to the design drawings each month prior to his submission of a monthly application for payment. Should the Contractor fail to comply with the provision described herein, the Engineer may at his discretion withhold sufficient monies from the Contractor's monthly payment request. Upon completion of all Contract work but prior to authorization of the final payments by the Engineer, the Contractor shall deliver certified "as- built" drawings and other documents to the Engineer for formal approval. Certified "as- built" information which the Contractor will show on marked -up design drawings, prints, and other materials as specified above shall include both authorized and unauthorized changes to horizontal pavement dimensions, finish pavement grades, finish dimensions, invert elevations and alignment of drainage culverts, storm sewers, and utility main and any modifications to material types from that specified in the bid plans and specifications. The Contractor shall also obtain "as- built" cross - sections of the roadway, ditches, -° channels, and other drainage ways as shown in the contract Documents at intervals not to exceed 100 ft. and corresponding to even 100' stations as shown on the plans. The required as -built data shall be subject to the following conditions: 5 -14.1 As -built dimensions and elevations shall be obtained by a Professional Land Surveyor registered in the State of Florida pursuant to Chapter 471, Florida Statues. The "as- built" drawings shall be signed and sealed by the Contractor's Professional Land Surveyor in accordance with Section 472.025, Florida Statues. 5 -14.2 All pertinent surveyors' field survey notes containing the "as- built; data shall be submitted to the Engineer for review and acceptance prior to authorization of the final payment. 5 -14.3 As -built data shall be secured using the "state of the art" survey equipment and methods; the accuracy of measurement shall be 0.01 ft. J -SP -3 2 -26 -02 1687 5 -14.4 All utilities and other sub - surface improvements shown in the Contract Documents shall be "as- built" by the Contractor prior to backfilling. 5 -14.5 A final bench level circuit, certified by the Contractor's Professional Land Surveyor, shall be secured indicating accuracy of vertical closure, and a copy of these field notes shall be submitted to the Engineer before final payment and acceptance of the project. 5 -14.6 Subsequent to the Engineers written approval of all "as- built" information, data, and the like secured by the Contractor's Professional Land Surveyor, the County shall provide the Contractor with a reproducible mylar copy of the design drawings as bid. Forthwith, all "as- built" information shall be drafted upon such drawings and certified, signed, and sealed by the Contractor's Professional Land Surveyor. These final mylar plans titled "as- built" record plans shall become the property of the County. 5 -14.7 The cost of preparing, maintaining, and providing "as- built" plans and documents as specified in this article shall be included in the bid price for Item No. 101 -1. 5 -14.8 Final payment and final acceptance of the work shall not be authorized by the Engineer and the Owner until such time as the Contractor submits a complete set of certified "as- built" plans and other documents in satisfactory condition as specified in this article. 12. INFORMATION ON MATERIALS ARTICLE 6 -1: Delete this article in its entirety. 13. RETEST OF MATERIALS SUBARTICLE 6 -4.4: Add the following to this subarticle: "The Contractor shall pay for the County's cost of all retests for materials that were initially rejected due to a failing test result." 14. MATERIAL TO BE TESTED; SAMPLES: SUBARTICLE 6 -5.1: Delete the last sentence of this subarticle and add the following paragraph: "Except where otherwise indicated in these specifications, the on -site project field testing of selected materials and work and the laboratory testing of concrete and soil materials required by the Engineer shall be provided by and at the expense of the County and the Contractor shall coordinate and schedule the required testing. Also, the contractor shall pay for the cost of all unacceptable field and laboratory tests which reveal that the materials or work failed to meet the requirements of these specifications. The cost of such failing tests and re- testing will be deducted from the amount due the Contractor on interim payments or on the final pay estimates. The cost per test will be the same total cost per test paid by the County. The Contractor shall J -SP -4 2 -26 -02 16 B 7 71 notify the Engineer twenty -four (24) hours prior to the time of required testing so that the Engineer may arrange to have his representative present ". 15. ACCEPTANCE OF TESTS OF PRODUCER'S SAMPLES: SUBARTICLE 6 -5.6: Is expanded by the following new subarticle: 6 -5.6.1 REVIEW AND ACCEPTANCE OF MATERIALS: The Contractor shall furnish to the Engineer for review all Contractor's, subcontractor's - and manufacturer's brochures, illustrations, erection drawings, material lists and performance data, which may be required by the specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. Unless otherwise provided, not less than four copies plus those copies necessary for the Contractor's requirements, of all such drawings shall be submitted to the Engineer for review. The Contractor shall submit all such drawings to the Engineer in sufficient time to prevent delays in delivery of materials or in the progress or completion of the work. At the time of each submission, the Contractor shall, in writing, call the Engineer's attention to any intentional or known deviations that the shop drawings may have from the requirements of the Contract Documents. The data shown on the shop drawings shall be complete with respect to dimensions, specification section, drawing number, date, design criteria, materials of construction and the like to enable the Engineer to review the information as required. Where called for, the Contractor shall furnish two (2) samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. - No work requiring a shop drawing or sample submission shall be started until each submission has been reviewed and approved by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omission in the shop drawings. Shop drawing submittals processed by the Engineer shall not be construed as change orders; the purpose of shop drawing submittals is to demonstrate to the Engineer that the Contractor understands the design concept, and that his understanding is demonstrated by indicating the equipment and material to be furnished and installed. Corrections or changes indicated by the Engineer on the shop drawings do not constitute authorization to perform extra work. The review of shop drawings and schedules shall be considered general and shall not be w. construed as permitting any departures from the contract requirements. The design drawings and J -SP -5 2 -26 -02 t contract specifications shall take precedence over the shop drawings in the event of deviations, discrepancy or conflict. One (1) complete set of all reviewed shop drawings and samples shall be kept at the site at all times. During work specified or shown on the shop drawings, the Contractor shall make no deviation from reviewed drawings, and the changes made thereon by the Engineer, if any: The Contractor shall, upon completion of the work, furnish to the Engineer, two (2) complete sets of prints, neatly bound together, and in good condition, of all the Contractor's, Subcontractor's and manufacturer's drawings as finally checked and reviewed by the Engineer with all modifications accepted by the Engineer subsequent thereto, showing the work as actually completed. Such "as- built" information for bridges, culverts, and similar structures shall also be provided by the Contractor pursuant to Article 5 -14 herein." 16. ASPHALTIC CONCRETE MIX DESIGNS SUBARTICLE 6 -5.10: Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "The responsibility and cost of formulating, establishing and controlling the design mix(es) for asphaltic concrete shall be borne by the Contractor." 17. CONTROL BY SAMPLE AND TESTS ARTICLE 6 -5 (Pages 52 and 53) is expanded as follows: 6 -5.12 Materials Accepted Based on Manufacturer's Certification: The Engineer will accept certain manufactured products for use on Department Contracts upon receipt of a satisfactory certification stating that the product meets the acceptance criteria requirements of the Department's specifications. Manufactured products whose acceptance is based on a manufacturer's certification are so identified in the appropriate Division III Sections of these Specifications. The Engineer reserves the right to sample these materials in accordance with the provisions of this Section. Manufacturers may obtain the sample certification forms through the Department's web site. The URL for obtaining the certification forms is: http: / /www. dot. state .fl.us /statematerialsoffice / administration / publications /certifications /sampleforms.htm It is the sole responsibility of the Contractor to obtain, verify completeness and submit the certification to the Engineer before incorporating such manufactured products into the project. 18. PERMITS AND LICENSES SUBARTICLE 7 -2.2 (Page 58) is expanded by the following: The State of Florida Department of Environmental Protection (FDEP) permit titled "Generic Permit for Stormwater Discharge from Construction Activities That Disturb Five or J -SP -6 2 -26 -02 More Acres of Land" applies to this Contract. This permit may also be known or commonly referred to as a "NPDES" permit. The Contractor may obtain a copy of the permit through the Florida Department of Environmental Protection website and comply with the requirements of the permit. A copy of the permit, associated forms and instructions is also provided in Exhibit K- 4. The Contractor is responsible for administration, processing, fees, inspections and all other requirements of the permit. The FDEP -NPDES permit requires that inspections be performed by qualified personnel who have completed the Florida Storm Water, Erosion and Sediment Control -. Training and Certification Program for Inspectors and Contractors and who have passed the examination. The Contractor is responsible for all inspection requirements of the State NPDES permit. Use the inspection form provided by the Engineer to report all inspection findings and to document all corrective actions taken as a result of the inspection. Sign each inspection report and submit it weekly to the Engineer. 19. RESTORATION OF SURFACES OPENED BY PERMIT. ARTICLE 7.5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof: "7 -5 Restoration of Surfaces Opened by Permit. The County reserves the right to allow parties other than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County right -of -way permit, to make openings or perform work in the existing highway within the limits of construction. In all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the right -of -way shall make, in an acceptable manner, all necessary repairs due to such opening and such work ordered by the Engineer shall be subject to the conditions - specified in Collier County Ordinance No. 82 -91, as amended. 20. USE OF EXPLOSIVES ARTICLE 7 -9 Add the following to this article: "The Contractor must obtain written authorization from the Engineer and required permits from the Owner prior to undertaking any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance Nos. 73 -11 and 82 -94, as may be amended. Rock excavation shall be attempted to be excavated or otherwise removed without blasting." 21. PRESERVATION OF PROPERTY ARTICLE 7 -11: The following is added to subarticle 7 -11.1: �. "Damage to Collier County Water -Sewer District pipelines and structures shall be repaired at no additional cost to the County, in accordance with the Collier County Utilities Standards and Procedures Ordinance No. 88 -76, as amended. All other property damaged shall - be restored to conditions similar or equal to that existing before such damage or injury was done J -SP -7 2 -26 -02 1687'; by the Contractor, and at his own expense, or he shall make good such damage or injury in a manner acceptable to the Engineer and Property Owner. 22, ARRANGEMENTS FOR PROTECTION OR ADJUSTMENT SUBARTICLE 7- 11.6.1: In the first line in the second paragraph, delete the word "Department" and substitute the word "Contractor ". 23. UTILITY ADJUSTMENTS SUBARTICLE 7- 11.6.3 The following is added to this subarticle: "The utility work which may be necessary to be accomplished concurrently with the highway construction contract will involve facilities owned by the agencies listed below: Collier County Water -Sewer District (Water, Sewer, Effluent, Raw Water) Florida Power and Light Company (Electrical Power) Sprint- Florida (Telephone, Communications) Comcast (CATV) AT &T (Telephone, Communications) Qwest (Telephone, Communications) TECO (Natural Gas) Where utility work must be coordinated with highway construction operations, the portion of the anticipated relocation period covering such concurrent work or may not begin on the day highway construction commences and may or may not be consecutive working days. Contractor or its subcontractor shall coordinate and fully manage the anticipated utilities schedule of relocation and/or adjustments with affected utilities listed above." 24. ARTICLE 7 -13: Delete all articles in their entirety with the exception of Article 7 -13.3. See Exhibit C. 25. ARTICLE 7 -14 Delete this article in its entirety. See General Terms and Conditions. 26. ARTICLE 7 -17: Delete the provisions of this Article in their entirety and substitute the following in lieu thereof: "Supplemental Agreements (inclusive of change orders) shall be authorized in accordance with purchasing policies adopted by the County." 27. ARTICLE 7 -22 J -SP -8 2 -26 -02 Delete the provisions of this article in its entirety. 28. ARTICLE 7 -23: Delete the provisions of this article in their entirety. 29. SUBARTICLE 8 -3.1: Delete this subarticle in its entirety. See Agreement and General Terms and Conditions. 30. SUBARTICLE 8 -3.2: Delete the provisions of this subarticle in their entirety. See General Terms and Conditions. 31. SUBARTICLE 8 -3.3: Delete the last sentence and refer to the Invitation to Bid. 32. SUBARTICLE 8 -3.5: Delete the first and second sentences of this subarticle and substitute the following in lieu thereof: "After the award of the contract and prior to the issuance of the `Notice to Proceed' with contract work, a conference will be held to discuss the date for the "Notice to Proceed" and the effective date to be contained therein, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the Contractor's project management responsibilities. Present at the conference will be the Contractor and his subcontractor, utility companies, a representative from the South Florida Water Management District (Big Cypress Basin) and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other materials at that time as specified in the Special Provisions and Standard Specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre - construction conference: a. Name /qualifications of the Contractor's proposed full -time superintendent. b. Name /qualifications of the Contractor's representative for implementing and maintaining the Maintenance of Traffic Plan during construction. C. Listing/qualifications of the Contractor's proposed subcontractors. d. Project Schedule. ®. e. Maintenance of Traffic Plan. f. Quality control plan per Section 6 -8.4 of the Standard Specifications. g. Name /qualifications of Contractor's registered land surveyor. J -SP -9 2 -26 -02 1687 `8 h. Name /qualifications of Contractor's quality control technician per subsection 6 -8.4 of the Standard Specifications. i. Schedule and plan for prevention, control, and abatement of erosion and water pollution per Section 104 -5 of the Standard Specifications. j. Other information specified in the Standard Terms and Conditions. 33. PROSECUTION OF WORK SUBARTICLE 8 -3.6 Add the following new subarticle to Article 8.3. "8 -3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the County field representatives and those of the Contractor, Subcontractors, utility companies, permitting agencies and other parties having an interest in the Contract. The progress meetings shall be hosted by the County and shall be held at locations to be mutually agreed upon by the County and the Contractor at no less than one (1) week intervals. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, etc. The contractor is obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the County's Engineer/Project Manager for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees." 34. NIGHT WORK Article 8 -4.1; Add the following to this subarticle: 8.4.1.1 HOLIDAY AND WEEKEND WORK: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy -two (72) hours in advance of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable. This applies to day work and night work during holidays and weekends. 35. SEQUENCE OF OPERATIONS SUBARTICLE 8 -4.2: Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic therein shall be included in the Contractor's Project Schedule." 36. QUALIFICATIONS OF CONTRACTOR'S PERSONNEL. ARTICLE 8 -5: Add the following to this article: J -SP -10 2 -26 -02 1667' "The Contractor shall have a competent superintendent (serving in the capacity as a contractor project manager) on the project at all times whenever the Contractor's work crews, or work crews of other parties authorized by the Engineer, are engaged in any activity whatsoever associated with the project. Should the Contractor fail to comply with the above condition, the Engineer shall, at his discretion deduct from the Contractor's partial monthly payment estimate, sufficient monies to account for the County's loss of adequate project management and superintendent, not as a penalty, but as liquidated damages for services not rendered. The Contractor shall assign a full -time Project Manager /Superintendent to routinely and constantly supervise, manage, plan, monitor, schedule, and control the construction operations on behalf of the Contractor. An equipment operator will not be considered as a full -time superintendent." 37. ARTICLE 8-8,8-9,8-10,8-11 AND 8 -12 Delete in their entirety. 38. SUBARTICLES 9 -2.1.1 AND 9 -2.1.2 Delete in their entirety. Price indexing for asphalt, natural gas, gasoline or diesel fuel will not be considered. 39. ARTICLE 9 -4. Delete in its entirety. - 40. ARTICLE 9 -6 Delete subarticles 9 -6.4, 9 -6.6, and 9 -6.7 in their entirety. 41. ARTICLE 9-7,9-8,9-9,9-10 and 9 -11 Delete these articles in their entirety. 42. MOBILIZATION ARTICLE 101 -1 is expanded as follows: "In addition, this Section includes all work necessary for the Contractor to provide and maintain the project signs as shown on the detail provided. The location will be determined by the Engineer. The cost of providing, furnishing, constructing, installing, maintaining and removing project signs shall be included in the Lump Sum contract pay item for mobilization. 43. MAINTENANCE OF TRAFFIC - CROSSINGS AND INTERSECTIONS. SUBARTICLE 102 -2.3 (Page 106) is expanded as follows: "The Contractor shall be responsible for the maintenance and operation throughout the duration of the project of those signalized intersections within the project limits that through the action of the contractor are impacted as a result of contract work (disturbed as a result of the J -SP -11 2 -26 -02 ib87 removal of detector loops, relocation of signal heads, etc,), with the exception of signal timing adjustments. Signal timing adjustments and video detection device installation shall be the responsibility of the County Transportation Operations Department — Traffic Operations Section. This includes all necessary timing changes required to implement the various maintenance of traffic phases. The Traffic Operations' Department requires a 48 hours notice to schedule signal timing modifications." 44. TRAFFIC CONTROL - MOT DEVICES. SUBARTICLE 102 -3.2.8 (of the Supplemental Specifications). The text is deleted and the following substituted: 102 -3.2.8 Variable Message Signs: 102 - 3.2.8.1 Scope. Variable Message Signs (VMS) must meet the physical display and operational requirements as described in the MUTCD as Portable Changeable Message Signs (PCMS's), Index 600 of the Roadway and Traffic Design Standards and the requirements of this Specification. The 7 foot by 10 foot [2.1 by 3 m] VMS as defined in 102 - 3.2.8.3 may be used as advanced warning maintenance of traffic devices and to supplement other traffic control devices used in work zones. The 5 foot by 8 foot [1.5 by 2.4 m] VMS as defined in 102- 3.2.8.3 may be used as alternates to either type A or type B arrow board on advanced warning vehicles or to supplement other traffic control devices used in a work zone. A 5 foot by 8 foot [ 1.5 by 2.4 m] VMS may be used as a stand alone maintenance of traffic device only when used for accident or incident management situations as defined in the MUTCD. Manufacturers seeking approval for their VMS shall provide the Department with a prototype unit to be evaluated in accordance with these Specifications and certify that the unit meets all requirements specified herein. Permanent installations can be used but will be evaluated for each specific project or installation. These standards shall include but not be limited to the following: 102 - 3.2.8.2 Display Panel and Housing: (a) The display housing assembly shall be weather -tight to protect the panel from the elements. (b) All nuts, bolts, washers and other fasteners shall be of a corrosive resistant material. (c) The message matrix panel background and frame for the changeable message assembly shall be painted flat black (must meet Federal Specification TT -E -489). (d) Servicing of all message matrix panel components shall be accomplished from the front of the message matrix panel. (e) Each message matrix panel shall provide a glare screen for each message line to aid against sun glare for non - reflecting type signs. (f) The display panel, when raised in the upright position, will have a minimum height of 7 feet [2.1 m] from the bottom of the panel to the ground. (g) The unit shall have an accessible mechanism to easily raise and lower the display assembly. A locking device shall also be provided to ensure the display panel will remain in the raised or lowered position. 102 - 3.2.8.3 Message Matrix: J -SP -12 2 -26 -02 (a) The overall dimensions of the 7 foot by 10 foot [2.1 by 3 m] VMS message matrix - panel shall be a maximum height of 7 feet [2.1 m] by a maximum width of 10 feet [3.0 m]. The overall dimensions of the 5 feet by 8 feet [1.5 by 2.4 m] VMS message matrix panel shall have a maximum height of 5 foot by a maximum width of 8 foot [1.5 by 2.4 m]. (b) The message matrix panel shall contain three separate lines. Each line shall consist of eight characters, equally spaced a minimum of the equivalent to a single column of inactive matrix elements. Each character shall contain 35 pixels in a five by seven horizontal to vertical grid arrangement. (c) Each message line of the 7 foot by 10 foot [2.1 by 3 m] VMS shall provide for characters 13 inches [330 mm] in width by 18 inches [457 mm] in height and variable graphic and symbol sizes to a minimum of 18 inches [457 mm] in height. The 5 foot by 8 foot [ 1.5 by 2.4 m] VMS shall provide for characters 9 inches [229 mm] in width by 12 inches [305 mm] in height and variable graphic and symbol sizes to a minimum of 12 inches [305 mm] in height. (d) Ensure LED's are amber (590 nm dominate wavelength) and meet the visibility and legibility requirements of this Specification and have a viewing angle no less than 23 degrees. Ensure the intensity does not fall below 80 percent within three years. For flip disk matrix signs, the disk elements shall be coated on the display side with a highly reflective florescent yellow Mylar material, and on the back with a flat black meeting Federal Specification TT -E -489 to blend in with the flat black background. (e) Similar components shall be interchangeable. 102- 3.2.8.4 Electrical System: For diesel engines the following shall apply: (a) The power supply and electrical system shall be self contained within the unit. (b) The power source furnished shall be of sufficient size so as to provide the required maximum load energy plus 25%. (c) The electrical system shall meet the National Electrical Code where applicable. (d) A lightning protection device shall be provided for stationary equipment. (e) The engine shall have an electrical starting system. (f) A backup power system shall be provided that will operate the unit for a minimum of three hours automatically when the motor driven generator fails to operate. (g) An automatic charging system to recharge the starting and backup power supply batteries, when the generator is operating. (h) The engine shall be supplied with an ammeter and the generator shall be supplied with a volt meter showing voltage to the sign assembly. For solar powered units the following shall apply: (a) The photovoltaic unit of the 7 foot by 10 foot [2.1 by 3 m] VMS shall be designed to provide 21 days of continuous operation without sunlight with a minimum of on site maintenance. The photovoltaic unit of the 5 foot by 8 foot [ 1.5 by 2.4 m] VMS shall be designed to provide 12 days of continuous operation without sunlight with a minimum of on site maintenance. (b) Automatic recharging of power supply batteries shall be provided. 102 - 3.2.8.5 Battery Life Test: (a) The battery shall be equipped with a battery controller to prevent overcharging and over - discharging. An external battery level indicator shall be provided. (b) The battery, controller, and power panel shall be designed to withstand the elements and vandalism. 102 - 3.2.8.6 Controller: (a) Controller and control panel shall be housed in a weather, dust, and vandal proof lockable cabinet. J -SP -13 2 -26 -02 1687 �J (b) The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. (c) The controller shall be solid state in design and function. (d) The control panel shall display a representative message that will be displayed on the sign panel. (e) The flash rate shall be adjustable in the sign controller from one to ten seconds. 102- 3.2.8.7 Operation and Performance: (a) The message shall be displayed in upper case except when lower case is project specific and is allowed by the MUTCD. (b) The message matrix panel shall be visible from 1/2 mile [0.8 km] and legible from a distance of 650 feet [200 m] under both day and night conditions. Under variable light level conditions the sign shall automatically adjust its light source so as to meet the 650 feet [200 m] visibility requirement. (c) The control panel shall have the capability to store a minimum 50 pre - programmed messages. (d) The controller in the control panel shall be able to remember messages during non - Powered conditions. (e) The controller shall allow the operator to generate additional messages on site via the keyboard. (f) For a VMS using Flip -Disk technology, the controller shall have the capability to provide a stipulated default message upon loss of controller function. (g) All messages shall be flashed or sequenced. In the sequence mode, the controller shall have the capability to sequence three line messages during one cycle. 45. WORK ZONE PAVEMENT MARKINGS. SUBARTICLE 102 -3.3 (Pages 108 -111) is deleted and the following substituted: 102 -3.3 Work Zone Pavement Markings: 102 -3.3.1 Description: Furnish and install Work Zone Pavement Markings for maintenance of traffic in construction areas and in close conformity with the lines and details shown on the plans. Measure the reflectivity of white and yellow stripes using a Mirolux 12 retroreflectometer or equal approved by the State Materials Office. Reflectivity shall be at least 250 mcd/lx•m2 for yellow and 300 mcd/lx•m2 for white when installed. Re -stripe anytime the reflectivity falls below 150 mcd/lx•m2. Compensation for re- striping will be at the Contract unit price for the appropriate material when the material used appears on the Qualified Products List (QPL) and is properly installed. The pavement marking materials shall not contain any lead or chromium compounds. Manufacturers seeking product approval shall furnish certified test reports showing the Work Zone Pavement Marking material meets the requirements of this Section. Centerlines, lane lines, edgelines, stop bars and turn arrows in work zones will be required in accordance with the MUTCD with the following additions: (a) Install edgelines when a paved shoulder 4 feet [1.2 m] or greater in width exists along the edge of a lane. (b) Place edgelines on all detours where vehicle paths are altered from normal operations and where a lane is narrowed from its normal width for any reason. J -SP -14 2 -26 -02 16 B 7 "4 , (c) Apply Work Zone Pavement Markings, including arrows and messages determined by the Engineer to be required for safe operation of the facility, prior to the end of the day if the highway is open to traffic. Channelizing devices may be used to direct traffic during the day prior to placing the Work Zone Pavement Markings. (d) Work Zone Pavement Markings will be designated in the plans or by the Engineer as removable or non - removable. Work Zone Raised Pavement Markers (WZRPM's) may be used in lieu of Temporary Tape or Paint in accordance with 102- 3.3.2.4. Removable Work Zone Pavement Markings consists of materials that can be taken up by hand. An example of this category of markings is plastic film (Tape), or Work Zone Raised Pavement Markers (WZRPM's). Non - Removable Work Zone Pavement Markings consists of markings that are not classified as removable. Use of Removable or Non - Removable Work Zone Pavement Markings shall be as follows: Application Category Finish Pavement* All stripes representing final pavement on- Removable markings All stripes in an area where the traffic patternRemovable will be altered prior to project acceptance Intermediate Pavement Course All stripes in pavement areas that will b on- Removable covered with a subsequent course of pavement prior to altering of the traffic pattern within such area. 11 stripes where the traffic pattern will beRemovable altered prior to placing of the subsequent paving nurse within such area. Existing Pavement 11 stripes that will be removed or overlaid with on- Removable new pavement prior to altering the traffic pattern within such area. 11 stripes where the traffic pattern will be emovable altered prior to removal or overlaying of such area. *Place striping representing final markings in the permanent location unless excepted in writing the Engineer. _. Removable Pavement Markings may be substituted for Non - Removable Pavement Markings. When substitution is made, payment will be made under the Bid Item, Non - Removable Pavement Marking. 102 -3.3.2 Materials: 102 - 3.3.2.1 Paint and Glass Beads: Meet the application requirements of Section 710, and the material requirements of Section 971. J -SP -15 2 -26 -02 102 - 3.3.2.2 Preformed Non - removable Pavement Marking Film (Tape): Conform to the application requirements of Section 713, and the material requirements of 971 -18. 102 - 3.3.2.3 Preformed Removable Pavement Marking Film (Tape): Meet the following requirements: (1) Composition: Use a mixture consisting of polymeric materials, pigments, glass beads, and a retro- reflective layer of glass beads firmly bonded to the top surface. (2) Adhesive: Precoat removable preformed plastic pavement marking film with a pressure sensitive adhesive capable of being affixed to asphaltic concrete and portland cement concrete pavement surfaces without the use of heat, solvents, and other additional adhesives or activators. Use an adhesive that exhibits excellent sheer characteristics and minimal tensile characteristics. Ensure that the adhesive does not require a protective liner when the preformed plastic pavement marking film is in rolled form for shipment. Ensure that the adhesive is capable of temporarily bonding to the roadway pavement at temperatures of 50 °F [10 °C] and the above without pick -up distortion by vehicular traffic. (3) Pigmentation: Thoroughly blend color pigments to provide a plastic marking film that maintains uniform color under daylight and night lighting conditions throughout the expected life of the film. White pavement marking film shall meet Federal Standard Color No. 595 - 17886. Yellow pavement marking film shall be similar to Federal Standard Color No. 595- 13538. (4) Glass Beads: Use colorless glass beads with a minimum refraction index of 1.50 when tested using the liquid oil immersion method. Use size and quantity of beads that will maintain the retro- reflectivity of the preformed plastic film as the film wears through the surface course. Firmly adhere approximately 2% by weight of glass beads to the top of the preformed plastic film. Beads should not be easily removed when film surface is scratched firmly with a thumbnail. (5) Application Requirements: Apply removable Pavement Marking Film (Tape) with a mechanical applicator to provide pavement lines that are neat, accurate and uniform. Equip the mechanical applicator with a film cut -off device and with measuring devices that automatically and accumulatively measure the length of each line placed within an accuracy tolerance of ±2 %. Roll or tamp pavement marking films (tape) to facilitate adhesion to the road surface. Tape may be placed by hand on short sections 500 feet [150 m] or less if it is done in a neat accurate manner. (6) Removability: Provide preformed plastic pavement marking film capable of being removed from bituminous concrete and portland cement concrete pavement intact or in substantially large strips, either manually or by a mechanical roll -up device, at temperatures above 40 °F [4 °C], without the use of heat, solvents, grinding or blasting. Ensure that the manufacturer shows documented reports that the retro- reflective preformed plastic pavement marking film meets this requirement after being in place for a minimum of 90 days and under an average daily traffic count per lane of at least 9,000 vehicles per day. 102 - 3.3.2.4 Work Zone Raised Pavement Markers: Work Zone Raised Pavement Markers (WZRPM's) are RPM's intended for use in work zones as an alternate to other line markings. Use tape or paint in all transition areas in addition to the RPM's. WZRPM's shall be referred to as class "D" or class "E" Markers. Apply all markers in accordance with Roadway and Traffic Design Standards, Index No. 600. Class A, B, and flexible E markers may be used in lieu of Class D Markers. Class E Markers will only be allowed for use in areas for five continuous days or less. J -SP -16 2 -26 -a2 16B7';g Use colorless reflectors to replace white lines and amber reflectors to replace yellow lines. Space markers at 30 inch [750 mm] centers for lane lines and 5 foot [1.5 m] centers for edgelines. To provide contrast, place five black Work Zone Raised Pavement Markers (WZRPM's) immediately after the five colorless reflective markers on asphalt pavement five years or older and all concrete pavement. Black Work Zone Raised Pavement Markers (WZRPM's) will not be required with amber markers. Ensure that Work Zone Raised Pavement Markers (WZRPM's),are certified as meeting the following except for Class E markers as noted below: (1) Composition: Use markers made of plastic, ceramic or other durable materials. Markers with studs or mechanical attachments will not be allowed. (2) Dimensions: Marker minimum and maximum surface dimensions is based on an x and y axis where the y dimension is the axis parallel to the centerline and the x axis is 90 degrees to y. Class E markers shall be 4 inch [100 mm] (W) by 2 inch [50 mm] (H) by 1 inch [25 mm] (D). The x and y dimension of Class D markers shall be a maximum of 5 inches [125 mm]. The x dimension shall be a minimum of 4 inches [100 mm] and the minimum y dimension will be 2.25 inches [57 mm]. Ensure that the maximum installed height of Class D markers is 1 inch [25 mm]. Ensure that the maximum installed height of Class E markers is 2 inches [50 mm]. Use Class D markers having a minimum reflective face surface of 0.35 in [225 mm2]. Use Class E markers having a minimum reflective surface area of 1 in [645 mm']. Ensure that after installation, the marker's reflective face is completely visible and above the pavement surface measured from a line even with the pavement perpendicular to the face of the marker. (3) Optical Performance: Ensure that the specific intensity of each white reflecting surface at 0.2 degrees observation angle is at least the following when the incident light is parallel to the base of the marker: Horizontal Entrance Angle Specific Intensity 0 degrees 3 20 degrees 1.2 For yellow reflectors, the specific intensity shall be 60% of the value for white. For red reflectors, the specific intensity shall be 25% of the value for white. Reflectivity of all (WZRPM's) shall not be less than 1.0 Specific Intensity (SI) any time after installation. (4) Strength requirements: Markers shall support a load of 5,000 pounds [20 kN]. Three markers per lot or shipment will be randomly selected for a test. Position the marker base down between the flat parallel platens of a compression testing machine. Place on top of the marker a flat piece of 65 durometer rubber 6 by 6 by 0.375 inch [150 by 150 by 9.5 mm] centered on the marker. Apply the compressive load through the rubber to the top of the marker at a rate of 0.2 in/s [0.085 mm/s]. Either cracking or significant deformation of the marker at any load less than 5,000 pounds [20 kN] will constitute failure. (5) Adhesion: Use bituminous or other adhesive materials recommended by the marker manufacturer for bonding the markers to the pavement. The adhesive used shall be one of the products included on the Qualified Products List J -SP -17 2 -26 -02 16B7 4 (6) Removability: Ensure that the pavement marker is removable from asphalt pavement and portland cement concrete pavement intact or in substantially large pieces, either manually or by mechanical devices at temperatures above 40 °F [4 °C], and without the use of heat, grinding or blasting. (7) Replacement Requirements: Replace markers any time after installation when more than two markers in a skip, or more than three consecutive markers on an edgeline are missing at no expense to the Department. Replace all failed markers in a timely manner as directed by the Engineer. 102 -3.3.3 Certification: Furnish the Engineer certified test reports showing the work zone pavement marking material and adhesive supplied meets the applicable specification. Each certification shall cover only one type. Due to the wide range of application of the products within some types, the certification shall state that the product is recommended for that specific project location, and specific use. 102 -3.3.4 Compensation: The cost of (WZRPM's), temporary painted pavement markings and Removable Tape shall be included in the price bid for Payment Item 102 -1, Maintenance of Traffic 46. BASIS OF PAYMENT ARTICLE 102 -8 (Page 115) is expanded by the following new Subarticles: 102 -8.6 Concrete Barrier Wall (Temporary) (With or Without Glare Screen). Furnish a temporary concrete barrier wall as detailed on Roadway and Traffic Design Standards, Index No. 415, except space the Type C Steady -Burn lights on 50 foot [15 m] centers for transitions, 100 foot [30 m] centers for curves and 200 foot [60 m] centers for tangents. When called for, temporary glare screens shall be in accordance with 102 -3.4. Furnish the barrier wall and glare screen and take ownership upon completion of the project. When the plans indicate the availability of a Department owned barrier, the Contractor may use it in lieu of furnishing Contractor owned barrier wall. Furnish the necessary bolts and plate assemblies. Upon completion of the project, return the Department owned wall to the original stockpile unless otherwise specified in the plans. The Contract unit price for Concrete Barrier Wall (Temporary) will be full compensation for furnishing, installing, maintaining, and removing the concrete barrier. When called for, the Contract unit price for Concrete Barrier Wall (Temporary) (Relocate) will be full compensation for relocating the concrete barrier. The quantity to be paid for will be determined by the number of precast sections times the nominal length of each section. The Contract unit price for Type C Steady Burn Lights will be full compensation for furnishing, installing and maintaining the warning lights. Payment will not be made for lights that are improperly placed or are not working. Payment will be made under: Item No. 102- 70- Concrete Barrier Wall (Temporary) - per foot. Item No. 2102- 70- Concrete Barrier Wall (Temporary) - per meter. Item No. 102- 79- Lights, Temporary, Barrier Wall Mount - per each per day. Item No. 2102- 79- Lights, Temporary, Barrier Wall Mount - per each per day. J -SP -18 2 -26 -02 102 -8.7 Variable Message Sign. 16B7 The number of Variable Message Signs in place on the project, as authorized by the Engineer, on any calendar day or portion thereof within the original Contract Time including any approved extensions, will be paid for at the Contract unit price for Variable Message Signs. Each Variable Message Sign shall have a matrix of electrostatic elements, a portable, plug -in keyboard and a power generator system. Each Variable Message Sign shall be permanently mounted on a - towable trailer. This item will remain the property of the Contractor upon completion of the project. Payment will be made only for Variable Message Signs that either have been certified or one for which a temporary permit has been issued by the Department. In either case, the Variable Message Signs must have been properly maintained since its approval by the Department. Price and payment will constitute full compensation for furnishing, installing, operating, relocating, maintaining and removing Variable Message Signs. Payment will be made under: Item No. 102- 99- Variable Message Sign (Temporary) - per each per day. Item No. 2102- 99- Variable Message Sign (Temporary) - per each per -. day. 47. MAINTENANCE OF EROSION CONTROL FEATURES. SUBARTICLE 104 -7.1 (Page 123) is expanded by the following: Inspect all erosion control features at least once every seven calendar days and within 24 hours of the end of a storm of 0.25 inches [6 mm] or greater. Maintain all erosion control features as required in the Stormwater Pollution Prevention Plan and as specified in State - and/or Federal environmental regulatory permits. Use the inspection form provided by the Engineer to report all inspection findings and to document all corrective actions taken as a result of the inspection. Sign each inspection report and submit it weekly to the Engineer. 48. METHOD OF MEASUREMENT AND BASIS OF PAYMENT ARTICLES 331 -6 (Page 278) and 331 -7 (Page 279) are deleted and the following substituted: 331 -6 Method of Measurement -` The quantity to be paid for will be the area in square yards of pavement installed in accordance with the plans. The area of pavement to be paid for shall be plan quantity subject to - the provisions of 9 -3.2, omitting any areas not allowed for payment under the provisions of 330- 15. The price bid for the asphalt mix will include the cost of liquid asphalt or the asphalt recycling agent. There will be no separate payment or unit price adjustment for the bituminous material in the asphalt mix. 331 -7 Basis of Payment Price and payment will be full compensation for all the work specified under this section, including the applicable requirements of Sections 320 and 330. - Payment will be made under: J -SP -19 2 -26 -02 Item No. 331 -72 - Type S Asphaltic Concrete - per square yard. 49. STRUCTURAL STEEL AND MISCELLANEOUS METALS - ALUMINUM P A n W(-Tq SUBARTICLE 460 -38.8 (Page 619) is deleted and the following substituted: 460 -38.8 Aluminum Railings: The quantity to be paid for will be the plan quantity, in feet [meters], of Aluminum Railings installed in accordance with the plans. The quantity shall be considered full compensation for all incidental materials, including anchor bolts, nuts, washers and resilient pads. 50. DIRECTIONAL BORE. The following new Section is added after Section 550. SECTION 555 DIRECTIONAL BORE 555 -1 Description. Perform Directional Bore of pipes or casings in accordance with the State of Florida Department of Transportation Utility Accommodation Manual, dated June 1993, referred to as Document No. 710- 020 - 001 -C. This information may be viewed on the Department's web site at http://www.dot.state.fl.us/rddesign/utilities/files/93spec.pdf. 555 -2 General Requirements. A Department Inspector must be on the job site for all Directional Bores crossing a State Highway. 555 -3 Method of Measurement. The length of Directional Bore to be paid for will be the actual number of feet [meters] of the crossing, measured along the centerline of the pipe or casing. No additional payment will be made for the extra length of pipe or casing which extends beyond the ground slope. 555 -4 Basis of Payment. When a separate pay item is listed in the plans, the Contract unit price per foot [meter] for Directional Bore will be full compensation for the installation of pipe or casing, as specified in this Section. Payment for pipe or casing materials will be included under the item which is to be installed by Directional Bore. When a separate pay item is not listed in the plans, all work specified in this Section will be included for payment under the item to which it is incidental. Payment will be made under: Item No. 555 -1- Directional Bore - per foot. Item No. 2555 -1- Directional Bore - per meter. 51. INTERNALLY ILLUMINATED SIGNS. J -SP -20 2 -26 -02 N ^, P ub7 AGE 757. The followin g new Section is added after Section 690. SECTION 699 INTERNALLY ILLUMINATED SIGNS 699 -1 Description. The work in this Section consists of furnishing and installing an Internally Illuminated - Street Name Sign in accordance with the details specified in the Contract Documents. 699 -2 Materials. 699 -2.1 General: Use internally illuminated street name sign assemblies and associated mounting hardware meeting the requirements of the Minimum Specifications for Traffic Control Signal Devices (MSTCSD) and listed on the Department's Approved Product List (APL). Ensure all internally illuminated street name signs are marked in accordance with Section 603 and the markings are visible after installation. Replace any component which the Engineer determines is damaged beyond repair at no additional cost to the Department. 699 -2.2 Hardware: Meet the requirements of 603 -2.4. _. 699 -2.3 Clamp -On Cantilever Arm: Use only clamp -on cantilever arms which meet all design and wind loading requirements as specified in the Contract Documents. Ensure the clamp is adjustable to accommodate various size poles. 699 -3 Submittal Requirements. 699 -3.1 General: Free - swinging, internally illuminated signs and clamp -on cantilever - arms mounted on the upright poles of mast arm assemblies or monotube signal structures may be accepted either by certification or by shop drawing submittal and approval as stipulated in this Section. - 699 -3.2 Acceptance of signs by Certification: Meet all of the following requirements: 1. Section 699 -2, 2. Are not more than 12.0 sq. ft. [1.12.sq. meters] in area, and 3. Weigh no more than 751bs. [34 kg]. 699 -3.3 Acceptance of signs by Shop Drawing Approval: Submit Shop Drawing in accordance with Section 5, for internally illuminated street name signs not meeting all of the requirements of 699 -3.2. 699 -3.4 Acceptance of Clamp -On Cantilever Arms: For Cantilever arms supporting signs meeting the requirements of 699 -3.2, certify to the Engineer that the arm meets the criteria in this Section. For Cantilever Arms supporting signs which do not meet the requirements of 699 -3.2, submit shop drawings and design calculations for the arm design in accordance with Section 5. 699 -4 Installation. 699 -4.1 General: Secure the brackets to the street name sign housing in accordance with the manufacturers instructions. 699 -4.2 Single Sided Sign Assembly: Install as specified in the Contract Documents. 699 -4.3 Double Sided Sign Assembly: Use a free swinging mounting method. 699 -4.3.1 Two Point Support Assembly: Use a two point support assembly when the street name sign assembly is attached to a mast arm that is perpendicular to the street on which the sign is viewed. - Use a two point mast arm mounting assembly consisting of the following: J -SP -21 2 -26 -02 1. Stainless steel band or cable type clamp, 16B7 2. Clevis, 3. Span wire adapter, 4. Tri-stud hanger body. Ensure one of the hangers has a mechanism for the horizontal adjustment of the sign. 699 -4.3.2 One Point Support Assembly: Use a one point support assembly consisting of an articulated horizontal stainless steel band or cable type mast arm clamp, sign bracket and mounting hardware, when the street name sign assembly is attached to a mast arm that is diagonal to the street on which the sign is viewed. Do not use a one point support assembly for internally illuminated street name sign assemblies exceeding 4 feet [1.22 m] in width. Ensure the band or cable clamp is capable of horizontal rotation of 360 degrees. 699 -4.4 Clamp -On Cantilever Arm: Attach the arm perpendicular to the street on which the street name sign assembly is viewed. Use a clamp and arm that are galvanized in accordance with ASTM A 123 [ASTM A 123M] unless otherwise specified in the Contract Documents. Ensure the arm has a cap secured in place. 699 -4.5 Electrical Wiring: Install dedicated 14 AWG conductors to supply power to the sign. Connect the conductors to a dedicated 15 amp circuit breaker located either inside the controller cabinet or inside the electrical service disconnect. Using the same conduit system for both signal cables and internally illuminated sign conductors is permitted, unless otherwise specified. Install conductors in such a manner as to prevent damage to conductors or conductor insulation. Remove and replace all damaged conductors /insulation at no additional cost to the Department. Ensure drilled hole(s) through which conductor(s) pass through are fitted with a tight fitting rubber grommet. Install continuous lengths of conductors between the dedicated circuit breaker and internally illuminated street name signs. Do not splice conductors unless specified in the Contract Documents. Provide one photoelectric cell to turn on/off all internally illuminated street name sign at each intersection. Use an `L' bracket to mount the photoelectric cell as specified in the Contract Documents. Connect the photoelectric cell to a contactor assembly inside the controller cabinet to provide switching of the internally illuminated street name signs. 699 -5 Method of Measurement. 699 -5.1 General: Measurement for payment will be in accordance with the following tasks. 699 -5.2 Furnish and Install: The Contract unit price each for Internally Illuminated Street Name Sign, furnished and installed, includes the Internally Illuminated Street Name Sign and Clamp -On Cantilever Arm as specified in the Contract Documents, all support and hanger hardware, photoelectric cell, relay assembly, field wiring to both the sign assembly, photoelectric cell, all miscellaneous materials, and labor necessary for a complete and accepted installation. 699 -5.3 Furnish: The Contract unit price each for Internally Illuminated Street Name Sign, furnished, includes the Internally Illuminated Street Name Sign, and Clamp -On Cantilever Arm, and materials as specified in the Contract Documents, plus all shipping and handling costs involved in the delivery as specified in the Contract Documents. J -SP -22 2 -26 -02 . 7 41: 699 -5.4 Install: The Contract unit price each for Internally Illuminated Street Name Sign, installed, includes all miscellaneous materials and labor necessary for a complete and accepted installation as specified in the Contract Documents. The Engineer will supply the Internally Illuminated Street Name Sign and Clamp -On Cantilever Arm, as specified in the Contract Documents. 699 -6 Basis of Payment. Price and payment will be full compensation for all work specified in this Section. Payment will be made under: Item No. 699 -1 -1 Internally Illuminated Street Name Sign - each. Item No. 2699 -1 Internally Illuminated Street Name Sign - each. -' 52. HIGHWAY SIGNING - STENCILING. SUBARTICLE 700 -5.5 (Page 765) is deleted and the following substituted: 700 -5.5 Stenciling: For permanent roadway signs, mark the back of all finished _. panels at the bottom edge with "CCTD ", the date of fabrication, the date of installation, and the fabricator's initials. For construction signs, mark the back of all finished panels at the bottom edge with the date of fabrication and the fabricator's initials. Make the markings unobtrusive, but legible enough to be easily read by an observer on the ground when the sign is in its final position. Apply the markings in a manner that is at least as durable as the sign face. 53. THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS - APPLICATION ARTICLE 711 -4: The following is added to subarticle 711 -4.1: "Placing of permanent thermoplastic pavement striping and markings on all final asphaltic concrete surfaces shall not be accomplished prior to 30 calendar days after placement of - the final asphaltic concrete surface. Temporary pavement striping and marking is required during the 30 day period if the road is open to traffic." 54. THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS - BASIS OF PAYMENT ARTICLE 711 -8: Add the following after the word "...including," in the first sentence in this article: "temporary pavement striping and markings during the 30 day period," J -SP -23 2 -26 -02 1647 4 LAKELAND AVENUE COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT EXHIBIT J STANDARD TECHNICAL SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION TABLE OF CONTENTS PART (1) EXCAVATION AND PIPE LAYING PART (2) WATER MATERIALS PART (3) SEWER SYSTEM MATERIALS PART (4) GENERAL MATERIAL SPECIFICATIONS FOR INSTALLATION OF PIPELINES PART (5) EROSION AND SEDIMENTATION CONTROL PART (6) RESTORATION PART (7) GENERAL PART (8) MEASUREMENT AND PAYMENT PAGES Jl - 1 through 14 J2 - 1 through 11 J3 - 1 through 11 J4 - 1 through 9 J5 - 1 through 3 J6 - 1 through 10 J7 - 1 through 13 J8 — I through 2 2 -26 -03 EXHIBIT J PART (1) - TECHNICAL SPECIFICATIONS - EXCAVATION AND PIPE LAYING 1. Terminology Figure 1 shows a trench cross - section which identifies the meaning and limits of terminology used in this specification for the terms foundation, bedding, haunching, initial backfill, pipe embedment and pipe zone and is not intended to specify the shape of the trench. Figure F -1 2. Responsibility for Materials 2.1 Pipe Storage and Handling 2.1.1 The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. Satisfactory protection from damage shall be provided. 2.1.2 All pipe, fittings and accessories shall be loaded and unloaded in such manner as to avoid shock or damage. Under no circumstances shall such material be dropped. Pipe shall not be skidded or rolled against pipe already on the ground. 3. Clearing and Grubbing 3.1 Clearing and Disposition of Materials 3.1.1 Where clearing and grubbing are necessary, the Contractor shall clear and grub the entire width of the right -of -way or easement except as may be noted in the Contract Documents or designated by the County. WS- CA41 -1 2 -26 -02 3.1.2 Any standing timber of merchantable (saleable) quality shall be cut in merchantable lengths and neatly stacked along the right -of -way for removal to a mill. Any credit for this timber shall accrue to the Contractor. 3.1.3 Disposition of Brush, Limbs, Stumps, Roots and Unmerchantable Timber: All items other than merchantable timber shall be disposed of by the Contractor. Placing of this material on the adjacent property will not be permitted except by permission of the adjacent property owner in writing. This written permission shall be given to the Project Manager by the Contractor prior to disposing of material in these areas. 4. Excavation 4.1 Excavation General 4.1.1 The excavation for all work included in this project is included in the cost per unit of work installed, unless otherwise stated herein, and the unit price for work includes all excavation and grading in whatever nature of material may be encountered. No additional allowance to the unit price bid by the Contractor for the project or any part thereof will be allowed on any claim for extra compensation because of excavation and/or grading being of a nature different from that contemplated by Contractor. The Contractor is charged with the responsibility of actually investigating and examining the site of the project before preparing his Bid and satisfying himself in this respect. 4.2 Pavement Cutting 4.2.1 Prior to trenching, pavement shall be cut or scored to straight edges, six inches (6 ") outside each edge of the proposed trench to avoid unnecessary damage to the remainder of the pavement. Edges of the existing pavement shall be recut and trimmed to square, straight edges after the pipe system has been installed and prior to placement of the new base and pavement. 4.3 Excavation and Preparation of Trench 4.3.1 The trench shall be dug so that the pipe can be laid to the alignment and depth required. The trench shall be braced and drained in such a manner that the work may be performed in a safe and efficient manner. WS- CA41 -2 2 -26 -02 F- 4.3.2 The trench width shall be ample to permit the pipe to be laid and jointed properly. The minimum width of the trench shall be at least three feet, six inches (3' -6 ") or eight inches (8 ") greater than the largest outside diameter of the pipe or bell, whichever is greater. 4.4 Trench Bottom 4.4.1 The soil surface at the trench bottom shall be free of any protrusions which may cause point loading on any portion of the pipe or bell, and shall provide a firm, stable and uniform support for the pipe. 4.4.2 Over Excavation: During the course of construction, should the Contractor over excavate the trench more than six inches (6 ") (150 mm) below the bottom of the pipe, but less than twelve inches (12 ") (300 mm) below the bottom of the pipe, the Contractor shall fill that area of over excavation with acceptable USCS Class I, II or III (see Exhibit J, Part (4) Section 3 for definitions) embedment material and compact to a density approximately equal to the native soil. The Contractor shall fill any area of over excavation more than twelve inches (12 ") (300 mm) below the bottom of the pipe with USCS Class I material in the same manner as required for foundation bedding. 4.4.3 Ledge rock, hard pan, cobbles, boulders or stones larger than one and one half inches (1' /2 ") (40 mm) shall be removed from the trench bottom to permit a minimum bedding thickness of six inches (6 ") (150 mm) under pipe. 4.4.4 Foundation Bedding: Class I bedding, to a depth specified by the Project Manager, shall be required as a foundation in wet, yielding or mucky locations. Foundation bedding shall be constructed by removal of the wet, yielding or mucky material and replaced with sufficient Class I material to correct the instability. Foundation bedding, if necessary, will be paid for per ton of material used except cases where the instability is caused by negligence of the Contractor. 4.4.5 In stable trenches, trench bottom may be either native undisturbed soils of USCS Class II, III, or IV, or thoroughly compacted USCS Class I, II, or III material from three inches (3") to six inches (6 ") depth to provide a stable, continuous support for the pipe system. In USCS Class V soil areas, foundation bedding is required. All foundation bedding shall be USCS Class I material. In no case shall pipe be bedded on solid rock. WS- CA -J1 -3 2 -26 -02 16Q7 " 5. Pipe Handling 5.1 Placing Pipe Material into Trench 5.1.1 Proper implements, tools and facilities satisfactory to the Project Manager shall be provided and used for the safe and convenient prosecution of the work. All pipes, fittings, valves and hydrants shall be carefully lowered into the trench piece -by- piece by means of a derrick, ropes or other suitable tools or equipment, in such a manner as to prevent damage to materials and protective coatings and linings. Under no circumstances shall pipe or other pipe materials or appurtenances be dropped or dumped into the trench. 5.1.2 Before each length of pipe is lowered into the trench, it shall be thoroughly inspected for structural soundness and cleanliness. Each length of pipe shall be lowered separately. 5.1.3 No length of pipe, which is known to be defective, shall be laid or placed in the trench. Defective pipe or fittings shall be conspicuously tagged, removed and replaced with satisfactory pipe or fittings without additional charge. 6. Laying and Joining Pipe and Fittings 6.1 General Procedure 6.1.1 Before being set in place, each component of piping shall be inspected for damage and cleaned. Damaged components shall be rejected. Pipe bells shall be laid on the upstream end. Sewer laying shall commence at the lowest elevation and shall terminate only at manholes on a gravity system, or service branches or clean outs on sewer services. Trenches shall be dewatered, as necessary. Potable water lines shall not be laid under water. Whenever pipe laying is interrupted, including lunch time, the end of the pipe shall be temporarily plugged to prevent the entrance of water, mud, animals or other foreign matter, and the pipe shall be secured to prevent its being dislodged. 6.2 Location and Alignment 6.2.1 Pipe and fittings shall be embedded in the trench with the bell end dug by hand and the invert conforming to the required elevations, slopes and alignment, and with the pipe bottom uniformly and continuously supported by a firm bedding and foundation. W S -CA -J 1 -4 2 -26 -02 . 6 B 7 6.2.2 Curved Alignment: In special cases where curved alignment is required on _r pressure lines, the deflection of alignment at a joint shall not exceed the appropriate permissible deflection as specified in the following table. These values indicate the maximum permissible deflection for eighteen -foot (18') lengths as noted. Gravity systems shall contain no deflections. Any deflection greater than the allowable deflection shall be made with appropriate fittings. TABLE F.1 - Pipe Deflection Allowances - Polyvinyl Chloride (PVC) Pipe Maximum Permissible Deflection, Inches Size of Pipe, Inches Push- On-Joints, Inches 4 23 6 16 g 12 10 9 - 12 8 WS- CA41 -5 2 -26 -02 TABLE F.2 1687111 Pipe Defection Allowances - Ductile Iron (DI) Pipe Maximum Size of Joint Deflection Deflection in Inches Pipe In Degrees 18ft.Len tg_h 4 5 19 6 5 19 8 5 19 10 5 19 12 5 19 14 4 15 16 4 15 18 3 11 20 3 11 24 3 11 30 3 11 36 3 11 42 3 12* 48 3 12* 54 3 12* *20 -foot Length 6.3 Joining Pipe and Fittings 6.3.1 All joints shall be assembled in accordance with recommendations of the pipe manufacturer. 6.3.2 All joints shall be thoroughly cleaned prior to assembly and suitable lubricants shall be used. Lubricant for push on joints shall be soap solution, per AWWA C600, 96.3, and shall be supplied by the pipe manufacturer. No other lubricant shall be used. As each length of pipe is joined, the spigot end shall be centered in the bell, the pipe forced fully home and brought to correct line and grade. Pipe shall be secured in accordance with the embedment procedures outlined herein. 6.3.3 If unusual joining resistance is encountered or if the insertion mark does not reach the flush position, disassemble the joint, inspect for damage, reclean the joint components and repeat the assembly steps. Note that bells of pipe fittings may permit less insertion depth than pipe bells. (Note: The bar and block method is recommended as a workman is able to feel the amount of force being used and whether the joint goes together smoothly.) WS- CA41 -6 2 -26 -02 6.4 The Backhoe Method of Assembly 16071 ,;� ; 6.4.1 A backhoe may be used to assemble pipe of intermediate and larger sizes. The plain end of the pipe should be carefully guided by hand into the bell of the previously assembled pipe. The bucket of the backhoe may then be used to push the pipe until fully seated via a pipe sling only! Direct contact between the backhoe bucket and pipe shall not be permitted. 6.5 Field Cut Pipe Figure F -2 6.5.1 For shorter than standard pipe lengths, field cuts may be made with either hand or mechanical saws or plastic pipe cutters. Ends shall be saw cut square and perpendicular to the pipe axis, not burned. When pipe is cut in the field, the cut end shall be conditioned so that it can be used to make up the next joint as shown in Figure F -2. The outside of the cut end should be beveled about one quarter inch (' /a ") at an angle of about thirty degrees (30 °). This shall be quite easily done with a coarse file or a portable grinder. The contractor shall remove any sharp, rough edges which otherwise might injure the gasket. 6.6 Voids Beneath Bell for Elastomeric Seal Joints 6.6.1 The void beneath the bell on push joint pipe, to allow for connection to succeeding pipe, shall be no larger than necessary to accomplish proper joint - assembly. When the joint has been made, the void under the bell and pipe shall be filled with proper bedding or haunching material and compacted to provide adequate support to the pipe throughout its entire length. W S -CA -J 1 -7 2 -26 -02 = � u 6.7 Joining Mechanical -Joint Pipe 6.7.1 Variations in Dimensions: The outside diameter of the spigot end of pipe varies with the type, size and class of pipe. There is only one rubber gasket size for each diameter of pipe. When connecting existing lines to mechanical joint or rubber gasket pipe the proper gaskets and fittings shall be used. 6.7.2 Cleaning and Assembling Joint: The last eight inches (8 ") outside of the spigot and inside of the bell of mechanical joint pipe shall be thoroughly cleaned to remove oil, grit, tar (other than standard coating), and other foreign matter from the joint. The gland shall then be slipped on the spigot end of the pipe with the extension of the gland toward the socket or bell end. The rubber gasket shall be placed on the spigot end with thick edge toward the gland. 6.7.3 Bolting of Joint: The entire section of the pipe shall be pushed forward to seat the spigot end in the bell. The gasket shall then be pressed into place within the bell, being careful to have the gasket evenly located around the entire joint. The gland shall be moved along the pipe into position for bolting, all of the bolts inserted, and the nuts screwed up tightly with the fingers. All nuts shall be tightened with a suitable (preferably torque - limiting) wrench. The torque for various sizes of bolts shall be as shown in Table F.3. Nuts spaced one hundred eighty degrees (180 °) apart shall be tightened alternately in order to produce an equal pressure on all parts of the gland. Table F.3 Bolt Size Torque Inches t.lbs 5/8 40-60 3/4 60-90 70-100 1 '/4 90-120 7. Haunching 7.1 Haunching of pipe from the invert to the springline shall be by hand placement of USCS Class I, II, or III material to ensure that the material is worked under the haunch. Where bedding was constructed of USCS Class I material, the same shall be used for haunching. All material shall be properly compacted. WS- CA41 -8 2 -26 -02 Z6R7wA 8. Initial Backfill 8.1 Initial backfill shall extend from the springline to a minimum of one foot (F) above the top of the pipe. Placement of initial backfill may be either by hand or mechanical means. Material for initial backfill may be USCS Class I, II, or III only. 8.1.1 Contractor shall keep the initial backfill free from rocks and clods, which could damage the pipe while the filling operation is being undertaken. The purpose of extending the initial backfill to levels over the top of the pipe shall be to protect the pipe from impact damage resulting from any deleterious objects in the final backfill. Machine compaction of initial backfill directly over the pipe is not desirable unless adequate cover has been provided to protect the pipe. Adequate cover will depend on the type of compaction equipment and shall be as specified by the Project Manager. In no case shall it be less than one foot (F). 9. Final Backfill 9.1 Backfill Material 9.1.1 All backfill material shall be USCS Class I, II, III or acceptable dry, native Class IV materials, and shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks, or stones, or other deleterious material which in the opinion of the Project Manager is unsuitable. 9.1.2 Use of Excavated Material as Backfill: Excavated material may be used provided it conforms to USCS Class I, H, or III specifications except that it may include rocks up to four inches (4 ") in diameter. 9.2 Backfill Placement 9.2.1 Backfilling from the embedment zone to surface grade may be by hand or mechanical placement. In areas subject to traffic, backfill shall be compacted in maximum eight inch (8 ") lifts until ninety eight percent (98 %) of Modified _. proctor density is achieved in each lift. Whenever trenches are in or across driveways, paved areas, or streets, the Contractor shall be responsible for repairing any settlement or other damage which occurs as a result of his work within one (1) year of preliminary acceptance. In areas of open terrain, backfill shall be placed in maximum twelve -inch (12 ") lifts and compacted to achieve a density equal to or greater than the surrounding undisturbed soil. Backfill in lifts of greater thickness may be permitted by the Project Manager if the Contractor can demonstrate by actual test results that the required densities can be and are being achieved. W S -CA-J 1 -9 2 -26 -02 1687 9.3 Compaction 9.3.1 Backfill shall be compacted in accordance with Table FA as a percentage of the maximum density at optimum moisture content as determined by the Standard Proctor Test, ASTM D698. Table FA Area Percent Maximum Dry Density ASTM D698 ASTM D1557 (Mod.) Around and 1'(Min) above top of pipe 100 Remaining Trench 100 Pavement subgrade and shoulders 98 (Last 3' of Fill) Base material and pavement 98 Adjacent to structures 95 (Areas not paved) Under structures 95 Sub -base 98 9.3.2 Tests for density of compaction in addition to those required under Ordinance 82- 91 (Construction Standards for County Right -of -Way) may be made at the option of the Project Manager, and deficiencies shall be corrected by the Contractor without additional cost to the Owner. 10. Installation of Tracer Tape 10.1 All pressure mains shall have a 3" wide identification warning tape installed in the ditch, over the main, twelve inches (12 ") below finished grade. Metallic tracer tape shall also be placed at the end of any stub outs for future connections, including, but not limited to, water branches and tees, and sanitary sewer services where the cleanouts are likely to become buried or destroyed. (See section H2, paragraph 3.6 for tape specs.) W S -CA -J 1 -10 2 -26 -02 11. Dewatering 11.1 All piping shall be laid in a dry trench excavation, unless otherwise approved by the Project Manager. Dewatering system shall be utilized in accordance with good standard practice and must be efficient enough to lower the ground water level in advance of the excavation and maintain it continuously to keep the trench bottom and sides firm and dry. If a sewer system is under construction, it shall not be used as a conduit to remove ground water from the pipe trench. The Contractor shall have on the job, or available for immediate use at all times, dewatering equipment adequate to handle the job for which it is intended. If well points are used sufficient header pipe and well points shall be provided to maintain a dry and workable trench, in advance of any pipe laying. 11.2 Water pumped or drained from the work shall be handled in accordance with current South Florida Water Management District and Collier County Department of Water Management rules, regulations, and procedures, and at a minimum in a suitable manner without damage to adjacent property, to work under construction or to street pavement, 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 settleable solids shall be discharged into storm sewers. - 11.3 Any and all damage caused by dewatering shall be promptly repaired by the Contractor at his expense. All permits required for dewatering operations shall be obtained by the Contractor and a copy filed with the Project Manager, 12. Jack and Bore 12.1 Location 12.1.1 All jack and bores shall be as shown on the drawings, at the depth shown on the drawings, with the appropriate, required casing pipe. All piping through casings shall be restrained. 12.2 Installation 12.2.1 The spiral welded or smooth wall steel pipe encasement shall be a thickness of 0.25 inches minimum, except as noted. This pipe shall be installed by dry boring and jacking. As the dry boring operation progresses, each new section shall be jacked into place. The boring auger shall not be of a greater diameter than the outside diameter of encasement. All voids are to be filled with 1:3 Portland Cement Grout at sufficient pressure to insure that there will be no settlement of the roadway. 12.2.2 If mechanical boring is utilized to place the pipe, the tip of the drill head shall not precede the end of the pipe by more than two inches (2 "). W S- CA41 -11 2 -26 -02 12.2.3 In the event that an obstruction is encountered during the dry boring operation, the auger is to be withdrawn, the excess pipe cut off and capped, and the void is to be completely filled with 1:3 Portland Cement Grout under sufficient pressure before moving to another boring site. 12.2.4 All jack and bore crossings will be a continuous operation at the approved location and depth unless otherwise approved. Any deviation from the above will be sufficient grounds for work stoppage, plugging the line with concrete and replacement of a line at the proper location. 12.2.5 Casing pipe shall have a minimum of thirty inches (30 ") of cover and shall be installed at a depth sufficient to permit the installation of the carrier pipe to the line and grade as shown on the plans. 12.2.6 The boring operation, at all times, shall be conducted in such a manner as not to create a hazard and not to impede the flow of traffic. 12.2.7 Upon completion of the installation of the casing pipe, the line under construction shall be installed. The Contractor shall utilize Cascade Stainless Steel Casing Spacers in conformance with the manufacturer's recommendations. Contractor shall note that upsized casings may be required for PVC push on pipe with EBAA restrained bells. (See table F.5). No extra payment will be made for this upsizing. W S -CA -J 1 -12 2 -26 -02 1687'1 WS- CA -J1 -13 2 -26 -02 TABLE F.5 CASCADE STAINLESS STEEL CASING SPACERS MINIMUM CASING PIPE INSIDE DIAMETER NEEDED FOR RESTRAINED CARRIER PIPE DUCTILE IRON MECHANICAL JOINT WITH MEGALUG RESTRAINT EBAA PRODUCT SIZE DIAMETER MINIMUM CASING I.D. 1104 4" 9.90" 13" -- 1106 6" 12.00" 15" 1108 8" 14.15" 17" 1110 10" 16.20" 19" 1112 12" 18.30" 21.5" 1114 14" 20.94" 23.5" 1116 16" 22.90" 25.5" 1118 1811 25.00" 28" 1120 20" 27.10" 30" 1124 24" 32.64" 35" 1130 30" 38.87" 41" 1136 36" 45.17" 48" 1142 42" 55.57" 58" 1148 48" 61.87" 64" WS- CA -J1 -13 2 -26 -02 7`1 Table F.5 (Cont.) PVC PUSH ON PIPE WITH EBAA RESTRAINED BELLS EBAA PRODUCT SIZE DIAMETER MINIMUM CASING I.D. 1504 4" 10.13" 12.5" 1506 6" 12.63" 15" 1508 8" 15.50" 18" 1510 10" 17.73" 20" 1512 12" 21.25" 24" 11 14H 14" 23.75" 26.5" 11 16H 16" 26.00" 28.5" 1120HV 20" 30.50" 34" 1124HV 24" 35.00" 38" 1130HV 30" 42.88" 45" END WS- CA -J1 -14 2 -26 -02 s 10,14:11 PART (3) - TECHNICAL SPECIFICATIONS - SEWER SYSTEM MATERIALS Pipe Materials 1.1 Ductile Iron Pipe (all sizes for all sewer applications) 1.1.1 Ductile iron pipe shall be of the size and class called for on the drawings. In the absence of a specified class on the drawings, all Ductile iron pipe installed in open, grassed, non - traffic areas shall have a minimum thickness conforming to Pressure Class 150 for gravity sewers and a Pressure Class 250 for force mains, as specified by AWWA Specification C150, latest revision. All mains and lines under traffic surfaces or pavement shall be Class 51 as specified by AWWA Specification C151, latest revision. 1.1.2 All Ductile iron pipe used on the gravity sewer system shall be lined with polyethylene in accordance with ASTM D1248. A 40 mils (0.040 inch) nominal, [35 mils (0.035 inch) minimum] lining of polyethylene shall be furnished. The -- lining shall be a blend of high density and low density polyethylene powders complying with ASTM D 1248 compounded with an inert filler and carbon black to provide resistance to ultraviolet rays during storage above ground. Prior to preheating, seventy five percent (75 %) or more of the high temperature oxide film must be removed through proper preparation of pipe interior surface. Fittings shall be sandblasted. Pipe and fittings shall be uniformly preheated to a - temperature adequate to provide uniform fusing of the polyethylene powders and proper bonding to the pipe and fittings. The lining at the ends shall be hermetically sealed and every pipe and fitting shall be subjected to and pass a 400 - volt wet sponge, or equivalent, spark test. A sample cut from a production pipe shall pass the four (4) hour boil adhesion test as described in ASTM C541. Pipe and fittings shall be U.S. Pipe's POLYLINED pipe and fittings or equal. Pipe and fittings shall have an outside asphaltic coating as specified in AWWA Standard C 151. Each piece of pipe shall bear a marking denoting the class to which it belongs. Ductile iron pipe and fittings, for force mains eight (8) inches in diameter and smaller, shall be interior coated with a 12 mil thickness of coal tar epoxy coating. Pipe and fittings, for force mains ten (10) inches in diameter and larger, shall be interior coated with either a 20 mil to 40 mil thickness polyethylene as specified above or a 12 mil thickness of coal tar epoxy coating in conformance with ASTM 1248. Pipe and fittings shall have an outside asphaltic coating as specified in AWWA Standard C151. Each piece of pipe shall bear a marking denoting the class to which it belongs. WS- CA43 -1 2 -26 -03 16 6 7'� 1.1.3 Joints for ductile iron force main pipe shall be mechanical or push -on type designed in accordance with AWWA C111. Gasket lubricant for push -on joints shall be as specified by the pipe manufacturer and labeled with the trade name and the pipe manufacturer's name. Other types of lubricant are prohibited. 1.1.4 Where restrained joints are shown on the plans, mechanical joint pipe and fittings shall be used. Unless otherwise noted, the pipe, joints, gaskets, and accessories shall be in accordance with standards, as previously specified for ductile iron pipe in this section. Restrained joints shall be as specified in paragraph 3.2.2 of Exhibit J, Section 2. A working pressure of 350 psi for sizes six inches (6 ") through twenty -four (24 ") and 250 psi for larger sizes shall be required, and shall conform to AWWA C110 or C153. Linings in all fittings shall be that required under section 1.1.2 of Part (3). 1.1.5 The distances shown in Table H.1 shall apply to lengths of pipe in inches feet required to be restrained on each side of the fittings. Tees, crosses, and dead ends shall be considered equivalent to ninety degree (90 °) bends. Tees shall be installed with a thrust block poured opposite of the branch line in addition to the restrained joints. Dead ends shall be installed with a terminus thrust block as shown in Exhibit I, detail 11 of 26. TABLE HA Pipe 90° Bend 45° Bend 221/2° Bend 111 /a° Bend 8" 74 31 15 7 10" 87 36 17 9 12" 100 41 20 10 16" 123 51 24 12 20" 143 59 29 14 24" 162 67 32 16 30" 184 76 37 18 36" 207 86 41 20 1.1.6 Procedure for sealing cut ends and repairing field damaged areas of polyethylene lined pipe and fittings: a) Remove burrs caused by field cutting of ends or handling damage and smooth out edge of polyethylene lining if made rough by field cutting or handling damage. b) Remove oil or lubricant used during field cutting operations. C) Areas of loose lining associated with field cutting operation must be removed and exposed metal cleaned by sanding or scraping. For larger areas, remove loose lining and dirt, then roughen bare pipe surface by scratching or gouging with a small chisel to provide an anchor pattern for WS- CA43 -2 2 -26 -03 the epoxy. It is recommended that t he polyethylene lini lbkt e? I � back by chiseling, cutting, or scraping about one inch (1 ") to two inches (2 ") into well adhered lined area before patching. This ensures that all areas of undercutting (rusting) have been removed. Be sure to roughen an overlap of one inch (1 ") to two inches (2 ") of polyethylene lining in area to be epoxy coated. This roughening should be done with a rough grade emery paper (40 grit), rasp, or small chisel. Avoid honing, buffing, or wire brushing since these tend to make surface to be repaired too smooth for good adhesion. d) With area to be sealed or repaired absolutely clean and suitably roughened, apply a thick coat of a two -part coal tar epoxy such as Madewell 1104 or approved equal. The heavy coat of epoxy must be worked into the scratched surface by brushing. Mixing and application procedure for the epoxy must follow the epoxy manufacturer's detailed instructions. e) It is important that the entire freshly cut, exposed metal surface of the cut pipe be coated. To ensure proper sealing, overlap at least one inch (1") of the roughened polyethylene lining with this two part epoxy system. 1.2 Polyvinyl Chloride (PVC) Pipe (Gravity Lines Only) 1.2.1 PVC pipe shall have integral wall bell and spigot push -on joints and shall meet the requirements of ASTM D3034, Type PSM, SDR 26. All PVC Gravity Sewer Pipe shall be green in color. 1.2.2 Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling, in accordance with ASTM F477 and D2122, latest revision respectively. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. Other types of lubricants are prohibited. Flexible gasketed joints shall be compression type conforming to ASTM D3201. 1.3 Polyvinyl Chloride (PVC) Pipe (Force Mains and Effluent Lines) 1.3.1 Polyvinyl chloride pipe (PVC) shall conform to AWWA C900 or C905 Specification, latest revision. Force mains shall be, minimum Class 100. Force mains with a system pressure greater than 50 psi and all Effluent mains shall be minimum Class 150. Both shall bear the seal of the National Sanitation Foundation (NSF) for the seal of the National Sanitation Foundation (NSF) for potable water pipe. All pipe shall be marked with the manufacturer's name, nominal size, type of plastic and pressure rating. Pipe O.D. shall be equivalent to cast iron pipe of the same nominal size. PVC pipe buried beneath roadways, parking lots or parking lot entrances shall meet AWWA C900 (DR 14) or C905 (DR 18) specifications, for Class 200 pipe. All sanitary sewer force mains shall be green in color. Effluent mains shall be Pantone Purple in color and marked WS- CA43 -3 2 -26 -03 1687' "Effluent" or "Reuse" in acceptable, indelible markings one - hundred and twenty degrees (120 °) apart, running continuously the full length of each section of pipe. Fittings for PVC force mains eight (8) inches in diameter and smaller shall be C900 rated PVC. 1.3.2 Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling, in accordance with ASTM F477 and D2122, latest revision respectively. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. Other types of lubricants are prohibited. 1.3.3 Restrained joints shall be accomplished using Uni -flange series 1300 or series 1350. Restraining clamps shall be epoxy coated steel or ductile iron. Bolts shall be 304 stainless steel or heat - treated ductile iron in conformance with the latest edition of ASTM A536. 2. Manholes 2.1 General Requirements 2.1.1 All manholes shall be constructed of precast, 4000 -psi concrete components, utilizing Type 2 cement, with a minimum wall thickness of eight inches (8 "). All manholes shall be constructed upon a foundation consisting of no less than twelve inches (12 ") of crushed stone. Manhole bases shall be either extended base precast concrete with a minimum dimension across the extended base of seventy - two inches (72 ") (for 4 foot diameter manholes), reinforced concrete with a minimum twenty -eight (28) day compressive strength of 3,000 psi and shall be monolithically poured with the first riser section. 2.1.2 The excavation shall be kept free of water throughout construction and shall NOT be backfilled until inspected. 2.2 Precast Concrete Manholes 2.2.1 All precast concrete manhole components shall meet the requirements of ASTM C478 latest edition with 8" minimum thickness walls. 2.2.2 Components shall be assembled using Ram -Nek, Kent -Seal or other acceptable rubber or bituminous sealing compound, which shall be accurately placed to assure a watertight seal. The form and dimensions of all components are shown in the Standard Details. The first construction joint shall be not less than two feet (2') above the base slab. Joints shall be tongue and groove suitable for flexible gasket. The gasket shall be applied to a clean joint after priming and in accordance with the manufacturer's recommendations. Excess material shall be smoothed flat with a roller. Voids remaining in the joint shall be caulked with anhydrous cement grout on the inside and outside to make a smooth watertight joint seal. WS- CA43 -4 2 -26 -03 2.2.3 The exterior and interior of the manhole shall be protected with two (2) coats of a two - component coal -tar epoxy. The first coat shall be thinned. The second coat shall be a minimum of eight (8) dry mils. The joint into the manhole shall be sealed with Ram -Nek, Kent -Seal or other acceptable product. 2.2.4 Components of the manhole shall be free of fractures, cracks, and undue roughness. Concrete shall be free of defects, which indicate improper mixing or placing, and surface defects such as honeycomb or spalling. Cracks or broken ends due to improper handling will not be acceptable. No lift holes will be allowed except in rise and corbel sections. These holes shall not penetrate the wall and shall be filled with non -shrink grout after installation. 2.3 Manhole Pipe Connections 2.3.1 Precast Manholes: Flexible, "boot type" rubber gaskets in pipe entrances with stainless steel bands shall be precast into the manhole as specified by the manufacturer. However, mortar or concrete shall be required both inside and outside the manhole at the pipe connection to guarantee a watertight seal and to match pipe and precast manhole inverts where necessary. 2.3.2 Doghouse Manholes: Doghouse manholes over existing sanitary sewer pipes are permitted, and in a number of instances, preferred. The concrete base shall be a minimum of eight inches (8 ") thick, with proper reinforcing rods to prevent cracking. This shall be poured upon a twelve -inch (12 ") base of gravel. Precast - manhole rings may be set in the concrete over the existing pipe. Concrete should then be used to form both the bench and to seal the pipe entrances, both inside and especially outside. Once dry, the top of the pipe in the manhole shall be removed. 2.3.3 Connection to Existing Sewers: Where required or shown on the plans, connection to existing sewer shall be made in a manner, which will maintain existing flow on a continuous basis. Where flow cannot be maintained, interruption of service shall be minimized such that no bypass of sanitary sewage to any natural waterway or storm drain occurs nor shall such interruption create a public health hazard by sewage backup or overflow. Connections to existing sewers shall be made at manholes. New lines connecting to existing manholes shall be core bored and sealed with flexible boots and snap -in stainless steel inserts or "Link- Seal ". Connection of sewer pipe shall be a non - shrinking mortar. Existing manholes to which connections are made shall be rehabilitated to the degree necessary to correct any apparent signs of infiltration. Upon completion of the connection to existing sewers, existing lines no longer needed shall be sealed or plugged at the invert to reflect new flow patterns. WS- CA43 -5 2 -26 -03 16B7i1 2.4 Standard Manholes 2.4.1 The standard manhole shall be four feet (4) or more in depth measured from the base of the cover frame to the top of the concrete footing and shall be of the concentric cone type, as shown in the Standard Details. If the manhole is four feet (4') or less in depth, it shall be classified as a "Shallow Manhole" as specified in paragraph 2.5 below. 2.5 Shallow Manholes 2.5.1 The shallow manhole shall be four feet (4') or less in depth measured from the base of the cover frame to the top of the concrete footing and shall be of flat top construction, as shown in the Standard Details. 2.6 Manhole Inverts 2.6.1 Manhole inverts shall be formed from concrete having a minimum twenty -eight (28) day compressive strength of 2500 psi, and as shown in the Standard Details. Inverts for "straight- through" manholes may be formed by laying the pipe straight through the manhole, pouring the concrete invert, and then cutting out the top half of the pipe, provided that 0.1 foot drop is maintained across the manhole. 2.6.2 Curved inverts shall be constructed of concrete, as shown in the Standard Details, and shall form a smooth, even, half pipe section as shown. Precast inverts may be used, however, no large "bowls" shall be permitted in the center of the manhole. To alleviate this problem, the invert shall be grouted to form smooth, uniform inverts as shown in the Standard Details. 0.1 foot drop shall be maintained across the manhole. 3. Manhole Frames and Covers 3.1 Standard Frames and Covers 3.1.1 Manhole castings shall consist of cast -iron frames and solid covers with non - penetrating pick holes and O -ring gaskets. Covers shall be set neatly in the frame, with edges machined for even bearing, and top flush with the edge of the frame, with frames set to proper grade. The O -ring shall be in a dovetail groove with a loose O -ring that is not under tension or compression. Frame and cover shall be traffic bearing type, and shall have the words "Collier County Sanitary Sewer" plainly visible. Manhole frames and covers shall be made of cast iron of superior quality and of even texture. The iron shall possess a tensile strength of not less than 18,000 psi. The combined weight of frame and cover shall be approximately 325 pounds. When used in a paved street, the ring and cover shall be set in suitable mortar flush with finished street grade so as to provide drainage away from the manhole and 2 1 /2" above finished grade in grassed areas. Manhole frames shall be adjusted to finished grade through the use of precast concrete riser WS- CA -J3 -6 2 -26 -03 rings, or where approved by the Project Manager, red clay bricks. At no time will more than one (1) course of brick be utilized in making the adjustment. If adjustment exceeds this limit, then concrete riser rings shall be utilized in conjunction with the brick. Each concrete ring shall be set in a bed of mortar to insure a proper bond and seal between successive concrete rings. 4. Sewer Service Connections 4.1 Materials, Construction 4.1.1 All sewer service connections shall be of SDR 35 PVC as specified in Section 1.2 of Part (3), with elastomeric gaskets on pipe and fittings. 4.1.2 Service lines shall be connected to the sewer mains by means of a PVC wye fitting. The service branch of the wye fitting will be elevated depending on the depth of the sewer and the elevation of the property to be served. Forty -five degree (45 °) bends or other fittings shall be used to connect the service line at the wye branch. Service lines shall be installed at such grades as will adequately serve the properties, minimum 1 % slope. 4.1.3 Service lines shall extend from the sewer to the property line and be plugged. - Plugs shall be plastic with sealer. Service lines shall be six inches (6 ") for single residential properties and six inches (6 ") pipe and larger for commercial, industrial, and multiple residential services. Tracer tape and markers shall be installed at the end of each service or opposite wyes and locations recorded. Service lines will have a minimum of three feet (3') and a maximum of five feet (5) of cover at the property line. Service will be provided to each lot. All laterals shall have a vertical clean out installed at the property line. Clean outs shall extend 24 inches (24 ") above grade and should be capped. After final connection of the lateral to a structure the clean out shall be cut off at grade and capped. 5. Valves and Fittings on Pressure Lines All plug, gate, check and air release valves shall be American made, cast and assembled. 5.1 Gate Valves - 4" through 24" 5.1.1 Valves shall conform to the latest revision of AWWA Standard C509 or C515 covering resilient seated gate valves. 5.1.2 The valves shall be cast iron or ductile iron body with non -rising stem (NRS) opening by turning stem counterclockwise and provided with two inches (2 ") square operating nut with the word "Open" and an "Arrow" cast in the metal to indicate direction to open. Valve nuts shall be no more than 30" underground. _. WS- CA43 -7 2 -26 -03 16 8 711 5.1.3 The wedge shall be of cast iron completely encapsulated with urethane rubber. The urethane sealing rubber shall be permanently bonded to the cast iron wedge to meet ASTM tests for rubber metal bond ASTM D429. 5.1.4 Stems for NRS assemblies shall be cast bronze with integral collars in full compliance with AWWA. OS &Y stems shall be on bronze bar stock. The NRS stem stuffing box shall be the O -ring seal type with two (2) rings located above thrust collar; the two (2) rings shall be replaceable with valve fully open and subjected to full rated working pressure. The design and machining of valves shall be such as to permit the replacement of O- ring(s) without undue leakage while the valves are wide open and in service. 5.1.5 All valves shall have a safe working pressure of 200 psi. 5.1.6 There shall be two (2) low torque thrust bearings located above and below the stem collar. The stem nut shall be independent of the wedge and shall be made of solid bronze. There shall be a smooth unobstructed waterway free of all pockets, cavities and depressions in the seat area. 5.1.7 The body and bonnet shall be coated with fusion bonded epoxy both interior and exterior. Each valve shall have maker's name, pressure rating, and year in which manufactured cast on the body. Prior to shipment from factory, each valve shall be tested by hydrostatic pressure equal to twice the specified working pressure. Valves with prior year manufacture dates shall not be used. 5.1.8 Gate valves shall be American Darling, Clow, U.S. Pipe or Kennedy. 5.2 Air Release Valves 5.2.1 Air release valves shall be of the single housing style that combines the operation features of both an air /vacuum and air release valve. 5.2.2 The air /vacuum valve shall automatically exhaust large quantities of air during the filling of the pipeline and automatically allows air to re -enter the pipeline when the internal pressure of the pipeline approaches a negative value due to column separation, draining of the pipeline or other event. The air release port shall automatically release small pockets of air from the pipeline while the pipeline is in operation and under pressure. 5.2.3 The air release valve shall have a maximum working pressure between 150 and 225 psi, unless otherwise indicated on the drawings, and shall have been tested at the pressure not less than 300 psi. 5.2.4 The materials of construction shall be: Body, cover, and baffle of cast iron; float and all other trim shall be of stainless steel with the exception of Buna -N seat: No plastic parts shall be accepted. WS- CA43 -8 2 -26 -03 o 5.2.5 Air release valves shall be Empire Specialty Company Model 929, Valmatic Model 48SBW or equal for raw sewage and Empire 945 or equal for effluent.. 5.2.6 Two -inch (2 ") NPT inlet and one -half inch (1 /2) outlet shall be provided unless otherwise noted on the drawings. 5.3 Plug Valves 5.3.1 Plug valves shall be used in all lift stations and on all sanitary sewer force mains. 5.3.2 Plug valves shall be manually actuated straight way valves of the non - lubricated, - eccentric type with resilient faced plugs and joint ends to match the pipe. Port areas shall be at least eighty percent (80 %) of the full pipe area. 5.3.3 Bodies shall be semi -steel with raised seats. The face of the seats shall be of nickel or rust- resistant alloy. Upper and lower plug stem bushings shall be of stainless steel and permanently lubricated. Valves shall be of the bolted bonnet design. Packing on valves shall be adjustable and valves designed for recapping without removing bonnet from the valve. Exposed nuts, bolts, springs, and washers shall be zinc plated. Valves shall be suitable for controlling sewage. 5.3.4 All valves in lift stations shall be provided with hand wheel operating nuts, turning counterclockwise to open. Valves on force mains not in lift stations shall be provided with two inch (2 ") inch square bronze operating nuts, with "Open" and an "Arrow" cast thereon and shall be no more than 30" underground. Valves shall be manufactured by DeZurik or approved equal. When making a hot tap to an existing system, use resilient seat gate valves as per AWWA C -509. 5.3.5 All valves shall have a safe working pressure of 200 psi. 5.3.6 Valve exterior shall be painted with red oxide phenolic primer paint. 5.4 Check Valves 5.4.1 All check valve bodies shall be cast iron per ASTM A126 Class B, having integral (not Wafer) flanges. 5.4.2 The seat shall be centrifugally cast bronze with an O -ring seal and be locked in place with stainless steel lock screws and be field replaceable, without the use of special tools. 5.4.3 The shaft shall be single and continuous stainless steel, extending both sides of t he body with a lever and weight, using an air cushion cylinder, side mounted. WS- CA43 -9 2 -26 -03 16B7 4 5.4.4 The air cushion cylinder shall be constructed of corrosion- resistant material and the piston shall be totally enclosed within the cylinder and not open at one end. The air cushion cylinder assembly shall be externally attached to either or both sides of the valve body and will permit adjustability to cushion the closure of the valve. Cushioning shall be by air trapped in the cushion cylinder, which shall be fitted with a one -way adjustable control check valve to cushion disc contact to the seat at the shut -off point. The bottom cylinder head shall be swivel mounted and not rigid to follow the change of force angles as the lever raises or lowers to open or close the check valve. Valve shall prevent backflow on normal pump shut -off or power failure, at zero velocity, and be watertight. 5.4.5 The disc shall be cast iron utilizing a double clevice hinge connected to a Ductile iron disc arm. The disc arm assembly shall be suspended from a stainless steel shaft, which passes through a seal retainer on both sides of the valve body. 5.4.6 Valve exterior shall be painted with Red Oxide Phenolic Primer Paint. Materials shall be certified to the following ASTM specifications: Body, cover, disc Cast Iron ASTM A126, Class B Disc arm Ductile Iron ASTM A536 Seat Aluminum bronze ASTM B 148 or Stainless steel ASTM A276 Disc seat Buna -N or metal Cushion cylinder Corrosion- resistant Commercial material 5.5 Sewer Valve Boxes 5.5.1 Construction of Boxes: Valve boxes shall be cast iron from the valve to finished grade, of the Roadway Extension type of proper length and base size with suitable detachable cover and shall be coated inside and out with asphaltum paint. Valve boxes shall be Dewey Brothers VBX -TE 100 (6 5/16" cover) or approved equal. Valve boxes shall be made of close - grained, gray cast iron in three (3) pieces, as follows: a) The lower of base pieces, which shall be beveled at the bottom to fit around the stuffing -box gland, but must not rest on the valve bonnet or gear disc after installation. WS- CA-J3 -10 2 -26 -03 m 16 8 7 11� b) The upper barrel, which shall be flanged on the lower end and of such size as to telescope over the lower base piece; the upper end being constructed in the form of a socket to receive the valve box cover. C) The valve box cover, which shall have cast on the upper surface in raised letters, the word "sewer ". — 5.5.2 Valve Box Adjustment: All valve boxes shall be set plumb over the valve with the valve nut centered therein. The contractor shall adjust valve boxes to final grade at the time designated by the Project Manager. As shown on the Standard Details, -- the Contractor shall build a reinforced concrete collar 18" x 18" x 6" around the valve box head in pavement, flush to the grade of the top of the box. In unpaved areas, a similar concrete collar shall be poured with the top flush with the — surrounding ground level. No extra payment shall be made for this item. 6. Tracer Tape 6.1 Three inch (3") wide metallized warning tape, color green, marked "Caution - Sewer Line Below" shall be installed in the ditch over the force main pipe and — shall be twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 6.2 Three inch (3") wide metallized warning tape, color orange, marked "Caution — Non- Potable Water Line Below" shall be installed in the ditch over the effluent pipe and twelve inches (12 ") below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. 7. Electronic Markers 7.1 Electronic markers shall be installed in the trench six inches (6 ") above the force main or effluent pipe at all bends or changes in alignment and every 250 feet along the pipe between bends. The markers shall be "Omni Marker" Model 162 as manufactured by Radiodetection Corp. or Scotch Mark Model 1258 as manufactured by 3M Telecom Systems Group or approved equal. I W S- CA43 -11 - 2 -26 -03 N II: 11ji, PART (4) - TECHNICAL SPECIFICATIONS — GENERAL MATERIAL SPECIFICATIONS FOR INSTALLATION OF PIPELINES 1. Concrete and Cement 1.1 Cement 1.1.1 Portland Cement shall be of a standard brand and shall conform to the requirements of ASTM C150- latest edition, except as hereinafter stated. One bag of cement shall be considered as weighing ninety -four (94) pounds. Type I shall be used unless higher cement is specified, in which event Type III shall be used. For Type I, the maximum amount of tricalcium silicate shall be sixty (60) percent. Cement may be shipped either in paper or cloth sacks and the package shall have the brand and name of manufacturer plainly marked on the outside. All cement shall be stored in weatherproof buildings in such a manner as will prevent absorption of moisture by the lower layers. Shipment shall be segregated by lot for identification. Type I cement which has been in storage more than ninety (90) days shall be re- tested before use. Where carload shipments are used, a certificate from an approved testing laboratory shall be submitted prior to use of such cement on the job. 1.2 Fine Aggregate 1.2.1 Composition: Fine aggregate shall consist of natural sand and shall be graded from coarse to fine within the following limits shown on Table I.I. Sand failing to meet the minimum requirement for material passing the Number 50 and/or Number 100 Sieve may be used, provided other satisfactory inorganic fine materials are added. If two sands are used, each must be mixed, after separate weighing, in proportions as set by the Project Manager. TABLE I.1 U.S. Standard Percent of Total by Square Opening Sieve Weight Passing Min. Max. No. 4 97 100 No. 8 80 100 No. 30 25 75 No. 50 10 30 No. 100 2 10 No. 200 (By Washing) 0 4 WS- CA44 -1 2 -26 -03 1687n 1.2.2 Stockpiling: Fine aggregate shall be stored on a well - drained site, which has been cleared, grubbed and cleaned. Stockpiles shall be built up so as to prevent segregation of large and small particles. 1.2.3 Unsuitable Materials in Fine Aggregate: Not more than one percent (1 %) by weight of clay lumps or soft, disintegrated or coated grains shall be present in the fine aggregate. It shall also be free from foreign material such as dirt, wood, paper, burlap, or other unsuitable material. When tested in accordance with AASHTO T- 21 -27, it shall show a color not darker than standard. When tested for mortar strength in accordance with AASHTO T- 71 -38, the fine aggregate shall have a tensile strength at three (3) days (Type III), or at seven (7) days, (Type 1); not less than 95 percent of that developed by mortar having the same water- cement ratio and consistency, made of the same cement and graded Ottawa Sand having a fineness modulus of 2.40, plus or minus 0.05. 1.3 Coarse Aggregate 1.3.1 Composition: Coarse aggregate shall consist of crushed stone. It shall be washed to remove clay, loam and dust. At his discretion, the Project Manager may waive the washing requirement for stone having a loss of not more than thirty per cent (30 %) when tested in accordance with the provisions of AASHTO T- 96 -38. 1.3.2 Unsuitable Material in Coarse Aggregate: The coarse aggregate shall not contain more than the following percentages of deleterious material: Soft Fibrous, Disintegrated Particles (Weight) 3.0% Clay Lump (Weight) .2% Finer Than No. 200 Sieve (Weight) .5% Flat or Elongated Particles (Count) 10.0% When subjected to AASHTO Test T- 96 -38, the aggregate shall have a loss not greater than sixty -five percent (65 %). Aggregate shall be free from loam, wood, leaves, or other foreign material. 1.3.3 Gradation: For unreinforced foundations, for paving or for other unreinforced mass concrete, the gradation of coarse aggregate shall be as shown in Table I.2. For reinforced footings, reinforced walls over 6" in thickness, ordinary floor slabs and similar structures, the gradation shall be as shown on Table I.3. For handrails, reinforced walls, thin reinforced floor slabs electrical conduit encasement, and similar construction, the gradation shall be as shown - on Table 1.4. WS- CA44 -2 2 -26 -03 TABLE I.2 16 B ?,: Passing Percent Square Opening Sieve ieve By Weight 21/2 Inch -100 2 Inch 95-100 1 Inch 35 - 70 1/2 Inch 10- 30 No. 4 0- 5 TABLE I.3 Passing Percent Square Opening Sieve ieve By Weight 11/2 Inch -100 1 Inch 90-100 1/2 Inch 25- 60 No. 4 0- 10 No. 8 0- 5 TABLE I.4 Passing Percent Square Opening Sieve ieve By Weight 1 Inch -100 3/4 Inch 90-100 3/8 Inch 20- 55 No. 4 0- 10 No. 8 0- 5 1.3.4 Stockpiles: Stockpiles shall be constructed in layers not exceeding three feet (3') in height, and material shall be deposited in such manner as to prevent segregation of coarse and fine materials. Each type of aggregate shall be placed in a separate stockpile. Stockpile sites shall be cleared, grubbed and drained before using. WS- CA -74 -3 2 -26 -03 19*1 r 1.4 Water 1.4.1 Water shall be clean and free from salt, oil or organic substances. Laboratory tests shall be made to determine suitability of any water for use in concrete unless it is secured from a public water supply. 1.5 Concrete Classification 1.5.1 Concrete shall contain cement, coarse aggregate, and fine aggregate meeting the Specifications contained in previous paragraphs of this Part. Unless otherwise specified or shown in the plans, the design strength of the several elements included in the plans shall be: a) Four thousand (4,000) pounds minimum compressive strength per square inch at twenty -eight (28) days for all piers, reinforced walls, floors, - slabs, and other special sections where specifically shown on the plans or Standard Details. b) Two thousand five hundred (2,500) pounds minimum compressive strength per square inch at twenty -eight (28) days for all blocking, reinforced footings, for retaining walls not subject to hydrostatic pressure, or where specifically shown on the plans or shown in the Standard Details. 1.6 Concrete Proportioning 1.6.1 Concrete aggregate shall be proportioned by weight. When the sources of supply shall have been determined by the Contractor and approved by the Project Manager, the mix shall be set by an approved testing laboratory. Mix shall be designed for a "slump" suitable for the character of structure in which the concrete is to be incorporated. All concrete shall be as specified above in paragraph 1.5.1. 1.6.2 After a suitable designed mix has been approved by the Project Manager, it shall not be changed so long as materials of the same characteristics are used in the mix. Within the limits of the various cement factors shown above, the mix shall be varied until the homogenous workable mixture, suitable for the class of structure intended, has been obtained. 1.7 Concrete Mixing 1.7.1 Concrete mixing shall be by means of a modern batch mixer equipped with an accurately operating water measuring device and an automatic time locking device. WS- CA-J4 -4 2 -26 -03 1667 1.7.2 Where a central batching plant is not operated, each mixer must have available an approved portable weighing device for use in proportioning. Each batch shall be mixed for one and one -half (11 /z) minutes after charging has been completed, and during such mixing period, that drum shall operate with a peripheral speed of not less than one - hundred and fifty -three (153), nor more than two - hundred and twenty -five (225) feet per minute. The number of revolutions per minute shall be between fourteen (14) and twenty (20). Retempering concrete or use of concrete in which initial set has taken place will not be allowed. Transit mixed concrete from an approved hatching plant and suitable truck mixer may be approved by the Project Manager. 1.8 Forms 1.8.1 Forms for concrete work may be of dressed lumber, plywood, metal or a combination thereof as may be approved by the Project Manager. Where dressed lumber is used, the boards shall be surfaced both sides with tongue and groove edges, and for forms exceeding four feet (4') in height, the thickness of individual boards shall not be less than one and one - quarter (11/4) inches dressed. Forms shall be constructed mortar tight and with sufficient supports, walls and bracing to hold the concrete in line and shape without bulging. 1.8.2 Forms shall be held together by form ties so arranged as to permit the ends of the bolts to be removed to a depth of at least one and one -half (11 /z) inches beneath the surface of the concrete. The cavity, so formed, shall be filled as soon as possible with cement mortar proportioned so as to blend in with color and bond to the remaining portion of the wall. On thin walls not subject to hydrostatic pressure, wiring of forms will be permitted. 1.8.3 Forms for walls, basins, flumes or other exposed structures having straight outlines, shall be erected and set so as to be true in alignment and braced sufficiently to remain in that condition throughout pouring of concrete. Corners and edges shall finish true and plumb, and curved surfaces and edges shall finish true to radius. Concrete of the highest grade and form, only, will be acceptable. 1.8.4 Where forms are to be reused, they shall be cleaned thoroughly after dismantling, coated with form release agent and stored to prevent warping and twisting. WS- CA44 -5 2 -26 -03 1.9 Reinforcing Steel 1.9.1 All steel for reinforcement bars shall be billet steel, open hearth of intermediate grade, having a tensile strength of not less than sixty thousand (60,000) pounds per square inch. For bars under three - fourths inch (3/4 ") in diameter, the bend test requirements shall be that the bar shall be bent cold one hundred and eighty (180) degrees around a pin having a diameter three (3) times that of the bar under test, without evidence of breaking. For bars three -fourth inch (3/4 ") in diameter and over, the bend test requirements shall be that the bar shall be bent cold ninety degrees (90 °) around a pin having a diameter three (3) times the diameter of the bar under test without evidence of cracking. 1.9.2 Bars shall conform in every respect to ASTM Specification A615 latest revision, for billet steel reinforcements, intermediate grade. 1.9.3 Deformed bars must be used. Bars deformed by cold twisting or bars from rerolled stock will not be acceptable, except by special permission of the Project Manager. The Contractor's Bid shall be based on reinforcement steel as specified, not on steel from rerolled stock. 1.9.4 Reinforcement steel bars must be kept in racks off the ground and classified by numbers until used. Bars must be wire brushed clean of mill scales, dirt, etc., before being placed in the forms. Where the epoxy coating is damaged, steel shall be rejected. 1.9.5 Bars for girders may be made up in unit frames. All bars shall be of sufficient length to extend through the full length of slabs and girders, and all joints shall be made over supports and by lapping for a length of at least forty (40) diameters. No welding of bars will be permitted. 1.9.6 The brand of manufacturer shall be legibly rolled on all bars, and when loaded for mill shipment, all bars shall be properly separated and tagged with manufacturer's test identification number. 1.9.7 All steel bars shall be epoxy coated unless otherwise noted. 2. Special Provision for Spiral Welded or Smooth Wall Pipe Encasements 2.1 Casing pipe shall be smooth walled or spiral welded new prime steel conforming to the requirements of ASTM A -139. Size and wall thickness of smooth wall or spiral welded encasement pipe for boring and jacking, unless otherwise specified, is shown on Table I.5. W S- CA44 -6 `"� 2 -26 -03 TABLE I.5 � ��B7 It Pipe Sizes (O.D.) Wall Thickness 12 3/4" .188 16" .250 18" .250 20" .250 24" .250 30" .312 36" .375 48" .432 3. Embedment Materials 3.1 Classification 3.1.1 Embedment materials listed here include a number of processed materials plus the soil types defined according to the Unified Soil Classification System (USCS) in ASTM D2487. These materials are grouped into five (5) broad categories according to their suitability for this application. 3.1.2 Class I: Angular, one - quarter inch ('/4 ") to one and one -half inch (11 /2 ") (6 to 40 mm) graded stone, including a number of fill materials that have regional significance such as coral, slag, cinders, crushed shells and crushed stone. (Note: The size range and resulting high void ratio of Class I material makes it suitable for use to dewater trenches during pipe installation. This permeable characteristic dictates that its use be limited to locations where pipe support will not be lost by migration of fine grained natural material from the trench walls and bottom or migration of other embedment materials into the Class I material. When such migration is possible, the material's minimum size range should be reduced to finer than one - quarter inch (1/4 ") (6 mm) and the gradation properly designed to limit the size of the voids. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration to fines.) 3.1.3 Class H: Coarse sands and gravels with maximum particle size of one and one -half inches (11/2 ") (40 mm), including variously graded sands and gravels containing small percentages of fines, generally granular and non - cohesive, either wet or dry. Soil Types GW, GP, SW and SP are included in this class. (Note: Sands and gravels, which are clean or borderline between clean and with fines, should be included. Coarse- grained soils with less than twelve percent (12 %), but more than five percent (5 %) fines are neglected in ASTM D2487 and the USCS, but should be included. The gradation of Class II material influences its density and pipe support strength when loosely placed. WS- CA44 -7 2 -26 -03 The gradation of Class H material may be critical to the pipe support and stability of the foundation and embedment, if the material is imported and is not native to the trench excavation. A gradation other than well graded, such as uniformly graded or gap graded, may permit loss of support by migration into void spaces of a finer grained natural material from the trench wall and bottom. An alternative to modifying the gradation is to use a geotextile fabric as a barrier to migration of fines.) 3.1.4 Class III: Fine sand and clayey (clay filled) gravels, including fine sands, sand -clay mixtures and gravel -clay mixtures. Soil Types GM, GC, SM and SC are included in this class. 3.1.5 Class IV: Silt, silty clays and clays, including inorganic clays and silts of medium to high plasticity and liquid limits. Soil Types MH, ML, CH and CL are included in this class. (Note: Caution shall be used in the design and selection of the degree and method of compaction for Class IV soils because of the difficulty in properly controlling the moisture content under field conditions. Some Class IV soils with medium to high plasticity and with liquid limits greater than fifty percent (50 %) (CH, MH, CH-M11) exhibit reduced strength when wet and should only be used for bedding, haunching and initial backfill in and locations where the pipe embedment will not be saturated by groundwater, rainfall or exfiltration from the pipe. Class IV soils with low to medium plasticity and with liquid limits lower than fifty percent (50 %) (CL, ML, CL -ML) also require careful consideration in design and installation to control moisture content, but need not be restricted in use to and locations.) 3.1.6 Class V: This class includes the organic soils OL, OH and PT as well as soils containing frozen earth, debris, rocks larger than one and one -half inches (1' /2 ") (40 mm) in diameter and other foreign materials. These materials shall not be used for bedding, haunching or backfill. 4. Roadway Materials 4.1 Limerock for Roadway Base 4.1.1 The limerock base course material shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, Section 911, Miami Oolitic Formation. WS- CA-J4 -8 2 -26 -03 WA on 4.2 Prime Coat 4.2.1 The material used for prime coat shall be cutback asphalt, meeting the requirements of Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, and all supplements thereto. The cover material for the prime coat shall be either sand (either bare or hot - asphalt coated) or screenings at the Contractor's option. The sand shall be nonplastic and free from any appreciable amount of silt, clay balls and root articles and from any noticeable sticks, trash, vegetation or other organic matter. Screenings shall be Miami Oolitic rock screenings meeting the specifications above. 4.3 Tack Coat 4.3.1 The tack coat shall be Emulsified Asphalt, meeting the requirements of Section 300 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, and all supplements thereto. 4.4 Asphaltic Concrete Type S -I or Type II 4.4.1 Except when otherwise directed by the Transportation Department hot bituminous mixtures shall conform with Sections 330, 331, or 332 for Type S -1 or Type II Asphaltic Concrete Surface Course of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. The Contractor shall furnish sufficient proof that the named source of material supply to be used meets Florida Department of Transportation Road Specifications. The Project Manager may require additional tests from time to time and the Contractor shall furnish all material necessary for said tests. END WS- CA44 -9 2 -26 -03 15Q7 �I W14 we 11: PART (5) - TECHNICAL SPECIFICATIONS - EROSION AND SEDIMENTATION CONTROL 1. Erosion Control The method to be used in trench excavation and the equipment to be used for the purpose of erosion control is optional to the Contractor, unless otherwise noted in the plans or by local regulations. Consequently, an erosion control plan shall be prepared based upon the method to be used. It is the responsibility of the Contractor to prepare the erosion control plan, submit it to the Project Manager for review and comment, submit it for approval to the State and/or local authorities, prior to commencement of any land disturbing activities, and to provide the Project Manager with a copy of the approved plan. 2. Types of Controls 2.1 Location 2.1.1 The type of sedimentation and erosion control (SEC) devices to be employed on the project will depend on location and adjoining features of the land at that location. Unless noted on the plans, the Contractor shall construct SEC devices as directed by the Project Manager or deemed necessary by the Contractor. 2.2 Riprap Channel Construction Specifications 2.2.1 Clear the foundation of all trees, stumps, and roots. 2.2.2 Excavate the bottom and sides of the channel thirty inches (30 ") below grade at all points to allow for the placement of riprap as shown in the typical cross- section in the Standard Details. 2.2.3 Install extra strength filter fabric on the bottom and sides of the channel foundation, placing the upstream fabric over the downstream fabric with at least a one foot (1.0') overlap on all joints. The fabric is to be securely held in place with metal pins. 2.2.4 Place riprap evenly to the lines and grades shown on the drawings and staked in the field. Riprap to be placed immediately following the installation of the filter fabric. 2.2.5 Riprap to meet specification for D.O.T. Class 2 Riprap. 2.2.6 Vegetate all disturbed areas following specifications shown in the vegetative plan. WS- CA45 -1 2 -26 -03 t* 2.3 Road Stabilization Construction Specifications 2.3.1 Clear road bed and parking areas of all vegetation, roots and other objectionable material. 2.3.2 Provide surface drainage. 2.3.3 Spread six -inch (6 ") course of lime rock evenly over the full width of road and parking area and smooth to avoid depressions. 2.3.4 All disturbed areas adjoining roads and parking (as soon as grading is complete) shall be seeded or resodded in accordance with existing conditions prior to construction. 2.4 Temporary Sediment Trap Construction Specifications 2.4.1 Clear, grub and strip the area under the embankment of all vegetation and root mat. 2.4.2 Clear retention area to elevation as approved by the Project Manager. 2.4.3 Use fill material free of roots, woody vegetation and organic matter. Place fill in lifts not to exceed nine inches (9 ") and machine compact. 2.4.4 Construct dam and stone spillway to dimensions, slopes and elevations shown. 2.4.5 Ensure that the spillway crest is level and at least eighteen inches (18 ") below the top of the dam at all points. 2.4.6 Stone used for spillway section - Class "B" erosion control stone. 2.4.7 Stone used on inside spillway face to control drainage - #67 washed stone. 2.4.8 Extend stone outlet section to vegetated road ditch on zero grade with top elevation of stone level with bottom of drain. 2.4.9 Ensure that the top of the dam at all points is six inches (6 ") above natural surrounding ground. 2.4.10 Stabilize the embankment and all disturbed area above the sediment pools as shown in the vegetation plan. WS-CA-J5-2 2 -26 -03 M 1-6B7 2.5 Sediment Fence Construction Specifications 2.5.1 Construct sediment fence on low side of topsoil stockpile to prevent sediment from being washed into the drainage system. Fence to extend around approximately seventy percent (70%) of the perimeter of the stockpile. 2.5.2 Locate posts down slope of fabric to help support fencing. 2.5.3 Bury toe of fence approximately eight inches (8 ") deep to prevent undercutting. 2.5.4 When joints are necessary, securely fasten the fabric at a support post with -- overlap to the next post. 2.5.5 Filter fabric shall be of nylon, polyester, propylene or ethylene yarn with extra strength - 50 lb. /linear inch (minimum) - and with a flow rate of at least 0.3 gal /ft. /minute. Fabric should contain ultraviolet ray inhibitors and stabilizers. 2.5.6 Post to be four inches (4 ") diameter pine with a minimum length of four feet (4'). 3. Siltation and Bank Erosion The Contractor shall take adequate precautions to minimize siltation and bank erosion in crossing canals or ditches, in discharging well point systems, or during other construction activities. WS- CA45 -3 2 -26 -03 1667 `j EXHIBIT J PART (6) - TECHNICAL SPECIFICATIONS - RESTORATION 1. Excess Material Unless otherwise noted in these contract documents, excavated material in excess of the quantity required for backfill, if deemed usable by the Project Manager, shall be removed by the Contractor at Contractor's cost to a site designated by the Project Manager. All unusable material shall be disposed of at the Contractor's expense unless otherwise noted in these Contract Documents. Contractor shall not place unusable materials within the limits of the Right -of -Way unless so directed by the County Transportation Department. 2. Work in Right -of -Way Contractors performing work within the public Right -of -Way shall be responsible to protect, during construction, all existing vegetation and facilities not authorized to be removed. Contractor shall be responsible for acquiring all state and local right -of -way permits. Contractor shall be responsible for restoring all vegetation or facilities damaged during construction. 3. Tree Cutting The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. This includes methods such as the use of herbicides. The necessary trimming or cutting of trees by Contractor in the interest of public safety or continuity of facility service shall not be considered indiscriminate where such facilities cannot bypass the obstruction without violating the minimum clearance requirements. 4. Sidewalk/Driveway Replacement 4.1 Materials Sidewalk/driveway repairs shall be done using materials matching those disturbed during construction. Rock, asphalt, concrete, etc. shall be as specified in Exhibit J, Part (4) of the contract documents. 4.1.1 Grassing Grassing, mulching, and watering operations when required are to begin within three (3) weeks after completion of construction or as otherwise directed and shall be continually watered until growth is initiated or until sufficient local shower activity will ensure growth. All requirements regarding grassing, mulching and watering shall be in accordance with the Florida Department of Transportation WS- CA46-1 2 -26 -03 Standard Specifications for Road and Bridge Construction, latest revision or as otherwise stipulated. Any yards or parts or right -of -way in front of private property that contains a grass mat shall be resodded with similar type sod. 4.1.2 Concrete sidewalks /bikeways shall be a minimum of four inches (4 ") thick, except that alley intersections and driveways shall be six inches (6 ") thick. All concrete sidewalk/bikeway work shall be in conformance with Section 522 (Concrete Sidewalks), of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. 4.1.3 Asphalt sidewalks/bikeways or access paths where authorized shall be constructed to specifications established by the Transportation Department, but shall be no less than six inches (6 ") of compacted limerock base over a stabilized subgrade, primed and surfaced with a minimum of one inch (1 ") of Type II asphaltic concrete. 4.2 Public Safety (during construction, alteration or repair) 4.2.1 In areas of high vehicular traffic, the contractor shall provide a safe walkway around the work area. 4.2.2 Barricades or other barriers shall be used to prevent any possibility of injury to the public caused by the contractor's work. 4.2.3 Walk areas around the work areas shall be kept clean of sand, stones, and any other material that could cause a pedestrian accident. 4.2.4 Work areas left overnight shall be barricaded. The Transportation Department may require the contractor to install flashing warning lights in warranted areas. 5. Pavement Cutting and Replacement 5.1 Road Pavement Cutting - Open Cuts 5.1.1 Unless otherwise noted on the drawings, and/or in accordance with the right -of- way permit, open cutting of existing pavement will generally not be allowed, but may be considered under one or more of the following conditions: a) Subsurface obstructions including rock. b) Extreme high water table. c) Limited space for jack and bore pits. d) Condition of roadway surface - including imminent resurfacing and rebuilding, provided inspection and approval beforehand is made by the affected Transportation Department; e) Extreme economic hardship is proven with adequate supportive data. 5.1.2 Where an open cut has been permitted, replacement of backfill, base and wearing W S- CA46 -2 2 -26 -03 1 surface shall be in accordance with the Standard Details (for both paved and unpaved roads) and/or special stipulations of the right -of -way permit. 5.1.3 Limerock from a Florida Department of Transportation approved pit shall be on the job site during open cutting. When the specified compacted limerock base is greater than six inches (6 "), the base shall be constructed in two (2) or more lifts. 5.2 Temporary Restoration 5.2.1 If the restoration is incomplete at the end of the day, the trench shall be backfilled and made flush with existing pavement edges. Temporary asphaltic patches are permitted when restoration of the road is incomplete at the end of the day, but only with the approval of the Transportation Department. If approval is given for a temporary patch, the cut shall be properly backfilled, with compaction meeting the density requirements specified, primed, then the cold or hot mix asphaltic patch applied. At such time when the conditions are corrected, the temporary cold or hot mix asphaltic patch used shall then be removed and the final asphaltic overlay shall be evenly applied, as required. The temporary patch may be utilized for a period from the commencement of the open cut, not to exceed ninety (90) days for each cut. 5.2.2 Upon backfill and completion of the base, if the hot mix asphalt is not immediately placed and when authorized a temporary cold or hot mix asphaltic patch with a smooth all- weather surface may be utilized. 5.2.3 Before a lane is open to traffic, an asphaltic patch must be provided where applicable. 5.3 Conditions of Open Cuts (if permitted) 5.3.1 On dead end 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. 5.3.2 All trench lines across existing pavements, driveways, sidewalks, curbs, etc., shall be saw cut in straight parallel lines. 5.3.3 Contractor shall exercise care to minimize amount of pavement, sidewalk, driveways, and curbing to be removed. The final decision as to the amount of removal allowed shall rest with the Project Manager. 5.3.4 Pavement shall not be left unrepaired overnight. If Contractor wishes to repave all damaged areas at one time, and such request is approved by the Project Manager, a cold patch mix shall be utilized immediately until final pavement restoration. WS- CA46 -3 2 -26 -03 6. Paving 16 B 7 1 6.1 Limitation of Operations 6.1.1 Asphaltic Concrete shall be placed in accordance with FDOT SPEC Section 330. 6.1.2 Asphalt plant and placement operations shall not commence during periods of -- adverse weather. The mix shall be spread only on prepared, firm, and dry surfaces. Temperature shall be above forty degrees (40 °)F and winds shall not be of velocity to cause blowing sand, dust, etc., to deposit upon the application - surface. 6.1.3 Temperature - Temperature of the mixture at time of spreading shall be between 275 °F and 350 °F. All other mixture temperatures will be rejected. 6.1.4 Rain and Surface Conditions - Any mixture caught in transit by a sudden rain may be laid, but at the Contractor's risk. Should such mixture prove unsatisfactory, it shall be removed and replaced with satisfactory mixture at the Contractor's expense. In no case shall the mixture be laid while rain is falling or when there is water on the surface to be covered. 6.2 Preparation of Surfaces 6.2.1 Prior to the laying of the mixture the edges of the area to be patched shall be saw cut in smooth, straight lines. 6.2.2 The surface of the base or pavement to be covered shall be cleaned of all loose and/or organic material. Any irregular areas shall be properly beveled or smoothed out. 6.2.3 All structures which will be in contact with the asphalt mixture shall be painted with a uniform tack coat of asphalt cement to provide a closely bonded, watertight joint. Tack coat shall be emulsified asphalt, meeting the requirements of Section 300 of the FDOT Standard Specifications for Road & Bridge Construction, latest edition and all supplements thereto. 6.2.4 A tack coat shall be required on the following surfaces: a) Between successive surface courses; b) Between successive leveling courses; C) Between the leveling and surface courses; and d) On old pavements to be patched or leveled. A tack coat on freshly primed surfaces or surface treatment will be required only when so directed by the Project Manager. WS- CA46 -4 2 -26 -03 �6B7'� 6.3 Placing Asphalt 6.3.1 Asphalt patches shall be filled by hand or by mechanical means. In either case, rolling shall immediately follow. When using mechanical spreaders for overlays or strip patches, the following paragraphs (6.3.1.1 through 6.3.1.6) shall be adhered to. 6.3.1.1 All asphaltic concrete mixtures (including leveling courses), other than those adjacent to curb and gutter or other true edges, shall be laid with the use of string lines to assure an accurate, uniform alignment of the pavement edge. 6.3.1.2 Depth of each layer shall be checked at frequent intervals, not to exceed twenty - five feet (25'). Any deviation from the required thickness, in excess of the allowable tolerance, shall be immediately corrected. 6.3.1.3 No layer shall be greater than two inches (2 ") when compacted. Where a surface course is constructed to a thickness greater than two inches (2 "), it shall be constructed in approximately equal layers, each not exceeding two inches (2 "). 6.3.1.4 Laying Width: Where necessitated by traffic conditions, mixture shall be laid in strips in such manner as to provide for the passage of traffic. Where the road is closed to traffic, mixture may be laid to the full width, by machines traveling in parallel. 6.3.1.5 Spreading Finishing: Upon arrival, mixture shall be dumped into the approved mechanical spreader and immediately spread and struck off to the full width required and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, will be secured. An excess amount of mixture shall be carried ahead of the screed at all times. Hand raking shall be done behind the spreader as necessary. 6.3.1.6 Correcting Defects: Before any rolling is started, the surface shall be checked, any irregularities adjusted, and all drippings, fat sandy accumulations from the screed, and fat spots from any source shall be removed and replaced with satisfactory material. No skin patching shall be done. When a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. 6.4 Compaction 6.4.1 Compaction on small patches shall be accomplished through the use of five -ton rollers, first rolling the edges of the patch, then following with the center of the patch to prevent upheaval or separation at the joints. Do not overroll. WS- CA46 -5 2 -26 -03 ■ � 1 6.4.2 When compacting overlays or longitudinal patches, the following equipment and sequences shall be used for each spreader in operation. Contractor shall furnish a separate set of rollers with their operators. Rolling shall be done in the following sequence, with the equipment as noted, unless otherwise permitted by the Project Manager. 6.4.2.1 Seal rollings, using tandem steel rollers weighing six and one half (6.5) to seventeen (17) tons, following as close behind the spreaders as is possible without pick -up, undue displacement or blistering of the material. On hot days, and where the asphalt material is too hot to roll without damage, some delay may be �- necessary. 6.4.2.2 Rolling with self - propelled pneumatic -tire rollers, following as close behind the seal rolling as the mix will permit. Roller shall cover every portion of the surface with at least five (5) passes. - 6.4.2.3 Final rolling with the six and one half (6.5) to seventeen (17) ton tandem steel roller, to be done after the seal rolling and pneumatic tire rolling have been completed, but before the pavement temperature has dropped below 140 °F. 6.4.2.4 Contractor shall take note not to overroll pavement. 6.4.3 Compaction of Crossovers: When a separate paving machine is being used to pave pipe crossovers, compaction of the crossovers may be done by one eight (8) to ten (10) ton tandem steel roller. If crossovers and intersections with acceleration and deceleration lanes are placed with the main run of paving, a traffic roller shall also be used in the compaction of these areas. 6.4.4 Rolling Procedures 6.4.4.1 Rolling shall be longitudinal. Where the lane being placed is adjacent to a previously placed lane, center joint shall be pinched or rolled, prior to the rolling of the rest of the lane. 6.4.4.2 After the rolling or pinching of the center joint, rolling shall continue across the mat by overlapping each previous roller path by at least one -half the width of the roller wheel. The motion of the roller shall be slow enough to avoid displacement of the mixture, and any displacement shall be corrected at once by the use of rakes, and the addition of fresh mixture, if required. Final rolling shall be _ continued until all roller marks are eliminated. 6.4.5 Compaction of Areas Inaccessible to Rollers: Areas, which are inaccessible to a roller (such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc.), shall be compacted by the use of hand tamps or other approved satisfactory means. WS- CA46 -6 2 -26 -03 1667'"9 6.5 Protection of Finished Surface 6.5.1 Sections of newly compacted asphaltic concrete, which are to be covered by additional courses, shall be kept clean until the successive course is laid. 6.5.2 Upon completion of the finished pavement, no dumping of any material directly on the pavement will be permitted. When shoulders are constructed after completion of the final surface, blade graders operating adjacent to the pavement during construction shall have a two inch (2 ") by eight inch (8 ") (or larger) board (or other attachment providing essentially the same results) attached to their blades in such a manner that it extends below the blade edge, in order to protect the pavement surface from damage by the grader blade. Vehicular traffic shall not be permitted on any pavement, which has not set sufficiently to prevent rutting or other distortion. 6.6 Density Density Required for Asphaltic Concrete Pavement: After final compaction, the density shall be at least ninety -five (95 %) of the laboratory compacted density of the paving mixture. 6.7 Defects 6.7.1 Rollers shall not be allowed to deposit gasoline, oil or grease onto the pavement, and any areas damaged by such deposits shall be removed and replaced as directed by the Project Manager. 6.7.2 All drippings, fat or lean areas, and defective construction of any description shall be removed and replaced. 6.7.3 While rolling is in progress, surface shall be tested continuously and all discrepancies corrected to comply with the surface requirements. 6.7.4 Depressions, which develop before completion of the rolling, shall be remedied by loosening the mixture and adding new mixture to bring depressions to a true surface. Should depression remain after final compaction has been obtained, full depth of the mixture shall be removed and replaced with sufficient new mixture to form a true and even surface. All high spots, high joints and honeycomb shall be corrected as directed by the Project Manager. 6.7.5 Any mixture remaining unbonded after rolling shall be removed and replaced. Any mixture which becomes loose or broken, mixed or coated with dirt or in any way defective, prior to laying the wearing course shall be removed and replaced with fresh mixture which shall be immediately compacted to conform with the surrounding area. WS- CA-J6 -7 2 -26 -a3 ff*�, 6.7.6 Areas of defective surface may be repaired by the use of indirect heat. No method of repair involving open -flame heaters shall be used. 6.7.7 Any repairs required in this section shall be made at Contractor's expense. 7. Drainage Culvert Replacement 7.1 Replacement 7.1.1 All side drains, side ditches, swales, and storm sewers shall be referenced, by the contractor, as to grade and location prior to construction, maintained during construction, and repaired as necessary after construction. 7.1.2 Where drainage structures are disturbed and must be replaced, the minimum size replacement shall be twelve inches (12 "). 7.1.3 All drainage culverts installed shall have mitered ends in conformance with the Standard Details of these Contract Documents. 7.1.4 Contractor shall place the culvert to the specified elevations and regrade or reshape the swale and road shoulders that have been disturbed or damaged during construction. 7.2 Sodding Swales 7.2.1 In all flow areas, sod shall be placed to the proper grade and cross section to ensure the design flow of water in the ditch. In excavating for the placement of sod, a minimum three inches (3") undercut is to be provided. 8. Grassing 8.1 Specifications 8.1.1 All exposed ground surfaces that have been disturbed during construction shall be seeded in accordance with the following paragraphs. 8.1.1.1 Preparation of the soil: The soil shall be loosened and mixed to a depth of four inches (4 "). Suitable equipment meeting the approval of the Project Manager shall be used. This operation shall be accomplished by cutting on one foot (1') centers parallel to the contour of the slope. 8.1.1.2 Soil Improvements: Lime shall be applied at the rate of one to one and one half (1 to 11 /z) tons per acre. 10 -10 -10 commercial fertilizer shall be applied at the rate of 800 pounds per acre and well worked into the top inch of topsoil. WS- CA46 -8 2 -26 -03 1b -07' 8.1.3 Seed Mixture and Sowing the Seed - All seed must have been tested within six (6) months of planting. A seed bag tag shall be submitted with final payment requests from each type or mixture of seed used. Seed mixtures shall be chosen to insure the development of the planting during the season of planting, and to insure future growth and permanence. 8.1.1.4 Mulching and Asphalt Tie -Down: All seeded areas will be mulched with one and one half (1' /2) tons per acre of small grain straw spread uniformly, approximately one quarter (1/a) of the ground should be visible to avoid smothering seedlings. Asphalt emulsion shall be used to anchor the straw applied at 150 gallons per ton of straw, where necessary. (Alternate methods may be used, if approved by the Project Manager.) 8.1.1.5 Maintenance: Care shall be taken to prevent run -off destruction to seeded area, and shall continue until turf is established. 8.1.1.6 Grassing, mulching, and watering operations when required are to begin within three (3) weeks after completion of construction or as otherwise directed, and shall be continually watered until growth is initiated or until sufficient local shower activity will ensure growth. All requirements regarding grassing, mulching and watering shall be in accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest revision or as otherwise stipulated. Any yards or parts of right -of -way in front of private property that contain a grass mat shall be resodded with similar type sod. 8.1.2 Guarantee: The Contractor shall guarantee a live and vigorous stand of permanent grass at the time of acceptance of the work consisting of 80% coverage minimum for seeded grass with no bare spots greater than five (5) square feet. 9. Removal and Replacement of Existing Lawns and Shrubbery 9.1 Removal of Vegetation 9.1.1 Removal and/or replacement of existing lawns and shrubbery shall be accomplished in so far as practicable in accordance with the desires of the property owner, and in all cases shall be acceptable to the Project Manager. Where possible, sod lawn areas shall be removed in one foot (F) square or rolled sections, carefully preserved, and replaced on a prepared top soil base after all other construction operations are completed. Sod shall be rolled and watered as necessary to establish growth. In areas where the turf is not adequately thick to be removed as sod, the entire area that is damaged shall be replaced with a six inch (6 ") layer of topsoil, fertilized, raked and seeded with the same grass as is predominant in the existing lawn. The finished surface must be smooth and uniform throughout. WS- CA46 -9 2 -26 -03 s 9.1.2 Shrubbery shall be expertly removed and shall be carefully preserved for replanting. Adequate earth ball shall be removed to guard against damage to the root system. Shrubs shall be replanted only after all other construction operations are complete. The excavation made for replanting shall be six inches (6 ") larger in every dimension than the ball removed with the shrub. This additional space shall be filled with a mixture of one half topsoil and one half peat moss. Care shall be taken to set the top of the ball flush with the surrounding ground surface. Any shrubbery damaged due to negligence of the Contractor shall be replaced at his expense. 10. Setting Valves and Fittings 10.1 General 10.1.1 Valves, fittings, plugs and caps shall beset and jointed to pipe in the manner heretofore specified for cleaning, laying and jointing pipe. 10. 1.2 Valves in water mains shall be located as shown on the drawings. 10.1.3 A valve box or masonry pit shall be provided for every valve. The valve box shall be centered and plumb over the wrench nut of the valve. It shall not transmit shock or stress to the valve. Valve box shall be two piece telescope type. 10. 1.4 All dead ends on new mains shall be terminated with a temporary blow -off or permanent fire hydrant. 11. Settlement of Trenches - 11.1 Whenever water lines are in or cross driveways, paved areas or streets, the Contractor shall be responsible for any trench settlement which occurs within one year from the time of preliminary acceptance. 12. Restoration of Surfaces and/or Structures _. 12.1 The Contractor shall restore and/or replace paving, curbing, sidewalks, gutters, shrubbery, fences, sod or other disturbed surfaces or structures to a condition equal to that which existed before the work began to the satisfaction of the Project Manager. The Contractor shall furnish all labor, materials and incidentals. 13. County Ordinance 13.1 Not withstanding anything to the contrary in these Contract Documents, all work within the Right -of -Way shall be in conformance with Collier County Ordinance 82 -91, as amended. W S- CA46 -10 2 -26 -03 1687 ") EXHIBIT J PART (7) - TECHNICAL SPECIFICATIONS - GENERAL 1. SEPARATION FROM OTHER PIPE SYSTEMS 1.1 Parallel Water and Sewer or Effluent Lines 1.1.1 Sanitary sewer lines, storm sewers or force mains shall be separated from water mains by a minimum clear vertical distance of eighteen inches (18 ") and a horizontal distance of ten feet (10' -0 "). Reclaimed water (effluent) mains shall be separated from water mains, gravity sewers or force mains by a minimum clear vertical distance of eighteen inches (18 ") and a horizontal distance of five feet (5' -0") center to center or three feet (3' -0 ") outside to outside. When this standard cannot be maintained, the sewer line shall be concrete encased for a distance of ten feet (10') each way from the water line and any other conduit, with a minimum vertical clearance of twelve inches (12 ") being provided at all times. 1.2 Crossing Water and Sewer Lines 1.2.1 Water mains crossing over a sewer shall be (bottom of water main to top of sewer) separated by at least eighteen inches (18 ") unless local conditions or barriers prevent an eighteen -inch (18 ") vertical separation. All crossings with vertical clearance less than eighteen inches (18 ") shall be made using sewer pipe thickness Class 200 AWWA C900 PVC pipe, and water pipe of Class 51 Ductile iron pipe, for a distance of ten feet (10') each side of the crossing. The gravity sewer pipe in these locations shall be backfilled with USCS Class I bedding stone to a height of 6 inches above the crown of the pipe. 1.2.2 When water mains cross under a sewer, both mains shall be constructed of C900 Class 200 PVC pipe with joints equivalent to water main standards for a distance of ten feet (10') on each side of the point of crossing with no intermediate joints. Additionally, a section of water main pipe shall be centered at the point of crossing. 2. FLUSHING AND DISINFECTION OF WATER MAINS 2.1 Flushing Mains 2.1.1 All water lines shall be filled with potable water, pigged or swabbed, and flushed, under the supervision of Owner's personnel, via a full bore flush. All lines twelve (12) inches in diameter and larger shall be pigged to clear debris prior to full bore flushing. A section of pipe shall be inserted in the gap specified in the jumper shown in the Standard Details to connect the new construction to the existing facilities for the purpose of accomplishing the full -bore flush. After completion of the flush, the connection shall be removed. The facilities shall be capped and WS- CA47-1 2 -2G -03 1667'+9 returned to the jumper connection shown in the Standard Details until final connection is permitted by Owner at the completion of construction and after finalization of all test procedures and bacterial clearance for new water facilities. 2.2 Pressure Testing of Water Mains 2.2.1 Visual Examination Under Pressure: All exposed pipes, fittings, valves, hydrants, and joints will be carefully examined during the pressure test. All joints showing visible leaks shall be made tight. The pressure test shall be repeated until satisfactory to Owner. 2.2.2 All leaks evident at the surface shall be uncovered and repaired regardless of the total leakage as indicated by the test. All pipes, valves, and fittings and other -- materials found defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been reduced below the allowable amount. 2.2.3 Expelling Air Before Test: Before applying the specified test pressure, all air shall be expelled from the pipe. If hydrants or blow -offs are not available at the high - places, taps shall be made to provide for air release valves. 2.2.4 The Contractor shall perform a pressure test of completed pressure mains. The Owner shall be notified of the test at least forty -eight (48) hours in advance and will observe the test. The test shall be conducted for a period of two (2) hours at 150 psi pressure. Test procedure and allowable leakage shall be as specified for the appropriate pipe system in either AWWA C600, Section 13, or Uni -Bell Plastic Pipe Association Handbook of PVC Pipe, Chapter VI, Inspection and Testing - Pressure Pipe. 2.2.5 Simultaneously with the leak test, a hydrostatic test shall be performed. Test pressures shall not vary more than 5 PSI, for the duration of the test in accordance with AWWA C600, Section 4. 1, Paragraph 4. 2.3 Disinfection of Water Mains 2.3.1 After installation, leakage and pressure tests and all repairs on the water line have been completed, and the water lines flushed clean, water containing not less than fifty parts per million (50 ppm) chlorine (preferably 75 - 100 ppm) shall be placed in the line and allowed to stand at least forty eight (48) hours. After forty -eight (48) hours, if the chlorine solution contains at least twenty five parts per million (25 ppm) of chlorine, the line may be flushed and samples taken at various points. 2.3.2 Chlorinating agent may be a chlorine gas -water mixture, calcium hypochlorite or chlorinated lime of known chlorine content, in water, and shall be fed through a suitable solution feed device located at or near the point from which the main is to be filled. Flow of both water and chlorine solution shall be at a slow rate and in WS- CA47 -2 2 -2G -03 a i such proportion that the required chlorine content is evenly distributed in the main. Air pockets shall be eliminated and system pressure applied. Following chlorination, all water shall be flushed from the lines until replacement water has a chlorine content not more than 0.1 ppm in excess of the residual in the water from the supplying main. 2.4 Bacteriological Testing 2.4.1 Water samples for bacteriological examination shall be taken by the Owner after receiving adequate notice (at minimum, forty eight (48) hours) from the Contractor. The lines shall not be placed in service until a negative bacteriological report is received. TESTING OF GRAVITY SANITARY SEWER LINES 3.1 Watertight Construction 3.1.1 It is imperative that all sewers and force mains, manholes, and service connections be built watertight and that the Contractor adhere rigidly to the specifications for material and workmanship. Since of the water and sewage in the lines will be treated at the treatment plant, special care and attention must be given to securing watertight construction. After completion, the sewers or sections thereof will be tested and gauged. If infiltration or exfiltration is above the limits specified in Sections 3.4 and 3.5 below, the sewer construction work will be rejected. 3.2 Cleaning 3.2.1 Care shall be exercised during construction of the manhole to see that materials do not enter the sewer line. The invert and shelf of the manhole shall be kept clean of all mortar, broken brick, sand, or any other materials falling into the manhole. Such material shall be immediately removed. This condition shall be maintained until final acceptance of the work. Prior to testing of gravity sanitary sewer lines, the lines shall be thoroughly cleaned, using appropriate tools. 3.3 Gravity Sewers - Visual Inspections On completion of each block or section of sewer, or at such other times as the Project Manager 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. All repairs shown necessary by the inspection are to be made; broken or cracked pipe replaced, all deposits removed and the sewers left true to line and grade, entirely clean and ready for use. WS- CA -J7 -3 2 -26 -03 3.4 Infiltration Limits 3.4.1 The Contractor shall provide the equipment necessary to check the lines for infiltration or exfiltration as directed by the Project Manager, before they are put in service. Infiltration in excess of fifty (50) gallons per day inch -mile of sewer will result in having the Contractor go over the lines, ascertain where the leakage exists, and repair the lines to the extent necessary to bring the infiltration down within acceptable limits. No test shall exceed one manhole to manhole section. Observable inflow is not permitted. 3.5 Exfiltration Limits 3.5.1 The length of sewer subject to an exfiltration test shall be the distance between two (2) adjacent manholes. The inlets of the upstream and downstream manholes - shall be closed with watertight plugs and the test section filled with water until the elevation of the water in the upstream manhole is two (2) feet above the crown of the pipe in the line being tested, or two (2) feet above the existing groundwater in the trench, whichever is higher. A standpipe may be used instead of the upstream manhole for providing the pressure head when approved by the Project Manager. Exfiltration shall be measured by determining the amount of water required to maintain the initial water elevation for one (1) hour period from the start of the test. The maximum allowable leakage, including manholes, shall be 50 gallon per inch for diameter per mile of pipe per day. 3.6 Pipe Deflection Testing 3.6.1 Deflection testing shall be performed for all semi -rigid and flexible pipe eight inches (8 ") or larger in size. Deflection shall not exceed five percent (5 %) of nominal diameter (95% of the ASTM base inside diameter). Testing shall be conducted in the presence of the Project Manager and shall utilize a mandrel go /no -go gauge complete with proving ring. Mandrel shall be approved by the Project Manager for this test. Arm mandrels shall have a minimum of nine (9) arms. 3.7 Air Testing 3.7.1 Air testing shall be required if, in the opinion of the Project Manager, conditions are such that infiltration measurements may be inconclusive. The test shall be conducted in the presence of the Project Manager and shall conform to the following requirements: a) Test pressure shall be 3.5 psi increased by the groundwater pressure above the top of the sewer. WS- CA47 -4 2 -26 -03 1667' b) Pressure loss from 3.5 to 3.0 psi shall not exceed 0.5 psi during the required testing time. C) Testing time in minutes shall be calculated as 0.625 x nominal pipe size (inches). 3.7.2 Force Main Pressure Testing All force mains shall be subject to pressure testing at the following standards: System Operating Pressure Test pressure 50 PSI or less 100 PSI Greater than 50 PSI 150 PSI or 2 times the operating pressure, whichever is greater. Duration 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 thereof. 3.7.3 Concurrently with the leakage test a hydrostatic test shall be performed using the 5 PSI, as specified in AWWA C600, see 4.1 Paragraph 4. 3.8 Gravity Sewer - Television Inspection Complete television inspection shall be required at the 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. The tape 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 approved grout as supplied by Cues, Inc. Any time a line is repaired or sealed, a reinspection is required to ensure 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 County or appropriate Water Sewer District and 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. Ws- CA47 -5 2 -26 -03 1667'' 4. DISPOSAL OF SEWAGE It shall be the Contractor's responsibility to so arrange and coordinate his work, activities, and forces to adequately handle and dispose of all sewage encountered in this work to the entire satisfaction of the Project Manager. The connection of new sewer force mains to existing force mains or new or existing sewer lines to manholes shall not be started until the sewage can be received in the system. Wherever it is necessary to handle or divert sewage during construction, w Contractor shall submit a plan for such disposal to the Project Manager for approval. The equipment used must be adequate and in good condition to insure the handling of sewage and alleviate any possible health hazard. 5. PROTECTION OF WATER SYSTEM The Contractor will be required to take every precaution to guard against any or all damages to existing structures, pipe lines, and equipment of the water distribution system, from any cause whatsoever in the prosecution of the work. All work shall be planned and executed in such a manner by the Contractor as to absolutely insure the regular and continuous operation of the waterworks system insofar as same may be affected by the Contractor's operations; and the sequence of operations of the Contractor in providing for and executing the work shall be at all times subject to the approval of the Project Manager, insofar as the operation of the above mentioned system may be affected. Such approval of the Project Manager shall in no way relieve the Contractor of his responsibility for providing all and adequate means of guaranteeing the continuous, uninterrupted operation of the waterworks system. Any damage to existing structures, or pipe lines, shall be the direct responsibility of the Contractor and such damage shall be restored, replaced, or repaired by Contractor at no expense to Owner. 6. ALIGNMENT AND GRADE All gravity sanitary sewer pipe shall be laid and maintained at the required lines and grades, with manholes and fittings at the required locations, and manhole rings and covers properly centered on the manholes. The lines and grades of the sanitary sewer lines may be determined by use of portable lasers or by stakes parallel to the line of the sanitary sewer and be set at such elevations that proper batter boards or grade boards can be set. The Contractor shall be responsible for the finished sanitary sewer being laid to exact and proper line and grade. WS- CA47 -6 2 -26 -03 1687'� 7. DITCH/CANAL CROSSINGS 7.1 Permits 7.1.1 The Project Manager, with assistance from the Design Professional, will obtain the necessary construction permits for ditch or canal crossings from appropriate authorities. Contractor shall not begin work on any ditch or canal crossing until a copy of the approved permit is received from the Project Manager. The work shall be subject to any additional requirements of the governing authority. 7.2 Crossings 7.2.1 Aerial Crossing Pipes spanning elevated pier crossings shall be flanged ductile iron Pressure Class 350 pipe conforming to AWWA C115, C150 & C151. Pipe spanning on piers spaced further apart than normal pipe length of 18 or 20 ft. shall be multiple length pipe with interior flanged joints with a rubber gasket pipe such as Clow "Long -span Pipe ", Flanged US Pipe, Flanged American Pipe or approved equal. The pipe wall thickness and flanged joints shall be designed to safely span the elevated piers under working pressure without exceeding the allowable stresses and conform to AWWA C150. Limit pipe deflection at center of span with pipe full of water to 1/720 of span length. Submit aerial pipe and flange computations for review. Submittal must be signed and sealed by a Florida registered Professional Engineer. Flanges shall conform to AWWA C150 and C115. All bolts and nuts used in aerial crossings shall be stainless steel. Gaskets shall be full faced or recessed "O Ring" type to prevent leaks in pipe under stress in the aerial crossing. Outside surface of all pipe, flanges or spool pieces shall be shop coated with zinc primer, High Build Epoxy protective coat and a field applied finish coat of polyurethane high gloss. All exposed water lines shall be painted blue. All exposed sewer force mains shall be painted green. All exposed treated effluent lines shall be painted pantone purple. WS- CA-J7 -7 2 -26 -03 16 6 7''g 7.3 Restoration 7.3.1 Ditch banks and bottoms shall be restored to the original condition or as required by the Permitting agency, whichever is more stringent. 8. CONNECTIONS TO EXISTING WATER MAINS 8.1 Connections 8.1.1 Where connections are required to be made between new water mains and existing water mains the connections shall be made in a thorough and workmanlike manner using proper materials, fittings and labor practices to suit the actual conditions. In case a connection is made to an existing fitting in the line, the Contractor will schedule his work so that digging and locating this - existing fitting can be completed prior to starting trench work on the line. 8.2 Interruptions of Service 8.2.1 Cut -ins into lines shall be done at a time approved in writing by the Owner. Whenever it is required to turn off valves which may interrupt the water supply of residents or businesses, the Contractor shall notify all concerned parties or agencies with personal contact, door hangers or written notice at least twenty -four (24) hours in advance of such cut -off, after having obtained the approval of the Owner and Project Manager. The Contractor shall maintain water service to existing connections during construction, under any and all conditions and at no additional cost to the Owner. All pipe and fittings for cut -ins shall be thoroughly cleaned and swabbed with a concentrated solution of calcium hypochlorite. 9. PUBLIC SAFETY (DURING CONSTRUCTION, ALTERATION OR REPAIR) 9.1 In areas of high vehicular traffic, the contractor shall provide a safe walkway around the work area. 9.2 Barricades or other barriers shall be used to prevent any possibility of injury to the public caused by the Contractor's work. 9.3 Walk areas around the work areas shall be kept clean of sand, stones, and any other material that could cause a pedestrian accident. 9.4 Work areas left overnight shall be barricaded. The contractor shall install flashing warning lights in areas required by the Project Manager. WS- CA47 -8 2 -26 -03 1687' 9.5 Unless an approved detour is provided at any open cut crossings, a minimum of one -way traffic will be maintained during the daylight hours and two -way traffic at night. All traffic detours will be restricted to limits of the Right -of -Way with necessary flagmen and/or marking devices. These detours shall be approved by the Project Manager. Detour of traffic outside of the Right -of -Way will be considered with the approval of local governmental agencies and private concerns involved. 9.6 Crossing and Intersections Contractor shall not isolate residences and places of business. Access shall be provided to all residences and places of business whenever construction interferes with existing means of access. Access shall be maintained at all times. If pavement is disturbed, a cold mix must be applied at the end of the day. 9.7 Detours 9.7.1 Contractor shall construct and maintain detour facilities wherever 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 Project Manager. 9.7.2 Furnishing of Devices and Barriers The Contractor shall furnish all traffic control devices (including signs), warning devices and barriers. Costs of such devices shall be incidental to construction and included in unit prices bid. 9.7.3 Maintenance of Devices and Barriers Traffic control devices, warning devices and barriers shall be kept in the correct position, properly directed, clearly visible and clean, at all times. Damaged, defaced or dirty devices or barriers shall immediately be repaired, replaced or cleaned as necessary. 9.8 Flagmen Contractor shall provide competent flagmen to direct traffic where one -way operation in a single lane is in effect, and in other situations as may be required. Radios may be required if flagmen cannot maintain contact with each other. 9.9 During construction, all necessary signs, flagmen, and other safety devices shall be utilized. WS- CA47 -9 2 -26 -03 1667 71. 9.10 All work shall be performed with the requirements set forth by the Occupational Safety Health Administration. 10. CORROSIVE SOILS 10.1 In corrosive soils (i.e., dump areas, swamps, marshes, alkaline soils, cinder beds, etc.), pipe will be protected by encasing in a polyethylene tube (eight (8) millimeters thick) or sheet material, to be installed in accordance with Cast Iron Pipe Research Association specifications. 11. USE OF CHEMICALS 11.1 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. 12. ASBESTOS -CEMENT (AC) PIPE 12.1 Whenever the contractor encounters existing asbestos - cement pipe during the course of construction he shall remove the AC pipe and replace it with C900 PVC pipe having a pressure rating as required elsewhere in these specifications. The AC pipe shall be replaced with PVC pipe for a distance of ten (10) feet each way from the centerline of the pipe under construction or five (5) feet beyond the length of AC pipe exposed by trench excavation, whichever is greater. 12.2 The contractor shall coordinate the shutdown of the AC pipeline with the owner - of the affected pipeline including proper notice to the owner and any customers that may be affected by the shutdown as required by these specifications and/or current Water Department policy. 12.3 A shutdown plan shall be prepared by the Contractor in accordance with article 13 of this specification. The Contractor shall not proceed with AC pipe replacement work until the Project Manager has approved his shutdown plan. 12.4 In the event of an unanticipated encounter with AC pipe, the contractor shall immediately recover and protect the pipe. He shall then provide the required notices and shutdown plan. 12.5 Cutting of AC pipe shall be performed by means of cutting wheels mounted in a chain wrapped around the pipe barrel. Power driven saws with abrasive discs or any other means that produce concentrations of airborne asbestos dust shall not be used. WS- CA47 -10 2 -26 -03 13 CONNECTION AND SHUTDOWN PLAN AND SCHEDULE When plans call for connection to existing facilities or the Contractor plans to shut down existing utilities or where damage to such facilities is likely in order to complete construction of items under this contract, the Contractor shall furnish the Project Manager with a written connection and shutdown plan and schedule at least two working days in advance of the Work, for approval by the Project Manager. The connection and shutdown plan shall identify the locations of all valves needed to isolate the point of connection in the event that the existing facilities are damaged while making the connection. The plan shall also identify the next nearest isolation valves as a backup in the event that the nearest isolation valve fails to properly close. The connection and shutdown plan shall identify items such as valves, bypass piping, portable pumper trucks or any other means which the Contractor proposes to use in order to provide effective shutdown of the system. The connection and shutdown schedule shall include details of shutdown time and duration. No connections or construction where shutdown of or damage to existing utilities may occur shall begin prior to approval of the connection and shutdown plan and schedule by the Project Manager. 14. RECORD DRAWINGS During the entire construction process, the Contractor shall maintain records of all deviations from the contract drawings and specifications and shall then prepare "record drawings" showing accurately and correctly all work as it was actually constructed in red pencil. Stationing and offset dimensions of all valves, fittings, air release valves, sample points or other appurtenances shall be accurately located by a Licensed Land Surveyor and shall be accurately and legibly shown on these "record drawings ". Final disbursal of project monies shall not occur until or unless said "record drawings" are submitted to the satisfaction of the Design Professional through the Project Manager. The Design Professional shall supply one (1) set of blueprints for this sole purpose to the Contractor who shall safeguard same until presented back to the Project Manager as red -lined "record drawings" for approval. Record drawings shall show dimensions and elevations of underground utilities. All buried and concealed items including all valves, fittings, etc., shall be accurately located on the annotated drawings at a minimum of every 100 feet or at all changes in alignment both vertically as to top of pipe elevation and horizontally in relationship to not less than two (2) permanent features (e.g., WS- CA47 -11 2 -26 -03 existing edge of pavement and right -of -way lines). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available at all time to the Design Professional and the Project Manager for review and reference. Upon completion of the Work and as a condition precedent to the Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to the Project Manager by the Contractor. Failure to maintain current annotated "As- Built" drawings shall be cause for rejecting any payment requests, partial or final. Subsequent to the Project Manager's written approval of all "as- built" information, data, and the like secured by the Contractor's Professional Land Surveyor, the Design Professional shall provide the Contractor with a reproducible mylar copy of the design drawings as bid. Forthwith, all "as- built" information shall be drafted upon such drawings and certified, signed, and sealed by the Contractor's professional Land Surveyor. These final mylar plans titled "as- built" record plans shall become the property of the County. 15. EXISTING UTILITIES Various utilities are shown on the plans along the line of work. The Contractor "R shall be responsible for any damage to these utilities arising from any of the Contractor's activities as well as those of any of his subcontractors, including installation of the new work. The Contractor shall arrange his work to avoid damage or disruption to any other utility or house service. The Contractor shall advise each utility affected, a minimum of 48 hours in advance of starting any work which may affect any other utility. Methods and techniques used by the Contractor to protect and maintain other utilities shall be subject to prior approval by the Project Manager. Water and sewer services damaged by the Contractor or his subcontractors shall be repaired or replaced by the Contractor to the extent directed by the Project - Manager. Materials used for the repair or replacement shall be similar to those damaged or shall conform to current standards of Collier County. All damaged water or sewer services shall be promptly repaired and shall be returned to service within 8 hours of the damage occurrence. Other public utilities, which are damaged by the Contractor or his subcontractor, shall be repaired by the utility having jurisdiction, and all costs for the repair shall be born by the Contractor. WS- CA47 -12 2 -26 -03 1667'1 Where the relocation, disruption or special maintenance of existing utilities is expected and shown on the plans, the disruption to existing service shall be kept to a minimum time. The Contractor shall submit a schedule to the Project Manager for approval prior to commencing work. All costs associated with protecting, repairing, replacing, relocating or maintaining existing utilities shall be included in the unit prices in the Bid Schedule. 16. INSPECTION The Contractor shall provide proper facilities for inspection and access to the work at all times for authorized representatives of the Project Manager, Design Professional, Collier County or any agency having jurisdiction over any part of the work or work site. 17. COORDINATION AND COOPERATION In performing all work under the Contract, the Contractor shall coordinate his work with that of any adjacent contractor and shall cooperate with them in every reasonable way in order to minimize interference with their operation. 18. CLEANING The Contractor shall be responsible for the removal of all debris and waste products of construction which are a result of his work. Prior to final acceptance of the work, the work site shall be totally clean of all debris, rubbish and shall be thoroughly cleaned by the Contractor. The Contractor shall secure all required permits and shall arrange for progress and final inspections as the work develops. 19. BENEFICIAL USE OF FACILITIES It is the intent of these Specifications that all newly constructed facilities be placed in service as soon as an integrated portion of the new facilities can be constructed and accepted by the Owner. Acceptance or use by the County of any portion of the facilities prior to final acceptance shall not relieve the Contractor of any responsibility regarding such facilities, which are part of the Contract. M► WS- CA47 -13 2 -26 -03 EXHIBIT J PART (8) - TECHNICAL SPECIFICATIONS — MEASUREMENT AND PAYMENT 1. GENERAL 1.01 WORK INCLUDED 16B7'a — A. This section shall include Measurement and Payment for furnishing all materials, labor, tools, equipment, and incidentals for performing all operations necessary to complete the Work under this contract. B. The prices stated in the Proposal shall include all costs and expenses for performing and completing the Work under this contract. 2. PAYMENT ITEMS 2.01 MEASUREMENT AND PAYMENT — A. Pipe: The unit price bid for the various sizes, classes, and types of pipes shall be compensation in full for furnishing all labor, material, equipment and incidentals necessary to install complete one linear foot of — pipe, regardless of the depth of cover in accordance with these specifications. Price shall include pipe material including locator disks and identification tape, clearing and grubbing, grassing, sodding, trenching, removal and replacement of pavement, driveways and sidewalks, rock excavation, backfilling, disposal of non - usable excavated material, bedding, tie -ins, laying, testing, flushing, cleanup and all appurtenances. Measurement for payment will be made along the centerline of installed pipe, excluding the lengths of fittings, valves and specials for which there is a separate pay item. Pipe installed in steel casing is included in this item. B. Air Vac /Relief Assembly: The unit price bid shall be compensation in full for furnishing and installing an air vacuum relief valve assembly including valve, valve box, all concrete work, operators, stems and incidentals necessary for a complete installation as shown on the Drawings and specified herein. — C. Dip Assembly: The unit price bid shall be compensation in full for furnishing and installing a complete Conflict Crossing including pipe, fittings, joint restraints, all concrete work, and incidentals necessary for a complete installation as shown on the Drawings and specified herein. D. Concrete Encasement: The unit price bid shall be compensation in full for furnishing and installing concrete encasement around utility lines WS- CA48 -1 02/27/03 as shown or called out on the Drawings. The price shall include excavation, formwork, reinforcement, concrete placement and backfill. 2.02 PAYMENT ITEMS 16 R % 4:1 A. WATER MAINS Payment will be made under: DIP ASSEMBLY Item No. WM -1 Pipe (DI) 8 "- per linear foot Item No. WM -2 Excavation — per cubic yard Item No. WM -3 Compacted Backfill — per cubic yard Item No. WM -4 Connect to Existing Line— lump sum AIR VAC /RELIEF ASSEMBLY Item No. WM -5 Air /Vac Relief Assembly — each B. FORCE MAINS Payment will be made under: CONCRETE ENCASEMENT Item No. FM -1 Formed Concrete — per cubic yard Item No. FM -2 Excavation — per cubic yard Item No. FM -3 Compacted Backfill — per cubic yard C. RECLAIMED WATER MAINS Payment will be made under: CONCRETE ENCASEMENT Item No. RWM -1 Formed Concrete — per cubic yard Item No. RWM -2 Excavation — per cubic yard Item No. RWM -3 Compacted Backfill — per cubic yard DIP ASSEMBLY Item No. RWM -4 Item No. RWM -5 Item No. RWM -6 Item No. RWM -7 Item No. RWM -8 Pipe (DI) 8 "- per linear foot Excavation — per cubic yard Compacted Backfill — per cubic yard Connect to Existing Line— lump sum Ductile Iron Fittings — per pound AIR VAC /RELIEF ASSEMBLY Item No. WM -9 Air /Vac Relief Assembly — each END WS- CA -J8 -2 02/27/03 - LAKELAND AVENUE 16B7 ' COLLIER COUNTY PROJECT NO. 66042 BID N0.03 -3492 SUPPLEMENTAL SPECIFICATIONS These Supplemental Specifications amend or supplement the 2000 edition of the FDOT Standard Specifications for Road and Bridge Construction. 1. ALTERATION OF PLANS OR OF CHARACTER OF WORK. ARTICLE 4 -3 (Pages 18 -25) is deleted and the following substituted: 4 -3 Alteration of Plans or of Character of Work. 4 -3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. - The term "significant change" applies only when: (A) The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or (B) A major item of work, as defined in 1 -3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity, or in case of a decrease below 75% to the actual amount of work performed, such allowance to be determined in accordance with 4 -3.2, below. In the instance of (A) above, the determination by the Engineer shall be conclusive and shall not subject to challenge by the Contractor in any forum, except upon the Contractor establishing by clear and convincing proof that the determination by the Engineer was without any reasonable and good -faith basis. 4 -3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate --• the Contract or release the Surety. The Engineer may direct in writing that the work be done and, at the Engineer's sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner: (a) Labor: The Contractor will receive payment for direct labor and burden on the actual costs of the additional or unforeseen work, plus a mark -up of 25 %. (b) Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipment as hereinafter set J -SS -1 2 -26 -03 F forth), plus 17.5 %. For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies, plus 17.5 %. (c) Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PREAEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: (1) Allowable Hourly Equipment Rate = Monthly Rate /176 x Adjustment Factors x 100 %. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100 %. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) Standby Rate = Allowable Hourly Equipment Rate x 50 %. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to perform this work at the rate for standby equipment. In addition to the compensation provided in this (c), as described above, the Department will allow a 7.5% mark -up thereon. (d) The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. A subcontractor mark -up will be allowed only by the prime Contractor and a first tier subcontractor. (e) General Liability Insurance and Bond: The Contractor will receive a mark -up of 1.5% on the overall total cost of the additional or unforeseen work for insurance and bond. In addition, in the instance of subcontractor performed work only, the subcontractor may receive a mark -up of up to and including not more than 1.5% on the overall total cost of the subcontracted additional or unforeseen work for insurance and bond; provided, however, that such subcontractor mark -up for subcontractor insurance and bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually provided and paid for separate liability and bond premiums for such additional or unforeseen work in such amount. The markups in (a), (b), (c) and (e) above include all indirect costs and expenses of the Contractor, including but not limited to overhead of any kind, and reasonable profit. J -SS -2 2 -26 -03 The monetary compensation provided for above constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work — beyond that expressly provided above. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually delays completion of the project due - to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided above and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work, except (a) as is provided above when the performance of — any portion of the additional work is a controlling work item and the performance of such controlling work item actually delays completion of the project due to no fault of the Contractor or (b) only as provided for under 5- 12.6.2.1 and 5- 12.6.2.2. 4 -3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents. 4 -3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the plans and specifications of the Contract; to document quantity overruns that exceed 5% of the original Contract amount; to provide for unforeseen work, grade changes, or alterations in plans which could not reasonably have been contemplated or foreseen in the original plans and specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement — extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer's written authorization will set forth sufficient work information to allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department's approval of the document. �. 4 -3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4 -3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4 -3.2 for additional work. 4 -3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the project as detailed in the plans. However, if J -SS -3 2 -26 -03 �6g7. the Engineer determines that it is necessary to extend the construction in order`% makl suitat connections to existing pavement, the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated on the plans, the Engineer will provide direction regarding the proper connections in accordance with the Roadway and Traffic Design Standards. 4 -3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work. Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has provided the required written notice. The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non - Department projects on which the Contractor may be working. 4 -3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct of indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, design plans (including traffic control plans) or other Contract Documents and which effect a change in utility work different from that shown in the utility plans, joint project agreements or utility relocation schedules. 4 -3.9 Value Engineering Incentive: 4 -3.9.1 Intent and Objective: (1) This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Value Engineering Change Proposal or VECP) that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. This Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the Department as a proposal submitted pursuant to this Subarticle. (2) The Department will consider VECPs that would result in net savings to the Department by providing either: (a) a decrease in the cost of performance of the Contract; or (b) a reduction in cost of ownership (hereinafter referred to as collateral costs) of the work provided by this Contract, regardless of acquisition costs. VECPs must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. However, nothing herein prohibits the Contractor from submitting VECPs when the required functions and J -SS -4 2 -26 -03 Y 1 1 characteristics can be combined, reduced or eliminated because they are nonessential or excessive. The Department will not recognize the Contractor's correction of plan errors that result in a cost reduction, as a VECP. - (3) The Department reserves the right to reject at its discretion any VECP submitted that proposes a change in the design of the pavement system or that would require additional right -of -way. The Department will not allow the substitution of another design alternate, on which the Contractor could have bid, that is detailed in the plans for the one on which the Contractor has bid, under this Subarticle. Pending the Department's execution of a formal supplemental agreement implementing an approved VECP, the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department will not grant any time extensions to allow for the time required to review a VECP. 4 -3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of VECPs from subcontractors. However, it is not mandatory to submit VECPs to the Department or to accept or transmit subcontractor proposed VECPs to the Department. 4 -3.9.3 Data Requirements: As a minimum, submit the following information with each VECP: (1) a description of the difference between the existing Contract requirement and the proposed change, and the comparative advantages and disadvantages. (2) separate detailed cost estimates for both the existing Contract requirement and the proposed change. Break down the cost estimates by Contract item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by Contract items, by using current Department pay item numbers. In preparing the estimates, include overhead, profit, and bond. The Department will not allow any separate pay item(s) for the cost of overhead, profit, and bond. (3) an itemization of the changes, deletions or additions to plan details, plan sheets, design standards and specifications that are required to implement the VECP if the Department adopts it. Provide preliminary plan drawings sufficient to describe the proposed changes. (4) an estimate of the effects the VECP would have on collateral costs to the Department. (5) engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the VECP with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements. The Department may require that engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all design changes that result from the VECP with prints of drawings and computations signed and sealed by the Specialty Engineer. (6) state the time by which the Department must approve the VECP to obtain the total estimated cost reduction during the remainder of the Contract, noting any effect - on the Contract completion time or delivery schedule. 4 -3.9.4 Processing Procedures: Submit two copies of each VECP to the Engineer or his duly authorized representative. The Department will process VECPs expeditiously; however, the Department is not liable for any delay in acting upon a VECP submitted pursuant to this Subarticle. The Contractor may withdraw, in whole or in part, a VECP not accepted by the Department within the period specified in the VECP. The Department is not liable for any VECP development cost in the case where the Department rejects or the Contractor withdraws a VECP. J -SS -5 2 -26 -03 The Engineer is the sole judge of the acceptability of a VECP and of the estimated net savings in construction and collateral costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. Prior to approval, the Engineer may modify a VECP, with the concurrence of the Contractor, to make it acceptable. If any modification increases or decreases the net savings resulting from the VECP, the Department will determine the Contractor's fair share upon the basis of the VECP as modified and upon the final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items affected by the VECP from the total cost of the same bid items as represented in the original Contract. Prior to approval of the VECP that initiates the supplemental agreement, provide acceptable Contract - quality plan sheets revised to show all details consistent with the VECP design. 4 -3.9.5 Computations for Change in Contract Cost of Performance: The Department will not pay for the Contractor's VECP development and implementation costs. If the VECP is adopted, the Contractor's share of the net savings as defined hereinafter represents full compensation to the Contractor for the VECP. The Department will not include its costs to process and implement a VECP in the estimate. However, the Department reserves the right, where it deems such action appropriate, to require the Contractor to pay the Department's cost of investigating and implementing a VECP as a condition of considering such proposal. When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the Contract. 4 -3.9.6 Computations for Collateral Costs: To determine any collateral cost savings, prepare separate estimates for collateral costs of both the existing Contract requirement and the proposed change. Provide estimates that consist of an itemized breakdown of all costs and the basis for the data used in the estimate. Cost benefits to the Department include, but are not limited to, reduced costs of operation, maintenance or repair, and extended useful service life. Increased collateral costs include the converse of such factors. Compute collateral costs as follows: (1) Calculate costs over a 20 -year period on a uniform basis for each estimate. (2) If the difference in the estimates as approved by the Department indicates a savings, divide the resultant amount by 20 to arrive at the average annual net collateral savings. The Department will share the average annual net collateral savings as stipulated in 4- 3.9.7. 4 -3.9.7 Sharing Arrangements: If the Department approves a VECP, the Contractor may be entitled to share in both construction savings and collateral savings to the full extent provided for in this Subarticle. The Contractor shall receive 50% of the net reduction in the cost of performance of the Contract due to an approved VECP, except for innovative ideas. For innovative ideas, as determined by the Engineer, the Contractor and the Department shall share the reduction in the cost of performance as follows: Accrued Net Savings Contractor's Share % Department's Share % Less than $25,000 100 0 J -SS -6 2 -26 -03 16 F3 7 " I Accrued Net Savings Contractor's Share % Department's Share % $25,000 to $50,000 75 25 Over $50,000 50 50 The Department will not consider an approved change that is identical or similar to a previously submitted VECP or an idea previously used by the Department as an innovative idea. When collateral savings occur, the Department will provide the Contractor with 20% of the average annual net collateral savings. 4 -3.9.8 Department's Future Rights to a VECP: In the event of acceptance of a VECP, the Contractor hereby grants to the Department all rights to use, duplicate or disclose, in whole or in part, in any manner and for any purpose whatsoever, and to have or to permit others to do so, royalty free and without fee, other costs or surcharge, data reasonably necessary to fully -µ utilize such proposal on this and any other Department Contract. 2. CONTROL OF THE WORK. SUBARTICLE 5 -8.4 (Pages 39 and 40) is deleted. - 3. RESPONSIBILITY FOR DAMAGES, CLAIMS, ETC. ARTICLE 7 -12 (Pages 66 and 67) is deleted and the following substituted: 7 -12 Responsibility for Damages, Claims, etc. 7 -12.1 Contractor to Provide Indemnification: The Contractor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the construction Contract. It is specifically agreed between the parties executing this Contract that it is not -- intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terms or ° provisions of this Contract. 7 -12.2 Guaranty of Payment for Claims: The Contractor guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against him or any subcontractor, in connection with the Contract. The Department's final acceptance and payment does not release the Contractor's bond until all such claims are paid or released. 4. TEMPORARY SUSPENSION OF CONTRACTOR'S OPERATIONS. ARTICLE 8 -6 (Pages 77 and 78) is deleted and the following substituted: 8 -6 Temporary Suspension of Contractor's Operations. 8 -6.1 Authority to Suspend Contractor's Operations: The Engineer has the authority to suspend the Contractor's operations, wholly or in part. The Engineer will order such suspension J -SS -7 2 -26 -03 16 B 7 in writing, giving in detail the reasons for the suspension. Contract Time will be charged during all suspensions of Contractor's operations. The Department may grant an extension of Contract time in accordance with 8 -7.3.2 when determined appropriate in the Department's sole judgment. No additional compensation nor a time extension will be paid or granted to the Contractor when the operations are suspended for the following reasons: a. The Contractor fails to comply with the Contract Documents. b. The Contractor fails to carry out orders given by the Engineer. c. The Contractor causes conditions considered unfavorable for continuing the Work. Immediately comply with any suspension order. Do not resume operations until authorized to do so by the Engineer in writing. Any operations performed by the Contractor, and otherwise constructed in conformance with the provisions of the Contract, after the issuance of the suspension order and prior to the Engineer's authorization to resume operations will be at no cost to the Department. Further, failure to immediately comply with any suspension order will also constitute an act of default by the Contractor and is deemed sufficient basis in and of itself for the Department to declare the Contractor in default, in accordance with 8 -9, with the exception that the Contractor will not have ten calendar days to correct the conditions for which the suspension was ordered. 8 -6.2 Prolonged Suspensions: If the Engineer suspends the Contractor's operations for an indefinite period, store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily or become damaged in any way. Take every reasonable precaution to prevent damage to or deterioration of the work performed. Provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and provide any temporary structures necessary for public travel through the project. 8 -6.3 Permission to Suspend Contractor's Operations: Do not suspend operations or remove equipment or materials necessary for completing the work without obtaining the Engineer's written permission. Submit all requests for suspension of operations in writing to the Engineer, and identify specific dates to begin and end the suspension The Contractor is not entitled to any additional compensation for suspension of operations during such periods. 8 -6.4 Suspension of Contractor's Operations - Holidays: Unless the Contractor submits a written request to work on a holiday at least ten days in advance of the requested date and receives written approval from the Engineer, the Contractor shall not work on the following days: Martin Luther King, Jr. Day; Memorial Day; the Saturday and Sunday immediately preceding Memorial Day; Independence Day; Labor Day; the Friday, Saturday, and Sunday immediately preceding Labor Day; Veterans Day; Thanksgiving Day; the Friday, Saturday and Sunday immediately following Thanksgiving Day; and December 24 through January 2, inclusive. Contract Time will be charged during these holiday periods regardless of whether or not the Contractor's operations have been suspended. The Contractor is not entitled to any additional compensation for suspension of operations during such holiday periods. During such suspensions, remove all equipment and materials from the clear zone, except those required for the safety of the traveling public and retain sufficient personnel at the job site to properly meet the requirements of Sections 102 and 104. The Contractor is not entitled to any additional compensation for removal of equipment from clear zones or for compliance with Section 102 and Section 104 during such holiday periods. 5. PROSECUTION AND PROGRESS — ADJUSTING CONTRACT TIME. ARTICLE 8 -7.3 (Pages 78 -80) is deleted and the following substituted: J -SS -8 2 -26 -03 8 -7.3 Adjusting Contract Time: l 8 -7.3.1 Increased Work: The Department may grant an ex ension f Con c Time when it increases the Contract amount due to overruns in original Contract items, adds new work items, or provides for unforeseen work. The Department will base the consideration for granting an extension of Contract Time on the extent that the time normally required to complete the additional designated work delays the Contract completion schedule. 8 -7.3.2 Contract Time Extensions: The Department may grant an extension of Contract Time when a controlling item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid. The Department may allow such extension of time only for delays occurring during the Contract Time period or authorized extensions of the Contract Time period. When failure by the Department to fulfill an obligation under the Contract results in delays to the controlling construction operations, the Department will consider such delays as a basis for granting a time extension to the Contract. Whenever the Engineer suspends the Contractor's operations, as provided in 8 -6, for reasons other than the fault of the Contractor, the Engineer will grant a time extension for any delay to a controlling item of work due to such suspension. The Department will not grant time extensions to the Contract for delays due to the fault or negligence of the Contractor. The Department does not include an allowance for delays caused by the effects. of inclement weather in establishing Contract Time. The Department will grant time extensions, on a day for day basis, for delays caused only by the effects of rains or other inclement weather conditions or related adverse soil conditions prevent the Contractor from productively performing controlling items of a work resulting in: (1) The Contractor being unable to work at least 50% of the normal work day on pre - determined controlling work items due to adverse weather conditions; or (2) The Contractor must make major repairs to work damaged by weather, provided that the damage is not attributable to the Contractor's failure to perform or neglect; and provided that the Contractor was unable to work at least 50% of the normal workday on pre - determined controlling work items. No additional compensation will be made for delays caused by the effects of inclement weather. The Engineer will continually monitor the effects of weather and, when found justified, grant time extensions on either a bimonthly or monthly basis. The Engineer will - not require the Contractor to submit a request for additional time due to the effects of weather. The Department will consider the delays in delivery of materials or component equipment that affect progress on a controlling item of work as a basis for granting a time extension if such delays are beyond the control of the Contractor or supplier. Such delays may include an area - wide shortage, an industry -wide strike, or a natural disaster that affects all feasible sources of supply. In such cases, the Contractor shall furnish substantiating letters from a representative - number of manufacturers of such materials or equipment clearly confirming that the delays in delivery were the result of an area -wide shortage, an industry-wide strike, etc. The Department will not consider requests for time extension due to delay in the delivery of custom manufactured equipment such as traffic signal equipment, highway lighting equipment, etc., unless the Contractor furnishes documentation that he placed the order for such equipment in a timely manner, the delay was caused by factors beyond the manufacturer's control, and the lack of such equipment caused a delay in progress on a controlling item of work. J -SS -9 2 -26 -03 The Department will consider the affect of utility 6re PT cn an adjustment work on job progress as the basis for granting a time extension only if all the following criteria are met: (1) Delays are the result of either utility work that was not detailed in the plans, or utility work that was detailed in the plans but was not accomplished in reasonably close accordance with the schedule included in the Contract Documents. (2) Utility work actually affected progress toward completion of controlling work items. (3) The Contractor took all reasonable measures to minimize the effect of utility work on job progress, including cooperative scheduling of the Contractor's operations with the scheduled utility work at the preconstruction conference and providing adequate advance notification to utility companies as to the dates to coordinate their operations with the Contractor's operations to avoid delays. As a condition precedent to an extension of Contract Time the Contractor must submit to the Engineer: A preliminary request for an extension of Contract Time in writing to the Engineer within ten calendar days after the commencement of a delay to a controlling item of work. If the Contractor fails to submit this required preliminary request for an extension of Contract Time, the Contractor fully, completely, absolutely and irrevocably waives any entitlement to an extension of Contract Time for that delay. In the case of a continuing delay only a single preliminary request for an extension of Contract Time will be required. Each such preliminary request for an extension of Contract Time shall include as a minimum the commencement date of the delay, the cause of the delay, and the controlling item of work affected by the delay; and Further, the Contractor must submit to the Engineer a request for a Contract Time extension in writing within 30 days after the elimination of the delay to the controlling item of work identified in the preliminary request for an extension of Contract Time. Each request for a Contract Time extension shall include as a minimum all documentation that the Contractor wishes the Department to consider related to the delay, and the exact number of days requested to be added to Contract Time. If the Contractor contends that the delay is compensable, then the Contractor shall also be required to submit with the request for a Contract Time extension a detailed cost analysis of the requested additional compensation. If the Contractor fails to submit this required request for a Contract Time extension, with or without a detailed cost analysis, depriving the Engineer of the timely opportunity to verify the delay and the costs of the delay, the Contractor waives any entitlement to an extension of Contract Time or additional compensation for the delay. Upon timely receipt of the preliminary request of Contract Time from the Contractor, the Engineer will investigate the conditions, and if it is determined that a controlling item of work is being delayed for reasons beyond the control of the Contractor the Engineer will take appropriate action to mitigate the delay and the costs of the delay. Upon timely receipt of the request for a Contract Time extension the Engineer will further investigate the conditions, and if it is determined that there was an increase in the time or the cost of performance of the controlling item of work beyond the control of the Contractor, then an adjustment of Contract Time will be made, and a fiscal adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. 6. MAINTENANCE OF TRAFFIC. J -SS -10 2 -26 -03 SUBARTICLE 102 -1.4 (Page 105) is deleted and the following substituted: 1.6 B 7 `1 102 -1.4 Contractor's Responsibility: Maintain traffic starting the day work begins on the project or on the first day Contract Time is charged, whichever is earlier. Continually and adequately review all traffic control devices to ensure proper installation and working order, including monitoring of lights. 102 -1.4.1 Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating, installing, and maintaining all traffic control devices as described in this Section and in the Contract Documents. Ensure that the Worksite Traffic Supervisor has at least one year of experience directly related to worksite traffic control in a supervisory or responsible capacity and is certified by a Department approved training agency which meets the Department's maintenance of traffic training requirement for advanced training. Use approved alternate Worksite Traffic Supervisors when necessary. Ensure that the Worksite Traffic Supervisor is available on a 24 -hour per day basis, participates in all changes to traffic control and reviews the project on a day to day basis. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the traffic control plan and any changes. Provide the Worksite Traffic Supervisor with all equipment and materials needed to set up, and maintain traffic control and handle traffic - related situations. Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies. Do not allow minor deficiencies that are not immediate safety hazards to remain uncorrected for more than 24 hours. Ensure that the Worksite Traffic Supervisor is available on the site within 45 minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. The Department may disqualify and remove from the project a Worksite Traffic Supervisor that fails to comply with the provisions of this Subarticle. The Department may temporarily suspend all activities, except traffic and erosion control and such other activities that are necessary for project maintenance and safety, for failure to comply with these provisions. Ensure that the Worksite Traffic Supervisor performs a drive - through inspection and observes traffic flow as soon as the work zone is activated and in each subsequent phase of work as they are opened to traffic. Provide to the Engineer a report listing any deficiencies and proposed corrective measures. Ensure that the Worksite Traffic Supervisor conducts weekly, daytime and night time inspections within the limits of the project, of all traffic control devices traffic flow, pedestrian, bicyclist, and business accommodations. Submit a comprehensive weekly report to the Engineer and include condition of all traffic devices (including pavement markings) being used. The inspection report will also include assurances that pedestrians are accommodated with a safe travel path around work sites and safely separated from mainline traffic, that existing or detoured bicyclist paths are being maintained satisfactorily throughout the project limits, and that existing businesses in work areas are being provided with adequate entrances for vehicular and pedestrian traffic during business hours. The Worksite Traffic Supervisor will sign the report and certify that all of the above issues are being handled in accordance with the Contract Documents. If deficiencies are noted, the Worksite Traffic Supervisor is to note such deficiencies and include the proposed corrective actions. 7. TRAFFIC CONTROL - MOT DEVICES. J -SS -11 2 -26 -03 SUBARTICLE 102 -3.2 (Pages 107 and 108) is expanded as follows: 1687 ?1 102 -3.2.7 Portable Arrow Boards: 102 - 3.2.7.1 Scope: These Specifications expand the basic requirements that all portable arrow boards must meet the physical display and operational requirements as described in the MUTCD. Manufacturers seeking approval of their arrow board shall provide the Department with a prototype unit to be evaluated in accordance with these Specifications and certify that the furnished unit meets all requirements specified herein. 102 - 3.2.7.2 Display Panel and Housing: (a) The display housing assembly shall be weather -tight to protect the panel from the elements. (b) All nuts, bolts, washers and other fasteners shall be of corrosion resistant material. (c) The display assembly shall be equipped with an automatic dimming operational mode capable of a minimum of 50% dimming and a separate manual dimmer switch. (d) The display panel background and frame for the display assembly shall be painted flat black and must meet Federal Specification TT -E -489. (e) Display panel and housing shall be designed and constructed to allow the unit to be operated in the displayed position at speeds of 30 mph [50 k/h]. In the down position it shall b designed for speeds of 65 mph [105 k/h]. (f) The display panel, when raised in the upright position, will have a minimum height of 7 feet [2.1 m] from the bottom of the panel to the ground, in accordance with the MUTCD. (g) The unit shall have an accessible mechanism to easily raise and lower the display assembly. A locking device shall also be provided to ensure the display panel will remain in the raised or lowered position. 102 - 3.2.7.3 Arrow Board Matrix: (a) The minimum legibility distance for various traffic conditions are based on the decision -sight distance concept. The minimum legibility distance is the distance at which the arrow panel message can be comprehended by a driver on a sunny day or a clear night. The arrow panel size that is needed to meet the legibility distance is listed as follows: Type Minimum Size Number of PanelMinimum Legibility amps Distance 30 by 60 inches 13 3/4 mile [750 by 1,500 mm] [1.0 km] C 48 by 96 inches 15 1 1 mile [1,200 by 2,500 mm] 1[1.5 km] For use on the state highway system, the Types "B" or "C" advance warning arrow boards may be used for low to intermediate (0 to 50 mph) [(0 to 80 km/h)] facilities and for maintenance or moving operations on high -speed roadways. Type "C" arrow boards shall be used on high -speed (50 mph and up) [(80 km/h and up)]. (b) Devices shall meet all arrow board displays identified in the MUTCD. (c) The lamp lens should be 5 3/4 inches [145 mm] in diameter. Smaller lamp lens diameters are permissible only if they provide an equivalent or greater brightness indication and meet the legibility criteria in Section (a) of this Specification. J -SS -12 2 -26 -03 2 �. 6 B 7 - (d) The color of the light emitted shall be in accordance with the MUTCD. (e) There shall be a 360 degree hood for close -up glare reduction. (f) For solar powered arrow boards the bulbs shall provide a 350 candle power intensity for day use and an automatic reduction or dimming capacity for night use. The dimmed night operation shall provide adequate indication without excessive glare. (g) The flashing rate of the lamps shall not be less than 25 nor more than 40 - flashes per minute as required in the MUTCD. (h) The minimum lamp "on time" shall be 50% for the flashing arrow and 25% for the sequential chevron. 102 - 3.2.7.4 Electrical System: For diesel engines the following shall apply: (a) The power supply and electrical system shall be self contained within the unit. _ (b) The engine shall have an electrical starting system. (c) The power source furnished shall be of sufficient size so as to provide the required maximum load energy plus 25 %. (d) The electrical system shall meet the National Electrical Code where applicable. (e) A backup power system that shall operate the unit for a minimum of three hours automatically when the motor driven generator fails to operate. (f) The starting batteries and back -up power supply system batteries shall be automatically charged when the generator is operating. (g) The engine shall be supplied with an ammeter and the generator shall be supplied with a volt meter showing voltage to the sign assembly. For solar powered units the following shall apply: (a) The unit shall provide automatic recharging of power supply batteries to normal operating levels. (b) Solar array recovery time shall be accomplished in a maximum of three hours. 102- 3.2.7.5 Battery Life Test: The following shall apply to batteries: (a) The photovoltaic unit shall be able to operate from a full battery charge without sunlight for a period of not less than 21 days. (b) The battery shall be equipped with a controller to prevent overcharging and over - discharging. An external battery level indicator shall also be provided. (c) The battery, controller, and power panel shall be designed to be protected from the elements and vandalism. 102 - 3.2.7.6 Controller: (a) Controller and control panel shall be housed in a weather, dust, and vandal resistant lockable cabinet. (b) The controller shall be solid -state in design and function. 102- 3.2.7.7 Support Chassis: The following shall apply: (a) The support chassis shall be self - contained and self- supporting without the use of additional equipment or tools. (b) Both trailer and truck mounted units are allowed. (1) Trailer mounted unit: (a) The sign, power supply unit and all support systems shall be mounted on a steel, wheeled trailer with a minimum capacity of 2,600 pounds [1,180 kilograms]. (b) The trailer shall be equipped with class -A lights, using a plug adaptor. (c) The trailer shall be equipped with adjustable outrigger leveling pads (screw- type), one on each of the four frame corners. J -SS -13 2 -26 -03 1667?1 (d) The trailer shall be designed to be set up at the site with its own chassis and outriggers, without being hitched to a vehicle. (e) The trailer shall be equipped with fenders over the tires and shall be made from heavy duty metal sufficient to allow a person to stand and operate or perform maintenance on the unit. (f) The trailer shall meet all equipment specifications set forth in Chapter 316 of the Florida Statutes, and by such rule, regulation or code that may be adopted by the Department of Highway Safety and Motor Vehicles. (2) Truck mounted unit: (a) The truck mounted assembly shall be designed to fit on a 1/2 ton or greater duty truck. (b) The unit shall be self contained with its own power supply, controls, raising and lowering device and shall be capable of being operated by one person. (c) The unit shall be secured in the vehicle for normal operation. 102- 3.2.7.8 Other Requirements: (a) The portable arrow board assembly shall be designed to function in dry, wet, hot or cold weather (ambient temperature ranges from -30 to 165 °F [ -35 to 78 °C]. Other environmental requirements shall be as specified in Section 615. (b) The controller shall not be affected by mobile radio, or any other radio transmissions. (c) An operator's manual shall be furnished with each unit. (d) The manufacturer's name and FDOT approval number shall be affixed on the equipment. (e) The arrow board shall be listed on the Qualified Products List (QPL). 102 -3.2.8 Portable Changeable Message Signs: 102 - 3.2.8.1 Scope. These Specifications expand the basic requirement that all Portable Changeable Message Signs (PCMS's) must meet the physical display and operational requirements as described in the MUTCD. Manufacturers seeking approval for their PCMS shall provide the Department with a prototype unit to be evaluated in accordance with these Specifications and certify that the unit meets all requirements specified herein. Permanent installations can be used but will be evaluated for each specific project or installation. These standards shall include but not be limited to the following: 102- 3.2.8.2 Display Panel and Housing: (a) The display housing assembly shall be weather -tight to protect the panel from the elements. (b) All nuts, bolts, washers and other fasteners shall be of a corrosive resistant material. (c) The message matrix panel background and frame for the changeable message assembly shall be painted flat black (must meet Federal Specification TT -E -489). (d) Servicing of all message matrix panel components shall be accomplished from the front of the message matrix panel. (e) Each message matrix panel shall provide a glare screen for each message line to aid against sun glare for non - reflecting type signs. (f) The display panel, when raised in the upright position, will have a minimum height of 7 feet [2.1 m] from the bottom of the panel to the ground. (g) The unit shall have an accessible mechanism to easily raise and lower the display assembly. A locking device shall also be provided to ensure the display panel will remain in the raised or lowered position. J -SS -14 2 -26 -03 102 - 3.2.8.3 Message Matrix: 1687 (a) The overall dimensions of the message matrix panel shall be a maximum height of 7 feet [2.1 m] by a width of 10 feet [3.0 m]. (b) The message matrix panel shall contain three separate lines. Each line shall consist of eight characters, equally spaced a minimum of 3 inches [75 mm]. Each character shall contain 35 pixels in a five by seven horizontal to vertical grid arrangement. (c) Each message line shall provide for a nominal 18 inch [450 mm] character height. (d) For flip disk matrix signs, the disk elements shall be coated on the display side with a highly reflective florescent yellow Mylar material, and on the back with a flat black to blend in with the flat black background. (e) Similar components shall be interchangeable. 102 - 3.2.8.4 Electrical System: For diesel engines the following shall apply: (a) The power supply and electrical system shall be self contained within the unit. (b) The power source furnished shall be of sufficient size so as to provide - the required maximum load energy plus 25 %. (c) The electrical system shall meet the National Electrical Code where applicable. (d) A lightning protection device shall be provided for stationary equipment. (e) The engine shall have an electrical starting system. (f) A backup power system shall be provided that will operate the unit for a minimum of three hours automatically when the motor driven generator fails to operate. (g) An automatic charging system to recharge the starting and backup power supply batteries, when the generator is operating. (h) The engine shall be supplied with an ammeter and the generator shall be supplied with a volt meter showing voltage to the sign assembly. For solar powered units the following shall apply: (a) The photovoltaic unit shall be designed to provide 21 days of continuous operation without sunlight with a minimum of on site maintenance. (b) Automatic recharging of power supply batteries shall be provided. 102- 3.2.8.5 Battery Life Test: (a) The battery shall be equipped with a battery controller to prevent overcharging and over - discharging. An external battery level indicator shall be provided. (b) The battery, controller, and power panel shall be designed to be - protected from the elements and vandalism. 102 - 3.2.8.6 Controller: (a) Controller and control panel shall be housed in a weather, dust, and vandal proof lockable cabinet. (b) The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. (c) The controller shall be solid state in design and function. (d) The control panel shall display a representative message that will be displayed on the sign panel. (e) The flash rate shall be adjustable in the sign controller from one to ten seconds. J -SS -15 2 -26 -03 102 - 3.2.8.7 Operation and Performance: 16 B 7 (a) The message shall be displayed in upper case except when lower case is project specific and is allowed by the MUTCD. (b) The message matrix panel shall be visible from 1/2 mile [0.8 km] and legible from a distance of 900 feet [280 m] under both day and night conditions. Under variable light level conditions the sign shall automatically adjust it's light source so as to meet the 900 feet [280 m] visibility requirement. (c) The control panel shall have the capability to store a minimum 50 pre- programmed messages. (d) The controller in the control panel shall be able to remember messages during non - powered conditions. (e) The controller shall allow the operator to generate additional messages on site via the keyboard. (f) For a PCMS using Flip -Disk technology, the controller shall have the capability to provide a stipulated default message upon loss of controller function. (g) All messages shall be flashed or sequenced. In the sequence mode, the controller shall have the capability to sequence three line messages during one cycle. 8. TRAFFIC CONTROL - USE OF ORANGE VESTS. ARTICLE 102 -3 (Pages 106 -111) is expanded by the following new Subarticle: 102- 3.2.8.8 Use of Orange Vests: Provide Contractor personnel with orange vests and require that these vests be worn whenever the workers are within 15 feet [5 m] of the edge of the travelway. Workers operating machinery or equipment in which loose clothing could become entangled during operation are exempt from this requirement. Such exempt workers will be required to wear orange shirts or jackets. Require Contractor personnel to wear reflective orange vest during nighttime operations. Replace faded vests. 9. WORK ZONE SIGNS. ARTICLE 102 -3 (Pages 106 -111) is expanded by the following new Subarticle: 102 -3.5 Work Zone Signs: Work Zone Sign Panels include all Warning and Temporary Regulatory Signs, as identified in the MUTCD and the Roadway and Traffic Design Standards, Index 600. Obtain manufacturer certification that the Work Zone signs meet the requirements of the Roadway and Traffic Design Standards, MUTCD, and this Section. Provide signing in accordance with the Roadway and Traffic Design Standards, unless otherwise shown in the plans. 102 -3.5.1 Temporary Regulatory Signs: For Interstate, Expressway, and Turnpike facilities, provide signs with dimensions of 4 foot by 4 foot [1.2 m by 1.5 m]. For all other facilities, provide signs having minimum dimensions of 2 foot by 2.5 foot [0.6 m by 0.8 m]. 10. CLEARING AND GRUBBING. SECTION 110 (Pages 126 -134) is deleted and the following substituted: SECTION 110 J -SS -16 2 -26 -03 CLEARING AND GRUBBING 1q., 16B7 110 -1 Description. Clear and grub within the areas of the roadway right -of -way and of borrow pits, sand -clay base material pits, lateral ditches, and any other areas shown in the plans to be cleared and grubbed. Remove and dispose of all trees, stumps, roots and other such protruding objects, buildings, structures, appurtenances, existing flexible asphalt pavement, and other facilities necessary to prepare the area for the proposed construction. Remove and dispose of all product and debris not required to be salvaged or not required to complete the construction. Also, perform certain miscellaneous work the Engineer considers necessary for the complete preparation of the overall project site, as follows: _ (a) Plug any water wells that are encountered within the right -of -way and that are to be abandoned. (b) Level the terrain outside the limits of construction for purposes of facilitating maintenance and other post - construction operations in accordance with 110 -10.3. (c) Trim trees and shrubs within the project right -of -way that are identified in the Contract Documents. - Meet the requirements for such miscellaneous work as specified in 110 -10. 110 -2 Standard Clearing and Grubbing. 110 -2.1 Work Included: Completely remove and dispose of all buildings, timber, brush, stumps, roots, rubbish, debris, and all other obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas, and all other structures and obstructions necessary to be removed and for which other items of the Contract do not specify the removal thereof, including septic tanks, building foundations, and pipes. Perform Standard Clearing and Grubbing within the following areas: (a) All areas where excavation is to be done, including borrow pits, lateral ditches, right -of -way ditches, etc. (b) All areas where roadway embankments will be constructed. (c) All areas where structures will be constructed, including pipe culverts and other pipe lines. 110 -2.2 Depths of Removal of Roots, Stumps, and Other Debris: In all areas where excavation is to be performed, or roadway embankments are to be constructed, remove roots and other debris to a depth of 12 inches [300 mm] below the ground surface. Remove roots and other debris from all excavated material to be used in the construction of roadway embankment or roadway base. Plow the surface to a depth of at least 6 inches [ 150 mm], and remove all roots thereby exposed to a depth of at least 12 inches [300 mm]. Completely remove and dispose of all stumps within the roadway right -of -way. Remove all roots, etc., protruding through or appearing on the surface of the completed excavation within the roadway area and for structures, to a depth of at least 12 inches [300 mm] below the finished excavation surface. Remove or cut off all stumps, roots, etc., below the surface of the completed excavation in borrow pits, material pits, and lateral ditches. In borrow and material pits, do not perform any clearing or grubbing within 3 feet [1.0 m] inside the right -of -way line. Within all other areas where Standard Clearing and Grubbing is to be performed remove roots and other debris projecting through or appearing on the surface of the original J -SS -17 2 -26 -03 B 7 ground to a depth of 12 inches [300 mm] below the surface, but do not plow or harrow these areas. 110 -2.3 Trees to Remain: As an exception to the above provisions, where so directed by the Engineer, trim, protect, and leave standing desirable trees within the roadway area. Trim branches of trees extending over the area occupied by the roadway as directed, to give a clear height of 16 feet [5 m] above the roadway. 110 -2.4 Boulders: Remove any boulders encountered in the roadway excavation (other than as permitted under the provisions of 120 -7.2) or found on the surface of the ground. When approved by the Engineer place boulders in neat piles inside the right of way. The Contractor may stockpile boulders encountered in Department- furnished borrow areas, which are not suitable for use in the embankment construction, within the borrow area. 110 -3 Selective Clearing and Grubbing. The Contractor shall remove and dispose of all vegetation, obstructions, etc., as provided above except that, where so elected, the Contractor may cut roots, etc., flush with the ground surface. Completely remove and dispose of stumps. Entirely remove undergrowth except in specific areas designated by the Engineer to remain for aesthetic purposes. Trim, protect, and leave standing desirable trees, with the exception of such trees as the Engineer may designate to be removed in order to facilitate right -of -way maintenance. Remove undesirable or damaged trees as so designated by the Engineer. Perform Selective Clearing and Grubbing only in areas so designated in the plans. 110 -4 Protection of Property Remaining in Place. Protect and do not displace property obstructions which are to remain in place, such as buildings, sewers, drains, water or gas pipes, conduits, poles, walls, posts, bridges, etc. 110 -5 Removal of Buildings. 110 -5.1 Parts to be Removed: Completely remove all parts of the buildings, including utilities, plumbing, foundations, floors, basements, steps, connecting concrete sidewalks or other pavement, septic tanks, and any other appurtenances, by any practical manner which is not detrimental to other property and improvements. Remove utilities to the point of connection to the utility authorities cut -in. After removing the sewer connections to the point of cut -in, construct a concrete plug at the cut -in point, as directed by the Engineer, except where the utility owners may elect to perform their own plugging. Contact the appropriate utility companies prior to removal of any part of the building to ensure disconnection of services. 110 -5.2 Removal by Others: Where buildings within the area to be cleared and grubbed are so specified to be removed by others, remove and dispose of any foundations, curtain walls, concrete floors, basements or other foundation parts which might be left in place after such removal of buildings by others. 110 -6 Removal of Existing Structures. 110 -6.1 Structures to be Removed: Remove and dispose of the materials from existing structures. Remove the following: (1) those structures, or portions of structures, shown in the plans to be removed; (2) those structures, or portions of structures, found within the limits of the area to be cleared and grubbed, and directed by the Engineer to be removed; (3) those structures, or portion of structures, which are necessary to remove in order to construct new structures; and (4) other appurtenances or obstructions which may be designated in the Contract Documents as to be included in an item of payment for the work under this Article. J -SS -18 2 -26 -03 1687 110 -6.2 Method of Removal: 110 -6.2.1 General: Remove the structures in such a way as to leave n obstructions to any proposed new structures or to any waterways. Pull, cut off, or break off pilings to the requirements of the permit or other Contract Documents, whichever requires the deepest removal, but not less than 2 feet [0.6 m] below the finish ground line. In the event that the plans indicate channel excavation to be done by others, consider the finish ground line as the limits of such excavation. For materials which are to remain the property of the Department or are to be salvaged for use in temporary structures, avoid damage to such materials, and entirely remove all bolts, nails, etc. from timbers to be so salvaged. Mark structural steel members for identification as directed. 110 -6.2.2 Removal Of Steel Members With Hazardous Coatings: Provide to the Engineer for approval, a copy of the "Contractor's Lead in Construction Compliance Program" from the firm actually removing and disposing of these steel members before any members are disturbed. Vacuum power tool clean any coated steel member to bare metal as defined by SSPC -SP11 a minimum of 4 inches [50 mm] either side of any area to be heated (torch cutting, sawing, grinding, etc.) in accordance with 29 CFR 1926.354. Abrasive blasting is prohibited. Provide air supplied respirators in accordance with 29 CFR 1926.62 and 29 CFR 1910.134. 110 -6.3 Partial Removal of Bridges: On concrete bridges to be partially removed and widened, remove concrete by manually or mechanically operated pavement breakers, by concrete saws, by chipping hammers, or by hydro - demolition methods. Do not use explosives. Where concrete is to be removed to neat lines, use concrete saws or hydro - demolition methods capable of providing a reasonably uniform cleavage face. If the equipment used will not provide a uniform cut without surface spalling, first score the outlines of the work with small trenches or grooves. For all demolition methods, submit for review and approval of the Engineer, a demolition plan that describes the method of removal, equipment to be used, types of rebar splices or couplers, and method of straightening or cutting rebars. In addition, for hydro - demolition, describe the method for control of water or slurry runoff and measures for safe containment of concrete fragments that are thrown out by the hydro- demolition machine. 110 -6.4 Authority of U.S. Coast Guard: For structures in navigable waters, when constructing the project under authority of a U.S. Coast Guard permit, the U.S. Coast Guard may inspect and approve the work to remove any existing structures involved therein, prior to acceptance by the Department. 110 -7 Removal of Existing Pavement. Remove and dispose of existing rigid Portland cement concrete pavement, sidewalk, slope pavement, ditch pavement, curb, and curb and gutter etc., where shown in the plans or ordered by the Engineer to be removed or where required because of the construction operations. Retaining walls, drainage structures and flexible asphalt pavement are not included in the work under this Article. 110 -8 Ownership of Materials. Except as may be otherwise specified in the Contract Documents, the Contractor shall take ownership of all buildings, structures, appurtenances, and other materials removed by him and shall dispose of them in accordance with 110 -9. J -S 5 -19 2 -26 -03 I 110 -9 Disposal of Materials. 1687 R i 110 -9.1 General: Either stack materials designated to remain the property of the Department in neat piles within the right -of -way or load onto the Department's vehicles. Dispose of timber, stumps, brush, roots, rubbish, and other objectionable material resulting from clearing and grubbing in areas and by methods meeting the applicable requirements of all Local, State and Federal regulations. Do not block waterways by the disposal of debris. 110 -9.2 Burning Debris: Where burning of such materials is permitted, perform all such burning in accordance with the applicable laws, ordinances, and regulations. Perform all burning at locations where trees and shrubs adjacent to the cleared area will not be harmed. 110 -9.3 Timber and Crops: The Contractor may sell any merchantable timber, fruit trees, and crops that are cleared under the operations of clearing and grubbing for his own benefit, subject to the provisions of 7 -1.2, which may require that the timber, fruit trees, or crops be burned at or near the site of their removal, as directed by the Engineer. The Contractor is liable for any claims which may arise pursuant to the provisions of this Subarticle. 110 -9.4 Hazardous Materials/Waste: Handle, transport and dispose of hazardous materials in accordance with all Local, State and Federal requirements including the following: a. SSPC Guide 7 b. Federal Water Pollution Control Act, and c. Resource Conservation and Recover Act (RCRA). Accept responsibility for the collection, sampling, classification, packaging, labeling, accumulation time, storage, manifesting, transportation, treatment and disposal of hazardous waste, both solid and liquid. Separate all solid and liquid waste and collect all liquids used at hygiene stations and handle as hazardous materials /waste. Obtain written approval from the Engineer for all hazardous materials /waste stabilization methods before implementation. Obtain an EPA/FDEP Hazardous Waste Identification Number (EPA/FDEP ID Number) before transporting and/or disposal of any hazardous materials /waste. List the Department as the generator of all hazardous materials /waste. Submit the following for the Engineers' approval before transporting, treatment or disposal of any hazardous materials /waste: a. Name, address and qualifications of the transporter, b. Name, address and qualifications of the treatment facility, c. Proposed treatment and/or disposal of all Hazardous Materials/Waste. Transport all hazardous materials /waste in accordance with applicable 40 CFR 263 Standards. Provide a copy of all completed Hazardous Materials/Waste manifest/bills of lading to the Engineer within 21 days of each shipment. 110 -9.4.1 Steel Members With Hazardous Coating: Dispose of steel members with hazardous coating in one of the following manners: (a) Deliver the steel members and other hazardous waste to a licensed recycling or treatment facility capable of processing steel members with hazardous coating. (b) Deliver the steel members with hazardous coating to a site designated by the Engineer for use as an offshore artificial reef. Deliver any other hazardous materials /waste to a licensed hazardous materials /waste recycling treatment facility. Dismantle and/or cut steel members to meet the required dimensions of the recycling facility, treatment facility or offshore artificial reef agency. All compensation for the cost of removal and disposal of hazardous materials /waste will be included in the Cost of Removal of Existing Structures. J -SS -20 2 -26 -03 INN-111YA'i 110 -9.4.2 Certification of Compliance: Furnish two copies of Certification of Compliance from the firm actually removing and disposing of the hazardous materials /waste stipulating, the hazardous materials /waste has been handled, transported and disposed of in accordance with this Specification. The Certification of Compliance shall be attested to by a person having legal authority to bind the company. Maintain all records required by this Specification and ensure these records are available to the Department upon request. 110 -10 Miscellaneous Operations. 110 -10.1 Water Wells Required to be Plugged: Fill or plug all water wells within the right -of -way, including areas of borrow pits and lateral ditches, that are not to remain in service, in accordance with applicable Water Management District rules or the Department of Environmental Protection regulations. Cut off the casing of cased wells at least 12 inches [300 mm] below the ground line or 12 inches [300 mm] below the elevation of the finished excavation surface, whichever is lower. Water wells, as referred to herein, are defined either as artesian or non - artesian, as follows: _ (a) An artesian well is an artificial hole in the ground from which water supplies may be obtained and which penetrates any water - bearing rock, the water in which is raised to the surface by natural flow or which rises to an elevation above the top of the water - -- bearing bed. Artesian wells are further defined to include all holes drilled as a source of water that penetrate any water -bearing beds that are a part of the artesian water system of Florida, as determined by representatives of the applicable Water Management District. (b) A non - artesian (water - table) well is a well in which the source of water is an unconfined aquifer. The water in a non - artesian well does not rise above the source bed. When the plans do not indicate whether a non - flowing well is artesian or non - artesian, obtain this information from the Engineer. 110 -10.2 Landscape Areas: When certain areas of the right -of -way, outside of the limits of construction, are shown in the plans or designated by the Engineer to be landscaped, either under the construction Contract or at a later time, remove undesirable trees, stumps, undergrowth, and vegetation, as directed, and preserve and trim natural growth and trees as directed by the Engineer. 110 -10.3 Leveling Terrain: Within the areas between the limits of construction and the outer limits of clearing and grubbing, fill all holes and other depressions, and cut down all mounds and ridges. Make the area of a sufficient uniform contour so that the Department's subsequent mowing and cutting operations are not hindered by irregularity of terrain. Perform this work regardless of whether the irregularities were the result of construction operations or existed originally. 110 -10.4 Mailboxes: When the Contract Documents require furnishing and installing mailboxes, permit each owner to remove the existing mailbox. Work with the Local Postmaster to develop a method of temporary mail service for the period between removal and installation of the new mailboxes. Install the mailboxes in accordance with the AASHTO publication, "A Guide for Erecting Mailboxes on Highways ". 110 -11 Method of Measurement. 110 -11.1 Clearing and Grubbing: When direct payment is provided in the Contract, the quantity to be paid for will be the lump sum quantity. J -SS -21 2 -26 -03 1637 110 -11.2 Removal of Existing Structures: When direct payment -is provided in the Contract, the quantity to be paid for will be the lump sum quantity or quantities for the specific structures removed, as designated. 110 -11.3 Removal of Existing Pavement: Payment for removal of flexible asphalt pavement is included in the Lump Sum price for Clearing and Grubbing. When a separate item for Removal of Existing Pavement is provided, the quantity to be paid for will be the number of square yards [square meters] of existing pavement of the types listed in 110 -7, acceptably removed and disposed of, as specified. The quantity will be determined by actual measurement along the surface of the pavement before its removal. Measurements for appurtenances which have irregular surface configurations, such as curb and gutter, steps, and ditch pavement, will be the area as projected to an approximate horizontal plane. Where the removal of pavement areas is necessary only for the construction of box culverts, pipe culverts, storm sewers, inlets, manholes, etc., these areas will not be included in the measurements. 110 -11.4 Plugging Water Wells: When direct payment is provided in the Contract, the quantity to be paid for will be the number of water wells plugged, for each type of well (artesian or non - artesian). 110 -11.5 Mailboxes: When direct payment is provided in the Contract, the quantity to be paid for will be the number of mailboxes acceptably furnished and installed. 110 -11.6 Delivery of Salvageable Material to the Department: When direct payment is provided in the Contract, the quantity to be paid for will be the Lump Sum quantity for delivery of salvageable materials to the Department as indicated in the plans. 110 -11.7 General: In each case, except as provided below, where no item of separate payment for such work is included in the proposal, all costs of such work will be included in the various scheduled items in the Contract, or under specific items as specified herein below or elsewhere in the Contract. 110 -12 Basis of Payment. 110 -12.1 Clearing and Grubbing: 110- 12.1.1 Lump Sum Payment: Price and payment will be full compensation for all clearing and grubbing required for the roadway right -of -way and for lateral ditches, channel changes, or other outfall areas, and any other clearing and grubbing indicated, or required for the construction of the entire project, including all necessary hauling, furnishing equipment, equipment operation, furnishing any areas required for disposal of debris, leveling of terrain and the landscaping work of trimming, etc., as specified herein, except for any areas designated to be paid for separately or to be specifically included in the costs of other work under the Contract. Where construction easements are specified in the plans and the limits of clearing and grubbing for such easements are dependent upon the final construction requirements, no adjustment will be made in the lump sum price and payment, either over or under, for variations from the limits of the easement defined on the plans. 110- 12.1.2 When No Direct Payment is Provided: When no item for clearing and grubbing is included in the proposal, the Contractor shall include the cost of any work of clearing and grubbing which is necessary for the proper construction of the project in the Contract price for the structure or other item of work for which such clearing and grubbing is required. The Contractor shall include the cost of all clearing and grubbing which might be necessary in pits or areas from which base material is obtained in the Contract price for the base in which such material is used. The clearing and grubbing of areas for obtaining stabilizing materials, where required only for the purpose of obtaining materials for stabilizing, will not be paid for separately. J -SS -22 2 -26 -03 110 -12.2 Removal of Existing Structures: Price and payment will be full compensation for all work of removal and disposal of the designated structures. When direct payment for the removal of existing structures is not provided in the proposal, the Contractor shall include the cost of removing all structures in the Contract price for Clearing and Grubbing or, if no item of Clearing and Grubbing is included, in the compensation for the other items covering the new structure being constructed. 110 -12.3 Removal of Existing Pavement: Price and payment will be full compensation for performing and completing all the work of removal and satisfactory disposal. When no separate item for this work is provided and no applicable item of _ excavation or embankment covering such work (as provided in 120 -13.1) is included, the Contractor shall include the costs of this work in the Contract price for the item of Clearing and Grubbing or for the pipe or other structure for which the pavement removal is required. 110 -12.4 Plugging Water Wells: Price and payment will be full compensation for each type of well acceptably plugged. _ If a water well requiring plugging is encountered and the Contract contains no price for plugging wells of that specific type, the plugging of such well will be paid for as unforeseeable work. 110 -12.5 Mailboxes: Price and payment will be full compensation for all work and materials required, including supports and numbers. 110 -12.6 Delivery of Salvageable Material to the Department: Price and payment will be full compensation for all work required for delivery of the materials to the Department. 110 -12.7 Payment Items: Payment will be made under: Item No. 110- 1- Clearing and Grubbing - lump sum. Item No. 2110- 1- Clearing and Grubbing - lump sum. Item No. 110- 3- Removal of Existing Structures - lump sum. Item No. 2110- 3- Removal of Existing Structures - lump sum. Item No. 110- 4- Removal of Existing Pavement - per square yard. Item No. 2110- 4- Removal of Existing Pavement - per square meter. Item No. 110- 5- Plugging Water Wells (Artesian) - each. ® Item No. 2110- 5- Plugging Water Wells (Artesian) - each. Item No. 110- 6- Plugging Water Wells (Non- Artesian) - each. Item No. 2110- 6- Plugging Water Wells (Non- Artesian) - each. Item No. 110- 7- Mailbox (Furnish and Install) - each. Item No. 2110- 7- Mailbox (Furnish and Install) - each. Item No. 110- 86- Delivery of Salvageable Material to FDOT - lump sum. Item No. 2110- 86- Delivery of Salvageable Material to FDOT - lump sum. 11. EXCAVATION AND EMBANKMENT. SECTION 120 (Pages 135 -150) is deleted and the following substituted: SECTION 120 EXCAVATION AND EMBANKMENT 120 -1 Description. 120 -1.1 General: Excavate and construct embankments as required for the roadway, ditches, channel changes and borrow material. Prepare subgrades and foundations, construct embankments, and otherwise use or dispose of the materials excavated. Use suitable excavated J -SS -23 2 -26 -03 1667 materials or authorized borrow. Also compact and dress excavated areas and embankments. For excavation and backfilling of structures, refer to Section 125. Excavate materials for clearing and grubbing under Section 110. Material displaced by the storm sewer or drainage structure system is not included in the earthwork quantities shown on the plans. 120 -1.2 Unidentified Areas of Contamination: When encountering or exposing any abnormal condition indicating the presence of a hazardous or toxic waste, or contaminants, cease operations immediately in the vicinity and notify the Engineer. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions that appear abnormal may indicate hazardous or toxic wastes or contaminants and must be treated with extreme caution. Make every effort to minimize the spread of contamination into uncontaminated areas. Immediately provide for the health and safety of all workers at the job site and make provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Provisions shall meet all applicable laws, rules or regulations covering hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Engineer will notify the District Contamination Assessment Coordinator who will coordinate selecting and tasking the Department's Contamination Assessment/Remediation Contractor (CAR). Provide access to the potential contamination area. Preliminary investigation by the CAR Contractor will determine the course of action necessary for site security and the steps necessary under applicable laws, rules, and regulations for additional assessment and/or remediation work to resolve the contamination issue. The CAR Contractor will delineate the contamination area(s), any staging or holding area required, and, in cooperation with the Prime Contractor and Engineer, develop a work plan that will provide the CAR Contractor's operations schedule with projected completion dates for the final resolution of the contamination issue. The CAR Contractor will maintain jurisdiction over activities inside any outlined contaminated areas and any associated staging holding areas. The CAR Contractor will be responsible for the health and safety of workers within the delineated areas. Provide continuous access to these areas for the CAR Contractor and representatives of regulatory or enforcement agencies having jurisdiction. Both Contractors shall use the schedule as a basis for planning the completion of both work efforts. The Engineer may grant the Contract Time extensions according to the provisions of 8- 7.3.2. Cooperate with the CAR Contractor to expedite integration of the CAR Contractor's operations into the construction project. The Prime Contractor is not expected to engage in routine construction activities, such as excavating, grading, or any type of soil manipulation, or any construction processes required if handling of contaminated soil, surface water or ground water is involved. All routine construction activities will be by the CAR Contractor. Adjustments to quantities or to Contract unit prices will be made according to work additions or reductions on the part of the Prime Contractor in accordance with 4 -3. The Engineer will direct the Prime Contractor when operations may resume in the affected area. 120 -2 Classifications of Excavation. J -SS -24 2 -26 -03 6 7 ,. 120 -2.1 General: The Department may classify excavation specified under this Section for payment as any of the following: (1) Regular Excavation, (2) Subsoil Excavation, (3) Lateral Ditch Excavation, and (4) Channel Excavation. - If the proposal does not show Subsoil Excavation or Lateral Ditch Excavation as separate items of payment, include such excavation under the item of Regular Excavation. If the proposal shows Lateral Ditch Excavation as a separate item of payment, but does not show Channel Excavation as a separate item of payment, include such excavation under the item of Lateral Ditch Excavation. Otherwise, include Channel Excavation under the item of Regular Excavation. 120 -2.2 Regular Excavation: Regular Excavation includes roadway excavation and borrow excavation, as defined below for each. 120 -2.2.1 Roadway Excavation: Roadway Excavation consists of the excavation and the utilization or disposal of all materials necessary for the construction of the roadway, ditches, channel changes, etc., except as may be specifically shown to be paid for separately and that portion of the lateral ditches within the limits of the roadway right -of -way as shown in the plans. 120 -2.2.2 Borrow Excavation: Borrow Excavation consists of the excavation and - . utilization of material from authorized borrow pits, including only material that is suitable for the construction of roadway embankments or of other embankments covered by the Contract. A Value Engineering Change Proposal (VECP) submittal based on using borrow material from within the project limits will not be considered. 120 -2.3 Subsoil Excavation: Subsoil Excavation consists of the excavation and disposal of muck, clay, rock, or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, consider the finished grading template as the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, consider the finished grading template as the - finished shoulder and slope lines and bottom of completed base or rigid pavement. For pond and ditches that identify the placement of a blanket material, consider the finished grading template as the bottom of the blanket material. Subsoil Excavation also consists of the excavation of all suitable material within the above limits as necessary to excavate the unsuitable material. Consider the limits of Subsoil Excavation indicated on the plans as being particularly variable, in accordance with the field conditions actually encountered. - The quantity of material required to replace the excavated material and to raise the elevation of the roadway to the bottom of the template will be paid for under Embankment or Borrow Excavation (Truck Measure). 120 -2.4 Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches --. parallel to the roadway right -of -way. Dress lateral ditches to the grade and cross - section shown in the plans. 120 -2.5 Channel Excavation: Channel Excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. 120 -3 Preliminary Soils Investigations. When the plans contain the results of a soil survey, do not assume such data is a guarantee of the depth, extent, or character of material present. 120 -4 Removal of Unsuitable Materials and Existing Roads. J -SS -25 2 -26 -03 • i 120 -4.1 Subsoil Excavation: Where muck, rock, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross - sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill material to the required cross - sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance, from the lines shown in the plans as the removal limits, of ±0.2 feet [ ±60 mm] in depth and ±6 inches [ ±150 mm] (each side) in width. 120 -4.2 Removal of Existing Old Road: Where a new roadway is to be constructed over an old one, plow or scarify the old road, and break it up full width, regardless of height of fill. If the plans provide that paving materials may be incorporated into the fill, distribute such material in a manner so as not to create voids. 120 -4.3 Obliterating Old Road: Where the plans call for obliteration of portions of an old road outside of the proposed new roadway, obliterate such sections of the old road by grading to fill ditches and to restore approximately the original contour of the ground or a contour which produces a pleasing appearance. 120 -5 Disposal of Surplus and Unsuitable Material. 120 -5.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right -of -way. 120 -5.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 120 -5. 1, when approved by the Engineer, in rural undeveloped areas, the Contractor may place muck (A -8 material) on the slopes, or store it alongside the roadway, provided there is a clear distance of at least 6 feet [2 m] between the roadway grading limits and the muck, and the Contractor dresses the muck to present a neat appearance. In addition, the Contractor may also dispose of this material by placing it on the slopes in developed areas where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right -of -way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 120 -5.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the right -of -way. If the materials are to remain the property of the Department, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 120 -5.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right -of -way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet [90 m] from the nearest roadway right -of -way line of any State - maintained road. If the materials are buried, disregard the 300 foot [90 m] limitation. 120 -6 Borrow. 120 -6.1 Materials for Borrow: Do not open borrow pits until the Engineer has approved their location. J -SS -26 2 -26 -03 Do not provide borrow materials that are polluted as defined in Chapter 376 of the Florida Statutes (oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine, and derivatives thereof, excluding liquefied petroleum gas) in concentrations above any local, State, or Federal standards. Prior to placing any borrow material that is the product of soil incineration, provide the Engineer with a copy of the Certificate of Materials Recycling and Post Burn Analysis showing that the material is below all allowable pollutant concentrations. 120 -6.2 Furnishing of Borrow Areas: Furnish areas for borrow. To obtain the Engineer's approval to use an off -site construction activity area that involves excavation such as a borrow pit or local aggregate pit, request in writing, a Cultural Resources Assessment. Send the request to the Division of Historical Resources, Department of State, State Historic Preservation Officer, Tallahassee, FL. As a minimum, include in the request the State Project Job Number, the County, a description of the property with Township, Range, Section, etc., the dimensions of the area to be affected, and a location map. Do not start any work at the off -site construction activity area until receiving a clearance letter from the Division of Archives and written clearance from the Engineer concerning compliance with the Federal Endangered Species Act as specified in 7 -1.4. For certain locations, the Division of Archives will require a Cultural Resources Field Survey before approval can be granted. When this is required, secure professional archaeological services to make the survey and prepare a report. Submit the report to the Division of Archives with a copy to the Department. The Engineer will base final approval or rejection of the use of the off -site construction activity area on the report. Before receiving approval or use of borrow areas, obtain written clearance from the engineer concerning compliance with the Federal Endangered Species Act as specified in 7- 1.4 and Section 4(f) of the USDOT Act as specified in Section 7 -1.7. The Department will adjust Contract Time in accordance with 8 -7 for any suspension of operations required to comply with this Article. The Department will not accept any monetary claims due to delays or loss of off -site construction activity areas. Except where the plans specifically call for the use of a particular borrow or dredging area, the Contractor may substitute borrow or dredging areas of his own choosing provided: (1) the Engineer determines the materials from such areas meet the Department's standards and other requirements for stability for use in the particular sections of the work in which it is to be placed, and (2) the Contractor absorbs any increase in hauling or other costs. Before using any borrow material from any substitute areas, obtain the Engineer's approval, in writing, for the use of the particular areas, and, where applicable, ensure that the Engineer has cross - sectioned the surface. Upon such written approval by the Engineer, consider the substitute areas as designated borrow areas. - When furnishing the dredging or borrow areas, supply the Department with evidence that the necessary permits, rights, or waivers for the use of such areas have been secured. Do not excavate any part of a Contractor furnished borrow area which is less than 300 feet [90 m] from the right -of -way of the project or any State Road until the Engineer has approved a plan for landscaping and restoring the disturbed area. Perform this landscaping and - land restoration at no expense to the Department, prior to final acceptance of the project. Do not provide a borrow area closer than 25 feet [8 m] to the right -of -way of any state road. In Department furnished borrow pits, do not excavate material within 5 feet [1.5 m] of the adjacent property lines. J -SS -27 2 -26 -03 16B7 Upon completion of excavation, neatly shape, dress, grass, vegetate, landscape,` and drain all exposed areas including haul roads, as necessary so as not to present an objectionable appearance. Meet the requirements of Section 104 when furnishing borrow areas, regardless of location. 120 -6.3 Borrow Material for Shoulder Build -up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. Include all costs of providing a material with the required bearing value in the Contract unit price for borrow material. 120 -6.4 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Department, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non - public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 120 -6.5 Authorization for Use of Borrow: When the item of Borrow Excavation is included in the Contract, use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120 -7 Materials for Embankment. 120 -7.1 Use of Materials Excavated From the Roadway and Appurtenances: Be responsible for determining the suitability of excavated material for use on the project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120 -7.2 General Requirements for Embankment Materials: Construct embankments of acceptable material including broken Portland cement concrete pavement and Portland cement concrete rubble, but containing no muck, stumps, roots, brush, vegetable matter, rubbish, reinforcement bar or other material that does not compact into a suitable and enduring roadbed. Remove and waste material designated as undesirable. Use material in embankment construction in accordance with plan details or as the Engineer directs. Complete the embankment using maximum particle sizes as follows: In top 12 inches [300 mm]: 3 1/2 inches [90 mm] (in any dimension). 12 to 24 inches [300 to 600 mm]: 6 inches [150 mm] (in any dimension). In the depth below 24 inches [600 mm]: not to exceed 12 inches [300 mm] (in any dimension) or the compacted thickness of the layer being placed, whichever is less. Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120 -9.2. When and where approved by the Engineer, the Contractor may place larger rocks (not to exceed 18 inches [450 mm] in any dimension) outside the two to one slope and at least 4 feet [1.2 m] or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Compact grassed embankment areas in accordance with 120- 9.2.6. J -SS -28 2 -26 -03 Where constructing embankments adjacent to bridge end bens '221 d not place rock larger than 3 1/2 inches [90 mm] in diameter within 3 feet [1.0 m] of the location of any end -bent piling. 120 -7.3 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. 120 -8 Embankment Construction. 120 -8.1 General: Construct embankments in sections of not less than 300 feet [90 m] in length or for the full length of the embankment. 120 -8.2 Dry Fill Method: 120 -8.2.1 General: Except as provided below for material placed on unstable ground and for materials used for flattening slopes, construct embankments in successive layers of not more than 8 inches [200 mm] in thickness, measured loose, for the full width of the embankment. However, the Contractor may construct embankments in successive layers of not more than 12 inches [300 mm] compacted thickness, if he can demonstrate with field tests that he has compacting equipment sufficient to achieve density required by 120 -9.2 for the full depth of a thicker lift, and if the compactive effort is approved by the Engineer. Construct all layers approximately parallel to the centerline profile of the road. The Engineer will base his approval on the results of a test section the Contractor constructed using his specified compactive effort. Construct the test section with a - minimum length of 300 feet [90 m], full width, and a maximum length of 1,000 feet [300 m]. Once approved, if there is a change in soil classification of the embankment materials, construct a new test section. Do not change the compactive effort once a test section is approved. The Engineer reserves the right to terminate the Contractor's use of thick lift construction and have him revert to the 8 inch [200 mm] loose lifts whenever it is determined that satisfactory results are not being achieved. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120 - 8.2.1.1 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches /ditches, using sand blankets, sumps and siphons. When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120 - 8.2.2. 120 -8.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120 -8.2.1 and 120 - 8.2.3. 120 -8.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. J -SS -29 2 -26 -03 ■ 120 -8.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately two to one), place such material in layers of not more than 18 inches [450 mm] in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum slope, in 18 inch [450 mm] layers. 120 -8.3 Hydraulic Method: 120 -8.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is rehandled, or moved and placed in its final position by any other method, as specified in 120 -8.2. The Contractor may use baffles or any form of construction he may select provided the slopes of the embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. 120 -8.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high -water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. 120 -8.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material within 200 feet [60 m] of the toe of the proposed embankment. 120 -9 Compaction Requirements. 120 -9.1 Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120 -9.2 Compaction of Embankments: 120 -9.2.1 Density Requirements: Except for embankment constructed by the hydraulic method as specified in 120 -8.3 and for the material placed outside the standard minimum slope as specified in 120 - 8.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to a density of at least 100% of the maximum density as determined by AASHTO T 99, Method C. Uniformly compact each layer, using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. 120 -9.2.2 Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches [300 mm] (as provided in 120 - 8.2.2), compact the top 6 inches [150 mm] (compacted thickness) of such Iayer to the density as specified in 120 - 9.2.1. 120 -9.2.3 Compaction Where Plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A -4, A -5, A -6, or A -7 Soil Groups (see Florida Sampling and Testing Methods, M145), as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi [ 1.7 MPa] on the tamper feet, for the full width of the roadbed J -SS -30 2 -26 -03 (subgrade and shoulders). Perform rolling before beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch [25 mm]. Do not perform such rolling where the remaining surface is below the normal water table and covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 120 -9.2.4 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. 120 -9.2.5 Compaction of Grassed Shoulder Areas: For the upper 6 inches [150 mm] layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. 120 -9.2.6 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches [150 mm] for the subsequent seeding or planting operations. 120 -9.3 Compaction for Pipes, Culverts, etc.: Compact the backfill of trenches to the densities specified for embankment or subgrade, as applicable, and in accordance with the requirements of 125 -8. Thoroughly compact embankments over and around pipes, culverts, and bridges in a manner which will not place undue stress on the structures, and in accordance with the requirements of 125 -8. 120 -9.4 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade area (as defined in 1 -3) in both cuts and fills to the density specified in 120 - 9.2.1. Do not apply density requirements where constructing narrow widening strips 4 feet [1.2 m] or less - on undisturbed soil. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench rollers, or -` other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade. 120 -10 Maintenance and Protection of Work. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet [1 m] wide adjacent to all pavement or base construction in order to provide support for the edges. Maintain all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair, at no expense to the Department, except as otherwise provided herein, any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Perform maintenance and protection of earthwork construction in accordance with Section 104. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross - sections shown in the plans, until final acceptance of the project. 120 -11 Construction. 120 -11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades, and cross - sections shown in the plans. In final shaping of the surface of earthwork, J -SS -31 2 -2G -03 1667! maintain a tolerance of 0.3 foot [90 mm] above or below the plan cross - section with the following exceptions: 1. Shape the surface of shoulders to within 0.1 foot [30 mm] of the plan cross - section. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3. Shape the bottom of ditches so that the ditch impounds no water. 4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot [30 mm] above or below the plan cross - section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot [90 mm] from the true lines shown in the plans. 120 -11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. 120 -12 Method of Measurement. 120 -12.1 General: When payment for excavation is on a volumetric basis, the quantity to be paid for will be the volume, in cubic yards [cubic meters], calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer, unless otherwise specified under the provisions for individual items. Where Subsoil Excavation extends outside the lines shown in the plans or authorized by the Engineer including allowable tolerances, and the space is backfilled with material obtained in additional authorized roadway or borrow excavation, the net fill, plus shrinkage allowance, will be deducted from the quantity of Roadway Excavation or Borrow Excavation to be paid for, as applicable. The quantity of all material washed, blown, or placed beyond the authorized roadway cross - section will be determined by the Engineer and will be deducted from the quantity of Roadway Excavation or Borrow Excavation to be paid for, as applicable. Subsoil Excavation that extends outside the lines shown in the plans or authorized by the Engineer including allowable tolerances will be deducted from the quantity to be paid for as Subsoil Excavation. 120 -12.2 Roadway Excavation: The measurement will include only the net volume of material excavated between the original ground surface and the surface of the completed earthwork, except that the measurement will also include all unavoidable slides which may occur in connection with excavation classified as Roadway Excavation. The pay quantity will be the plan quantity provided that the excavation was accomplished in substantial compliance with the plan dimensions and subject to the provisions of 9 -3.2 and 9 -3.4. On designated 3 -R Projects, Regular Excavation will be paid for at the Contract lump sum price provided that the excavation was accomplished in substantial compliance with the plan dimension. 120 -12.3 Borrow Excavation: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. If measurement is made in vehicles, level the material to facilitate accurate measurement. J -SS -32 2 -26 -03 16 7 p its where truck measurement is borrow Unsuitable material excavated from provided for and from any borrow pits furnished by the Contractor, will not be included in the quantity of excavation to be paid for. - 120 -12.4 Lateral Ditch Excavation: The measurement will include only material excavated within the lines and grades indicated in the plans or as directed by the Engineer. The measurement will include the full station -to- station length shown in the plans or directed by the w- Engineer and acceptably completed. Excavation included for payment under Section 125 will not be included in this measurement. The pay quantity will be the plan quantity provided that the excavation was accomplished in substantial compliance with the plan dimensions and subject to the provisions of 9 -3.2 and 9 -3.4. 120 -12.5 Channel Excavation: The measurement will include only material excavated within the lines and grades indicated in the plans or in accordance with authorized plan changes. The measurement will include the full station -to- station length shown in the plans including any authorized changes thereto. If shoaling occurs subsequent to excavation of a channel and the Engineer authorized the shoaled material to remain in place, the volume of any such material remaining within the limits of channel excavation shown in the plans will be deducted from the measured quantity of Channel Excavation. 120 -12.6 Subsoil Excavation: The measurement will include only material excavated within the lines and grades indicated in the plans (including the tolerance permitted therefore) or as directed by the Engineer. When no item for Subsoil Excavation is shown in the proposal but Subsoil — Excavation is subsequently determined to be necessary, such unanticipated Subsoil Excavation will be paid for as provided in 4 -4. 120 -12.7 Embankment: The quantity will be at the plan quantity. - Where payment for embankment is not to be included in the payment for the excavation, and is to be paid for on a cubic yard [cubic meter] basis for the item of Embankment, the plan quantities to be paid for will be calculated by the method of average end areas unless the Engineer determines that another method of calculation will provide a more accurate result. The measurement will include only material actually placed above the original ground line, within the lines and grades indicated in the plans or directed by the Engineer. The length used in the _- computations will be the station -to- station length actually constructed. The original ground line used in the computations will be as determined prior to placing of embankment subject to the provisions of 9 -3.2, and no allowance will be made for subsidence of material below the surface of the original ground. If there are authorized changes in plan dimensions or if errors in plan quantities are detected, plan quantity will be adjusted as provided in 9 -3.2. Where the work includes excavation of unsuitable material below the finished grading template or original ground line, whichever is lower as defined in 120 -2.3, the original ground line is defined as the surface prior to beginning excavation, except that this surface is not outside the permissible tolerance of lines and grades for Subsoil Excavation as indicated in the plans or as directed by the Engineer. Any overrun or underrun of plan quantity for Subsoil Excavation which results in a corresponding increase or decrease in embankment will be considered as an authorized plan change for adjustment purposes as defined in 9- 3.2.2. No payment will be made for embankment material used to replace unsuitable material excavated beyond the lines and grades shown in the plans or ordered by the Engineer. J -SS -33 2 -26 -03 16 B 7 71 In no case will payment be made for material allowed to run out of the embankment on a flatter slope than indicated on the cross - section. The Contractor shall make his own estimate on the volume of material actually required to obtain the pay section. 120 -13 Basis of Payment. 120 -13.1 General: Prices and payments for the various work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; maintaining and protecting the complete earthwork; and hauling. The Department will not allow extra compensation for any rehandling of materials. The Department will compensate for the cost of grassing or other permanent erosion control measures directed by the Engineer as provided in the Contract for similar items of roadway work. 120 -13.2 Excavation: 120 - 13.2.1 Items of Payment: When no classification of material is indicated in the plans, and bids are taken only on Regular Excavation, the total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Regular Excavation. When separate classifications of excavation are shown in the proposal, the quantities of each of the various classes of materials so shown will be paid for at the Contract unit prices per cubic yard [cubic meter] for Regular Excavation, Lateral Ditch Excavation, Subsoil Excavation, and Channel Excavation, as applicable, and any of such classifications not so shown will be included under the item of Regular Excavation (except that if there is a classification for Lateral Ditch Excavation shown and there is no classification for Channel Excavation, any channel excavation will be included under the item of Lateral Ditch Excavation). As an exception, on designated Projects, Regular Excavation will be paid for at the Contract lump sum price. 120 - 13.2.2 Basic Work Included in Payments: Prices and payments will be full compensation for all work described under this Section, except for any excavation, or embankment which is specified to be included for payment under other items. Such prices and payments will include hauling; any rehandling that may be necessary to accomplish final disposal as shown in the plans; the dressing of shoulders, ditches and slopes; removal of trash, vegetation, etc., from the previously graded roadway where no item for clearing and grubbing is shown in the plans; and compacting as required. 120 - 13.2.3 Additional Depth of Subsoil Excavation: Where Subsoil Excavation is made to a depth of 0 to 5 feet [0 to 1.5 m] below the depth shown on the Contract plans, such excavation will be paid for at the unit price bid. Where Subsoil Excavation is made to a depth greater than 5 feet [1.5 m], and up to 15 feet [4.5 m], deeper than the depth shown on the Contract plans, such excavation will be paid for at the unit price bid plus 25% of such unit price. Additional extra depth, more than 15 feet [4.5 m] below such plan depth, will be considered as a change in the character of the work and will be paid for as Unforeseeable Work. Where no subsoil excavation is shown in a particular location on the original plans, payment for extra depth of subsoil will begin 5 feet [1.5 m] below the Iowest elevation on the grading template. 120- 13.2.4 Borrow Excavation: When the item of Borrow Excavation is included in the Contract, price and payment will also include the cost of furnishing the borrow areas and any necessary clearing and grubbing thereof, the removal of unsuitable material that it is J -SS -34 2 -26 -03 necessary to excavate in order to obtain suitable borrow material, and also the �stnn - complying with the provisions of 120 -6.4. 120- 13.2.5 Materials Excluded from Payment for the Excavation: No payment as -- excavation will be made for any excavation covered for payment under the item of Embankment. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer; except that, in the operations of roadway excavation, all slides and falls of insecure masses of material beyond the regular slopes and not due to lack of precaution on the part of the Contractor will be paid for at the Contract unit price for the material involved. The removal of slides and falls of material classified as Lateral Ditch Excavation or as Subsoil Excavation will not be paid for separately, but will be included in the Contract unit price for the pay quantity of these materials, measured as provided in 120 -12. 120 -13.3 Embankment: 120 - 13.3.1 General: Price and payment will be full compensation for all work specified in this Section, including all material for constructing the embankment; all excavating, dredging, pumping, placing and compacting of material for constructing the embankment complete; dressing of the surface of the roadway, maintenance and protection of the completed earthwork, and the removal of rubbish, vegetation, etc., from the roadway, where no clearing and grubbing of the area is specified in the plans. Also, such price and payment, in each case, will specifically include all costs of any roadway, lateral ditch, or channel excavation, unless such excavation is specifically shown to be paid for separately, regardless of whether the materials are utilized in the embankment. - 120- 13.3.2 Excluded Material: No payment will be made for the removal of muck or overburden from the dredging or borrow areas. No payment will be made for embankment material used to replace muck or other unsuitable material excavated beyond the lines and grades shown in the plans or ordered by the Engineer. 120 - 13.3.3 Clearing and Grubbing: No payment will be made for any clearing and grubbing of the borrow or dredging areas. Where no clearing and grubbing of such areas is specified in the plans, the cost of any necessary clearing and grubbing will be included in the Contract unit or lump sum price for Embankment. 120 - 13.3.4 Cost of Permits, Rights, and Waivers: Where the Contractor provides borrow or dredging areas of his own choosing, the cost of securing the necessary permits, rights or waivers will be included in the Contract price for Embankment. 120 -13.4 Payment Items: Payment will be made under: Item No. 120- 1- Regular Excavation - per cubic yard. Item No. 2120- 1- Regular Excavation - per cubic meter. �. Item No. 120- 2- Borrow Excavation - per cubic yard. Item No. 2120- 2- Borrow Excavation - per cubic meter. Item No. 120- 3- Lateral Ditch Excavation - per cubic yard. Item No. 2120- 3- Lateral Ditch Excavation - per cubic meter. Item No. 120- 4- Subsoil Excavation - per cubic yard. Item No. 2120- 4- Subsoil Excavation - per cubic meter. Item No. 120- 5- Channel Excavation - per cubic yard. Item No. 2120- 5- Channel Excavation - per cubic meter. Item No. 120- 6- Embankment - per cubic yard. - Item No. 2120- 6- Embankment - per cubic meter. Item No. 120 -71- Regular Excavation (3 -R Projects) - lump sum. J -SS -35 2 -26 -03 ijItem No. 2120 -71- Regular Excavation (3 -R Projects)- lump sum. 16B7 �, 12. BACKFILLING. SUBARTICLE 125 -8.2 (Page 155). The heading is deleted and the following substituted: 125 -8.2 Requirements for Structures Other than Pipe: SUBARTICLE 125 -8.3 (Page 156). The heading is deleted and the following substituted: 125 -8.3 Requirements for Pipe 15 Inches [375 mm] Inside Diameter or Greater: SUBARTICLE 125 - 8.3.3.2 (Page 157) is deleted and the following substituted: 125 - 8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to a minimum of 100% of the maximum density as determined by AASHTO T 99, Method C. Place the material in lifts no greater than 6 inches [ 150 mm] (compacted thickness). 13. OPTIONAL BASE COURSE. SECTION 285 (Pages 211 -213) is deleted and the following substituted: SECTION 285 OPTIONAL BASE COURSE 285 -1 Description. Construct a base course composed of one of the optional materials shown on the typical cross - sections. 285 -2 Materials. Meet the material requirements as specified in the Section covering the particular type of base to be constructed. Limerock.................. ............................... ........................Section 911 Graded Aggregate .... ............................... ........................Section 204 Sand -Clay Base ........ ............................... ........................Section 912 ShellBase ................. ............................... ........................Section 913 Shell- Rock ............. ............................... ........................Section 913A Coquina Shell ........... ............................... ........................Section 915 Soil- Cement ............. ............................... ........................Section 270 Asphalt .................... ............................... Section 234 or Section 280 285 -3 Selection of Base Option. The plans will include typical cross - sections indicating the various types of base construction (material and thickness) allowable. J -SS -36 2 -26 -03 1 Select one base option as allowed for each typical cross - section shown in the plans. Only one base option is permitted for each typical cross - section. Notify the Engineer in writing of the base option selected for each typical cross - section at least 45 calendar days prior to beginning placement of base material. 285 -4 Construction Requirements. Construct the base in accordance with the Section covering the particular type of base to be constructed. Limerock.................. ............................... ........................Section 200 Graded Aggregate .... ............................... ........................Section 204 Sand -Clay Base ........ ............................... ........................Section 240 ShellBase ................. ............................... ........................Section 250 Shell-Rock ........................................ ............................... Section Soil- Cement ............. ............................... ........................Section 270 Asphalt .................... ............................... Section 234 or Section 280 285 -5 Variation in Earthwork Quantities. The plans will identify the optional materials used by the Department for determining the earthwork quantities (Roadway Excavation, Borrow Excavation, Subsoil Excavation, Subsoil Earthwork, or Embankment). The Department will not revise the quantities, for those items having final pay based on plan quantity, to reflect any volumetric change caused by the Contractor's selection of a different optional material. 285 -6 Thickness Requirements. 285 -6.1 Measurements: When the Department is ready to check the finished base or granular subbase component of a composite base for thickness, provide traffic control, coring/boring equipment, and an operator for the coring/boring equipment. Provide traffic control in accordance with the standard maintenance of traffic requirements of the Contract. The Department will make no additional payment for traffic control or coring/boring. The Engineer will select the coringiboring locations and make the acceptance measurements. Have a Contractor representative present during the entire coring/boring operations for acceptance purposes. Except for asphalt base courses, the Engineer will measure the thickness of the base or subbase through holes, at least 3 inches [75 mm] in diameter, bored at random points on the cross - section and along the roadway. The Engineer will locate each hole to represent a section of main roadway no longer than 200 feet [60 m], regardless of the number of lanes. The Engineer will determine the thickness of the base or subbase on shoulders and widening separate from the main roadway and will locate each hole to represent a section no longer than 500 feet [150 m] on alternate sides of shoulder or widening. For subbases, meet the thickness requirements of 290 -4. The Engineer will determine the thickness of asphalt base courses in accordance with 330 -16. 285 -6.2 Correction of Deficient Areas: For non - asphalt bases, correct all areas of the completed base having a deficiency in thickness in excess of 1/2 inch [13 mm] by scarifying and adding additional base material. As an exception, if authorized by the Engineer, such areas may be left in place without correction and with no payment. - For asphalt bases, correct all areas of deficient thickness in accordance with 330- 15. J -SS -37 2 -26 -03 16 B 7'1 285 -7 Calculation of Average Thickness of Base. For bases that are not mixed in place, the Department will determine the average thickness from the measurements specified in 285 -6.1, calculated as follows; (a) When the measured thickness is more than 1/2 inch [13 mm] greater than the design thickness shown on the typical cross - section in the plans, it will be considered as the design thickness plus 1/2 inch [13 mm]. (b) Average thickness will be calculated per typical cross - section for the entire job as a unit. (c) Any areas of base left in place with no payment will not be included in the calculations. (d) Where it is not possible through borings to distinguish the base materials from the underlying materials, the thickness of the base used in the measurement will be the design thickness. 285 -8 Method of Measurement. The quantity to be paid for will be the plan quantity area in square yards [square meters], omitting any areas where under - thickness is in excess of the allowable tolerance as specified in 285 -6. The pay area will be the surface area, determined as provided above, adjusted in accordance with the following formula: Pay Area = Surface Area ( Calculated Average Thickness per 285 - 7 ) Plan Thickness The pay area shall not exceed 105% of the surface area. There will be no adjustment of the pay area on the basis of thickness for base courses constructed utilizing mixed -in -place operations. 285 -9 Basis of Payment. Price and payment will be full compensation for all work specified in this Section, including tack coat between base layers, prime coat, cover material for prime coat, bituminous material used in bituminous plant mix, and cement used in soil- cement. Where the plans include a typical cross - section which requires the construction of an asphalt base only, price adjustments for bituminous material provided for in 9 -2.1.1 will not apply to that typical cross - section. For typical cross - sections which permit the use of asphalt or other materials for construction of an optional base, price adjustments for bituminous material provided for in 9 -2.1.1 will not apply. Payment will be made under: Item No. 285 -7- Optional Base - per square yard. Item No. 2285 -7- Optional Base - per square meter. 14. APPLICATION OF TACK COAT — WHERE REQUIRED. SUBARTICLE 300 -7.2 (Page 219) is deleted and the following substituted: 300 -7.2 Where Required: In general, the Engineer will not require a tack coat on primed bases except in areas that have become excessively dirty and cannot be cleaned, or in areas where J -SS -38 2 -26 -03 the prime has cured to the extent that it has lost all bonding effect. Place a tack coat on all asphalt base courses before placing the structural course. 15. HOT BITUMINOUS MIXTURES — PLANT METHODS AND EQUIPMENT. 6 7 SECTION 320 (Pages 233 -241) is deleted and the following substituted:..x. SECTION 320 HOT BITUMINOUS MIXTURES - -' PLANT, METHODS, AND EQUIPMENT 320 -1 General. This Section specifies the plant and methods of operation for preparing all plant -mixed hot bituminous mixtures for surface courses and bases, and the requirements for the equipment to be used in the construction of the pavements and bases. 320 -2 Requirements for All Plants. - 320 -2.1 The Overall Plant: 320 -2.1.1 General: Design, manufacture, coordinate, and operate the asphalt plant in a manner that will consistently produce a mixture within the job mix tolerances and temperatures specified. 320 -2.1.2 Electronic Weigh Systems with Automatic Ticket Printout: Equip the asphalt plant with one of the following three electronic weigh systems capable of automatically printing a delivery ticket: 1. Automatic batch plant with printout (in accordance with 320 -2.3). 2. Electronic weigh system on hopper beneath a surge or storage bin. 3. Electronic weigh system on the truck scales. Include, as a minimum, the following information on the printed delivery ticket: (a) Sequential load number. (b) Project number. (c) Date. (d) Name and location of plant. (e) Type of mix. (f) Place for hand - recording mix temperature. (g) Truck number. (h) Gross, tare, and net weights (as applicable). -., (i) Accumulated total of mix. 0) Tons [metric tons]. Print the delivery ticket with an original and at least one copy. Furnish the original to the Engineer at the plant and one copy to the Engineer at the paving site. 320 -2.2 Truck Scales: 320 -2.2.1 Scale Requirements: Weigh plant -mixed hot bituminous mixture, whether from batch, continuous mix, or drum mixer plants, on certified truck scales furnished by the Contractor, regardless of the method of measurement for payment. However, when the Contractor provides a fully automatic batch plant equipped with an automatic recordation system approved by the Engineer, the Contractor may use the automatic recordation system to determine the net weight of each truck load. J -SS -39 2 -26 -03 16B7 "1 The Engineer may approve other electronic weight systems to determine the weight of asphalt mix being loaded into a truck. Use a system that has an automatic printout, is certified every six months by an approved certified scale technician, and meets weekly comparison checks with certified truck scales as specified in 320 -2.3. The Engineer will allow a maximum permissible deviation of 8 pounds per ton [4 kg per metric ton] of load. Use scales of the type which directly indicate the total weight of the loaded truck. Use scales meeting the requirements for accuracy, condition, etc., of the Bureau of Weights and Measures of the Florida Department of Agriculture, and recertify such fact every six months, either by the Bureau of Weights and Measures or by a registered scale technician. 320 -2.2.2 Checking Truck Scales: Check the accuracy of the truck scales at the commencement of production and thereafter at least once a week during production by the following: (a) The Engineer will randomly select a loaded truck of asphalt mix and record the truck number and gross weight from the Contractor's delivery ticket. (b) Weigh the selected truck on a certified truck scale which is not owned by the Contractor and the gross weight will be recorded by the Engineer for the comparison checks. If another certified truck scale is not available, the Engineer may permit another set of certified truck scales owned by the Contractor to be used. (c) The gross weight of the loaded truck as shown on the Contractor's delivery ticket will be compared to the gross weight of the loaded truck from the other certified truck scale. The maximum permissible deviation is 8 pounds per ton [4 kg per metric ton] of load. (d) If the distance from the asphalt plant to the nearest certified truck scale is enough for fuel consumption to affect the accuracy of the comparison checks, a fuel adjustment may be calculated by using the truck odometer readings for the distance measurement, and 6.1 miles per gallon [2.6 kilometers per liter] for the fuel consumption rate, and 115 ounces per gallon [860 grams per liter] for fuel weight. (e) During production, when an additional certified truck scale is not available for comparison checks, the Engineer may permit the Contractor to weigh the truck on his certified scales used during production and then weigh it on another certified truck scale, as soon the other scale is available for the comparison checks. In addition to the periodic checks as specified above, check the scales at any time the accuracy of the scales becomes questionable. When such inaccuracy does not appear to be sufficient to seriously affect the weighing operations, the Engineer will allow a period of two calendar days for the Contractor to effect the required scales check. However, in the event, the indicated inaccuracy is sufficient to seriously affect the mixture, the Engineer may require immediate shut -down until the accuracy of the scales has been checked and necessary corrections have been made. Include the cost of all scale checks in the bid price for asphaltic concrete, at no additional cost to the Department. 320 -2.3 Automatic Printer System: In lieu of truck scales, the Contractor may provide an approved automatic printer system which will print the individual or cumulative weights of aggregate and liquid asphalt delivered to the pugmill and the total net weight of the asphalt mix measured by hopper scales or load cell type scales. Use the automatic printer system only in conjunction with automatic batching and mixing control systems that have been approved by the Engineer. For the purpose of project recordation, the Department will take ownership of the original weight printed delivery tickets, tapes, or digital records, including the records of off - project mixes furnished during production runs for the Department. J -SS -40 2 -26 -03 16B7 Certify the batch scales and the accuracy of the automatic printer at least once every six months. Ensure that an approved certified scale technician furnishes such certification. Check the accuracy of the batch scales and printer system at the commencement of production and thereafter at least once a week during production for the Department by the following: (a) The Engineer will randomly select a loaded truck of asphalt mix and record the truck number, tare and gross weights of the truck and the net weight of the asphalt mix from the Contractor's delivery ticket. (b) Weigh the selected truck on a certified truck scale which is not owned by the Contractor. The Engineer will record the gross weight of the loaded truck. If another certified truck scale is not available within a reasonable distance, the Engineer may permit a set of certified truck scales owned by the Contractor to be used. (c) Deliver the asphalt mix to the project, then weigh the selected empty truck on the same certified truck scales. The Engineer will record the tare weight of the truck. (d) Compare the net weight of the asphalt mix from the Contractor's delivery ticket to the net weight of the asphalt mix as determined by the certified truck scale weights. The maximum permissible deviation is 8 pounds per ton [4 kg per metric ton] of load. (e) Use the fuel adjustment as specified in 320 -2.2.3 (d), when the distance from the asphalt plant to the nearest certified truck scale is enough for fuel consumption to affect the accuracy of the comparison checks. (f) During production, when an additional certified truck scale is not available for comparison checks, the Engineer may permit the Contractor to load a truck with aggregate from the pugmill and follow the above procedures to conduct the comparison checks as soon as certified truck scale is available. If the check shows a greater difference, then recheck on a second set of certified scales. If the check and recheck indicate that the printed weight is out of tolerance, have a certified scale technician check the batch scales and certify the accuracy of the printer. While the printer system is out of tolerance and before its adjustment, the Contractor may continue production only if he makes provisions to use a set of certified truck scales to determine the truck weights. In the event of a malfunction of the automatic printer and if the plant is equipped with an electronic display, the Engineer may complete the blank automatic delivery ticket from the electronic display until the printer can be repaired but for a period not to exceed 48 hours. 320 -2.4 Equipment for Preparation of Bituminous Material: Equip bituminous material storage tanks to heat liquid asphalt under effective and positive control to the temperatures required for the various mixtures. Heat using hot -oil, steam, electricity, or other means whereby no flame comes in contact with the tank. Use a circulating system of adequate size to ensure proper and continuous circulation during the entire operating period. Use steam or hot -oil jacketed pipe lines and fittings to prevent heat loss. Locate a thermometer, reading from 200 to 400OF [90 to 200 0C], either in the storage tank or in the bituminous feed line. Locate a sampling device on the discharge piping exiting the storage tank or at a location as approved by the -- Engineer. 320 -2.5 Cold Feed: Provide a separate cold bin for each component of the fine and coarse aggregates required by the design mix. Equip the cold bins with accurate mechanical means for feeding the aggregates uniformly into the dryer in the proportions required for the finished mix to maintain uniform production and temperature. 320 -2.6 Dryer: Provide a dryer of any satisfactory design for heating and drying the mineral aggregates. Use a dryer capable of heating the aggregates to within the specified J -SS -41 2 -26 -03 1667° temperature range for any mix, and equip the dryer with an electric pyrometer placed at the " discharge chute to automatically register the temperature of the heated aggregates. 320 -2.7 Gradation Unit: Provide plant screens capable of separating the fine and coarse aggregates and of further separating the coarse aggregate into specific sizes. (The coarse aggregate is defined as the aggregate retained on the No. 10 [2.00 mm] screen.) In addition, equip the gradation unit with a scalping screen to restrict the maximum size of the aggregates. 320 -2.8 Hot Bins: Provide storage bins of sufficient capacity to supply the mixer when it is operating at full capacity. Provide hot bins with divided compartments to ensure separate and adequate storage of the appropriate fractions of the aggregate. Equip each compartment with an overflow chute of suitable size and location to prevent any backing up of material into other bins. 320 -2.9 Bituminous Control Unit: Provide a satisfactory means, either by weighing, metering, or volumetric measuring, to obtain the proper amount of bituminous material in the mix, within the tolerance specified for the job mix. Provide either steam or hot -oil jacketing for maintaining the bituminous material at the specified temperature in the pipe lines, meters, weigh buckets, spray bars, and other containers of flow lines. 320 -2.10 Pugmills: For all pugmills, do not exceed a clearance of 1 inch [25 mm] between the paddle tips and the lining of the pugmill. For pugmills with both long and short paddle arms, apply this requirement to the long arms only. When any paddle is worn more than 3/4 inch [20 mm] from its original dimensions, replace or restore it to its original dimensions. Operate the pugmills in the manner recommended by the manufacturer. 320 -2.11 Sampling of Hot Aggregates: Provide a convenient and accurate means for obtaining samples of hot aggregates from each bin before the material enters the pugmill. 320 -2.12 Hot Storage or Surge Bins: Use hot storage or surge bins with the Engineer's approval. 320 -2.13 Contractor's Responsibilities: Acceptance of any automatic delivery ticket printout, electronic weight delivery ticket, other evidence of weight of the materials or approval of any particular type of materials or production methods will not constitute agreement by the Department that such matters are in accordance with the Contract Documents and it shall be the Contractor's responsibility to ensure that the materials delivered to the project are in accordance with the Contract Documents. 320 -3 Special Requirements for Batch Plants. 320 -3.1 Batch Scales: For scales for any weigh box or hopper, use either the beam type or the springless -dial type of a standard make and design, sensitive to 0.5% of the maximum load that may be required. Have a registered scale technician certify the accuracy of the scales every six months, or as often as the Engineer may deem necessary to ensure their continued accuracy. When the batch scales of a fully automatic plant are equipped with an automatic recordation system approved by the Engineer, the Contractor may use the automatic recordation system to record the individual batch weights and the net weight per truck load in lieu of the use of trucks scales. 320 -3.2 Weigh Box or Hopper: Equip the batch plant with a means for accurately weighing each bin size of aggregate and the mineral filler into the weigh box or hopper. Suspend the weigh box or hopper on scales. Use a weigh box or hopper of ample size to hold a full batch without running over. Support it on fulcrums and knife edges, so constructed that they will not be thrown out of alignment or adjustment during hatching operations. Use gates both on the hot bins and on the weigh box or hopper that are constructed to prevent leakage. 320 -3.3 Volumetric Meter: J -SS -42 2 -26 -03 1687 320 -3.3.1 Design: When measuring the bituminous material volumetrically, equip the plant with an automatic volumetric meter. Use a volumetric meter designed and constructed to automatically measure the required amount of liquid asphalt into each batch, within a tolerance of 0.4%. Use a dial, which indicates the amount of bituminous material, with a sensitivity of at least 1 115 inches [8 mm] movement of the pointer per gallon [liter], or 0.2 in/lb [11 mm/kg]. Use a meter with a capacity at least 10% in excess of the volume of bituminous material used in any batch, constructed so that any dial setting may be locked and will automatically reset after the addition of bituminous material to each batch. Place the dial in full view of the mixer operator. 320 -3.3.2 Arrangement: Hot -oil or steam jacket any part of the meter that is a part of the bituminous feed line. Use one or more jacketed spray bars whose individual lengths are not less than 75% of the length of the pugmill to deliver the liquid asphalt to the mixer. Use spray bar openings of a size and spacing which will provide a uniform application of the bituminous material for the full length of the spray bar. 320 -3.3.3 Checking the Meter: Provide a valve and outlet in the section of the feed line between the charging valve and the spray bar. Provide platform scales with a capacity of 150 pounds [70 kg] to check the delivery of the volumetric meter. 320 -3.4 Mixer Unit: Use a plant with a batch mixer of the twin -shaft pugmill type, hot -oil -- or steam jacketed, and capable of producing a uniform mixture within the job mix tolerance specified. Set paddles to produce a circular or "runaround" action in the pugmill. Ensure that the depth of the material in the pugmill does not extend above the tips of the paddles. Use a pugmill with a capacity of at least 1 ton [1 metric ton] unless permission for lesser capacity is approved by the Engineer. 320 -3.5 Control of Mixing Time: Use a plant that is equipped with a positive means to control the time of mixing and to ensure the completion of the mixing cycle designated by the Engineer. Provide all timing devices and bypass switches with a means for being locked into the desired position as directed by the Engineer. 320 -4 Special Requirements for Continuous -Mix Plants. 320 -4.1 Gradation Control Unit: 320 -4.1.1 Aggregate: Use a plant that includes a means for accurately proportioning each bin size of aggregate by volumetric measurement, and a feeder mounted under the bin compartments. Provide each bin with an accurately controlled individual gate which forms an orifice for volumetrically measuring the material drawn from each respective bin compartment. The orifice shall be rectangular, with one dimension adjustable by positive mechanical action, and shall be provided with a lock. Provide indicators on each gate to show the gate opening in inches and decimals of an inch [millimeters]. Equip the aggregate proportioning feeder with a revolution counter. —. 320 -4.1.2 Mineral Filler: Proportion mineral filler (if needed) separately from a suitable hopper equipped with an adjustable positive feed which is accurately and conveniently calibrated. Use feeder equipment for the mineral filler that is approved by the Engineer. 320 -4.1.3 Interlocking: Interlock, or calibrate, the mineral filler feed, the asphalt feed, and all aggregate feeds so that they give the specified proportions uniformly. 320 -4.1.4 Sampling Devices: Equip gradation units with sampling devices mounted as an integral part of the unit for use in calibration and for obtaining hot bin samples. 320 -4.1.5 Indicator Lights: Equip the bins with lights which indicate when the material in any of the bins falls below the required level for accurate proportioning. Use the burning light as the signal that adequate material is in the bin. Whenever the material in any of J -SS -43 2 -26 -03 16 � 7 "1, the bins falls below the required level, suspend mixing operations and refill the bins to t required level. 320 -4.2 Weight Calibration of Aggregate Feed: Use a plant that includes a means for calibration of gate openings by the use of weight test samples. For the materials fed out of the bins through individual orifices, provide a bypass to a suitable test box, and confine each compartmented material in a separate section or box. Equip the plant to handle test samples weighing up to 300 pounds [135 kg] and to weigh them on accurate platform scales. 320 -4.3 Synchronization of Aggregate and Bitumen Feed: Provide a satisfactory means to afford positive interlocking control between the flow of aggregate from the bins and the flow of bitumen from the meter or other proportioning source. Accomplish this control by interlocking mechanical means or any positive method approved by the Engineer. 320 -4.4 Mixer Unit: 320 -4.4.1 General: Use a plant that includes a continuous mixer of the twin -shaft pugmill type, either hot -oil or steam jacketed, and is capable of producing a uniform mix within the job mix tolerances specified. Equip the pugmill with an adjustable dam or gate at the discharge end to control the mixing time and the level of material passing through the pugmill. Provide the drive mechanism of the shafts with a clutch that stops the action of the pugmill when the flow of material is stopped. 320 -4.4.2 Paddles: Use adjustable and reversible paddles to retard the flow of mix through the pugmill. Use the paddle settings as recommended by the manufacturer. Advance paddles in the discharge end of the pugmill by 90 degree intervals, for a distance of at least 75% of the length of the shaft. 320 -4.4.3 Discharge Hopper: Use a mixer unit with a discharge hopper equipped with bottom -dump gates. Do not dump the mix until after filling the discharge hopper. 320 -5 Special Requirements for Drum Mixer Plants. 320 -5.1 General: Use drum mixer plants specially designed and constructed for the process. Obtain the Engineer's approval for the drum mixer and auxiliary equipment prior to the start of production. 320 -5.2 Calibrated Cold Feed Proportioning: Use a cold feed capable of being calibrated to ensure full control of the mix gradation. 320 -5.3 Weight Measurements of Aggregate: Maintain positive weight measurement of the combined cold feed to allow regulation of the cold feed gates and to permit automatic correction for variations in load. 320 -5.4 Synchronization of Aggregate Feed and Bituminous Material Feed: Couple the bituminous feed control with the total aggregate weight device, including the RAP feed, in such a manner as to automatically vary the bitumen feed rate as necessary to maintain the required proportions. 320 -6 Paving Equipment. 320 -6.1 Mechanical Spreading and Screeding Equipment: 320 -6.1.1 General: Provide mechanical spreading and screeding equipment of an approved type that is self - propelled and can be steered. Equip it with a receiving and distribution hopper and a mechanical screed. Use a mechanical screed capable of adjustment to regulate the depth of material spread and to produce the desired cross - section. 320 -6.1.2 Automatic Screed Control: For all asphalt courses, with the exception of open - graded friction mixes, placed with mechanical spreading and finishing equipment equip the paving machine with automatic longitudinal screed controls of either the skid type, traveling J -SS -44 2 -26 -03 1 4 7 6 - stringline type, or non - contact averaging ski type. Ensure that the length of the skid, traveling stringline, or non - contact averaging ski is at least 25 feet [7.5 m]. On the final layer of base, overbuild, and structural courses, and for friction courses, use the joint matcher in lieu of the skid, traveling stringline, or non - contact averaging ski on all passes after the initial pass. Furnish a paving machine equipped with electronic transverse screed controls when required by the Contract Documents. — 320 -6.1.3 Inflation of Tires: When using paving machines equipped with pneumatic tires, the Engineer may require that the tires be ballasted. 320 -6.1.4 Screed Width: Provide paving machines on full width lanes that have a screed width greater than 8 feet [2.5 m]. Do not use extendable screed strike -off devices that do not provide preliminary compaction of the mat in place of fixed screed extensions. The Contractor may use a strike -off device on irregular areas that would normally be done by hand and on shoulders 4 feet [ 1.2 m] or less in width. When using the strike -off device on shoulders in lieu of an adjustable screed extension, the Contractor must demonstrate the ability to obtain an acceptable texture, density, and thickness. When using an extendable screed device to extend the screed's width on the full width lane or shoulder by 24 inches [600 mm] or greater, the Engineer will require an auger extension, paddle, or kicker device unless the Contractor provides written documentation from the manufacturer that these are not necessary. 320 -6.2 Motor Graders: Provide two motor graders for spreading leveling courses. Equip -- them with a blade that is at least 2 feet [0.6 m] longer than the width of the lane being leveled. Use motor graders that are rated at not less than 6 tons [5.5 metric tons] and are self - propelled and power - controlled. Mount them on smooth tread or rib -type tires (no lug types allowed) with a — wheel base of at least 15 feet [4.5 m]. Equip the front motor grader with a spreader box capable of spreading the mix at the required rate. 320 -6.3 Rollers: 320 -6.3.1 Steel - Wheeled Rollers: Provide tandem steel - wheeled rollers. For the seal rolling, use rollers that weigh between 5 and 12 tons [4.5 and 11 metric tons], and for the final rolling, use rollers that weigh between 8 and 12 tons [7 and 11 metric tons]. Variations from these requirements shall be approved by the Engineer. 320 -6.3.2 Traffic Rollers: Provide self - propelled, pneumatic -tired traffic rollers equipped with at least seven smooth - tread, low pressure tires, equipped with pads or scrapers on each tire. Maintain the tire pressure between 50 and 55 psi[345 and 380 kPa] or as specified by the manufacturer. Use rollers that weigh between 6 and 10 tons [5.5 and 9 metric tons]. Do not use wobble - wheeled rollers. 320 -6.3.3 Prevention of Adhesion: Do not allow the mixture to adhere to the wheels of any rollers. Do not use fuel oil or other petroleum distillates to prevent adhesion. Do not use any method which results in water being sprinkled directly onto the mixture. 320 -6.4 Trucks: Transport the mix in trucks of tight construction, which prevents the loss of material and the excessive loss of heat. Provide each truck with a tarpaulin or other waterproof — cover mounted in such a manner that it can cover the entire load when required. When in place, overlap the waterproof cover on all sides so that it can be tied down. 320 -6.5 Coring Equipment: Furnish a suitable saw or drill for obtaining the required density cores. 320 -6.6 Hand Tools: Provide the necessary hand tools such as rakes, shovels, etc., and a suitable means for keeping them clean. 16. MILLING OF EXISTING ASPHALT PAVEMENT — METHOD OF MEASUREMENT. J -SS -45 2 -26 -03 1687 �: ARTICLE 327 -5 (Page 243). The text is deleted and the following substituted: 327 -5 Method of Measurement. The quantity to be paid for will be the plan quantity area, in square yards [square meters], over which milling is completed and accepted. 17. HOT BITUMINOUS MIXTURES - QUALITY ASSURANCE, GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES. SECTION 330 (Pages 244 -266) is deleted and the following substituted: SECTION 330 HOT BITUMINOUS MIXTURES — QUALITY ASSURANCE, GENERAL CONSTRUCTION REQUIREMENTS AND ACCEPTANCE PROCEDURES 330 -1 Description. Construct plant -mixed hot bituminous pavements and bases. Establish and maintain a quality control system that provides assurance that all materials, products and completed construction submitted for acceptance meet Contract requirements. This Section establishes Acceptance Procedures for materials and work performed under Sections 280, 290, 331, 332, 333, 334, 335, and 337. More specific requirements pertaining to hot bituminous base and base widening construction are contained in Section 280. This Section also includes the method of determination of the thickness of pavement the Department will pay for when payment is on a square yard [square meter] basis. 330 -2 Acceptance Procedures. The Department will approve all materials for acceptance through the Department's Acceptance Procedures specified herein. The Engineer is responsible for determining the acceptability of the construction and materials incorporated therein. The Contractor is responsible for the quality of construction and materials incorporated therein. Accomplish all quality control sampling and testing on a random basis in accordance with the approved Quality Control Plan. The Department will perform all necessary sampling and testing for acceptance purposes on a random basis as specified herein, in addition to monitoring and observing the Contractor's quality control test procedures and results. Maintain effective quality control until final project acceptance. A LOT is defined as an isolated quantity of a specified material produced from a single source or operation, or it is a measured amount of specified construction produced by the same process. In order to change the process, thereby necessitating the termination of the current LOT and starting a new LOT, submit a written request, with justification, to the Engineer for approval. Obtain the Engineer's approval prior to making the process change. Perform all quality control sampling and testing of materials in strict conformance with the Florida Method of Sampling and Testing as found in the Field Sampling and Testing Manual. The Department will perform all acceptance sampling and testing of materials in strict conformance with the Florida Method of Sampling and Testing as found in the Field Sampling and Testing Manual. This manual, developed and distributed by the FDOT Materials Office, J -SS -46 2 -26 -03 16B7 contains the detailed sampling and testing procedures from AASHTO and ASTM as modified by the Department. 330 -2.1 Acceptance Plans: -- 330 -2.1.1 Payment Based on Acceptance Results: The Department will adjust the payment for each LOT of material, product, item of construction or completed construction on the basis of acceptance test results in accordance with the requirements specified hereinafter in the applicable Sections. 330 -2.1.2 Resampling of LOTs: The Department requires that LOTS of materials, products, items of construction or completed construction meet the requirements of these Specifications at the time of submission. The Department will not take check samples for acceptance purposes. 330 -2.1.3 Referee System: The Department has established a referee system to verify the validity of the acceptance test results on LOTs at the asphalt plant. The Department will evaluate the acceptance test results with data from split samples run by the District and Central Labs. The Engineer will make a final determination and disposition of the acceptance test results. Acceptance results will be considered non - representative if the test results from the Field and Referee samples differ by more than 0.56 for asphalt content (regardless of the test method) or by more than the allowable difference obtained from Figure 2 of FM 1 -T 030. When the referee analysis indicates that one or more test results are not representative, the Engineer will discard the non - representative test value(s) and base payment calculations for the LOT (including the sublot with the non - representative test values) on the remaining sublot(s) test data as defined in 331 -5. 330 -2.2 Quality Control by the Contractor: Provide and maintain a quality control system - that provides reasonable assurance that all materials, products and completed construction submitted for acceptance meet Contract requirements. Develop and maintain a quality control system in conformance with the following requirements: CONTRACTOR QUALITY CONTROL SYSTEM I. SCOPE: These Specifications establish minimum requirements and activities for a Contractor quality control system. These requirements pertain to the inspections and tests necessary to substantiate material and product conformance to Contract requirements and to all inspections and tests required by the Contract. H. FUNCTIONS AND RESPONSIBILITIES: 1. The Department. The Department will verify the Contractor's design mixes, inspect plants and monitor control of the operations to ensure conformance with these Specifications. The Department will design all open - graded friction mixes (FC -2 and FC -5). At no time will the Engineer issue instructions to the Contractor or producer as to the setting of dials, gauges, scales and meters. However, the Department's representatives may —. question and warn the Contractor against the continuance of any operations or sequence of operations that obviously do not result in satisfactory compliance with the requirements of these Specifications. 2. The Contractor. Submit in writing the proposed Quality Control Plan for each asphalt plant for the Engineer's approval. Maintain the approved Quality Control Plan in effect for the plant to which it is assigned until the Engineer rejects it in writing. Include in the plan the -' sampling, testing, inspection and the anticipated frequencies of each to maintain process control. A recommended series of sampling, testing and inspecting activities are shown in Table 330 -1. J -SS -47 2 -26 -03 Table 330 -1 16B7 11 1 RECOMMENDATIONS FOR A CONTRACTOR QUALITY CONTROL PLAN A. All Types of Plants 1. Stockpiles a. Place materials in the correct stockpile. b. Use good stockpiling techniques. c. Inspect stockpiles for separation, contamination, segregation, etc. 2. Incoming Aggregate a. Obtain gradations and bulk specific gravity (BSG) values from the aggregate supplier. b. Determine gradation of all component materials. c. Compare gradations and BSG to mix design. 3. Cold Bins a. Calibrate the cold gate /feeder belt settings. b. Observe operation of cold feed for uniformity. 4. Dryer a. Observe pyrometer for aggregate temperature control. b. Observe efficiency of the burner. 5. Hot Bins a. Determine gradation of aggregates in each bin. b. Determine theoretical combined grading. 6. Bituminous Mixture a. Determine asphalt content. b. Determine mix gradation. c. Check mix temperature. d. Verify modifier addition. B. Batch Plants 1. For batch weights, determine percent used and weight to be pulled from each bin to ensure compliance with the mix design. 2. Check mixing time. 3. Check operations of weigh bucket and scales. C. Continuous Mix Plant 1. Determine gate calibration chart for each bin. 2. Determine gate settings for each bin to ensure compliance with the mix design. 3. Determine gallons [cubic meters] per revolution or gallons [cubic meters] per minute to ensure compliance with the mix design. D. Drum Mixer Plant 1. Calibrate the cold feed and prepare a calibration chart for each cold gate. 2. Develop information for the synchronization of the aggregate feed, reclaimed asphalt pavement (RAP) feed and the bituminous material feed. 3. Calibrate the weigh bridge on the changing conveyor. The activities shown in Table 330 -1 are the normal activities necessary to control the production of bituminous concrete at an acceptable quality level. The Department recognizes, however, that depending on the type of process or materials, some of the activities listed may not be necessary and, in other cases, additional activities may be required. The frequency of these J -SS -48 2 -26 -03 -- activities will also vary with the process and the materials. When the process varies from the defined process average and variability targets, increase the frequency of these activities until the proper conditions are restored. Take one sample and test for every 1,000 tons [900 metric tons] of incoming aggregate (including RAP) as it is stockpiled. Test RAP material for extracted gradation and asphalt content. Plot and keep up -to -date control charts for all quality control sampling and testing. Provide control charts for the following: a. gradation of incoming aggregates b. gradation and asphalt content of RAP c. combined gradations of hot bins d. extracted asphalt content e. mix gradation f. gradation of cold feed (drum mixers) Post all current control charts in the asphalt lab where they can be seen. Formulate all design mixes with the exception of open - graded friction mixes (FC- 2 and FC -5). Submit design mixes to the Engineer for verification prior to their use. Provide process control of all materials during handling, blending, mixing and placing operations. III. QUALITY CONTROL SYSTEM: 1. General Requirements. Furnish and maintain a quality control system that provides reasonable assurance that all materials and products submitted to the Engineer for acceptance meet the Contract requirements. Perform, or have performed, the inspection and tests required to substantiate product conformance to Contract requirements, and also perform, or have performed, all inspections and tests otherwise required by the Contract. For asphalt plant operations, keep a quality control technician, qualified as a CTQP Asphalt Plant Level II technician, available at the asphalt plant at all times when producing mix for the Department, and perform all asphalt plant related testing with a CTQP Asphalt Plant Level I technician. For paving operations, keep a qualified CTQP Asphalt Roadway Level II technician on the roadway at all times when placing asphalt mix for the Department, and perform all testing with a CTQP Asphalt Roadway Level I technician. Prior to July 1, 2001 and for all Type S/FC -3 projects, qualifications for Asphalt Plant and Paving Technicians under the old FDOT Qualification program may be substituted for the CTQP Qualification requirements stated above. Document the quality control procedures, inspection and tests, and make that information available for review by the Engineer throughout the life of the Contract. 2. Documentation. Maintain adequate records of all inspections and tests. Record the nature and number of tests made, the number and type of deficiencies found, the quantities approved and rejected, and the nature of corrective action taken, as appropriate. The Department _. may review and approve all documentation procedures prior to the start of the work. The Department will take ownership of all charts and records documenting the Contractor's quality control tests and inspections upon completion of the work. 3. Charts and Forms. Record all conforming and nonconforming inspections and test results on approved forms and charts, and keep them up to date and complete and make them available at all times to the Engineer during the performance of the work. Prepare charts of test properties for the various materials and mixtures on forms that are in accordance with the applicable requirements of the Department. The Engineer will furnish a copy of each applicable chart and form. Provide a supply of the charts and forms from the copy furnished. Obtain the Engineer's approval of non - standard forms and charts prior to using them. J -SS -49 2 -26 -03 16B7 'I 4. Corrective Actions. Take prompt action to correct any errors, equipment malfunctions, process changes or other problems that result or could result in the submission of materials, products or completed construction that do not meet the requirements of these Specifications. When it becomes evident to the Department that the Contractor is not controlling his process and is making no effort to take corrective actions, the Department will require the Contractor to cease plant operations until such time as the Contractor can demonstrate that he can and is willing to control the process. 5. Laboratories with Measuring and Testing Equipment. Furnish a fully equipped asphalt laboratory (permanent or portable) at the production site, and meeting the following requirements: a. Area - Provide an effective working area for the laboratory that is a minimum of 180 ft2 [17 m2]. This area does not include the space for desks, chairs and file cabinets. b. Lighting - Provide lighting in the lab adequate to illuminate all areas of work. c. Temperature Control - Equip the lab with heating and air conditioning units that provide a satisfactory working environment. d. Ventilation - Equip the lab with fume hoods and exhaust fans that will remove all hazardous fumes from within the laboratory in accordance with OSHA requirements. e. Equipment and Supplies - Furnish the lab with the necessary sampling and testing equipment, and supplies, for performing Contractor quality control and Department acceptance sampling and testing. A detailed list of equipment and supplies required for each test is included in the Field Sampling and Testing Manual. When running plants at a high production rate, furnish additional testing equipment as necessary to allow the completion of the Contractor's quality control tests and the Department's Acceptance tests within the specified time frame. 6. Sampling and Testing. Use the sampling and testing methods and procedures that the Department provides to determine quality conformance of the materials and products. The Department will use these same methods and procedures for its acceptance tests. Include the sampling for other material characteristics on a random basis and the plotting of the test results on control charts in the Quality Control Plan. 7. Alternative Procedures. The Contractor may use alternative sampling methods, procedures and inspection equipment when such procedures and equipment provide, as a minimum, the quality assurance required by the Contract Documents. Prior to applying such alternative procedures, describe them in a written proposal and demonstrate for the Engineer's approval that their effectiveness is equal to or better than the Contract requirements. In case of dispute as to whether certain proposed procedures provide equal assurance, use the procedures stipulated by the Contract Documents. 8. Nonconforming Materials. Establish and maintain an effective and positive system for controlling nonconforming materials, including procedures for identification, isolation and disposition. Reclaim or rework nonconforming materials in accordance with procedures acceptable to the Engineer. Discuss the details of this system at the preconstruction conference, and make these details a part of the record of the conference. 9. Department Inspection at Subcontractor or Supplier Facilities. The Department reserves the right to inspect materials not manufactured within the Contractor's facility. The Department's inspection does not constitute acceptance and does not, in any way, replace the Contractor's inspection or otherwise relieve the Contractor of his responsibility to furnish an acceptable material or product. When the Department inspects the subcontractor's or supplier's product, such inspection does not replace the Contractor's responsibility to inspect such subcontractor's or supplier's product. J -SS -50 2 -26 -03 f .� contracted or purchased materials when receive a�nsy, #4 Inspect subcontracted r , ensure conformance to Contract requirements. Report to the Engineer any nonconformance found ' on Department source - inspected material, and require the supplier to take necessary corrective action. 330 -2.3 Defective Materials: 330 -2.3.1 Acceptance or Rejection: Following the application of the appropriate acceptance plan, the Engineer will make the final decision as to the acceptance, rejection or acceptance at an adjusted payment of the LOTs. 330 -2.3.2 Disposition of LOTs: For nonconforming LOTs of materials, products, items of construction or complete construction that are not adaptable to correction by reworking, either remove and replace the nonconforming work, or accept no payment or an adjusted payment as stated in these Specifications, or, if not stated, as directed by the Engineer. 330 -2.4 General Basis of Adjusted Payment For Deficiencies: When the Engineer determines that a deficiency exists, the Engineer will apply the applicable payment factor as - shown in these Specifications to the entire LOT. When the Engineer determines that multiple deficiencies exist, the Engineer will apply an adjustment to the LOT of material that is identified by each deficiency. The Engineer will apply the adjustment for each deficiency separately as it occurs. The Engineer will not allow an adjustment to be affected by any other adjustment occurring for the same LOT. As an exception to the foregoing requirements, when there are two or more deficiencies in the gradation acceptance tests (% pass No. 4 [4.75 mm] sieve, % pass No. 10 [2.0 mm] sieve, % pass No. 40 [425 gm sieve], % pass No. 200 [ 75 gm] sieve) the Engineer will only apply the greater adjustment. The Engineer will express all reductions in payment in terms of equivalent pay items at no pay. When the item is measured by the ton [metric ton], the Engineer will convert the LOT in the field, which is measured in feet [meters], to equivalent tons [metric tons] and by using the average calculated spread for that LOT. When the pay item is measured by the square yard [square meter], the Engineer will convert the LOT at the production point, which is measured in tons [metric tons], to equivalent square yards [square meters] at the design thickness and by using the laboratory density as a conversion factor. f 330 -3 Substitution of Types of Hot Bituminous Mixtures. Except for asphaltic concrete friction courses and other wearing surfaces, the Contractor may substitute certain types of hot bituminous mixtures as follows: 1. Substitute Type S Asphaltic Concrete mixtures for other non - structural mixtures provided the gradation criteria as shown in Table 331 -1 are met for the specified mixture. 2. Substitute Type III Asphaltic Concrete for Type II Asphaltic Concrete or Sand - Asphalt Hot Mix. Substitute Type II Asphaltic Concrete for Sand - Asphalt Hot Mix. w. In each case, meet the Marshall and volumetric properties for the higher quality mix. Make all substitutions at no additional expense to the Department over that which would have accrued had the specified mixture been used. 330 -4 Limitations of Operations. 330 -4.1 Weather Limitations: Do not begin plant operations unless all weather conditions - are suitable for the laying operations. 330 -4.2 Limitations of Laying Operations: 330 -4.2.1 General: Spread the mixture only when the surface upon which it is to -" be laid has been previously prepared, is intact, firm, and properly cured, and is dry. Do not spread J -SS -51 2 -26 -03 16B7 mixture that cannot be finished and compacted during daylight hours. Do not p ace frictio course until the adjacent shoulder area has been dressed and grassed. 330 -4.2.2 Temperature: Spread the mixture only when the air temperature in the shade and away from artificial heat is at least 40 °F [4 °C] for layers greater than 1 inch (100 lb /yd2) [25 mm (55 kg/m2)] in thickness and at least 45 °F [7 °C] for layers 1 inch (100 lb /yd2) [25 mm (55 kg/m2)] or less in thickness (this includes leveling courses). The minimum temperature requirement for leveling courses with a spread rate of 50 lb /yd2 [25 kg/m2] or less is 50 °F [10 °C]. 330 -4.2.3 Wind: Do not spread the mixture when the wind is blowing to such an extent that proper and adequate compaction cannot be maintained or when sand, dust, etc., are being deposited on the surface being paved to the extent that the bond between layers will be diminished. 330 -5 Preparation of Asphalt Cement. Deliver the asphalt cement to the asphalt plant at a temperature not to exceed 350°F [175 °C], and equip the transport tanks with sampling and temperature sensing devices meeting the requirements of 300 -3.2 and 300 -3.3. Maintain the asphalt cement in storage within a range of 230 to 350 °F [110 to 175 °C] in advance of mixing operations. Maintain constant heating within these limits, and do not allow wide fluctuations of temperature during a day's production. 330 -6 Preparation of Aggregates. 330 -6.1 Stockpiles: Place each aggregate component in an individual stockpile, and separate each from the adjacent stockpiles, either by space or by a system of bulkheads. Prevent the intermingling of different materials in stockpiles at all times. Identify each stockpile, including RAP, as shown on the approved mix design. 330 -6.2 Prevention of Segregation: Form and maintain stockpiles in a manner that will prevent segregation. If a stockpile is determined to have excessive segregation, the Engineer will disapprove the material for use on the project until the appropriate actions have been taken to correct the problem. 330 -6.3 Blending of Aggregates: The Engineer will not allow blending or proportioning from railroad cars. Stockpile all aggregates prior to blending or placing in the cold hoppers. Place all aggregates to be blended or proportioned in separate bins at the cold hopper. Proportion by means of securely positioned calibrated gates or other approved devices. 330 -6.4 Cold Bins: 330 -6.4.1 Adequacy of Bins: Use separate bin compartments in the cold aggregate feeder that are constructed to prevent any spilling or leakage of aggregate from one bin to another. Ensure that each bin compartment has the capacity and design to permit a uniform flow of aggregates. Mount all of the bin compartments over a feeder of uniform speed, which will deliver the specified proportions of the separate aggregates to the drier at all times. If necessary, equip the bins with vibrators to ensure a uniform flow of the aggregates at all times. 330 -6.4.2 Gates: Provide each bin compartment with a gate which is adjustable in a vertical direction. Provide gates that can be held securely at any specified vertical opening. Equip the gates with a measuring device for measuring the vertical opening of the gates from a horizontal plane level with the bottom of the feeder. 330 -6.5 Mineral Filler: If mineral filler is required in the mix, feed or weigh it in separately from the other aggregates. 330 -6.6 Heating and Drying: Heat and dry the aggregates before screening. Control the temperature of the aggregates so that the temperature of the completed mixture at the plant falls within the permissible range allowed by this Section. J -SS -52 2 -26 -03 330 -67 Screening Unit: 1607 330 -6.7.1 Oversize Aggregate: Remove any oversized pieces of aggregate by the use of a scalping screen. Do not return this oversized material to the stockpile for reuse unless it has been crushed and reprocessed into sizes that will pass the scalping screen. 330 -6.7.2 Screening: Ensure that the quantity of aggregates being discharged onto the screens does not exceed the capacity of the screens to actually separate the aggregates into the _ required sizes. Allow up to a maximum of 10% plus -10 material in the minus -10 bin. The Engineer will determine the maximum amount of minus -10 material allowed in the plus -10 bins, in accordance with its effect on the uniformity of the mix. 330 -6.8 Mixing Different Materials: Unless written permission is obtained, do not mix coarse aggregates of different types, and do not use coarse aggregates of different types alternately in sections less than 1 mile [1.5 km] in length. 330 -7 Preparation of the Mixture. -_ 330 -7.1 Batch Mixing: 330 -7.1.1 Aggregates: Once the dried aggregates and mineral filler (if required) are prepared in the manner previously described and combined in batches to meet the verified mix design by weighing each separate bin size, convey them to the empty mixer. 330 -7.1.2 Bitumen: Introduce the accurately measured hot asphalt cement into the mixer simultaneously with, or after, the hot aggregates. Continue mixing until the mixture is thoroughly uniform with all particles fully coated. 330 -7.1.3 Mixing Time: The mixing time begins when the measuring devices for both the asphalt and the aggregates indicate that all the material is in the mixer, and continues until the material begins to leave the mixing unit. Since the mixing time varies in relation to the nature of the aggregates and the capacity of the mixer, the Engineer will designate the mixing time. In no case will the Engineer allow the mixing time to be less than 35 seconds. 330 -7.2 Continuous Mixing: Introduce the dried aggregates and mineral filler (if required), prepared as specified and proportioned to meet the verified mix design by volumetric measurements, into the mixer in synchronization with the accurate feeding of the hot asphalt cement. Ensure that the rate of flow of material to the pugmill is such that the maintained depth of the mix does not exceed the tips of the paddles when in the upright position. Mix sufficiently to produce a thoroughly and uniformly coated mixture. 330 -7.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature, when discharged from the pugmill or surge bin, - which is within the master range as defined below. Determine the temperature of the completed mixture using a quick- reading thermometer through a hole in the side of the loaded truck immediately after loading. Locate the hole within the middle third of the length of the body, and at a distance from 6 to 10 inches [150 to 250 mm] above the surface supporting the mixture. If a truck body already has a hole located in the general vicinity of the specified location, use this hole. At the Engineer's discretion, the Contractor may take the temperature of the load over the top of the truck in lieu of using the hole in the side of the truck. The normal frequency for taking asphalt mix temperatures will be for each day, for each design mix on the first five loads and an average of once every five loads thereafter. Take the temperature of the asphalt mix at the plant at the normal frequency. Record the temperature on the front of the respective delivery ticket. The Engineer shall review the plant temperature readings and may take additional temperature measurements at any time. The J -SS -53 2 -26 -03 1687 '] Engineer will take temperature readings at the normal frequency at the roadway before the mix is placed. The master range for all mix designs will be the established temperature from the mix design ±30 °F [ ±16 °C]. Categorically reject for use on the project any load or portion of a load of asphalt mix at the plant with a temperature outside of this master range. The Engineer will reject for use on the project any load or portion of a load of asphalt mix at the roadway with a temperature outside of this master range. The Contractor will be immediately notified of the rejection. If any single load at the plant or at the roadway is within the master range but differs from the established mix temperature by more than ±25 °F [ ±14 °C] or if the accumulated deviations of the temperature measurements from the established mix temperature for five loads exceeds ±15 °F [ ±8 °C], the temperature of every load will be monitored (at the plant by the Contractor and at the roadway by the Engineer) until the average of five deviations is within ±15 °F [ ±8 0C]; at this time the normal frequency may be resumed. Table 330 -2 Temperature Tolerance From Verified Mix Design Any Single Measurement ±25 °F [ ±14 °C] Average of Any Five Consecutive Measurements ±15 °F [ ±8 °C] 330 -7.4 Maximum Period of Storage: Allow the maximum time that any mix may be kept in a hot storage or surge bin to be 72 hours. 330 -7.5 Contractor's Responsibility for Mixture Requirements: Produce a homogeneous mixture, free from moisture and with no segregated materials, that meets all specification requirements for the mixture, including compliance with the Marshall Properties. Also apply these requirements to all mixes produced by the drum mixer process and all mixes processed through a hot storage or surge bin, both before and after storage. 330 -8 Transportation of the Mixture. Transport the mixture in tight vehicles previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an approved emulsion containing not more than 5% oil. Apply the coating prior to the first loading each day and repeat as necessary throughout the day's operations. After the truck bodies are coated and before any mixture is placed therein, raise them to drain out all excess liquids. Cover each load during cool and cloudy weather and at any time there is a probability of rain. 330 -9 Preparation of Application Surfaces. 330 -9.1 Cleaning: Before laying the mixture, remove and dispose of all RPM'S. Clean the surface of the base or pavement to be covered of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. When milling is required, include the cost of removing existing pavement markers in the milling price. When milling is not required, include the cost of removing existing pavement markers in the price of Hot Bituminous Mixtures. 330 -9.2 Patching and Leveling Courses: Where an asphalt mix is to be placed on an existing pavement or old base which is irregular, and wherever the plans indicate, bring the existing surface to proper grade and cross- section by the application of patching or leveling courses. J -SS -54 2 -26 -03 1 71. 330 -9.3 Application Over Surface Treatment: Where an asphalt mix is to , p acov a` newly constructed surface treatment, sweep and dispose of all loose material from the paving area. 330 -9.4 Coating Surfaces of Contacting Structures: Paint all structures which will be in actual contact with the asphalt mixture, with the exception of the vertical faces of existing pavements and curbs or curb and gutter, with a uniform coating of asphalt cement to provide a closely bonded, watertight joint. 330 -9.5 Tack Coat: 330 -9.5.1 Tack Coat Required: Apply a tack coat, as specified in Section 300, on existing pavement structures that are to be overlaid with an asphalt mix and between successive layers of all asphalt mixes. 330 -9.5.2 Tack Coat at Engineer's Option: Apply a tack coat on the following surfaces only when so directed by the Engineer: 1. Freshly primed bases. 2. Surface treatment. 330 -10 Placing Mixture. 330 -10.1 Requirements Applicable to All Types: 330 - 10.1.1 Alignment of Edges: Lay all asphaltic concrete mixtures, including leveling courses, other than adjacent to curb and gutter or other true edges, by the stringline method to obtain an accurate, uniform alignment of the pavement edge. 330 - 10.1.2 Temperature of Spreading: Maintain the temperature of the mix at the time of spreading within the master range as defined in 330 -7.3. The minimum frequency for taking mix temperatures on the roadway will be as indicated in 330 -7.3. Any load or portion of a load of asphalt mix on the roadway with a temperature outside of the master range shall be categorically rejected by the Engineer for use on the project. 330- 10.1.3 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. As an exception, the Contractor may place mixture caught in transit at the Contractor's risk if the only option is to waste this mixture and provided the surface has been tacked as required prior to the rain and the surface is broomed in front of the spreading operation. The Engineer will evaluate such placed mixture separately, and if the mixture is unsatisfactory in any way, remove and replace it with satisfactory mixture at no expense to the Department. 330 - 10.1.4 Speed of Spreader: The Engineer will establish the forward speed of the asphalt spreader. 330 - 10.1.5 Number of Crews Required: For each paving machine operated, use a w- separate crew, each crew operating as a full unit. The Contractor's Qualified Paving Technician in charge of the paving operations may be responsible for more than one crew but must be physically accessible to the Engineer at all times when placing mix. 330- 10.1.6 Checking Depth of Layer: Check the depth of each layer and make adjustments when the thickness exceeds the allowable tolerance. When making an adjustment, allow the paving machine to travel a minimum distance of 32 feet .[10 m] to stabilize before the - second check is made to determine the effects of the adjustment. 330 - 10.1.7 Hand Spreading: In limited areas where the use of the spreader is impossible or impracticable, the Contractor may spread and finish the mixture by hand. 330 - 10.1.8 Straightedging and Back - patching: Straightedge and back -patch after obtaining initial compaction and while the material is still hot. J -SS -55 2 -26 -03 : 16B7 330-10.2 Requirements Applicable to Courses Other Than Leveling: 330 - 10.2.1 Spreading and Finishing: Upon arrival, dump the mixture in the approved mechanical spreader, and immediately spread and strike -off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard [square meter], or the specified thickness, is secured. Carry an excess amount of mixture ahead of the screed at all times. Hand rake behind the machine as required. 330 - 10.2.2 Thickness of Layers: Construct each course of Type S mixtures in layers of the thickness shown in Section 331. Construct each course of Type SP mixtures in layers of the thickness shown in Section 334. 330 - 10.2.3 Laying Width: If necessary due to the traffic requirements, lay the mixture in strips in such a manner as to provide for the passage of traffic. As an option, where the road is closed to traffic, lay the mixture to the full width with machines traveling in echelon. 330 - 10.2.4 Correcting Defects: Before starting any rolling, check the surface; correct any irregularities; remove all drippings, fat sandy accumulations from the screed, and fat spots from any source; and replace them with satisfactory material. Do not skin patch. 330 -10.3 Requirements Applicable Only to Leveling Courses: 330 - 10.3.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing surface more than 1 inch [25 mm] deep by spot patching with leveling course mixture, and then compact them thoroughly. 330 - 10.3.2 Spreading Leveling Courses: Place all courses of leveling by the use of two motor graders, equip one with a spreader box. Use other types of leveling devices after they have been approved by the Engineer. 330 - 10.3.3 Rate of Application: When the total asphalt mix provided for leveling exceeds 50 lb /yd 2 [27 kg/m2], place the mix in two or more layers, with the average spread of any layer not to exceed 50 lb /yd2 [27 kg/m21. When using Type S -III Asphaltic Concrete for leveling, do not allow the average spread of a layer to be less than 50 lb /yd2 [27 kg/m2] or more than 75 lb /yd2 [40 kg/m2]. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 330 - 10.3.4 Placing Leveling Course Over Existing Pavement: When the Contract Documents specify a leveling course to be placed over cracked concrete pavement, including existing concrete pavement covered with an asphaltic surface, place the first layer of leveling course as soon as possible but no later than 48 hours after cracking the concrete. 330 - 10.3.5 Removal of Excess Joint Material: Where placing a leveling course over existing concrete pavement or bridge decks, trim the excess joint filler in the cracks and joints flush with the surface prior to placing the first layer of the leveling course. 330 -11 Compacting Mixture. 330 -11.1 Provisions Applicable to All Types: 330 - 11.1.1 Equipment and Sequence: For each paving or leveling train in operation, furnish a separate set of rollers, with their operators. When density testing is required, select equipment, sequence, and coverage of rolling to meet the minimum density requirement in accordance with Table 330 -3. The coverage is the number of times the roller passes over a given area of pavement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops below 160 °F [70 °C]. J -SS -56 2 -26 -03 1687 After selecting the equipment and establishing the rolling procedures and using these for an acceptable control strip density, then continue to use the same equipment and rolling procedures for all asphalt mix represented by the control strip. If the Contractor changes - the mix design, lift thickness, underlying pavement structure, equipment, or rolling procedures, the Department will require a new control strip density determination. Notify the Engineer prior to changing the rolling process. When density testing is not required, as for all patching courses, leveling and intermediate courses less than 1 inch [25 mm] thick, and overbuild courses of variable thicknesses (when the minimum thickness is less than 1 inch [25 mm]) and open - graded friction courses, apply compaction in accordance with the standard rolling procedure. Open - graded friction courses will be compacted in accordance with Section 337. 330 - 11.1.2 Standard Rolling Procedure: Meet the following equipment, sequences, and coverage requirements: 1. Seal Rolling: Provide two coverages with a tandem steel - wheeled roller (either vibratory or static), weighing 5 to 12 tons [4.5 to 11 metric tons], following as close behind the spreader as possible without pick -up, undue displacement, or blistering of the material. Use vibratory rollers in the static mode for layers of 1 inch [25 mm] or less in thickness. 2. Intermediate rolling: Provide five coverages with a self - propelled pneumatic -tired roller, following as close behind the seal rolling operation as the mix will permit. 3. Final rolling: Provide one coverage with a tandum steel - wheeled roller (static mode only), weighing 3 to 12 tons [4.5 to 11 metric tons], after completing the seal rolling and intermediate rolling, but before the surface pavement temperature drops below 160 °F [70 °C]. The Contractor may use equipment, sequences, or coverages other than those specified in the standard rolling procedure if so authorized in writing by the Engineer. 330 - 11.1.3 Compaction at Crossovers, Intersections, etc.: When using a separate paving machine to pave the crossovers, compact the crossovers with one 8 -to 10 -ton [7- to 9- metric ton] tandem steel roller. If placing crossovers, intersections, and acceleration and deceleration lanes with the main run of paving, also use a traffic roller to compact these areas. 330 - 11.1.4 Rolling Procedures: Ensure that the initial rolling is longitudinal. -' Where the lane being placed is adjacent to a previously placed lane, pinch or roll the center joint prior to the rolling of the rest of the lane. Roll across the mat, overlapping the adjacent pass by at least 6 inches [150 mm]. Roll slowly enough to avoid displacement of the mixture, and correct any displacement at once by the use of rakes and the addition of fresh mixture if required. Continue final rolling to eliminate all roller marks. 330 - 11.1.5 Speed of Rolling: Operate the self - propelled, pneumatic -tired roller at a speed of 6 to 10 mph [10 to 16 km/h]. For each roller, do not exceed an area of coverage of _. 4,000 yd2/hr [3,300 m2/h]. If rolling Type S Asphaltic Concrete, do not exceed an area of coverage of 3,000 yd'/hr [2,500 m2 /h]. 330 - 11.1.6 Number of Pneumatic Tired Rollers Required: Use a sufficient number - of self - propelled pneumatic -tired rollers to ensure that the rolling of the surface for the required number of passes does not delay any other phase of the laying operation and does not result in excessive cooling of the mixture before completing the rolling. In the event that the rolling falls behind, discontinue the laying operation until the rolling operations are sufficiently caught up. 330 - 11.1.7 Compaction of Areas Inaccessible to Rollers: Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc. J -SS -57 2 -26 -03 16874,. 330 - 11.1.8 Rolling Patching and Leveling Courses: Use self - propelled pneumati tired rollers to roll all patching and leveling courses. Where placing the initial leveling course over broken concrete pavement, use a pneumatic -tired roller that weighs at least 15 tons [14 metric tons]. For Type S -III Asphaltic Concrete leveling courses, use a steel - wheeled roller to supplement the traffic rollers. On other leveling courses, use a steel - wheeled roller to supplement the traffic rollers on all passes after the first pass. 330 - 11.1.9 Correcting Defects: Do not allow the rollers to deposit gasoline, oil, or grease onto the pavement. Remove and replace any areas damaged by such deposits as directed by the Engineer. While rolling is in progress, test the surface continuously, and correct all discrepancies to comply with the surface requirements. Remove and replace all drippings, fat or lean areas, and defective construction of any description. Remedy depressions that develop before completing the rolling by loosening the mixture and adding new mixture to bring the depressions to a true surface. Should any depression remain after obtaining the final compaction, remove the full depth of the mixture, and replace it with sufficient new mixture to form a true and even surface. Correct all high spots, high joints, and honeycombing as directed by the Engineer. Remove and replace any mixture remaining unbonded after rolling. Correct all defects prior to laying the subsequent course. 330 - 11.1.10 Use of Traffic Roller on First Overbuild Course: Use a self - propelled pneumatic -tired roller on the first overbuild course. Compact with a minimum of five passes. 330 - 11.1.11 Use of Traffic Roller on First Structural Layer Placed on a Milled Surface: Use a self - propelled pneumatic -tired roller or a vibratory roller on the first structural layer placed on a milled surface. Compact with a minimum of three passes. 330 - 11.1.12 Use of Traffic Roller on First Structural Layer Placed on an Asphalt Rubber Membrane Interlayer (ARMI): Use a self - propelled pneumatic -tired roller or a vibratory roller on the first structural layer placed on an ARMI. Cover with a minimum of three passes. 330 -11.2 Provisions Applicable to Shoulder Pavement Only: Compact shoulder pavements wider than 3 feet [1 m] with equipment as required for other asphaltic concrete pavements. Determine the density on shoulder pavements wider than 3 feet [1 m] when the thickness is 1 inch [30 mm] or greater. Determine these densities, including the control strip, separately from the pavement lane densities even when placing the pavement lane and shoulder in the same pass. Do not determine the density on asphaltic concrete or sand - asphalt hot mix shoulders that are 3 feet [I m] or less in width. Use tandem steel rollers not exceeding 12 tons [11 metric tons] in weight to compact these shoulder areas. In restricted areas, the Engineer may approve of other equipment that will effectively exert a compactive effort. Submit to the Engineer what equipment and compactive effort (coverage) is proposed to be used, and obtain the Engineer's approval before starting the operation. Where constructing sand - asphalt hot mix shoulders within the limits of curb and gutter, compact the shoulders using light weight rolling equipment approved by the Engineer that does not displace the previously constructed curb and gutter. 330 -11.3 Density Control: 330 - 11.3.1 Density Control Nuclear Method: The Engineer will determine the in- place density of each course of asphalt mix construction using the Nuclear Density Backscatter Method as specified by FM 1 -T238 (Method B). For a completed course, an average in -place LOT density of at least 98% of the valid control strip density is required. The Engineer will not perform density testing on patching courses, leveling and intermediate courses less than 1 inch [30 mm] thick (or a specified spread rate less than 100 lb /yd2 [55 kg/m2]), overbuild courses where the minimum thickness is less than 1 inch J -SS -58 2 -26 -03 1687 [30 mm], projects less than 1,000 feet [300 m], sections with variable width, or open - graded friction courses. Compact these courses, with the exception of open - graded friction courses in accordance with 330 - 11.1.1. 330- 11.3.2 Control Strips: To determine the density of compacted asphalt mixtures for acceptance purposes, first establish a control strip. Construct one or more control strips for the purpose of determining the control strip density. Construct a control strip at the _ beginning of asphalt construction and one thereafter for each successive course. Construct a new control strip for any change in the composition of the mix design, underlying pavement structure, compaction equipment, or procedures. The Engineer may require an additional control strip when the Engineer deems it necessary to establish a new control strip density or confirm the validity of the control strip density being used at that time. The Contractor may also request a confirmation of the control strip density. Construct the control strip as a part of a normal day's run. Construct a control strip 300 feet [ 100 m] in length and of an adequately uniform width to maintain a consistent compactive effort throughout the section. When - constructing the control strip, start it between 300 and 1,000 feet [100 and 300 m] from the beginning of the paving operation. Construct a control strip of a thickness that is the same as that specified for the course of which it is a part. Construct the control strip using the same mix, the same paving and rolling equipment, and the same procedures as those used in laying the asphalt course of which the control strip is to become a part. Leave every control strip in place to become a portion of the completed roadway. - To determine the acceptability of the control strip, the Engineer will make ten nuclear density determinations at random locations within the control strip after completing the compaction of the control strip. No determinations will be made within 12 inches [300 mm] - of any unsupported edge. The average of these ten determinations will be the Control Strip Density. For purposes of determining the percent of laboratory density, as required in Table 330- 3, the Engineer will develop a correction factor at four nuclear density locations from 6 inch [150 _. mm] diameter cores or by direct transmission nuclear determination where applicable. Cut the cores prior to opening the roadway to traffic. The Engineer will calculate the percent of lab density to the nearest 0.01% and round it to the nearest 0.1 %. Should the percent of lab density in a control strip exceed 99.0 %, the Engineer may require the establishment of an additional control strip. If a control strip does not meet the minimum density requirements specified in Table 330 -3, take appropriate corrective actions and construct a new control strip. If three consecutive control strips fail to meet specification requirements, the Engineer will limit - production and placement of the mix to 800 to 1,000 feet [250 to 300 m], regardless of the thickness and width the Contractor is placing, until the Contractor obtains a passing control strip. Once the Contractor has obtained a passing control strip after a failing control strip (for the same mix, layer, and project), the Department will use the passing control strip to accept all previously laid mix. In the event the Contractor does not obtain a passing control strip, and this particular mix, layer, etc., is completed on the project, the Engineer will evaluate density in accordance with FM 5 -543. Table 330 -3 Roadwa Requirements for Bituminous Concrete Mixes Mix Type Density Minimum Control Strip Density* (% of Lab Densit ) Surface Tolerance IS -I, S -II, S -III, Type II, Type per 330 -11.3 96 per 330 -13 J -SS -59 2 -26 -03 I f, o -7 l im III, SAHM Testing Requirements for Partial LOTS LOT Size Number of Tests ABC -1, ABC -2, ABC -3 per 280 -8.6 96 per 200 -7 FC -2, FC -5 No density required N/A per 330 -13 FC -3 per 330 -11.3 96 per 330 -13 The minimum control strip density requirement for shoulders is 95176 of lab density. 330 - 11.3.3 LOTs: For the purpose of acceptance and partial payment, the Engineer will divide each day's production into LOTs. The Engineer will close out all LOTs at the end of the day. The standard size of a LOT is 5,000 feet [1,500 m] of any pass made by the paving train regardless of the width of the pass or the thickness of the course. A sublot will be 1,000 feet [300 m] or less. The Engineer will consider pavers traveling in echelon as two separate passes. When at the end of a production day, the completion of a given course, layer, or mix, or at the completion of the project, and a LOT size is determined to be less than 5,000 feet [1,500 m], it will be considered a partial LOT. Handle partial LOTs as follows: If the length of the partial LOT is 2,000 feet [600 m] or less, and a previous full -size LOT from the same day, mix, layer, and project is available, then the previous full -size LOT will be redefined to include this partial LOT and the number of tests required for the combined LOT will be as shown in Table 330 -4. If the partial LOT is 600 m or less, and a previous full -size LOT from the same day, mix, layer, and project is not available, the Engineer will evaluate the partial LOT separately and perform the number of tests required for the partial LOT as shown in Table 330 -4. If the partial LOT is greater than 2,000 feet [600 m] long, the Engineer will evaluate the partial LOT separately and perform the number of tests required for the partial LOT as shown in Table 330 -4. Table 330 -4 Testing Requirements for Partial LOTS LOT Size Number of Tests Less than 3,000 feet [900 m] 3 3,001 to 4,000 feet [901 to 1,200 m] 4 4,001 to 5,000 feet [1,201 to 1,500 m] 5 5,001 to 6,000 feet [1,501 to 1,800 m] 6 6,001 to 7,000 feet [1,801 to 2,100 m] 7 Greater than 7,000 feet [2,100 m] 2 LOTs For each LOT and partial LOT, the Engineer will make density determinations at a frequency shown in Table 330 -4 at random locations within the LOT, but will not take them within 12 inches [300 mm] of any unsupported edge. The Engineer will determine the random locations by the use of statistically derived stratified random number tables. For the Contractor to receive full payment for density, the average density of a LOT shall be a minimum of 98.0% of the control strip density. Once the Engineer determines the average density of a LOT, do not provide additional compaction to raise the average. Notify the Engineer should the average density for two consecutive LOTS be greater than 102% of control strip density. 330 - 11.3.4 Acceptance: The Engineer will accept the completed pavement with respect to density on a LOT basis. The Department will make partial payment for those LOTs J -SS -60 2 -26 -03 M - that have an average density less than 98.0% of the Control Strip Density based on the following schedule: R 7 d Table 330 -5 Payment Schedule For Density Percent of Control Strip Density* Percent of Payment 98.0 and above 100 97.0 to less than 98.0 95 96.0 to less than 97.0 90 Less than 96.0 ** 75 *In calculating the percent of control step density, do not rouna orr the rinai percentage. * *If approved by the Engineer, based on an engineering determination that the material is acceptable to remain in place, the Contractor may accept the indicated partial pay; otherwise, the Department will require removal and replacement at no cost. The Contractor has the option to remove and replace at no cost to the Department at any time. 330 - 11.3.5 Density Requirements for Small Projects and Other Non - mainline Roadway Areas: For projects less than 1,000 feet [300 m] in length and bridge projects with approaches less than 1,000 feet [300 m] each side, the requirements for control strips and nuclear density determination will not apply. Use the standard rolling procedures as specified in 330- 11.1.2. The provisions for partial payment to these small projects do not apply. In other non - mainline roadway areas where it is not practical to establish a control strip, such as parking areas, toll plazas, turn lanes, and acceleration/deceleration lanes, the Contractor may use the standard rolling procedure to determine density requirements if so authorized in writing by the Engineer. 330 -12 Joints. 330 -12.1 Transverse Joints: Place the mixture as continuously as possible. Do not pass the roller over the unprotected end of the freshly laid mixture except when discontinuing the laying operation long enough to permit the mixture to become chilled. When thus interrupting the laying operation, construct a transverse joint by cutting back on the previous run to expose the full depth of the mat. 330 -12.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches [150 to 300 mm] laterally between successive layers. The Engineer may waive this requirement where offsetting is not feasible due to the sequence of construction. Place friction courses such that longitudinal joints do not extend into the final travel lane shown on the plans by more than 4 inches [100 mm] . 330 -12.3 General: When laying fresh mixture against the exposed edges of joints (trimmed or formed as provided above), place it in close contact with the exposed edge to produce an even, well- compacted joint after rolling. 330 -12.4 Placing Asphalt Next to Concrete Pavement: When placing asphalt next to _. concrete pavement, construct the joint in accordance with Section 350. 330 -13 Surface Requirements. 330 -13.1 Contractor Responsibility: Furnish a 15 foot [4.572 m] manual and a 15 foot [4.572 m] rolling straightedge. Make them available at the job site at all times during the paving J -SS -61 2 -26 -03 r r operation for checking joints and surface irregularities. Obtain a smooth surface on all pavement courses placed, and then straightedge all intermediate and final courses with a 15 foot [4.572 m] rolling straightedge. Calibrate the 15 foot rolling straightedge at the beginning of each testing day. Correct all deficiencies in excess of 3/8 inch [10 mm] on all intermediate courses as approved by the Engineer, before placing the next course. 330 -13.2 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture and compaction with no pulled, torn, crushed or loosened portions and free of segregation, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing requirements in accordance with 330 -13.4. Do not use asphalt concrete mixtures containing aggregates that cause a different color appearance in the final wearing surface in sections less than 1 mile [1.5 km] in length and across the full width of the roadway unless approved by the Engineer. 330 -13.3 Acceptance Testing for Surface Tolerance: 330 - 13.3.1 General: Notify the Engineer of the location and time of testing a minimum of 48 hours before beginning testing. Perform acceptance testing for surface tolerance on all pavement lanes and ramps where the width is constant, including all construction joints and document all deficiencies on a form approved by the Engineer. Do not perform acceptance testing for surface tolerance with the rolling straightedge as provided below at intersections, tapers, crossovers, transitions at beginning and end of project, parking lot(s) and similar areas. However, correct any individual surface irregularity in these areas that deviates from plan grade in excess of 3/8 inch [10 mm] as determined by a 15 foot [4.572 m] manual straightedge, and that the Engineer deems to be objectionable, in accordance with 330 -13.4. Provide traffic control in accordance with the Roadway and Traffic Design Standards Index No. 627 during all testing. When traffic control can not be provided in accordance with Index 627, submit a Traffic Control Plan for the Engineer's written approval. Include the cost of this traffic control and testing in the Contract bid prices for the asphalt items. 330 - 13.3.2 Test Method: Perform acceptance testing with one pass of a standard 15 foot [4.572 m] rolling straightedge operated along outside wheel path of each lane tested. This does not preclude the Engineer from requiring additional acceptance testing at other locations within the lane being tested. 330 - 13.3.3 Acceptance Criteria for Last Layer Prior to Friction Course: Furnish and operate an approved 15 foot [4.572 m] rolling straightedge for testing of the last layer prior to the friction course as directed and supervised by the Engineer. Correct all deficiencies in excess of 3/16 inch [5 mm] in accordance with 330 -13.4, and retest the last layer prior to placement of the friction course. Where the final surface is not a friction course, meet acceptance criteria in accordance with 330 - 13.3.4. 330 - 13.3.4 Acceptance Criteria for Final Surface or Friction Course: Upon completion of the final surface or friction course, perform acceptance testing for surface tolerance on the finished surface with a 15 foot [4.572 m] rolling straightedge. Correct all deficiencies in excess of 3/16 inch [5 mm] in accordance with 330 -13.4, except do not correct by overlaying when the final surface is a friction course. For bicycle path, correct all deficiencies in excess of 3/8 inch [10 mm] in accordance with 330 -13.4. 330 - 13.3.5 Adjustment of Pay Item Quantity: The Engineer may waive corrections specified above if an engineering determination indicates that the deficiencies are sufficiently separated so as not to significantly affect the ride quality of the pavement and corrective action would unnecessarily mar the appearance of the finished pavement. J -SS -62 2 -26 -03 16 8 7 - -- Where the Engineer elects to waive correction and the finished pavement surface is a friction course, the Department will reduce the pay quantity for Asphaltic Concrete Friction Course by the amount of friction course that the Contractor would have removed and -- replaced if the Contractor had made the correction. Where the Engineer elects to waive a correction and the finished pavement surface is other than a friction course, the Department will reduce the appropriate pay quantity for Asphaltic Concrete by the equivalent quantity of materials that the Contractor would have removed and replaced if the Contractor had made the correction. a. Where the pay quantity is in tons [metric tons], the Department will base the reduction on the volume that the Contractor would have removed (100 feet by lane width by layer thickness [30 m by lane width by layer thickness]) multiplied by the laboratory density for the mix. b. For open grade friction course, the Department will base the reduction on the area that the Contractor would have removed (100 feet by lane width) [(30 in by lane width)] multiplied by the following spread rates: 1. for FC -2 with granite, oolitic limestone or other conventional aggregate, use 55 lb /yd2 [30 kg /m2]. 2. for Lightweight aggregate use 32 lb/yd 2 [17 kg/m2]. 3. for FC -5, use 75 lb /yd2 [41 kg/m2]. If the Engineering determination indicates that the deficiencies on the bicycle path are due to field geometrical conditions, the Engineer will waive correction with no deduction on pay quantity. 330 -13.4 Correcting Unacceptable Pavement: The Contractor may select one of the following methods, unless 330 - 13.3.4 prohibits overlaying: a. Removing and Replacing: If correction is made by removing and replacing the pavement, remove the full depth of the course and extend at least 50 feet [15 m] on - either side of the defective area for the full width of the paving lane. b. Overlaying: If correction is made by overlaying, cover the length of the defective area and taper uniformly to a featheredge thickness at a minimum distance of 50 feet [15 m] on either side of the defective area. Extend the overlay the full width of the roadway. Maintain the specified cross slope. The Engineer may adjust, as necessary, the mix used for the w overlay for this purpose. c. Other Methods: For parking lot as well as bicycle path and courses which will not be the final pavement surface, correct minor straightedge deficiencies by methods other than specified above as approved by the Engineer. Perform all corrective work, at no expense to the Department. 330 -14 Protection of Finished Surface. Keep sections of newly compacted asphaltic concrete, which are to be covered by additional courses, clean until the successive course is laid. Do not dump embankment or base material directly on the pavement. Dress shoulders before placing the friction course on adjacent pavement. Equip blade graders operating adjacent to the pavement during shoulder construction with a 2 by 8 inch [50 by 200 mm] or larger board, or other attachment providing essentially the same results, attached to their blades in such manner that it extends below the blade edge in order to protect the pavement surface from damage by the grader blade. J -SS -63 2 -26 -03 1687 To prevent rutting or other distortion, protect sections of newly finished dense - graded friction course and the last structural layer prior to the friction course from traffic until the surface temperature has cooled below 160 °F [70 0C]. The Contractor may use artificial methods to cool the pavement to expedite paving operations. The Department may direct the Contractor to use artificial cooling methods when maintenance of traffic requires opening the pavement to traffic at the earliest possible time. 330 -15 Correcting Deficient Thickness. 330 -15.1 Allowable Deficiencies: When the Department pays for the pavement on a square yard [square meter] basis, the Engineer will determine the thickness from the length of the core borings as specified in 330 -16.1. The Engineer will allow a maximum deficiency from the specified thickness as follows: 1. For pavement of a specified thickness of 2 1/2 inches [60 mm] or more: 1/2 inch [13 mm]. 2. For pavement of a specified thickness of less than 2 1/2 inches [60 mm]: 1/4 inch [6 mm]. 330 -15.2 Pavement Exceeding Allowable Deficiency in Thickness: 330 - 15.2.1 When Deficiency is Seriously in Excess: Where the deficiency in thickness is: (1) in excess of 3/8 inch [10 mm] for pavement of less than 2 1/2 inch [60 mm] in specified thickness, or (2) in excess of 3/4 inch [20 mm] for pavement of specified thickness of 2 1/2 inch [60 mm] or more, correct the deficiency either by replacing the full thickness for a length extending at least 50 feet [ 15 m] from each end of the deficient area, or, when the Engineer allows, by overlaying as specified in 330 - 15.2.3 The Department will not compensate the Contractor for any pavement removed or for the work of removing such pavement. 330 - 15.2.2 When Deficiency is Not Seriously in Excess: When the deficiency in the thickness of the pavement is over 1/4 inch [6 mm] but not more than 3/8 inch [10 mm] for pavement of specified thickness less than 2 1/2 inches [60 mm], or when the deficiency in thickness is over 1/2 inch [13 mm] but not more than 3/4 inch [20 mm] for pavement of specified thickness of 2 1/2 inches [60 mm] or greater, the Engineer will allow the Contractor to leave such pavement in place, but without compensation. The Department will determine the square yard [square meter] area, for which it will make no payment, by multiplying the product of the total distance between acceptable cores by the lane width which the Contractor laid at the particular pass in which deficient thickness was indicated. Perform all overlaying and compacting at no expense to the Department. 330 - 15.2.3 Correcting Deficiency by Adding New Surface Material: For any case of excess deficiency of the pavement, if approved by the Engineer for each particular location, correct the deficient thickness by adding new surface material, and compact it to the same density as the adjacent surface. The Engineer will determine the area to be corrected and the thickness of new material added as specified in 330 -13.3. Perform all overlaying and compacting at no expense to the Department. 330 -16 Calculations for Thickness of Pavement to be Paid for (Applicable Only Where the Pavement Is to be Paid for by the Square Meter). 330 -16.1 Core Borings: When the Department is ready to core the finished asphalt construction for thickness, provide traffic control, coring equipment, and an operator to obtain the cores. Provide traffic control in accordance with the standard maintenance of traffic requirements as specified in this Contract. The Department will make no additional payment for J -S S -64 2 -26 -03 traffic control or coring. The Engineer will select the coring locations and make the acceptance measurements. Provide a representative to be present during the entire coring operations for acceptance purposes. The Engineer will determine the thickness of the pavement from the length of cores, at least 2 inches [50 mm] in diameter, taken at random points on the cross - section and along the roadway. The Engineer will locate each core to represent a section of roadway no longer than 200 feet [60 m], regardless of the number of lanes. The Engineer will determine the thickness for paved shoulders and widening separate from the mainline roadway and will locate each core to represent a section no longer than 400 feet [120 m] for each shoulder or widening. The Engineer will determine the average thickness from the measured thicknesses, in accordance with the procedure and criteria as specified herein. If, during coring operations the Engineer cannot determine the line of demarcation between pay items, the Engineer will direct that cores extend to the full combined depth of the pay items to determine total thickness. In such cases, the Engineer will prorate all adjustments based on the plan thickness of the pay items. The Engineer will make thickness adjustments in accordance with the following: Sid, —( T` 1)SP n Bad; =( I)BP T T� P where: Sadi = Thickness adjustment of structural course Badj = Thickness adjustment of base course Tc = Total combined specification average thickness TP = Total combined plan thickness SP = Plan thickness of structural course BP = Plan thickness of base course If the Contractor believes that the number of cores taken is insufficient to properly indicate the thickness of the pavement, he may request that the Engineer select additional boring locations. The Department will deduct the cost of selecting additional boring locations and m. measuring the cores from any sums due the Contractor unless such borings indicate that the pavement within the questioned area is of specified thickness. 330 -16.2 Criteria for Calculations: a. The Engineer will calculate average thickness for the total length of project. b. When the thickness as measured by the cores is more than 1/2 inch [13 mm] greater than the specified thickness, the Engineer will consider it as the specified thickness plus 1/2 inch [13 mm] in the calculation. c. The Engineer will not take into account in the calculations areas of deficient - thickness pavement that the Contractor left in place for no compensation as specified in 330 - 15.2. d. Where the Contractor corrects areas of defective surface or deficient thickness by overlaying with additional material, the Engineer will use the specified thickness for such areas in the calculations. J -SS -65 2 -26 -03 18. TYPE S ASPHALT CONCRETE. ARTICLE 331 -1 (Pages 266 -268) is deleted and the following substituted: 331 -1 Description. 331 -1.1 General: Construct a Type S Asphalt Concrete course using the type of mixture specified in the Contract, or when offered as alternates, as selected. If offered as alternates, meet the layer thickness criteria specified in 331 -1.2. Type S mixes are identified as Type S -I, Type S- II, or Type S -III. The composition and physical test properties for all mixes including Type S Asphaltic Concrete are shown in Tables 331 -1 and 331 -2. Where Type S Asphalt Concrete is specified in the Contract, if approved by the Engineer, the equivalent fine Type SP Asphalt Concrete mixture (Traffic Level C) meeting the requirements of Section 334 may be selected as an alternate at no additional cost to the Department. The equivalent mixes are as follows: Type S -I Type SP -12.5 Type S -II Type SP -19.0 Type S -III Type SP -9.5 Meet the requirements for plant and equipment specified in Section 320. Meet the general construction requirements specified in Section 330. Table 331 -1 Bituminous Concrete Mixtures (Gradation Design Range) Type Total Agg re ate Passing Sieves 3/4 inch [ 19.0 mm] 1/2 nch [12 . 5 mm] 3/8 inch [9.5 mm] o. 4 [4.75 m] o. 10 [2.0 mm] o. 40 [425 µm] o. 80 [ 180 µm] o. 200 [75 µm] S -I 100 88 -98 75 -93 7 -75 31 -53 19 -35 -21 2 -6 S -11 83 -98 1 -87 62 -78 7 -63 33 -49 19 -35 -18 2 -6 S -III 100 88 -98 0 -90 0 -70 20 -45 10 -30 2 -6 Type II 100 90 -100 80 -100 55 -90 2 -12 Type Ell 100 80 -100 5 -100 0 -75 20 -45 10 -30 2 -10 SAHM 100 -12 ABC -1 100 -12 ABC -2 100 55 -90 -12 ABC -3 3 70 -100 30 -70 20 -60 10 -40 2 -10 C -2 1100 85 -100 10 -40 -12 2 -5 C -3 1100 88 -98 60 -90 0 -70 20 -45 10 -30 2 -6 In inches [mm] or sieves [[tm]. 2 100% passing 1 1/4 inch [31.5 mm] sieve and 94 to 100% passing 1 inch [25.0 mm] sieve. 100% passing 1 1/2 inch [37.5 mm] sieve. The Engineer may increase the design range for the No. 10 [2.00 mm] sieve for lightweight aggregates. The Engineer may retain up to 1% on the maximum sieve size. Table 331 -2 Non SI Units Marshall Design Properties For Bituminous Concrete Mixes J -SS -66 2 -26 -03 .16 B 7 Table 331 -2 SI Units Marshall Design Prop erties For Bituminous Concrete Mixes Minimum Minimum Marshall Stability (kN) low ** (mm) Minimum VMA ( %) Air Voids ( %) Minimum Effective Asphalt Content ( %) VFA Voids Filled with Asphalt ( %) Marshall low ** .0 -3.3 Air -5 * ** ix Stability (0.01 Minimum Voids Minimum EffectiveLA Voids Filled with e (lbs.) in.) IVMA ( %) ( %) Asphalt Content ( %) Asphalt ( %) S -I 1,500* 8 -13 14.5 -5 * ** 65 -75 S -II 1,500* 8 -13 13.5 -5 * ** 5 -75 S -III 1,500* 8 -13 15.5 -6 * ** 5 -75 Type 500 -750 -15 18 5 -16 .0 - ype Ell 750 -1,000 7 -15 15 5 -12 5.5 - SA 300 -500 7 -15 15 5 -16 6.0 - ABC -1500 C -2 -15 15 5 -16 6.0 - ABC-2P50 C -3 7 -15 15 5 -14 5.5 - ABC- 31,000 8 -13 14 -7 * ** 5 -78 C -2 - - - - - - C -3 11,500 8 -13 115.5 -6 * ** 65 -75 *The minimum Marshall Stability for Type S mixes used on limited access facilities (Interstate, Turnpike, and Expressways) shall be 1,800 lbs. * *The maximum Flow value during production shall not exceed one point more than shown in the Table. ** *The ratio of the percentage by weight of total aggregate passing the No. 200 sieve to the ffective asphalt content expressed as a percentage by weight of total mix shall be in the range o .6 to 1.2. Table 331 -2 SI Units Marshall Design Prop erties For Bituminous Concrete Mixes Mix Type Minimum Marshall Stability (kN) low ** (mm) Minimum VMA ( %) Air Voids ( %) Minimum Effective Asphalt Content ( %) VFA Voids Filled with Asphalt ( %) S -I 6.7* .0 -3.3 114.5 -5 * ** 5 -75 S -II 6.7* .0 -3.3 13.5 -5 * ** 5 -75 S -III 6.7* 2.0 -3.3 15.5 -6 * ** 65 -75 Type II 2.2 -3.3 1.8 -3.8 18 5 -16 6.0 Type III 3.3 -4.4 1.8 -3.8 15 5 -12 5.5 - SAHM 1.3 -2.2 1.8 -3.8 15 5 -16 6.0 - BC -1 2.2 1.8 -3.8 15 5 -16 6.0 - BC -2 3.3 1.8 -3.8 15 5 -14 5.5 - ABC -3 4.4 2.0 -3.3 14 -7 * ** 65 -78 C -2 - - 1 - - - C -3 16.7 2.0 -3.3 115.5 -6 * * * 65 -75 J -SS -67 2 -26 -03 16B7' '� *The minimum Marshall Stability for Type S mixes used on limited access facilities (Interstate, Turnpike, and Expressways) shall be 8.0 kN. * *The maximum Flow value during production shall not exceed 0.25 mm more than shown in he Table. ** *The ratio of the percentage by weight of total aggregate passing the 75µm sieve to the ffective asphalt content expressed as a percentage by weight of total mix shall be in the range of .6 to 1.2. The Engineer will accept the work on a LOT to LOT basis in accordance with the applicable requirements of Sections 5, 6, and 9. The size of the LOT will be as specified in 331 -5 for the bituminous mixture produced at the plant and as stipulated in 330 -11 and 330 -13 for the material placed on the roadway. 331 -1.2 Layer Thicknesses: 331 -1.2.1 Structural Layers: The allowable layer thicknesses for Type S Asphalt Concrete mixtures used in structural and overbuild applications is as follows: Type S -III 3/4 — 1 1/4 inches [20 — 30 mm] Type S -I 1 1/4 — 2 1/2 inches [30 — 60 mm] Type S -II 2 — 2 3/4 inches [ 50 — 70 mm] In addition to the minimum and maximum thickness requirements, the following restrictions are placed on Type S mixtures when used as a structural course: Type S -III — Limited to the final (top) structural layer, one layer only. Type S -I — May not be used in the first layer of courses over 3 1/2 inches [90 mm] thick, nor in the first layer of courses over 2 3/4 inches [70 mm] thick on limited access facilities. Type S -II — May not be used in the final (top) structural layer. 331 -1.2.2 Additional Requirements: The following requirements also apply to Type S Asphalt Concrete mixtures: 1. A minimum 1 1/2 inch [40 mm] initial lift is required over an Asphalt Rubber Membrane Interlayer (ARMI). 2. When construction includes the paving of adjacent shoulders ( #5 feet [ #1.5 m] wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless shown differently in the plans. 3. All overbuild layers shall be Type S asphalt concrete. Use the minimum and maximum layer thicknesses as specified in 331 -1.2.1 unless shown differently in the plans. On variable thickness overbuild layers, the minimum allowable thickness may be reduced by 1/2 inch [13 mm], and the maximum allowable thickness may be increased 1/2 inch [13 mm], unless shown differently in the plans. Other variations from these thicknesses shall be approved by the Engineer. ARTICLE 331 -4.3 (Pages 271 and 272) is expanded by the following new Subarticle: 331 -4.3.4 Revocation of Mix Design: The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and the Engineer will no longer allow the use of the mix design. J -SS -68 2 -26 -03 SUBARTICLE 331 -4.4.2 (Pages 272 and 273). The first paragraph is deleted and e oll win substituted: 1 7 - ; 331 -4.4.2 Extraction Gradation Analysis: Sample the bituminous mixture at the plant in accordance with FM 1 -T 168. Determine the percent bitumen content of the mixture in accordance with FM 5 -563, and determine the percent passing the standard sieves in accordance with FM 1 -T 030. In the event the calibration factor for the mix exceeds 0.50 %, conduct the extraction and gradation analysis in accordance with FM 5 -544 and FM 5 -545, respectively. Show all test results to the nearest 0.01. Carry all calculations to the nearest 0.001 and rounded to the nearest 0.01, in accordance with the Department's rules of rounding. SUBARTICLE 331 -5.5.2 (Page 278) is deleted and the following substituted: 331 -5.5.2 Failing Marshall Properties: When the average value of the specimens fails to meet specification requirements for stability or flow, the Engineer may stop the plant operations until all specification requirements can be met or until another verified mix design has been approved. Make revisions to a mix design in accordance with 331 - 4.3.2. If the Lab Density of the mix during production differs from the value shown on the verified mix design by more than 21bs /ft3 [32 kg/m3] for two consecutive tests, the Engineer will revise the target value. 19. VISCOSITY OF ASPHALT IN MIXES CONTAINING RAP. SUBARTICLE 331 -4.4.4 (Page 274). The last paragraph is deleted and the following substituted: If the viscosity determined by the Engineer is out of the specified range, adjust the binder formulation or blend of RAP in the mix to bring the viscosity within tolerance. 20. MISCELLANEOUS ASPHALT PAVEMENT. SECTION 339 (Pages 317 and 318) is deleted and the following substituted: SECTION 339 MISCELLANEOUS ASPHALT PAVEMENT 339 -1 Description. Construct asphalt pavement in areas where vehicular traffic does not travel, such as pavement under guardrail, bicycle paths, median pavement, sidewalks, etc. Also, chemically treat the underlying soil to prevent plant growth. 339 -2 Materials. -- For the pavement, use any plant -mixed hot bituminous mixture meeting the requirements of a mix design verified by the Engineer, except do not use open - graded friction course (FC -2 and FC -5). For bicycle paths, use a mixture that produces a finished pavement which will not - distort or mar under bicycle or mower wheel loads. In general, the Engineer will accept the mixture on the basis of visual inspection with no further testing required. 339 -3 Foundation and Soil Treatment. J -SS -69 2 -26 -03 1687 1 Prior to placing of the hot bituminous mixture, shape the soil on which the pavement is to be constructed to a surface true to the lines, grades and typical cross - sections shown in the plans, and compact the soil to a firm state. Immediately before placing the pavement, uniformly apply a pre- emergent herbicide that carries an approved label for use under paved surfaces to the foundation soil in accordance with directions on the label. Contact the local County Extension Office for a list of approved herbicides. Prevent damage to vegetation adjacent to the paved area when applying herbicide. Replace, at no expense to the Department, any plant growth damaged as the result of soil treatment solution being applied to areas outside those designated to receive treatment. 339 -4 Placing Mixture. Uniformly place the hot bituminous mixture by machine or hand methods at the rate of spread or dimensions indicated in the plans or as otherwise directed by the Engineer. If posts are to be constructed within the pavement area, the Contractor may cut holes for installation through the completed pavement. After completing installation of posts and compaction of the backfill material, patch the area around each post with fresh hot bituminous mixture. If directed by the Engineer, place miscellaneous asphalt pavement prior to placement of the final surface course. 339 -5 Compacting Mixture. Uniformly compact the hot bituminous mixture with lightweight rollers or vibratory compactors as directed by the Engineer. The Contractor may use hand tamps for compaction in areas which are inaccessible to other compaction equipment. The Engineer will not require a specific density. 339 -6 Surface Requirements. Provide a finished surface that is reasonably smooth, of uniform texture, and shaped so as to drain without ponding of water. Upon completion of the pavement, shape the surface of the adjacent earth to match the pavement edges. 339 -7 Method of Measurement. The quantity to be paid for will be the weight, in tons [metric tons], determined by weighing in trucks on scales meeting the requirements of 320 -2.2 or from the total weight of batches placed in trucks as determined by an automatic printer system meeting the requirements of 320 -2.4. The pay quantity will be based on the average spread rate or dimensions for the project, limited to a maximum of 105% of the plan quantity. For calculation, a weight of 100 lbs /yd2 per inch [22 kg/m2 per 10 mm] thickness of asphalt will be used. 339 -8 Basis of Payment. Price and payment will be full compensation for all work specified in this Section, including shaping and compacting the foundation, soil sterilization treatment, furnishing of the bituminous material used in the mixture, and shaping of adjacent earth surfaces. Payment will be made under: Item No. 339- 1- Miscellaneous Asphalt Pavement - per ton. Item No. 2339- 1- Miscellaneous Asphalt Pavement - per metric ton 21. PORTLAND CEMENT CONCRETE — CLASS I (NONSTRUCTURAL). J -SS -70 2 -26 -03 1B7. SECTION 347 (Pages 346 -349) is deleted and the following substituted: -- SECTION 347 PORTLAND CEMENT CONCRETE - CLASS I (NONSTRUCTURAL) 347 -1 Description. The requirements of this Section are applicable to concrete designated as Class I (Nonstructural), hereinafter referred to as concrete. Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials. Deliver concrete to placement site in a freshly mixed, unhardened state. 347 -2 Materials. 347 -2.1 General: Certify that all materials used in concrete are from Department approved sources, and free from frozen or other detrimental matter. Meet the following requirements: -- (a) Portland Cement Section 921 (b) Fine Aggregate Section 902 (c) Coarse Aggregate Section 901 (d) Water Section 923 (e) Chemical Admixtures Section 924 (f) Pozzolans and Slag Section 929 347 -2.2 Admixture Requirements: Chemical admixtures may be added at the dosage rates recommended by the manufacturer. 347 -2.3 Substitution of Materials: Approved material sources may be substituted for similar materials indicated on the originally approved mix design. Use originally approved mix components and proportions, when unsatisfactory test results are obtained from the use of the substituted material(s). 347 -2.4 Material Storage: Use a concrete production facility that meets the following requirements: 347 -2.4.1 Cementitious Materials Storage: Provide a separate and clearly labeled weatherproof facility to store each brand or type of cementitious material without mixing or _. contamination. Provide a suitable, safe and convenient means of collecting cementitious material samples at each storage facility. 347 -2.4.2 Aggregate Storage: Provide suitable bins, stockpiles or silos to store and -- identify aggregates without mixing, segregating or contaminating different grades or types of materials. Identify Department approved pit number and aggregate type /gradation. Handle the aggregates in a manner to minimize segregation and meet the specification requirements when recovered from storage. Continuously and uniformly sprinkle coarse aggregate with water, for 24 hours preceding introduction into the concrete mix. Maintain stored aggregates in a well - drained condition to minimize free water content. Provide access for the Engineer to sample the -' aggregates from the recovery side of the storage facility. 347 -3 Production, Mixing and Delivery. 347 -3.1 Concrete Production Requirements: Deliver concrete from a production facility that is certified by the National Ready -Mixed Concrete Association (NRMCA) or approved by J -SS -71 2 -26 -03 1687 `y the District Materials Office and on the Department's approved plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates. On concrete placements expected to exceed three hours, perform an additional moisture test approximately half way through the batching operations and adjust batch proportions accordingly. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 351 of the Florida Statutes. At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture supplier. 347 -3.2 Mixers: Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container. 347 -3.3 Delivery: The maximum allowable mixing and agitation time of concrete is 120 minutes. Water may be added at the job site before discharging concrete, provide the ratio values for water to cementitious materials and slump remain below the maximum allowable values specified in the approved mix design. 347 -4 Control of Quality. 347 -4.1 Concrete Mix Design: Before producing any concrete, submit the proposed mix design to the Engineer on a form provided by the Department. Use only concrete mix designs meeting the following requirements and having prior approval of the Engineer. Maximum water to cementitious materials ratio 0.55 lbs /lbs [0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum Cementitious Materials Content 470 lbs/ d 3 [280 kg/M3] Slump 0 to 6 inch [0 to 150 mm] Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on the Department concrete delivery ticket. The Engineer may disqualify any concrete production facility for non - compliance with Specification requirements. 347 -4.2 Sampling and Testing: The Engineer may sample and test the concrete at his discretion to verify its quality. 347 -4.3 Records: Maintain the following records for review for at least three years: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices. J -SS -72 2 -26 -03 b7 -- 5. Recent NRMCA or Department inspection records certifying plant can produce concrete and documentation showing that action has been taken to correct deficiencies noted during the inspections. 347 -5 Certification and Acceptance. Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The Department will provide the Delivery Ticket Form. The concrete producer may use an alternate form provided that it contains the required information. Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher responsible for production of the concrete, certifying that the batch was produced in accordance with specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the - maximum specified water to cementitious materials ratio was not exceeded due to any jobsite adjustments to the batch, and that the batch was delivered and placed in accordance with specification requirements. _. Concrete acceptance by the Department will be by Certification on the Delivery Ticket, as described herein, by the Batcher and the Contractor. The Engineer will hold the contractor responsible for rejecting loads of concrete that do not meet specification requirements, or - exceeds the allowable slump or water to cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet the 28 -day compressive strength requirements. At the sole option of the Department, the Engineer may accept concrete at a reduced pay when it is determined that the concrete may not serve its intended function. 22. REINFORCING STEEL. SECTION 415 (Pages 423 -429) is deleted and the following substituted: SECTION 415 REINFORCING STEEL 415 -1 Description. Furnish and place in concrete masonry reinforcing steel of the quality, type, size, and quantity designated. 415 -2 Materials. Meet the following requirements: Bar Reinforcement 931 -1.1 Fabric Reinforcement 931 -1.2 415 -3 Protection of Material. Store steel reinforcement above the surface of the ground, upon platforms, skids, or other -- supports, and protect it as far as practicable from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placing steel reinforcement in the work, ensure that the steel reinforcement is free from loose rust, scale, dirt, paint, oil, and other foreign material. 415 -4 Bending, Splicing, and Cutting. J -SS -73 2 -26 -03 1687 Fabricate reinforcing bars as prescribed in the CRSI Manual of Standard Practice. Bend the reinforcement cold to the shapes indicated in the plans. Perform bending in the shop before shipment, and not in the field unless shown otherwise in the Contract Documents. Do not hot bend or straighten, weld, or thermal cut reinforcing steel unless otherwise specified in the Contract Documents. 415 -5 Placing and Fastening. 415 -5.1 Bar Spacing - General: Except as otherwise specified herein, ensure that each bar is within 1 inch [25 mm] of the plan position. 415 -5.2 Mortar Blocks for Spacing: Use precast mortar blocks to space and support the reinforcing steel. Use blocks composed of one part of cement to two parts of concrete sand that have wires cast into them for fastening to the steel. Moist -cure the blocks for at least three days. 415 -5.3 Wire for Tying: For tying reinforcing steel, use soft pliable wire, that readily bends and twists without breaking and that provides a tie of sufficient strength to hold the reinforcing steel in its proper position. 415 -5.4 Splices: Where splices are authorized, rigidly clamp the bars or tie them in a manner meeting the Engineer's approval. Use the splice length as shown on the plans. The Contractor may submit additional splices the Specialty Engineer recommends for approval prior to use. Do not use welded splices except as specifically authorized by the Engineer and, when authorized, meet the requirements of AWS D 1.4 "Structural Welding Code - Reinforcing Steel ". Use mechanical couplers or splice devices which develop at least 125% of the specified yield strength of the bar being spliced and are listed on the Departments Qualified Products List. 415 -5.5 Footings: 415 -5.5.1 Supports: In general, support the footing mat steel with mortar blocks having dimensions not greater than 4 by 4 inches [100 by 100 mm] by plan clearance. Fasten mortar blocks to the steel using the cast -in wires. The Engineer may approve other proposed means of support. 415 -5.5.2 Tolerances: Place footing mat steel within 1/2 inch [13 mm] vertically from the plan bottom clearance and within 1 inch [25 mm] from the plan side clearance. 415 -5.5.3 Tying: Tie footing mat steel with a double- strand single tie at all intersections on the periphery and at alternate intersections within the mat. 415 -5.6 Dowel Bars for Columns and Walls: 415 -5.6.1 Supports and Positioning: Position dowel bars projecting into columns and walls so as to allow splicing of the column bars or vertical wall bars to the dowels and to tie the dowel bars in their plan position. Support the dowel bars by a rigid template constructed across the top of the footing, and attach them to the template in such manner that placing the concrete does not disturb their position. Set the supports prior to the pouring of the concrete in the footings, and do not push dowel bars into the wet concrete after placing the footing concrete. 415 -5.6.2 Tolerances: Place the dowels within 1/2 inch [13 mm] of their plan position and with a side clearance tolerance not exceeding 1/4 inch [6 mm]. 415 -5.7 Verticals and Hoops for Columns: 415 -5.7.1 Spacing -off from Side Forms: Space -off column steel from the side forms by mortar blocks of dimensions not exceeding 2 by 2 inches [50 by 50 mm] by clearance dimension. Securely fasten each block to the reinforcing. 415 -5.7.2 Tolerances and Clearance: J -SS -74 2 -26 -03 2 -26 -03 Column Verticals: Place column verticals within 1/2 inc.' (a) C r their plan position. Ensure that the side form clearance is within 1/4 inch [6 mm] of the specified clearance. - (b) Column Hoops: Place every hoop within 1 inch [25 mm] of the plan position for the specific hoop, with no accumulation of such tolerance caused by the spacing between any two hoops. Ensure that side form clearance for any hoop is within 1/2 inch [13 mm] of its specified clearance. 415 -5.7.3 Tying: Tie the column hoops to the column verticals at each intersection, by a cross tie or "figure 8" tie. 415 -5.8 Wall Steel (Not Including Dowel Bars): 415 -5.8.1 Supports: Space -off wall steel from the side forms by mortar blocks of dimensions not greater than 2 by 2 inches [50 by 50 mm] by clearance dimensions. Fix the spacing between wall mats by means satisfactory to the Engineer. 415 -5.8.2 Tolerance: Except where it is necessary in order to clear a fixture, place each bar within 1 inch [25 mm] of its specified position. In any case, ensure that the number of bars in any affected unit is as specified, and place the remainder of the bars (not thus affected) within the specified 1 inch [25 mm] tolerance. 415 -5.8.3 Tying: Tie wall steel with a cross tie or "figure 8" tie. On the periphery, tie the steel at each intersection. Within the mat, tie the steel at every third intersection, except that where the wall is of such size that it is necessary that workmen use the reinforcing as a ladder, the Engineer may require tying at every other intersection, or at every intersection, as he deems necessary. 415 -5.9 Beams and Caps: 415 -5.9.1 Supports: Maintain bottom clearances by approved heavy beam bolsters. Support additional layers of main longitudinal steel from the lower layers by heavy upper -beam bolsters, placed directly over low supports. Begin the spacing of beam bolsters at not more than 2 feet [0.6 m] from the end of the beams or caps and space the additionally required bolsters at not more than 4 feet Use mortar blocks, having dimensions not greater than 2 by 2 inches [50 by 50 mm] by specified clearance, fastened to the steel by the cast -in wires, for spacing the upper main longitudinal steel below the top bars. Maintain the side clearance by mortar blocks, having dimensions not greater than 2 by 2 inches [50 by 50 mm] by required clearance, fastened to the reinforcing steel by the cast -in wires. 415 -5.9.2 Tolerances: Place the main longitudinal steel so as to provide a bottom and top clearance within 1/4 inch [6 mm] of the plan vertical dimensions for all layers. Space the steel from side forms within 1/2 inch [13 mm] of the specified spacing. . Space and tie the stirrups within 1 inch [25 mm] of the plan position for each individual stirrup, and do not allow the tolerance to accumulate. 415 -5.9.3 Tying: Tie all intersecting bars with a double- strand single tie. —. 415 -5.10 Deck Slabs: 415- 5.10.1 Supports: (a) Bottom Mats: In general, support the bottom mats of steel by one row of slab bolsters placed 6 inches [150 mm] from the edge of the slab and by two rows down each panel between beams. Do not allow the spacing between rows to exceed 4 feet [ 1.2 m], measured center to center. As an exception, when deemed satisfactory by the Engineer, the Contractor may use mortar blocks in lieu of slab bolsters. Use blocks 2 by 2 inches [50 by 50 J -SS -75 2 -26 -03 16B7 mm] by clearance dimensions. Space mortar blocks 4 feet [1.2 m] on center as a maximum. If at any time, however, the Engineer judges that the mortar blocks do not provide the proper support, he may require using slab bolsters. (b) Top Mats: Support the top mats of steel by either continuous high chairs or individual high chairs. Support continuous high chairs along both sides of each beam and approximately 6 inches [150 mm] back from the edge of the beam. Place the outside row of high chairs 6 inches [150 mm] from the edge of the slab. If using individual high chairs, space them transversely, as specified for the continuous high chair, and do not allow the longitudinal spacing to be greater than 4 feet [1.2 m]. As an alternate to the above, on prestress beam construction, the Contractor may support the top mat of steel on the shear connectors bent to the proper elevation with one line of high chairs centered between the beams. (c) Truss Bars: Support truss bars at each end of the top bends by continuous high chairs or by individual high chairs spaced longitudinally at not more than 4 feet [1.2 m]. 415 - 5.10.2 Tolerances: Ensure that top and bottom clearances are within 1/4 inch [6 mm] from those shown on the plans. Ensure that end and bottom clearances are within 1/4 inch [6 mm] from those shown on the plans. Ensure that end and edge clearances are within 1/4 inch [6 mm] of the clearance specified. Place curb bars within 1/4 inch [6 mm] in any direction of the plan position. 415 - 5.10.3 Tying: Tie all steel in each layer with a double- strand single tie at every intersection on the periphery and at every third intersection in the interior area. If encountering difficulty in maintaining the reinforcing steel in position during the placing of concrete, tie additional intersections as necessary to hold the reinforcing steel secure. 415 -5.11 Box Culverts: 415 - 5.11.1 Supports: (a) Bottom Slabs: In the bottom slabs of box culverts, provide supports for single -mat steel and for bottom -mat steel, including placement and spacing, as specified for footing mat steel in 415 -5.5. In addition, where the plans call for more than one mat of steel in the bottom slab of the culvert, support the top mat away from the bottom mat, either by upper beam bolsters or by other means satisfactory to the Engineer. (b) Walls: Place, space and support the steel in walls of box culverts in accordance with the requirements of 415 -5.8. (c) Top Slabs: In the top slabs of box culverts, support the bottom mats of steel by a row of slab bolsters 12 inches [300 mm] from the inside face of the walls and with additional rows of bolsters at spacings not exceeding 4 feet [1.2 m], center to center. As an exception, unless the Engineer deems the use of the slab bolsters as necessary to obtain proper support, the Contractor may use mortar blocks as the supporting device. Use blocks of dimensions not greater than 2 by 2 inches [50 by 50 mm] by the required clearance, with spacings not exceeding 4 feet [ 1.2 m] in any direction. Fasten blocks to the reinforcing steel by the cast -in wires. (d) Truss Bars: Support truss bars as specified in 415 - 5.10.1 (c). 415 - 5.11.2 Tolerances: Use tolerances in placing the steel in box culvert slabs as specified for deck slabs in 415- 5.10.2. Use tolerances for placing steel in walls as specified in 415 - 5.8.2. J -SS -76 2 -26 -03 5.10.3. y 415- 5.11.3 Tying: Tie steel in box culverts as specified for deck slabs in 415- 415 -5.12 Cleaning: Before placing any concrete, clean all mortar from the reinforcement. 415 -5.13 Metal Chairs and Bolsters: 415 - 5.13.1 General: Provide reinforcing steel bar supports manufactured in accordance with all requirements of the CRSI Manual of Standard Practice. Use chairs and bolsters of adequate strength to withstand a 300 pound [1.3 kN] concentrated load without permanent deformation or breakage, with the deformation under a 300 pound [ 1.3 kN] load being less than 5% of the support height. Ensure that no more than 5% of the reinforcing steel bar supports exhibit unsatisfactory performance, breakage, or permanent deformation during rebar tying and/or concrete placement operations. If a bar support does not achieve this level of performance, reduce the average spacing between bar supports by 15 %, or remove that product from use on the job. Ensure that bar supports, both chair and bolster, do not move during concrete placing operations. To prevent movement, tie supports to the reinforcing steel. _. When using bar supports on corrugated metal stay -in -place forms, use supports specifically designed for the form being used. 415 - 5.13.2 Metal Chairs and Bolsters: For metal bar supports in contact with steel stay -in -place forms and metal bar supports in contact with boundary surfaces of concrete to be cast, provide supports constructed with molded plastic legs or plastic protected steel legs. Do not allow any portion of the bar support other than the molded plastic leg or plastic protected portion of the steel leg to be closer than 1/2 inch [13 mm] from the boundary surface of concrete to be cast. Certify that all metal bar supports meet the following requirements: (1) That they are manufactured from cold drawn steel wire in accordance with the wire sizes and geometrical dimensions shown in the CRSI Manual of Standard Practice, Chapter 3, Table H. (2) That the plastic used for protection of the steel legs has a thickness of 3/32 inch [2.5 mm] or greater at points of contact with the form work. Provide plastic protection by a dipping operation, by adding premolded plastic tips to the legs of the support or by molding plastic to the top wire of the support. Ensure that the plastic material used for protection of steel legs does not chip, crack, deform, or peel under ordinary job conditions. Provide molded plastic legs that have sufficient strength to carry the weight of the supported reinforcing steel in its required position without deformation and relaxation under job conditions. �. 415 - 5.13.3 Recycled Plastic Chairs and Bolsters: In addition to the physical properties specified in Section 972, mold plastic rebar supports in a configuration which does not restrict concrete flow and consolidation around and under the rebar support. -. Do not use continuous legs or rails on surfaces of concrete. Meet the requirements of Section 972 for all recycled plastic products. Due to the wide range of applications and heights, ensure that the - manufacturer additionally certifies that he has examined the particular application and that his product is recommended for that stated use for that specific project. Provide each individual bar support with an identification number unique to the particular model permanently marked on the surface as included in the Qualified Products J -SS -77 2 -26 -03 1687 List. The Contractor may use a patent number or manufacturer's model number as the identification number. 415 -6 Welded Deformed Steel Wire Fabric Reinforcement. 415 -6.1 General: The Contractor may substitute welded deformed steel wire fabric reinforcement for deformed bar reinforcement when approved on shop drawings. Propose substitutions of welded deformed steel wire fabric in a manner that provides a cross - sectional area per foot [meter] of welded deformed steel wire fabric equal to that provided on the plans for deformed bar reinforcement. Orient the deformed wires of welded deformed steel wire fabric reinforcement in the same position as bar reinforcement detailed in the plans. The Contractor may use smooth or deformed cross wires of welded deformed steel wire reinforcement. Use a cross wire size that is a minimum of 35% or more of the area of the deformed wire. Provide welded steel wire fabric reinforcement as shown in the plans. 415 -6.2 Design: When welded deformed steel wire fabric reinforcement is substituted for deformed bar reinforcement, ensure that the development length, splices, shear reinforcement, and distribution meet the requirements of the AASHTO Standard Specifications for Highway Bridges. 415 -7 Method of Measurement. 415 -7.1 General: The quantity to be paid for will be the computed weight, in pounds [kilograms], of reinforcing steel entering into the completed structure or item of work and accepted. The quantity will not include the reinforcing steel in any item of work for which the basis of payment includes the steel reinforcement. No separate payment will be made for reinforcing steel in pipe endwalls. No deduction will be made from reinforcing steel quantities for encroachment of inlets and pipes in box culverts. The lengths to be used in the calculation will be the detailed lengths of bars as shown in the plans. The quantity to be paid for will be the original plan quantity, determined as provided above. 415 -7.2 Unit Weights of Bars: The unit weights used will be CRSI Standard Reinforcing Steel Bar Weights. 415 -7.3 Fabric Reinforcement: Where fabric reinforcement is to be paid for by weight, the quantity to be paid for will be the product of the area, in square feet [square meters], of the fabric actually incorporated in the structure and accepted, by the manufacturer's standard weight per square foot [square meter]. When welded deformed steel wire fabric reinforcement is substituted for deformed bar reinforcement, the quantity to be paid for will be the quantity which would be paid for if bar reinforcement as detailed in the plans were utilized, based on plan quantity. 415 -8 Basis of Payment. Price and payment will be full compensation for all work specified in this Section, including all welding, all clips, spacers, ties, mechanical couplers, etc., and wire or other material used for fastening the reinforcement in place. In case short bars are permitted for use when full length bars might reasonably be required, the weight paid for will be only that which would be obtained if full length bars were used, with no allowance for lap. Payment will be made under: Item No. 415- 1- Reinforcing Steel - per pound. Item No. 2415- 1- Reinforcing Steel - per kilogram. J -SS -78 2 -26 -03 -- 23. PIPE CULVERTS AND STORM SEWERS. 16B7 SECTION 430 (Pages 434 -446). The text is deleted and the following substituted: SECTION 430 PIPE CULVERTS AND STORM SEWERS 430 -1 Description. Furnish and install drainage pipe and mitered end sections at the locations called for in the plans. Furnish and construct joints and connections to existing pipes, catch basins, inlets, manholes, walls, etc., as may be required to complete the work. Construct structural plate pipe culverts, underdrains or roof drains in accordance with Sections 435, 440, and 445, respectively. 430 -2 Materials. 430 -2.1 Pipe: Meet the following requirements: Concrete Pipe Section 941 _. Round Rubber Gaskets Section 942 Corrugated Steel Pipe and Pipe Arch Section 943 Corrugated Aluminum Pipe and Pipe Arch Section 945 Cast Iron Pipe Section 946 Corrugated Polyethylene Pipe Section 948 Polyvinyl Chloride (PVC) Pipe Section 948 Do not use bituminized -fiber pipe. 430 -2.2 Joint Materials: Use joint materials specified in 430 -7 through 430 -10 according to type of pipe and conditions of usage. 430 -2.3 Mortar: Use mortar composed of one part Portland cement and two parts of clean, sharp sand, to which mixture the Contractor may add hydrated lime in an amount not to exceed 15% of the cement content. Use mortar within 30 minutes after its preparation. 430 -3 Type of Pipe to Be Used. 430 -3.1 General: When the plans designate a type (or types) of pipe, use only the type (or choose from the types) designated. As an exception, when the plans designate reinforced concrete pipe as Class S, Class I, Class II, Class III and Class IV, the Contractor may use non - reinforced concrete pipe up to and including 36 inch [900 mm] in diameter or fiber reinforced concrete pipe up to and including 48 inch [1,200 mm] in diameter. Do not use fiber reinforced concrete pipe beneath the main travel lanes of interstate highways. _. 430 -3.2 Side Drain: If the plans do not designate a type (or types) of pipe, the Contractor may use either a minimum Class I concrete pipe, corrugated steel pipe, corrugated aluminum pipe, corrugated polyethylene pipe or PVC pipe. If one of the metal types is chosen, use the • minimum gage specified in Section 943 for steel pipe or Section 945 for aluminum pipe. Non - reinforced concrete pipe or fiber - reinforced concrete pipe may also be substituted for concrete pipe in side drains, subject to the provisions of 430 -3.1. 430 -4 Laying Pipe. 430 -4.1 General: Lay all pipe, true to the lines and grades given, with hubs upgrade and tongue end fully entered into the hub. When pipe with quadrant reinforcement or circular pipe with elliptical reinforcement is used, install the pipe in a position such that the manufacturer's J -SS -79 2 -26 -03 1687' marks designating "top" and "bottom" of the pipe are not more than five degrees from the vertical plane through the longitudinal axis of the pipe. Do not allow departure from and return to plan alignment and grade to exceed 1 /16 inch per foot [5 mm per meter] of nominal pipe length, with a total of not more than 1 inch [25 mm] departure from theoretical line and grade. Take up and relay any pipe that is not in true alignment or which shows any settlement after laying at no additional expense to the Department. Do not use concrete pipe with lift holes except round pipe which has a inside diameter in excess of 54 inches [1,350 mm] or any elliptical pipe. Repair lift holes, if present, by use of a hand - placed, stiff, non - shrink, 1 -to -1 mortar of cement and fine sand, after first washing out the hole with water. Completely fill the void created by the lift hole with mortar. Cover the repaired area with a 24 by 24 inch [600 by 600 mm] piece of filter fabric secured to the pipe. Use a Class D filter fabric meeting the requirements shown on Roadway and Traffic Standard Index 199. Secure the filter fabric to the pipe using a method that holds the fabric in place until the backfill is placed and compacted. Use a grout mixtures, mastics, or strapping devices to secure the fabric to the pipe. Furnish and install a filter fabric jacket around all pipe joints and the joint between the pipe and the structure in accordance with Roadway and Traffic Design Standards, Index Nos. 201 and 280. Use fabric meeting the physical requirements of Type 3 specified on the Roadway and Traffic Design Standards, Index 199. The fabric shall extend a minimum of 12 inches [300 mm] beyond each side of the joint or both edges of the coupling band, if a coupling band is used. The fabric shall have a minimum width of 24 inches [600 mm], and a length sufficient to provide a minimum overlap of 24 inches [600 mm]. Secure the filter fabric jacket against the outside of the pipe by metal or plastic strapping or by other methods approved by the Engineer. Meet the following minimum joint standards: Pipe Application Minimum Standard Cross Drains Soil -tight Storm Drains Soil -tight Gutter Drain Water -tight Side Drains Soil -tight Soil tight joints must be watertight to 2 psi [13.8 kPa]. Water -tight joints must be water -tight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans. 430 -4.2 Trench Excavation: Excavate the trench for pipe culverts and storm sewers as specified in Section 125. 430 -4.3 Foundation: Provide a suitable foundation, where the foundation material is of inadequate supporting value, as determined by the Engineer. Remove the unsuitable material and replace it with suitable material, as specified in 125 -8. Where in the Engineer's opinion, the removal and replacement of unsuitable material is not practicable, he may direct alternates in the design of the pipe line, as required to provide adequate support. Minor changes in the grade or alignment will not be considered as an adequate basis for extra compensation. Do not lay pipe on blocks or timbers, or on other unyielding material, except where the use of such devices is called for in the plans. 430 -4.4 Backfilling: Backfill around the pipe as specified in 125 -8 unless specific backfilling procedures are described in the Contract Documents. J -SS -80 2 -26 -03 1687 �- 430 -4.5 Plugging Pipe: When shown in the plans, seal the ends of the pipe culverts with a masonry plug a minimum of 8 inches [200 mm] in thickness, or by an approved prefabricated pipe plug listed on the Qualified Products List. Install the prefabricated pipe plug in accordance with the manufacturer's instructions. 430 -4.6 End Treatment: Place an end treatment at each cross drain, side drain, or storm sewer pipe end as shown in the plans. Refer to the Roadway and Traffic Design Standards for types of end treatment details. As an exception to the above, when concrete mitered end sections are permitted, the Contractor may use reinforced concrete U- endwalls, if shop drawings are submitted to the � Engineer for approval prior to use. Provide end treatments for corrugated polyethylene pipe and PVC pipe as specified in Section 948, or as detailed in the plans. 430 -4.7 Metal Pipe Protection: Apply a bituminous coating to the surface area of the pipe within and 12 inches [300 mm] beyond the concrete or mortar seal prior to sealing, to protect _ corrugated steel or aluminum pipe embedded in a concrete structure, such as an inlet, manhole, junction box, endwall, or concrete jacket. Ensure that the surface preparation, application methods (dry film thickness and conditions during application), and equipment used are in accordance with the coating manufacturers' published specifications. Obtain the Engineer's approval of the coating products used. -• 430 -4.8 Final Pipe Inspection: Upon completion of all paving operations, dewater installed pipe and provide the Engineer with a video taping schedule. Provide the Engineer with a video tape of pipe 48 inches [1,200 mm] or less in diameter, for examination. The Engineer may waive this requirement for side drains and cross drains which are short enough to inspect from each end of the pipe. The Engineer will inspect pipe for line and grade, joint gaps, joint misalignment, leaks, damage, and for debris. For metal and plastic pipe the Engineer will also inspect for deflection. The Engineer may require further testing of the pipe as a result of the inspection. If so directed by the Engineer, test pipe 36 inches [900 mm] and less in diameter using a mandrel. The mandrel shall be pulled by hand and be approved by the Engineer prior to use. For pipe larger than 36 inches [900 mm] in diameter, deflection shall be determined by a method approved by the Engineer. If use of a mandrel is selected as the means of further testing, the mandrels diameter, length, and _ other requirements shall conform to 430 - 4.8.2. Replace pipe failing to meet the specific deflection requirements for the type of pipe installed, at no cost to the Department. Should the deflection test prove that the pipe met specifications, the Department will bear the cost of the deflection testing. 430 -4.8.1 Video Taping: Provide a high quality VHS format videotape with 460 �. lines of resolution. Use a camera with lighting suitable to allow a clear picture of the entire periphery of the pipe. Center the camera in the pipe both vertically and horizontally and be able to pan and tilt to a 90 degree angle with the axis of the pipe and rotating 360 degrees. Use equipment to move the camera through the pipe that will not obstruct the camera's view or interfere with proper documentation of the pipe's condition. The videotape image shall be clear, focused, and relatively free from roll, static, or other image distortion qualities that would prevent the reviewer from evaluating the condition of the pipe. The tape speed shall be standard play. The video tape will include an identification before each section of pipe filmed. The identification will include the project number, the structure number corresponding to the structure number on the set of plans for the project, size of pipe, the date and time, and indicate which pipe is being filmed if multiple pipes J -SS -81 2 -26 -03 6 B 7 are connected to the structure. Notes should be taken during the video taping. Provide the Engineer with copies of these notes along with the video. Move the camera through the pipe at a speed not greater than 30 feet per minute [10 meters per minute]. Mark the video tape with the distance down the pipe. The distance shall have an accuracy of one foot per 100 feet [300 mm in 328 meters]. Stop the camera and pan when necessary to document defects. Film the entire circumference at each joint. 430 -4.8.2 Mandrels: Use mandrels which are rigid, nonadjustable, odd - numbered legged (minimum 9 legs) having a length not less than its nominal diameter. The diameter at any point shall not be less than the allowed percent deflection of the certified actual mean diameter of the pipe being tested. The mandrel shall be fabricated of metal, fitted with pulling rings at each end, stamped or engraved on some segment other than a runner with the nominal pipe size and mandrel outside diameter. 430 -5 Removing and Relaying Existing Pipe. 430 -5.1 Removal: If the plans indicate that existing pipe is to remain the property of the Department, collect and stack along the right -of -way all existing pipe or pipe arch so indicated in the plans to be removed, or that does not conform to the lines and grades of the proposed work and that is not to be relaid, as directed by the Engineer. Take care to prevent damage to salvageable pipe during removal and stacking operations. 430 -5.2 Relaying: Where so shown in the plans, collect and clean existing culvert pipe, then relay it in the same manner as specified for new culvert pipe. Where necessary, straighten existing metal pipe or pipe arch before it is relaid. 430 -6 Placing Pipe Under Railroad. 430 -6.1 General: Construct pipe culverts under railroad tracks in accordance with the requirements of the railroad company. Perform all the shoring under the tracks, and sheeting and bracing of the trench, required by the railroad company or deemed necessary by the Engineer in order to ensure safe and uninterrupted movement of the railroad equipment, at no expense to the Department. 430 -6.2 Requirements of the Railroad Company: Install pipe using methods required by the railroad company and shown in the Contract Documents. When the general method of installation required by the railroad company is indicated in the plans, do not alter such method, or any other specific details of the installation which might be indicated in the plans, without receiving approval or direction from the railroad, followed by written approval from the Engineer. 430 -6.3 Notification to Railroad Company: Notify the railroad company and the Engineer at least ten days prior to the date on which pipe is to be placed under the railroad tracks. 430 -6.4 Placing Pipe by Jacking: Obtain the Engineer's and the railroad company's approval of the details of the jacking method to be used, when placing pipe through the railroad embankment, before the work is started. 430 -6.5 Use of Tunnel Liner: When the railroad company requires that a tunnel liner be used for placing the pipe in lieu of the jacking method, the Department will pay for the tunnel liner material separately in cases where the Contract Documents do not require the use of a tunnel liner. For these cases the Department will reimburse the Contractor for the actual cost of the liner, delivered at the site. The Department will base such cost on a liner having the minimum gage acceptable to the railroad. 430 -7 Specific Requirements for Concrete Pipe. J -SS -82 2 -26 -03 1687'8 430 -7.1 Sealing Joints: Seal the pipe joints with round rubber or profile gaskets meeting the requirements of Section 941. Ensure that the gasket and the surface of the pipe joint, including the gasket recess, are clean and free from grit, dirt and other foreign matter, at the time the joints are made. In order to facilitate closure of the joint, application of a vegetable soap lubricant immediately prior to closing of the joint will be permitted. Prelubricated gaskets may be used in lieu of a vegetable soap lubricant when the lubricating material is certified to be inert with respect to the rubber material. 430 -7.2 Laying Requirements for Concrete Pipe with Rubber Gasket Joints: Do not allow the gap between sections of pipe to exceed 5/8 inch for pipe diameters of 12 inches through 18 inches [16 mm for pipe diameters of 300 through 450 mm], 7/8 inch for pipe diameters of 24 through 66 inches [25 mm for pipe diameters of 600 mm through 1.7 m], and 1 inch for pipe diameters 72 inches and larger [25 mm for pipe diameters 1.8 m and larger]. Where minor imperfections in the manufacture of the pipe create an apparent gap in excess of the tabulated gap, the Engineer will accept the joint provided that the imperfection does not exceed 1/3 the circumference of the pipe, and the rubber gasket is 1/4 inch [6 mm] or more past the pipe joint entrance taper. Where concrete pipes are outside of these tolerances, replace them at no expense to the Department. Do not apply mortar, joint compound, or other filler to the gap which would _. restrict the flexibility of the joint. 430 -7.3 Field Joints for Elliptical Concrete Pipe: Use either a preformed plastic gasket material or an approved rubber gasket to make a field joint. - 430 -7.3.1 Plastic Gasket: Meet the following requirements when field joints are made from preformed plastic gasket material: 430 - 7.3.1.1 General: Install field joints in accordance with the manufacturer's instructions and the following: 430 - 7.3.1.2 Material: Meet the requirements of 942 -2. 430 - 7.3.1.3 Joint Design: Ensure that the pipe manufacturer furnishes the Engineer with details regarding configuration of the joint and the amount of gasket material required to effect a satisfactory seal. Do not brush or wipe joint surfaces which are to be in contact with the gasket material with a cement slurry. Fill minor voids with cement slurry. ' 430 - 7.3.1.4 Primer: Apply a primer of the type recommended by the manufacturer of the gasket material to all joint surfaces which are to be in contact with the gasket material, prior to application of the gasket material. Thoroughly clean and dry the surface to be primed. 430 - 7.3.1.5 Application of Gasket: Apply gasket material to form a continuous gasket around the entire circumference of the leading edge of the tongue and the groove joint, in accordance with the detail shown on the Roadway and Traffic Design Standards, Index No. 280. Do not remove the paper wrapper on the exterior surface of the gasket material until immediately prior to joining of sections. Apply plastic gasket material only to surfaces which are dry. When the atmospheric temperature is below 60 °F [15 °C], either store plastic joint seal gaskets in an area above 70 °F [20 °C], or artificially warm the gaskets to 70 °F [20 °C] in a -- manner satisfactory to the Engineer. 430 - 7.3.1.6 Installation of Pipe: Remove and reposition or replace any displaced or contaminated gasket as directed by the Engineer. Install the pipe in a dry trench. —° Carefully shape the bottom of the trench to minimize the need for realignment of sections of pipe after they are placed in the trench. Hold to a minimum any realignment of a joint after the gaskets come into contact. Prior to joining the pipes, fill the entire joint with gasket material and ensure that when the pipes are joined there is evidence of squeeze -out of gasket material for the entire internal and external circumference of the joint. Trim excess material on the interior of the pipe J -SS -83 2 -26 -03 141 6074 to provide a smooth interior surface. If a joint is defective, remove the leading section of pipe an reseal the joint. 430 -7.3.2 Rubber Gasket: Meet the following requirements when field joints are made with profile rubber gaskets: 430 - 7.3.2.1 General: Install field joints in accordance with the manufacturer's instructions and the following: 430 - 7.3.2.2 Material: Meet the requirements of 942 -4. 430 - 7.3.2.3 Joint Design: Ensure that the pipe manufacturer furnishes the Engineer with details regarding configuration of the joint and gasket required to effect a satisfactory seal. Do not apply mortar, joint compound, or other filler which would restrict the flexibility of the gasket joint. 430 -7.4 Requirements for Concrete Radius Pipe: 430 -7.4.1 Design: Construct concrete radius pipe in segments not longer than 4 feet [1.2 m] (along the pipe centerline), except where another length is called for in the Contract Documents. Join each segment using round rubber gaskets. Ensure that the pipe manufacturer submits details of the proposed joint, segment length and shape for approval by the Engineer, prior to manufacture. 430 -7.4.2 Pre - Assembly: Ensure that the manufacturer pre- assembles the entire radius section in his yard, in the presence of the Engineer, to ensure a proper fit for all parts. At the option of the manufacturer, the Contractor may assemble the pipe without gaskets. Consecutively number the joints on both the interior and exterior surfaces of each joint, and make match marks showing proper position of joints. Install the pipe at the project site in the same order as pre - assembly. 430 -8 Specific Requirements for Corrugated Metal Pipe. 430 -8.1 Field Joints: 430 -8.1.1 General: Make a field joint with locking bands, as specified in Article 9 of AASHTO M 36 and AASHTO M 196M for aluminum pipe. For aluminum pipe, fabricate bands from the same alloy as the culvert sheeting. When existing pipe to be extended is helically fabricated, make a field joint between the existing pipe and the new pipe using one of the following methods: (1) Cut the new pipe to remove one of the re- rolled annular end sections required in Sections 943 or 945, or fabricate the pipe so that the re- rolled annular section is fabricated only on one end. Use either a spiral (helical) band with a gasket or a flat band with gaskets as required by 430 -8.1.2 (2) to join the pipe sections. (2) The Contractor may construct a concrete jacket as shown on the Roadway and Traffic Design Standards, Index No. 280, provided that the minimum cover required by the Roadway and Traffic Design Standards, Index No. 205 can be obtained. 430 -8.1.2 Side Drain, Cross Drain, Storm Sewer, and Gutter Drains: Where corrugated metal pipe is used as side drain, cross drain, storm sewer, or gutter drain, use a rubber or neoprene gasket of a design shown to provide a joint as specified in 430 -4. Use a gasket of one of the following dimensions: (1) For annular joints with 1/2 inch [13 mm] depth corrugation: either a single gasket a minimum of 7 inches by 3/8 inch [175 by 9.5 mm] or two gaskets a minimum of 3 1/2 inches by 3/8 inch [90 by 9.5 mm]; and for annular joints with 1 inch [25 mm] depth corrugations: either a single gasket a minimum of 7 inches by 7/8 inch [175 by 25 mm] or two gaskets a minimum of 3 1/2 inches by 7/8 inch [90 by 25 mm]. J -SS -84 2 -26 -03 r s (2) For helical joints with 1/2 inch [13 mm] depth corrugation: either a single gasket a minimum of 5 inches by 1 inch [125 by 25 mm] or two gaskets a minimum of 3 1/2 inches by 1 inch [90 by 25 mm]; and for helical joints with 1 inch [25 mm] depth corrugations: either a single gasket a minimum of 5 inches by 1 1/2 inches [125 by 40 mm] or two gaskets a minimum of 3 1/2 inches by 1 1/2 inches [90 by 40 mm]. (3) Such other gasket designs as may be approved by the Engineer. -' If, in lieu of a single gasket spanning the joint, two gaskets are used, place these individual gaskets approximately 2 inches [50 mm] from each pipe end at the joint. When two gaskets are used, seal the overlapping area on the coupling band between the gaskets consistent with the joint performance specified. The Contractor ,may tuck a strip of preformed gasket material over the bottom lip of the band for this purpose. Use coupling bands that provide a minimum circumferential overlap of 3 inches [75 mm]. As the end connections on the coupling band are tightened, ensure that there is no local bending of the band or the connection. Use precurved coupling bands on pipe diameters of 24 inches [600 mm] or less. Use flat gaskets meeting the requirements of ASTM D 1056, designation 2C2 or 2B3. In placing flat gaskets on pipe prior to placing the coupling band, do not stretch the gasket more than 15% of its original circumference. Use circular gaskets meeting the —• requirements of ASTM C 361 [ASTM C 361M]. Do not stretch the circular gasket more than 20% of its original circumference in placing the gasket on pipe. Use preformed plastic gasket material meeting the composition requirements of 942 -2.2. - Apply an approved vegetable soap lubricant, as specified for concrete pipe in 430 - 7.1.1. 430 -8.1.3 Alternate Joint: In lieu of the above - specified combination of locking bands and flat gaskets, the Contractor may make field joints for these pipe installations by the following combinations: (a) Use the metal bands as specified in Article 9 of AASHTO M 36M that are at least 10 1/2 inches [265 mm] wide and consist of a flat central section with a corrugated section near each end, designed to match the annular corrugation in the pipe with which they are to be used. Connect the bands in a manner approved by the Engineer, with a suitable fastening device such as the use of two galvanized 1/2 inch [M12] diameter bolts through a galvanized bar and galvanized strap, suitably welded to the band. Use a strap that is the same gage as the band. Where helically corrugated pipe is to be jointed by this alternate combination, ensure that at least the last two corrugations of each pipe section are annular, and designed such that the band will engage each pipe end with the next -to- outside annular _. corrugation. (b) For these bands, use a rubber gasket with a circular cross - section of the "O -ring" type conforming to ASTM C 361 [ASTM C 361M]. Use gaskets having the following - . cross - sectional diameter for the given size of pipe: Non -SI Units -- Pipe Size Gasket Diameter 12 inches through 36 inches (with 1/2 inch depth corrugations) 13/16 inch 42 inches through 96 inches (with 1/2 inch depth corrugations) 7/8 inch - 36 inches through 120 inches (with 1 inch depth corrugations) 13/8 inches SI Units - Pipe Size Gasket Diameter 300 through 900 mm (with 13 mm depth corrugations) 20 mm J -SS -85 2 -26 -03 1b37 1,000 through 2,400 mm (with 13 mm depth corrugations) 22 mm 900 through 3,000 mm (with 25 mm depth corrugations) 35 mm band between gaskets. Use preformed gasket material to seal the overlapping area on the coupling (c) Use channel band couplers in helical pipe with ends which have been reformed and flanged specifically to receive these bands. Use channel band couplers that are of a two piece design, are fabricated from galvanized steel stock conforming to AASHTO M 36, have 2 by 2 by 3/16 inch [51 by 51 by 4.8 mm] angles fastened to the band ends to allow for proper tightening, and meet the following: Non SI Units Band Thickness Pipe Wall Thickness 0.079 inch 0.109 inch or lighter 0.109 inch 0.138 inch or heavier 3/4 inch wide 0.109 inch or lighter 1 inch wide 0.138 inch or heavier SI Units Band Thickness Pipe Wall Thickness 2.01 mm 2.77 mm or lighter 2.77 mm 19 mm 25 mm 3.51 mm or heavier 2.77 mm or lighter 3.51 mm or heavier Furnish two 1/2 inch [M12] diameter connection bolts with each band, that conform to ASTM A 307, Grade A and are electroplated in accordance with ASTM B 633. Use a gasket with the joint that is a hydrocarbon blend of butyl rubber meeting the chemical composition and physical properties of 942 -2.2. Use a 3/8 by 3/4 inch [9.5 by 19 mm] gasket for pipe fabricated from 0.109 inch [2.77 mm] or lighter material and a 3/8 by 1 inch [9.5 by 25 mm] gasket for pipe fabricated from 0.138 inch [3.51 mm] and heavier material. The Contractor may use a flange band coupler without the gasket for all applications other than side drain, cross drain, storm sewer and gutter drain. Do not use the flange band coupler to join dissimilar types of pipe. The Contractor may join reformed flanged helical pipe to existing annular or reformed pipe having annular ends. On non - gasketed installations, use either an annular band or an alternate joint described in 430 - 8.1.3. On gasketed installations, use an annular band, minimum of five corrugations in width, in conjunction with two O -ring gaskets as specified in 430 - 8.1.3. Use mastic material to seal the area of band overlap. The minimum joint performance standards specified in 430 -4.1 apply. 430 -8.2 Laying and Shape Requirements for Corrugated Metal Pipe: Install pipe using either a trench or open ditch procedure. Check pipe shape regularly during backfilling to verify acceptability of the construction method used. Pipe deflected 5% or more of the certified actual mean diameter of the pipe at final inspection shall be replaced at no cost to the Department. Deflection measurements are taken at the point of smallest diameter on the corrugations. J -SS -86 2 -26 -03 - Upon completion of the project, and just prior to acceptance by the Department, clean the inside of all corrugated metal pipe and inspect it for breaks, corrosion or other damage to the coating or to the pipe itself, and make necessary repairs. 1 y 430 -9 Joints for Cast Iron Pipe. 874'1 Meet the requirements of 430 -7.1.2 for mortaring and wetting inside the joints, as specified for concrete side drain pipe without rubber gaskets. 430 -10 Specific Requirements for Corrugated Polyethylene Pipe and Polyvinyl Chloride (PVC) Pipe. 430 -10.1 Field Joints: Use gasketed joints to seal side drain, cross drain and storm drain. Use gaskets meeting the requirements of 941 -1.5. Ensure that the pipe manufacturer provides a joint design approved by the Engineer prior to use. 430 -10.2 Installation Requirements Including Trenching, Foundation and Backfilling Operations: Check structure shape regularly during backfilling to verify acceptability of the construction method used. Pipe deflected 5 % or more of the certified actual mean diameter of the pipe at - final inspection shall be replaced at no cost to the Department. 430 -11 Method of Measurement. 430 -11.1 New Pipe: The quantities of storm drain pipe, storm drain trench, and cross drain pipe to be paid for will be plan quantity, in place and accepted. The plan quantity will be measured from the inside wall of the structure as shown on the plans, along the centerline of the pipe. The quantities of side drain pipe and gutter drain pipe to be paid for will be the net length of pipe measured in place, completed and accepted. 430 -11.2 Relaid Pipe: The quantity to be paid for (including relaid pipe arch) will be the net length of pipe, measured in place after relaying, completed and accepted. 430 -11.3 Mitered End Section: The quantity to be paid for will be the number completed and accepted. 430 -12 Basis of Payment. 430 -12.1 General: Prices and payments will be full compensation for all work specified in this Section, including all excavation except the volume included in the items for the grading work on the project, and except for other items specified for separate payment in Section 125; all backfilling material and compaction; disposal of surplus material; and all clearing and grubbing outside of the required limits of clearing and grubbing as shown in the plans. 430 -12.2 New Pipe: The quantities of storm drain pipe, storm drain trench, and cross drain pipe to be paid for will be plan quantity, in place and accepted. The plan quantity will be determined from the inside wall of the structure as shown on the plans, along the centerline of the pipe. The quantities of side drain pipe and gutter drain pipe to be paid for will be plan quantity in place, completed and accepted. - 430 -12.3 Relaid Pipe: Price and payment will be full compensation for all work, including hauling the pipe to the new location as necessary, any cleaning necessary and, for metal pipe, any straightening, etc., which might be required. 430 -12.4 Removing Existing Pipe: When existing pipe is removed and replaced with new pipe approximately at the same location, and clearing and grubbing is not designated to be paid J -SS -87 2 -26 -03 16 B 7 7'. for in the particular area, the cost of excavating and removing the old pipe and of its disposal wi be included in the Contract unit price for the new pipe in place. 430 -12.5 Replacing Pavement: The cost of restoring pavement, curb, sidewalk, etc., removed only for the purpose of constructing pipe culvert, as specified in 125 -9, will be included in the Contract unit price for the pipe culvert, unless designated specifically to be paid for under other items. 430 -12.6 Plugging Pipes: The cost of plugging pipes, where so shown in the plans, will be included in the Contract unit price for the pipe culvert. 430 -12.7 Flared End Sections: Price and payment will be full compensation for all work and materials required. 430 -12.8 Mitered End Sections: Price and payment will be full compensation for all pipe, grates when required, fasteners, reinforcing, connectors, anchors, concrete, sealants, jackets and coupling bands, and all work required. 430 -12.9 Railroad Requirements: Where pipe culvert is constructed under railroad tracks, the Contract unit price for the pipe culvert will include the costs of any jacking operations and the operation of placing the pipe by use of a tunnel liner, (except as specified for unanticipated tunnel liner, in 430 -6.5, where reimbursement is to be made for such unanticipated liner), and all other work necessary to meet the requirements of the railroad company, excluding the costs of watchman or flagman services provided by the railroad company, except as provided below. The Department will reimburse the Contractor for the actual costs of any trestle bridge work which is performed by the railroad's forces, as billed to him by the railroad, less the value of any salvage materials derived there from, whether such salvage materials are retained by the railroad company or by the Contractor. When the work of shoring and bracing is to be performed by the railroad, such fact will be stipulated in the Contract Documents and the Contractor will be required to pay to the railroad the amount of such costs, which amount will be reimbursed to him by the Department. The Contract unit price for the pipe culvert shall include the costs of all other work of shoring and bracing. 430 -12.10 Payment Items: Payment will be made under: Item No. 430- 1- Concrete Pipe Culvert - per foot. Item No. 2430- 1- Concrete Pipe Culvert - per meter. Item No. 430- 2- Corrugated Steel Pipe Culvert - per foot. Item No. 2430- 2- Corrugated Steel Pipe Culvert - per meter. Item No. 430- 3- Bituminous Coated Corrugated Steel Pipe Culvert - per foot. Item No. 2430- 3- Bituminous Coated Corrugated Steel Pipe Culvert - per meter. Item No. 430- 4- Bituminous Coated and Paved Corrugated Steel Pipe Culvert - per foot. Item No. 2430- 4- Bituminous Coated and Paved Corrugated Steel Pipe Culvert - per meter. Item No. 430- 5- Corrugated Steel Pipe Arch Culvert - per foot. Item No. 2430- 5- Corrugated Steel Pipe Arch Culvert - per meter. Item No. 430- 6- Bituminous Coated Steel Pipe Arch Culvert - per foot. Item No. 2430- 6- Bituminous Coated Steel Pipe Arch Culvert - per meter. Item No. 430- 7- Bituminous Coated and Paved Steel Pipe Arch Culvert - per foot. Item No. 2430- 7- Bituminous Coated and Paved Steel Pipe Arch Culvert - per meter. Item No. 430- 8- Corrugated Aluminum Pipe Culvert - per foot. Item No. 2430- 8- Corrugated Aluminum Pipe Culvert - per meter. Item No. 430- 9- Bituminous Coated Corrugated Aluminum Pipe Culvert - per foot. Item No. 2430- 9- Bituminous Coated Corrugated Aluminum Pipe Culvert - per meter. Item No. 430 -10- Bituminous Coated and Paved Corrugated Aluminum Pipe Culvert - per foot. J -SS -88 2 -26 -03 Item No. 2430-10 - meter. Item No. 430-11 - Item No. 2430-11 - Item No. 430-12 - Item No. 2430-12 - Item No. 430-14 - Item No. 2430-14 - Item No. 430-17 - Item No. 2430-17 - Item No. 430-96 - Item No. 2430-96 - Item No. 430-98 - Item No. 2430-98 - Item No. 430-99 - Item No. 2430-99 - Item No. 430-150 - Item No. 2430-150 - Item No. 430-190 - Item No. 2430-190 - Item No. 430-200 - Item No. 2430-200 - Item No. 430-610 - Item No. 2430 -610- Bituminous Coated and Paved Corrugated Aluminum Pipe Culvert - per Corrugated Aluminum Pipe Arch Culvert - per foot. Corrugated Aluminum Pipe Arch Culvert - per meter. Aluminized Corrugated Steel Pipe Culvert - per foot. Aluminized Corrugated Steel Pipe Culvert - per meter. Elliptical Concrete Pipe Culvert - per foot. Elliptical Concrete Pipe Culvert - per meter. Pipe Culvert Optional Material - per foot. Pipe Culvert Optional Material - per meter. Polyvinyl Chloride Pipe Culvert - per foot. Polyvinyl Chloride Pipe Culvert - per meter. Mitered End Section - each. Mitered End Section - each. Polyethylene Pipe Culvert - per foot. Polyethylene Pipe Culvert - per meter. Cast Iron Pipe Culvert - per foot. Cast Iron Pipe Culvert - per meter. Relay Existing Pipe - per foot. Relay Existing Pipe - per meter. Flared End Sections - each. Flared End Sections - each. U- Endwall With Grate - each. U- Endwall With Grate - each. 24. STRUCTURES FOUNDATIONS SECTION 455 (Pages 525 -598) is deleted and the following substituted: SECTION 455 STRUCTURES FOUNDATIONS Index A. General 455 -1 through 455 -2 B. Piling 455 -3 through 455 -12 _. C. Drilled Shafts 455 -13 through 455 -24 D. Spread Footings 455 -25 through 455 -37 E. Structures (Other Than Bridge) - Foundations - Auger Cast Piles 455 -38 through 455 -50 A.GENERAL 455 -1 General Requirement. The Contractor may examine available soil samples and/or rock cores obtained during the soil boring operations at the appropriate District Materials Office. - 455 -1.1 Protection of Existing Structures: When the plans require foundation construction operations in close proximity to existing structures, take all reasonable precautions to prevent J -SS -89 2 -26 -03 1 damage to such structures. The requirements described herein apply to all l t YP e of Gu Zures or off the right -of -way) that may be adversely affected by foundation construction operations (including phase construction) due to vibrations, ground loss, ground heave, or dewatering. Protect utilities as described in -the applicable provisions of Section 7. Monitor structures for settlement in a manner approved by the Engineer, recording elevations to 0.001 foot [0.5 mml. Monitor the following structures: (1) shown in the plans. (2) within a distance, in feet, of pile driving operations equal to 0.5 times the square root of the hammer energy, in foot - pounds [in meters, of pile driving operations equal to 4.14 times the square root of the hammer energy, in kilojoules]. Take required measurements before the initiation of driving and then daily on days when driving occurs or as indicated in the plans and weekly for two weeks after driving has stopped. (3) within a distance of ten shaft diameters or the estimated depth of excavation, whichever is greater. (4) within a distance of three times the depth of excavation for the footing. Obtain the Engineer's approval of the number and location of monitoring points. Take elevation; (1) before beginning construction, (2) daily during the driving of any casings, piling, or sheeting, (3) weekly for two weeks after stopping driving, (4) during excavation, (5) during blasting, (6) or as directed by the Engineer. Notify the Engineer of any movements detected and immediately take any remedial measures required to prevent damage to the existing structures. Employ a qualified Specialty Engineer to survey all structures, or portions thereof, within: (1) a distance, in feet, of pile driving operations equal to 0.25 times the square root of the hammer energy, in foot - pounds [in meters, of pile driving operations equal to 2.07 times the square root of the hammer energy, in kilojoules] (2) a distance of ten shaft diameters or the estimated depth of excavation, whichever is greater (3) three times the excavation depth for footings and caps (4) or as shown in the plans The Department will make the necessary arrangements to provide right -of -way entry for the Contractor's engineer to survey. Adequately document the condition of the structures and all existing cracks with descriptions and pictures. Prepare two reports documenting the condition of the structures: one report before beginning foundation construction operations and a second report after completing foundation construction operations. The Department will take ownership of both reports. Do not perform pre - driving and post- driving surveys of the condition of bridges owned by the Department except when shown in the Contract Documents. When shown in the Contract Documents, employ a qualified Specialty Engineer to monitor and record vibration levels during the driving of casings, piling, sheeting, or blasting operations. Provide vibration monitoring equipment capable of detecting velocities of 0.1 in/s [2.5 mm/s] or less. Upon detecting settlement or heave of 0.005 foot [ 1.5 mm], vibration levels reaching 0.5 in /s [13 mm/s], levels otherwise shown in the Contract Documents, or damage to J -SS -90 2 -26 -03 1687 ") the structure, immediately stop the source of vibrations, backfill any open drilled shaft excavations, and contact the Engineer for instructions. When the plans require excavations for construction of footings or caps, the Contractor is responsible for evaluating the need for, design of, and providing any necessary features to protect adjacent structures. When sheeting and shoring are not detailed in the plans, employ a Specialty Engineer to design the sheeting and shoring, and to sign and seal the plans and specification requirements. Send these designs to the Engineer for his record before beginning construction. Also, when shown in the Contract Documents or when authorized by the - Engineer, install the piling to the depth required to minimize the effects of vibrations or ground heave on adjacent structures by approved methods other than driving (preformed holes, predrilling, jetting, etc.). In the event the Department authorizes the use of preformed pile holes to meet this requirement, the Department will pay for this work as described in 455 -5.9.3 Also if not otherwise provided in the plans, the Contractor is responsible for evaluating the need for, design of, and providing all reasonable precautionary features to prevent damage, including, but not limited to, selecting construction methods and procedures that will prevent damaging caving of the shaft excavation and monitoring and controlling the vibrations - from construction activities, including driving of casings, driving of sheeting, and blasting. When shown in the plans or directed by the Engineer, install a piezometer near the right -of -way line and near any structure that may be affected by lowering the ground water when - dewatering is required. Monitor the piezometer and record the ground water elevation level daily. Notify the Engineer of any ground water lowering near the structure of 12 inches [300 mm] or more. 455 -1.2 Excavation: Complete all excavation of the foundations prior to installing piles or shafts unless otherwise authorized by the Engineer. After completing pile /shaft installation, remove all loose and displaced materials from around the piles /shafts, leaving a clean, solid surface. Compact the soil surface on which concrete is to be placed or which will support the forming system for the concrete to a density not less than 90% of the maximum density as determined by AASHTO T 180, and which will support the load of the plastic concrete without settling or causing the concrete to crack, or as shown in the Contract Documents. The Engineer will not require the Contractor to compact for excavations made below water for seals or when - the footing or cap or forming system (including supports) does not rest on the ground surface. 455 -1.2.1 Abutment (End Bent) Fill: Place and compact the fill before installing end -bent piling/shafts, except when: (1) driving specified test piling in end bents or, (2) the plans show uncased piles through proprietary retaining wall fills. When installing piles /shafts or casing prior to placing fill, take necessary precautions to prevent displacement of piles /shafts during placing and compacting fill materials within 15 feet [4.5 m] of the piles /shafts or casing. Reference and check the position of the piles /shafts or casing at three approximately equal intervals during construction of the embankment. Place embankment material in 6 inch [150 mm] loose lifts in the 15 foot [4.5 m] area around the piles /shafts or casing. Compact embankment material within the 15 foot [4.5 m] area adjacent to the piles /shafts or casing to the required density with compaction equipment weighing less than 1,000 pounds [450 kg]. When installing piles /shafts prior to the completion of the surrounding fills, do not cap them until placing the fills as near to final grade as possible, leaving only the necessary working room for construction of the caps. J -SS -91 2 -26 -03 Provide permanent casings installed prior to placement 1 of 6e 91,or all drilled shafts through mechanically stabilized fills (for example, behind proprietary retaining walls) for shafts installed after fill placement. Install temporary casings through the completed conventional fill when permanent casings are not required. Provide permanent casings, if required, before the fill is placed extending a sufficient distance into the existing ground to provide stability to the casings during construction of the abutment fill. 455 -1.3 Cofferdams: Construct cofferdams as detailed in the plans. When cofferdams are not detailed in the plans, employ a Specialty Engineer to design cofferdams, and to sign and seal the plans and specification requirements. Send the designs to the Engineer for his records before beginning construction. Provide a qualified diver and a safety diver to inspect the conditions of the foundation enclosure or cofferdam when the Contract Documents require a seal for construction. Equip these divers with suitable voice communications, and have them inspect the foundation enclosure and cofferdam periphery including each sheeting indentation and around each piling or drilled shaft to ensure that no layers of mud or other undesirable materials were left above the bottom of seal elevation during the excavation process. Also have the divers check to make sure the surfaces of the piles or drilled shafts are sufficiently clean to allow bond of the concrete down to the minimum bottom of seal elevation. When required, ensure that there are no mounds of stone, shell, or other authorized backfill material left after placement and grading. Assist the Engineer as required to ensure that the seal is placed as specified and evaluate the adequacy of the foundation soils or rock. Correct any deficiencies found by the divers. Upon completion of inspection by the divers, the Department may also elect to inspect the work before authorizing the Contractor to proceed with subsequent construction operations. Furnish the Engineer a written report by the divers indicating the results of their underwater inspection before requesting authorization to place the seal concrete. 455 -2 Static Compression Load Tests. 455 -2.1 General: Employ a professional testing laboratory, or Specialty Engineer with prior load test experience, to conduct the load test in compliance with these Specifications, to record all data, and to furnish reports of the test results to the Engineer except when the Contract Documents show that the Department will supply a Geotechnical Engineer to provide these services. Perform the load test by applying a load up to the load required in the Contract Documents or to the failure load, whichever occurs first. Do not apply test loads to piles sooner than 48 hours (or the time interval shown in the plans) after driving of the test pile or reaction piles, whichever occurs last. Allow up to four weeks after the last load test for the analysis of the load test data and to provide all the estimated production tip elevations. If the Contractor is willing to construct production foundation elements in areas designated by the Engineer, tip elevations will be determined in these areas beginning seven days after the receipt of the load test data which represents the designated area. Do not begin static load testing of drilled shafts until the concrete has attained a compressive strength of 3,400 psi [23.5 MPa]. The Contractor may use high early strength concrete to obtain this strength at an earlier time to prevent testing delays. Load test piles /shafts in the order directed by the Engineer. The Department will furnish certain load test equipment and/or personnel when shown in the plans. Inspect all equipment to be furnished by the Department at least 30 days prior to use, and notify the J -SS -92 2 -26 -03 168 - Engineer of any equipment that is not in satisfactory operating condition. The Departure t will consider any necessary repairs ordered by the Engineer to place the equipment in satisfactory operating condition as Unforeseeable Work. Provide the remainder of the equipment and personnel needed to conduct the load tests. Unless shown otherwise in the Contract Documents, provide all equipment, materials, labor, and technical personnel required to conduct the load tests, including determination of anchor reaction member depths. In this case, provide a loading apparatus designed to accommodate the maximum load plus an adequate safety factor. While performing the load test, provide safety equipment, and employ safety procedures consistent with the latest approved practices for this work. Include with these safety procedures adequate support for the load test plates and jack to prevent them from falling in the event of a release of load due to hydraulic failure, test pile /shaft failure, or any other cause. Include in the bid the cost of transporting load test equipment and instrumentation supplied by the Department from their storage location to the job site and back. Handle these items with care. The Contractor is responsible for the safe return of these items. After completion of the static load tests, return all Department furnished equipment in satisfactory operating condition. Repair all damage to the test equipment furnished by the Department to the satisfaction of the Engineer. Clean all areas of rust on structural steel items, and repaint those areas in accordance with Section 561. Return all load test equipment supplied by the Department within 30 days after completing the load tests. The Contractor is responsible for the equipment from the time it leaves its storage KK area until the time it is returned. During this time, insure the equipment against loss or damage for the replacement cost thereof (the greater of $150,000 or the amount shown in the plans) or for the full insurable value if replacement cost insurance is not available. Notify the Engineer at the preconstruction conference or no later than 30 days before beginning test pile installation of the proposed testing schedule so that items supplied by the Department may be reserved. Notify the Department at least ten working days before pick -up or return of the equipment. During pick -up, the Department will complete a checklist of all equipment placed in the Contractor's possession. The Department will later use this checklist to verify that the Contractor has returned all equipment. Provide personnel and equipment to load or _. unload the equipment at the Department's storage location. Provide lifting tongs or nylon slings to handle Department owned test girders. Do not perform cutting, welding, or drilling on Department owned girders, jacks, load cells, or other equipment. 455 -2.2 Loading Apparatus: Provide an apparatus for applying the vertical loads as described in one of the following: (1) As shown and described in the Contract Documents. (2) As supplied by the Contractor, one of the following devices designed to accommodate a load at least 20% higher than that shown in the Contract Documents or described herein for test loads: (a) Load Applied by Hydraulic Jack Acting Against Weighted Box or Platform: Construct a test box or test platform, resting on a suitable support, over the pile, and load it with earth, sand, concrete, pig iron, or other suitable material with a total weight greater than the anticipated maximum test load. Locate supports for the weighted box or platform at least 6 feet [2 m] or three pile /shaft diameters, whichever is greater, measured from the edge of the - pile or shaft to the edge of the supports. Insert a hydraulic jack with pressure gauge between the test pile or shaft and the underside of the reaction beam, and apply the load to the pile or shaft by operating the jack between the reaction beam and the top of the pile or shaft. (b) Load Applied to the Test Pile or Shaft by Hydraulic Jack Acting Against Anchored Reaction Member: Construct reaction member anchorages as far from the test J -SS -93 2 -26 -03 1687 piles /shafts as practical, but in no case closer than the greater of 3 pile /shaft diameters or 6 feet [2 m] from the edge of the test pile /shaft. Attach a girder(s) of sufficient strength to act as a reaction beam to the upper ends of the anchor piles or shafts. Insert a hydraulic jack with pressure gauges between the head of the test pile /shaft and the underside of the reaction beam, and apply the test load to the pile /shaft by operating the jack between the reaction beam and the pile /shaft head. If using drilled shafts with bells as reaction member anchorages, locate the top of the bell of any reaction shaft anchorage at least three shaft diameters below the bottom of the test shaft. (c) Combination Devices: The Contractor may use a combination of devices (a) and (b), as described above, to apply the test load to the pile or shaft. (d) Other Systems Proposed by the Contractor and Approved by the Engineer: When necessary, provide horizontal supports for loading the pile /shaft, and space them so that the ratio of the unsupported length to the minimum radius of gyration of the pile does not exceed 120 for steel piles, and the unsupported length to the least cross - section dimension does not exceed 20 for concrete piles or drilled shafts. Ensure that horizontal supports provide full support without restraining the vertical movement of the pile in any way. When required by the Contract Documents, apply a horizontal load to the shaft either separately or in conjunction with the vertical load. Apply the load to the test shaft by hydraulic jacks, jacking against Contractor provided reaction devices. After receiving the Engineer's approval of the proposed method of load application, apply the horizontal load in increments, and relieve it in decrements as required by the Contract Documents. 455 -2.2.1 Modified Quick Test: (a) Loading Procedure: Apply vertical loads concentric with the longitudinal axis of the tested pile /shaft to accurately determine and control the load acting on the pile /shaft at any time. Place the load on the pile /shaft continuously, in increments equal to approximately 5% of the maximum test load specified until approaching the failure load, as indicated by the measuring apparatus and/or instruments. Then, apply increments of approximately 2.5% until the pile /shaft "plunges" or attains the limiting load. The Engineer may elect to stop the loading increments when he determines the Contractor has met the failure criteria or when a settlement equal to 10% of the pile /shaft width or diameter is reached. Apply each load increment immediately after taking and verifying the complete set of readings from all gauges and instruments. Apply each increment of load within the minimum length of time practical, and immediately take the readings. Complete the addition of a load increment and the completion of the readings within five to 15 minutes. The Engineer may elect to hold the maximum applied load up to one hour. Remove the load in decrements of about 10% of the maximum test load. Remove each decrement of load within the minimum length of time practical, and immediately take the readings. Complete the removal of a load decrement and the taking of the readings within five to 15 minutes. The Engineer may also require up to two reloading cycles with five loading increments and three unloading decrements. Record the final recovery of the pile /shaft until movement is essentially complete for a period up to one hour after the last unload interval. (b) Failure Criteria and Safe -Load: Use the criteria described herein to establish the failure load. The failure load is defined as the load that causes a pile /shaft top deflection equal to the calculated elastic compression plus 0.15 inch [4 mm] plus 1/120 of the pile /shaft minimum width or the diameter in inches [millimeters] for piles /shafts 24 inches [610 mm] or less in width, and equal to the calculated elastic compression plus 1/30 of the pile /shaft minimum width or diameter for piles /shafts greater than 24 inches [610 mm] in width. Consider J -SS -94 2 -26 -03 the safe allowable load of any pile /shaft so tested as either 50% of the maximum applied load or 50% of the failure load, whichever is smaller. 455 -2.3 Measuring Apparatus: Provide an apparatus for measuring movement of the test piles /shafts that consists of all of the following devices: (1) Wire Line and Scale: Stretch a wire as directed by the Engineer between two supports located at a distance at least: (a) 10 feet [3 m] from the center of the test pile but not less than 3.5 times the pile diameter or width. (b) 12 feet [3.7 m] from the centerline of the shaft to be tested but not less than three shaft diameters. Locate the wire supports as far as practical from reaction beam anchorages. At over -water test sites, the Contractor may attach the wire line as directed by the Engineer to the sides of the service platform. Mount the wire with a pulley on one support and a weight at the end of the wire to provide constant tension on the wire. Ensure that the wire passes across the _. face of a scale mounted on a mirror attached to the test pile /shaft so that readings can be made directly from the scale. Use the scale readings as a check on an average of the dial readings. When measuring both horizontal and vertical movement, mount separate wires to indicate each movement, horizontal or vertical. Measure horizontal movements from two reference wires set normal to each other in a horizontal. (2) Wooden Reference Beams And Dial Gauges: Attach wooden reference beams as detailed in the plans or approved by the Engineer to independent supports. For piles, install the greater of 3.5 times the pile diameter or width or 10 feet [3 m] from the centerline of the test pile. For drilled shafts install the greater of three shaft diameters or 12 feet [3.7 m] from the centerline of the shaft to be tested. Locate the reference beam supports as far as practical from reaction beam anchorages. For over -water test sites, the Contractor may attach the reference beams as directed by the Engineer between two diagonal platform supports. Attach dial gauges, with their - stems resting either on the top of the pile /shaft or on lugs or similar reference points on the pile /shaft, to the fixed beams to record the movement of the pile /shaft head. Ensure that the area on the pile /shaft or lug on which the stem bears is a smooth surface which will not cause irregularities in the dial readings. For piles, the minimum acceptable method for measuring vertical movement is two dial gauges, each with 0.001 inch [0.025 mm] divisions and with 2 inch [50 mm] minimum travel, placed at 180 degrees or at the diagonal corners of the pile. For shafts, ensure that three dial gauges, each with 0.001 inch [0.025 mm] _. divisions and with 2 inch [50 mm] minimum travel, placed at 120- degree intervals around the shaft, are the minimum acceptable method for measuring vertical movement. Ensure that four dial gauges, each with 0.001 inch [0.025 mm] divisions and with 2 inch [50 mm] minimum travel, placed at 90 degree intervals are the minimum required for measuring horizontal movement. (3) Survey Level: As a check on the dial gauges, determine the elevation of a point near the top of the test pile /shaft (on plan datum) by survey level at each load and unload interval during the load test. Unless approved otherwise by the Engineer, level survey precision is 0.001 foot [0.3 mm]. Alternately, the surveyor may read an engineer's 50 scale attached near the -' pile /shaft head. Determine the first elevation before applying the first load increment; make intermediate readings immediately before a load increment or an unload decrement, and after the final unload decrement that completely removes the load. Make a final reading at the time of the last recovery reading or as directed by the Engineer. J -S S -95 2 -26 -a3 1667' , For over -water test sites, when shown in the plans or directed by the Engineer, the Contractor shall drive an H pile through a 36 inch [914 mm] casing to provide a stable support for the level and to protect it against wave action interfering with level measurements. Provide a suitable movable jig for the surveyor to stand. Use a jig that has a minimum of three legs, has a work platform providing at least 4 feet [1.2 m] width of work area around the casing, and is approved by the Engineer before use. The described work platform may be supported by the protective casing when approved by the Engineer. 455 -2.4 Load Test Instrumentation: (1) General: The intent of the load test instrumentation is to measure the test load on top of the pile /shaft and, when provided in the Contract Documents, its distribution between side friction and end bearing to provide evaluation of the preliminary design calculations and settlement estimates and to provide information for final pile /shaft length design. Ensure that the instrumentation is as described in the Contract Documents. When requested by the Engineer, provide assistance during installation of any instrumentation supplied by the Department. Supply 110 V, 60 Hz, 30 A of AC electric power in accordance with the National Electric Code to each test pile /shaft site during the installation of the instrumentation, during the load testing, and during any instrumented redrives ordered by the Engineer. Place all of the internal instrumentation on the rebar cage before installation in the test shaft. Construct the rebar cage at least two days before it is required for construction of the test shaft. Provide assistance during installation of instrumentation supplied by the Department, including help to string, place, and tie the instrumentation and any assistance needed in moving or repositioning the cage to facilitate installation. Place the rebar cage in one segment complete with its instrumentation. The Engineer may require multiple lift points and/or a suitable "stiffleg" (length of H pile or other suitable section) to get the cage in a vertical position without causing damage to the instrumentation. Successfully demonstrate the lifting and handling procedures before the installing instrumentation. (2) Hydraulic Jack and Load Cell: Provide hydraulic jack(s) of adequate size to deliver the required test load to the pile /shaft unless shown otherwise in the plans. Before load testing begins, furnish a certificate from a reputable testing laboratory showing a calibration of gauge readings for all stages of jack loading and unloading for jacks provided. Ensure that the jack has been calibrated within the preceding six months unless approved otherwise. Recalibrate the jack after completing load testing if so directed by the Engineer. Ensure that the accuracy of the gauge is within 5% of the true load. Provide an adequate load cell approved by the Engineer that has been calibrated within the preceding six months. Provide an approved electrical readout device for the load cell. Before beginning load testing, furnish a certificate from a reputable testing laboratory showing a calibration of readings for all stages of loading and unloading for load cells furnished by the Contractor. Ensure that the accuracy of the load cell is within 1% of the true load. If the Department supplies the Contractor with the jack and/or load cell, have the equipment calibrated and include the cost in the cost for static load test. (3) Telltales: When shown in the Contract Documents, provide telltales that consist of an unstressed steel rod placed, with appropriate clearance and greased for reducing friction and corrosion, inside a constant - diameter pipe that rests on a flat plate attached to the end of the pipe at a point of interest shown in the plans. Construct telltales in accordance with details shown in the Contract Documents. Install dial gauges reading to 0.001 inch [0.025 mm] with 1 inch [25 mm] minimum travel as directed by the Engineer to measure the movement of the telltale with respect to the top of the pile /shaft. J -SS -96 2 -26 -03 1687 4 4A -- (4) Embedded Strain Gauges: When shown in the Contract Documents, provide strain gauges which shall be placed in the test shaft to measure the distribution of the load. Ensure that the type, number, and location of the strain gauges are as shown in the plans or as directed by the Engineer. Use strain gauges that are waterproof and have suitable shielded cable that is unspliced within the shaft. 455 -2.5 Support Facilities: Furnish adequate facilities for making load and settlement readings 24 hours per day. Provide such facilities for the instrumented area, and include lighting and shelter from rain, wind, and direct sunlight. 455 -2.6 Load Test Personnel Furnished by the Contractor: Provide a certified welder, together with necessary cutting and welding equipment, to assist with the load test setup and to make any necessary adjustments during the load test. Provide personnel to operate the jack, generators, and lighting equipment, and also provide one person with transportation to assist as required during load test setup and conducting of the load tests. Provide qualified personnel, as determined by Specialty Engineer or testing lab, required to read the dial gauges, take level _. measurements, and conduct the load test, except when the Contract Documents show that the Department will provide these personnel. 455 -2.7 Cooperation by the Contractor: Cooperate with the Department, and ensure that the Department has access to all facilities necessary for observation of the conduct and the results of the test. 455 -2.8 Required Reports: Submit a preliminary static load test report to the Engineer within five days after completing the load test. When the Contract Documents do not require internal instrumentation, submit the final report within ten days after completing the load test. Furnish the final report of test results for internally instrumented shafts within 30 days after completing the load test. Include in the report of the load test the following information: (1) A tabulation of the time of, and the amount of, the load and settlement readings, and the load and recovery readings taken during the loading and unloading of the pile /shaft. (2) A graphic representation of the test results, during loading and unloading of pile /shaft top movement as measured by the average of the dial gauge readings, from wireline readings and from level readings. (3) A graphic representation of the test results, when using telltales, showing pile /shaft compression and pile /shaft tip movement. (4) The estimated failure and safe loads according to the criteria described herein. (5) Remarks concerning any unusual occurrences during the loading of the pile /shaft. (6) The names of those making the required observations of the results of the load test, the weather conditions prevailing during the load test, and the effect of weather conditions - on the load test. (7) All supporting data including jack and load cell calibrations and certificates and other equipment requiring calibration. - (8) When the Contract Document requires internal instrumentation of the pile /shaft, furnish all of the data taken during the load test together with instrument calibration certifications. In addition, provide a report showing an analysis of the results of axial load and lateral load tests in which soil resistance along and against the pile /shaft is reported as a function of deflection. Provide the necessary report(s) prepared by a qualified Geotechnical Engineer registered in Florida as a Specialty Engineer except when the Contract Documents show that the Department will provide a Geotechnical Engineer. J -SS -97 2 -26 -03 1687 455 -2.9 Disposition of Loading Material: After completing all load tests, clean, remove all rust and debris from Department equipment, repaint all areas having damage to the paint in accordance with Section 561, and return all load test equipment supplied by the Department to its designated storage area. Repair any structural damage to Department owned equipment to the satisfaction of the Engineer. Notify the Department at least ten working days in advance so that arrangements can be made to unload the equipment. Remove all equipment and materials, which remains the Contractor's property, from the site. Clean up and restore the site to the satisfaction of the Engineer. 455 -2.10 Disposition of Tested Piles /Shafts: After completing testing, cut off the tested piles /shafts, which are not to be incorporated into the final structure, and any reaction piles /shafts at an elevation 24 inches [600 mm] below the finished ground surface. Take ownership of the cut -offs and provide areas for their disposal. 455 -3 Description. Furnish and install concrete, steel, or wood piling including driving, jetting, preformed pile holes, cutting off, splicing, dynamic load testing, and static load testing of piling. 455 -4 Classification. The Department classifies piling as follows: (1) Treated timber piling. (2) Prestressed concrete piling. (3) Steel piling. (4) Test piling. (5) Sheet piling. (a) Concrete sheet piling. (b) Steel sheet piling. 455 -5 General Requirements. 455 -5.1 Site Preparation: 455 -5.1.1 Predrilling of Pile Holes: Predrilled pile holes are either 4 foot [1.2 m] maximum depth starter holes or holes drilled through embankment/fill material down to the natural ground surface. When using low displacement steel piling such as structural shapes, drive them through the compacted fill without the necessity of drilling holes through the fill except when the requirements for predrilling are shown in the plans. When using concrete or other high displacement piles, drill pile holes through fill, new or existing, to at least the elevation of the natural ground surface. Use the drill diameters listed below for square concrete piles. 12 inch [305mm] square piles] 14 inch [355 mm] square piles 18 inch [455 mm] square piles 20 inch [5 10 mm] square piles 24 inch [610 mm] square piles 30 inch [760 mm] square piles 5 inches [380 mm] 18 inches [460 mm] 22 inches [560 mm] 24 inches [610 mm] 30 inches [760 mm] 36 inches [910 mm] For other pile sizes, use the diameter of the drills shown in the plans or approved by the Engineer. Accurately drill the pile holes with the hole centered over the plan J -SS -98 2 -26 -03 1687 location of the piling. Maintain the location and vertical alignment within the tolerances allowed for the piling. For predrilled holes that are required through rock material that may damage the pile during installation, predrill hole diameters approximately 2 inches [50 mm] larger than the largest dimension across the pile cross - section. For predrilled holes which are required through material that caves during driving to the extent that the predrilled hole does not serve its intended purpose, case the hole from the embankment surface to the approximate elevation of the natural ground surface. After driving the piles and obtaining the Engineer's acceptance, remove the casings unless shown otherwise in the plans. and fill \the annular space ` around the piles with concrete sand or other approved clean sand in a manner approved by the Engineer after driving the pile. In the setting of permanent and test piling, the Contractor may initially predrill holes to a depth up to 4 feet [1.2 m], except that, where installing piles in compacted fill, predrill the holes to the elevation of the natural ground surface. With prior written authorization „- from the Engineer, the Contractor may predrill holes to depths greater than 4 feet [ 1.2 m], to minimize the effects of vibrations on existing structures adjacent to the work and/or for other reasons the Contractor proposes. Perform such work the Engineer allows but does not require, at no expense to the Department. When the Engineer requires such work, the Department will pay for the additional cost of such work beyond the initial 4 feet [ 1.2 m] as Preformed Pile Holes as described in 455 -5.9. . Fill any voids between the pile and soil remaining after driving through predrilled holes with concrete sand or other approved clean sand. 455 -5.1.2 Underwater Driving: Underwater driving is defined as any driving through water which is above the pile head at the time of driving. When conducting underwater driving, provide a diver equipped with voice communications to aid in placing the hammer back on the pile for required cushion changes or for subsequent redriving, to attach or recover instrumentation the Engineer is using, to inspect the condition of the pile, or for other assistance as required. Select one of the following methods for underwater driving: (a) Accomplish underwater driving using conventional driving equipment and piling longer than authorized so that the piling will extend above the water surface during final driving. When choosing this option, furnish a pile hammer that satisfies the requirements of this Section for use with the longer pile. (b) Accomplish underwater driving using an underwater hammer that meets the requirements of this Section and is approved by the Engineer. When choosing this option, provide at least one pile longer than authorized at each pile group, extending above the water surface at final driving. At each group location, drive the longer pile first. The Engineer _. will evaluate the adequacy of the underwater driving system. The Engineer may use the pile tip elevation of the longer pile that the Contractor has driven and the Engineer has accepted, to evaluate the acceptability of the piles driven with the underwater hammer. (c) Accomplish underwater driving using conventional driving equipment with a suitable approved pile follower. When choosing this option, provide at least one pile longer than required at each pile group, extending above the water surface at final driving. At each group location, drive the full length pile first without using the follower. The Engineer will evaluate the adequacy of the follower used for underwater driving. The Engineer may choose to perform a dynamic load test on the first pile the Contractor drives with the follower in each group. The Engineer may use the pile tip elevation of the longer pile, that the J -SS -99 2 -26 -03 168 7 Contractor has driven and the Engineer has accepted, to evaluate the acceptability of the piles J driven with the follower. Prior to use, submit details of the follower for the Engineer's evaluation and approval along with the information required in 455 -10. Include the weight, cross - section details, stiffness, type of materials, and dimensions of the follower. 455 -5.2 Pile Hammers: Furnish to the Engineer all technical specifications and operating instructions related to hammer equipment. All equipment is subject to satisfactory field performance. Use a variable energy hammer to drive concrete piles. Hammers will be rated based on the theoretical energy of the ram at impact. 455 -5.2.1 Air /steam: Variable energy air /steam hammers shall be capable of providing at least two ram stroke lengths. The short ram stroke length shall be approximately half of the full stroke for hammers with strokes up to 4 feet [1.2 m] and no more than 2 feet [0.6 m] for hammers with maximum strokes lengths over 4 feet [1.2 m]. Operate and maintain air /steam hammers within the manufacturer's specified ranges. Use a plant and equipment for steam and air hammers with sufficient capacity to maintain, under working conditions, the hammer, volume and pressure specified by the manufacturer. Equip the plant and equipment with accurate pressure gauges which are easily accessible to the Engineer. The Engineer will not accept final bearing on piles the Contractor drives with air /steam hammers unless the Contractor operates the hammers within 10% of the manufacturer's rated speed in blows per minute, unless otherwise authorized by the Engineer. 455 -5.2.2 Diesel: Variable energy diesel hammers shall have at least three fuel settings that will produce reduced strokes. Operate and maintain diesel hammers within the manufacturer's specified ranges. Determine the rated energy of diesel hammers using measured ram stroke length multiplied by the weight of the ram for open end hammers and by methods recommended by the manufacturer for closed end hammers. Determine the actual hammer energy in the field so that it is consistent with the hammer energy used for each bearing capacity determination. Equip open -end (single acting) diesel hammers with a scale (jump stick) extending above the ram cylinder to permit the Engineer to visually determine the hammer stroke at all times during pile driving operations. Provide the Engineer with a chart from the hammer manufacturer equating stroke and blows per minute for the open -end diesel hammer to be used. Also provide and maintain in working order for the Engineer's use an approved device to automatically determine and display ram stroke for open -end diesel hammers. Equip closed -end (double acting) diesel hammers with a bounce chamber pressure gauge, in good working order, mounted near ground level so the Engineer can easily read. Also, provide the Engineer with a chart, calibrated to actual hammer performance within 30 days prior to initial use, equating bounce chamber pressure to either equivalent energy or stroke for the closed -end diesel hammer to be used. 455 -5.2.3 Hydraulic: Variable energy hydraulic hammers shall have at least three hydraulic control settings that provide for predictable stroke control. The shortest stroke shall be a maximum of 2 feet [0.6 m] for the driving of concrete piles. The remaining strokes shall be full stroke and approximately halfway between minimum and maximum stroke. Determine the hammer energy according to the manufacturer's recommendations. When pressure measuring equipment is required to determine hammer energy, calibrate the pressure gauges before use. 455 -5.2.4 Vibratory: Vibratory hammers of sufficient capacity (force and amplitude) may be used to drive steel sheet piles and, with approval of the Engineer, to drive steel bearing piles a sufficient distance to get the impact hammer on the pile (to stick the pile). J -SS -100 2 -26 -03 1 -- The Engineer will determine the allowable depth of driving using the vibratory §�Jra7ed on site conditions. However, in all cases, use a power impact hammer for the last 15 feet [4.5 m] or more of the final driving of steel bearing piles for bearing determinations. Do not use vibrating hammers to install concrete piles. 455 -5.3 Cushions and Pile Helmet: 455 -5.3.1 Capblock: Provide a capblock cushion (also called the hammer cushion) "'- as recommended by the hammer manufacturer. Use capblocks constructed of durable manmade materials with uniform known properties. Do not use wood chips, wood blocks, rope, cable, or other material which permit excessive loss of hammer energy. Do not use capblocks constructed of asbestos materials. Obtain the Engineer's approval for all proposed capblock materials and proposed thickness for use. Maintain capblocks in good condition, and change them when charred, melted, or otherwise significantly deteriorated. The Engineer will inspect the capblock before driving begins and weekly or at appropriate intervals determined by the Engineer based on field trial. Replace or repair any hammer cushion which loses more than 25% of its original thickness, in accordance with the manufacturer's instructions, before permitting further driving. 455 -5.3.2 Pile Cushion: Provide a pile cushion that is adequate to protect the pile from being overstressed in compression and tension during driving. Use a pile cushion sized so that it will fully fill the lateral dimensions of the pile helmet. Determine the thickness based upon the hammer - pile -soil system. For driving concrete piles, use a pile cushion made from pine plywood. Alternative materials may be used with the approval of the Engineer. Obtain the Engineer's approval for all pile cushions. Maintain pile cushions in good condition and change when charred, splintered, excessively compressed, or otherwise deteriorated to the point it will not protect the pile against overstressing in tension and/or compression. Protect cushions from the weather, and keep them dry. Do not soak the cushions in any liquid unless approved by the Engineer. Replace the pile cushion if, during the driving of any pile, the cushion is either compressed more than one -half the original thickness or begins to burn. Provide a new cushion for each pile unless approved otherwise by the Engineer after satisfactory field trial. Reuse pile cushions in good condition to perform all set - checks and redrives. Use the same cushion to perform the set -check or redrive as was used during the initial driving, unless this cushion is unacceptable due to deterioration, in which case use a similar cushion. 455 -5.3.3 Pile Helmet: Provide a pile helmet suitable for the type and size of piling being driven. Use a pile helmet deep enough to adequately contain the required thickness of pile cushion and to assist in maintaining pile- hammer alignment. Use a pile helmet that fits loosely over the pile head and is at least 1 inch [25 mm] larger than the pile dimensions. Use a pile helmet designed so that it will not restrain the pile from rotating. 455 -5.4 Leads: Provide pile leads constructed in a manner which offers freedom of __. movement to the hammer and that have the strength and rigidity to hold the hammer and pile in the correct position and alignment during driving. When using followers, use leads that are long enough and suitable to maintain position and alignment of the hammer, follower, and pile - throughout driving. 455 -5.5 Followers: Use followers only for underwater driving. Obtain the Engineer's approval for the type of follower, when used, and the method of connection to the leads and pile. Use followers constructed of steel with an adequate cross - section to withstand driving stresses. When driving concrete piles, ensure that the cross - sectional area of the follower is at least 18% of the cross - sectional area of the pile. When driving steel piles, ensure that the cross - sectional area of the follower is greater than or equal to the cross - sectional area of the pile. Provide a pile helmet at the lower end of the follower sized according to the requirements of 455 - 5.3.3. Use J -SS -101 2 -26 -03 16B7'� followers constructed that maintain the alignment of the pile, follower, and hammer and still allow the pile to be driven within the allowable tolerances. Use followers designed with guides adapted to the leads that maintain the hammer, follower, and the piles in alignment. Use information from driving full length piles described in 455 -5.1.2 compared to driving piles with the follower and/or dynamic load tests described in 455 -5.13 to evaluate the adequacy of the follower and to establish the blow count criteria when using the follower. 455 -5.6 Templates: Provide a fixed template, adequate to maintain the pile in proper position and alignment during driving with swinging leads or with semi -fixed leads. For piles on land, locate the template within 5 feet [1.5 m] of cutoff or within 5 feet [1.5 m] of ground line, whichever is less. For piles in water, locate the template within 5 feet [1.5 m] of cutoff or within 5 feet [1.5 m] of the waterline, whichever is less. Do not use floating templates (attached to a barge). Where practical, place the template so that the pile can be driven to cut -off elevation before removing the template. When proposing to use a free hammer, provide a rigid double template that will independently support the pile. Provide free hammers with approved guide extensions that hold the hammer in alignment with the pile to ensure that the hammer blow is applied axially to the pile at all times. When driving piles with a follower using floating equipment, provide a double template or other approved equipment to maintain alignment of the hammer, follower, and pile. Use a double template consisting of a pile template within 5 feet [1.5 m] of cut -off elevation and a second upper support above the water surface for the leads. Where practical, place the template so that the pile can be driven to cut -off elevation before removing the template. Ensure that the individual pile positions of the second upper template are adjustable in size to serve as a guide for both the pile and follower. Ensure that templates do not restrict the vertical movement of the pile. 455 -5.7 Water Jets: Use jet pumps, supply lines, and jet pipes that provide adequate pressure and volume of water to freely erode the soil. Do not perform jetting without prior approval by the Engineer or unless allowed by the plans. Do not perform jetting in the embankment. Where conditions warrant, with approval by the Engineer, perform jetting on the holes first, place the pile therein, then drive the pile to secure the last few feet [meters] of penetration. Only use one jet for prejetting or jetting through piles constructed with a center jet -hole. Use two jets when using external jets. When jetting and driving, position the jets slightly behind the advancing pile tip (approximately 3 feet [0.9 m] or as approved by the Engineer). When using water jets in the driving, determine the pile bearing only from the results of driving after withdrawing the jets, except where using jets to continuously eliminate soil resistance through the scour zone, ensure that they remain in place as directed by the Engineer and operating during pile bearing determination. Where practical, perform jetting on all piles in a pile group before driving begins. When large pile groups or pile spacing and batter make this impractical, or when the plans specify a jet -drive sequence, set check a sufficient number of previously driven piles in a pile group to confirm their capacity after completing all jetting. 455 -5.8 Penetration Requirements: Measure the penetration of piles from the elevation of natural ground, scour elevation shown in the plans, or the bottom of excavation, whichever is lower. When the Contract Documents show a minimum pile tip elevation or a minimum depth of penetration, drive the tip of the pile to this minimum elevation or this minimum penetration depth. In all such cases, the Engineer will accept the bearing capacity of a pile only if the Contractor achieves the required bearing value when the tip of the pile is at or below the specified minimum tip elevation or depth of penetration. When the plans do not show a minimum depth of penetration, scour elevation, or minimum tip elevation, ensure that the required penetration is at least 10 feet [3 m] into firm J -SS -102 2 -26 -03 16B7', bearing material or at least 20 feet [6 m] into soft material unless otherwise permitted by the Engineer. If a scour elevation is shown in the plans, achieve these penetrations below the scour elevation. The Engineer may accept a penetration between 15 and 20 feet [4.5 and 6 m] when there is an accumulation of five consecutive feet [1.5 consecutive meters] or more of firm bearing material. Firm bearing material is any material offering a driving resistance greater than or equal to 30 tons /ft2 [3 MPa] of gross pile area as determined by the Wave Equation (455 - 5.11.2). Soft material is any material offering less than these resistances. The gross pile area is the actual pile tip cross - sectional area for solid concrete piles, the product of the width and depth for H piles, and the area within the outside perimeter for pipe piles and voided concrete piles. Do not drive piles beyond practical refusal (20 blows per inch [25 mm]). To meet the requirements in this Subarticle, provide penetration aids, such as jetting or preformed pile holes, when piles cannot be driven to the required penetration without reaching practical refusal. If the Contractor encounters unforeseeable, isolated obstructions that the Contractor cannot practically penetrate by driving, jetting, or preformed pile holes, and the _. Contractor must remove the pile to obtain the required pile penetration, the Department will pay the costs for such removal as Unforeseeable Work. 455 -5.9 Preformed Pile Holes: 455 -5.9.1 Description: Preformed Pile Holes are holes necessary due to the presence of rock or strong strata of soils which will not permit the installation of piles to the desired penetration by driving or a combination of jetting and driving, or holes determined -- necessary by the Engineer or when authorized by the Engineer to minimize the effects of vibrations on adjacent existing structures. The Engineer may require preformed holes for any type of pile. Preformed Pile Holes serve as a penetration aid when all other pile installation - methods fail to produce the desired penetration and when authorized by the Engineer to minimize the effects of vibrations on adjacent structures. Drive all piles installed in Preformed Pile Holes to determine that the bearing requirements have been met. Fill all voids between the pile and soil remaining after driving through preformed holes with concrete sand or clean sand. 455 -5.9.2 Provisions for Use of Preformed Pile Holes: The Department generally anticipates the necessity for Preformed Pile Holes and includes directions in the Contract Documents. The Department will pay for Preformed Piles Holes when the Contractor establishes that the required results cannot be obtained when driving the load bearing piles with specified driving equipment, while jetting the piles and then driving, or while jetting the piles during driving. 455 -5.9.3 Conditions Under Which Payment Will Be Made: The Department will make payment for Preformed Pile Holes where the Contractor demonstrates that such work is necessary to achieve the required penetration of the pile. The Department considers, but does not limit to, the following conditions as reasons for Preformed Pile Holes: (a) Inability to drive piles to the required penetration with driving and jetting equipment. - (b) To penetrate a hard layer or layers of rock or strong stratum that the Engineer considers not sufficiently thick to support the structure. (c) To obtain greater penetration into dense (strong) material and into - dense material containing holes, cavities or unstable soft layers. (d) To obtain penetration into a stratum in which it is desired to found the structure. - (e) To minimize the effects of vibrations or heave on adjacent existing structures. J -SS -103 2 -26 -03 1667'1 (f) To obtain a penetration up to 20 feet [6 m] except where the Contract Documents show a required pile penetration in excess of 20 feet [6 m]. (g) To minimize the effects of ground heave on adjacent piles. 455 -5.9.4 Construction Methods: Construct Preformed Pile Holes by drilling, or driving and withdrawing a suitable punch or chisel at the locations of the piles. Construct a hole that is equal to or slightly greater than the pile and of sufficient depth to obtain the required penetration. Carefully form the preformed hole by using a drill or punch guided by a template or other suitable device, and do not exceed the minimum dimensions necessary to achieve the required penetration of the pile. When Preformed Pile Holes are oversized to the extent that the sides of the pile are not in contact with the soil and the pile has inadequate lateral stability, restore lateral stability by filling the space between the pile and the sides of the hole with concrete sand or other approved clean sand. When the plans call for grouting the Preformed Pile Holes, provide the minimum dimension of the pile hole that is 2 inches [50 mm] larger than the largest pile dimension. Construct the holes at the plan position of the pile and the tolerances in location, and ensure that the batter is the same as allowed for the pile. 455 -5.9.5 Grouting of Pile Holes: Grout Preformed Pile Holes for bearing piles, when the plans require grouting after driving. Clean the Preformed Pile Holes, and fill them with cement grout as shown in the plans. Use grout that has a minimum compressive strength of 3,000 psi [20 MPa] at 28 days or as specified. Pump the grout through three or more grout pipes initially placed at the bottom of the preformed hole. The Contractor may raise the grout pipes when necessary to prevent clogging and to complete the grouting operations. Maintain the grout pipes below the surface of the previously placed grout. Continue grouting until the grout reaches the ground surface all around the pile. Provide divers to monitor grouting operations when the water depth is such that it is impractical to monitor from the ground surface. When grouting is shown in the plans, include the cost in the price for Piles. In the event that the Engineer determines the Contractor must grout and the required grouting is not shown in the plans, the Department will pay for the grouting work as Unforeseeable Work. 455 -5.10 Bearing Requirements: 455 - 5.10.1 General: Drive piles to provide the bearing capacities required for carrying the loads shown in the plans. For all types of bearing piles, consider the driving resistance as determined by the methods described herein sufficient for carrying the specified loads as the minimum bearing which is accepted for any type of piles. Determine pile bearing using the method described herein or as shown in the plans. The Engineer may accept a driven pile when the pile has achieved minimum penetration, the blow count is generally increasing and the minimum required bearing capacity obtained for 24 inches [600 mm] of consecutive driving. At his discretion, the Engineer may also accept a driven pile when the minimum penetration is achieved and driving has reached practical refusal in firm material. 455 - 5.10.2 Blow Count Criteria: The Engineer will determine the number of blows required to provide the required bearing according to the methods described herein. Determine the pile bearing by computing the penetration per blow with less than 1/4 inch [6 mm] rebound averaged through 12 inches [300 mm] each of penetration. When it is considered necessary by the Engineer, the Contractor may determine the average penetration per blow by averaging the penetration per blow through the last 10 to 20 blows of the hammer. Supply driving equipment which provides the required resistance at a blow count ranging from 3 blows per inch [3 blows per 25 mm] (36 blows per foot [36 blows per 300 mm]) to 10 blows per inch [10 blows per 25 mm] (120 blows per foot [120 blows per 300 mm]) unless approved otherwise by the Engineer after satisfactory field trial. J -SS -104 2 -26 -03 7`1 - 455 - 5.10.3 Practical Refusal: Practical refusal is defined as 20 blows per inch [20 blows per 25 mm] with the hammer operating at the highest full setting or at setting determined by the Engineer and less than 1/4 inch [6 mm] rebound per blow. Stop driving as soon as the Engineer determines that the pile has reached practical refusal. The Engineer will generally make this determination within 2 inches [50 mm] of driving. However, the Engineer will in no case approve the continuation of driving at practical refusal for more than 12 inches [300 mm]. When the required pile penetration cannot be achieved by driving without exceeding practical refusal, use other penetration aids such as jetting or Preformed Pile Holes. 455 - 5.10.4 Set - checks and Pile Redrive: (a) Set - checks: In the event that the Contractor has driven the pile to approximately 12 inches [300 mm] above cut -off without reaching the required resistance, the Engineer may require the Contractor to interrupt driving at least 15 minutes prior to performing a set - check. A set -check consists of ten hammer blows or 10 inches [250 mm] or more of driving. Provide an engineer's level or other suitable equipment for elevation determinations to determine accurate pile penetration during the set - checks. There will be no separate payment for an initial set - check. In the event the result of an initial set -check is not satisfactory, the Engineer may direct additional set - checks. For each additional set -check ordered by the Engineer within 72 �. hours from the end of original driving, the Contractor will be paid an additional quantity of 10 feet [3 m] of Piling. The Engineer may accept the pile as driven when a set -check shows that the Contractor has achieved the minimum required pile bearing and has met all other requirements of this Section. (b) Pile Redrive: Pile Redrive consists of redriving the pile after 72 hours from original driving to determine time effects, to reestablish pile capacity due to pile heave, or for other reasons determined by the Engineer. Redrive piles as directed by the Engineer. Redrives may range from ten hammer blows to 12 inches [300 mm] or more of driving. 455 - 5.10.5 Pile Heave: Pile heave is the upward movement of a pile from its originally driven elevation. Drive the piles in an approved sequence to minimize the effects of heave and lateral displacement of the ground. Monitor piles previously driven in a pile group for possible heave during the driving of the remaining piles. When required by the Engineer, take - elevation measurements to determine the magnitude of the movement of piles and the ground surface resulting from the driving process. Redrive all piles that have heaved 1/4 inch [6 mm] or more unless the Engineer determines that the heave is not detrimental to pile capacity. The _ Department will pay for all work in conjunction with redriving piles due to pile heave under the Pile Redrive item. 455- 5.10.6 Piles with Insufficient Bearing: In the case that the Engineer determines that the safe bearing capacity of any pile is less than the required bearing capacity, the Contractor may splice the pile and continue driving or may extract the pile and drive a pile of greater length, or, if so ordered by the Engineer, drive additional piles until reducing the adjusted required bearing per pile to the determined bearing capacity of the piles already driven. 455 -5.11 Methods to Determine Pile Capacity: 455- 5.11.1 General: Dynamic load test will be used to determine pile capacity for all structures or projects unless shown otherwise in the Contract Documents. When necessary, the Engineer may require static load tests to confirm pile capacities. When the Contract Documents do not include items for static load tests, the Engineer will consider all required testing Unforeseeable Work. When considered necessary by the Engineer, adjust the blow count criteria to match the resistance determined from static load tests. 455 - 5.11.2 Wave Equation: J -SS -105 2 -26 -03 1687 i (a) General: The Engineer may use the Wave Equation Analysis for Piles (WEAP) programs. The Engineer will use the Wave Equation to evaluate the suitability of the Contractor's proposed driving system (including the hammer, follower, capblock and pile cushions) as well as to estimate the driving resistance, in blows per 12 inches [300 mm] or blows per inch [25 mm], to achieve the pile bearing requirements and to evaluate pile driving stresses. The required driving resistance is equal to the design load multiplied by the appropriate factor of safety plus the scour and down drag resistance shown in the plans (no safety factor is required) or the ultimate bearing capacity shown in the plans, whichever is higher. The factor of safety applied to the design load is: 2.0 when static load tests are required. 2.5 when the Pile Driving Analyzer and Wave Equation Analysis are required. 3.0 when only the Wave Equation Analysis is required. The Engineer may modify the scour resistance shown in the plans if the dynamic load test is used to determine the actual soil resistance through the scour zone. Also, the Engineer may make modifications in scour resistance when the Contractor proposes drilling and/or jetting to reduce the soil resistance in the scour zone. The Engineer will not approve any hammer for driving unless Wave Equation analyses show it capable of driving to a resistance equal to at least 3.0 times the design load plus the scour and down drag resistance (if applicable) shown in the Contract Documents or 1.2 times the ultimate resistance shown in the Contract Documents, whichever is higher, without overstressing the piling in compression or tension and without reaching practical refusal (20 blows per inch [20 blows per 25 mm]). Ensure that the hammer provided also meets the requirements described in 455 - 5.10.2. (b) Required Equipment For Driving: Hammer approval is solely based on the Wave Equation Analysis, PDA and CAPWAP analysis. Supply a hammer system that meets the requirements described in the specifications based on the above analysis. Obtain preliminary approval from the Engineer for all proposed driving equipment. All equipment is subject to satisfactory field performance. In the event that piles require different hammer sizes, the Contractor may elect to drive with more than one size hammer or with a variable energy hammer, provided the hammer is properly sized, cushioned, and the Wave Equation analyses show that it will not damage the pile and will develop the required resistance. (c) Allowable Pile Stresses: (1) General: The allowable stresses for concrete, steel, and timber piles are given below. In the event Wave Equation analyses show that the hammer will overstress the pile, the Engineer will reject the proposed driving system. Upon such rejection, modify the driving system or method of operation as required to prevent overstressing the pile. In such cases, meet the Engineer's reevaluation requirements by providing additional cushioning or making other appropriate agreed upon changes. For penetration of weak soils by concrete piles, use thick cushions and/or reduced stroke to control tension stresses during driving. (2) Concrete Piles: The Engineer will use the wave equation to evaluate the pile cushioning the Contractor proposes to use. Use the following equations to determine the maximum allowable stresses as predicted by the wave equation when driving prestressed concrete piling: J -SS -106 2 -26 -03 Non SI Units Sap, = 0.7 f,-0-75 f p@ Sap, = 65 (f, )0.5 + 1.05 f Pe Sap, = 3.25 (f, )0.5 + 1.05 f pe 1687';y (1) (2a) for piles less than 50 feet long (2b) for piles 50 feet long and greater where: sap,= maximum allowable pile compressive stress, psi sap,= maximum allowable pile tensile stress, psi f',= specified minimum compressive strength of concrete, psi fpe= effective prestress (after all losses) at the time of driving, psi, taken as 0.8 times the initial prestress force (fpe= 0 for spliced piles). SI Units Sap, = 0.7f,— 0.75 f pe �. sap, = 0.54 (f, )0.5 + 1.05 f pe Sap, = 0.27 (f, )0.5 + 1.05 f pe (1) (2a) for piles less than 15 in long (2b) for pile over 15 m long and greater —` where: sap,= maximum allowable pile compressive stress, MPa sapt= maximum allowable pile tensile stress, MPa —' f,= specified minimum compressive strength of concrete, MPa fpe= effective prestress (after all losses) at the time of driving, MPa, taken as 0.8 times the initial prestress force (fp,= 0 for spliced piles). (3) Steel Piles: Ensure that the maximum allowable pile compression and tensile stresses as predicted by the Wave Equation are equal to 0.9 times the yield strength (0.9 fy) of the steel. (4) Timber Piles: Ensure that the maximum allowable pile compression and tensile stresses as predicted by the wave equation are 3.6 ksi [25 MPa] for Southern Pine and Pacific Coast Douglas Fir and 0.9 of the ultimate parallel to the grain strength for piles of other wood. _. 455 - 5.11.3 Temporary Piles: Submit for the Engineers approval, a Wave Equation analysis signed and sealed by a Specialty Engineer which establishes the driving criteria for temporary piles. 455- 5.11.4 Dynamic Load Tests: Dynamic load testing consists of predicting pile capacity from blows of the hammers during drive and/or redrive of an instrumented pile. J -S S -107 2 -26 -03 1687 applying ' 455 - 5.11.5 Static Load Tests: Static load testing consists of a static load to the pile to determine its capacity. Use The Modified Quick Test Procedure in accordance with 455 - 2.2.1. 455 - 5.11.6 Fender Pile Installation: For piles used in fender systems, regardless of type or size of pile, either drive them full length or jet the piles to within 2 feet [600 mm] of cutoff and drive to cutoff elevation to seat the pile. The Engineer will not require a specific driving resistance unless noted in the plans. Use methods and equipment for installation that do not damage the piles. If the method or equipment used causes damage to the pile, modify the methods or equipment at no expense to the Department. 455 -5.12 Test Piles: 455 - 5.12.1 Description: Drive piles of the same cross - section and type as the permanent piles shown in the plans, in order to determine any or all of the following: (a) the safe bearing value of the piles. (b) the nature of the soil. (c) the lengths of permanent piles required for the work. (d) the driving resistance characteristics of the various soil strata. (e) the amount of work necessary to obtain minimum required pile penetration. (f) the ability of the driving system to do the work. (g) the need for point protection. Because test piles are exploratory in nature, drive them harder (within the limits of practical refusal), deeper, and to a greater bearing value than required for the permanent piling. Where practical, drive test piles their full length. Build up test piles which have been driven their full length and have developed only minimal required bearing, and proceed with further driving. As a minimum, unless otherwise directed by the Engineer, do not cease driving of test piles until obtaining the required bearing capacity continuously, where the blow count is increasing, for 10 feet [3 m] unless reaching practical refusal first. For test piles which are to be statically load tested, ignore this minimum and drive these piles as anticipated for the production piles. When test piles attain practical refusal prior to attaining minimum penetration, perform all work necessary to attain minimum penetration and the required bearing. Where practical use water jets to break the pile loose for further driving. Where jetting is impractical, extract the pile and install a Preformed Pile Hole through which driving will continue. The Department will consider the work of extracting the pile to be Unforeseeable Work. When driving test piles other than low displacement steel test piles, have water jets as specified in 455 -5.7 and preforming equipment available at the site, ready for use, before the test pile driving begins. The Engineer may elect to interrupt pile driving up to four times on each test pile, two times for 15 minutes and two additional times within 72 hours of initial driving to determine time effects during the driving of test piles at no additional cost to the Department. If set - checks are determined necessary by the Engineer after 72 hours from the end of initial driving, each set -check will be paid for as Pile Redrive. Install instruments on test piles when dynamic load tests are included in the plans or when directed by the Engineer. 455 - 5.12.2 Location of Test Piles: Drive all test piles in the position of permanent piles at the designated locations. Unless all piles at the designated location are battered, drive J -SS -108 2 -26 -03 plumb test piles. Ensure that all test piles designated to be statically load tested are plumb. In the event that all the piles are battered at a static load test site, the Engineer will designate an out -of- position location for driving a plumb pile for the load test. 455- 5.12.3 Equipment for Driving: Use the same type, size, and weight hammer and equipment for driving test piles as is intended for driving the permanent piles. Also use the same equipment to redrive any test piles. - 455- 5.12.4 Ground Elevations: At the time of driving test piles, furnish the Engineer with elevations of the original ground at each pile or pile group location. Note the highest and lowest elevation at each required location and the ground elevation at all the test piles. Present the elevations in plotted and tabular form and submit with the test pile data. 455 -5.13 Dynamic Load Tests: The Engineer will take dynamic measurements during the driving of piles designated in the plans or authorized by the Engineer as Dynamic Load Test Piles. Install instruments on test piles and selected permanent piles for dynamic load testing. When the Contract Documents include Dynamic Load Tests, all test piles will have dynamic load tests. The Engineer will perform Dynamic Load Tests to evaluate any or all of the following: 1. Evaluate suitability of Contractor's driving equipment, including hammer, capblock, pile cushion, and any proposed follower. 2. Determine pile capacity. 3. Determine pile stresses. 4. Determine energy transfer to pile. 5. Determine distribution of soil resistance. 6. Evaluate soil variables including quake and damping. 7. Evaluate hammer- pile -soil system for Wave Equation analyses. 8. Evaluate pile installation problems. 9. Other. Attach instruments (strain transducers to measure force and accelerometers to measure acceleration) with screws to the pile for dynamic load testing. To allow the Engineer to perform dynamic load testing, supply 110 V, 60 Hz, 30 A of AC electric power to operate an electric drill and to operate the pile driving analyzer equipment. When required in the plans, also provide a suitable shelter within 50 feet [15 m] and within view of the test location to protect the equipment from the elements. Ensure that this shelter is 7 feet [2 m] high and 8 by 8 feet [2.5 by 2.5 m] in plan. Provide a suitable man basket, having a working area of at least 4 by 4 feet [ 1.2 by 1.2 m] with 4 foot [1.2 m] high safety rails all around, to be lifted by the crane, for use as required, to provide access to the top of the pile. Supply a stable platform which is satisfactory, in the opinion of the Engineer, for reference of the pile penetration. Make each pile to be dynamically tested available to drill holes for attaching instrumentation and for wave speed measurements. Support the pile with timber blocks -° placed at appropriate intervals. Ensure that the pile is in a horizontal position and does not contact adjacent piles. Provide a sufficient clear distance at the sides of the pile for drilling the holes. The Engineer will furnish the equipment, materials, and labor necessary for drilling holes and taking the wave speed measurements. If the Engineer directs dynamic load testing of piles already driven, provide the Engineer safe access to the top of the piles for drilling the attachment holes. After placing the leads provide the Engineer reasonable means of access to the piles to ® attach the instruments and for removal of the instruments after completing the pile driving. The Engineer will monitor the stresses in the piles with the dynamic test equipment during driving to ensure the Contractor does not exceed the allowable stresses. If _. necessary, add additional cushioning, replace the cushions, or reduce the hammer stroke to maintain stresses below the maximum allowable. If dynamic test equipment measurements J -SS -109 2 -26 -03 16B7 r indicate non -axial driving, immediately realign the driving system. If the cushion is compressed to the point that a change in alignment of the hammer will not correct the problem, add cushioning or change the cushion as directed by the Engineer. Drive the pile to the required penetration and resistance or as directed by the Engineer. The Engineer may elect to interrupt driving for up to two waiting periods, 15 minutes each (set- checks) during the initial driving of the pile. Dynamic load testing of a pile may average up to two hours longer than for driving an uninstrumented pile. When directed by the Engineer, perform instrumented redrives. Do not use a cold diesel hammer for a redrive unless in the opinion of the Engineer it is impractical to do otherwise. Generally, warm up the hammer by applying at least 20 blows to a previously driven pile or to timber mats placed on the ground. 455 -5.14 Pile Lengths: 455 - 5.14.1 Test Pile Length: Provide the length of test piles shown in the plans or as directed by the Engineer. 455 - 5.14.2 Production Pile Length: When shown in the plans, the lengths are based on information available during design and are approximate only. The Engineer will determine final pile lengths in the field which may vary significantly from the lengths or quantities shown in the plans. 455 - 5.14.3 Authorized Pile Lengths: The authorized pile lengths are the lengths determined by the Engineer based on all information available before the driving of the permanent piles, including, but not limited to, information gained from the driving of test piles, dynamic load testing, static load testing, set - checks, pile redrives, supplemental soil testing, etc. These lengths represent the lengths that the Department has assumed to remain in the completed structure. The Contractor may elect to provide piling with lengths longer than authorized to suit his method of installation. When the Contractor elects to provide longer than authorized pile lengths, the Department will pay for the furnished length as either the originally authorized length or the length between cut -off elevation and the final accepted pile tip elevation, whichever is the longer length. Within 30 days after driving all the test piles, completing all load tests, completing all redrives, and receiving all test reports, the Engineer will furnish the Contractor an itemized list of authorized pile lengths and driving criteria. Use these lengths for furnishing the permanent piling for the structure. If the Contractor is willing to start his pile driving operations in phases designated by the Engineer, and if the Contractor so requests in writing at the beginning of the test pile program, the Department will furnish pile lengths and driving criteria for these designated phases within seven days after driving all the test piles, completing all load tests, completing all redrives, and receiving all test reports for those designated phases. On multiple phase projects, the Engineer will not furnish pile lengths on subsequent phases until completing the piling on initial phases. 455 -5.15 Allowable Driving Tolerances: 455 - 5.15.1 General: Meet the tolerances described in this Subarticle to the piles that are free standing without lateral restraint (after the template is removed). After the piles are driven, do not move the piles laterally to force them to be within the specified tolerances. The Contractor may move battered piles laterally to overcome the dead load deflections caused by the pile's weight. When this is necessary, submit calculations signed and sealed by a Specialty Engineer to the Engineer that verify the amount of dead load deflection prior to moving any piles. 455 - 5.15.2 Position: Ensure that the final position of the pile head at cut -off elevation is no more than 3 inches [75 mm] from the plan position indicated in the plans. J -SS -110 2 -26 -03 455 - 5.15.3 Axial Alignment: Ensure that the axial alignment of the driven piles does not deviate by more than 114 in/ft [20 mm/m] from the vertical or batter line indicated in the plans. - 455 - 5.15.4 Elevation: Ensure that the final elevation of the pile head is no more than 11/2 inches [38 mm] above, or more than 4 inches [100 mm] below, the elevation shown in the plans. Do not embed the pile less than 6 inches [ 150 mm] below the elevation shown in the plans unless a minimum penetration requirement is shown. 455 - 5.15.5 Deviation From Above Tolerances: When the Contractor has failed to meet the above tolerances, the Contractor may request design changes in the pile caps or footings to incorporate piles driven out of tolerance. Bear the expense of redesign and Unforeseeable Work resulting from approved design changes to incorporate piles driven out of tolerance. Employ a Specialty Engineer to perform any redesign and who shall sign and seal the redesign drawings and computations. Do not begin any proposed redesign until it has been reviewed for acceptability and approved by the Engineer. 455 -5.16 Disposition of Pile Cut -offs, Test Piles, and Load Test Materials: 455 - 5.16.1 Pile Cut -offs: (a) Steel Piling: Unless shown otherwise in the plans, the Department will - retain ownership of cut -off sections, or portions of cut -off sections, and unused piling 20 feet [6 m] long or longer that are not damaged. Deliver them to the Department's nearest maintenance yard. Ensure that sections of piles delivered to the maintenance yard are straight and undamaged. tl Cut off the damaged portions prior to delivery. Take ownership of cut -off sections less than 20 feet [6 m] long. Remove them from the job, and dispose of them. (b) Other Pile Types: Upon completion of all work under the Contract in connection with piling, unless shown otherwise in the plan, take ownership of any unused cut -off lengths remaining, and remove them from the right -of -way. Provide areas for their disposal. 455- 5.16.2 Test Piles: Where so directed by the plans or the Engineer, cut off, or build -up as necessary, test piles, and leave them in place as permanent piles. Extract and replace test piles driven in permanent position and found not suitable for use at no expense to the Department. Pull, or cut off at an elevation 2 feet [0.6 m] below the ground surface or bottom of proposed excavation, test piles driven out of permanent position, and dispose of the removed portion of the test pile. When test piles are required to be driven in permanent pile positions, the Contractor may elect to drive the test pile out of position, with the approval of the Engineer, provided that a replacement pile is furnished and driven by the Contractor at no expense to the Department in the position that was to be occupied by the test pile. Under this option, the Department will pay for the test pile in the same manner as if it were in permanent position. Unless otherwise directed in the plans or by the Engineer, retain ownership of test piles that are pulled or cut off and provide areas for their disposal. 455 -6 Timber Piling. 455 -6.1 Description: Drive timber piles constructed of round timber of the kind and dimensions specified in the plans at the locations and to the elevations shown in the plans, or as _ directed by the Engineer. 455 -6.2 Materials: Meet the timber piling requirements of Section 953. Treat the piles according to the applicable provisions of Section 955. Treat all cuts and drilled holes in �. accordance with 470 -3. 455 -6.3 Preparation for Driving: J -SS -111 2 -26 -03 1687 455 -6.3.1 Caps: Protect the heads of timber piles during driving, using a cap of approved type, that will distribute the hammer blow over the entire cross - section of the pile. When necessary, cut the head of the pile square before beginning pile driving. 455 -6.3.2 Collars: Provide collars or bands to protect piles against splitting and brooming at no expense to the Department. 455 -6.3.3 Shoes: Provide piles shod with metal shoes, of a design satisfactory to the Engineer, at no expense to the Department. Shape pile tips to receive the shoe and install according to the manufacturer's directions. 455 -6.4 Storage and Handling: Store and handle piles in the manner necessary to avoid damage to the piling. Take special care to avoid breaking the surface of treated piles. Do not use cant dogs, hooks, or pike holes when handling and storing the piling. 455 -6.5 Cutting Off: Saw off the tops of all timber piles at the elevation indicated in the plans. Saw off piles which support timber caps to the exact plane of the superimposed structure so that they exactly fit it. Withdraw and replace broken, split, or misplaced piles. 455 -6.6 Build -ups: The Engineer will not permit splices or build -ups for timber piles. Extract piles driven below plan elevation and drive a longer pile. 455 -6.7 Pile Heads: 455 -6.7.1 Piles with Timber Caps: On piles wider than the timber caps, dress off to a slope of 45 degrees the part of the pile head projecting beyond the sides of the cap. Coat the cut surface with the required preservative over which place a sheet of copper, of a weight of 10 0z /ft2 [3 kg/m2] or greater, meeting the requirements of ASTM B 370. Provide a cover that measures at least 4 inches [ 100 mm] more in each dimension greater than the diameter of the pile. Bend the cover down over the pile and fasten the edges with large head copper nails or three wraps of No. 12 [2 mm] copper wire. 455 -6.7.2 Fender and Bulkhead Piles: First paint the heads of fender piles and of bulkhead piles with preservative and then cover with copper as provided above for piles supporting timber caps. 455 -7 Prestressed Concrete Piling. 455 -7.1 Description: Provide prestressed concrete piles that are manufactured, cured, and driven in accordance with the requirements of the Contract Documents. Provide piles full length without splices when transported by barge or transported by truck without the need of a special over length permit. When piles are of a length which requires a special over - length permit to transport and splicing is desired, provide minimal splices. Include the cost of the splices in the cost of the pile. 455 -7.2 Manufacture: Fabricate piles in accordance with Section 450. 455 -7.3 Storage and Handling: 455 -7.3.1 Time of Driving Piles: Drive prestressed concrete piles at any time after the concrete has aged at least seven days and the concrete compressive strength is equal to or greater than the specified 28 day compressive strength. 455 -7.3.2 Storage: Support piles on adequate dunnage both in -the prestress yard and at the job site in accordance with the locations shown in the plans to minimize undue bending stresses or creating a sweep or camber in the pile. 455 -7.3.3 Handling: Handle and store piles in the manner necessary to eliminate the danger of fracture by impact or of undue bending stresses in handling or transporting the piles from the forms and into the leads. In general, lift concrete piles by means of a suitable bridge or slings attached to the pile at the locations shown in the plans. Construct slings used to handle piles of a fabric material or braided wire rope constructed of six or more wire ropes which will J -SS -112 2 -26 -03 i not mar the corners or the surface finish of the piles. Do not use chains to han p es. urin transport, support concrete piles at the lifting locations shown in the plans or fully support them throughout 80% or more of their length. In handling piles for use in salty or brackish water, _ exercise special care to avoid damaging the surface and corners of the pile. If an alternate transportation support arrangement is desired, submit calculations, signed and sealed by the _ Specialty Engineer, for approval by the Engineer prior to transporting the pile. Calculations must show that the pile can be transported without exceeding the bending moments calculated using the support locations shown in the plans. 455 -7.4 Cracked Piles: The Engineer will reject any pile that becomes cracked in handling to the point that a transverse or longitudinal crack extends through the pile, shows failure of the concrete as indicated by spalling of concrete on the main body of the pile adjacent - to the crack, or which in the opinion of the Engineer will not withstand driving stresses. The Engineer will not reject any pile for the occasional minor surface hairline cracking caused by shrinkage or tensile stress in the concrete from handling. Do not drive piling with irreparable damage, which is defined as any cracks that extend through the pile cross - sectional area that are, or will be, below ground or water level at the end of driving. Such cracks are normally evidenced by emitting concrete dust during their opening and closing with each hammer blow. Remove and replace broken piles or piles cracked to the extent described above at no expense to the Department. The Engineer will accept cracks less than 0.005 inch [0.15 mm] which do not extend through the pile. Using approved methods, cut off and splice or build -up to cut -off elevation piles with cracks greater than 0.005 inch [0.15 mm] at the pile head or above ground or water level, and piles with cracks above ground or water level which extend through the cross - sectional area of the pile. The Engineer, at his discretion, may require correction of pile damage or pile cracks by cutting down the concrete to the plane of sound concrete below the crack and rebuilding it to cut -off elevation, or the Engineer may reject the pile. Extract and replace rejected piles that cannot be repaired, at no expense to the Department. Take appropriate steps to prevent the occurrence of cracking, whether due to handling or driving. When cracking occurs during driving take immediate steps to prevent additional cracking by using thicker cushions or reducing the ram stroke length. Revise handling and transporting equipment and procedures as necessary to prevent cracking during handling and transportation. 455 -7.5 Preparation for Transportation: Cut any strands protruding beyond the ends of the pile flush with the surface of the concrete using an abrasive cutting blade before transporting the piles from the casting yard. Cut the metal handling devices cast into the concrete back to a minimum depth of 1 inch [25 mm] and patch with an approved epoxy mortar, mixed, applied and cured in accordance with the manufacturer's recommendations before transporting the piles from the casting yard. 455 -7.6 Method of Driving: Unless otherwise directed, drive piles by a hammer or by means of a combination of water jets and hammer. When using jets in combination with a hammer, withdraw the jets and drive the pile by the hammer alone, to secure final penetration and to rigidly fix the tip end of the pile. Keep jets in place if they are being used to continuously eliminate the soil resistance in the scour zone. 455 -7.7 Extensions and Build -ups Used to Increase Production Lengths: 455 -7.7.1 General: Where splices and build -ups for concrete piles are necessary, such splices and build -ups to be driven, or those2l feet [6.4 m] or longer, are to be prestressed precast sections. Ensure that build -ups less than2l feet [6.4 m] in length and not to be driven J -SS -113 2 -26 -03 16B7 consist of a non - prestressed reinforced section meeting the requirements of 455- 7.7.3. The Contractor may construct build -ups less than 2 feet [0.6 m] in length in accordance with 455- 11.8. When splicing a prestressed precast section onto the original pile and, after driving, the length of spliced section below cut -off elevation is4 feet [1.2 m] or less, remove the pile concrete to the cut -off elevation and leave the dowels in place to be incorporated into the cap as directed by the Engineer. The Contractor may cut the length of dowels which becomes exposed to a length of48 inches [1,220 mm] from the plane of pile - splice. These requirements are not applicable to specially designed piling. Make splices for special pile designs as shown in the plans. 455 -7.7.2 Extensions to be Driven or Those 21 feet [6.4 m] or Longer: Construct extensions to be driven or extensions 21 feet [6.4 m] or longer in length in accordance with the details shown in the plans and in a manner including the requirements, sequences, and procedures outlined below: (a) Cast a splice section in accordance with Section 450 with the dowel steel in the correct position and alignment. (b) Drill dowel holes using an approved steel template that will position and align the drill bit during drilling. Drill holes a minimum of 2 inches [50 mm] deeper than the length of the dowel to be inserted. (c) Clean the drilled dowel holes by inserting a high pressure air hose to the bottom of the hole and blowing the hole clean from the bottom upward. Eliminate any oil, dust, water, and other deleterious materials from the holes and the concrete surfaces to be joined. (d) Mix the adhesive components in accordance with the manufacturer's directions. Do not mix sand or any other filler material with the epoxy components unless it is prepackaged by the manufacturer for this specific purpose. Use adhesives meeting the requirements of Section 416. (e) After ensuring that all concrete surfaces are dry, fill the dowel holes with the adhesive material. (f) Place forms around joints between the pile sections. (g) Insert the dowels of the spliced section into the adhesive filled holes of the bottom section and position the spliced section so that the axes of the two sections are in concentric alignment and the ends of the abutting sections are spaced 1/2 inch [ 15 mm] apart. The Contractor may use small steel spacers of the required thickness provided they have 3 inches [75 mm] or more of cover after completing the splice. Fill the space between the abutting sections completely with the adhesive. (h) Secure the spliced sections in alignment until the adhesive is cured in accordance with the manufacturer's directions for the time appropriate with the prevailing ambient temperatures. Do not utilize the crane to secure the pile extension during the adhesive cure time. Utilize alignment braces to maintain the proper pile alignment during the epoxy cure time. (i) After curing is completed, remove alignment braces and forms and clean and dress the spliced area to match the pile dimensions. 455 -7.7.3 Precast Reinforced Build -ups: Construct Precast Reinforced Build -ups in accordance with the requirements of this Subarticle, Section 346, and Section 400. Provide the same material for the form surfaces for precast build -ups as was used to form the prestressed piles. Use concrete of the same mix as used in the prestressed pile and dimension the cross - section the same as piling being built up. Install build -ups as specified in 455- 7.7.2(b) through 455- 7.7.2(i) -. Apply to the build -ups the same surface treatment or sealant applied to the J -SS -114 2 -26 -03 16B7'; prestressed piles. The Department will make payment for authorized build -ups at the respective Contract unit prices per foot [meter] for Prestressed Concrete Piling. 455 -7.8 Pre - Planned Splices: When the contractor elects to use piles which are spliced together to obtain the authorized production length, splices shall be made by the doweled splice method contained in the plans or may be made using proprietary splices which are listed on the Department's QPL. Splice test piles in the same manner as the production piles. Include in the pile installation plan, the chosen method of splicing and the approximate locations of the splice. Generally, place the splice at approximately the midpoint between the estimated pile tip and the ground surface, considering scour if applicable. Stagger the splice location between adjacent piles by a minimum of 10 feet [3 meters]. Obtain the Engineer's approval prior to constructing any pile sections. Construct piles which are to be spliced using the doweled splice with _. preformed dowel holes in the bottom section and embedded dowels in the upper section. Provide splices constructed using doweled splice shown in the plans or a mechanical pile splice, listed on the Department's QPL. Mechanical pile splices shall be capable of developing the following capacities in the pile section unless shown otherwise in the plans and capable of being installed without damage to the pile or splice: a) Compressive strength = (Pile Cross sectional area) x (28 day concrete strength) b) Tensile Strength = (Pile Cross sectional area) x 900 psi [6.21 MPa] Non SI Units Pile Size (inches) Bending Strength (kip-feet) 18 245 0 325 24 Poo 30 P50 SI Units Pile Size (mm) Bending Strength (KN -m) 55 330 510 440 10 815 760 11,290 455 -7.9 Pile Cut -offs: After the completion of driving, cut piles off which extend above the cut -off elevation with an abrasive saw. Make the cut the depth necessary to cleanly cut through the prestressed strands. Take ownership and dispose of cut -off sections not used elsewhere as allowed by this Section. 455 -8 Steel Piling. 455 -8.1 Description: Furnish, splice, drive, and cut off structural steel shapes to form bearing piles. Include in this work the installation of bracing members of structural steel by bolting or welding, construction of splices and the filling of pipe piles with the specified �. materials. 455 -8.2 Material: For the material in rolled steel piles, pile bracing, scabs, wedges, and splices, meet the requirements for structural steel as specified in 962 -2, Miscellaneous Steel. 455 -8.3 Pile Splices: Order and use the full authorized pile length where practicable. Do not splice to obtain authorized lengths less than 40 feet [12 m] except when shown in the plans. J -SS -115 2 -26 -03 1667'! When approved by the Engineer, perform splicing to obtain authorized lengths between 40 and 60 feet [12 and 18 m]. The Engineer will permit splicing to obtain authorized lengths in excess of 60 feet [18 m]. Where the pile length authorized is not sufficient to obtain the required bearing value or penetration, order an additional length of pile and splice it to the original length. Make all splices in accordance with the plan details. Payment for pile splicing will be limited as specified in 455 -11.8. 455 -8.4 Welding: Make all welded connections to steel piles by electric arc welding, in accordance with details shown in the plans and in compliance with the requirements of 460 -6, except 460 -6 (1) and 460 -6 (2). Only visual inspection methods will be used to inspect pile welds. 455 -8.5 Pile Heads and Tips: Cut off all piles at the elevation shown in the plans. If using a cutting torch, make the surface as smooth as practical. Where foundation material is so dense that the Contractor cannot drive the pile to the required penetration and firmly seat it without danger of crumpling the tip, reinforce the tips with approved cast steel point protectors as shown in the plans or required by the Engineer. Construct point protectors in one piece of cast steel meeting the requirements of ASTM A 27, Grade 65 -35 [ASTM A 27M, Grade 450 -240] heat treated to provide full bearing for the piles. Attach points by welding according to the recommendations of the manufacturer. 455 -8.6 Pile Bent Bracing Members: Place structural steel sway and cross bracing, and all other steel tie bracing, on steel pile bents and bolt or weld in place as indicated in the plans. Where piles are not driven into position in exact alignment as shown in the plans, the Engineer may require the use of fills and shims between the bracing and the flanges of the pile. Furnish and place all fills and shims required to square and line up faces of flanges for cross bracing at no additional expense to the Department. 455 -8.7 Painting: Paint exposed parts of steel piling, wedging, bracing, and splices in accordance with the provisions for painting structural steel as specified in Section 561, except as might be otherwise specified in the plans. 455 -8.8 Storage and Handling: While handling or transporting the piles from the point of origin and into the leads, store and handle in the manner necessary to avoid damage due to bending stresses. In general, lift steel piles by means of a suitable bridge or a sling attached to the pile at appropriate points to prevent damage. Lift the pile from the horizontal position in a manner that will prevent damage due to bending of the flanges and/or web. 455 -8.9 Filling Pipe Piles: When required by the plans, fill pipe piles with the specified materials. Use clean concrete sands and concrete meeting the requirements of Section 346. Place concrete in pipes containing water using methods in accordance with 455 -15.9 with modified tremie and pump line sizes. Concrete may be placed directly into pipes which are dry. Construct and place reinforcement cages in accordance with 455 -16. Reinforcement cages may be installed before concrete placement or after concrete placement is completed if proper alignment and position is obtainable. 455 -9 Sheet Piling. 455 -9.1 Description: Leave permanent piling in place as part of the finished work and generally remove temporary piling after each construction phase. 455 -9.2 Materials: Meet the following requirements: Concrete with Air Entrainment Section 346 Bar Reinforcement Section 931 Prestressing Reinforcement Section 933 J -SS -116 2 -26 -03 Steel Sheet Piles Section 962* * For temporary steel sheet piles meet the requirements specified in the plans. 455 -9.3 Steel Sheet Piling: Drive steel sheet piling and cut off true to line and grade. Install steel sheet piling with a suitable hammer. Remove and replace any section damaged during handling and installation at no additional expense to the Department. 455 -9.3.1 Method of Installation: Where rock or strong material is encountered such that the sheet piles cannot be set to grade by driving, remove the strong material by other acceptable means, such as excavation and backfilling or by punching. When the plans do not - indicate the existence of rock or strong material, work of removing or punching the strong material or rock will be paid for as Unforeseeable Work. 455 -9.4 Concrete Sheet Piling: - 455 -9.4.1 Description: Ensure that Concrete Sheet Piling is of prestressed concrete construction and manufactured, cured, and driven in accordance with the requirements of the Contract Documents. Use these piles in bulkheads and abutments and at other locations as shown in the plans. 455 -9.4.2 Manufacture of Piles: Ensure that the piles are fabricated in accordance with Section 450. 455 -9.4.3 Method of Installation: Jet concrete sheet piling to grade where practical. The Engineer will require a minimum of two jets. Provide water at the nozzles of sufficient volume and pressure to freely erode material adjacent to the piles. Where encountering rock or strong material, such that the sheet piles cannot be set to grade by jetting, remove the strong materials by other acceptable means, such as excavation and backfilling or by punching with a suitable punch. When the plans do not indicate the existence of rock or strong material and the piles cannot be set by jetting, the Department will pay for the work of removing or punching the strong material or rock as Unforeseeable Work. _. 455 -9.4.4 Grouting and Caulking: Concrete sheet piles are generally detailed to have tongues and grooves on their lower ends, and double grooves on their upper ends. Where so detailed, after installation, clean the grooves of all sand, mud, or debris, and fully grout the grooves. Use approved plastic bags (sheaths) which will meet the shape and length of the groove to be grouted to contain the plastic grout within the double grooves. Provide grout composed of one part cement and two parts sand. The Contractor may use clean local sand or beach sand in this grout. In lieu of sand - cement grout, the Contractor may use Class I concrete, using small gravel or crushed stone coarse aggregate. Deposit the grout through a grout pipe placed within a watertight plastic sheath (bag) extending the full depth of the double grooves and which, when filled, completely fills the slot formed by the double grooves. 455 -9.5 Storage and Handling: Handle and store all sheet piles in a manner to prevent damage. Handle long sheet piles with fabric slings or braided wire rope constructed of six or more wire ropes placed at appropriate lift points to prevent damage due to excessive bending. 455 -10 Pile Installation Plan. _ At the preconstruction conference, or no later than 30 days prior to driving the first pile, submit a pile installation plan for review by the Engineer. Provide in this plan detailed _• information, including the following: 1. List and size of proposed equipment including cranes, barges, driving equipment, jetting equipment, compressors, and preformed pile hole equipment. Include . manufacturer's data sheets on hammers, cranes, and compressors. 2. Department's Form Number 700 - 020 -01 -A and further described as follows: J -SS -117 2 -26 -03 f 16B7' (a) Manufacturer's specification data of the proposed hammer, including all modifications. These data include element weights, including ram weight, anvil weight, and helmet weight, rated energy, and the inside dimensions of the capblock and pile helmet assemblies. (b) Complete description and dimensions, including thickness of the material in the capblock. (c) Complete description and dimensions, including thickness of all the cushion material for use between the pile and hammer. (d) Other requested pertinent information from the equipment manufacturer, cushion material suppliers, or other suitable sources necessary for input in the Wave Equation program. 3. Methods to determine hammer energy in the field for determination of pile capacity. Include in the submittal necessary charts and recent calibrations for any pressure measuring equipment. 4. Detailed drawings of any proposed followers. 5. Detailed drawings of templates. 6. Details of proposed load test equipment and procedures, including recent calibrations of jacks and required load cells. 7. Sequence of driving of piles for each different configuration of pile layout. 8. Proposed schedule for test pile program and production pile driving. 9. Details of proposed features and procedures for protection of existing structures. 10. Required shop drawings for piles, cofferdams, etc. 11. Methods and equipment proposed to prevent displacement of piles during placement and compaction of fill within 15 feet [4.5 m] of the piles. 12. Methods to prevent deflection of battered piles due to their own weight and to maintain their as -driven position until casting of the pile cap is complete. 13. Proposed pile splice locations and details of any proprietary splices anticipated to be used. 14. Other information shown in the plans or required by the Engineer. The Engineer will evaluate the pile installation plan for conformance with the Contract Documents requirements. Within 20 days after receipt of the plan, the Engineer will notify the Contractor of any additional information required and/or changes that may be necessary in the opinion of the Engineer to meet the Contract Documents requirements. The Engineer will reject any parts of the plan that are unacceptable. Resubmit changes agreed upon for reevaluation. The Engineer will notify the Contractor within seven days after receipt of proposed changes of their acceptance or rejection. All equipment and procedures shall be subject to satisfactory field performance. Make any required changes that may result from unsatisfactory field performance. The Engineer will give final acceptance after the Contractor makes necessary modifications. Make no changes in the driving system after final review without the further consultation with the Engineer. Acceptance by the Engineer does not relieve the Contractor of the responsibility to perform the work in accordance with the Contract Documents. The Installation Plan is for the Contractor to explain the approach to the work and allow the Engineer an opportunity to comment of the equipment and procedures chosen before field operations begin. The Engineers acceptance is not a guarantee that the chosen methods and equipment are capable of obtaining the required results, this responsibility lies with the Contractor. 455 -11 Method of Measurement (All Piling). J -SS -118 2 -26 -03 1687 � 455 -11.1 Treated Timber Piling: The quantity to be paid for will be the length, in feet [meters], furnished, placed, and accepted according to the authorized lengths list, including any additions and excluding any deletions thereto, as approved by the Engineer. 455 -11.2 Prestressed Concrete Piling: 455- 11.2.1 General: The quantity to be paid for will be the length, in feet [meters], of Prestressed Concrete Piling furnished, driven and accepted according to the authorized lengths list, including any additions and excluding any deletions thereto, as approved by the Engineer. 455- 11.2.2 Furnished Length: The furnished length of precast concrete piles will be considered as the overall length from head to tip. Final pay length will be based on the casting length as authorized in accordance with 455 - 5.14.3 subject to provisions of 455- 11.2.3 through 455- 11.2.12, 455 -11.8 and 455 -11.9. 455- 11.2.3 Build -ups: The lengths of pile build -ups authorized by the Engineer, measured from the plane of cutback or the joint between the sections, to head of build -up, will be included in the quantities of Piling. 455- 11.2.4 Piles Requiring Cut -offs: No deduction from the length, in feet [meters], of Piling will be made if cut -offs are required after the pile has been driven to satisfactory bearing. 455- 11.2.5 Piles Driven Below Cut -off Elevation: Where a pile is driven below cut -off elevation and satisfactory bearing is obtained so that no further driving is required, the length of pile driven will be measured from cut -off elevation to tip of the pile. 455- 11.2.6 Driving of Splice: If a pile is driven below cut -off and satisfactory bearing is not obtained, and additional driving is required after construction of a satisfactory splice, an additional 10 feet [3.0 m] of piling will be paid for the additional driving. This compensation for driving of splice, however, will not be allowed for test piles that are spliced and redriven. 455- 11.2.7 Replacing Piles: In the event a pile is broken or otherwise damaged to the extent that the damage is irreparable, in the opinion of the Engineer, the Contractor shall extract and replace the pile at no additional expense to the Department. In the event that a pile is mislocated by the Contractor, the Contractor shall extract and replace the pile at no expense to the Department except when a design change proposed by the Contractor is approved by the Department as provided in 455 - 5.15.5. In the event that a pile is driven below cut -off without obtaining the required bearing, and the Engineer elects to have the pile pulled and a longer pile substituted, it will be paid for as Unforeseeable Work. In the event a pile is damaged or mislocated, and the damage or mislocation is determined to be the Department's responsibility, the Engineer may elect to have the pile extracted, and it will be paid for as Unforeseeable Work. If the extracted w pile is undamaged and driven elsewhere the pile will be paid for at 30% of the Contract unit price for Piling. When the Department determines that it is responsible for damaged or mislocated pile, and a replacement pile is required, compensation will be made under the item for Piling, for both the original pile and replacement pile. The Contractor may substitute a longer pile in lieu of splicing and building -up a pile. In this event, the Contractor will be paid for the original authorized length of the pile, plus any additional length furnished by the Contractor up to the authorized length of the build -up, as Piling. No payment will be made for extracting the original pile furnished or will any payment be made for a pile splice. 455- 11.2.8 Underwater Driving: When the Contractor selects one of the optional underwater driving methods, payment will be made by selecting the applicable method from the following: J -SS -119 2 -26 -03 1687 (a) Using a pile longer than the authorized length: Payment for piling will be made only for the authorized length at that location unless the length of pile from cut -off elevation to the final tip elevation is greater than the authorized length, in which case payment for piling will be made from cut -off elevation to final tip elevation. No payment will be made for pile splice, when this option is selected, unless the pile is physically spliced and the splice is driven below cut -off elevation to achieve bearing. When making and driving a pile splice below cut -off elevation to achieve bearing, the length to be paid for piling will be the length between cut -off elevation and final pile tip elevation -. (b) Using an underwater hammer: Payment for piling and pile splices will be in accordance with 455- 11.2.1 through 455- 11.2.7 and 455- 11.2.10. The Contractor shall furnish additional lengths required to provide the full length confirmation pile at no expense to the Department. Payment for piling for the full length confirmation pile will be the authorized length of the pile, unless the length driven below cut -off elevation is greater than the authorized length, in which case the length to be paid for will be the length between cut -off elevation and the final tip elevation. Splices in confirmation piles will be paid for only when the splice is driven below cut -off elevation. (c) Using a pile follower: When a pile follower is used with a conventional pile driving system, the method of payment will be the same as shown above in 455- 11.2.10(b). 455- 11.2.9 Set- Checks/Test Piles: As described in 455 - 5.12.1, there will be no separate payment for the initial four set - checks performed within 72 hours of initial driving. For each additional set -check performed within 72 hours of initial driving, an additional quantity of 10 feet [3.0 m] piling will be paid. 455- 11.2.10 Set- Check/Production Piles: As described in 455- 5.10.4(a), there will be no separate payment for one initial set - check. For each additional set -check performed within 72 hours from the end of initial driving, an additional quantity of 10 feet [3.0 m] of piling will be paid. 455 -11.3 Steel Piling: 455- 11.3.1 General: The quantity to be paid for will be the length, in feet [meters], of Steel Piling furnished, spliced, driven and accepted, up to the authorized length, including any additions and excluding any deletions thereto as approved by the Engineer. 455- 11.3.2 Point Protectors: The quantity to be paid for will be each for the total of point protectors authorized, furnished, and properly installed. 455 -11.4 Test Piles: The quantity to be paid for of test piles of various types, will be the length, in feet [meters], of Test Piling furnished, driven and accepted, according to the authorized length list, and any additions or deletions thereof as approved by the Engineer. Where a test pile is left in place as a permanent pile, it will be paid for only as Test Piles. Any extensions necessary to continue driving the pile for test purposes, as authorized by the Engineer, will be paid for as Test Piles. Other build -ups made only to incorporate the pile into the structure as a permanent pile will be included in the quantities of regular Piling and will not be paid for as Test Piling. 455 -11.5 Dynamic Load Tests: The quantity to be paid for will be the number of dynamic load tests as shown in the plans or authorized by the Engineer, actually applied to piles, completed and accepted in accordance with the Contract Documents. Dynamic load tests may be applied to test piles and/or production piles. No separate payment will be made for dynamic load tests used to evaluate the Contractor's driving equipment. This will generally be done on the first test pile or production pile driven on a project with each combination of proposed hammer and pile size and/or a J -SS -120 2 -26 -03 16B7 t separate pile to evaluate any proposed followers, or piles driven to evaluate proposed changes in the driving system. The price for Dynamic Load Tests will include all costs related to dynamic testing as described in 455 -5.13 including the initial instrumented drive, up to two set - checks, and two additional instrumented set - checks within 72 hours after the initial driving of a dynamic load test pile. In the event the Engineer requires an instrumented redrive of a pile previously instrumented more than 72 hours after initial driving, it will be paid for at 1/2 the bid price for a Dynamic Load Test. 455 -11.6 Steel Sheet Piling: The quantity to be paid for will be the plan quantity area, in square feet [square meters], measured from top of pile elevation to the bottom of pile elevation and longitudinally along the top of the sheet piles as shown in the plans. Sheet piling used in cofferdams and to incorporate the Contractor's specific means and methods, and not ordered by the Engineer, will be paid for as required in Section 125. 455 -11.7 Concrete Sheet Piling: The quantity to be paid for will be the product of the number of such piles satisfactorily completed, in place, times their lengths in feet [meters] as shown in the plans or authorized by the Engineer. This quantity will be based upon piles 2 1/2 feet [0.75 m] wide. When the Engineer approves, the Contractor may furnish the concrete sheet piling in widths wider than shown in the plans; then the number of piles shall be the actual number of -_ units completed times the width used divided by the width in the plans. 455 -11.8 Pile Splices: Authorized splices in concrete piling, steel piling and test piling, which are made for the purpose of obtaining greater lengths than originally authorized by the Engineer, or to incorporate test piling in the finished structure, or for further driving of test piling, will be paid for as described in 455- 12.12. No separate payment will be made for splices required to obtain the authorized length. For concrete piles, where the head of the pile to be spliced is not more than 2 feet [0.6 m] below the elevation of cut -off, the Contractor, if he so elects, may cast the pile build -up with the cap, under the following conditions: (a) Reinforcing steel and pile dimensions will conform in every respect to a standard splice. (b) Reinforcing steel used for the build -up will be paid for as an overrun in the Contract quantity for substructure reinforcing steel. (c) Concrete used for the build -up will be paid for as an overrun in the Contract quantity for substructure concrete. - (d) 9 feet [2.7 m] of piling, will be paid for as compensation for drilling and grouting the dowels and all other costs for which provision has not otherwise been made. (e) No payment for the build -up will be made under the item for Piling. 455 -11.9 Pile Redrive: The quantity to be paid for will be the number of redrives, each, authorized by the Engineer. Pile Redrive is defined in 455- 5.10.4(b). Payment for any pile _. redrive ordered by the Engineer will consist of 20 feet [6.0 m] of additional piling. The size of the pile redriven will be the same size as the furnished item for payment. Pile Redrive will be paid under any of the following conditions: (a) When the Engineer directs the Contractor to redrive a pile to determine its capacity as described in 455 - 5.10.4. (b) When the Engineer orders the Contractor to redrive piles to reestablish - their capacity as the result of pile heave as described in 455 - 5.10.5. 455 -11.10 Pile Extraction: Piles authorized to be extracted by the Engineer and successfully extracted as provided in 455- 11.2.9 will be paid for as Unforeseeable Work. No J -SS -121 2 -26 -a3 1607 '1 payment for extraction will be made for piles shown in the plans to be extracted or piling damaged or mislocated by the Contractor that are ordered to be extracted by the Engineer. 455 -11.11 Protection of Existing Structures: The quantity to be paid for will be at the Contract lump sum price. When the Contract Documents do not include an item for protection of existing structures, the cost of settlement monitoring as required by these Specifications will be included in the cost of the piling items; however, work in addition to settlement monitoring will be paid for as Unforeseeable Work when such additional work is ordered by the Engineer. 455 -11.12 Static Load Tests: The quantity to be paid for will be the number of static load tests of the designated tonnages, each, as shown in the plans or authorized by the Engineer, actually applied to piles, completed and accepted in accordance with the plans and these Specifications. 455 -11.13 Preformed Pile Holes: The quantity to be paid for will be the length in feet (meters) of completed Preformed Pile Holes acceptably provided, complete for the installation of the bearing piles, regardless of the type of pile installed therein. Only those holes authorized to be paid for, as provided in 455 - 5.9.3, will be included in the measurement for payment. The Engineer will authorize payment for Preformed Pile Holes only when the pile has been placed in proper position and has achieved the required penetration. 455 -12 Basis of Payment (All Piling). 455 -12.1 Treated Timber Piling: Price and payment will be full compensation for furnishing all materials, including collars, metal shoes, copper cover sheets, preservatives and tar, and for wrapping pile clusters with wire cable, where so shown in the plans. 455 -12.2 Prestressed Concrete Piling: Price and payment will be full compensation for the cost of furnishing and placing all reinforcing steel, predrilled holes, furnishing the material for and wrapping pile clusters with wire cable where so shown in the plans and grouting of preformed pile holes when shown in the plans. Payment will be made in two increments: 70% of the unit price for Prestressed Concrete Piling for each foot (meter) fabricated and accepted as stockpiled materials, and 30% of the unit price for Prestressed Concrete Piling for the entire authorized length upon completion of driving. - 455 -12.3 Steel Piling: Price and payment will be full compensation for all labor, equipment, and materials required for furnishing and installing Steel Piling, including welding and painting as specified and the cost of predrilling pile holes described in 455 - 5.1.1. The cost of any sand or concrete fill and reinforcing steel in pipe piles will be included in the price for Steel Piling. Payment will be made in two increments: 70% of the unit price for Steel Piling for each foot (meter) fabricated and accepted as stockpiled materials, and 30% of the unit price for Steel Piling for the entire authorized length upon completion of driving. Bracing and other metal parts attached to or forming a part of piling or bracing and not otherwise classified, will be measured and paid for as provided in Section 460. 455 -12.4 Test Piles: Price and payment will be full compensation for all incidentals necessary to complete all the work of this item except splices, build -ups, pile extractions and preformed pile holes authorized by the Engineer and paid for under other pay items or payment methods. The cost of all additional work not listed above necessary to ensure required penetration and attain required bearing of the test piles will be included in the price bid per foot [meter] of Test Pile, including driving and all other related costs. Payment will be made in two increments: 70% of the unit price for Test Piles for each foot (meter) fabricated and accepted as stockpiled materials, and 30% of the unit price for Test Piles for the entire authorized length upon completion of driving. J -SS -122 2 -26 -03 ell B 7 - 455 -12.5 Dynamic Load Tests: Price and payment will be full compensation for all labor, equipment, and materials required to perform this work. 455 -12.6 Steel Sheet Piling: Price and payment will be full compensation for all labor, equipment, and materials required for furnishing and installing steel sheet piling including preformed holes, but will not include furnishing and placing anchors when an anchored wall system, temporary or permanent, is designed and detailed in the plans. In such cases, furnishing and installing anchors will be paid for separately. For installations designed by the Contractor, the cost of furnishing and installing anchors will be incidental to the cost of steel sheet piling. For -° temporary installations, removal of the sheet piling, anchors, and incidentals will be included in the cost per square foot [square meter] for Steel Sheet Piling (Temporary). 455 -12.7 Concrete Sheet Piling: Price and payment will be full compensation for furnishing all materials, including reinforcing steel, grouting, preformed holes and installation. 455 -12.8 Preformed Pile Holes: There will be no separate pay item for Preformed Pile Holes. Payment will be made as 30% of the unit price for Piling of the applicable pile type for each linear foot (meter) of hole which is preformed when authorized by the Engineer. Price and payment will be full compensation for all labor, equipment, and materials required to perform this work. 455 -12.9 Protection of Existing Structures: Price and payment will be full compensation for all labor, equipment, and materials required to perform this work. 455 -12.10 Point Protectors: Price and payment will be full compensation for all labor, equipment, and materials required to perform this work. 455 -12.11 Static Load Tests: Price and payment will be full compensation for all labor, equipment, and materials required to perform this work. 455 -12.12 Pile Splices: The quantity of this item will be determined as provided in 455- 11.8. Payment for each Steel Pile Splice authorized by the Engineer will be made as 20 feet [6 m] of additional steel piling. Payment for each Concrete Pile Splice authorized by the Engineer will be made as 30 feet [9 m] of additional prestressed concrete piling. 455 -12.13 Prestressed Concrete Pile Cut -Off: There will be no separate pay item for pile cut -off. Payment for each cut -off will be made as 5 feet [1.5 m] of additional piling furnished. 455 -12.14 Payment Items: Payment will be made under: Item No. 455- 2- Treated Timber Piling - per foot. Item No. 2455- 2- Treated Timber Piling - per meter. Item No. 455- 14- Concrete Sheet Piling - per foot. Item No. 2455- 14- Concrete Sheet Piling - per meter. Item No. 455- 18- Protection of Existing Structures - lump sum. Item No. 2455- 18- Protection of Existing Structures - lump sum. Item No. 455- 34- Prestressed Concrete Piling — per foot. Item No. 2455- 34- Prestressed Concrete Piling — per meter. Item No. 455- 35- Steel Piling — per foot. Item No. 2455- 35- Steel Piling — per meter. Item No. 455 -119- Test Loads- each. Item No. 2455 -119- Test Loads- each. Item No. 455 -120- Point Protection - each. Item No. 2455 -120- Point Protection - each. Item No. 455 -133- Steel Sheet Piling - per square foot. Item No. 2455 -133- Steel Sheet Piling - per square meter. Item No. 455 -137- Dynamic Load Tests - each. Item No. 2455 -137- Dynamic Load Tests - each. J -SS -123 2 -26 -03 1667' Item No. 455 -143- Test Piles (Prestressed Concrete) — per foot. Item No. 2455 -143- Test Piles (Prestressed Concrete) — per meter. Item No. 455 -144- Test Piles (Steel) — per foot. Item No. 2455 -144- Test Piles (Steel) — per meter. C. DRILLED SHAFTS 455 -13 Description. Construct drilled shaft foundations consisting of reinforced, or unreinforced when indicated in the plans, concrete drilled shafts with or without bell footings. 455 -14 Materials. 455 -14.1 Concrete: For all concrete materials, meet the requirements of Section 346. Use concrete that is specified in the plans. 455 -14.2 Reinforcing Steel: Meet the reinforcing steel requirements of Section 415. Ensure that reinforcing steel is in accordance with the sizes, spacing, dimensions, and the details shown in the plans. 455 -15 Construction Methods and Equipment. 455 -15.1 General Requirements: 455- 15.1.1 Templates: Provide a fixed template, adequate to maintain shaft position and alignment during all excavation and concreting operations, when drilling from a barge. Do not use floating templates (attached to a barge). The Engineer will not require a template for shafts drilled on land provided the Contractor demonstrates satisfactorily to the Engineer that shaft position and alignment can be properly maintained. The Engineer will require a fixed template, adequate to maintain shaft position and alignment during all excavation and concreting operations, for shafts drilled on land when the Contractor fails to demonstrate satisfactorily that he can properly maintain shaft position and alignment without use of a template. 455- 15.1.2 Drilled Shaft Installation Plan: At the preconstruction conference or no later than 30 days before beginning drilled shaft construction, submit a drilled shaft installation plan for review by the Engineer. Include in this plan the following details: 1. Name and experience record of drilled shaft superintendent or foreman in responsible charge of drilled shaft operations. Ensure that the person in responsible charge of day to day drilled shaft operations has prior experience constructing shafts similar to those described in the Contract Documents. Final approval by the Engineer will be subject to performance in the field. 2. List and size of proposed equipment, including cranes, drills, augers, bailing buckets, final cleaning equipment, desanding equipment, slurry pumps, core sampling equipment, tremies or concrete pumps, casings, etc. 3. Details of sequence of construction operations and sequence of shaft construction in bents or shaft groups. 4. Details of shaft excavation methods and drilling log procedures. 5. Details of slurry, including proposed methods to mix, circulate, desand, test methods, and proposed testing laboratory to document test results. 6. Details of proposed methods to clean shaft after initial excavation. 7. Details of shaft reinforcement, including methods to ensure centering/required cover, cage integrity during placement, placement procedures, cage support, and tie downs. J -S S -124 2 -26 -03 1637 4 8. Details of concrete placement, including elapsed concrete placement times and proposed operational procedures for concrete tremie or pump, including initial placement, raising during placement, and overfilling of the shaft concrete. Provide provisions to ensure proper final shaft cutoff elevation. 9. Details of casing removal when removal is required, including minimum concrete head in casing during removal. 10. Required submittals, including shop drawing and concrete design mixes. 11. Details of any required load tests, including equipment and procedures, and recent calibrations for any jacks or load cells. 12. Methods and equipment proposed to prevent displacement of casing -- and/or shafts during placement and compaction of fill. 13. Details of environmental control procedures used to prevent loss of slurry or concrete into waterways or other protected areas. - 14 Proposed schedule for test shaft installation, load tests and production shaft installation. 15. Other information shown in the plans or requested by the Engineer. The Engineer will evaluate the drilled shaft installation plan for conformance with the Contract Documents. Within 20 days after receipt of the plan, the Engineer will notify the Contractor of any additional information required and/or changes that may be necessary in the opinion of the Engineer to satisfy the Contract Documents. The Engineer will reject any part of the plan that is unacceptable. Submit changes agreed upon for reevaluation. The Engineer will notify the Contractor within seven days after receipt of proposed changes of their acceptance or rejection. All equipment and procedures are subject to trial and satisfactory performance in the field. Acceptance by the Engineer does not relieve the Contractor of the responsibility to perform the work in accordance with the Contract Documents. The Installation Plan is for the Contractor to explain the approach to the work and allow the Engineer an opportunity to comment of the equipment and procedures chosen before field operations begin. The Engineers acceptance is not a guarantee that the chosen methods and equipment are capable of obtaining the required results, this responsibility lies with the Contractor. 455- 15.1.3 General Methods & Equipment: Perform the excavations required for the shafts and bell footings, through whatever materials encountered, to the dimensions and elevations shown in the Contract Documents, using methods and equipment suitable for the intended purpose and the materials encountered. Provide equipment capable of constructing shafts supporting bridges to a depth equal to the deepest shaft shown in the plans plus 15 foot [4.5 m] or plus three times the shaft diameter, whichever is greater, except when the plans require equipment capable of constructing shafts to a deeper depth. Provide equipment capable of constructing shafts supporting non -bridge structures, including mast arms, signals, signs and light supports to a depth equal to the deepest shaft shown in the plans plus 5 feet [1.5 m]. Construct drilled shafts according to the Contract Documents using generally either the dry method, wet method, casing method, or permanent casing method as necessary to produce sound, durable concrete foundation shafts free of defects. Use the permanent casing method only when required by the plans or authorized by the Engineer. When the plans describe a particular method of construction, use this method except when permitted _. otherwise by the Engineer after field trial. When the plans do not describe a particular method, propose a method on the basis of its suitability to the site conditions and submit it for approval by the Engineer. J -SS -125 2 -26 -03 1667 A Set a suitable temporary removable surface casing. The minimum surface casing length is the length required to prevent caving of the surface soils and to aid in maintaining shaft position and alignment. The Engineer may require predrilling with slurry and/or overreaming to the outside diameter of the casing to install the surface casing at some sites. 455 -15.2 Dry Construction Method: Use the dry construction method only at sites where the ground water table and soil conditions, generally stiff to hard clays or rock above the water table, make it feasible to construct the shaft in a relatively dry excavation and where the sides and bottom of the shaft are stable and may be visually inspected by the Engineer prior to placing the concrete. In applying the dry construction method, drill the shaft excavation, remove accumulated seepage water and loose material from the excavation and place the shaft concrete in a relatively dry excavation. Use the dry construction method only when shaft excavations, as demonstrated in a test hole, have 12 inches [300 mm] or less of seepage water accumulated over a four hour period, the sides and bottom remain stable without detrimental caving, sloughing, or swelling for a four hour period, and the loose material and water can be satisfactorily removed prior to inspection and prior to placing concrete. Use the wet construction method or the casing construction method for shafts that do not meet the requirements for the dry construction method. Provide temporary surface casings to aid shaft alignment and position and to prevent sloughing unless the Engineer determines by demonstration that the surface casing is not required. 455 -15.3 Wet Construction Method: Use the wet construction method at all sites where it is impractical to provide a dry excavation for placement of the shaft concrete. The wet construction method consists of drilling the shaft excavation below the water table, keeping the shaft filled with fluid (mineral slurry, natural slurry or water), desanding and cleaning the mineral slurry and final cleaning of the excavation by means of a bailing bucket, air lift, submersible pump or other approved devices and placing the shaft concrete (with a tremie or concrete pump extending to the shaft bottom) which displaces the water or slurry during concreting of the shaft excavation. Provide temporary surface casings to aid shaft alignment and position and to prevent sloughing of the top of the shaft except when the Engineer declares that the surface casing is not required. Where drilled shafts are located in open water areas, construct the shafts by the wet method using exterior casings extending from above the water elevation into the ground to protect the shaft concrete from water action during placement and curing of the concrete. Install the exterior casing in a manner that will produce a positive seal at the bottom of the casing so that there is no intrusion or extrusion of water or other materials into or from the shaft excavation. Expandable or split casings that are removable are not permitted for use below the water surface. 455 -15.4 Casing Construction Method: Use the casing method at all sites where it is inappropriate to use the dry or wet construction methods without the use of temporary casings other than surface casings. In this method, the hole is advanced through caving material by the wet method as described above. When a formation is reached that is nearly impervious, place a casing in the hole and seal in the nearly impervious formation. Proceed with drilling as with the dry method to the projected depth. Proceed with the placement of the concrete as with the dry method except withdraw the casing after placing the concrete. In the event seepage conditions J -S S -126 2 -26 -03 prevent use of the dry method, complete the excavation and concrete placement using wet methods. Where drilling through materials having a tendency to cave, advance the excavation by drilling in a mineral slurry. In the event that a caving layer or layers are encountered that cannot be controlled by slurry, install temporary removable casing through such caving layer or layers. The Engineer may require overreaming to the outside diameter of the casing. Take whatever steps are required to prevent caving during shaft excavation including installation of deeper casings. If electing to remove a casing and replace it with a longer casing through caving soils, adequately stabilize the excavation with slurry or backfill the excavation. The Contractor may use soil previously excavated or soil from the site if backfilling the excavation. The Contractor may use other approved methods which will control the size of the - excavation and protect the integrity of the foundation soils to excavate through caving layers. Before withdrawing the casing, ensure that the level of fresh concrete is at such a level that the fluid trapped behind the casing is displaced upward. As the casing is withdrawn, - maintain the level of concrete within the casing so that fluid trapped behind the casing is displaced upward out of the shaft excavation without mixing with or displacing the shaft concrete. The Contractor may use the casing method, when approved by the Engineer, to construct shafts through weak caving soils that do not contribute significant shaft shear resistance. In this case, place a temporary casing through the weak caving soils before beginning w excavation. Conduct excavation using the dry construction method where appropriate for site conditions and the wet construction method where the dry construction method is not appropriate. Withdraw the temporary casing during the concreting operations unless the Engineer approves otherwise. 455 -15.5 Permanent Casing Method: Use the permanent casing method when required by the plans. In this method, place a casing to the prescribed depth before beginning excavation. If the Contractor cannot attain full penetration, the Engineer may direct the Contractor to excavate through the casing and advance the casing until reaching the desired penetration. In some cases the Engineer may require the Contractor to overream the outside diameter of the casing before placing the casing. Cut the casing off at the prescribed elevation upon reaching the proper - construction sequence and leave the remainder of the casing in place. 455 -15.6 Excavations: The Contractor may extend drilled shaft excavations deeper by extra depth excavation when the Engineer determines that the material encountered while drilling the shaft excavation is unsuitable and/or is not the same as anticipated in the design of the drilled shaft. Take cores when shown in the plans or directed by the Engineer to determine the character of the material directly below the shaft excavation. Cut the cores with an approved core barrel to a minimum depth of 5 feet [1.5 m] below the bottom of the drilled shaft excavation when completing the shaft excavation. The Engineer may require the Contractor to cut any core below the 5 foot [1.5 m] minimum depth and up to a total depth of 20 feet [6 m] below the bottom of the drilled shaft excavation. The Engineer will inspect the cores and determine the depth of required excavation. When considered necessary by the Engineer, take additional cores. When shown in the plans, prior to excavation, take a core (Shaft Excavation) performed in accordance with ASTM D 2113 Standard Practice for Diamond Core Drilling for Site Excavation using a double or triple wall core barrel through part or all of the shaft, to a depth up to 20 feet [6 m] below that shaft's planned tip elevation. Use only a double or triple wall core barrel designed: J -SS -127 2 -26 -03 1647 q (a) to cut a core sample from 4 to 6 inches [100 to 150 mm] in diameter, (b) so that the sample of material cored can be removed from the shaft excavation and the core barrel in an undisturbed state, and (c) in sufficient length to provide core samples, as directed by the Engineer up to a depth of 20 feet [6 m] below the bottom of the drilled shaft excavation. When called for in the plans, substitute Standard Penetration Tests (SPT) for coring. In such cases, supply these tests at no additional cost per foot [meter] to the Department above that bid for core (shaft excavation). Maintain a drilling log during shaft excavation and during coring operations that contains information such as the description of and approximate top and bottom elevation of each stratum encountered, depth of penetration, drilling time in each of the various strata, material description, and remarks. Classify, measure, and describe core samples in the drilling log. Place the core samples in suitable containers, identified by shaft location, elevation from and to, and job number, and deliver to the Department within 48 hours after cutting. Furnish two copies of the drilling log, signed by a designated representative of the Contractor and co- signed by a designated representative of the Department, to the Department at the time the shaft excavation is completed and accepted. Provide areas for the disposal of unsuitable materials and excess materials as defined in 120 -5 that are removed from shaft excavations, and dispose of them in a manner meeting all requirements pertaining to pollution. When shown in the plans, excavate bells to form a bearing area of the size and shape shown. Bell outlines varying from those shown in the plans are permissible provided the bottom bearing area equals or exceeds that specified. If the diameter of the bell exceeds three times the shaft diameter, drill the excavation deeper as directed and form a new bell footing. Excavate bells by mechanical methods. Furnish the additional drilled shaft concrete over the theoretical amount required to complete filling any excavations for bells and shafts which are larger than required by the plans or authorized by the Engineer, at no expense to the Department. 455 -15.7 Casings: Ensure that casings are metal, or concrete when indicated in the plans, of ample strength to withstand handling and driving stresses and the pressure of concrete and of the surrounding earth materials, and that they are smooth and water tight. Ensure that the inside diameter of casing is not less than the specified size of shaft except as provided below. The Department will not allow extra compensation for concrete required to fill an oversize casing or oversize excavation. The Engineer will allow the Contractor to supply casing with an outside diameter equal to the specified shaft diameter (O.D. casing) provided he supplies additional shaft length at the shaft tip. Determine the additional length of shaft required by the following relationship: Additional length = (Di - D2) L Dz where: D1= casing inside diameter specified = shaft diameter specified D2= casing inside diameter provided (132 = D1 minus twice the wall thickness). I-- authorized shaft length below ground for temporary casing methods or below casing for permanent casing methods. Bear all costs relating to this additional length including but not limited to the cost of extra excavation, extra concrete, and extra reinforcing steel. J -SS -128 2 -26 -03 1687' Remove all casings from shaft excavations except those used for the Permanent Casing Method. Ensure that the portion of casings installed under the Permanent Casing Method of construction below the shaft cut -off elevation remains in position as a permanent part of the Drilled Shaft. The Contractor may leave casings if in the opinion of the Engineer the casings will not adversely affect the shaft capacity in place. When casings that are to be removed become bound in the shaft excavation and cannot be practically removed, drill the shaft excavation deeper as directed by the Engineer to compensate for loss of capacity due to the presence of the casing. The Department will not compensate for the casing remaining. The Department will pay for the additional length of shaft under Item No. 455 -88 [Item No. 2455 -88] and the additional excavation under Item No. 455 -125 [Item No. 2455 -125]. When the shaft extends above ground or through a body of water, the Contractor may form the portion exposed above ground or through a body of water, with removable casing except when the Permanent Casing Method is specified (see 455- 23.10). When approved, the Contractor may form drilled shafts extending through a body of water with permanent or removable casings. However, for permanent casings, remove the portion of metal casings between an elevation 2 feet [0.6 m] below the lowest water elevation or 2 feet [0.6 m] below ground whichever is higher and the top of shaft elevation after the concrete is cured. Dismantle casings removed to expose the concrete as required above in a manner which will not damage the drilled shaft concrete. Dismantle removable casings in accordance with the provisions of 455- 17.5. Generally when removal of the temporary casing is required, do not start the removal until completing all concrete placement in the shaft. The Engineer will permit movement of the casing by rotating, exerting downward pressure, and tapping it to facilitate extraction, or extraction with a vibratory hammer. Extract casing at a slow, uniform rate with the pull in line with the axis of the shaft. Withdraw temporary casings while the concrete remains fluid. When conditions warrant, the Contractor may pull the casing in partial stages. Maintain a sufficient head of concrete above the bottom of the casing to overcome the hydrostatic pressure of water outside the casing. At all times maintain the elevation of the concrete in the casing high enough to displace the drilling slurry between the outside of the casing and the edge of the hole while removing the casing. The Contractor may use special casing systems in open water areas, when approved, which are designed to permit removal after the concrete has hardened. Design special casings so that no damage occurs to the drilled shaft concrete during their removal. 455 -15.8 Slurry and Fluid in Excavation at Time of Concrete Placement: 455- 15.8.1 Slurry: When slurry is used in an excavation, use only mineral slurry of processed attapulgite or bentonite clays. The Engineer will not allow polymer slurries. Use slurry having a mineral grain size such that it will remain in suspension and having sufficient viscosity and gel characteristics to transport excavated material to a suitable screening system. Use a percentage and specific gravity of the material to make the suspension sufficient to maintain the stability of the excavation and to allow proper placement of concrete. Ensure that the material used to make the slurry is not detrimental to concrete or surrounding ground strata. During construction, maintain the level of the slurry at a height sufficient to prevent caving of the hole. In the event of a sudden significant loss of slurry such that the slurry level cannot practically be maintained by adding slurry to the hole, delay the construction of that foundation until an alternate construction procedure has been approved. Thoroughly premix the mineral slurry with clean fresh water prior to introduction into the shaft excavation. Ensure that the percentage of mineral admixture used to J -SS -129 2 -26 -03 la •: 7 i make the suspension is such as to maintain the stability of the shaft excavation. The Engineer will require adequate water and/or slurry tanks when necessary to perform the work in accordance with these Specifications. The Engineer will not allow excavated pits on projects requiring slurry tanks without the written permission of the Engineer. The Engineer will require adequate desanding equipment when shown in the Contract Documents. However, the Engineer will not require desanding equipment for drilled shafts installed under mast arms, cantilever signs, overhead truss signs, high mast light poles or other miscellaneous structures unless shown in the Contract Documents. Take the steps necessary to prevent the slurry from "setting up" in the shaft, including but not limited to agitation, circulation, and/or adjusting the composition and properties of the slurry. Provide suitable offsite disposal areas and dispose of all waste slurry in a manner meeting all requirements pertaining to pollution. Provide a qualified professional soil testing laboratory approved by the Engineer to perform control tests using suitable apparatus on the mineral slurry mixture to determine the following parameters: (a) Freshly mixed mineral slurry: Measure the density of the freshly mixed mineral slurry regularly as a check on the quality of the suspension being formed using a measuring device calibrated to read within ±0.5 lb /ft3 [ ±8 kg/m3]. (b) Mineral slurry supplied to the drilled shaft excavation: Perform the following tests on the mineral slurry supplied to the shaft excavation and ensure that the results are within the ranges stated in the table below: Non SI Units Item to be measured Range of Results at 68 °F Test Method Density 64 to 73 lb /ft Mud density balance: (in fresh water) FM 8- RP13B -1 66 to 75 IWO (in salt water) Viscosity 28 to 40 seconds Marsh Cone Method: FM 8- RP13B -2 H 8 to 11 Electric pH meter or pH indicator paper strips: M 8- RP13B -4 Sand Content % or less FM 8- RP13B -3 SI Units Item to be measured of Results at 20 °C Test Method _Range Density 1030 to 1170 kg/m3 Mud density balance: (in fresh water) FM 8- RP13B -1 1060 to 1200 kg/m3 (in salt water) Viscosity 28 to 40 seconds Marsh Cone Method: M 8- RP13B -2 H 8 to 11 Electric pH meter or pH indicator paper strips: M 8- RP13B -4 Sand Content % or less 8- RP13B -3 J -SS -130 2 -26 -03 16B7'j The Contractor may adjust the limits in the above table(s) when field conditions warrant as successfully demonstrated in a Test Hole or with other methods approved by the Engineer. The Engineer must approve all changes in writing before the Contractor can continue to use them. Perform tests to determine density, viscosity, and pH value to establish a consistent working pattern, taking into account the mixing process and blending of freshly mixed mineral slurry and previously used mineral slurry. Perform a minimum of four sets of tests to -- determine density, viscosity, and pH value during the first 8 hours mineral slurry is in use. When the results show consistent behavior, discontinue the tests for pH value, and only carry out tests to determine density and viscosity during each four hours mineral - slurry is in use. If the consistent working pattern changes, reintroduce the additional tests for pH value for the time required to establish consistency of the test values within the required parameters. (c) Furnish reports of all mineral slurry tests required above, signed and sealed by a Specialty Engineer, representing the soil testing laboratory to the Department on completion of each drilled shaft. (d) The Department may perform comparison tests as determined necessary during the mineral slurry operations. During construction, maintain the level of mineral slurry in the shaft excavation within the excavation and at a level not less than 4 feet [1.2 m] above the highest expected piezometric water pressure along the depth of a shaft. At any time the wet construction method of stabilizing excavations fails, in the opinion of the Engineer, to produce the desired final result, discontinue this method of construction, and propose modifications in procedure or alternate means of construction for approval. Slurry testing is not required for drilled shafts installed under mast arms, cantilever signs, overhead truss signs, high mast light poles or other miscellaneous structures. 455- 15.8.2 Fluid In Excavation At Time Of Concrete Placement: Prior to placing concrete in any shaft excavation including shafts under miscellaneous structures, ensure that heavily contaminated suspensions, which could impair the free flow of concrete from the tremie pipe, have not accumulated in the bottom of the shaft. Take samples of the fluid in the shaft from the base of the shaft and at intervals not exceeding 10 feet [3 m] up the shaft, using an approved sampling tool. Ensure that the density of the fluid in the shaft excavation prior to concreting is less than 75 lb /ft3 [1,200 kg/m3]. The Engineer will not require tests for pH and viscosity when mineral slurry is not used in the excavation. Ensure that projects that require desanding equipment have a sand content not greater than 4% as determined by FM 8- RP13B -3. Take whatever action is necessary to modify the fluid in the shaft excavation prior to placing the concrete to bring the fluid within the specification requirements. When fluid is present in the hole, the applicable density test method and reporting requirements described in 455- 15.8.1 apply to tests of fluid in the shaft prior to placing the concrete. When using mineral slurry such tests shall be performed by an approved soil testing laboratory engaged by the Contractor in the presence of a representative of the Department. When mineral slurry is not used, testing may be performed by an experienced person furnished by the Contractor and approved by the Engineer. The Department may also perform comparison - tests. Provide equipment for such comparison tests when requested by the Engineer. 455 -15.9 Tremies and Pumps: J -SS -131 2 -26 -03 ibaz'� 455- 15.9.1 General: The requirements of the applicable provisions of Section 400 - will apply when using a tremie or a pump to place drilled shaft concrete -. 455- 15.9.2 Dry Excavations: Ensure that the tremie for depositing concrete in a dry drilled shaft excavation consists of a tube of solid construction, a tube constructed of sections which can be added and removed, or a tube of other approved design. The Contractor may pass concrete through a hopper at the top of the tube or through side openings as the tremie is retrieved during concrete placement. Support the tremie so that the free fall of the concrete is less than 5 feet [1.5 m] at all times. If the free falling concrete causes the shaft excavation to cave or slough, control the movement of concrete by reducing the height of free fall of the concrete and/or reducing the rate of flow of concrete into the excavation. 455- 15.9.3 Wet Excavations: Construct the tremie or pump line used to deposit concrete beneath the surface of water so that it is water -tight and will readily discharge concrete. Construct the discharge end of the tremie or pump line to prevent water intrusion and permit the free flow of concrete during placement operations. Ensure that the tremie or pump line has sufficient length and weight to rest on the shaft bottom before starting concrete placement. Ensure that the discharge end of the tremie or pump line is entirely immersed in concrete at all times during placement operations. Ensure that the free fall of concrete into the hopper is less than 5 feet [ 1.5 m] at all times. Support the tremie so that it can be raised to increase the discharge of concrete and lowered to reduce the discharge of concrete. The Engineer will not allow rapid raising or lowering of the tremie to increase the discharge of the concrete. Maintain a continuous flow of concrete and a positive pressure differential of the concrete in the tremie or pump line at all times to prevent water or slurry intrusion into the shaft concrete. 455 -15.10 Excavation and Drilling Equipment: 455 - 15.10.1 General: All shaft excavation is Unclassified Shaft Excavation. The Engineer will require Drilled Shaft Sidewall Overreaming when inspections show it to be necessary. These terms are defined in 455- 15.10.2, 455- 15.10.3, and 455- 15.10.4, respectively. Use excavation and drilling equipment having adequate capacity, including power, torque, and downthrust, and excavation and overreaming tools of adequate design, size, and strength to perform the work shown in the plans or described herein. When the material encountered cannot be drilled using conventional earth augers and/or underreaming tools, provide special drilling equipment, including but not limited to rock augers, core barrels, rock tools, air tools, blasting materials, and other equipment as necessary to continue the shaft excavation to the size and depth required. In the event blasting is necessary, obtain all necessary permits. The Contractor is responsible for the effects of blasting on already completed work and adjacent structures. The Engineer must approve all blasting. 455- 15.10.2 Unclassified Shaft Excavation: Unclassified Shaft Excavation is defined as all processes required to excavate a drilled shaft of the dimensions shown in the Contract Documents to the depth indicated in the plans plus 15 feet [4.5 meters] or plus 3 shaft diameters, whichever is deeper, completed and accepted. Include in the work all shaft excavation, whether the material encountered is soil, rock, weathered rock, stone, natural or man -made obstructions, or materials of other descriptions. 455- 15.10.3 Unclassified Extra Depth Excavation: Unclassified Extra Depth Excavation is defined as all processes required to excavate a drilled shaft of plan dimensions which is deeper than the limits defined as Unclassified Shaft Excavation. 455- 15.10.4 Drilled Shaft Sidewall Overreaming: Drilled Shaft Sidewall Overreaming is defined as the unclassified excavation required to roughen its surface or to enlarge the drilled shaft diameter due to softening of the sidewalls or to remove excessive buildup of slurry cake when slurry is used. Increase the shaft radius a minimum of 1/2 inch [15 J -SS -132 2 -26 -03 16L7 mm] and a maximum of 3 inches [75 mm] by overreaming. The Contractor may accomplish overreaming with a grooving tool, overreaming bucket, or other approved equipment. Meet the limit for depth of sidewall overreaming into the shaft sidewall material and the elevation limits between which sidewall overreaming is required. 455 -15.11 Inspection of Excavations: 455- 15.11.1 Dimensions and Alignment: Provide equipment for checking the dimensions and alignment of each permanent shaft excavation. Determine the dimensions and alignment of the shaft excavation under the observation and direction of the Department. Generally check the alignment and dimensions by any of the following methods as necessary: (a) Check the dimensions and alignment of dry shaft excavations using reference stakes and a plumb bob. (b) Check the dimensions and alignment of casing when inserted in the excavation. (c) Insert a casing in shaft excavations temporarily for alignment and dimension checks. (d) Insert a rigid rod or pipe assembly with several 90- degree offsets equal to the shaft diameter into the shaft excavation for alignment and dimension checks. Insert any casing, rod or pipe assembly, or other device used to check dimensions and alignment into the excavation to full depth. 455- 15.11.2 Depth: Generally reference the depth of the shaft during drilling to appropriate marks on the Kelly bar or other suitable methods. Measure final shaft depths with a suitable weighted tape or other approved methods after final cleaning. 455- 15.11.3 Shaft Inspection Device: The Department, when shown in the plans, may use a shaft inspection device (SID) comprised of a television camera sealed inside a water- tight jacket to inspect the bottoms of the shafts. The Department may also use a sidewall sampler - attached to the shaft inspection device to sample the sides of the shafts. Cooperate with the Department in using this device, including placing the device in position for inspection and removing it after the inspection. Furnish 110 V single phase current (minimum 30 A service), 220 V single phase current (minimum 15 A service), and a 150 psi [1.0 MPa] compressor (8 cfm [0.0038 m3 /s] minimum) to operate the SID. Include all cost related to the inspection device in the cost of drilled shaft items. Provide the projected drilled shaft construction schedule to the Engineer at the preconstruction conference or no later than 30 days before beginning drilled shaft construction so that the SID may be scheduled. Include in the bid the cost of transporting the SID - from its storage location to the job site and back. Notify the Department at least ten days prior to the desired pick -up date. During pick -up, the Department will complete a checklist of all equipment placed in the Contractor's possession. The Department will later use this checklist to verify that the Contractor has returned all equipment. The Contractor is responsible for the device from the time it leaves its storage area until the time it is returned. During this time, insure the device against loss or damage for the replacement cost thereof (the greater of $400,000 or the amount shown in the plans) or for the full insurable value if replacement cost insurance is not available. Return the device in good working condition to its proper location within 30 days after completing the drilled shafts. Notify the Department at least ten working days prior to returning the SID. 455- 15.11.4 Shaft Cleanliness Requirements: Adjust cleaning operations so that a minimum of 50% of the base of each shaft will have less than 1/2 inch [13 mm] of sediment at the time of placement of the concrete. Ensure that the maximum depth of sedimentary deposits or J -SS -133 2 -26 -03 1687 '! any other debris at any place on the base of the shaft excavation does not exceed 1 1/2 inches [40 mm]. The Engineer will determine shaft cleanliness by visual inspection for dry shafts, using divers or SID or other methods the Engineer deems appropriate for wet shafts. When using slurry, meet the requirements of 455 -15.8 at the time of concrete placement. Ensure that the depth of sedimentary deposits or other debris does not exceed 1 inch [25 mm] over the base of the shaft when installing drilled shafts under mast arms, overhead truss signs, high mast light poles or other miscellaneous structures 455- 15.11.5 Time of Excavation: Any unclassified excavation work lasting more than 36 hours (measured from the beginning of excavation for all methods except the Permanent Casing Method, which begins at the time excavation begins below the casing) before placement of the concrete may require overreaming the sidewalls to the depth of softening or removing excessive slurry cake buildup as indicated by samples taken by the sidewall sampler or other test methods employed by the Engineer. Ensure that the minimum depth of overreaming the shaft diameter is 1/2 inch [13 mm] and the maximum depth is 3 inches [75 mm]. Provide any overreaming required at no expense to the Department when exceeding the 36 -hour limit unless the time limit is exceeded solely to accomplish excavating deeper than the elevation shown in the plans as ordered by the Engineer. The Department will pay the Contractor for authorized overreaming resulting from softening or excessive filtercake buildup which is indicated by sidewall samples or other test methods employed by the Engineer during the initial 36 -hour time period. The Department will pay the Contractor for authorized overreaming when sidewall samples indicate softening or excessive filter cake buildup in shaft excavations which exceed the 36 -hour time limit in order to accomplish excavating deeper than the elevation shown in the plans as ordered by the Engineer. When using slurry, adjust excavation operations so that the maximum time that slurry is in contact with the bottom 5 feet [ 1.5 m] of the shaft (from time of drilling to concreting) does not exceed 12 hours. If exceeding the 12 -hour time limit, overream the bottom 5 feet [ 1.5 m] of shaft at no additional expense to the Department prior to performing other operations in the shaft. For drilled shafts installed under mast arms, cantilever signs, overhead truss signs, high mast light poles or other miscellaneous structures, all references to a 36 -hour time limit is changed to a 12 -hour time limit. 455 -16 Reinforcing Steel Construction and Placement. 455 -16.1 Cage Construction and Placement: Completely assemble and place as a unit the cage of reinforcing steel, consisting of longitudinal bars, ties, and cage stiffener bars, immediately after the Engineer inspects and accepts the shaft excavation and immediately prior to placing concrete. Tie all intersections of drilled shaft reinforcing steel with cross ties or "figure 8" ties. Use double strand ties or ties with larger tie wire when necessary. The Engineer will give final approval of the cage construction and placement subject to satisfactory performance in the field. 455 -16.2 Splicing Cage: If the bottom of the constructed shaft elevation is lower than the bottom of the shaft elevation in the plans, extend a minimum of one half of the longitudinal bars required in the upper portion of the shaft the additional length. Continue the tie bars for the extra depth, spaced on 2 foot [0.6 m] centers, and extend the stiffener bars to the final depth. The Contractor may lap splice these bars or use unspliced bars of the proper length. Do not weld bars to the planned reinforcing steel unless shown in the Contract Documents. J -SS -134 2 -26 -03 455 -16.3 Support, Alignment, and Tolerance: Tie and support the reinforcing steel in the shaft so that the reinforcing steel will remain within allowable tolerances as specified in 455 -8 and Section 415. Use concrete wheels or other approved noncorrosive spacing devices near the bottom and intervals not exceeding 15 feet [4.5 m] up the shaft to ensure concentric spacing for - the entire length of the cage. Do not use block or wire type spacers. Use a minimum of one spacer per 30 inches [750 mm] of circumference of cage with a minimum of three at each level. Provide concrete spacers, constructed as shown in the Contract Documents, at the bottom of the - drilled shaft reinforcing cage to maintain the specified distance between the bottom of the cage and the bottom of the shaft is maintained. Use the number of bottom spacers as shown in the Contract Documents. Use spacers constructed of approved material equal in quality and - durability to the concrete specified for the shaft. The Engineer will approve spacers subject to satisfactory performance in the field. Check the elevation of the top of the steel cage before and after placing the - concrete. If the rebar cage is not maintained within the specified tolerances, correct it as directed by the Engineer. Do not construct additional shafts until modifying the rebar cage support in a manner satisfactory to the Engineer. 455 -17 Concrete Placement. 455 -17.1 General: Place concrete in accordance with the applicable portions of Sections 346 and 400, Standard Operating Procedures for Quality Control of Concrete, Subarticles 455- 15.2, 455 -15.3, 455 -15.4, 455 -15.5, 455 -15.8, 455 -15.9, and the requirements herein. Place concrete as soon as possible after completing all excavation, cleaning the shaft excavation, inspecting and finding it satisfactory, and immediately after placing reinforcing steel. Continuously place concrete in the shaft to the top elevation of the shaft. Continue placing concrete after the shaft is full until good quality concrete is evident at the top of the shaft. Place concrete through a tremie or concrete pump using approved methods. If the pressure head is lost during concrete placement for any reason, the Engineer may direct the Contractor to perform integrity testing at no expense to the Department. 455 -17.2 Placement Time Requirements: The elapsed time for placing drilled shaft concrete includes the concrete mixing and transit time, the concrete placement time, and the time required to remove any temporary casing that causes or could cause the concrete to flow into the space previously occupied by the casing. Maintain a minimum slump of 4 inches [ 100 mm] throughout the elapsed time. Use materials to produce and maintain the required slump through the elapsed time that meets the class of concrete specified. Provide slump loss tests that demonstrate to the Engineer that the concrete will maintain a 4 inch [100 mm] or greater slump for the anticipated elapsed time before beginning drilled shaft construction. 455 -17.3 Forms: When the top of shaft elevation is above ground, form the portion of the shaft above ground with a removable form or another approved method to the dimensions shown in the plans. When the shaft extends above the ground through a body of water, the Contractor may form the portion through the water with removable forms except when the Permanent _. Casing Method is specified. When approved, the Contractor may form the portion through the water with permanent forms, provided the forms are removed from 2 feet [0.6 m] below the lowest water elevation to the top of shaft elevation. 455 -17.4 Riser Blocks: The Contractor may cast a riser block of equal diameter as the column and of a maximum height of 6 inches [150 mm] at the top of the completed shaft. When J -SS -135 2 -26 -03 this option is chosen, extend any dowel steel above the top of shaft an additional 6 inches [150 455 -17.5 Curing: Cure the top surface in accordance with the applicable provisions of Section 400 -, and construct any construction joint area as shown in the plans. Protect portions of drilled shafts exposed to a body of water from the action of water by leaving the forms in place for a minimum of seven days after casting the concrete. The Contractor may remove forms prior to seven days provided the concrete strength has reached 2,500 psi [17 MPa] or greater as evidenced by cylinder breaks. 455 -18 Test Holes. The Engineer will use the construction of test holes to determine if the methods and equipment used by the Contractor are sufficient to produce a shaft excavation meeting the requirements of the Contract Documents. During test hole excavations, the Engineer will evaluate the ability to control dimensions and alignment of excavations within tolerances; to seal the casing into impervious materials; to control the size of the excavation under caving conditions by the use of mineral slurry or by other means; to properly clean the completed shaft excavation; to construct excavations in open water areas; to establish elevations for belling; to determine the elevation of ground water; to place reinforcing steel and concrete meeting the requirements of these Specifications within the prescribed time frame; and to execute any other necessary construction operation. Revise the methods and equipment as necessary at any time during the construction of the test hole when unable to satisfactorily carry out any of the necessary operations described above or when unable to control the dimensions and alignment of the shaft excavation within tolerances. Drill test holes out of permanent position at the location shown in the plans or as directed by the Engineer. Ensure that the diameter and depth of the test hole or holes are the same diameter and maximum depth as the production drilled shafts. Reinforce the test hole unless otherwise directed in the Contract Documents. Fill the test hole with concrete in the same manner that production reinforced shafts will be constructed. Backfill test holes which are not filled with concrete with suitable soil in a manner satisfactory to the Engineer. Leave concreted test.holes in place, except remove the top of the shaft to a depth of 2 feet [0.6 m] below the ground line. Use the same procedure for shafts constructed in water. Restore the disturbed areas at the sites of test holes drilled out of position as nearly as practical to their original condition. When the Contractor fails to demonstrate to the Engineer the adequacy of his methods or equipment, and alterations are required, make appropriate modifications and provide additional test holes at no expense to the Department. Include the cost of all test holes in the cost of the Drilled Shafts. Make no changes in methods or equipment after initial approval without the consent of the Engineer. A separate test hole is not required for drilled shafts installed under mast arms, cantilever signs, overhead truss signs, high mast light poles or other miscellaneous structures. The first production shaft will serve as a test hole for determining acceptability of the installation method. 455 -19 Test Bells. Ream the bells at specified test holes to establish the feasibility of belling in a specific soil strata. Use the diameter and shape of the test bell shown in the plans or as approved in writing. 455 -20 Construction Tolerances. Meet the following construction tolerances for drilled shafts: J -SS -136 2 -26 -03 (a) Ensure that the top of the drilled shaft is no more than 3 inches [75 mm] laterally from the position indicated in the plans. (b) Ensure that the vertical alignment of the shaft excavation does not vary from the alignment shown in the plans by more than 1/4 in/ft [20 mm/m] of depth. (c) After placing all the concrete, ensure that the top of the reinforcing steel cage is no more than 6 inches [150 mm] above and no more than 3 inches [75 mm] below plan position. (d) Ensure that the reinforcing cage is concentric with the shaft within a tolerance of 1 1/2 inches [40 mm]. Ensure that concrete cover is 6 inches ± 1 1/2 inches [150 ± 40 mm] unless shown otherwise in the plans. (e) All casing diameters shown in the plans refer to I.D. (inside diameter) dimensions. However, the Contractor may use casing with an outside diameter equal to the specified shaft diameter if the extra length described in 455 -15.7 is provided. In this case, ensure that the I.D. of the casing is not less than the specified shaft diameter less 1 inch [25 mm]. When approved, the Contractor may elect to provide a casing larger in diameter than shown in the plans to facilitate meeting this requirement. When casing is not used, ensure that the minimum diameter of the drilled shaft is 1 inch [25 mm] less than the specified shaft diameter. When conditions are such that a series of telescoping casings are used, provide the casing sized to maintain the minimum shaft diameters listed above. (f) Excavate the bearing area of bells to the plan bearing area as a minimum. Ensure that the diameter of the bells does not exceed three times the specified shaft diameter. The Contractor may vary all other plan dimensions shown for the bells, when approved, to _M accommodate his equipment. (g) Ensure that the top elevation of the drilled shaft concrete has a tolerance of +1 and - 3 inches [ +25 and -75 mm] from the top of shaft elevation shown in the plans. (h) The dimensions of casings are subject to American Petroleum Institute tolerances applicable to regular steel pipe. (i) Use excavation equipment and methods designed so that the completed shaft excavation will have a flat bottom. Ensure that the cutting edges of excavation equipment are normal to the vertical axis of the equipment within a tolerance of ±3/8 in/ft [ ±30 mm/m] of diameter. 455 -21 Drilled Shaft Excavations Constructed out of Tolerance. Do not construct drilled shaft excavations in such a manner that the concrete shaft cannot be completed within the required tolerances. The Contractor may make corrections to an unacceptable drilled shaft excavation by any combination of the following methods: (a) Over drilling the shaft excavation to a larger diameter to permit accurate - placement of the reinforcing steel cage with the required minimum concrete cover. (b) Increasing the number and/or size of the steel reinforcement bars. (c) Enlargement of the bearing area of the bell excavation within tolerance allowed. When the tolerances are not met, the Contractor may request design changes in the caps or footings to incorporate shafts installed out of tolerance. The Contractor shall bear the costs of redesign and Unforeseeable Work resulting from approved design changes to incorporate shafts installed out of tolerance. Employ a Specialty Engineer to perform any redesign and who shall sign and seal the redesign drawings and computations. Do not begin any proposed redesign until it has been reviewed for acceptability and approved by the Engineer. J -SS -137 2 -26 -03 16B7'� Backfill any out of tolerance shafts in an approved manner when directed by the Engineer until the redesign is complete and approved. Furnish additional materials and work necessary, including engineering analysis and redesign, to effect corrections of out of tolerance drilled shaft excavations at no expense to the Department. 455 -22 Load Tests. When the plans include load testing, perform all load tests in accordance with 455 -2. or as shown in the Contract Documents. 455 -23 Method of Measurement. 455 -23.1 Drilled Shafts: The quantity to be paid for will be the length, in feet [meters], of the reinforced concrete drilled shaft of the diameter shown in the plans, completed and accepted. The length will be determined as the difference between the top of shaft elevation as shown in the plans and the final bottom of shaft elevation as authorized and accepted. When the Contractor elects to provide outside diameter (O.D.) sized casing rather than inside diameter (I.D.) sized casing as allowed in 455 -15.7, the pay quantity measured as described above will be multiplied by a factor (F) determined as follows: F= 2D2-Di D2 where: F= factor to adjust pay quantities to compensate for smaller shafts. D1= casing inside diameter specified = shaft diameter specified. D2= casing inside diameter provided (D2 = DI minus twice the wall thickness). 455 -23.2 Drilled Shafts (Unreinforced): The quantity to be paid for will be the length, in feet [meters], of unreinforced concrete drilled shaft of the diameters shown in the plans, completed and accepted. The length will be determined as the difference between the top of shaft elevation as shown in the plans and the final bottom of shaft elevation as authorized and accepted. When the Contractor elects to use O.D. casing, the quantity as determined above will be multiplied by the factor "F" determined as described in 455 -23.1. 455 -23.3 Unclassified Shaft Excavation: The quantity to be paid for will be the length, in feet [meters], of unclassified shaft excavation of the diameter shown in the plans, completed and accepted, measured along the centerline of the shaft from the ground surface elevation to the plan bottom of shaft elevation authorized and accepted plus up to 15 feet [4.5 meters] or 3 shaft diameters, whichever is deeper, of additional excavation as authorized by the Engineer. When drilled shafts are constructed through fills placed by the Contractor, the original ground surface before the fill was placed will be used to determine the quantity of unclassified shaft excavation. When the Contractor elects to use O.D. casing, the quantity as determined above will be multiplied by the factor "F" determined as described in 455 -23.1. 455 -23.4 Unclassified Extra Depth Excavation: When excavation is required by the Engineer to extend more than 15 feet [4.5 meters] or 3 shaft diameters, whichever is deeper, below the bottom of the shaft elevation shown in the plans, the work will be considered as Unforeseeable Work. 455 -23.5 Drilled Shaft Sidewall Overreaming: The quantity to be paid for will be the length, in feet [meters], of drilled shaft sidewall overreaming authorized, completed and J -SS -138 2 -26 -03 i • �I accepted, measured between the elevation limits authorized by the Engineer. When the Contractor elects to use O.D. casing, the quantity as determined above will be multiplied by the factor "F" determined as described in 455 -23.1. 455 -23.6 Bell Footings: The quantity to be paid for will be the number of bells of the diameter and shape shown in the plans, completed and accepted. 455 -23.7 Test Holes: The cost of all test holes will be included in the cost of Drilled Shafts. 455 -23.8 Test Bells: The quantity to be paid for will be the number of test bells, -- completed and accepted. 455 -23.9 Core (Shaft Excavation): The quantity to be paid for will be the length, in feet [meters], measured from the bottom of shaft elevation to the bottom of the core -hole, for each authorized core drilled below the shaft excavation, completed and accepted. When the Engineer authorizes Core (Shaft Excavation) extending through part or all of the shaft, prior to excavation, to some depth below the shaft bottom, the quantity will be the length in feet [meters], measured from the top elevation to the bottom elevation authorized by the Engineer, completed and accepted. When SPT tests are substituted for coring as provided in 455 -15.6, the quantity will be determined as described above for coring. 455 -23.10 Casings: The quantity to be paid for will be the length, in feet [meters], of each size casing as directed and authorized to be used. The length will be measured along the casing from the top of the shaft elevation or the top of casing whichever is lower to the bottom of the casing at each shaft location where casing is authorized and used, except as described below when the top of casing elevation is shown in the plans. Casing will be paid for only when the - Permanent Casing Method is specified, when the plans show a casing that becomes a permanent part of the shaft, or when the Engineer directs the Contractor to leave a casing in place which then becomes a permanent part of the shaft. No payment will be made for casings which become bound or fouled during shaft construction and cannot be practically removed. The Contractor shall include the cost of all temporary removable casings for methods of construction other than that of the Permanent Casing Method in the bid price for Unclassified Shaft Excavation item. �. When the Permanent Casing Method and the top of casing elevation are specified, the casing will be continuous from top to bottom. Authorization for temporary casing will not be given unless the Contractor demonstrates that he can maintain alignment of the temporary upper casing with the lower casing to be left in place during excavation and concreting operations. When artesian conditions are or may be encountered, the Contractor shall also demonstrate that he can maintain a positive water -tight seal between the two casings during excavation and concreting operations. When the top of casing elevation is shown in the Contract Documents, payment will be from the elevation shown in the plans or from the actual top of casing elevation, whichever is lower, to the bottom of the casing. When the Contractor elects to use an approved special temporary casing system in open water locations, the length to be paid for will be measured as a single casing as provided above. - 455 -23.11 Protection of Existing Structures: The quantity to be paid for will be at the lump sum price. 455 -23.12 Load Tests: The quantity to be paid for will be the number and type of load tests conducted. 455 -23.13 Instrumentation and Data Collection: The quantity to be paid for will be at the -. lump sum price. 455 -24 Basis of Payment. J -SS -139 2 -26 -03 455-24.1 D ' 1 d S h afts : Price an d payment will be full com ensa! r Ul Zlled shafts, including the cost of concrete and reinforcing steel, including all labor, materials, equipment, and incidentals necessary to complete the drilled shaft. The cost of the reinforcing steel, including lap lengths, to accommodate shaft lengths longer than shown in the plans is included in the cost of Drilled Shafts. 455 -24.2 Drilled Shafts (Unreinforced): Price and payment will be full compensation for all drilled shafts (unreinforced), including the cost of concrete and all labor, equipment, materials, and incidentals necessary to complete the drilled shaft. 455 -24.3 Unclassified Shaft Excavation: Price and payment will be full compensation for the shaft excavation (except for the additional costs included under the associated pay items for casing); removal from the site and disposal of excavated materials; restoring the site as required; cleaning and inspecting shaft excavations; using slurry as necessary; using drilling equipment; blasting procedures, special tools and special drilling equipment to excavate the shaft to the depth indicated in the plans; and furnishing all other labor, materials, and equipment necessary to complete the work in an acceptable manner. 455 -24.4 Bell Footings: Price and payment will be full compensation for forming and excavating the bell beyond the diameter of the drilled shaft, furnishing and casting additional concrete necessary to fill the bell outside the shaft together with any extra reinforcing steel required, removing excavated materials from the site, and all other expenses necessary to complete the work. 455 -24.5 Test Holes: No separate payment will be made for Test Hole. All cost of Test Holes will be included in the cost of Drilled Shafts. 455 -24.6 Test Bells: Price and payment will be full compensation for forming the test bell, providing inspection facilities, backfilling the bell when the test hole is drilled out of position, and all other expenses necessary to complete the work. 455 -24.7 Core (Shaft Excavation): Price and payment will be full compensation for drilling and classifying the cores, delivering them to the Department, furnishing drilled shaft concrete to fill the core hole, and all other expenses necessary to complete the work. When SPT tests are substituted for coring as provided in 455 -15.6, they will be paid for at the price per foot [meter] for coring. 455 -24.8 Casings: Price and payment will be full compensation for additional costs necessary for furnishing and placing the casing in the shaft excavation above the costs attributable to the work paid for under associated pay items for Unclassified Shaft Excavation. 455 -24.9 Protection of Existing Structures: Price and payment will include all cost of work shown in the plans or described herein for protection of existing structures. When the Contract Documents do not include an item for protection of existing structures, the cost of settlement monitoring as required by these Specifications will be included in the cost of Unclassified Shaft Excavation; however, work in addition to settlement monitoring will be paid for as Unforeseeable Work when such additional work is ordered by the Engineer. 455 -24.10 Load Tests: Price and payment will include all costs related to the performance of the load test. 455 -24.11 Instrumentation and Data Collection: Price and payment will include all labor, equipment, and materials incidental to the instrumentation and data collection, and, when required, the load test report. 455 -24.12 Payment Items: Payment will be made under: Item No. 455- 18- Protection of Existing Structures - lump sum. Item No. 2455- 18- Protection of Existing Structures - lump sum. Item No. 455- 88- Drilled Shaft - per foot. J -SS -140 2 -26 -03 Item No. 2455- 88- Drilled Shaft -per meter. 16B7 Item No. 455- 90- Bell Footings - each. ' Item No. 2455- 90- Bell Footings - each. Item No. 455- 92- Test Bells - each. Item No. 2455- 92- Test Bells - each. Item No. 455 -107- Casing - per foot. Item No. 2455 -107- Casing - per meter. Item No. 455 -111- Core (Shaft Excavation) - per foot. Item No. 2455 -111- Core (Shaft Excavation) - per meter. Item No. 455 -119- Test Loads - each. Item No. 2455 -119- Test Loads - each. Item No. 455 -122- Unclassified Shaft Excavation - per foot. Item No. 2455 -122- Unclassified Shaft Excavation - per meter. Item No. 455 -129- Instrumentation and Data Collection - lump sum. - Item No. 2455 -129- Instrumentation and Data Collection - lump sum. D. SPREAD FOOTINGS 455 -25 Description. Construct reinforced concrete spread footing foundations, including dewatering when necessary, excavating to the required limits, compacting the underlying soil as required, and constructing seals when required. 455 -26 General Requirements. Meet the following requirements for all spread footings: 1. Perform excavations, including the removal of all material, of whatever nature, - necessary for the construction of spread footings. As used herein, the term "soil" shall constitute any material, whether soil, rock, or other materials. 2. Slope excavations as required, or support them with sheeting, and shore them if necessary, to provide a safe excavation that is adequate for construction purposes and that will adequately protect any existing adjacent structures. 3. Ensure that the foundation soils are firm, stable, and, in the opinion of the -° Engineer, meet or exceed the design bearing and compressibility requirements before constructing the footings or any required seals. The Department may elect to use any type of test(s) to evaluate the foundation soils that is appropriate in the opinion of the Engineer. Cooperate with the Engineer in the evaluation of the foundation soils, and assist the Engineer as necessary to provide access to the site. 4. The elevation of the bottom of footings or seals and/or the depth of over - excavation shown in the plans is approximate and the Engineer may order, in writing, such changes as may be necessary to secure a satisfactory foundation. M_ 5. Place all spread footing concrete in the dry. 455 -27 Protection of Existing Structures. .. Protect existing structures in accordance with 455 -1.1. Also, if not otherwise provided in the plans, evaluate the need for, design, and provide all reasonable precautionary features to prevent damage, including, but not limited to, the installation of sheet piling, shoring as necessary, maintenance of the water table beneath such structures as nearly as practical to existing conditions, and monitoring and controlling vibrations from construction activities including driving of sheeting or from blasting. J -SS -141 2 -26 -03 1687 455 -28 Dewatering. The Contractor is responsible for the design, installation, and operation of an adequate dewatering system to dewater excavations for spread footings. Use a well point or well system. Submit a dewatering plan to the Engineer for his records before beginning construction. Use well points or wells where the piezometric water level is above an elevation 3 feet [1.0 m] below the bottom of the excavation. Maintain the water table 3 feet [1.0 m] or more below the maximum depth of excavation. Provide continuous dewatering until completing construction of the footing and backfill the excavation at least 3 feet [1.0 m] above the piezometric water table elevation. Continue dewatering until the Engineer considers conditions safe to discontinue dewatering. In the event of a dewatering failure, assist the Engineer as required in determining the effects of such a failure on the foundation soils, and take whatever corrective measures are required at no additional expense to the Department. When the Engineer approves the discontinuing of dewatering, decrease the rate of pumping, allowing the water level to rise slowly. Use a rate, in feet per hour [millimeters per hour], that the water table is allowed to rise equal to the total number of feet [millimeters] the water table was lowered, divided by ten hours or a rate of 1 ft/hr [300 mm/h], whichever is less. Install one piezometer well approximately every 15 feet [4.5 m] of footing perimeter. Provide a minimum of two and a maximum of six piezometers at locations within 2 feet [0.6 m] from the outside of the footing perimeter. Install piezometer wells to a depth at least 10 feet [3 m] below the bottom of footing elevation or as directed by the Engineer. Measure water elevation in the piezometer wells prior to excavation and at 12 -hour intervals between excavation and discontinuation of dewatering. Maintain the piezometers in working condition throughout the dewatering process, and repair or replace them when damaged at no expense to the Department. 455 -29 Excavations. 455 -29.1 Dry Excavations: Dry excavations are excavations that can be completed without the need to lower the piezometric water level. Perform dry excavations when the piezometric water level at the time of construction is and, in the opinion of the Engineer, will remain at least 3 feet [ 1.0 m] below the bottom of the authorized excavation or over - excavation. Demonstrate to the Engineer that a stable excavation can be made without dewatering. Make adequate provisions to divert surface runoff and to collect and remove any water entering the excavation. Excavate to the bottom of footing, to the over - excavation limits shown in the plans, or as directed by the Engineer. Save any suitable materials for backfill. Provide areas for the disposal of all unsuitable materials, and dispose of them in a satisfactory method. Compact the foundation soils below the footing as shown in the plans or described herein before constructing the footing. 455 -29.2 Dewatered Excavations: Dewatered excavations are excavations made after first lowering the piezometric water level with wellpoints or wells. Perform dewatering as described in 455 -28. Excavate in the dry after lowering of the water table. When dewatering is required, the Contractor may excavate within 3 feet [1.0 m] of the ground water table before dewatering begins if the dewatering system is operating and the Contractor has demonstrated that the water level has been lowered to and maintained at acceptable limits. Where large excavations require stage lowering of the water table (additional wellpoint systems installed at lower elevations), the Contractor may continue excavating as long as the water elevation is maintained at least 3 feet [1.0 m] below the excavation. J -S S -142 2 -26 -03 1687 '.4 Ensure that surface runoff is diverted from the excavation. Compact the foundation soils as shown in the plans or as described herein before constructing the footing. 455 -29.3 Wet Excavations: Wet excavations are excavations made below the existing water table without prior dewatering. When the plans show a cofferdam and seal, perform the excavation in the wet. Maintain the water level during excavation at or above the water level outside the cofferdam. Place the seal directly upon the foundation soils or rock when using wet excavations. Do not compact foundation soils for wet excavations. Ensure that the foundation soils or rock are disturbed as little as practical. Remove all materials that are determined by the Engineer to be loose or disturbed before placing the seal concrete. 455 -30 Fill or Backfill. Only use fill or backfill, including over - excavations below the footing, that is clean cohesionless material, free of rubble, debris, or rocks that would prevent uniform placement and - compaction. For backfill materials, use A -1, A -2, or A -3 materials, materials as shown in the plans, or materials approved by the Engineer. - 455 -31 Compaction and Density Requirements. Compact the bottom of the excavation with suitable equipment. Compact the soil beneath footing excavation (whether dug to the bottom of footing or over - excavated) to a density not less than 95% of the maximum density as determined by AASHTO T 180 for a minimum depth of 2 feet [0.6 m] below the bottom of the excavation or to the depth shown in the plans before backfilling begins. Perform at least one density determination at each footing excavation at a depth of one to 2 feet [0.3 to 0.6 m] below the bottom of the excavation. Compact the backfill in footing excavations which have been over - excavated in 12 inch [300 mm] maximum loose lifts to a density not less than 95% of the maximum density as determined by AASHTO T 180 to the bottom of footing elevation. Perform at least one density determination in each lift of backfill at each footing excavation. For compaction, use an approved heavy vibratory roller with a static drum weight of at least 4 tons [3.6 metric tons]. Compact each lift to the required density. Also, compact the final lift below the footing with a suitable sled vibratory compactor to remove any upper disturbance - caused by the drum roller. When conditions require use of smaller compaction equipment, obtain the Engineer's approval for the equipment, and reduce the lift thickness to achieve the required density. Perform backfilling to the original ground surface, finished grade, or subgrade as required by the plans in the immediate vicinity by approved mechanical compactors weighing less than 1,000 pounds [450 kg]. The Contractor may compact backfill located more than 15 feet [4.5 m] away from the exterior periphery of the footing with heavier compactors. Do not place backfill on the footing until the Engineer has given permission and until the concrete is at least seven days old. 455 -32 Forming. Form spread footings if it can not be demonstrated that the natural soil or rock is strong enough to prevent caving during construction. For forms, meet the applicable requirements of 400 -5. When forms are not required, meet the requirements of 400 - 5.4.4. 455 -33 Materials. 455 -33.1 Concrete: Meet the requirements of Section 346. J -SS -143 2 -26 -03 16B7,� 455 -33.2 Reinforcing Steel: Meet the requirements of Section 415. For spread footing reinforcing steel, use Grade 60 [Grade 420]. 455 -34 Reinforcing Steel Placement. Place and fasten reinforcing steel for footings according to the applicable provisions of 415 -5. 455 -35 Concrete Placement. 455 -35.1 Placement: Place all footing concrete in the dry and according to the applicable provisions of Section 400. Do not construct joints in footings. 455 -35.2 Finish: After placing and consolidating the concrete, strike -off the top surface to the grades shown in the Contract Documents, leaving the surface smooth and free of undesirable cavities and other defects. Do not provide a special finish unless the footing will be visible after construction, in which case, meet the applicable provisions of Section 400 -. 455 -35.3 Curing: Provide continuous - moisture -curing for footings. For cover materials, use clean sand, sawdust, or other materials meeting the approval of the Engineer. Continuously wet the cover materials for a period of 72 hours. 455 -36 Method of Measurement. 455 -36.1 Protection of Existing Structures: The quantity to be paid for, when included in the Contract Documents, will be at the Contract lump sum price. 455 -36.2 Dewatering: The quantity to be paid for will be at the Contract unit price for each footing excavation, only at locations authorized by the Engineer and acceptably dewatered. 455 -36.3 Excavation: No separate payment will be made for backfill or will separate payment be made for excavation above bottom of footing elevation. The cost of this work will be included in the Contract unit price for Concrete (Substructure). For footings with excavation (over- excavation) below the bottom of the footing elevation shown in the plans, the cost of this excavation, backfilling, and compaction will be included in the Contract unit price for Excavation for Structures. The pay quantity will be the volume in cubic yards [cubic meters] bounded by vertical planes 12 inches [300 mm] outside of the limits of the footing and parallel thereto and extending from the bottom of the footing elevation to the authorized bottom of over - excavation or within the pay limits shown in the plans. 455 -36.4 Reinforcing Steel: The quantity to be paid for will be the total weight, in pounds [kilograms], determined as described in Section 415. 455 -36.5 Concrete: The quantity to be paid for will be the volume of the classes shown in the plans, in cubic yards [cubic meters], determined as described in Section 400. 455 -37 Basis of Payment. 455 -37.1 Protection of Existing Structures: When separate payment for Protection of Existing Structures is provided, price and payment will be full compensation for all work necessary to evaluate the need for, design of, and to provide the necessary features to protect existing structures, including all cost of work shown in the plans or described herein for protection of existing structures. When a separate payment for Protection of Existing Structures is not provided, the cost of this work will be included in the Contract unit prices for Excavation for Structures and/or for Concrete (Substructure). 455 -37.2 Dewatering: Price and payment will be full compensation for all work related to the successful dewatering of footings, including installing, maintaining, and monitoring J -S S -144 2 -26 -03 1687 piezometer wells. Dewatering will be considered Unforeseeable Work when the Engineer determines that dewatering is required and the plans do not include a Dewatering item. 455 -37.3 Excavation: Price and payment will be full compensation for all work related to over - excavating below the bottom of footing elevation, backfill, and compaction as specified. 455 -37.4 Reinforcing Steel: Price and payment will be full compensation for all work required to furnish and place the steel as shown in the plans and as specified herein. 455 -37.5 Concrete: Price and payment will be full compensation for all work required to construct footings and seals as shown in the plans and described herein. No separate payment will be made for sheeting and shoring required for excavation and footing construction except when a separate pay item for sheeting and shoring is included in the plans. The cost of all work not specifically mentioned in the other footing items will be included in the price per cubic yard [cubic meter] for substructure Concrete. 455 -37.6 Payment Items: Payment will be made under: Item No. 125- 1- Excavation For Structures - per cubic yard. Item No. 2125- 1- Excavation For Structures - per cubic meter. Item No. 400- 2- Class II Concrete - per cubic yard. Item No. 2400- 2- Class II Concrete - per cubic meter. - Item No. 400- 3- Class III Concrete - per cubic yard. Item No. 2400- 3- Class III Concrete - per cubic meter. Item No. 400- 4- Class IV Concrete - per cubic yard. Item No. 2400- 4- Class IV Concrete - per cubic meter. Item No. 400- 91- Dewatering For Spread Footings - each. _ Item No. 2400- 91- Dewatering For Spread Footings - each. Item No. 415- 1- Reinforcing Steel - per pound. Item No. 2415- 1- Reinforcing Steel - per kilogram. Item No. 455- 18- Protection of Existing Structures - lump sum. Item No. 2455- 18- Protection of Existing Structures - lump sum. E. STRUCTURES (OTHER THAN BRIDGE) FOUNDATIONS - AUGER CAST PILES 455 -38 Description. Furnish and install auger cast piles used for structural support, other than bridge foundations. 455 -39 General Requirements. 455 -39.1 Contractor's Operations: Submit an Auger Cast Pile Installation Plan in accordance with 455 -47. Prior to the start of production piles, demonstrate to the satisfaction of the Engineer, the dependability of the equipment, techniques, and source of materials by construction of a demonstration pile. 455 -39.2 Protection of Existing Structures: Protect existing structures in accordance with 455 -1.1. 455 -40 Materials. Meet the following material requirements: (1) Portland Cement (Types I, II, III, IP, and IS) Section 921 (2) Fly Ash, Slag and other Pozzolanic Materials for Portland Cement Concrete Section 929 J -SS -145 2 -26 -03 (3) Fine Aggregate (Sand)* Section 902 16 U 1. (4) Admixtures Section 924 (5) Water Section 923 (6) Fluidizer ASTM C 937 * The Contractor may use any clean sand with 100% passing 3/8 inch [9.5 mm] sieve and not more than 10% passing the 200 mesh [75 µm] sieve. The Engineer will only permit Silica Sand except as provided in 902 - 5.2.3. 455 -41 Grout Mix Proportions. Use a grout mix consisting of a mixture of Portland cement, fly ash, retarder, fluidizer, sand and water proportioned and mixed to produce a mortar capable of maintaining the solids in suspension without appreciable water gain and which may be pumped without difficulty and fill open voids in the adjacent soils. Proportion these materials to produce a hardened grout of the required strength shown on the plans. 455 -42 Mixing and Pumping Cement Grout. Meet the following requirements: 1. Only use pumping equipment approved by the Engineer in the preparation and handling of the grout. Before using the mixers, remove all oil or other rust inhibitors from the mixing drums, stirring mechanisms, and other portions of the equipment in contact with the grout. 2. Accurately measure all materials by volume or weight as they are fed to the mixer. Place the materials in the mixer in the following order: 1) water, 2) fluidifier, 3) other solids in order of increasing particle sizes. 3. Use a quantity of water and mixing time that will produce a homogenous grout having a consistency of 18 to 24 seconds, or higher if specified by the Engineer, when tested with a flow cone in accordance with ASTM C 939 (3/4 inch [19 mm] diameter outlet), with a frequency at the discretion of the Engineer. Mix the grout at least one minute. If agitated continuously, the grout may be held in the mixer or agitator for a period not exceeding 2.5 hours at grout temperatures below 70 °F [20 °C]; two hours for temperatures from 70 to 100°F [20 to 38 °C]. Do not place grout when its temperature exceeds 100 °F [38 °C]. If there is a lapse in the operation of grout injection, recirculate the grout through the pump, or through the mixer drum or agitator. 4. Use mixers capable of combining components of the cement grout into a thoroughly mixed and uniform mass, free from balls or lumps of cementitious material and capable of discharging the concrete with a satisfactory degree of uniformity. The Engineer's approval of grout mixers and all other equipment will be conditioned on proper performance during construction of the demonstration pile and subsequent production work. 5. Use a screen no larger than 3/4 inch [ 19.0 mm] mesh between the mixer and pump to remove large particles which might clog the injection system. 6. Use a positive displacement piston type grout pump capable of developing displacing pressures at the pump up to 350 psi [2.4 MPa]. Place a minimum volume of grout in the hole of at least 115% of the column of the auger hole. 7. Use a grout pump /system equipped with a pressure gauge to accurately monitor the pressure of the grout flow. Test and calibrate the equipment during construction of the demonstration pile to demonstrate flow rate measurement accuracy of ±3% over the range of grouting pressures anticipated during this work. Also calibrate the equipment any time the Engineer suspects that the grout pump performance has changed. J -SS -146 2 -26 -03 47 "PZti f 455 -43 Testing Cement Grout. Make four cubes, 2 by 2 inch [50.8 by 50.8 mm] each, for each 50 yd3 [38 m3] of grout" placed, per day of pile placement. The Engineer will test two cubes at seven days and two cubes at 28 days. The minimum required strength will be specified on the plans. When a cement grout acceptance strength test falls more than 10% or 500 psi [3.5 MPa] below the specified minimum strength, whichever is less deviation from the specified minimum strength, perform one of the following: (a) Remove and replace the LOT of concrete in question at no additional cost to the Department, or (b) Submit a structural analysis performed by a Specialty Engineer. If the results of the analysis, approved by the Department, indicate adequate strength to serve the intended purpose with adequate durability, the concrete may remain in place. Otherwise, remove and replace the LOT of concrete in question at no additional cost to the Department. All low strength cement grout accepted by the Engineer will be subject to reduced payment as follows: $0.80 /yd3 for each 10 psi [$1.05 /m3 for each 70 kPa] of strength test value below the specified minimum strength. Reduction in pay will be applied to the entire length of all piles containing low strength cement grout, in any quantity. The quantity of cement grout affected by the price reduction may exceed the quantity of cement grout contained in the LOT. The dollar reduction will be equated to an equivalent length of pile not to exceed the total pile length constructed utilizing the subject LOT based on the following formula: PLR = RC/UC Where: PLR = Equivalent Pile Length Reduction in feet [meters] RC = Total Reduction in payment, dollars UC = Unit Cost of pile, dollars /foot [dollars /meter] 455 -44 Pile Installation. Meet the following requirements: 1. Locate the piles as shown on the drawings. 2. Should soft, compressible muck, organics, clay or other unsuitable materials (non A -1, A -3, A -2 -4 or limestone materials) be encountered, remove the unsuitable material to a -' maximum depth of 5 feet [1.5 m] and a maximum diameter about the pile centerline, not to exceed 1/2 of the distance to the adjacent pile. Backfill with clean granular backfill materials (A- 1, A -3, A -2 -4), placed and compacted in maximum 12 inch [300 mm] lifts to at least 95% of maximum dry density as determined by AASHTO T 180. Complete this work to the Engineer's satisfaction prior to auger cast pile construction. Should more than 5 feet [1.5 m] or excessive quantities of unsuitable material be encountered, immediately advise the Engineer and proceed with the work as directed by the Engineer. 3. Provide continuous auger flighting from the auger head to the top of auger with no gaps or other breaks, uniform in diameter throughout its length, and of the diameter specified for the piles less a maximum of 3 %. Provide augers with a distance between flights of approximately half the diameter of the auger. 4. Use augers with the grout injection hole located at the bottom of the auger head below the bar containing the cutting teeth, and with pile auger leads containing a bottom guide. 5. Construct piles of the length and diameter shown on the drawings. J -SS -147 2 -26 -03 6. Place piles by rotating a continuous flight hollow shaft aul & & 7ounl;` a continuous rate that prevents removal of excess soil. Stop advancement after reaching th predetermined depth. 7. Should auger penetration to the required depth prove difficult due to hard materials /refusal, the pile location may be predrilled, upon approval of the Engineer, through the obstruction using appropriate drilling equipment, to a diameter no larger than 1/2 the prescribed finish diameter of the auger cast pile. Commence auger cast pile construction immediately upon predrilling to minimize ground loss and soil relaxation. Should non - drillable material be encountered preventing placement to the depth required, immediately advise the Engineer and proceed with the work as directed by the Engineer. Refusal is defined as the depth where the penetration of the standard auger equipment is less than 12 inches /minute [300 mm/minute]. 8. Plug the hole in the bottom of the auger while being advanced into the ground. Remove the plug by the grout or with the reinforcing bar. 9. Pump the grout with sufficient pressure as the auger is withdrawn to fill the auger hole, preventing hole collapse and to cause the lateral penetration of the grout into soft or porous zones of the surrounding soil. Carry a head of at least 5 feet [1.5 m] of grout above the injection point around the perimeter of the auger to displace and remove any loose material from the hole. Maintain positive rotation of the auger at least until placement of the grout. 10. Once the grout head has been established, stop or greatly reduce the speed of rotation of the auger and commence extraction at a rate consistent with the pump discharge. Maintain extraction at a steady rate to prevent a locked -in auger, necking of the pile, or a substantially reduced pile section. Grout should start flowing out from the hole when the cutting head is within 5 feet [1.5 m] of the ground surface. Place a total volume of grout of at least 115% of the theoretical volume for each pile. If the cutting head reaches the ground surface without any grout, redrill the pile under the direction of the Engineer. If grouting is interrupted for any reason, reinsert the auger by drilling at least 5 feet [ 1.5 m] below the tip of the auger when the interruption occurred, and then regrout. Use this method of placement at all times. Do not depend on the stability of the hole without the earth filled auger. Place the required steel reinforcement while the grout is still fluid, but no later than 1/2 hour after pulling of the auger. 11. Assume responsibility for monitoring the grout volume placed and document for each 6.5 feet [2 m] of pile grouted/placed. If less than 115% of the theoretical volume of grout is placed in any 6.5 foot [2 m] increment (until the grout head on the auger flighting reaches the ground surface), reinstall the pile by advancing the auger 10 feet [3 m] or to the bottom of the pile if that is less, followed by controlled removal and grout injection. 12. Maintain accurate records showing the placement depth of each pile and the amount of material used in each pile. Note any unusual conditions encountered during the installation. 13. Furnish and install the reinforcing steel and anchoring bolts as shown in the Contract drawings. 14. Use reinforcement that is without kinks or nonspecified bends, free of mud, oil or other coatings that could adversely affect the bond. Make splices in reinforcement as shown on the Contract drawings, unless otherwise approved by the Engineer. 15. Leave any temporary supports of /for items placed into a grouted pile (reinforcement template, anchor bolt template, precast column supports, etc.) in place until the grout reaches a minimum of 50% design strength or three days cure time, whichever is earlier. Do not place wall panels or other significant loads, before the grout has set a minimum of seven days or reached the 28 day strength. J -SS -148 2 -26 -03 455 -45 Construction Tolerances. Locate piles as shown on the drawings, or as otherwise directed by the Engineer. Locate pile centers to an accuracy of ±3 inches [ ±75 mm]. Ensure that the top of pile elevation is within an accuracy of ±3 inches [ ±75 mm] of the plan elevation. Locate all precast post, anchor bolts, etc. within the following tolerances unless otherwise shown in the plans: variation from plum ( ±1/4 inch /post height [±6 mm/post height]); specified elevation ( ±1/2 inch [ ±13 mm]); and specified location ( ±1/4 inch [ ±6 mm]). 455 -46 Unacceptable Piles. Repair or replace unacceptable piles, as directed by the Engineer, at no cost to the Department. Unacceptable piles are defined as piles that fail for any reason, including but not limited to the following: piles placed out of position or to improper elevation; piles with reduced cross section, contaminated grout, lack of grout consolidation (honeycombed), or deficient grout strength; and piles with reinforcement, anchor devices or other components cast or placed into the fluid grout out of position. 455 -47 Auger Cast Pile Installation Plan. At the preconstruction conference, but no later than 30 days before auger cast pile construction begins, submit an auger cast pile installation plan for approval by the Engineer. _ Provide the following detailed information on the plan: 1. Name and experience record of auger cast pile superintendent or foreman in �. responsible charge of auger cast pile operations. Place a person in responsible charge of day to day auger cast pile operations who possesses satisfactory prior experience constructing shafts similar to those described in the Contract documents. The Engineer will give final approval subject to satisfactory performance in the field. 2. List and size of the proposed equipment, including cranes, augers, concrete pumps, mixing equipment etc., including details of proposed pump calibration procedures. 3. Details of pile installation methods. 4. Details of reinforcement placement and method of centering in pile, including details of all temporary supports for reinforcement, anchor bolts, precast columns, etc. 5. Details of how and by whom the grout volumes will be determined, monitored and documented. 6. Required submittals, including shop drawings and concrete grout design mixes. - 7. Other information shown in the plans or requested by the Engineer. 455 -48 Inspection and Records. The Engineer will monitor pile installation. Maintain records of each pile installed, separate from those of the Engineer, showing: 1. Pile location 2. Ground elevation 3. Pile length _. 4. Tip elevation 5. Pile top elevation 6. Pay length (when piles are paid for separately) �. 7. Overburden length (length cast above the final grade point) 8. Pile diameter 9. Quantity of grout placed per yard [meter] of pile length J -SS -149 2 -26 -03 16B? 14 10. Theoretical quantity of grout required 11. Drilling time 12. Grouting time 13. All other pertinent data relative to the pile installation 14. Grout truck time of arrival to the site and batch time 15. Flow cone (consistency) results 455 -49 Method of Measurement. 455 -49.1 Protection of Existing Structures: The quantity to be paid for, when included in the Contract Documents, will be at the Contract lump sum price. 455 -49.2 Auger Cast Pile: The quantity to be paid for will be at the Contract unit price per foot [meter] between tip and required pile top elevations for all piles completed and accepted. 455 -50 Basis of Payment. 455 -50.1 Protection of Existing Structures: When separate payment for Protection of Existing Structures is provided, price and payment will be full compensation for all work necessary to evaluate the need for, design of, and to provide the necessary features to protect the existing structures, including all cost of work shown in the plans or described herein for protection of existing structures. When a separate payment for Protection of Existing Structures is not provided, the cost of settlement monitoring will be included in the cost of the structure. Work ordered by the Engineer for protection of existing structures, other than settlement monitoring, will be paid for as Unforeseeable Work. 455 -50.2 Auger Cast Piles: Price and payment will be full compensation for all labor, materials, and incidentals for construction of auger cast piles of the sizes and depths indicated on the Contract drawings or otherwise required under this Contract. Price and payment will also include the removal and proper disposal off site of all spoil from the auger operation and all excess grout displaced from the auger hole, unless otherwise approved by the Engineer. Work to remove and replace unsuitable material when necessary as specified in 455 -44 will be considered Unforeseeable Work. 455 -50.3 Payment Items: Payment will be made under: Item No. 455- 18- Protection of Existing Structures - lump sum. Item No. 2455- 18- Protection of Existing Structures - lump sum. Item No. 455 -112- Auger Grouted Piles - per foot. Item No. 2455 -112- Auger Grouted Piles - per meter. 25. CONCRETE SIDEWALK — METHOD OF MEASUREMENT. ARTICLE 522 -9 (Page 654). The text is deleted and the following substituted: 522 -9 Method of Measurement. The quantity to be paid for will be plan quantity, in square yards [square meters], completed and accepted. 26. GUARDRAIL - CERTIFICATION. ARTICLE 536 -2 (Pages 666 -668) is expanded by the following: J -SS -150 2 -26 -03 16B7'� 536 -2.6 Certification: Provide the Engineer a certification from the manufacturer confirming that all materials (timber or steel posts, anchor and offset blocks, reflector elements, - and all other accessories) meet the requirements of this Section, Section 6 and the Roadway and Traffic Design Standards. Provide the Engineer a copy of the certification at least ten days prior _ to guardrail construction. Also furnish the Engineer a Certificate of Compliance certifying that the guardrail system, materials and construction practices comply with applicable Design Standards and _. Specifications. Acceptance of furnished material will be based on the Certificate of Compliance, material certification and visual inspection by the Engineer. 27. SODDING — WATERING. (REV 3- 10 -00) (FA 4 -5 -00) (1 -01) SUBARTICLE 575 -3.3 (Pages 703 and 704) is deleted and the following substituted: 575 -3.3 Watering: Thoroughly water the sod immediately after placing. Do not water in excess of 1 inch per acre [60 mm per hectare] per week for establishment. 28. ACCEPTANCE OF SIGNAL INSTALLATIONS. ARTICLE 611 -2 (Page 717) is expanded as follows: 611 -2.3 As -Built Drawings: As a condition precedent to acceptance under 611 -2.1 or -. 611 -2.2, furnish as -built drawings of all signal installations in accordance with the following requirements: 611 -2.3.1 Submittal Requirements: Submit three sets of as -built plans for review - by the Engineer on 24 by 36 inches standard sheets created from reproductions of the original 11 by 17" plan sheets that have been enlarged to 200 %. Record all as -built information using block lettering or typed text to ensure legibility. Signing and pavement marking plan sheets may be - used instead of signalization plan sheets, if a substantial number of changes from the original signalization plans must be recorded. Make any corrections resulting from the Engineer's review, and resubmit three sets of the completed as -built plans as a condition precedent to acceptance of the installation. 611 -2.3.2 Components: Include as -built information for all components of the signal installation. As a minimum, identify the following components in the format indicated -" below. 611 - 2.3.2.1 Conduit and Cable: Identify all conduit and cable with unique linestyles for routing (overhead, conduit, saw cut, etc.) that are clearly identified in a legend on each sheet. Identify the type of cable (i.e., 7 conductor signal cable) and label the number of conductors, fiber strands or other identifying features of the cable. For conduit, clearly note conduit size and number of runs. 611- 2.3.2.2 Loops: Identify the location of all installed loops (including the distance from the stop bar for the advance loops), the path of each loop to the pull box, the _. loop window and the path of the loop lead -in to the controller cabinet. 611 - 2.3.2.3 Pull Boxes: Label abandoned and unused pull boxes clearly. Show dimensions for each pull box from the nearest edgeline and stop bar. If an edgeline is not J -SS -151 2 -26 -03 1667' near a pull box or would not clearly identify its location; a fixed monument may be used (i.e. signal pole). 611 - 2.3.2.4 Poles: Locate Poles from the nearest edgeline of both approaches. If an edgeline is not near a pole or would not clearly identify its location, a fixed monument may be used. 611- 2.3.2.5 Signal Heads: Locate all signal heads with respect to the pavement markings. Each signal head shall be identified by its corresponding movement number. 611 - 2.3.2.6 Cabinet: Clearly locate the cabinet. The type of cabinet and controller manufacturer along with the model number shall be provided. A cabinet corner "blow up" shall be provided detailing pull box locations with all conduit and cable per 611 - 2.3.2.1 and 611 - 2.3.2.3. 611 - 2.3.2.7 Preemption: Clearly locate all preemption equipment. The type of preemption equipment and the manufacturer along with the model number shall be provided. Additionally, the type of communication medium (i.e. closed loop) shall be identified. Any underground conduit and cable as well as pull boxes shall be per 611 - 2.3.2.1 and 611- 2.3.2.3. 611 -2.3.4 Compensation: All costs involved with providing as -built plans is incidental to the other items of work associated with traffic signals. 29. SIGNAL AND INTERCONNECT CABLE. SECTION 632 (Pages 728 -730). The text is deleted and the following substituted: SECTION 632 SIGNAL AND INTERCONNECT CABLE 632 -1 Description. Install underground and aerial signal and interconnect cable. 632 -2 Materials. Use materials meeting the requirements of Section A632 of the current Minimum Specifications for Traffic Control Signal Devices (MSTCSD), except as provided in 603 -2.2. 632 -3 Installation Requirements. 632 -3.1 Number of Conductors: Determine the number of conductors required for each signal and interconnect cable unless specified in the Contract Documents. Provide two spare conductors within the interconnect cable. Terminate conductors within controller cabinets as specified below. Provide three spare conductors for each signal cable used at all signal installations. Install the three spare conductors from the controller cabinet through each signal head disconnect hanger to the furthermost disconnect hanger. For non -span wire installations, install the three spare conductors from the controller cabinet through each signal to the furthermost signal. Ground spare signal cable conductors in the controller cabinet. In the disconnect hanger, terminate spare wires at the terminal strip. Individually cap or tape any additional spares in the disconnect hanger. Identify all spare conductors in a controller cabinet as spare signal conductors or spare interconnect conductors, and ground them to the controller cabinet ground bus bar. Provide J -SS -152 2 -26 -03 U B7 111 spare conductors within the controller cabinet of sufficient length to reach the furthermost field ' wiring terminals in the cabinet. _ 632 -3.2 Number of Cables: Do not install more than four separate cables at any point on a single support wire. 632 -3.3 Protection of Cable: Ensure cable drawn through conduit, ducts, drilled holes protected by a rubber grommet, or support structures is installed in such a manner as to prevent damage to conductors or insulation. 632 -3.4 Cabling for Mast Arm Assembly: Continuous lengths of cable between the traffic - signal controller cabinet, signal heads (or disconnect hangers), pedestrian signal heads and pedestrian detectors will be allowed only when specified in Contract Documents. Attach strain relief approved by the Engineer to the "J" hook inside the mast arm pole. 632 -3.5 Cable Terminations: Terminate signal cable in the terminal by inserting the bared conductors into a compression type terminal block and tightening the appropriate screws. When barrier terminal blocks are specified in the Contract Documents, crimp insulated forks or ring terminals to the bared conductors using a calibrated ratchet - crimping tool and connect the forks or ring terminals to the barrier terminal block by tightening the appropriate screws. Neatly form and tie wrap all cable terminations. Ground spare signal cable conductors in the controller cabinet. If disconnect hangers are specified in the Contract Documents, terminate spare wires at the terminal strip located inside the disconnect hangers. Individually cap or tape any additional spares in the - disconnect hanger. Ensure all cable terminations for a mast arm assembly are terminated in the terminal compartment at the base of the mast arm pole. 632 -4 Signal Cable. Install underground and aerial signal cable in accordance with the Roadway and Traffic - Design Standards, Index No. 17727. Except for mast arm assemblies, install signal cable in continuous lengths between the traffic signal controller cabinets, disconnect hangers (or signal heads for non -span wire installations), pedestrian signal heads, and pedestrian detectors. Do not use the neutral return conductor for pedestrian detectors as a neutral return for any other device. 632 -5 Interconnect Cable. Install underground and aerial interconnect cable in accordance with the Roadway and Traffic Design Standards, Index Nos. 17733 and 17841. Install aerial interconnect cable in continuous lengths to and between traffic signal controller cabinets and aerial junction boxes. Except for mast arm assemblies, install underground interconnect cable in continuous lengths to and between traffic signal controller cabinets and above - ground junction boxes. Install terminations between controller cabinets at above - ground interconnect junction boxes. The Contractor may install terminations at intervals less than shown on the plans; however, the Contractor must provide the above - ground junction box, materials, and labor for these terminations at no expense to the Department. Obtain the Engineer's approval of the location of additional junction boxes. J -SS -153 2 -26 -03 1667' 632 -6 Method of Measurement. 632 -6.1 General: Measurement for payment will be in accordance with the following work tasks. 632 -6.2 Furnish and Install: The Contract unit price per intersection for Cable (Signal) and per foot [meter] for Cable (Interconnect), furnished and installed, will include furnishing all material, hardware, support wire, cable ties, cable clamps, lashing wire, terminal connectors, cable grounding and labor necessary for a complete and accepted installation. Payment for Cable (Signal) will be based on the number of intersections at which signal cable is furnished and installed. Payment for Cable (Interconnect) will be based upon the length installed between cable terminations, as determined by the manufacturer's sequential markings printed on the cable jacket, recorded to the nearest foot [meter]. 632 -6.3 Furnish: The Contract unit price of Cable, furnished, will include the cost of the required cable as specified in the Contract Documents, plus all shipping and handling costs involved in delivery as specified in the Contract Documents. 632 -6.4 Install: The Contract unit price per intersection for Cable (Signal) and per foot [meter] for Cable (Interconnect), installed, will include all labor, cable ties, cable clamps, lashing wire, and cable grounding necessary for a complete and accepted installation. The Engineer will supply all cable. Payment for Cable (Signal) will be based on the number of intersections at which signal cable is installed. Payment for Cable (Interconnect) will be based upon the length installed between cable terminations, as determined by the manufacturer's sequential markings printed on the cable jacket, recorded to the nearest foot [meter]. 632 -7 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section. Payment will be made under: Item No. 632- 7- Cable (Signal) - per intersection. Item No. 2632- 7- Cable (Signal) - per intersection. Item No. 632- 8- Cable (Interconnect) - per foot. Item No. 2632- 8- Cable (Interconnect) - per meter. 30. STEEL STRAIN POLES, STEEL MAST ARM AND MONOTUBE ASSEMBLIES. PAGE 740. The following new Section is added after Section 641. SECTION 649 STEEL STRAIN POLES, STEEL MAST ARM AND MONOTUBE ASSEMBLIES 649 -1 Description. The work in this Section consists of furnishing and installing steel strain poles, steel mast arm(s) and monotube assemblies in accordance with the details shown in the Contract Documents. 649 -2 Materials. J -SS -154 2 -26 -03 1687 - Use Steel Strain Poles, Steel Mast Arm and Monotube Assemblies listed on the Department's Qualified Products List (QPL) for all standard configurations shown in the Roadway and Traffic Design Standards. Provide shop drawings and signed and sealed calculations, as needed, in accordance with Section 5 for configurations shown in the plans and denoted as special. Use coating products listed on the Departments Qualified Products List (QPL). Use grouts meeting the requirements of Section 934. 649 -3 Fabrication. Fabricate steel strain poles, steel mast arm and monotube assemblies and miscellaneous hardware in accordance with the Contract Documents. Galvanize all components after cutting to - the final dimensions and welding is completed. Obtain all components for individual steel strain poles, steel mast arm and monotube assemblies from the same fabricator. Obtain the luminaire and bracket from other sources, when necessary. Affix an aluminum identification tag which will be visible from the handhold containing the information described in the Roadway and Traffic Design Standards. Before shipping, assemble steel mast arm and monotube assemblies including luminaire and bracket, to assure proper fit. The steel mast arm and monotube assemblies may be separated for shipment. Ensure all components are protected from damage during shipping and handling by wrapping or other effective methods. Replace any component, which the Engineer determines is damaged beyond repair, at no additional cost to the Department. 649 -4 Painting. 649 -4.1 General: Allow the components to cool completely .after galvanizing and vent gases produced during cool down before painting. When required by the Contract Documents, paint steel strain poles, steel mast arm and monotube assemblies, in accordance with Section 560 and these Specifications. Meet the color requirement as specified in the Contract Documents. Provide the Engineer with two sample chips, 2 x 4 inches [50 x100 mm], of the color and paint system proposed. Measure paint thickness, with either ASTM D 1005 or ASTM D 1186, 649 -4.2 Surface Preparation: Abrasive blast solvent clean surfaces to achieve a brush -off blast condition as defined by SSPC -SP7. Test galvanizing thickness after obtaining a brush -off blast condition to ensure sufficient galvanizing remains on the substrate to meet the requirements of the Contract Documents. Correct any deficient areas to the satisfaction of the Engineer at no additional cost to the Department. Wipe all galvanized surfaces with a solvent in accordance with the Steel Painting Council (SSPC) SSPC -SPI and allow to dry, before applying the paint system. 649 -4.3 Application of Two -Coat Paint System: Prime all pits and imperfections by applying an epoxy primer with a brush. Apply one coat of primer, which when dry will attain a dry film thickness of 4.0 to 6.0 mils [100 to 150 µm]. Ensure the color of the epoxy primer contrast with the galvanizing and the finish paint. Apply one coat of aliphatic polyurethane finish paint, which when dry will attain a dry film thickness of 2.0 to 4.0 mils [51 to 102 µm]. Acquire epoxy primer and aliphatic polyurethane from the same manufacturer. 649 -4.4. Powder Coat Paint System: Coat the exterior of the structure with urethane or triglycidyl isocyanurate (TGIC) polyester powder to a minimum dry film thickness of 2 mils [50 J -SS -155 2 -26 -03 1687'1 µm]. Apply the coating electrostatically and cure by heating the steel substrate to a minimum of 350° F [177° C] and a maximum of 400° F [204° C]. 649 -5 Installation. Install foundations for steel strain poles, steel mast arm and monotube assemblies in accordance with Section 455. Do not install the steel mast arm pole, strain poles or monotube pole(s) until the foundation(s) have cured for a minimum of seven days. Erect strain poles in an orientation which considering the rake and the application cable forces will produce a plumb pole. Erect monotubes plumb at the time of installation. Plumb the pole supporting mast arm(s) after the mast arm(s), traffic signals and/or sign panels have been placed. If the traffic signals and/or sign panels are not in place within two working days after the mast arm is erected, furnish and install a 3 by 2 foot [900 by 600 mm] blank sign panel on the bottom of each mast arm within 6 feet [ 1.8 m] of the mast arm tip and plumb the pole. Re -plumb the pole supporting mast arm(s) after installation of traffic signals and/or sign panel(s). Pour a full grout pad with appropriate weep hole completely filling the void between the base plate and the foundation surface after plumbing the pole. Install nuts on anchor bolts to a snug condition. Install all other bolt, nut and washer assemblies using the turn-of -nut method. Bring all the fastener assemblies (bolts, nuts, and washers) of a steel connection to a "snug tight" condition to ensure that all parts of the connection are brought into full contact with each other. After all of the connection fastener assemblies are in "snug tight" condition, additionally tighten all fastener assemblies in the joint by the applicable amount of nut rotation specified in Table B below: Table B Nut Rotation* From Snug Tight Condition Disposition of Outer Faces of Bolted Parts Bolt Length Measured One Face Normal to Both Faces Sloped Not From Underside of Both Faces Bolt Axis and Other More Than 1:20 From Head to Extreme End of Normal to Bolt Face Sloped Not More Normal to Bolt Axis Point Axis Than 1:20 (Bevel (Bevel Washer Not Used) Washer Not Used) Up to and including 1/3 turn 1/2 turn 2/3 turn 4 diameters Over four diameters but not exceeding 8 1/2 turn 2/3 turn 5/6 turn diameters Over eight diameters but not exceeding 12 2/3 turn 5/6 turn 1 turn diameters* *Nut rotation is relative to bolt, regardless of the element (nut or bolt) being turned. For bolts installed by 1/2 turn and less, maintain a tolerance of ±30 degrees; for bolts installed by 2/3 turn and more, maintain a tolerance of ±45 degrees. * *No research work has been performed by the Research Council on Riveted and Bolted Structural Joints to establish the turn-of -nut procedure when bolt lengths exceed 12 diameters. Therefore, determine the required rotation by actual tests in a suitable tension device simulating the actual condition. 649 -7 Method of Measurement. J -SS -156 2 -26 -03 649 -7.1 General: Measurement for payment will be in accordance Wit"hAokowing' work tasks. 649 -7.2 Furnish and Install: The Contract unit price each for steel strain poles, steel mast — arm and monotube assemblies, furnished and installed, will include all materials specified in the Contract Documents, including the foundation, cover plates, caps, clamps, blank sign panel, luminaire bracket, all labor, equipment, miscellaneous materials and hardware necessary for a complete and acceptable installation. 649 -7.3 Furnish: The Contract unit price each for steel strain poles, steel mast arm and — monotube assemblies, furnished, will include all materials, all shipping and handling costs involved in delivery as specified in the Contract Documents. 649 -7.4 Install: The Contract unit price each for steel strain poles, steel mast arm and -° monotube assemblies, installed, will include the foundation, blank sign panel, all labor, equipment, miscellaneous materials and hardware necessary for a complete and acceptable installation. The Engineer will supply materials as specified in the Contract Documents. 649 -8 Basis of Payment. Price and payment will be full compensation for all work specified in this Section. Sign panels and/or signal assemblies will be paid for separately. Payment will be made under: Item No. 649- Steel Mast Arm Assembly - each. Item No. 2649- Steel Mast Arm Assembly — each. Item No. 649- Steel Monotube Assembly - each. Item No. 2649- Steel Monotube Assembly — each. Item No. 649- Steel Strain Pole - each. Item No. 2649- Steel Strain Pole - each. 31. VEHICULAR SIGNAL ASSEMBLIES — METHOD OF MEASUREMENT. — ARTICLE 650 -4 (Page 742) is expanded as follows: 650 -4.5 Relocate: The Contract unit price per assembly for Traffic Signal, relocate, will -` include the removal of the signal head and installation at the location shown in the plans. This includes signal cable and all other materials necessary for a complete and accepted relocation. ARTICLE 650 -5 (Pages 742 and 743) is deleted and the following substituted: 650 -5 Basis of Payment. - Prices and payments will be full compensation for all work specified in this Section, including all hardware necessary to make a complete unit with proper lens indications, mounting hardware, brackets, drop -pipe, disconnect hangers, bulbs, and any other materials or equipment to make a complete installation. Payment will be made under: Item No. 650 — 5 - Traffic Signal — per assembly. Item No. 2650 — 5 - Traffic Signal — per assembly — 32. SIGN BACKGROUND. SUBARTICLE 700 -2.5 (Page 762) is deleted and the following substituted: J -SS -157 2 -26 -03 1667' 700 -2.5 Sign Background: Meet the requirements of Section 994. Use Type III, IV or V sheeting for background sheeting, white legends, borders and shields on all signs, excluding STOP, DO NOT ENTER, and WRONG WAY. Use Type VII sheeting for STOP, DO NOT ENTER and WRONG WAY signs. Use Type III, IV, V or VII yellow -green fluorescent sheeting only for Sl -1 school advance signs and 52 -1 school crossing signs. Do not mix work zone signs having fluorescent orange sheeting with signs having orange reflective sheeting. SUBARTICLE 700 -3.8 (Page 763) is deleted and the following substituted: 700 -3.8 Process Colors: Use transparent and black opaque process colors meeting the requirements of 994 -4 on reflective sheeting. 33. CONCRETE CULVERT PIPE (ROUND). SUBARTICLE 941 -1.1 (Page 876) is deleted and the following substituted: 941 -1.1 General Specifications: Concrete pipe shall meet the design requirements of the class of pipe called for in the plans and the specific requirements of this Section. The process of manufacture and the details of the pipe design, including strength of concrete, will comply with the Standard Operating Procedure for the inspection of Precast Drainage Products. SUBARTICLE 941 -1.2 (Page 876) is deleted and the following substituted: 941 -1.2 Specific Requirements: 941 -1.2.1 Steel Reinforced Concrete Pipe: Meet ASTM C 76 [ASTM C 76M] and the modifications to ASTM C 76 [ASTM C 76M] set forth in 941 -1.3. For Special Designs meet the requirements of ASTM C 655 [ASTM C 6551. Pipe designated Class S, will meet the requirements for ASTM C 655 [ASTM C 655] and the 0.01 inch [0.03 mm] crack and ultimate D — loads given on the Roadway and Traffic Design Standards, Index 205. Such pipe shall be properly marked. 942 -1.2.2 Non - Reinforced Concrete Pipe: Meet ASTM C 985 [ASTM C 985M] and the ultimate D — loads given on the Roadway and Traffic Design Standards, Index 205 with the following exception: Modify material requirements set forth in ASTM C 985 [ASTM C 985M] with the material requirements set forth in 941- 1.3(a). Such pipe shall be properly marked. SUBARTICLE 941 -1.5 (Page 877) is deleted and the following substituted: 941 -1.5 Special Requirements for Pipe Joints when Rubber Gaskets are to be Used: SUBARTICLE 941 -1.5.1 (Page 877) is deleted and the following substituted: 941 -1.5.1 General: When rubber gaskets are to be installed in the pipe joint, the gasket shall be the sole element relied on to maintain a tight joint. Test pipe joints at the plant hydrostatically using test methods in ASTM C -443. Soil tight joints must be watertight to 2 psi J -SS -158 2 -26 -03 1687 `I [13.8 kPa]. Watertight joints must be watertight to 5 psi [34.5 kPa] unless a higher pressure rating is required in the plans. ARTICLE 941 -1 (Pages 876 -878) is expanded by the following new Subarticle: 941 -1.7 Modifications to ASTM C 1450: Modify the provisions of ASTM C 1450 with the following: Material requirements shall meet requirements set forth in 941- 1.3(a). In addition, fiber reinforced concrete pipe shall be designated Class S, Class I, Class II, Class III and Class IV. The corresponding strength requirements are given in the following table: Minimum Long -Term Service D -Load: Pipe Class D Load N /m/mm D Load Lb /ft/ft S 30 600 I 40 800 II 50 1000 III 65 1350 IV 100 2000 The manufacturer shall provide the relationship between short-term crush loads required to achieve 100 -year long -term design loads. In addition, the manufacturer shall provide the relationship between the saturated and dry crush loads. The minimum dry crush load shall not be less than a factor of 2 times the long -term service load. The short term crush load shall be determined as required in Section 10.2 of ASTM C 1450 except the specimen shall be tested by the appropriate section of ASTM C 497, External Load Crushing Strength by the Three -Edge Bearing Test Method. Expand Section 5.1 of ASTM C 1450 with the following: The manufacturer shall state the type of fiber used in the pipe and provide the Department with documented evidence that the fibers employed are compatible with other materials of manufacture. The pipe manufacturer will establish quality control assurance procedures to ensure that the fibers used in the manufacture of the pipe are of consistent composition and quality. The assurance procedures will be subject to the approval of the Department. Expand Section 6 of ASTM C 1450 with the following: The manufacturer shall state the minimum wall dimensions of the pipe that complies with the minimum crush loads presented in the table above. _. In lieu of Section 6.2 of ASTM C 1450 meet the following: The under run in length of a section of pipe shall not be more than 1/8 in/ft [10 mm/m] with a maximum of 1/2 inch [12.7 mm] in any single pipe. -• In lieu of Section 6.3 of ASTM C 1450 meet the following: The average inside diameter shall not be less than the nominal size by more that 0.25 inch [6 mm] or 1.5% of the nominal size, whichever is the greater value. In lieu of Section 7.1 of ASTM C 1450 meet the following: All material tested under this Specification shall be tested in the saturated condition after immersion in water at an ambient temperature above 41 °F [5 °C] for a period of 21 to 28 days immediately prior to testing. In lieu of Section 8 of ASTM C 1450 meet the following: Each length of pipe shall be provided with a joint for the purpose of maintaining alignment and to ensure a close joint. Joints shall be of a design and the ends of the pipe sections are laid together they will make J -SS -159 2 -26 -03 16B7 a continuous line of pipe with a smooth interior free of appreciable irregularities and compatible with the tolerances in Section 6. 34. RAISED RETRO- REFLECTIVE PAVEMENT MARKERS — PERFORMANCE REQUIREMENTS. SUBARTICLE 970 -1.3 (Pages 911 and 912) is deleted and the following substituted: 970 -1.3 Performance Requirements: The RPM shall meet the performance requirements specified in ASTM D 4280, Section 6.2, for luminous intensity, flexural strength, compressive strength, resistance to cracking, and thermal cycling, as modified herein. Test method FM 5 -566 will be used to evaluate marker performance. 970 -1.3.1 Class A Markers: Meet the coefficient of luminous intensity requirements of ASTM D 4280. Abrasion treatment is not required for Class A Markers. 970 -1.3.2 Class B (Abrasion Resistant) Markers: Meet the coefficient of luminous intensity requirements of ASTM D 4280 after abrasion. Each marker shall be marked as abrasion resistant by the manufacturer. 970 -1.3.3 In- service Minimum Reflective Intensity: The Class B reflective pavement marker shall retain a minimum coefficient of luminous intensity for 12 months of not less than 25% of the values shown in Table 1 of ASTM D 4280, and a minimum luminous intensity of 0.2 cd/fc at the end of two years. 35. COMMERCIAL FERTILIZER - CERTIFICATION. SECTION 982 (Page 95 1) is expanded as follows: 982 -2 Certification. The Contractor shall provide the Engineer a certified test report from the manufacturer of the commercial fertilizer confirming that the requirements of this Section are met. The certified test report shall conform to the requirements of Section 6 and include test results for total nitrogen, available phosphoric acid, water - soluble potash, and sulfur. Each certification shall cover one batch per type for dry type fertilizer. 36. HIGHWAY LIGHTING MATERIALS — CERTIFICATION. ARTICLE 992 -4 (Page 955) is expanded by the following Subarticles: 992 -4.1 Certification: The Contractor shall provide the Engineer a certification conforming to the requirements of Section 6 from the manufacturer of the luminaries and electrical ballasts confirming that the requirements of this Section are met. Each certification shall cover only one LOT for luminaries and/or electrical ballasts. 992 -4.2 Qualified Product List: Luminaries shall be one of the products listed on the Qualified Products List. Manufacturers seeking evaluation of their product shall submit an application in accordance with Section 6. 37. REFLECTOR UNITS FOR GUARDRAIL - CERTIFICATION. SUBARTICLE 993 -5.4 (Page 964) is deleted and the following substituted: J -SS -160 2 -26 -03 Y�' 1 993 -5.4 Qualified Products List: Markers used to delineate guardrail shall be one of the products listed on the Qualified Products List. Manufacturers seeking evaluation of their product shall submit an application in accordance with Section 6. ARTICLE 993 -5 (Pages 963 and 964) is expanded as follows: 993 -5.5 Certification: The Contractor shall provide the Engineer a certified test report from the manufacturer of the guardrail reflector unit confirming that the requirements of this Section are met. The certified test report shall conform to the requirements of Section 6 and include the specific intensity of the colorless and amber reflectors, and the material of construction. Additionally, reflective sheeting certifications specified in Section 994 shall be provided. Each certification shall cover only one batch per type for reflector units for guardrail. 38. RETROREFLECTIVE AND NONREFLECTIVE SIGN SHEETING, SECTION 994 (Pages 964 -973) is deleted and the following substituted: SECTION 994 RETROREFLECTIVE AND NONREFLECTIVE SIGN SHEETING 994 -1 Description. 994 -1.1 General: This Section specifies the requirements for retroreflective and nonreflective sheeting materials, transparent and opaque process inks for retroreflective sheeting materials, and film overlays for traffic control devices. The sheeting materials used shall be one of the products included on the Qualified Products List (QPL), as specified in 6 -1. 994 -1.2 Classification: Retroreflective sheeting materials shall be classified in accordance with ASTM D4956. In addition, a Type VII reflective sheeting is added for a super high retroreflective sheeting with high performance angularity properties. 994 -2 Materials. Retroreflective sign sheeting, screen processing inks, and film overlay materials used for any of the applications described herein shall be one of the products included on the QPL, as specified in 6 -1. The retroreflective sheeting shall meet the requirements of Types III, IV, V, VI in ASTM D4956 or VII listed below in accordance with their approved usage. Samples shall be taken in accordance with the Department's Sampling, Testing and Reporting Guide Schedule and on a random basis at the discretion of the Engineer. - 994 -3 Physical Requirements. 994 -3.1 Testing: The retroreflective sheeting shall be tested in accordance with ASTM D4956 and the Florida Test Method for retroreflective and nonreflective sheeting, FM 5 -571. For retroreflectivity, the sheeting materials shall meet the minimum requirements as stated for 0.2 degree and 0.5 degree observation angles in ASTM D4956. Evaluation of test samples shall be field tested in accordance with FM 5 -571 for each color. 994 -3.2 Retroreflective Intensity: The retroreflective sheeting shall meet the requirements in ASTM D4956 for the overall performance of each property listed. In addition to minimum coefficients of retroreflection listed in ASTM D4956, yellow -green fluorescent sheeting shall J -SS -161 2 -26 -03 16B7411, have a minimum coefficient of retroreflection of 200 at 0.2 /4, 100 at 0.2 /30, 80 at 0.5 /4 and 45 at 0.5 /30 (observation angle /entrance angle) for ASTM D4956 Tables 4, 5, 7 and 9. Type VII requirements are listed in Table 13 below. 994 -3.3 Color: The retroreflective and nonreflective sheeting or film shall have the same daytime and nighttime color when viewed by reflective light regardless of type classification. The diffused color of the retroreflective sheeting, through instrumental color testing, shall conform to the requirements of ASTM D4956. In addition to ASTM D4956 Table 10, a yellow -green fluorescent color shall meet the following x, y chromaticity coordinates: The daytime luminance for yellow -green fluorescent sheeting shall have a luminance factor of 35 minimum in addition to ASTM Table 8, respectively. Fluorescent Yellow/Green 1 387 .368 .421 .460 610 .539 .486 .540 994 -3.3.1 Accelerated Outdoor Test: The retroreflective and nonreflective materials shall meet the ASTM D4956 weathering requirements for performance. Retroreflective materials shall meet the minimum coefficient of retroreflection as listed in Table 11 in accordance with FM 5 -571. 994 -3.4 Adhesive Backing: 994 -3.4.1 General: The adhesive backing of the retroreflective and nonreflective sheeting or film shall be either Class 1, Class 2 or Class 5 per ASTM D956, Section 4.3. The retroreflective and nonreflective sheeting or film, after application, shall tightly adhere to the application surface and show no discoloration, cracking, crazing, blistering or dimensional change. 994 -3.4.2 Protective Liner: The protective liner over the adhesive backing shall be removable from the adhesive backing by peeling without soaking in water or other solvents and without breaking, tearing or removing any adhesive from the adhesive backing in accordance with ASTM D4956, Section 7.10. 994 -3.5 Film: The exterior film of the sheeting shall be a flexible, smooth - surfaced, moisture - resisting material and shall have sufficient strength and flexibility to be easily handled, cut to shape, processed and applied without stretching, tearing, or other damage. In addition, retroreflective sheeting shall have a transparent exterior film. 994 -3.6 Tensile Strength: The retroreflective and nonreflective sheeting or film shall have a minimum tensile strength of five pounds -force so that the sheeting can be handled, processed and applied without damage to sheeting. The tensile strength shall be tested in accordance with ASTM D882. 994 -3.7 Physical Properties: The retroreflective and nonreflective sheeting or film material shall meet the ASTM D956 minimum requirements for specular gloss, shrinkage and flexibility. 994 -3.8 Workability: The retroreflective and nonreflective sheeting or film shall permit pre - application handling, positioning, cutting by hand or die machine and oven drying. In addition, retroreflective sheeting shall permit color processing. 994 -3.9 Chemical Resistance: The retroreflective and nonreflective sheeting or film shall be chemically resistant so as to permit cleaning with naphtha and mineral spirits, turpentine, mild soaps, detergents and alcohol. J -SS -162 2 -26 -03 994 -3.10 Color Processibility: The retroreflective sheeting shall permit color processing with compatible transparent and opaque process inks as approved by the sheeting manufacturer and listed on the QPL. Table 13 Type VII Sheeting Minimum Coefficient of Retroreflection (cd/(Foot- candle ft2)) [(cd/((lx m2))] Observation/ Entrance Angle (degree) White Yellow Red ran a lue reen rownOran Fluorescent e Fluorescent Yellow Fluorescent Yellow/Green 12/4 380 304 95 250 19 38 19 180 220 360 15/4 250 195 55 100 12 125 8 160 145 235 2/30 220 176 48 110 11 122 9 85 125 205 0.5/30 135 105 30 50 7 114 3 133 75 125 �ote: Tables 1 -12 are found in ASTM D4956 994 -4 Direct and Reverse Screen Processing. 994 -4.1 General: The transparent and opaque process inks furnished for direct and reverse screen processing shall be of a type and quality formulated for retroreflective sheeting materials as listed on the QPL and applied in accordance with the manufacturer's instruction. Screen processing in accordance with the techniques and procedures recommended by the manufacturer shall produce a uniform legend of continuous stroke width of either transparent or opaque ink, with sharply defined edges and without blemishes on the sign background that will affect the intended sign use. The process inks shall be one of the products listed on the QPL. 994 -4.2 Retroreflective Intensity: Finished signs produced by the reverse screening process using transparent ink with retroreflective sheeting shall meet the minimums as specified in 994 -3.2. 994 -4.3 Color: The diffused daytime color of the finished transparent process inks shall conform to the requirements as specified in 994 -3.3. 994 -5 In- Service Minimum Requirements. The retroreflective sheeting and screen processed retroreflective sheeting shall have the minimum coefficient of retroreflection as shown in ASTM D4956, Table 11 for minimum coefficient of retroreflection using an observation angle of 0.2 degrees and an entrance angle of - 4 degrees. In addition, Type VII sheeting materials shall have a minimum coefficient of retroreflection of 80% of the values listed in Tablel3. The satisfactory predicted performance life for overlay films, black process inks and lettering shall equal the number of predicted performance life years of the retroreflective sheeting to which it is applied. Type III, IV, V and VII sheeting materials shall have a minimum performance life of at least ten years for each color - except orange and fluorescent orange which shall have a minimum performance of at least three years and all other fluorescent colors which shall have a minimum performance of at least seven years. Performance life shall be based on the performance requirements of ASTM D4956 and FM 5 -571. 994 -6 Packaging and Labeling. J -SS -163 2 -26 -03 f 1-6B7 Shipment shall be made in containers which are acceptable to common carriers and packaged in such a manner as to ensure delivery is in perfect condition. Each package shall be clearly marked as to the name of the manufacturer, type, color, quantity enclosed and date of manufacture. Show the type designation of the sheeting in accordance with ASTM D4956 and this Specification. 994 -7 Certification. The Contractor shall be required to furnish to the Engineer one certified test report from the sheeting manufacturer documenting that the retroreflective sheeting meets the requirements of this Section. The certified test report shall include test results for retroreflectivity, color, adhesive backing properties, film description, tensile strength, specular gloss, shrinkage, flexibility and chemical resistivity. The certified test report shall affirm the product meets all the requirements specified. If test results indicate significant inconsistencies in material properties, new qualification tests and/or comparison with original infrared spectroscopic values may be required. Each certification shall cover only one type of retroreflective or nonreflective sheeting or film. The certification shall meet the requirements in Section 6. Due to the wide range of applications of the products within some types, the certification shall additionally state that this product is recommended for use on this specified project. 994 -8 Qualified Products List. 994 -8.1 General: All reflective and nonreflective sheeting materials and process inks shall be one of the products listed on the QPL. Products may only be used for applications recommended by the manufacturer. A notation of the sheeting materials approved for the inks may be placed on the QPL. 994 -8.2 Other Requirements: Manufacturers seeking approval of sheeting material products shall submit an application, Material Safety Data Sheet (MSDS), and certification. Non - sheeting materials may be submitted under this Section with reference to specific equivalency of performance requirements of overall end product. Final acceptance will be based on tests and verification in accordance with this Specification, FM 5 -571 and 6 -1. 994 -9 Samples. Field samples will be obtained in accordance with the Department's Sampling, Testing and Reporting Guide Schedule. END OF SUPPLEMENTAL SPECIFICATIONS J -SS -164 2 -26 -03 LAKELAND AVENUE COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 TECHNICAL SPECIAL PROVISIONS TECHNICAL SPECIAL PROVISION NO. I BRICK PAVER TRAFFIC SEPARATOR PART I- GENERAL 1.01 SUMMARY 1607 This section specifies requirements for the preparation aggregate base, supplying and installation of brick paving is shown on the drawings and include: 1. Hand tight joints, sand filled on 6" limerock aggregate base. 2. See detail on plans. 1.02 RELATED SERVICES 1. Preparation of subgrade 2. Applications of soil sterilant 3. Type F Curb and Gutter 1.03 SERVICES INCLUDED 1. Initiate and submit a notice of intent in accordance with the permit requirements. 2. Provide permit fee 3. Supply and place base course materials 4. Supply and install pavers of quality, shape, thickness and color as specified. 5. Supply and place all accessory items as required by the contract. 1.04 DESCRIPTION OF WORK 1. The extent of the paver work is as shown on the drawings and/or as specified herein. 2. Layout pattern shall be herringbone pattern, 45 degree with a single course border or as shown on the drawings. 1.05 QUALITY ASSURANCE A. Qualifications: 1. Installer: Subcontract brick paving work to a firm with not less than 3 years of successful experience in the required types of applications. 2. Sample Installation: Prior to the installation of brick paving work, fabricate -- sample panel using materials. Build panel at the site as directed, of full thickness and approximately 4'x3', in the completed work. Obtain Landscape Architect's acceptance of visual qualities of the panel before start of brick - paving work. Retain panel during construction as a standard judging TSP -1 G l completed brick paving work. Do not alter, move or destroy sample panel until work is completed. Provide a sample panel for each type of brick paving required. Do not change the source of brands of brick or related materials during progress of work. 1.06 SUBMITTALS A. Product Data: For information only, submit 2 copies of the manufacturer's technical data for each manufactured product, including certification that each product complies with the specified requirements. Include instructions for handling, storage, installation and protection of each product. Transmit copy of each instruction to the Installer. B. Samples: Submit 2 samples of each type of paving brick required. Include in each set the full range of exposed color and texture to be expected in the completed work. Landscape Architect's review will be for color and texture only. Compliance with all other requirements is the exclusive responsibility of the Contractor. 1.07 JOB CONDITIONS Site requirements: No concrete pavers shall be laid on improperly prepared base. Protection of Work: At the end of each work period, protect unrestrained edges with plywood or similar material. PART 2 — PRODUCTS 2.01 MATERIALS A. PRECAST CONCRETE BRICK PAVING UNITS: The interlocking pavers shall follow the design criteria of ASTM C- 936 -82 with compressive strength minimum 8,000 psi. Base material to be designed and paver installation in accordance to the guidelines of National Concrete Masonry Association "Structural Design of Concrete Block Pavements." The aggregate length of chips on a single unit shall not exceed 10% of the perimeter of the exposed face of paver. Pavers with edge chips exceeding 5/16" and corner chips 1 /2" are considered replaceable. 1. CEMENTIOUS MATERIALS: Portland Cement shall conform to ASTM Specification C -150. 2. AGGREGATES: Aggregates shall conform to ASTM Specification C -33 for Normal Weight Concrete Aggregate (no expanded shall or lightweight aggregates) except that grading requirements shall not necessarily apply. 3. OTHER CONSTITUENTS: Color pigments, air - entraining agents integral water repellents, finely ground silica, etc., shall be previously established as applicable, or shall be previously established as suitable for use in concrete. 4. PHYSICAL REQUIREMENTS: TSP -2 16 B 7 fit,.. i. Compressive Strength- A the time of delivery of the work site, the y1 average compressive strength of the paver units shall not be less than 8,000 psi, with no individual unit strength less than 7200 psi as per - ASTM Specification C936 -82. Testing procedures shall be in accordance with ASTM Specification C -140. ii. Absorption- The average absorption shall not be greater than five - percent (5 %) with no individual absorption greater than seven percent (7 %) as required by ASTM Specification C- 936 -82. 5. SIZE: 3 7 /8 "x 7 7/8" x 2 3/8 ", Klassic Interlocking Paver by Krehling or approved equal 6. COLOR AND TEXTURE: Earth tones or Color Blends Series Krehling or approved equal. 7. APPROVED BRICK COLORS: Paver color to be approved by Landscape Operations/Transportation Operations Department. Border Brick: 1 course Field Brick: Herringbone pattern, 45 degrees 8. VISUAL INSPECTION: All units shall be sound and free of defects that would interfere with the proper placing of the unit or impair the strength of permanence of the construction. Minor cracks incidental to the usual methods of handling in shipment and delivery, shall not be deemed grounds for rejection. 9. BEDDING SAND: In compliance with ASTM Specification C33, the bedding sand shall comprise clean, well - graded sand. The bedding sand shall be dry, sharp and free of organics and deleterious soluble salts or other contaminants likely to cause efflorescence. The sand shall be of uniform moisture content when screeded and shall be protected against rain when stockpiled on site prior to screeding. The moisture content shall be in the range of 4 -8 %. 10. JOINTING SAND: In compliance with ASTM Specification C144- - gradulation for 1 /8" joints -the jointing sand shall be free of organics and soluble salts or contaminants likely to cause efflorescence. 11. GRANULAR BASE: The graded aggregate for the granular base shall comply with ASTM Specification 2940 or equivalent for base material. PART 3 — EXECUTION 3.01 INSTALLATION GENERAL: Do not use brick with chips, voids, discolorations, or other defects, which might be visible or cause staining in the finish work. Cut brick with motor- driven saw equipment designed to cut masonry with clean, sharp unchipped edges. Cut units as required to provide pattern shown and to fit adjoining work neatly. Use full units without cutting wherever possible. Where cutting is required, use TSP -3 14 All 1667 ;,g the largest size brick units possible and avoid the use of small pieces of brick or large mortar or gapped areas. Set Brick patterns with uniform joint widths as indicated. A. Immediately clean up sand on paved and finished surface areas. B. Remove debris and excess materials from project site daily. 3.02 SITE PREPARATION: The site must be stripped of all topsoil, unstable or unconsolidated materials to the grades specified. Further construction will not proceed until the Owner or his representative has inspected the subgrade. 3.03 VERIFICATION OF SUBGRADE: The Contractor shall ensure that the prepared subgrade is protected from damage from inundation by surface water and damage by other trades. No traffic shall be allowed to cross the prepared subgrade. Repair of any damage resulting shall be the responsibility of the Contractor and shall be repaired in a satisfactory manner. Further construction will not proceed until the subgrade has been inspected by the Owner or his Consultant. 3.04 VERIFICATION OF GRANULAR BASE: Place graded aggregate for base over compacted subgrade. Provide compacted thickness of base as indicated. Compacted base shall be 100% of maximum density achieved in accordance with ASTM Specification D.698 (100% Standard Protector maximum Dry Density). Base shall be spread in layers which, when compacted, will not exceed 4 ". Profile of base to be within an allowable local tolerance of 1/2" within 10 feet. The upper surface of the base shall be sufficiently well graded and compacted to prevent infiltration of the bedding sand into the base both during construction and throughout its service life. Segregated areas of the granular base shall be "blinded" by the application of crushed fines that have been watered and compacted into the surface. Further construction will not proceed until the base has been inspected and approved by the Owner or his representative. 3.05 GRANULAR BASE THICKNESS: For roadway applications with well - drained consolidated subgrade or poorly drained unconsolidated subgrade the granular base thickness shall be six inches (6 "). The base shall extend the full width of the pavement and edge restraints plus 4" minimum wherever edge restraints are to be constructed with the pavement. 3.06 EDGE RESTRAINTS: Adequate edge restraint shall be provided; curb and gutter, edge strips or established paving units, shall be installed vertically down to the granular base. All edge restraints specified shall be supported on a compacted base. Install edge restraints prior to installation of pavers. 3.07 SURFACE DRAINAGE: Gradients and cross slopes shall have a minimum value of 2% (1/4" per foot) and shall be channeled to appropriate drains away from any unrestrained edge. TSP -4 3.08 SAND BEDDING COURSE: B_ Spreading: The bedding sand shall be spread loose in a uniform layer to give depth after compaction of the paving units, of between nominally 1 " -1 1 /a ". Under no circumstances shall the bedding layer exceed 1 1 /2" in thickness following compaction of the pavement. Screeding: The spread sand shall be carefully maintained in a loose condition and protected against precompaction by traffic or rain both prior to and following screeding. -` Sand shall be lightly screeded in a loose condition to predetermined depth. Under no circumstances shall the sand be screeded in advance of laying face to an extent to which paving will not be completed on that day. Any screeded sand which is precompacted prior to laying of paving unit shall be brought back to profile in a loose condition. Neither pedestrian nor vehicular traffic shall be permitted on the screeded sand. The Contractor shall screed the bedding sand using either an approved mechanical spreader or by the use of screed guides and boards. 3.09 INSTALLATION OF PAVERS: General: Pavers with excessive chips, cracks, voids, discolorations or other defects shall not be installed (See 2.O1A). Joints: In order to maintain the desired pattern joint spacing must be consistent. For maximum interlock, it is recommended that a joint spacing of approximately 1/8" be maintained. This spacing must also be provided for the first row abutting the edge restraint. Alignment: String lines or chalk lines on bedding sand should be used to hold all pattern lines true. Cutting: The gaps at the edge of the paving surface shall be filled with manufactured edge pavers or with pavers cut to fit. Cutting shall be accomplished to leave a clean edge to the traffic surface using a mechanical hydraulic or guillotine cutter or masonry saw. The use of infill concrete or discontinuities in patterns will not be permitted except along the outer pavement boundaries; adjacent to drains, manholes and edge restraints. Sweeping Clean: Upon completion of cutting, the area must be swept clean of all debris to facilitate inspection and to ensure pavers are not damaged during compaction. Inspection of Installed Pavers: After sweeping and prior to compaction, the paved area must be inspected to ensure satisfactory color blending. Pavers can be moved easily at this time to achieve good color distribution. 3.10 INITIAL COMPACTION OF PAVERS: After inspection of the paving units, they shall be compacted to achieve consolidation of the sand bedding and brought to design levels and profiles by not less than three passes of a suitable plate compactor. Compaction shall be accomplished by the use of a plate compactor capable of a minimum of 5000 -pound compaction force. Initial compaction should proceed as closely as possible following installation of the paving units and prior to acceptance of any traffic or application of sweeping sand. TSP -5 �14 nz 3.11 16B7 PAVER INSPECTION: Any units, which are structurally damaged during compaction, removed and replaced, shall be immediately 3.12 JOINTING SAND: The jointing sand shall be spread over the pavement after initial compaction has been completed. This jointing sand shall be spread as soon as is practical after initial compaction and prior to the termination of work on that day. The jointing sand shall be broomed to fill the joints. Excess sand shall then be removed from the pavement surface and the pavers shall be compacted again to settle the jointing sand. 3.13 FINAL COMPACTION OF PAVERS: After jointing sand has been installed and the pavement surface swept clean, final compaction shall be accomplished by not less than two passes of the place compactor. Final compaction should proceed as closely as possible following installation of jointing sand and prior the acceptance of any traffic. Inspection by the Owner or his representative shall determine whether a second application or partial application of jointing sand is required. 3.14 CLEAN UP: Sweep clean all paved areas of excess sand and dirt. Pick up and remove from the site all surplus materials, equipment and debris resulting from this section of the work. 3.15 TOLERANCE OF SURFACE PROFILE: All surface and pavement structures shall be true to the lines, levels, grades, thickness and cross sections as shown on the drawings. All pavements shall be finished to lines and levels to ensure positive drainage at all drainage outlets and channels. In no case shall the cross slope of any portion of the pavement be less than 2 percent (1/4" per foot). The pavement surface shall not deviate by more than 1/2" in 10 feet from a straight edge laid in any direction. PART 4 - METHOD OF MEASUREMENTBASIS OF PAYMENT 4.01 The method of measurement will the number of square yards of brick paver traffic separator furnished and installed, exclusive of the Type F Curb and Gutter which is measured and paid for under a separate item. 4.02 Price and payment will be full compensation for furnishing and installing brick paver traffic separator including brick pavers, granular base, bedding sand and jointing sand. Payment will be made under the following item: Item No. CC526 -1 -1 - Brick Paver Traffic Separator per square yard TSP -6 TECHNICAL SPECIAL PROVISION NO. 2 J L ~'w ra STORMWATER POLLUTION PREVENTION PLAN (NPDES) REQUIREMENTS The Contractor shall be fully responsible for the execution and adherence to all directives, instructions, conditions, issuance of notices, payment of application fees, general condition, special conditions and/or limiting conditions contained in the "Generic Permit for Stormwater Discharge from Construction Activities That Disturb Five or More Acres of Land ", dated October 22, 2000 (This permit may also be known or commonly referred to as a "NPDES" permit). This permit has been issued by the Florida Department of Environmental Protection (FDEP). A copy of this permit is provided in Exhibit K of these contract documents. - The Contractor shall review, administer, perform and comply with requirements and provisions indicated in the following sections of the permit. The Contractor shall be responsible for the payment of any and all fines and/or penalties issued or imposed by the permitting agency for non - compliance with the requirements of this permit pertaining to this project. A " Stormwater Pollution Prevention Plan" has been prepared for this project and is included in the project plans. • Part I — General Provisions • Part II — Definition • Part III — Notice of Intent Requirements — • Part IV — Special Conditions, Management Practices, and Other Non - numeric Limitations • Part V — Stormwater Pollution Prevention Plans • Part VI — Retention of Records • Part VII — Standard Permit Conditions • Part VIII — Termination of Coverage • Notice of Intent form and Instructions • Notice of Termination form and Instructions • Stormwater Pollution Prevention Construction Inspection Report BASIS OF PAYMENT A schedule of payments shall be determined based on the prorating of Contract Time. The maximum monthly payment shall not exceed the percentage determined by dividing one month by the total Contract Time in months times the lump sum amount. The initial monthly payment and subsequent payments will not be made until after submission of the "Notice of Intent" and notification by the permitting agency that the "Notice of Intent" has been accepted and is satisfactory. The final monthly payment will not be issued until after submission of the "Notice of Termination" and notification by the permitting agency that the "Notice of Termination" has been accepted and is satisfactory. Price and payment will be full compensation for satisfactory administration of the requirements of the permit during the life of the construction contract. Payment will be made under the following item: Item No. 104 -99 Stormwater Pollution Prevention Plan (NPDES) per lump sum TSP -7 TECHNICAL SPECIAL PROVISION NO. 1 p B 7 �;1 LAKELAND AVENUE BRIDGE OVER THE COCOHATCHEE CANAL CONSTRUCTION TECHNICAL SPECIFICATIONS This project shall be constructed in accordance with the 2000 Florida Department of Transportation Standard Specifications for Road and Bridge Construction, referenced hereinafter as the Specifications unless otherwise stated in the Technical Special Provisions (TSP) which follow: TSP3 -1. SECTION 360, CONCRETE APPROACH SLABS Add the following specification section: 360 -1 Description: This work shall consist of the construction of concrete approach slabs at each end of the bridge. This includes furnishing and placing the reinforcing steel and concrete as detailed on the plans and in accordance with the Specifications for this project. Subgrade shall be as detailed on the plans and for roadway approaches. 360 -2 Materials: Materials used in this work shall conform to the requirements of Division III and to the requirements detailed on the plans. Specific references or Specifications are as follows: 1) Excavation and Embankment - Section 120 2) Concrete Class IV - Section 346 3) Reinforcing Steel - Section 415 360 -3 Method of Measurement: The quantity to be measured for payment will be the number of approach slabs complete in place. 360 -4 Basis of Payment: The accepted quantity will be paid at the contract unit price for the item "Concrete Approach Slabs- Each ", which will be full compensation for preparing Subgrade, which is comprised of both the sub -base and base courses, furnishing and placing the reinforcing steel and concrete, and the furnishing of all labor, tools, equipment, and incidentals necessary to complete the work. Payment will be made under: Item 400 -2 -10 Class II Concrete (Approach Slabs) per cubic yard TSP -8 TSP3 -2. SECTION 400- CONCRETE STRUCTURES 16B7 Delete the last two paragraphs in FDOT Standard Specifications Section 400 -11.4 and insert the following: Sub - Article 400 -11.4 Bearing Pads: 400 - 11.4.1 Bearing Devices: 400 - 11.4.1.1 Description: This work shall consist of furnishing and installing bearing pads as detailed on the plans and as directed by the Engineer. 400 - 11.4.1.2 Materials: The elastomer for the bearing shall be neoprene rubber with a Shore A Durometer hardness of 50. All materials shall conform to the requirements of the AASHTO Standard Specifications for Highway Bridges and the AASHTO Material Specification M251. In addition, all materials shall be in conformance with Section 932, Article 932 -2.2 of the Specifications. 400 - 11.4.1.3 Fabrication Drawings: Fabrication drawings are not required for these pads. 400 - 11.4.1.4 Method of Measurement: The quantity to be measured for payment will be the number of bearing pads complete and in place. 400 - 11.4.1.5 Basis of Payment: The accepted quantity will be paid at the contract price for each pad, which will be full compensation for fabrication, shipping, handling, and placing the pads and the furnishing of all -- labor, tools, equipment, and incidentals necessary to complete the work. Payment will be made under: Item 400 -129 Bearing Pads — Each TSP -9 NJ. 4687 , { TECHNICAL SPECIAL PROVISION N ; CONFLICTS WITH COUNTY UTILITIES PART 1 GENERAL 1.01 WORK INCLUDED A. Locate existing utilities underground or under pavement. B. Relocation of existing County utilities to eliminate conflicts. 1.02 SUBMITTALS A. When requested by Engineer, proposed method of locating existing utility or proposed method and cost to eliminate conflict with existing County utility. 1.03 PROJECT RECORD DOCUMENTS A. Accurately record horizontal and vertical location of pipe runs, pipe sizes, pipe colors, connections, valves, and invert elevations. B. Identify and describe discovery of uncharted utilities. PART 2 PRODUCTS 2.01 MATERIALS In accordance with existing conditions and/or approved method of eliminating conflict with existing County utilities. PART 3 EXECUTION 3.01 UTILITY LOCATES - UNDERGROUND A. When authorized in writing by the Engineer, provide horizontal and vertical location including pipe sizes, pipe colors, connections, valves, and invert elevations of existing County utility by excavation, vacuum extraction or other methods. B. Restore location to its original condition after location of utility has been obtained. C. Damage to existing facilities resulting from utility locate operation shall be restored or repaired at no additional cost to the County. 3.02 UTILITY LOCATES — UNDER PAVEMENT A. When authorized in writing by the Engineer, provide horizontal and vertical location including pipe sizes, pipe colors, connections, valves, and invert elevations of existing County utility by excavation, vacuum extraction or other methods. TSP -10 B. Restore location to its original condition including paved surfaces after loclo&17 has been obtained. C. Damage to existing facilities resulting from utility locate operation shall be restored or repaired at no additional cost to the County. 3.03 WATER LINE CONFLICT RESOLUTION A. Prepare proposal of all labor, materials, contract time and cost for eliminating a conflict with an existing County water line, when requested by the Engineer. B. Upon written approval of the proposal by the Engineer, perform the work described in the in the approved proposal. 3.04 SEWER LINE CONFLICT RESOLUTION A. Prepare proposal of all labor, materials, contract time and cost for eliminating a conflict with an existing County force main or reclaimed water main, when requested by the Engineer. B. Upon written approval of the proposal by the Engineer, perform the work described in the in the approved proposal. PART 4 - METHOD OF MEASUREMENTBASIS OF PAYMENT 4.01 METHOD OF MEASUREMENT - A. For utility locates, the method of measurement will be the number of utility locations underground or under pavement obtained. B. For utility conflict resolution, the method of measurement will be the approved cost of utility conflict resolution work that is satisfactorily performed and approved by the Engineer for payment as a percentage of the lump sum contract unit price for the respective payment item. 4.02 BASIS OF PAYMENT Price and payment will be full compensation for obtaining utility location information . or for performing the work to eliminate a utility conflict, as approved by the Engineer. Payment will be made under the following items: Item No. 737 -70 -1 — Utility Locates — Underground - each _. Item No. 737 -70 -2 — Utility Locates — Under Pavement — each Item No. CC1001 — Water Conflict Resolution; Solution Contingency — lump sum Item No. CC 1002 — Sewer Conflict Resolution; Solution Contingency — lump sum TSP -11 z -z6 -n3 B ■ it TECHNICAL SPECIAL PROVISION NO.5 OIL /SEDIMENT IN -LINE SEPARATOR SPECIFICATION OIUSEDE"ENT IN -LINE SEPARATOR UNIT The oil/sediment separator unit shall be a "Stormceptor " model as manufactured by Hydro Conduit, or approved equal. The separator shall remove oil and sediment from storm water during frequent wet weather events. The separator shall treat a minimum of the percentage shown in the permit application of the annual runoff volume and be capable of removing the percentage shown in the permit application of the total suspended sediment load (TSS) and greater than 90 percent of the floatable free oil. The separator shall be capable of trapping silt and clay size particles in addition to large particles. The separator shall be installed underground as part of the storm sewer system and shall be structurally designed for (HS -20 min.) traffic loading at the surface. The storage in the separator shall be vertically oriented. The separator shall be maintainable from the surface via one access point. The separator shall be equipped with an internal high flow bypass that regulates the flow rate into the treatment chamber and conveys high flows directly to the outlet such that scour and/or re- suspension of material previously collected in the separator does not occur. External bypasses are not acceptable. The bypass area shall be physically separated from the separation area to prevent mixing. The separator shall be circular, and constructed from either fiberglass or precast concrete risers. The concrete separator shall be designed and manufactured in accordance with ASTM C -478. The concrete joints shall be oil resistant, water tight and shall meet the design criteria in accordance with ASTM C -443. In the concrete separator, a fiberglass insert, bolted and sealed watertight to the inside of the bypass chamber, will divert low to normal stormwater flows into the treatment chamber. A minimum of 12 inches of oil storage shall be lined with fiberglass to provide secondary containment of any hydrocarbon materials. The difference between the inlet pipe elevation to the separator and the outlet pipe elevation from the separator shall be 1 inch (25 mm). For a multiple inlet pipe or inlet design, there shall be a 3 -inch (75 mm) difference between horizontal inlet pipe inverts and the outlet pipe invert. The separator shall be able to be used as a bend structure in the storm sewer system. The access cover for all non -inlet type separators shall clearly indicate that it is an oil/sediment separator. The separator shall be capable of containing spills of floatable substances such as free oil and shall not be compromised by temporary backwater conditions (i.e., trapped pollutants should not be re- suspended and scoured from the separator during backwater conditions). The capabilities and performance of the selected separator shall be documented with scientific studies and reports. Preference will be given to devices that have been verified by a state or federal stormwater verification program. INSTALLATION Installation shall be in strict accordance with manufacturer's installation procedures and as governed by field conditions at each installation site. TSP -12 2 -26 -03 METHOD OF MEASUREMENT 168711 The method of measurement will the number of units of each size satisfactorily installed in accordance with the plans and specifications. BASIS OF PAYMENT Price and payment will be full compensation for furnishing and installing the separator unit, excavation and backfill, pipe connections, flushing and restoration of surfaces Payment will be made under the following item: Item No. 425- BMP Structure — each TSP -13 2 -26 -03 ?bB7�� TECHNICAL SPECIAL PROVISION NO.6 TECHNICAL SPECIFICATIONS FOR COLLIER COUNTY VIDEO DETECTION SYSTEMS The video vehicle detection system shall be easily configurable and expandable to meet traffic management applications such as intersection control, traffic monitoring and incident management, traffic data collection, and traffic control during road or intersection construction. The system shall be composed of the following subsystem components: ■ A Video Detection Processor Sensor (VDP sensor) that provides state - of- the -art vehicle detection, JPEG video compression, and communications with other subsystems and central traffic management software. ■ Windows -based applications software for setup and system configuration as well as any continued monitoring and data collection, if required. ■ System communications that shall operate over any appropriate serial communications links provided by the systems integrator. ■ Optional software developer's kit (SDK) that provides necessary tools for software programmers to integrate the video detection system into the larger, traffic management systems. For ease of installation, reliability, and maintenance, the detection system shall have an integrated color camera, zoom lens, and video processor all in one unit. The detection system shall also have easily configured IP addressing for the video detection sensor field network, and easy -to -use applications software that runs standalone or across LAN / WAN topologies. 1.0 VDP Sensor The VDP sensor shall combine an integrated high- speed, color imaging CCD array with zoom lens optics, image - processing hardware and a general - purpose CPU bundled into a sealed enclosure. The sensor shall be equipped with a sunshield to reflect solar heat and to shield the CCD array and faceplate from direct exposure to the sun. The sensor shall also be equipped with a faceplate heater to eliminate accumulated condensation from obscuring the view of the camera. To achieve optimal traffic detection, the general - purpose CPU shall directly control the optics and camera electronics. The lens shall be pre- focused at the factory and shall not require field adjustment. The zoom optics shall maintain focus throughout the operating range from 7 to 74 degrees horizontal field of view (5 to 58 degrees vertical field of view). At an operator's request, the video sensor shall temporarily switch to surveillance mode operation which shall suspend detection processing, allowing the operator to zoom the lens. The VDP sensor shall provide color analog video output at 30 frames per second when configured for NTSC and 25 frames per second for PAL and shall process a minimum of twenty (20) detector zones placed anywhere in the field of view of the sensor. The analog video output shall provide graphics overlay that indicates the current real -time detection state. Video frame JPEG compression shall be capable of providing snapshot updates in as little as 3 seconds over typical phone modems. The operator shall select either the desired video quality or the desired frame rate, and the compression TSP -14 2 -26 -03 1687'; shall automatically adapt to provide either the highest frame rate at the requested video quality or the best quality at the requested frame rate, based on the effective communications system data throughput rate. Multiple workstations shall be able to simultaneously access and view the compressed digital video stream. The first workstation to connect shall have full control of video quality or update rate. 1.1 VDP Sensor External Interfaces The external interfaces to the VDP sensor shall include: a network communications port for setup, configuration, and communications; differential color video out; and 24 VAC /DC power to operate the sensor. 1.1.1 Network Communications Port There shall be a field network communications port to configure and provide general communications and data retrieval. The VDP sensor shall use a full or half duplex, RS -485, 4 -wire electrical network to facilitate communications to a local or remote computer. This port shall be used to update the embedded software with a new software release. Each VDP sensor shall be IP addressable using the UDP /1P message packet and routing standard. 1. 1.2 Differential Video The VDP sensor shall output full motion, differential analog video supporting either the NTSC or PAL video format. The differential analog video shall be transmitted over a single, twisted pair. 1.1.3 Power The VDP sensor shall operate on 24 VAC at 50/60 Hz or 24 VDC. The camera and processor electronics and power supply shall consume a maximum of 10 watts. The integrated faceplate heater shall consume a maximum of 5 watts. The total power consumption shall be less than 15 watts. 2.0 VDP Sensor Operations Loa The VDP sensor shall maintain a non - volatile operations log, which minimally contains: revision numbers for the current VDP sensor hardware and software - components; title and comments for the detector configuration; date and time the last detector configuration was downloaded to the VDP sensor; date and time the operations log was last cleared; date and time communications were opened or closed with the VDP sensor; date and time of last power -up; and time- stamped, self - diagnosed hardware and software errors that shall aid in system maintenance and troubleshooting. 3.0 VDP Sensor Vehicle Detection Requirements The real -time, detection performance of the VDP sensor shall be optimized to meet the requirements for the traffic application. These shall determine the VDP sensor mounting location; the number of traffic lanes to monitor; sizing, placement, and orientation of vehicle detectors; whether traffic is approaching or receding from the sensor's field of view; and how to minimize the effects of - lane- changing maneuvers. 3.1 Detector Types The VDP sensor shall be programmed with a variety of detector types that perform specific functions. The general functions performed by the detectors shall include: TSP -15 2 -26 -03 b • presence /passage detection of moving and stopped vehicles. 1667 • detection based on the direction of travel or based on when a moving vehicle stops. • Measuring vehicle speed and length and provide five (5) classes of vehicles based on length. • Generate alarm status based on the detection of shock waves, wrong - way vehicles (ghost runners), stopped vehicles, red -light runners, or other operator - defined, traffic conditions considered significant. • Combine the output of multiple detectors with logical operators and modify the combined state based on delay or extension timers relative to the state of any signal phase state. While not strictly a detector, an operator - defined label shall be able to show a label identifying location of the camera field of view, various operational system parameters such as time of day, date, IP address, baud rate and processing load index. 3.2 Detection Zone Placement The video detection system shall provide flexible detection zone placement at any orientation within the field of view of the VDP sensor. Preferred detector configurations shall be to place detection zones across lanes of traffic for optimal count accuracy and to place detection zones parallel to lanes of traffic for optimal presence detection accuracy of moving or stopped vehicles. Detection zones shall be able to be overlapped for optimal road coverage. In addition, selective groups of detectors shall be able to be logically combined into a single output and further modified by using optional delay and extend timing and signal state inputs if available. Optimal detection shall be achieved when the VDP sensor placement provides an unobstructed view of each traffic lane where vehicle detection is required. Obstruction of the view can occur when vehicles from a lane nearer to the sensor obscure the view of the roadway of a lane further away from the sensor. 3.3 Detection Zone Programming Placement of detection zones shall be easily done using a mouse or other pointing device on a PC. A standard VGA monitor shall display the detection zones superimposed on images of traffic scenes. A standard mouse and keyboard shall be used to: place, size, and orient detection zones to provide optimal road coverage for vehicle detection; modify detector parameters for site geometry to optimize performance; edit previously defined detector configurations to adjust the detection zone size and placement, add detectors for additional traffic applications, and to reprogram the sensor for different traffic applications, changes in installation site geometry, or traffic rerouting. It shall also be possible to: download detector configurations from the computer to the VDP sensor; upload the current detector configuration that is running in the VDP sensor; back up detector configurations by saving them to the computer's storage drives; and perform the above upload, store, and retrieve functions for video snapshots of the VDP sensors' view. TSP -16 2 -26 -03 3.4 Optimal Detection The video detection system shall provide optimal detection of vehicle passage 16B7 and P resence when the VDP sensor is mounted 10 in (30 ft) or higher above the ` roadway, the image sensor is adjacent to the desired coverage area, and the distance to the farthest detection zone locations is not greater than 10 times the mounting height of the VDP sensor. The recommended deployment geometry for optimal detection requires that there be an unobstructed view of each traveled lane where detection is required. Although optimal detection may be obtained when the VDP sensor is mounted directly above the traveled lanes, the VDP sensor shall not be required to be directly over the roadway. The VDP sensor shall be able to view either approaching or receding traffic or both in the same field of view. The preferred orientation for optimal detection shall be to view approaching traffic since there are more high- contrast features on vehicles that are viewed from the front rather than the rear. The VDP sensor, when placed at a mounting height that minimizes vehicle image occlusion and the zoom lens adjusted to match the width of the road, shall be able to monitor a maximum of 6 to 8 traffic lanes simultaneously. 3.4.1 Count Detection Performance _. Using a VDP sensor installed that meets the optimal viewing specifications described above; the system shall be able to accurately count vehicles with at least 96% accuracy under normal operating conditions (day and night), and at least 93% accuracy under artifact conditions. Artifact conditions are combinations of weather and lighting conditions that result from shadows, fog, rain, snow, etc. The volume count shall be accumulated for the entire roadway (all traveled lanes), and accumulated over time intervals that contain a minimum of one hundred (100) vehicles to ensure statistical significance. 3.4.2 Demand Presence Detection Performance Using a VDP sensor installed that meets the optimal viewing specifications described above, the system shall be able to accurately provide demand presence detection. The demand presence accuracy shall be based on the ability to enable a protected turning movement on an intersection stop line, when a demand exists. The probability of not detecting a vehicle for demand presence shall be less than I% error under all operating conditions. In the presence of artifact conditions, the VDP sensor shall minimize extraneous (false ) protected movement calls to less than 7 %. To ensure statistical significance, the demand presence accuracy and error shall be calculated over time intervals that contain a minimum of 100 protected turning movements. The calculation of the demand presence error shall not include turning movements where vehicles do not pass through the presence detectors, or where they stop short or stop beyond the combined detection zones. 3.5 Speed Detection Performance TSP -17 2 -26 -03 ..a . The VDP sensor shall accurately measure average (arithmetic mean) speed of multiple vehicles with more than 98% accuracy under all operating condition 6 B 7 for approaching and receding traffic. The average speed measurement shall include more than 10 vehicles in the sample to ensure statistical significance. The VDP sensor shall accurately measure individual vehicle speeds with more than 95% accuracy under all operating conditions for vehicles approaching the sensor (viewing the front end of vehicles), and 90% accuracy for vehicles receding from the sensor (viewing the rear end of vehicles). 2.4 VDP Sensor Hardware 4.1 VDP Sensor Video Camera The VDP sensor video camera shall use a 1/3 -inch, 380K/440K, Pixel Super HAD CCD that outputs NTSC or PAL color video. The resolution for NTSC shall be more than 460 TV lines (horizontal) and 350 TV lines (vertical). The resolution for PAL shall be more than 450 TV lines (horizontal) and 400 TV lines (vertical). The VDP sensor video camera shall provide: direct, real -time iris, shutter speed, and video gain (AGC) control; a video surveillance mode where the video output is optimized for human surveillance; and an optical filter and appropriate electronic circuitry to suppress blooming and streaking effects at night. The VDP sensor video camera shall provide useable video and resolvable features in the video image when those features have luminance levels as low as 0.1lux at night at 50 IRE. The camera shall also provide useable video and resolvable features in the video image when those features have luminance levels as high 10,000 lux during the day. It shall further provide useable video and resolvable features in the video image when the ratio of the luminance of the resolved features in any single video frame is 300:1. 4.2 VDP Sensor Optics The VDP sensor shall be equipped with an integrated zoom lens with zoom and focus capabilities that can be controlled using either applications software or a hand -held controller. The zoom lens shall provide true 12x optical zoom over the range 7 to 73 degrees horizontal and 5 to 58 degrees vertical. The focus shall be set in the factory with no field adjustment necessary. 4.3 VDP Sensor Enclosure The VDP sensor and lens assembly shall be housed in an environmental enclosure that provides the following capabilities: The enclosure shall be waterproof and dust -tight to NEMA -4 specifications, and shall have the option to be pressurized with dry nitrogen. The enclosure shall allow the VDP sensor to operate satisfactorily over an ambient temperature range from -34 degrees C to +60 degrees C while exposed to precipitation as well as direct sunlight. The enclosure shall allow the image sensor horizon to be rotated during field installation. The enclosure shall include a provision at the rear of the enclosure for connection of the factory- fabricated power, communications, and video signal cable. Input power to the environmental enclosure shall be 24 V AC/DC and either 50 or 60 Hz. TSP -18 2 -26 -03 The enclosure shall be light - colored and shall include a sun shield to minimize solar heating and glare. The front edge of the sunshield shall protrude beyond 16 L) the front edge of the environmental enclosure and shall include provision to divert water flow to the sides of the sunshield. The amount of overhang of the sunshield shall be adjustable to prevent direct sunlight from entering the lens or hitting the faceplate. The total weight of the image sensor in the environmental enclosure with sunshield shall be less than 2.7 kg (6 pounds). When operating in the environmental enclosure with the power, communication and video signal cable connected, the image sensor shall meet FCC class B and CE requirements for electromagnetic interference emissions. 4.4 VDP Sensor Electrical The video output of the VDP sensor shall be isolated from earth ground. All video connections from the sensor to the interface panel shall also be isolated from earth ground. The video output, communication, and power stages of the sensor shall include transient protection to prevent damage to the sensor due to voltage transients occurring on the cable leading from the VDP sensor to other field terminations. Connections for video, communications, and power shall be made to the image sensor using a single, 18 -pin circular metal shell connector (Bendix PT07C- 14 -18P or equivalent). The mating cable shall use a right -angle shell. The VDP sensor shall meet CE, FCC, and UL requirements for safety and - EMI. 4.5 VDP Sensor Field Interface Equipment 4.5.1 Communications Panel Requirements A communications interface panel shall be provided with each VDP sensor for installation. The communications interface panel shall provide a terminal block for terminating power (three wires), as well as terminations for two, twisted -pair wires for network communications to the VDP sensor. There shall also be two sets of terminations for two, twisted -pair wires for a point -to -point field network, one upstream towards the central system and one downstream towards more field equipment. The communications interface panel shall also provide transient protection for all communication and video terminations and a DB9 connector for network communications with the VDP sensor. 5.0 Warranty, Maintenance, and Support The video detection system shall be warranted by its supplier for a minimum of two years. The supplier shall maintain a program for technical support and software updates following the expiration of the warranty period. This program shall be made available to the contracting agency in the form of a separate agreement for continuing support. TSP -19 2 -26 -03 J TECHNICAL SPECIAL PROVISION N0.7 + 6 B 7 '' COLLIER COUNTY TRAFFIC SIGNAL INSTALLATION AND MAINTENANCE SPECIFICATIONS FOR NEMA TS2 -TYPE 1 ACTUATED CONTROLLER ASSEMBLIES 1.0 SCOPE 1.1 This Specification outlines the minimum acceptable requirements for TS2 -Type 1 actuated traffic signal Controller Assemblies. The Controller Assembly shall include the Controller Unit, Malfunction Management Unit, Bus Interface units, terminals and facilities, Cabinet Power Supply, Load Switches, Flasher, and Detectors. 1. 1.2 A fiber optic modem meeting the requirements outlined within this specification shall be supplied with each controller assembly. 1.1.3 The controller assemblies shall be supplied with a fiber optic communications interface that is fully compatible with the counties existing Advanced Traffic Management System. 1. 1.4 The controller cabinet assembly shall include approved rack mounted detector assemblies with external power supply(ies). The rack with associated field hook -up panel(s) shall be fully wired and capable of 16 channels of detection, with 2 spare slots, and consecutively labeled according to NEMA phase associations. When the rack assembly with power supply is furnished as part of the cabinet assembly, the cost of such shall be covered by the cost of the controller /cabinet assembly Pay Item. The Contractor shall provide additional racks, power supplies and mounting hardwire when detection requirements exceed 16 channels, or as shown on the plans. The cost of the additional racks, power supplies and mounting hardware shall be included in the cost of the detector units. 2.0 CONTROLLER UNITS 2.1 Each Controller Unit shall be solid state digital, based upon microprocessor design. The Controller shall meet, as a minimum, all applicable sections of the NEMA TS 2 Traffic Controller Assemblies with NTCIP Requirements, 1998. Where differences occur, this specification shall govern. 2.2 PHYSICAL STANDARDS 2.2.1 Dimensions: The Controller Unit shall be compact in design so as to fit in limited cabinet space, and shall be capable of being shelf mounted. 2.2.2 The Controller Unit shall be modular in design. Circuit boards shall be vertically mounted with card guides both top and bottom. Alternatively, the circuit boards may be mounted on standoffs. The enclosure shall be designed for easy access during maintenance. It shall be permissible to accomplish this with the use of extender boards or cables. If extender boards or cables are required for maintenance of the Controller Unit 2 sets shall be supplied with every 10 (ten) Controller Units Purchased. 2.2.2.1 The enclosure shall be constructed of sheet steel or aluminum and shall be finished with an attractive and durable protective coating. Model, serial number, and date of manufacture shall be permanently displayed on the top outside surface. 2.2.3 Circuit Board Construction All circuit boards shall meet the NEMA Standard, plus the following requirements. a. All plated through holes and exposed circuit traces shall be plated with solder. b. A solder mask shall cover both sides of the printed circuit board. c. The circuit reference designation for all components and the polarity of all capacitors and diodes shall be clearly marked adjacent to the component. Pin 1 of all integrated circuit packages shall be designated on both sides of all circuit boards. If the designations are silk screened, epoxy -based ink shall be used. d. Both sides of all circuit boards shall be coated with a clear moisture -proof and fungus -proof coating. TSP -20 2 -26 -03 e. All electrical mating surfaces shall be gold platted. i j 2.3 FRONT PANEL and CONNECTORS f 2.3.1 The front of the Controller Unit shall consist of a panel(s) for display, keypad, fuse - holders and connectors. The panel(s) shall be removable for maintenance and will require only simple hand tools to remove. Alternatively the front panel may function as a door to allow access to the circuit boards. 2.3.2 The display shall be liquid crystal in design. The display shall be back - lighted for ease of viewing with multiple levels of contrast adjustment. The display shall be alphanumeric with at least 8 lines by 40 characters per line and shall show program and status information. The display area shall have a minimum measurement of 1 1/2 inches high by 4 1/2 inches wide. 2.3.3 A keypad shall be used for manual entry of timing values and to request display of dynamic timing conditions. The following characteristics shall be required: - a. Verification - The keyboard shall provide a "tactile" indication of contact when depressed. A "load check" status indicator or the display shall blink once to indieate timing parameters have been loaded into memory. An audible feedback to indicate that a key press has been registered is desirable, but not a requirement of this specification. An audible keypad function may be supplied. Means shall be provided to toggle this function ON /OFF and control volume level. 2.3.4 The following interface connectors shall be accessible from the front of the controller: ■ Type 1 Controller Unit only: Connector A shall mate with MS3106 ( ) -18 -1S ■ Port 1 SDLC - 15 pin metal shell D sub - miniature (gold plated female contacts) ■ Port 2 RS 232 - 25 pin metal shell D sub - miniature (gold plated female contacts) ` 0 Port 3 FSK - 9 pin metal shell D sub - miniature (gold plated male contacts) 2.3.5 If input/output functions in addition to those covered in TS 2 -1998 are supplied, an additional connector may be used. Such additional connector(s) shall not be interchangeable with any other connectors on the front of the Control Unit. Multiple connectors for additional communication capabilities are acceptable. 2.4 PROGRAMMING METHODS 2.4.1 The methods listed below shall be available for Controller Unit programming: a. Manual data entry via the front panel keyboard. b. Data down - loading via telemetry from a central system or master that is connected to a Personal Computer in a closed loop system. c. Data downloading from a Personal Computer via a Modem. d. Data downloading from a Personal Computer via a Null -Modem cable. e. Data downloading from one Controller Unit to another using the serial port of each Controller Unit. 2.4.2 Programming Security - The Controller Unit shall have an access (Security) code capability. 2.4.3 Programming Displays - Controller Unit programming and status display shall be menu driven. English Language and Traffic Engineering terminology shall be used to facilitate programming. Programming shall not - require the use of reference cards or manuals. A content sensitive Help feature is shall be provided. 2.4.4 Programming Utility 2.4.4.1 A copy function shall permit copying all timing from one phase to another. It shall also allow copying all coordination pattern data from one pattern to another. - 2.4.4.2 The Controller Unit shall have a back -up data base stored in nonvolatile memory. The operator shall be able to download these backup timings to the active database from the keyboard. 2.4.4.3 Means shall be provided, for user definition, for the display of the software version in use. TSP -21 2 -26 -03 16 B 7 w4 2.4.4.4 A display shall be provided to assist the user in programming the Malfunction Management unit Programming Card, based on the Controller Unit ring structure and overlap programming. 3.0 ACTUATED CONTROL The Controller Unit shall provide all the control functions required by NEMA TS2 Standard. In addition, it shall provide the features described in this section. 3.1 PHASING 3.1.1 The Controller Unit shall be programmable in any combination of two to sixteen phases and four ring configurations. 3.1.2 Phasing information shall be programmable and shall be stored in removable EEPROM data memory modules. These modules shall be interchangeable from controller to controller of the same manufacturer. 3.1.3 The standard phase sequence of the Controller Unit shall also be capable of being altered by coordination, time -of -day or external alternate sequence command. Each of the fifteen alternate sequence commands shall allow reversing the normal phase sequence of eight phase pairs. The sixteen total sequences shall offer every combination of lead -lag on an eight phase quad -left application. 3.1.4 It is desirable that a red output and don't walk output be generated for all non -used phases. 3.1.5 It is desirable that a red output be generated for all non -used overlaps. 3.1.6 Pedestrian operation shall be provided for each phase. 3.2 OVERLAPS 3.2.1 The Controller Unit shall provide sixteen internally generated overlaps. These shall be individually programmable as standard, protected/permissive. 3.2.2 Overlap clearance -- An overlap that times an additional green, yellow and red interval upon termination of the true phase. Times for these additional green, yellow and red intervals shall have a minimum range of 0 - 9.99 seconds in 0.1- second intervals. Timed overlap clearance shall be enabled per phase, separate from standard overlaps. 3.3 CONDITIONAL SERVICE 3.3.1 The Controller Unit shall provide a programmable conditional service feature. When selected, the Control Unit shall service an odd - numbered phase once normal service to that phase has been completed and enough time for additional service exists on the concurrent even phase. 3.3.2 A conditional service minimum green time shall be programmable for each phase. This interval shall ensure a minimum green if the phase is conditionally served. 3.3.3 It shall be possible to program the Controller Unit to re- service the even phase after conditionally serving an odd phase. Once an even phase has been conditionally re- serviced, the odd phase shall not be conditionally served again until returning to the concurrent group that is timing. 3.4 ADDITIONAL FEATURES 3.4.1 The following features shall be programmable for each phase: a. Phase in use. b. Locking/non- locking detector memory. c. Vehicle recall. d. Pedestrian recall. TSP -22 2 -26 -03 e. Maximum recall. f. Soft recall. 16B7 i 3.4.2 Soft recall shall return the controller to the programmed phase in the absence of other calls. 3.4.3 If a phase is designated as a no -rest phase, the controller shall not rest in the phase. 3.4.4 The Controller Unit shall permit start and external start to be individually programmed by phase and interval. Start intervals shall be green, yellow, red, or yellow with overlaps forced yellow. 3.4.5 During a power start condition, the Controller Unit shall be capable of timing an all -red or flash interval before the power start phase(s) and interval is displayed. 3.4.6 The Controller Unit shall provide guaranteed passage operation on a per phase basis. When selected, this feature shall provide a full passage (vehicle extension) interval when a phase gaps out with a gap in effect less than the vehicle extension interval (preset gap). 3.4.7 The Controller unit shall provide both single and dual entry operation. When selected, dual entry shall cause the Control Unit to ensure that one phase is timing in each ring. 3.4.8 The Controller Unit shall provide the following additional pedestrian functions: a. Actuated phase rest in Walk. b. Flashing Walk output. c. Pedestrian clearance protection during manual control. d. Pedestrian clearance through yellow. e. Exclusive Pedestrian operation by Time of Day 3.4.9 The Controller Unit shall provide automatic flash selection per the requirements of MUTCD. Both the flash entrance and exit phases shall be programmable. Flashing shall be controlled by either setting the voltage monitor output to be false or by flashing through the load switch driver outputs. External input, system command, or time of day shall select automatic flash. 4.0 COORDINATION Coordination functions to control intersection cycle lengths, system offset relationships, and phase split percentages shall be provided as a standard feature, with no need for additional modules or software. 4.1 COORDINATION PATTERNS 4.1.1 A minimum of 40 coordination patterns shall be provided. Each pattern shall allow selection of an independent cycle length, offset and split. The coordination patterns shall be selected using telemetry, manual, or time base coordination commands. 4.1.2 The following functions shall be programmable in each coordination pattern: a. cycle length b. offset c. split for sixteen phases d. permissive timing e. alternate -phase sequence f. phase re- service g. crossing artery pattern TSP -23 2 -26 -03 h. coordinated phases i. phases to omit 16B7 'i j. phases to be placed on recall 4.1.3 It shall be possible to omit selected phases during any coordination pattern. 4.1.4 The following recall modes shall be programmable on a per phase basis for each coordination pattern: a. Vehicle recall b. Pedestrian recall c. Maximum recall 4.2 CYCLE LENGTH 4.2.1 One cycle length shall be provided for each coordination pattern. The cycle shall be adjustable over a minimum range of 30 - 255 seconds in 1- second increments. 4.2.2 The cycle length shall serve as the reference time for all coordination timing. 4.3 SYNCHRONIZ4TION 4.3.1 After a valid system sync pulse has been received, the coordinator shall check for the proper occurrence of the system sync pulse during each subsequent cycle. If a sync pulse does not occur, the coordinator shall self -sync and continue to operate with the last set of coordination commands for a programmable period of time or number cycles. If a sync pulse does not occur within the programmed period (or until the first sync pulse is received), the coordinator shall revert to the non - interconnected coordination mode. 4.4 OFFSET 4.4.1 Offset shall normally be defined as the time period from the system sync pulse to the beginning of the leading coordinated phase green (local zero). The coordinator shall also be capable of referencing the offset to the end of the coordinated phase green. 4.4.2 Offsets shall be programmable using percentage or seconds. The range shall be from 0 - 99% of the cycle length in 1% increments or 0 - 255 seconds in 1 second increments. 4.4.3 Offset changes shall be achieved by adding or subtracting cycle time over multiple cycles to allow a smooth transition to the new offset. Offset correction using dwell shall also be selectable. 4.5 SPLIT 4.5.1 Each split shall provide a split interval for each of sixteen phases. The split interval shall be programmable using percentage or seconds. The range shall be from 0 - 99% of the cycle length in 1% increments or 0 - 255 seconds in 1 second increments. 4.5.2 Split interval settings shall determine the maximum time, including vehicle clearance (yellow and red), for non - coordinated phase, or the minimum time for a coordinated phase. 4.6 PERMISSIVE PERIODS 4.6.1 Permissive periods shall be provided to control the time period during which coordinated phases are released to service calls on non- coordinated phases. 4.7 FREE MODE 4.7.1 The coordinator shall provide a free mode of operation, where all coordination control is removed. 4.7.2 Free mode operation shall be selectable by coordination commands, by external input or by keyboard entry. TSP -24 2 -26 -03 4.7.3 The coordinator shall revert to the free mode when active controller inputs or functions would interfere with coordination. Such inputs or functions shall include the following: �- a. Manual control enable b. Stop time c. Automatic flash d. Preemption 4.8 MANUAL CONTROL 4.8.1 The controller shall allow manual override of the current coordination command from the keyboard. The manual command shall allow selection of any coordination pattern to be in effect. 4.9 INTERCONNECT MODES 4.8.1 The coordinator shall be capable of operating with any of the following interconnect types: a. Non - interconnected coordination (time- based) b. Telemetry c. Hardwired 4.8.2 The non - interconnected coordination mode shall serve as a backup when using telemetry or hardwired interconnect. 5.0 PREEMPTION The Controller Unit shall provide a minimum of six railroad -fire- emergency vehicle preemption sequences. Preemption capability shall be standard and shall not require additional modules or software. 5.1 RAILROAD- FIRE - EMERGENCY VEHICLE PREEMPTION 5.1.1 The six railroad -fire- emergency vehicle preemptors shall be programmable as a priority or non - priority type. Priority preemptor calls shall override non - priority preemptor calls. Low- numbered priority preemptors shall override higher- numbered priority preemptor calls, Non - priority preemptor calls shall be serviced in the order received. 5.1.2 Each preemptor shall provide a locking and non - locking memory feature for preemptor calls. If a preemptor is in the non - locking mode and a call is received and dropped during the delay time, the preemptor shall not be '- serviced. 5.1.3 Preemptor timing intervals shall be programmable from a minimum range of 0 -255 in one second increments or a minimum range of 0 -9.99 in one -tenth second increments, depending on function. 5.1.4 A programmable delay time interval shall be provided to inhibit the start of the preemption sequence. This interval shall begin timing upon receipt of a preemption call. 5.1.5 A programmable duration time shall be provided to control the minimum time that a preemptor remains active. This time shall be programmable from a minimum range of 0 -255 in one second increments. 5.1.6 A programmable maximum time shall be provided to control the maximum time that a preemptor remains in the hold interval. The preemptor maximum time interval shall be inhibited if the preemptor is programmed as a priority preemptor. 5.1.7 Phases timing at the beginning of a preemption sequence shall remain in effect for a minimum time before the controller advances to the next sequential interval. If the phase has been timing for longer that the programmed preemptor minimum time, the controller shall immediately advance to the next sequential interval. Minimum times shall be programmable for the following intervals: ❑ Green ❑ Yellow TSP -25 2 -26 -03 ❑ Red ❑ Pedestrian clearance ❑ Overlap yellow 5.1.8 A phase shall advance immediately to pedestrian clearance if it has been timing a WALK interval at the beginning of a preemption sequence. It shall be possible to time the minimum pedestrian clearance through the yellow interval, or alternatively to advance immediately to yellow 5.1.9 If an overlap is in effect when the preemption sequence begins, it shall be possible to terminate the overlap so that it remains red for the remainder of the preemption sequence. Overlaps terminating or forced to terminate shall time the preemptor minimum yellow and red clearance times. 5.1.10 Each preemptor shall provide user - programmable green, yellow and red track clearance intervals. These shall begin timing immediately after the preemptor minimum red interval. 5.1.11 The preemption hold interval shall begin immediately after track clearance. It shall remain in effect until the preemptor duration time and minimum hold times have elapsed and the preemptor call has been removed or the preemptor maximum time has be exceeded 5.1.12 Any valid phase, except a track clearance phase, shall be selectable as a hold phase. If hold phases are not selected, the controller shall remain in all red during the hold interval. When flash is selected for the hold interval, up to two permissive phases shall be selected to flash yellow, and the remaining phases shall flash red. Overlaps associated with the phases flashing yellow shall also flash yellow unless they have been forced to terminate, in which case they shall remain red. 5.1.13 Each preemptor shall provide a user - programmable green, yellow and red hold interval, during which the hold phase(s) shall operate normally, except that the minimum green interval time shall equal the hold green time. At the completion of the hold green interval, the Controller Unit shall time the hold yellow and red clearance intervals prior to transfer to the exit phases. 5.1.14 Up to two permissive exit phases shall be selectable to time after the preemption sequence has been completed. These shall serve as transition phases to return the Controller Unit to normal operation. It shall also be possible to place calls on selected phases upon exiting preemption. 5.1.15 Preemptor active outputs shall be provided for each of the preemptors. The output shall be set to ON when the preemption sequence begins and shall remain ON for the duration of the sequence. It shall also be possible to program preempt active outputs to be ON only during preempt hold intervals 5.1.16 It shall be possible to program a solid yellow and red clearance time when a preemption call is received and the controller is in MUTCD FLASH or LOCAL controller flash. These timings must be possible for each phase and overlap. Examples of which, intersection is in MUTCD FLASH, phases 2 & 6 are flashing yellow and phases 4 & 8 are flashing red. A preemption call is received, phases 2 & 6 go from flash to a timed solid yellow and phases 4 & 8 go to a solid red. When phases 2 & 6 time out they go to red and the beginning of preemption begins. At the end of preemption the intersection goes through a complete color cycle and then to whichever flash is requested. The timing range shall be from 3.0 seconds for yellow clearance to a minimum of 25 seconds in 1- second intervals. The all red interval shall be from 1.0 seconds to a minimum of 9.99 seconds in 0.1- second intervals. 6.0 TIME -BASED CONTROL FUNCTIONS The Controller Unit shall include time -based control. This capability shall be a standard feature and shall not require additional modules or software. 6.1 CLOCK & CALENDAR FUNCTIONS 6.1.1 The controller shall provide a time -of -day (TOD) clock, which shall be used, for all time -based control functions. The only required clock settings shall be the current time (hour, minute and second) and date (month, day and year). Day of week and week of year shall be automatically computed from the date setting. 6.1.2 During normal operation, the TOD clock shall use the power line frequency as its time base. When power is removed, a crystal oscillator for up to 30 days shall maintain the time. The oscillator shall have a timing accuracy of +/- 0.005% over the entire NEMA temperature range as compared to the Universal Coordinated Time Standard. TSP -26 2 -26 -03 entering time and date via the keyboard, it shall be possible to download th in Un Zonli v G.1.3 In addition t� e g y r another controller, a computer or a system master. 6.1.4 The TOD clock shall automatically compensate for leap year and shall be programmable to automatically switch to daylight savings time. 6.2 TIME -BASED CONTROL 6.2.1 Time -based control shall utilize a yearly program format. The year program shall consist of a minimum of 53 programmable weeks. Each week designated to one of ten -week programs. For each week - program, one of sixteen day - programs shall be capable of being assigned for each day of the week. Each day program shall consist of a variable number of program steps that define a program for the entire day. 6.2.2 There shall be a minimum of 36 holiday or exception day programs, which override the normal day program. Holiday programs shall be capable of being set as floating (occur on a specific day of the year). It shall be possible to program a fixed holiday so that it automatically repeats in the following year. 7.0 DETECTOR FUNCTIONS 7.1 The Controller Unit shall provide a minimum of 64 vehicle detector inputs. Each input shall be designated to any phase and be programmable as to detector function. Extend and delay timing shall be provided for each detector. Each detector shall be capable of operating in a lock or non -lock mode. 7.2 The Controller Unit shall provide detector cross switching, which permits all vehicle detectors to alternately place calls on their assigned phases and their assigned cross - switch phases. If the assigned phase is not green and the cross- switch phase is green, the detector shall place calls on the cross switch phase. If the coordinator omits the assigned phase, the detector shall place calls on the cross switch phase. 7.3 Each vehicle detector shall be user - programmable to operate as one of the following 3 detector types: ❑ Type 0- Detector shall operate as a standard detector providing one call per actuation. ❑ Type 1 Extend/Delay- Detector shall operate as follows: When the phase green and a call is detected then dropped (indicating passage of a vehicle), the extend timer shall begin timing and the call shall be held for the length of the extend time. When the phase is not green and a call is detected, the call shall not be acknowledged by the Controller Unit until the delay time has elapsed. ❑ Type 2 Extend/Delay Call - Detector shall operate as follows: When the phase is green and a call is detected then dropped (indicating passage of a vehicle), the extend timer shall begin timing and the call shall be held for the length of the extend time. If a gap out occurs further calls shall not be placed on the Controller Unit until the delay time has elapsed. When the phase is not green the detector shall operate as a Type 0 detector. 7.4 Each detector input shall be capable of functioning as one of 8 system detectors. 7.5 Vehicle detectors shall be capable of being assigned to a minimum of 2 speed detector sets. Speed shall be detected using one or two detector configurations. When using two detectors, speed shall be calculated using a programmable distance between detectors and travel time between detectors. 7.6 The Controller Unit shall provide a minimum of 8 pedestrian detector inputs. Each pedestrian detector shall be capable of being assigned to any phase. 8.0 SYSTEM COMMUNICATIONS 8.1 SYSTEM COMMANDS 8. 1.1 The telemetry module shall allow the Controller Unit to receive, as a minimum, the following commands: ❑ Cycle, offset, and split (coordination pattern) ❑ System sync ❑ Special function commands (minimum of four) TSP -27 2 -26 -03 ❑ Free and flash mode commands ❑ Time and date 6 9 7 1L 11 Request for local status ❑ Recall to Max. 8.2 STATUS DATA 8.2.1 The status of each of the following functions shall be transmitted to the Central or system master in response to a local status request: ❑ Green and yellow status for all phases and overlaps ❑ Walk and pedestrian clearance status for all phases ❑ Vehicle and pedestrian detector status ❑ Phase termination status ❑ Local time ❑ Coordination status (1) Command source (2) Sync or transition status of coordinator ❑ Conflict flash status ❑ Local flash status ❑ Preempt activity and calls ❑ Volume and occupancy data from a minimum of 8 system detectors ❑ Speed data from a minimum of two speed detector sets ❑ Maintenance required (cabinet door open) status ❑ Status of two user - defined alarms 8.3 SPLIT REPORTING 10.3.1 The status of each of the following parameters shall be calculated on a per -cycle basis and transmitted to the Central or system master: ❑ Actual time spent in each phase ❑ Phases forced off during cycle ❑ Type of coordination operation ❑ Whether transitioning to new offset ❑ Flash status if operation is Free 8.4 UPLOAD /DOWNLOAD CAPABILITY 8.4.1 The Controller Unit shall provide the capability to upload/download the entire intersection database. 9.0 NTCIP All Controller Units furnished under these specifications shall be equipped with the latest release of the NEMA NTCIP communication protocol for communications between Controller Units, on -street masters, central computer systems, and closed loop systems 10.0 DIAGNOSTIC FEATURES 10.1 The Controller Unit shall include both automatic and operator- initiated diagnostics. This capability shall be a standard feature and shall not require additional modules or software. 10.2 Automatic diagnostics shall verify memory, MMU compatibility programming, and microprocessor operation each time power is reapplied to the Controller Unit. After power has been applied, diagnostics shall continually verify the operation of essential elements of the Controller Unit including at a minimum: PROM, EEPROM, communications, and the microprocessor. 10.3 Operator initiated diagnostics shall allow the operator to verify proper operation of all Controller Unit input, output, communications, keyboard, and display functions. Both manual and automatic test modes shall be provided. 10.4 DETECTOR DIAGNOSTICS TSP -28 2 -26 -03 10.4.1 Detector diagnostics shall be provided that allows testing vehicle and pedestrian detectors for no activity, maximum presence, and erratic output. 16B7 11.0 LOGGING FEATURES The Controller Unit shall be capable of logging and reporting detector activity, detector failures, and the occurrence of selected events or alarms. Logs shall be capable of being printed or displayed on the front of the Controller Unit. 11.1 DETECTOR LOGGING 11.1.1 The Controller Unit shall include a detector log buffer capable of logging volume, occupancy and average speed for selected vehicle and speed detectors. 11. 1.2 The detector - logging interval shall be keyboard selectable as 5, 15, 30, or 60 minutes. 11.2 DETECTOR FAILURE LOGGING 11.2.1 The Controller Unit shall include a detector failure log buffer capable of storing a minimum of 90 time and date - stamped detector failure events. Once logged, detector failure events shall remain in the log until cleared or the log buffer capacity is exceeded at which time the oldest detector failure events shall be overwritten. 11.2.2 All detector diagnostic failures shall be recorded in the detector failure log including: no activity, maximum presence, erratic output, open loop, and shorted loop. If a detector recovers after a diagnostic failure, a detector on- line event shall be stored in the detector failure log. 11.3 EVENT LOGGING 11.3.1 The Controller Unit shall include an event log buffer capable of storing a minimum of 200 time and date - stamped events or alarms. Once logged, events shall remain in the buffer until cleared or the log buffer capacity is exceeded at which time the oldest events shall be overwritten. 11.3.2 At a minimum the following events shall be logged: ❑ Communication failures ❑ Coordination faults ❑ MMU and local flash status ❑ Preempt ❑ Power ON /OFF ❑ Low battery ❑ Status of a minimum of two alarm inputs ❑ An on -line event shall be logged when an event or alarm returns to normal status MALFUNCTION MANAGEMENT UNIT _. 1.0 INTRODUCTION This specification sets forth the minimum requirements for a shelf - mountable, sixteen channel, solid -state Malfunction Management Unit (MMU). The MMU shall meet, as a minimum, all applicable sections of the NEMA TS2 Traffic Controller Assemblies with NTCIP Requirements, 1998. Where differences occur, this specification shall govern. 2.0 HARDWARE 2.1 ENCLOSURE 2.1.1 The MMU shall be compact so as to fit in limited cabinet space. It shall be installed on a shelf that is at least 10" deep. Overall dimensions, including mating connectors and harness, shall not exceed 10.5" x 4.5 x 11" (H x W x D). TSP -29 2 -26 -03 2.1.2 The enclosure shall be constructed of sheet aluminum with a minimum thickness of .0 7all l finished with an attractive and durable protective coating. Model, serial number, and program information shall be permanently displayed on the rear surface. 2.2 ELECTRONICS 2.2.1 A built -in high - efficiency power supply shall generate all required internal voltages. All voltages shall be regulated and shall be monitored with control signals. Failure of the internal power supply to provide proper operating voltages shall force the OUTPUT RELAY to the de- energized "fault" state and indicate an error message. A front panel mounted fuse shall be provided for the 120 VAC input. 2.2.2 All 120 VAC field terminal inputs shall provide an input impedance of at least 150K ohms and be terminated with a resistor having a power dissipation rating of 0.5 Watts or greater. A separate precision voltage - comparing device shall sense each 120 VAC field terminal input. 2.2.3 All electrical components used in the MMU shall be rated by the component manufacturer to operate over the full NEMA temperature range of -30 degree C to +74 degree C. 2.2.4 All printed circuit boards shall meet the requirements of the NEMA Standard plus the following requirements to enhance reliability: ❑ All plated- through holes and exposed circuit traces shall be plated with solder. ❑ Both sides of the printed circuit board shall be covered with a solder mask material. 0 The circuit reference designation for all components and the polarity of all capacitors and diodes shall be clearly marked adjacent to the component. Pin #1 for all integrated circuit packages shall be designated on both sides of all printed circuit boards. ❑ All electrical mating surfaces shall be gold plated. ❑ All printed circuit board assemblies shall be coated on both sides with a clear moisture -proof and fungus -proof sealant. 2.3 FRONT PANEL and CONNECTORS 2.3.1 All displays, configuration switches, and connectors shall be mounted on the front panel of the MMU. All MMU configuration inputs beyond those required by the NEMA Standard shall be provided by front panel mounted DIP switches or MMU software programming. 2.3.2 All indicator lights shall be T -1 package, Super Bright type LED's. Indicators shall be provided for the following items: ❑ Channel Status 1 -16 ❑ Conflict ❑ Red Fail ❑ CVM / External Watchdog ❑ 24V -2 ❑ 24V -1 ❑ Clearance Fail ❑ Port 1 Fail ❑ Diagnostic / Program Card ❑ Dual Indication ❑ Type 12 mode TSP -30 2 -26 -03 ❑ Power ❑ Port 1 Receive ❑ Port 2 Transmit 1667 2.3.3 The connectors on the MMU shall have a metallic shell and be attached to the chassis internally. The connectors shall be mounted on the front of the unit. TS 2 CABINET POWER SUPPLY 1.0 INTRODUCTION The TS 2 cabinet power supply shall provide regulated DC power, unregulated AC power and a line frequency reference for the TS 2- detector rack, Bus Interface Units, load switches, and other auxiliary equipment. As a minimum, the power supply shall meet all applicable requirements of the NEMA TS2 Traffic Controller Assemblies with NTCIP Requirements, 1998. Where differences occur, this specification shall govern. 2.0 ENCLOSURE 2.1 The power supply shall be compact so as to fit in limited cabinet space. It shall be capable of being mounted on a shelf. 2.2 The power supply shall be constructed of sheet aluminum and shall be finished with an attractive and durable protective coating. 3.0 PRINTED CIRCUIT ASSEMBLIES 3.1 MATERIALS All printed circuit boards shall be made from NEMA FR. -4 glass epoxy or equivalent 3.2 DESIGN All printed circuit boards shall meet the following requirements to enhance reliability: ❑ All plated - through holes and exposed circuit traces shall be plated with solder. C Both sides of the printed circuit board shall be covered with a solder mask material. ❑ The circuit reference designation for all components and the polarity of all capacitors and diodes shall be clearly marked adjacent to the component. Pin 1 for all integrated circuit packages shall be designated on both sides of all printed circuit boards. ❑ All electrical mating surfaces shall be gold plated. ❑ All printed circuit board assemblies shall be coated on both sides with a clear moisture -proof and fungus -proof sealant. 4.0 INPUT /OUTPUT CONNECTIONS 4.1 PIN CONNECTIONS The power supply connector shall be located on the front of the unit, have a metallic shell which is connected to the chassis ground internally and mate with an MS3106 ( ) -18 -1SW cable connector, or equivalent. -. Connector pin terminations shall be as follows: JA_11.AC Neutral F. -I Line Frequency Line TSP -31 2 -26 -03 _t � _ -_ 63, 7 Irl I[�] +24 VDC F Reserved G Logic Ground____ H Earth Ground j I 12 VAC E J Reserved 5.0 INDICATORS AND TEST POINTS 5.1 The power supply shall include LED indicators to display the status of all outputs. 5.2 Test Points The power supply shall include banana jack style test points for the following signals: • +24 VDC • Logic Ground 1.0 SCOPE CABINET ASSEMBLY This specification sets forth the minimum requirements for a control cabinet assembly. The cabinet assembly shall meet, as a minimum, all applicable sections of the NEMA TS2 Traffic Controller Assemblies with NTCIP Requirements, 1998. 2.0 CABINET DESIGN AND CONSTRUCTION 2.1 GENERAL 2.1.1 The cabinet and door(s) shall be constructed from type 5052 -H32 aluminum with a minimum thickness of 0.125 inches. All welds shall be neatly formed and free of cracks, blowholes and other irregularities. 2.1.2 All inside and outside edges of the cabinet shall be free of burrs. All sharp edges shall be made smooth. 2.1.3 The cabinet shall be designed and manufactured with materials that will allow for base mounting.. 2.1.4 A rain channel shall be incorporated on all four (4) sides of the main door opening to prevent liquids from entering the enclosure. Cabinet door openings shall be double flanged outward on all four (4) sides to produce the rain channel. 2.1.5 The top of the cabinet shall incorporate a 1 (inch) slope toward the rear to prevent rain accumulation. 2.1.6 The cabinet shall be supplied with a natural aluminum finish. Sufficient care shall be taken in handling to ensure that scratches are minimized. All surfaces shall be cleaned of all oil residue and shall be free from weld flash. 2.1.7 All interior seams shall be sealed with RTV sealant or equivalent material. 2.1.8 All cabinets shall be supplied with two removable shelves manufactured from 5052 -H32 aluminum having a minimum thickness of 0.125 inches. Shelves shall have a minimum depth of 10.5 inches. 2.1.9 One set of vertical "C" channels shall be mounted on each interior wall of the cabinet for the purpose of mounting the cabinet components. The channels shall accommodate spring- mounted nuts or studs. All mounting rails shall extend to within four (4) inches of the top and bottom of the cabinets. Rivets or pop- rivets of any kind shall not be used in the cabinet or on the main panel. No bolts or screws shall protrude through the outside walls, top, bottom, or sides of the cabinet. TSP -32 2 -26 -03 2.1.10 All cabinets shall be supplied with four (4) anchor bolts to properly secure the cabinet to its 1e6 .7 2.2 DOOR and HARDWARE B 2.2.1 The lower section of the cabinet door shall be equipped with a louvered air entrance. The a r Alliet snail he W" large enough to allow sufficient airflow per the rated fan capacity. A removable fiberglass, air filter shall be supplied with each cabinet. The filter shall be secured to the air entrance in such fashion as to maintain close contact, at all times, to the louvered air entrance. The filter retainer shall be a slide fit design with no bolts or springs utilized to secure the filter to the door opening. 2.2.2 The roof of the cabinet shall incorporate an exhaust plenum with a vent screen. Perforations in the vent screen shall not exceed 0.125 inches in diameter. 2.2.3 The main door shall be equipped with a three -point draw roller type latching mechanism. The push rods shall be turned edgewise at the outward supports and shall be 0.250 inch by 0.750 inch aluminum, minimum. 2.2.4 The handle on the main door shall include a hasp for the attachment of an optional padlock. The handle shall not extend beyond the perimeter of the main door at any time. The lock assembly shall be positioned so that the handle shall not cause any interference with the key when opening the cabinet door. When the door is closed and latched, the door shall automatically lock. It shall not be necessary to use a key in order to lock the door. 2.2.5 The main door shall be equipped with a mechanism to automatically hold the door open at approximately 90, 125, and 150 degrees, in windy conditions. 2.2.6 The main door shall be equipped with a #2 tumbler lock number. The lock shall be of brass construction, and shall have a swing away cover. Two No. 2 keys shall be supplied and attached to each cabinet door upon shipment. 2.3 POLICE SWITCH COMPARTMENT 2.3.1 A switch compartment shall be provided on the main door. 2.3.2 The opening for the switch compartment door shall be double flanged on all four sides and shall incorporate a rain channel on all four sides. 2.3.3 The police door lock shall be of brass construction, and shall have a swing away cover. All cabinets shall have a police panel door that utilizes a slam shut type latching mechanism. Two police keys shall be supplied and attached to each cabinet door upon shipment. 3.0 TYPE 1 AND TYPE 2 TERMINALS AND FACILITIES MAIN PANEL DESIGN 3.1 The main panel shall be constructed from 5052 -H32 brushed aluminum of 0.090 inches minimum thickness and formed so as to minimize any flexing when plug -in components are installed. 3.2 All main panels shall be hinged at the bottom to allow easy access to all wiring on the rear of the panel. The cabinet back panel conductors shall be arranged to allow the top of the panel to be tilted out through the main cabinet door. 3.3 The main panels shall be fully wired in the following configurations: Twelve load switch sockets, (eight vehicle sockets and four pedestrian sockets) six flash transfer relay sockets, one flasher socket, and two main panel BIU rack positions. Sixteen load switch sockets, (eight vehicle sockets, four pedestrian sockets and four overlap sockets) eight flash transfer relay sockets, one flasher socket and two main panel BIU rack positions. 3.4 Reference designators for all load switch and flash transfer relay sockets shall be silk- screen labeled on the front and rear of the main panel. ❑ Up to eight load switch sockets may be positioned horizontally or stacked in two rows on the main panel. If more than eight load switch sockets are required they shall be mounted in two horizontal rows. All load switch sockets, flasher sockets, and flash transfer sockets shall be mounted on the main panel only. 3.5 A bracket extending at least half the length of the load switch shall support all load switches. This support must be rigidly mounted to the main panel and be removable for maintenance by using hand tools only. 3.6 All field output circuits shall be terminated on a non -fused terminal block with a minimum rating of 20 amps. TSP -33 2 -26 -03 3.7 All main panels shall provide means of programming the controller phase outputs to ad�wit i�ayts with only the use of a screwdriver. (/ 3.8 Permanent alphanumerical labels shall identify all field input/output (UO) terminals. All labels shall use standard nomenclature per the NEMA TS 2 Specification. 3.9 All flash color selection shall be accomplished at the field terminals with the use of a screwdriver only. It shall also be possible to select, through terminal connections, which of the two flasher circuits is connected to each phase. All cabinets shall be wired so that flasher circuit output #1 shall be wired for phases 1,2,5,6 and overlap A and overlap C. Flasher output circuit #2 shall be wired for phases 3, 4, 7,8 and overlap B and overlap D. All cabinets shall be pre -wired to flash phases 2 and 6 yellow and all other phases and overlaps red. 3.10 Signal output terminals shall be screw type, Compression type termination shall not be acceptable. 3.11 As a minimum, a RC network shall be wired in parallel with each group of three flash - transfer relay coils. A RC network shall be installed on all other relay coils. 3.12 All Controller Unit and Malfunction Management Unit cables shall be of sufficient length to allow the units to be placed on either shelf. Connecting cables shall be jacketed or sleeved in a braided nylon mesh. The use of exposed tie -wraps or interwoven cables is unacceptable. 3.13 All cabinet configurations shall be provided with enough RS -485 Port 1 communication cables to allow full capabilities of that cabinet. Each communication cable connector shall be a 15 -pin metal shell D sub - miniature type. The cable shall be a shielded cable suitable for RS -485 communications. 3.14 All main panels shall be pre -wired for a Type -16 Malfunction Management Unit. 3.15 All wiring shall be neat in appearance. All cabinet wiring shall be continuous from its point of origin to its termination point. Butt type connections /splices are not acceptable. All cabinet back panel conductors shall be soldered, at its destination point as specified. Printed circuit boards, except for BIU rack and pedestrian isolation boards, shall not be used on main panels. 3.16 All connecting cables and wire runs shall be secured by mechanical clamps. Stick -on type clamps are not acceptable. 3.17 All exposed or protruding 120 VAC terminals or screws shall be covered or shielded to prevent shock hazard to personnel. 4.0 POWER PANEL DESIGN AND CONSTRUCTION 4.1 The power panel shall consist of a separate, fully enclosed module, securely fastened to the lower right side wall of the cabinet. The power panel shall be wired to provide the necessary power to the cabinet, controller, Malfunction Management Unit, cabinet power supply and auxiliary equipment. Means shall be provided to allow access to the main and auxiliary breakers without removing the front cover. All components of the power panel shall be accessible for ease of replacement without removing any other components or equipment. Adequate space between components shall be provided for the tightening of all terminals. 4.2 The power panel shall be identical for all cabinets except for breaker sizing. The power panel shall house the following components: ❑ All circuit breakers shall be single pole Square -D or approved equivalent and be rated for a minimum of 30 amperes. This breaker shall supply power to the controller, MMU, signals, cabinet power supply, and separate breakers used to split the power feed and auxiliary panels. All breakers shall be installed in a vertical orientation. ❑ One (1) single pole fifteen amp (15 -amp) breaker labeled "Auxiliary" shall supply power to the fans, lights and GFCI outlet. The power feed for this breaker shall not be fed from the load side of the main breaker but will be fed from the main feed side. ❑ A 50 amp, 125 VAC radio interference line filter shall be supplied. ❑ A normally open, 60 -amp, mercury contactor shall be supplied. ❑ One (1) Insulated AC Neutral bus bar with a minimum of twelve (12) positions capable of accepting three #12 wires per position. TSP -34 2 -26 -03 ❑ One (1) Earth ground bus bar (chassis ground) with a minimum of seven (7) positions large enough to accept three #12 wires per position. ❑ The lighten 16B7 AUXILIARY EQUIPMENT 1.0 AUXILIARY CABINET EQUIPMENT 1.1 The cabinet shall be provided with a thermostatically controlled (adjustable between 80 -150 degrees Fahrenheit) ventilation fan in the top of the cabinet plenum. 1.2.2 A fluorescent lighting fixture shall be mounted on the inside top of the cabinet near the front edge. The lamp shall be wired to a door - activated switch mounted near the top of the door. If the main door is closed the lamp will be off. 1.3 A rigid slide -out document tray shall be mounted below the bottom shelf. The tray shall be of sufficient size and strength to hold a complete set of cabinet wiring drawings, intersection diagrams, equipment and programming — manuals for all equipment and modules applicable to each cabinet. The tray shall operate by sliding out, then opening a hinged cover to remove documents. After removing the documents and closing the cover, the tray shall serve as a suitable resting place for documents or a laptop computer 1.4 Three- (3) sets of complete and accurate cabinet wiring drawings shall be supplied with each cabinet. 1.5 One (1) set of manuals for the Controller Unit, Malfunction Management Unit, Power Supply, Detector Rack, Vehicle Detector Amplifier modules shall be supplied with each cabinet. 2.0 VEHICLE DETECTION 2.1. A vehicle detector amplifier rack(s) shall be provided in each cabinet. Detector racks shall support 20 channels of loop detection, and one BIU, or as specified in the plans. 2.2 Each cabinet shall contain detector interface panels for the purpose of connecting field loops and vehicle detector amplifiers. 2.3 One 16- position interface panel shall be provided for each 20- channel detector rack per cabinet. The interface panel(s) shall be attached to the lower left side wall of the cabinet. 2.4 Each interface panel shall allow for the connection of a minimum of sixteen independent field loops. A ground bus terminal shall be provided between each loop pair terminal to provide a termination for the loop lead -in ground wire. Detector Terminals shall be screw type, Compression type termination shall not be acceptable. 2.5 All interface panels shall be provided with lightning protective devices for all channels. All interface panels shall be provided with EDCO SRA -6LC or approved equal lightning protective devices for all available inputs. 2.6 All termination points shall be identified by a unique number and silk- screened on the panel. 2.7 Each detector rack shall be powered by the cabinet power supply. 3.0 CABINET AUXILIARY SWITCH PANEL AND POLICE PANEL 3.1 An auxiliary switch panel shall be mounted on the inside of the main door. The auxiliary switch panel shall provide as a minimum the following: ❑ AUTO/FLASH SWITCH. When in the FLASH position, power shall be maintained to the controller and the intersection shall be placed in flash. The controller shall not be stop timed when in flash. When the switch is moved from FLASH position to the AUTO position, an external start signal shall be applied to the controller. This external start signal will force the controller to initiate the start up sequence when exiting flash. ❑ STOP TIME ON /OFF SWITCH. STOP TIME ON position, when applied, the controller shall be stop timed in the current interval. TSP -35 2 -26 -03 C EQUIPMENT POWER ON /OFF SWITCH. This switch shall control the ControllbPCA , Malfunction Management Unit and Power Supply AC power. When in the ON position the AC power shall be applied. 16B7 t 3.2 The police door switch panel shall contain the following: D AUTO/FLASH SWITCH. When in the FLASH position, power shall be maintained to the controller and stop time shall be applied. The intersection shall be placed in flash. When the switch is moved from FLASH position to the AUTO position, an external start signal shall be applied to the controller. This will force the controller to initiate the start up sequence when exiting flash. C SIGNALS ON /OFF SWITCH. When in the SIGNALS OFF position, power shall be removed from all signal heads in the intersection. The MMU shall not conflict or require reset. E AUTO/MANUAL SWITCH. Cabinet wiring shall include provisions for an AUTO/MANUAL toggle switch and a six (6) foot hand cord. 3.3 All toggle type switches shall be heavy duty and rated 15 amps, at a minimum. Single or double -pole switches may be provided, as required. 3.4 All switch functions shall be permanently and clearly labeled. 3.6 All wire routed to the police panel and auxiliary panel shall be adequately protected against damage from repetitive opening and closing of the main door. No modular connectors will be allowed in the cabinet except for the detector panel interface. All other cabinet wiring shall be "hard wired" point to point. 4.0 AUXILIARY DEVICES 4.1 LOAD SWITCHES 4.1.1 Signal load switches shall have a minimum load current rating of 10 amperes at 120 VAC for incandescent lamp load. 4.1.2 The front of the load switch shall embody a minimum of six LED indicators. Three indicators to show the input to the load switch and three indicators to show the output of the load switch. 4.1.3 The full supplement of load switches shall be supplied with each cabinet to allow for maximum phase utilization for which the cabinet is designed. 4.2 Flashers 4.2.1 The flasher shall be rated at 15 amperes, double pole with a nominal flash rate of 60 FPM. 4.3 Flash Transfer Relays 4.3.1 All flash transfer relays contacts shall be capable of making, breaking, with a contact current rating of twenty (20) amperes. 4.3.2 The coil of the flash transfer relay must be de- energized for flash operation. 4.3.3 The full complement of flash transfer relays shall be supplied with each cabinet to allow for maximum phase utilization for which the cabinet is designed. 4.4 BUS INTERFACE UNITS 4.4.1 All Bus Interface Units (BIU's) shall meet the requirements of the NEMA TS 2 -1998 Standard. 4.4.2 The full complement of Bus Interface Units shall be supplied with each cabinet to allow for maximum phase and function utilization for which the cabinet is designed. 4.4.3 Each Bus Interface Unit shall include power on, transmit and valid data indicators. All indicators shall be LED's. 4.5 VEHICLE DETECTION SYSTEM 4.5.1 All detector racks shall contain a full complement of eight (2) channel detector amplifiers. TSP -36 2 -26 -03 4.6 FIBER OPTIC MODEMS 4.6.1A fiber optic modem shall be installed in each controller assembly. Power shall be supplied by a plug -in transformer which meets the requirements of UL 1459. The fiber optic modem shall meet the following specifications: Power Requirements. .12-24 VAC <6 Watts 1607 Data ...............RS -232, 0 to 56 Kbaud, Async, Full Duplex Bit Error Rate....... less than 10 "9 MTBF ............. > 100,000 Hours Optical Connector .... AT &T ST Power Connector ..... Screw Terminal Data Connector...... Screw Terminal or DB -9 Optical Loss Budget ... > 22dB Operating Temp......- 20 degrees Celsius to +55 Degrees Celsius -- 4.7 FIBER OPTIC CABLE 4.7.1 The Contractor shall furnish and install fiber optic cable as shown on the plans and in accordance with the requirements specified herein. All fiber shall be shipped on reels of marked continuous length. No splices shall be permitted within the fiber jacket. All fiber shall be labeled with the length at a minimum of every meter. After installation, the distance markings at each end run shall be logged and provided to the county. After installation, each run of fiber optic cable shall be marked within 0.3 meters of each splice and/or termination with the location that the cable goes to. The following standards are applicable and are hereby incorporated by reference: ORGANIZATION STANDARD APPLICABILITY REA PE -90 Cable Construction TIA/EIA 598A -95 Color Coding TIA/EIA 472D Fiber Optic Cable BELLCORE TR- NWT -00020 Optical Characteristics 4.7.2 The Single -Mode fiber cable shall consist of 18, 24, 30, 36 or 48 fibers as shown on the plans, arranged in color coded buffer tubes of six individually color coded fibers. When less than six buffer tubes are required for the number of fibers, polyethylene filler rods shall be used to maintain cable integrity. Each buffer tube shall be filled -• with a non - hygroscopic gel for protection of the fibers from impact and moisture ingress. Aramid or Kevlar strength members shall be bundled with the buffer tubes and the filler rods and jackets shall also contain non - hygroscopic gel. The entire cable shall conform to REA Specification PE -90. The minimum bend radius of the cable shall be no more than 242 millimeters, and the maximum tensile strength shall be at least 135 Newtons short term and 30 Newtons long term. The fiber optic cable shall meet the following optical specifications: Attenuation at 1310 nanometers < 0.35 dB/km w_ Attenuation at 1550 nanometers < 0.25 dB/km Attenuation at 1383 nanometers < 2.1 dB /km Point Discontinuity < 0.10 dB/km Core Diameter 8.3 µm Cladding Diameter 1.250 ± 1.0 µm Core -Clad Concentricity < 0.8 µm Coating Diameter 245 ± 10 µm Numerical Aperture 0.13 Index of Refraction (1310nm) 1.4675 Index of Refraction (1550nm) 1.4681 Each fiber shall be Corning Glass Type SMF -28, or approved equivalent. 4.7.2.1 All Fiber cable shall be installed in conduit. Fifteen meters of spare fiber shall be looped neatly in pull boxes as shown on the plans. At each termination point, ten meters of spare fiber cable shall be neatly looped within the cabinet or in an adjacent pull box. This fiber is for future additions or repairs to the fiber network. 4.7.2.2 All installation, testing, repair and connections to the fiber cable required by this Technical Special Provision will be included in Pay Item No. 633 -121. All cable ties, cable clamps, terminal connectors and labor shall be included under this same Pay Item. TSP -37 2 -26 -03 4.8 FIBER OPTIC CABLE TERMINATIONS and SPLICING 16B7 4.8.1 All terminations to fiber optic cable shall be made with FC or ST -II connectors to single fiber break -out cable of 2.4 or 3 mm diameter. Where access to a trunk fiber or local fiber cable is made, a length of single fiber break- out cable shall be spliced onto the trunk fiber by the method outlined below. Nowhere shall a fiber be terminated directly. Where single fiber break -out cable is used, it shall be marked within 150 millimeters of the connector with appropriate nomenclature to identify it. All single -mode single break -out cable shall be yellow in color. 4.8.2 All ST -II connectors shall conform to the AT &T specification for ST -II connectors and all connectors shall utilize a ceramic ferrule and a metallic body. No plastic body or ferrules shall be permitted. The connectors shall be applied by the adhesive and polish method. At least two grades of polish film shall be used and the fiber visually inspected after polishing. Any marks on the fiber core or cladding within a core diameter from the core shall be cause for rejection and re- termination of the fiber. The fiber strength member shall be affixed to the connector by crimp ring or by epoxy. If a crimp ring is used, it shall be crimped with a ratcheting tool that ensures the correct crimp pressure. The completed termination shall exhibit a loss of no more than 0.25 dB per mated pair when tested with an OTDR and a standard test cable. 4.8.3 All fibers shall be spliced by the fusion method. The contractor shall provide and use a fusion splice machine for this purpose. The splice machine shall be equipped with a method for estimating the achieved splice loss. Either the `Local Injection Detection' or `Core Alignment Loss Estimation' system is acceptable. At each splice location, sufficient slack fiber shall be coiled to allow incident and future access to the cable at a distance from the splice point to accommodate a van or tent for the purpose of keeping the splice machine and personnel out of the weather. Where a fiber cable is to be accessed for signal insertion or drop, only the buffer tube containing the fiber(s) to be accessed shall be opened. Only the actual fiber to be accessed shall be cut. If a fiber end is not to be used at the time, it shall be cut to a length equal to that of the fiber to be used and the spare neatly laid into the splice tray. At least 11/2 revolutions of the splice tray of the fiber shall be left on each end of fiber after splicing. 4.8.4 At each splice point, splice organizer trays shall be provided to contain and protect the bare fibers and splices. All splices shall be protected with a heat - shrink sleeve containing a stainless steel strength rod or with a plastic `hot dog bun' with integral adhesive. The splice trays shall have a means to affix the buffer tube rigidly in place, and space and guides to allow `race tracking' of the fiber and guides to locate the splice protectors. Completed splice protectors shall be held in place with RTV silicone or adhesive tape. Where optical splitters are used, they shall be placed within the tray in one of the mounts for a splice. No more than 12 splices or 12 splices and optical splitters shall be placed in one tray. A clear plastic cover shall be put in place on the completed tray. 4.9 FIBER OPTIC PULL BOXES 4.9.1 Pull boxes used for communications cable shall be, as a minimum, sufficient to house the communication cable(s) without bending the cable(s) to less that 14 times the outside diameter(s), or as specified on the plans. The Contractor shall be responsible for properly sizing each pull box to ensure that the recommended bending radius of the communications cable is not violated. All pull boxes for the communications conduit system shall have the word `COMMUNICATIONS' integrally cast into the covers. GENERAL INSTALLATION AND MAINTENANCE REQUIREMENTS 1.0 QUALIFICATIONS OF SIGNAL CONTRACTOR PERSONNEL 1.1 The Contractor who is engaged in installing or maintaining traffic signals within Collier County shall have all work performed under the supervision of a traffic signal technician certified by the International Municipal Signal Organization (I.M.S.A.) as a Level II, Traffic Signal Technician. 1.2 A local permanent telephone number where trouble -calls can be received on a 24 -hour basis shall be provided by the Contractor. 1.3 Licensed Electricians shall supervise all electrical type work. 1.4 Installation, repair and maintenance of the counties fiber optic cable network shall be performed by fully trained and qualified technicians. 2.0 RESPONSIBILITIES OF SIGNAL CONTRACTOR PERSONNEL TSP -38 2 -26 -03 W Fe W�l 2.1 When a signal malfunction occurs, the Contractor shall respond within two hours of notification and repair the traffic signal so that it is operating in a safe manner. The Contractor shall be responsible for the permanent repair, and shall notify the county of the completion of the repairs within 24 hours. If the Contractor fails to respond within two hours, the county reserves the right to either repair the malfunction or employ alternate personnel and charge all costs incurred by Collier County to the Contractor. Authorized Collier County personnel may, at any time, enter the controller cabinet in order to restore any and all signal equipment to proper operation if the malfunction or non- function of such equipment poses a hazard or inconvenience to motorists or pedestrians. Such authorized entry may occur at any time within the period of the contract and such authorized entry shall in no way relieve the Contractor or manufacturer of his respective warranties. 2.2 The Contractor shall be responsible for coordinating with all utilities having overhead or underground facilities in close proximity or possible conflict with the Contractor's excavations and underground cable installation. The Contractor shall notify all utility companies and maintaining agencies forty -eight (48) hours in advance of commencing work. Hand - digging will be required in all areas where the utilities stake or locate a possible conflict, or where hand - digging is specified on the plans. The exact location of utilities shall be determined by the Contractor when necessary during construction. 2.3 The traffic shall be maintained in accordance with the "Manual on Uniform Traffic Control Devices" and "State of Florida, Department of Transportation Design Standards (2002)" and as designated in the plans. In addition, the Contractor shall schedule work in such a manner that signal coordination is maintained throughout the course of the project at locations where the county requires existing coordination to be maintained. Coordination may temporarily be accomplished through the use of time -based coordination (TBC) where applicable, but in no case shall uncoordinated operation exceed a period of 24 hours. Existing signalization shall remain in place to the extent possible and shall be used for Maintenance of Traffic as required. The maintenance of existing signals, until removed, shall be the responsibility of the Contractor. 2.4 Whenever a new traffic control device is to be installed at a location where NO device exists, the installing contractor (from the time of activation of the device) will assume the full responsibility of maintenance of said device until such time as a final inspection is completed by the county and the installation accepted. 2.5 Whenever a new traffic control device is to be installed at a location where there is an existing device, the Contractor shall assume the full responsibility of maintenance of the existing device on the commence work date of the contract. The Contractor shall be responsible for continuous maintenance of the existing device until such time as the new device is activated, inspected by the county, and accepted. 2.6 For new traffic signals, conditional acceptance and inspection will be scheduled with Mr. Bob Tipton of the Collier County Traffic Operations Department at (941) 774 -8494 before the signal is placed in the normal operational mode. Notification is not required before placing the signal in the flashing mode. 3.0 MAINTENANCE OF TRAFFIC 3.1 The Contractor shall be responsible for the Maintenance Of Traffic at the signalized intersections during any construction or maintenance phase of the traffic signal devices. 3.2 Except as approved by the county, there will be no lane closures or signal shutdowns during the following periods: Monday through Friday from 7:00 AM until 9;00 AM and from 4:00 PM until 6:00 PM or as specified on the local agency permit documents. ■ The Contractor will be permitted to work in the roadway during all other periods, unless informed otherwise by the county. In no case shall the Contractor close more than one lane without approval of the county. It is recognized that signal shutdown will at some time be required, such as when installing a new controller. During times when signal shutdown is required, the Contractor shall be responsible for furnishing uniformed Law Enforcement Officers to direct traffic. 4.0 GENERAL CONSTRUCTION REQUIREMENTS TSP -39 2 -26 -03 4.1 INDUCTIVE LOOP DETECTORS 16 B 7 4. 1.1 All loop lead -ins shall run from the proposed loops to the nearest pull box, then to the controller cabinet. All loop wires and loop lead -in assemblies shall be installed continuously as one length of wire or cable. No splices or connections shall be permitted in loop wires or lead -in cables except where indicated in the plans. All splices between twisted loop wire and loop lead -in cable shall be made in pull boxes. Splices in saw cuts, conduit or on poles are not permitted. In pull boxes where twisted loop wires are to be spliced to lead -in cables, allow a minimum of 1.6 meters of slack in the twisted loop wires and the lead -in cable for each loop assembly. All loop lead -in cable shall be grounded to the controller cabinet ground, 4.1.2 Each loop shall be installed on a separate channel, except advance loops which may have a maximum of 2 loops per channel on two lane approaches and three loops per channel on three lane approaches. All loop wires shall be labeled as to phase and direction. 4.1.3 All saw cuts must have loop and lead -in wires placed and sealed immediately after initial sawing with a loop - sealant that is approved by the State Materials Office, and is on the Certified Products List; except Type III Steep Asphalt and Type II Coal Tar Base cement, which are not acceptable for use in Collier County. Loop wire placement in saw cuts shall be a minimum of one inch from pavement surface. 4.1.4 All saw cuts for loops or loop lead -ins at signalized intersections shall not exceed 4.25 inches nor lie less than 3.75 inches, with 4.00 inches being the standard. Exception to this requirement may be taken, when in the judgment of the county, the required depth exceeds the thickness of the existing pavement. 4.2 MAST ARM STRUCTURES 4.2.1 Governing specifications shall be the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction ", 2000 Edition, Supplemental Specifications thereto, and the Florida Department of Transportation 2002 Design Standards. The work shall also be in accordance with AASHTO "Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals" and FDOT Structures -' Design Guidelines. 4.2.2 The Contractor shall field galvanize, prime and paint the areas of mast arm and upright poles damaged or affected by field cutting or drilling operations. 4.2.3 The mast arm and upright finish is to be Sherwin Williams English Ivy #2935 after a galvanization process. -" 4.2.4 Mast arms are to be physically and structurally designed to accommodate the installation of 5- section left turn signal heads in place of 3- section heads for future left turn phases. 4.2.5 Mast arm bases are to be left un- grouted until the leveling nut installation is inspected by the county. 4.3 ELECTRICAL POWER SERVICE Section 639 -4.1 of the FDOT Standard Specifications for Road and Bridge Construction, 2000, as amended is expanded as follows: 4.3.1 The Contractor shall install electrical power service equipment as shown in the plans. Installation shall be in accordance with Index No. 17736 of the Roadway and Traffic Design Standards, January 2000, as illustrated with `NO METER USED'. When replacing any electrical power service, all work shall be completed in one day and the signal shall be made fully operational by the end of the Contractor's workday. 4.3.2 The utility box housing the disconnect shall be constructed of stainless steel. 4.3.4 A 40 ampere breaker will be installed for the electrical power service unless current requirements for normal operation of the signalized intersection exceeds 25 amperes. As a minimum, the breaker supplied for the electrical power service shall exceed the current requirements for normal operation of the signalized intersection by twenty five percent. 4.4 CONDUIT TSP -40 2 -26 -03 4.4.1 All signal cable to mast arm poles and lead -in wires to the cabinet shall run in conduit elkd aim7 ent � or underground as required. Conduit placed under pavement for twisted pairs, fiber and loop lead -in installations shall be installed according to Index No. 17781 of the Roadway and Traffic Design Standards using Alternative No. 2. At no time shall logic level (low voltage), or fiber optic cable be placed in the same conduit as 120 volt signal cable. 4.4.2 All conduit exiting concrete strain poles shall be terminated in a pull box. A #10 galvanized pull wire shall be installed in all spare conduits, or conduits shown on the plans that are to receive cable at a future date. At least two feet of pull wire shall be accessible at each conduit termination and secured within the pull box or place of termination. 4.4.3 All conduit, except for conduit used for electrical service shall be a minimum of 2 ", unless otherwise specified in the plans. 4.4.4 Spare cabinet conduit shall be stubbed and capped in the nearest pull box in accordance with Index No. 17841 of the Roadway and Traffic Design Standards. Conduit entrances into base - mounted controller cabinets through the sides, back or top of the cabinet are not permitted. Conduit entering Pole mounted cabinets shall be rigid steel from the cabinet base to a minimum six inches underground. 4.5 PHASE WIRING 4.5.1 Each vehicle movement shall be wired separately and combined in the controller cabinet to obtain the specific sequence of operation as shown on the plans or as directed by the county. Wherever applicable, or as otherwise specified by the county, the controller assembly will be wired with signal head numbering and vehicle phasing per Index No. 17870 of the Roadway and Traffic Design Standards, and directionally oriented as follows: A. When MAJOR ARTERIAL is a North/South direction: • Southbound Vehicle Movements = Controller Phase Two • Northbound Vehicle Movements = Controller Phase Six • Eastbound Vehicle Movements = Controller Phase Eight • Westbound Vehicle Movements = Controller Phase Four B. When MAJOR ARTERIAL is an East/West direction: • Southbound Vehicle Movements = Controller Phase Eight • Northbound Vehicle Movements = Controller Phase Four • Eastbound Vehicle Movements = Controller Phase Six • Westbound Vehicle Movements = Controller Phase Two 4.6 PEDESTRIAN ASSEMBLIES 4.6.1 Article 653 -2 of the Standard Specifications is expanded as follows: ■ All pedestrian signals shall meet current F.D.O.T. Specifications, shall display International Symbols, be black in color and be constructed of lightweight aluminum. 4.6.2 Article 665 -2 of the Standard Specifications is expanded as follows: ■ Pedestrian and push button signs shall be FTP -48 for 2 button installations and FTP -47 for 1 button installations. Refer to plan sheet notes for applicable street names. The location of each button shall face the crosswalk for which it is intended. Cable from the pedestrian signals shall not be run in the same conduit as the cable for the pedestrian detectors. 4.7 REMOVAL OF EXISTING EQUIPMENT 4.7.1 Existing signal equipment removed from any project shall become the property of Collier County, except any concrete or wooden signal poles which shall be disposed of by the contractor. 4.8 SIGNAL Heads TSP -41 2 -26 -03 4.8.1 Signal heads shall be wired in accordance with the following color code. Signal wiring shall be labeled by phase and direction. All signal indications shall be LED type. Vide 0 Dete ctio n Syst ems The vide 1 0 vehicle detection system shall be easily configurable and expandable to meet traffic management applications such as intersection control, traffic monitoring and incident management, traffic data collection, and traffic control during road or intersection construction. The system shall be composed of the following subsystem components: ■ A Video Detection Processor Sensor (VDP sensor) that provides state -of -the -art vehicle detection, JPEG video compression, and communications with other subsystems and central traffic management software. ■ Windows -based applications software for setup and system configuration as well as any continued monitoring and data collection, if required. ■ System communications that shall operate over any appropriate serial communications links provided by the systems integrator. ■ Optional software developer's kit (SDK) that provides necessary tools for software programmers to integrate the video detection system into the larger, traffic management systems. For ease of installation, reliability, and maintenance, the detection system shall have an integrated color camera, zoom lens, and video processor all in one unit. The detection system shall also have easily configured IP addressing for the video detection sensor field network, and easy -to -use applications software that runs standalone or across LAN / WAN topologies. 1.0 VDP Sensor The VDP sensor shall combine an integrated high- speed, color imaging CCD array with zoom lens optics, image- processing hardware and a general - purpose CPU bundled into a sealed enclosure. The sensor shall be equipped with a sunshield to reflect solar heat and to shield the CCD array and faceplate from direct exposure to the sun. The sensor shall also be equipped with a faceplate heater to eliminate accumulated condensation from obscuring the view of the camera. To achieve optimal traffic detection, the general - purpose CPU shall directly control the optics and camera electronics. The lens shall be pre- focused at the factory and shall not require field adjustment. The zoom optics shall maintain focus throughout the operating range from 7 to 74 degrees horizontal field of view (5 to 58 degrees vertical field of view). At an operator's request, the video sensor shall temporarily switch to surveillance mode operation which shall suspend detection processing, allowing the operator to zoom the lens. TSP -42 2 -26 -03 1 RED 3- SECTION THRU MOVEMENT RED BALL 2 ORANGE 3- SECTION THRU MOVEMENT YEL BALL 3 GREEN 3- SECTION THRU MOVEMENT GREEN BALL 4 BLUE SPARE OR 5- SECTION GREEN ARROW 5 BLACK SPARE OR 5- SECTION YELLOW ARROW 6 RED/BLACK 3- SECTION RED ARROW 7 ORANGE/BLACK 3- SECTION YELLOW ARROW 8 GREEN/BLACK 3- SECTION GREEN ARROW 9 BLUE/BLACK SPARE 10 BLACK/WHITE SPARE 11 WHITEBLACK NEUTRAL FOR TURN SIGNALS 2 WHITE NEUTRAL FOR THRU SIGNALS Vide 0 Dete ctio n Syst ems The vide 1 0 vehicle detection system shall be easily configurable and expandable to meet traffic management applications such as intersection control, traffic monitoring and incident management, traffic data collection, and traffic control during road or intersection construction. The system shall be composed of the following subsystem components: ■ A Video Detection Processor Sensor (VDP sensor) that provides state -of -the -art vehicle detection, JPEG video compression, and communications with other subsystems and central traffic management software. ■ Windows -based applications software for setup and system configuration as well as any continued monitoring and data collection, if required. ■ System communications that shall operate over any appropriate serial communications links provided by the systems integrator. ■ Optional software developer's kit (SDK) that provides necessary tools for software programmers to integrate the video detection system into the larger, traffic management systems. For ease of installation, reliability, and maintenance, the detection system shall have an integrated color camera, zoom lens, and video processor all in one unit. The detection system shall also have easily configured IP addressing for the video detection sensor field network, and easy -to -use applications software that runs standalone or across LAN / WAN topologies. 1.0 VDP Sensor The VDP sensor shall combine an integrated high- speed, color imaging CCD array with zoom lens optics, image- processing hardware and a general - purpose CPU bundled into a sealed enclosure. The sensor shall be equipped with a sunshield to reflect solar heat and to shield the CCD array and faceplate from direct exposure to the sun. The sensor shall also be equipped with a faceplate heater to eliminate accumulated condensation from obscuring the view of the camera. To achieve optimal traffic detection, the general - purpose CPU shall directly control the optics and camera electronics. The lens shall be pre- focused at the factory and shall not require field adjustment. The zoom optics shall maintain focus throughout the operating range from 7 to 74 degrees horizontal field of view (5 to 58 degrees vertical field of view). At an operator's request, the video sensor shall temporarily switch to surveillance mode operation which shall suspend detection processing, allowing the operator to zoom the lens. TSP -42 2 -26 -03 16B7 ii The VDP sensor shall provide color analog video output at 30 frames per. second when configured fbr'NI�SC an P g P frames per second for PAL and shall process a minimum of twenty (20) detector zones placed anywhere in the field of view of the sensor. The analog video output shall provide graphics overlay that indicates the current real -time detection state. Video frame JPEG compression shall be capable of providing snapshot updates in as little as 3 seconds over typical phone modems. The operator shall select either the desired video quality or the desired frame rate, and the compression shall automatically adapt to provide either the highest frame rate at the requested video quality or the best quality at the requested frame rate, based on the effective communications system data throughput rate. Multiple workstations shall be able to simultaneously access and view the compressed digital video stream. The first workstation to connect shall have full control of video quality or update rate. 1.1 VDP Sensor External Interfaces The external interfaces to the VDP sensor shall include: a network communications port for setup, configuration, and communications; differential color video out; and 24 VAC/DC power to operate the sensor. 1.1.1 Network Communications Port: There shall be a field network communications port to configure and provide general communications and data retrieval. The VDP sensor shall use a full or half duplex, RS -485, 4 -wire electrical network to facilitate communications to a local or remote computer. This port shall be used to update the embedded software with a new software release. Each VDP sensor shall be IP addressable using the UDP /IP message packet and routing standard. 1.1.2 Differential Video: The VDP sensor shall output full motion, differential analog video supporting either the NTSC or PAL video format. The differential analog video shall be transmitted over a single, twisted pair. 1. 1.3 Power: The VDP sensor shall operate on 24 VAC at 50/60 Hz or 24 VDC. The camera and processor electronics and power supply shall consume a maximum of 10 watts. The integrated faceplate heater shall consume a maximum of 5 watts. The total power consumption shall be less than 15 watts. 2.0 VDP Sensor Operations Log The VDP sensor shall maintain a non - volatile operations log, which minimally contains: revision numbers for the current VDP sensor hardware and software components; title and comments for the detector configuration; date and time the last detector configuration was downloaded to the VDP sensor; date and time the operations log was last cleared; date and time communications were opened or closed with the VDP sensor; date and time of last power -up; and time - stamped, self- diagnosed hardware and software errors that shall aid in system maintenance and troubleshooting. 3.0 VDP Sensor Vehicle Detection Requirements The real -time, detection performance of the VDP sensor shall be optimized to meet the requirements for the traffic application. These shall determine the VDP sensor mounting location; the number of traffic lanes to monitor; sizing, placement, and orientation of vehicle detectors; whether traffic is approaching or receding from the sensor's field of view; and how to minimize the effects of lane- changing maneuvers. 3.1 Detector Types The VDP sensor shall be programmed with a variety of detector types that perform specific functions. The general functions performed by the detectors shall include: ■ presence /passage detection of moving and stopped vehicles. ■ detection based on the direction of travel or based on when a moving vehicle stops. ■ Measuring vehicle speed and length and provide five (5) classes of vehicles based on length. ■ Generate alarm status based on the detection of shock waves, wrong -way vehicles (ghost runners), stopped vehicles, red -light runners, or other operator - defined, traffic conditions considered significant. TSP -43 2 -26 -03 16B7 ■ Combine the output of multiple detectors with logical operators and modify the combined state based on delay or extension timers relative to the state of any signal phase state. While not strictly a detector, an operator- defined label shall be able to show a label identifying location of the camera field of view, various operational system parameters such as time of day, date, IP address, baud rate and processing load index. 3.2 Detection Zone Placement The video detection system shall provide flexible detection zone placement at any orientation within the field of view of the VDP sensor. Preferred detector configurations shall be to place detection zones across lanes of traffic for optimal count accuracy and to place detection zones parallel to lanes of traffic for optimal presence detection accuracy of moving or stopped vehicles. Detection zones shall be able to be overlapped for optimal road coverage. In addition, selective groups of detectors shall be able to be logically combined into a single output and further modified by using optional delay and extend timing and signal state inputs if available. Optimal detection shall be achieved when the VDP sensor placement provides an unobstructed view of each traffic lane where vehicle detection is required. Obstruction of the view can occur when vehicles from a lane nearer to the sensor obscure the view of the roadway of a lane further away from the sensor. 3.3 Detection Zone Programming Placement of detection zones shall be easily done using a mouse or other pointing device on a PC. A standard VGA monitor shall display the detection zones superimposed on images of traffic scenes. A standard mouse and keyboard shall be used to: place, size, and orient detection zones to provide optimal road coverage for vehicle detection; modify detector parameters for site geometry to optimize performance; edit previously defined detector configurations to adjust the detection zone size and placement, add detectors for additional traffic applications, and to reprogram the sensor for different traffic applications, changes in installation site geometry, or traffic rerouting. It shall also be possible to: download detector configurations from the computer to the VDP sensor; upload the current detector configuration that is running in the VDP sensor; back up detector configurations by saving them to the computer's storage drives; and perform the above upload, store, and retrieve functions for video snapshots of the VDP sensors' view. 3.4 Optimal Detection The video detection system shall provide optimal detection of vehicle passage and presence when the VDP sensor is mounted 10 in (30 ft) or higher above the roadway, the image sensor is adjacent to the desired coverage area, and the distance to the farthest detection zone locations is not greater than 10 times the mounting height of the VDP sensor. The recommended deployment geometry for optimal detection requires that there be an unobstructed view of each traveled lane where detection is required. Although optimal detection may be obtained when the VDP sensor is mounted directly above the traveled lanes, the VDP sensor shall not be required to be directly over the roadway. The VDP sensor shall be able to view either approaching or receding traffic or both in the same field of view. The preferred orientation for optimal detection shall be to view approaching traffic since there are more high- contrast features on vehicles that are viewed from the front rather than the rear. The VDP sensor, when placed at a mounting height that minimizes vehicle image occlusion and the zoom lens adjusted to match the width of the road, shall be able to monitor a maximum of 6 to 8 traffic lanes simultaneously. 3.4.1 Count Detection Performance: Using a VDP sensor installed that meets the optimal viewing specifications described above; the system shall be able to accurately count vehicles with at least 96% accuracy under normal operating conditions (day and night), and at least 93% accuracy under artifact conditions. TSP -44 2 -26 -03 16B 7' Artifact conditions are combinations of weather and lighting conditions that result from shadows, fog, rain, sno , etc. The volume count shall be accumulated for the entire roadway (all traveled lanes), and accumulated over time intervals that contain a minimum of one hundred (100) vehicles to ensure statistical significance. 3.4.2 Demand Presence Detection Performance: Using a VDP sensor installed that meets the optimal viewing specifications described above, the system shall be able to accurately provide demand presence detection. The demand presence accuracy shall be based on the ability to enable a protected turning movement on an intersection stop line, when a demand exists. The probability of not detecting a vehicle for demand presence shall be less than I% error under all operating conditions. In the presence of artifact conditions, the VDP sensor shall minimize extraneous (false ) protected movement calls to less than 7 %. To ensure statistical significance, the demand presence accuracy and error shall be calculated over time intervals that contain a minimum of 100 protected turning movements. The calculation of the demand presence error shall not include turning movements where vehicles do not pass through the presence detectors, or where they stop short or stop beyond the combined detection zones. 3.5 Speed Detection Performance The VDP sensor shall accurately measure average (arithmetic mean) speed of multiple vehicles with more than 98% accuracy under all operating conditions for approaching and receding traffic. The average speed measurement shall include more than 10 vehicles in the sample to ensure statistical significance. The VDP sensor shall accurately measure individual vehicle speeds with more than 95% accuracy under all operating conditions for vehicles approaching the sensor (viewing the front end of vehicles), and 90% accuracy for vehicles receding from the sensor (viewing the rear end of vehicles). 4.0 VDP Sensor Hardware 4.1 VDP Sensor Video Camera The VDP sensor video camera shall use a 1/3 -inch, 380K/440K, Pixel Super HAD CCD that outputs NTSC or PAL color video. The resolution for NTSC shall be more than 460 TV lines (horizontal) and 350 TV lines (vertical). The resolution for PAL shall be more than 450 TV lines (horizontal) and 400 TV lines (vertical). The VDP sensor video camera shall provide: direct, real -time iris, shutter speed, and video gain (AGC) control; a video surveillance mode where the video output is optimized for human surveillance; and an optical filter and appropriate electronic circuitry to suppress blooming and streaking effects at night. The VDP sensor video camera shall provide useable video and resolvable features in the video image when those features have luminance levels as low as 0.11ux at night at 50 IRE. The camera shall also provide useable video and resolvable features in the video image when those features have luminance levels as high 10,000 lux during the day. It shall further provide useable video and resolvable features in the video image when the ratio of the luminance of the resolved features in any single video frame is 300:1. 4.2 VDP Sensor Optics The VDP sensor shall be equipped with an integrated zoom lens with zoom and focus capabilities that can be controlled using either applications software or a hand -held controller. The zoom lens shall provide true 12x optical zoom over the range 7 to 73 degrees horizontal and 5 to 58 degrees vertical. The focus shall be set in the factory with no field adjustment necessary. 4.3 VDP Sensor Enclosure The VDP sensor and lens assembly shall be housed in an environmental enclosure that provides the following capabilities: TSP -45 2 -26 -03 _ B 7 ,t The enclosure shall be waterproof and dust -tight to NEMA -4 specifications, and shall have the option to be pressurized with dry nitrogen. The enclosure shall allow the VDP sensor to operate satisfactorily over an ambient temperature range from -34 degrees C to +60 degrees C while exposed to precipitation as well as direct sunlight. The enclosure shall allow the image sensor horizon to be rotated during field installation. The enclosure shall include a provision at the rear of the enclosure for connection of the factory - fabricated power, communications, and video signal cable. Input power to the environmental enclosure shall be 24 V AC/DC and either 50 or 60 Hz. The enclosure shall be light - colored and shall include a sun shield to minimize solar heating and glare. The front edge of the sunshield shall protrude beyond the front edge of the environmental enclosure and shall include provision to divert water flow to the sides of the sunshield. The amount of overhang of the sunshield shall be adjustable to prevent direct sunlight from entering the lens or hitting the faceplate. The total weight of the image sensor in the environmental enclosure with sunshield shall be less than 2.7 kg (6 pounds). When operating in the environmental enclosure with the power, communication and video signal cable connected, the image sensor shall meet FCC class B and CE requirements for electromagnetic interference emissions. 4.4 VDP Sensor Electrical The video output of the VDP sensor shall be isolated from earth ground. All video connections from the sensor to the interface panel shall also be isolated from earth ground. The video output, communication, and power stages of the sensor shall include transient protection to prevent damage to the sensor due to voltage transients occurring on the cable leading from the VDP sensor to other field terminations. Connections for video, communications, and power shall be made to the image sensor using a single, 18 -pin circular metal shell connector (Bendix PT07C- 14- 18P or equivalent). The mating cable shall use a right -angle shell. The VDP sensor shall meet CE, FCC, and UL requirements for safety and EMI. 4.5 VDP Sensor Field Interface Equipment 4.5.1 Communications Panel Requirements: A communications interface panel shall be provided with each VDP sensor for installation. The communications interface panel shall provide a terminal block for terminating power (three wires), as well as terminations for two, twisted -pair wires for network communications to the VDP sensor. There shall also be two sets of terminations for two, twisted -pair wires for a point -to -point field network, one upstream towards the central system and one downstream towards more field equipment. The communications interface panel shall also provide transient protection for all communication and video terminations and a DB9 connector for network communications with the VDP sensor. 5.0 Warranty, Maintenance, and Support The video detection system shall be warranted by its supplier for a minimum of two years. The supplier shall maintain a program for technical support and software updates following the expiration of the warranty period. This program shall be made available to the contracting agency in the form of a separate agreement for continuing support. -- END OF TECHNICAL SPECIAL PROVISIONS TSP -46 2 -26 -03 LAKELAND AVENUE COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 EXHIBIT K PERMITS GENERAL 16B7 j� The Contractor shall abide by all conditions, statutes, and regulations issued by the jurisdictional authorities, boards and agencies of the County, State and Federal governments. The Contractor shall be fully responsible for the execution and adherence to all directives, instructions, conditions, issuance of notices, special conditions and/or limiting conditions contained in permits specifically issued for this project and which pertain to or affect the construction phase of this project. Permits for this project have been issued by the U.S. Army Corps of Engineers (ACOE), the Florida Department of Environmental Protection (FDEP), and the South Florida Water Management District (SFWMD). The cost of materials, supplies, labor, testing, permit fees and other direct or indirect expenses required to abide by or execute conditions of the permits shall be paid for by the Contractor. The Contractor's reimbursement for said costs shall be distributed within the various items of work or materials associated with the construction of the project. Except for Pay Item 104 -99 STORMWATER POLLUTION PREVENTION PLAN (NPDES), there is no direct or specific payment item in the bid for cost due to compliance with said permits or associated fees. EXHIBIT K -1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT — Environmental Resource Standard General Permit No. 11- 00861 -S dated October 14, 2002. EXHIBIT K -2 U.S. ARMY CORPS OF ENGINEERS — Nationwide Permit No. 14 (Application No. 200260161 — Nationwide Permit Verification dated September 24, 2002). EXHIBIT K -3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT — SFWMD Standard Permit No. 11939 dated November 14, 2002 (This permit may also be known or commonly referred to as a "right of way" permit). EXHIBIT K -4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION — Generic Permit for Stormwater Discharge from Construction Activities That Disturb Five or More Acres of Land, dated October 22, 2000 (This permit may also be known or commonly referred to as a "NPDES" permit). K -1 LAKELAND AVENUE �- COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 B 7 14 EXHIBIT K -1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT — Environmental Resource Standard General Permit No. 11- 00861 -S dated October 14, 2002. W: \2000\2000067 \1600 - submittal Documents Prep\Iakeland Bridge\Exhibit K - Permits\EXHIBIT K -Ldoc SOUTH FLORIDA WATER MANAGEMENT DISTRIt,T ENVIRONMENTAL RESOURCE 6 3' STANDARD GENERAL PERMIT NO. 11- 00861 -S 1 B 7 DATE ISSUED: October 14, 2002 Form #0941 08/95 PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCT 1 6 2002 3301 E TAMIAMI TRAIL BUILDING D HOLE MONTES NAPLES, FL 34112 , INC, PROJECT DESCRIPTION: Modification of a Surface Water Management Permit to authorize construction and operation of a surface water management system to serve a 1.71 acre roadway project known as Immokalee Road /Lakeland Avenue Bridge. The system discharges to the Cocohatchee Canal. PROJECT LOCATION: COLLIER COUNTY, SEC 24 TWP 48S RGE 25E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 020916 -16, dated September 16, 2002. This action is taken pursuant to Rule 40E -1.603 and Chapter 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 General Conditions (See Pages : 2 - 4 of 5 ), 3. the attached 12 Special Conditions (See Pages : 5 - 5 of 5 ) and 4. the attached 6 Exhibit(s). Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 14th day of October, 2002, in accordance with Section 120.60(3), Florida Statutes Carla N. Palmer, P.E. Regulatory Section Leader Lower West Coast Service Center Certified mail number 7002 0860 0002 2016 5337 Page 1 of NOTICE OF RIGHTS 16 B 7 T-A Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Cleric. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Headnq: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. C. Administrative Complaint and Order If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated , applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emeraency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28- 107.005 and 40E- 1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g, below. g. Permit Suspension Revocation Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August, 2000 any such final decision of the SFWMD shall have, pursuant to Rule 40E- 1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E- 1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission ( FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28- 106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised August, 2000 publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28- 106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28- 106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other night that a person may have concerning the SFWMD's action. Pursuant to Rule 28- 104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; 6 B 7 (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule is implementing: (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28- 106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known: (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision: (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Revised August, 2000 28- 106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The narne and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42 -2.013 REQUEST FOR REVIEW PURSUANT TC SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to file the request with the Commission within the time period provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; 16B7 r (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a (tile. 28- 107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) the 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40E -1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial; industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Revised August, 2000 Application No. 020916 -16 Page 2 of 5 GENERAL CONDITIONS 6 B 7 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. I Activities approved by this permit shall be conducted in a manner which does not cause violations of State ' water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. unless a project- specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. _. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. �- 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction m Completion /Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved _. drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "As- built' or "Record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and - maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the Application No. 020916 -16 Page 3 of 5 GENERAL CONDITIONS I approved responsible operating entity if different from the permittee. Until the perms Ztrans!ld pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(4), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delination of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and Application No. 020916 -16 - Page 4 of 5 GENERAL CONDITIONS 16 B 7 '144 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Application No. 020916 -16 Page 5 of 5 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on October 14, 2007. 16B7 2. Operation of the surface water management system shall be the responsibility of Collier County Department Of Transportation. 3. Discharge Facilities: Through previously permitted facilities. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. All special conditions and Exhibits previously stipulated by permit number 11- 00861 -S remain in effect unless otherwise revised and shall apply to this modification. 11. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. 12. Plan sheets 8, 9, 11, 13 thru 16, signed, sealed and dated by Walter Gilcher,P.E. on September 13, 2002 are incorporated by reference into this permit modification and will be retained in this permit file. CL Z 0 1687 !j Last Date For Agency Action: November 15, 2002 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Immokalee Rd And Lakeland Ave Bridge Permit No.: 11-00861-S Application No.: 020916 -16 Application Type: Environmental Resource (General Permit Modification) Location: Collier County, S24/T48S/R25E Permittee : Collier County Board Of County Commissioners Operating Entity : Collier County Department Of Transportation Project Area: 1.71 acres Project Land Use: Roadway Within Residential Drainage Basin: AS COLLIER Receiving Body:ohatchee Canal Special Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No €. ;$i'a Modification of a Surface Water Management Permit to authorize construction and operation of a surface water management system to serve a 1.71 acre roadway project known as Immokalee Road /Lakeland Avenue Bridge. The system discharges to the Cocohatchee Canal. Staff recommends approval with conditions. App.no.: 020916 -16 Page 1 of 4 PROJECT EVALUATION: ti Lakeland Avenue is an existing two lane north /south roadway located west of 1 -75, north of Immokalee Road in Collier Countywith a southern terminus at Piper Boulevard and a northern terminus extending to a residential development named Armadillo Estates. A location map is attached as Exhibit 1. The proposed bridge location crosses the Cocohatchee Canal at the intersection of Lakeland Avenue and Piper Boulevard, and Immokalee Road. The area adjacent to the roadways consist of urban development. The canal is predominately open water with little or no littoral shelf. The canal is subject to regular periodic maintenance by the Big Cypress Basin. The canal is an Other Surface Water. The project consists of a 0.81 acre four lane bridge on Lakeland Avenue between Immokalee Road and Piper Boulevard, across the Cocohatchee Canal. The water management system is provided through existing and proposed storm sewer pipes that will discharge run -off from the new 0.81 acre of impervious area into a stormceptor system. This proposed system will treat the run -off from these impervious surfaces into a pollution retardant structure which will remove more than 80% of the suspended solids and oils. Furthermore, this stormceptor system receives flows from the existing Lakeland Avenue and provides treatment for areas that are currently not treated. With the construction of the Lakeland Avenue bridge, the old bridge located at the intersection of Euclid Avenue and Immokalee Road will be removed. The total area of work in, on or over other surface waters is 0.93 acres. an ' rxsv.ud axy +s �xct�. „+ -, nrr��k x.,«k,.zl e4 .: n bk ... +r, rF5i1 Y,4Y 4:.. itKnrw• <� "�,.�valavr. r...F' ;a., t...�XE. ..at��:a2��'4 �i�i�� Kw:�� }�SY x)_,�"r�.2 a�. i�"eA,I F.�..'h � Construction: Project: This Phase Pavement .81 acres Pervious .90 acres Total: 1.71 �Yns.�xi. s a rex7r3�.#s , tf� a 1y"Y �, t�lyy Y+.�h+��:ik��ri'���;{e��+U�E� Discharge Rate : �. The proposed project is consistent with the land use and site grading assumptions from the design of the surface water management system. Therefore, the surface water management system for this project has not been designed to limit discharge for the design event to a specified rate. l 8 � + 7 ��,q+�ro yw> i zt � vs .K fir• ?,� rkil � s a� 9 1 * . UR y of - � u a .; 4 1r � .� y'Sz With the installation of the stormceptor system, the new 0.81 acre of impervious area will be treated into a pollution retardant stuctures which will remove more than 80% of the suspended solids. As a result of that stormceptor system installation, there will a be a net improvement in water quality treatment. App.no.: 020916 -16 Page 2 of 5 1 B Therefore, no adverse water quality impacts are anticipated as a result of the proposed project. T, 17s Wetland Inventory : CONSTRUCTION MOD - IMMOKALEE RD AND LAKELAND AVE BRIDGE ONSITE Pre - Development Post- Developmeni Total Impacted Undisturbed Enhanced Preserved Restored/ Existing Created Other Surface Waters .98 .98 Total: .98 .98 It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E- 4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E- 4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 020916 -16 Page 3 of 4 RELATED CONCERNS: Water Use Permit Status: A Water Use permit is not required for this project at this time. This permit does not release the permittee from obtaining all necessary Water Use authorizations) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a general permit issued pursuant to Section 40E -20 FAC. Historical /Archeological Resources: No information has been received that indicates the presence of archaeological or historical resources or that the proposed activities could cause adverse impacts to archaeological or historical resources. DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Community Affairs or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: DIVISION APPROVAL: NATURAL RESOURCE MANAGEMENT: Karen M. Johnson SURFACE WATER MANAGEMENT: Rich arc ,H, -Thompson, P. . App.no.: 020916 -16 Page 4 of 4 DATE: DATE: L I Y O co 00 z D Z d N io co m x x a a rA OR-4-no O1 O (O z m 1 m 0 0 n w (D m � m m X v m 7 0 _ N c 7 7 cn O Q N ^` °o 3 m m �v CL o m o �. v o N b a A m rn V z v n m v m x_ v U) rt m 5 C c to -t O O '' •3 M O d N � fl. m cD v 0 m v � 3 � J (o 3 I d o � v = �« w � v C m O 'O ^! � f�D O1 O (O z m 1 m 0 STAFF REPORT DISTRIBUTION LIST IMMOKALEE RD AND LAKELAND AVE BRIDGE w Application No: 020916 -16 Permit No: 11- 00861 -S INTERNAL DISTRIBUTION X Deborah B. Marzella - 6860 X PIERRE FORTUNAT - 6860 X Karen M. Johnson - 6860 X Richard H. Thompson, P.E. - 6860 X ERC Engineering - 4720 X ERC Environmental - 4720 X Fort Myers Backup File -4720 X Permit File 4 EXTERNAL DISTRIBUTION X Permittee - Collier County Board Of County Commissioners X Agent - Hole Montes Inc X Applicant - Collier Co Govt Transportation And Eng And Const M GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 8 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Bureau of Protected Species Mgmt OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X Collier County Audubon Society X Florida Wildlife Federation - Nancy Anne Payton X Leonore Reich X S.W.F.R.P.C. - Glenn Heath X Water Management Institute - Michael N. Vanatta STAFF REPORT DISTRIBUTION LISTI 6 l 7 11,1 ADDRESSES Hole Montes Inc 6202 -F Presidential Ct Fort Myers FL 33919 Collier County Board Of County Commissioners 3301 E Tamiami Trail Building D Naples FL 34112 Collier County - Agricultural Agent 3301 Tamiami Trail East Po Box 413044 Naples FL 34101-3044 Div of Recreation and Park - District 8 - FDEP 1843 South Tamiami Trail Osprey FL 34229 Florida Fish & Wildlife Conservation Commission - Bureau of Protected Species Mgmt 620 South Meridian Street Tallahassee FL 32399 -6000 Audubon of Florida - Charles Lee 1331 Palmetto Ave Suite 110 Winter Park FL 32789 Florida Wildlife Federation - Nancy Anne Payton 2590 Golden Gate Parkway Suite 109 Naples FL 34105 S.W.F.R.P.C. - Glenn Heath 0 Collier Co Govt Transportation And Eng,And Const M 2675 S Horseshoe Dr Suite 401 Naples FL 34104 Collier County Engineer Engineering Review Services 3301 Tamiami Trail Naples FL 34112 FDEP 2295 Victoria Avenue Fort Myers FL 33901 Collier County Audubon Society 1441 Gulf Coast Drive Po Box 11387 Naples FL 34101 -1387 Leonore Reich 713 Reef Point Circle Naples FL 33963 Water Management Institute - Michael N. Vanatta Po Box 6446 Vero Beach FL 32961 Application No: 020916 -16 Page 2 of 2 STAFF REPORT DISTRIBUTION LIST 1 0C r 1 !° 2 IIf117 IMMOKALEE RD AND LAKELAND AVE BRIDGE Applicatir No: 020916 -16 Permit No: 11- 00861 -S INTERNAL DISTRIBUTION X Deborah B. Marzella - 6860 X PIERRE FORTUNAT - 6860 X Karen M. Johnson - 6860 X Richard H. Thompson, P.E. - 6860 X ERC Engineering - 4720 X ERC environmental - 4720 X Fort Myers Backup File -4720 X Permit File 1b B 7a.. EXTERNAL DISTRIBUTION X Permittee - Collier County Board Of County Commissioners X Agent - Hole Montes Inc X Applicant - Collier Co Govt Transportation And Eng And Const M GOVERNMENT AGENCIES X Collier County - Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 8 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Bureau of Protected Species Mgmt OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X Collier County Audubon Society X Florida Wildlife Federation - Nancy Anne Payton X Leonore Reich X S.W.F.R.P.C. - Glenn Heath X Water Management Institute - Michael N. Vanatta STAFF REPORT DISTRIBUTION LIST 71,j ADDRESSES Hole Montes Inc 6202 -F Presidential Ct Fort Myers FL 33919 Collier County Board Of County Commissioners 3301 E Tamiami Trail Building D Naples FL 34112 Collier County - Agricultural Agent 3301 Tamiami Trail East Po Box 413044 Naples FL 34101 -3044 Div of Recreation and Park - District 8 - FDEP 1843 South Tamiami Trail Osprey FL 34229 Florida Fish & Wildlife Conservation Commission - Bureau of Protected Species Mgmt 620 South Meridian Street Tallahassee FL 32399 -6000 Audubon of Florida - Charles Lee 1331 Palmetto Ave Suite 110 Winter Park FL 32789 Florida Wildlife Federation - Nancy Anne Payton 2590 Golden Gate Parkway Suite 109 Naples FL 34105 S.W.F.R.P.C. - Glenn Heath Collier Co Govt Transportation And Eng And Const M 2675 S Horseshoe Dr Suite 401 Naples FL 34104 Collier County Engineer Engineering Review Services 3301 Tamiami Trail Naples FL 34112 FDEP 2295 Victoria Avenue Fort Myers FL 33901 Collier County Audubon Society 1441 Gulf Coast Drive Po Box 11387 Naples FL 34101-1387 Leonore Reich 713 Reef Point Circle Naples FL 33963 Water Management Institute - Michael N. Vanatta Po Box 6446 Vero Beach FL 32961 Application No: 020916 -16 Page 2 of 2 LAKELAND AVENUE COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 EXHIBIT K -2 U.S. ARMY CORPS OF ENGINEERS — Nationwide Permit No. 14 (Application No. 200260161 — Nationwide Permit Verification dated September 24, 2002). W:\2000\2000067 \1600 - Submittal Documents PrepTakeland Bridge\Exhibit K - Permits\EXHIBIT K -2.doc DEPARTMENT OF THE ARMY NA Dear Applicant: Ip.PERMIT VEqR_If ik€ te B 7 Your application for a Department of the Army (DA) permit has been kssl6 fieTl n)6er t;R The proposed work is identified in our database as A review of the information and drawings provided shows that your project is authorized by Nationwide Permit (NWP) number 1 This NWP verification is valid until —� " `f - -- 7 , or as otherwise noted at http : / /www.saj.usace. army .mil /permit/perTnifing /nwp /nw nca/NW- Table.html. The intemet address shown is case sensitive and must be entered exactly as shown. In order to comply with the terms and conditions of the NWP authorization you are required to access the noted web page to view the conditions associated with the use of this verification. The Self- Certification process identified in the General Conditions must be accomplished to maintain compliance with the issued verification. If you are unable to access the intemet site provided, you must notify the assigned project manager, :;e/. t L - , by telephone at - �f - % to obtain a copy of any conditions, limitations, or expiration date information for-the authorization provided by this correspondence. A separate DA permit is not required providing the work is done in accordance with the drawings and information as provided in your request, received by the U.S. Army Corps of Engineers on 9 - t '7-U L. , and the terns and conditions listed at the website address identified above. If you do not complete construction of your project within the appropriate time limit, a separate application or re- verification will be required. Sincerely,, C� Joh Hall Chi Regulatory D' ' on NOTE: In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection; a water management district under,s 373.069, F.S., or a local govemment with delegated authority under s. 373.441, F.S.; and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of sovereignty submerged lands that must be obtained as part of the associated WQC or CZCC. Edition Date: 1 August 2002 DECISION DOCUMENT NATIONWIDE PERMIT 14 7 This document discusses the factors considered by the Corps of Engineers (Corps) during the modification process for this Nationwide Permit (NWP). This document contains: (1) the public interest review required by Corps regulations at 33 CFR 320.4(a)(1) and (2); (2) a discussion of the environmental considerations necessary to comply with the National Environmental Policy Act; and (3) the impact analysis specified in Subparts C through F of the 404(b)(1) Guidelines (40 CFR Part 230). This evaluation of the NWP includes a discussion of compliance with applicable laws, consideration of public comments, an alternatives analysis, and a general assessment of individual and cumulative impacts, including the general potential effects on each of the public interest factors specified at 33 CFR 320.4(a). LINEAR TRANSPORTATION CROSSINGS. Activities required for the construction, expansion, modification, or improvement of linear transportation crossings (e.g., highways, railways, trails, airport runways, and taxiways) in waters of the US, including wetlands, if the activity meets the following criteria: a. This NWP is subject to the following acreage limits: (1) For linear transportation projects in non-tidal waters, provided the discharge does not cause the loss of greater than ',4acre of waters of the US; (2) For linear transportation projects in tidal waters, provided the discharge does not cause the loss of greater than 1/3 -acre of waters of the US. b. The permittee must notify the District Engineer in accordance with General Condition 13 if any of the following criteria are met: (1) The discharge causes the loss of greater than 1/10 -acre of waters of the US; or (2) There is a discharge in a special aquatic site, including wetlands; c. The notification must include a compensatory mitigation proposal to offset permanent losses of waters of the US to ensure that those losses result only in minimal adverse effects to the aquatic environment and a statement describing how temporary losses will be minimized to the maximum extent practicable; d. For discharges in special aquatic sites, including wetlands, and stream riffle and pool complexes, the notification must include a delineation of the affected special aquatic sites; 1687 '� e. The width of the fill is limited to the minimum necessary for the crossing; f. This permit does not authorize stream channelization, and the authorized activities must not cause more than minimal changes to the hydraulic flow characteristics of the stream, increase flooding, or cause more than minimal degradation of water quality of any stream (see General Conditions 9 and 21); g. This permit cannot be used to authorize nonlinear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars; and h. The crossing is a single and complete project for crossing waters of the US. Where a road segment (i.e., the shortest segment of a road with independent utility that is part of a larger project) has multiple crossings of streams (several single and complete projects) the Corps will consider whether it should use its discretionary authority to require an Individual Permit. (Sections 10 and 404) Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for moving mining equipment may be eligible for an exemption from the need for a Section 404 permit (see 33 CFR 323.4). General conditions of the NWPs are in the Federal Register notice announcing the modification of this NWT. Notification requirements, additional conditions, limitations, and restrictions are in 33 CFR Part 330. 2. STATUTORY AUTHORITY: (a) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) (b) Section 404 of the Clean Water Act (33 U.S.C. 1344) COMPLIANCE WITH RELATED LAWS (33 CFR 320.3): (a) General: NWPs are a type of general permit designed to authorize certain activities that have minimal adverse effects on the aquatic environment and generally comply with the related laws cited in 33 CFR 320.3. Activities that result in more than minimal adverse effects on the aquatic environment, individually or cumulatively, cannot be authorized by NWPs. Individual review of each activity authorized by an NWP will not normally be performed, except when preconstruction notification to the Corps is required or when an applicant requests verification 2 163711 that an activity complies with an NWP. Potential adverse impacts and compliance with the laws cited in 33 CFR 320.3 are controlled by the terms and conditions of each NWP, regional and case - specific conditions, and the review process that is undertaken prior to the issuance or -- modification of NWPs. The evaluation of this NWP, and related documentation, considers compliance with each of the following laws, where applicable: Sections 401, 402, and 404 of the Clean Water Act; Section 307(c) of the Coastal Zone Management Act of 1972, as amended; Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended; the National Environmental Policy Act of 1969; the Fish and Wildlife Act of 1956; the Migratory Marine Game -Fish Act; the Fish and Wildlife Coordination Act, the Federal Power Act of 1920, as amended; the National Historic Preservation Act of 1966; the Interstate Land Sales Full Disclosure Act; the Endangered Species Act; the Deepwater Port Act of 1974; the Marine Mammal Protection Act of 1972; Section 7(a) of the Wild and Scenic Rivers Act; the Ocean Thermal Energy Act of - 1980; the National Fishing Enhancement Act of 1984; and the Magnuson - Stevens Fishery and Conservation and Management Act. In addition, compliance of the NWT with other Federal requirements, such as Executive Orders and Federal regulations addressing issues such as floodplains, essential fish habitat, and critical resource waters is considered. (b) Terms and Conditions: Many NWPs have notification requirements that trigger case -by -case review of certain activities. Two NWP general conditions require case -by -case review of all activities that may adversely affect Federally- listed endangered or threatened species or historic properties (i.e., General Conditions 11 and 12). General Condition 7 restricts the use of NWPs for activities that are located in Federally- designated wild and scenic rivers. None of the NWPs authorize artificial reefs. General Condition 15 prohibits the use of an NWT with other NWPs, except when the acreage loss of waters of the United States does not exceed the highest specified acreage limit of the NWPs used to authorize the single and complete project. In some cases, activities authorized by an NWP may require other Federal, state, or local authorizations. Examples of such cases include, but are not limited to: activities that are in marine sanctuaries or affect marine sanctuaries or marine mammals; the ownership, construction, location, and operation of ocean thermal conversion facilities or deep water ports beyond the territorial seas; activities that result in discharges of dredged or fill material into waters of the United States and require Section 401 water quality certification; or activities in a state operating under a coastal zone management program approved by the Secretary of Commerce under the Coastal Zone Management Act. In such cases, a provision of the NWPs states that an NWP does not obviate the need to obtain other authorizations required by law. [33 CFR 330.4(b)(2)] 16 B 71# Additional safeguards include provisions that allow the Chief of Engineers, division engineers, and/or district engineers to: assert discretionary authority and require an individual permit for a specific activity; modify NWPs for specific activities by adding special conditions on a case -by- case basis; add conditions on a regional or nationwide basis to certain NWPs; or take action to suspend or revoke an NWP or NWP authorization for activities within a region or state. Regional conditions are imposed to protect important regional concerns and resources. [33 CFR 330.4(e) and 330.5] (c) Review Process: The analyses in this document and the coordination that was undertaken prior to the modification of the NWP fulfill the requirements of the National Environmental Policy Act (NEPA), the Fish and Wildlife Coordination Act, and other acts promulgated to protect the quality of the environment. All NWPs that authorize activities which may result in discharges into waters of the United States require Section 401 water quality certification. NWPs that authorize activities within, or affecting land or water uses within a state that has a Federally- approved coastal zone management program, must also be certified as consistent with the state's program. The procedures to ensure that the NWPs comply with these laws are described in 33 CFR 330.4(c) and (d), respectively. (d) Public Comment and Response: For a summary of the public comments received in response to the August 9, 2001, Federal Register notice, refer to the preamble in the Federal Register notice announcing the re- issuance of this NWP. The substantive comments received in response to the August 9, 2001, Federal Register notice were used to improve the NWP by changing NWP terms and limits, notification requirements, and/or NWP general conditions, as necessary. 4. INDIVIDUAL AND CUMULATIVE IMPACTS: (a) General Evaluation Criteria: This document contains a general assessment of the foreseeable effects of the individual activities authorized by this NWP, the anticipated cumulative effects of those activities, and the potential future losses of waters of the United States that are estimated to occur until the expiration date of the NWP. The assessment of these individual and cumulative effects, the terms and limits of the NWP, notification requirements, and the standard NWP general conditions are considered. The supplementary documentation provided by division engineers will address how regional conditions affect the individual and cumulative effects of the NWP. 4 The following evaluation comprises the NEPA analysis, the public interest review specified in 33 CFR 320.4(a)(1) and (2), and the impact analysis specified in Subparts C through F of the 404(b)(1) Guidelines (40 CFR Part 230). The issuance or modification of an NWP is based on a general assessment of the effects on public interest and environmental factors that are likely to occur as a result of using this NWP to authorize activities in waters of the United States. As such this assessment must be speculative or predictive in general terms. Since NWPs authorize activities across the nation, projects eligible for NWP authorization may be constructed in a wide variety of environmental settings. Therefore, it is difficult to predict all of the indirect impacts that may be associated with each activity authorized by an NWP. For example, the NWP that authorizes 25 cubic yard discharges of dredged or fill material into waters of the United States may be used to fulfill a variety of project purposes. Indication that a factor is not relevant to a particular NWP does not necessarily mean that the NWP would never have an effect on that factor, but that it is a factor not readily identified with the authorized activity. Factors may be relevant, but the adverse effects on the aquatic environment are negligible, such as the impacts of a boat ramp on water level fluctuations or flood hazards. Only the reasonably foreseeable direct or indirect effects are included in the environmental assessment of this NWP. Division and district engineers will impose, as necessary, additional conditions on the NWP authorization or exercise —• discretionary authority to address locally important factors or to ensure that the authorized activity results in no more than minimal individual and cumulative adverse effects on the aquatic environment. In any case, adverse effects will be controlled by the terms, conditions, and additional provisions of the NWP. For example, Section 7 consultation will be required for activities that may affect endangered species. (b) NEPA Alteratives: This evaluation includes an analysis of alternatives based on the requirements of NEPA, which requires a more expansive review than the Clean Water Act Section 404(b)(1) Guidelines. The alternatives discussed below are based on an analysis of the potential environmental impacts and impacts to the Corps, Federal and state resource agencies, general public, and prospective pemiittees. Since the consideration of ofd site alternatives under Section 404(b)(1) does not apply to specific projects authorized by general peruts, the alternatives analysis discussed below consists of a general NEPA alternatives analysis for the NWP. (i) No Action Alterative (no Nationwide Permit): The no action alternative would not achieve one of the goals of the Corps Nationwide Permit program, which is to reduce the regulatory burden on applicants for activities that result in minimal adverse effects on the aquatic environment, individually or cumulatively. The no action 1687 t alternative would also reduce the Corps ability to pursue the current level of review for other activities that have greater adverse effects on the aquatic environment, including activities that require individual permits as a result of the Corps exercising its discretionary authority under the NWP program. The no action alternative would also reduce the Corps ability to conduct compliance actions. If this NWP is not available, substantial additional resources would be required for the Corps to evaluate these minor activities through the individual permit process, and for the public and Federal and state resource agencies to review and comment on the large number of public notices for these activities. In a considerable majority of cases, when the Corps publishes public notices for proposed activities that result in minimal adverse effects on the aquatic environment, the Corps typically does not receive responses to these public notices from either the public or Federal and state resource agencies. Another important benefit of the NVWP program that would not be achieved through the no action alternative is the incentive for project proponents to design their projects so that those activities meet the terms and conditions of an NWP. The Corps believes the NWPs have significantly reduced adverse effects to the aquatic environment because most applicants modify their projects to comply with the NWPs and avoid the delays and costs typically associated with the individual permit process. In the absence of this NWP, Department of the Army (DA) authorization in the form of another general permit (i.e., regional or programmatic general permits, where available) or individual permits would be required. Corps district offices may develop regional general permits if an NWP is not available, but this is an impractical and inefficient method for activities with minimal individual or cumulative adverse effects on the aquatic environment that are conducted across the Nation. Not all districts would develop these regional general permits for a variety of reasons. The regulated public, especially those companies that conduct work in more than one Corps district, would be adversely affected by the widespread use of regional general permits because of the greater potential for lack of consistency and predictability in the authorization of similar activities with minimal adverse effects on the aquatic environment. These companies would incur greater costs in their efforts to comply with different regional general permit requirements between Corps districts. Nevertheless, in some states Corps districts have issued programmatic general permits to take the place of this and other NWPs. However, this approach only works in states with regulatory programs comparable to the Corps Regulatory Program. (ii) National Modification Alternatives: Since the Corps Nationwide Permit program began in 1977, the Corps has continuously strived to develop NWPs that authorize activities that result only in minimal adverse effects on the aquatic environment, individually or cumulatively. Every five years the Corps reevaluates the NWPs during the reissuance process, and may modify an NWP to address concerns for the I aquatic environment. Utilizing collected data and institutional knowledge concerning activities authorized by the Corps regulatory program, the Corps constantly reevaluates the potential impacts of activities authorized by NWPs. The Corps also uses substantive public comments on proposed NWPs to assess the expected impacts. This NWP was developed to authorize activities required for the construction, expansion, modification, or improvement of linear transportation crossings (e.g., highways, railways, trails, airport runways, and taxiways) in waters of the US. The Corps has considered modifying or adding NWP general conditions, as discussed in the preamble of the Federal Register notice announcing the reissuance of this NWP. (iii) Regional Modification Alternatives: An important aspect for the new and modified NWPs is the increased emphasis on regional conditions to address differences in aquatic resource functions and values across the nation. All Corps divisions and districts are expected to add regional conditions to the new and modified NWPs to enhance protection of the aquatic environment and address local concerns. Division engineers can also revoke an NWP if the use of that NWP results in more than minimal adverse effects on the aquatic environment, especially in high value or unique wetlands and other waters. Corps divisions and districts also monitor and analyze the cumulative adverse effects of the NWPs on a watershed basis, and if warranted, further restrict or prohibit the use of the NWPs to ensure that the NWPs do not authorize activities that result in more than minimal adverse effects on the aquatic environment. To the maximum extent practicable, division and district engineers will use regulatory databases and institutional knowledge about the typical adverse effects of activities authorized by NWPs, as well as substantive public comments, to assess the individual and cumulative adverse effects on the aquatic environment resulting from regulated - activities. When conducting this assessment, division and district engineers can only consider those activities regulated by the Corps under Section 10 of the Rivers and Harbors Act, Section 404 of the Clean Water Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972. Adverse impacts resulting from activities outside of the Corps scope of analysis, such as the construction or expansion of upland developments, cannot be considered in the Corps analysis of cumulative adverse effects on the aquatic environment. (iv) Case - specific On-site Alternatives: Although the terms and conditions for this NWP have been established at the national level to authorize most activities that have minimal adverse effects on the aquatic environment, division and district engineers have the authority to impose case - specific special conditions on NWP authorizations to ensure that the authorized work will result in minimal adverse effects. General Condition 19 requires that the permittee minimize and avoid impacts to waters of the 7 7,11 United States on -site to the maximum extent practicable. Off- site alteratives cannot be considered for activities authorized by NWPs. During the evaluation of a preconstruction notification, the District Engineer may determine that additional avoidance and minimization is practicable. The District Engineer may also condition the NWP authorization to require compensatory mitigation to offset losses of waters of the United States and ensure that the net adverse effects on the aquatic environment are minimal. As another example, the NWP authorization can be conditioned to prohibit the permittee from conducting the work during specific times of the year to protect spawning fish and shellfish. If the proposed work will result in more than minimal adverse effects on the aquatic environment, then the District Engineer will exercise discretionary authority and require an individual permit. Discretionary authority can be asserted where there are concerns for the aquatic environment, including high value aquatic habitats. The individual permit review process requires a project - specific alteratives analysis, including the consideration of off -site alteratives, and a public interest review. (c) Impact Analysis (i) General: This NWP authorizes discharges for the construction, expansion, modification, or improvement of linear transportation crossings. For linear transportation projects in non -tidal waters of waters of the US, the acreage limit is acre. For linear transportation projects in tidal waters of waters of the US the acreage limit is 1/3 -acre. Notification will be required for discharges resulting in the loss of greater than 1 /10 acre of waters of the United States or for discharges in special aquatic sites, including wetlands. The notification requirements allow district engineers to review certain proposed activities on a case - by -case basis to ensure that the adverse effects of those activities on the aquatic environment are minimal. If the District Engineer determines that the adverse effects of a particular project are more than minimal after considering mitigation, then discretionary authority will be asserted and the applicant will be notified that another form of DA authorization, such as a regional general permit or individual permit, is required (see 33 CFR 330.4(e) and 330.5). Additional conditions can be placed on proposed activities on a regional or case -by -case basis to ensure that the work has minimal adverse effects on the aquatic environment. Regional conditioning of this NWP will be used to account for differences in aquatic resource functions and values across the country, ensure that the NWP authorizes only those activities with minimal individual or cumulative adverse effects on the aquatic environment, and allow each Corps district to prioritize its workload based on where its efforts will best serve to protect the aquatic environment. Regional conditions can prohibit the use of an NWP in certain waters (e.g., high value waters or specific types of wetlands or waters), lower notification thresholds, or require notification for all work in certain watersheds or types of waters. Specific NWPs can also be x revoked on a geographic or watershed basis where the adverse effects resulting from the use of those NWPs are more than minimal. In high value waters, division'and district engineers can: 1) prohibit the use of the NWP in those waters and require an individual permit or regional general permit; 2) decrease the acreage limit for the NWP; 3) lower the notification threshold of the NWP to require notification for activities with smaller impacts in those waters; 4) require notification for all activities in those waters; 5) add regional conditions to the NWT to ensure that the adverse environmental effects are minimal; or 6) for those activities that require notification, add special conditions to NWP authorizations, such as compensatory mitigation requirements, to ensure that the adverse effects on the aquatic environment are minimal. NWPs can authorize activities in high value waters as long as the individual and cumulative adverse effects on the aquatic environment are minimal. The construction and use of fills for temporary access for construction may be authorized by NWP 33 or regional general permits issued by division or district engineers. The related work must meet the terms and conditions of the specified pemiit(s). If the discharge is dependent on portions of a larger project that require an individual permit, this NWP will not apply. [See 33 _. CFR 330.6(c) and (d)] (ii) Public interest review factors (33 CFR 320.4(a)(1)): For each of the 20 public interest review factors, the extent of the Corps consideration of expected impacts resulting from the use of this NWP is discussed, as well as the reasonably foreseeable cumulative adverse effects that are expected to occur. The Corps decision process involves consideration of the benefits and detriments that may result from the activities authorized by this NWP. (a) Conservation: The activities authorized by this NWP may modify the natural resource characteristics of the project area. Compensatory mitigation, if required for activities authorized by this NWP, will result in the restoration, enhancement, creation, or preservation of aquatic habitats that will offset losses to conservation values. The adverse effects of activities authorized by this NWP on conservation will be minor, since the NWP authorizes only those activities with minimal adverse effects on the aquatic environment and the Corps scope of analysis is usually limited to impacts to aquatic resources. (b) Economics: The construction of linear transportation crossings will have positive impacts on the local economy. During construction, these activities will generate jobs and revenue for local contractors as well as revenue to building supply companies that sell construction materials. Linear transportation crossings promote commerce by providing efficient routes of transportation for goods and services. These crossings can change land values, by providing access to new areas for development. 16B714 (c) Aesthetics: Linear transportation crossings will alter the visual character of some waters of the United States. The extent and perception of these changes will vary, depending on the size and configuration of the crossing, the nature of the surrounding area, and the public uses of the area. Linear transportation crossings authorized by this NWP can also modify other aesthetic characteristics, such as air quality and the amount of noise. The increased human use of the project area and surrounding land will also alter local aesthetic values. (d) General environmental concerns: Activities authorized by this NWP will affect general environmental concerns, such as water, air, noise, and land pollution. The authorized work will also affect the physical, chemical, and biological characteristics of the environment. The adverse effects of the activities authorized by this NWP on general environmental concerns will be minor, since the NWP authorizes only those activities with minimal adverse effects on the aquatic environment. Adverse effects to the chemical composition of the aquatic environment will be controlled by General Condition 18, which states that the material used for construction must be free from toxic pollutants in toxic amounts. General Condition 19 requires mitigation to minimise adverse effects to the aquatic environment through or -site avoidance and minimization. Compensatory mitigation may be required by district engineers for activities authorized by this NWP to ensure that the net adverse effects on the aquatic environment are minimal. It is important to note that the Corps scope of analysis is usually limited to impacts to aquatic resources. Specific environmental concerns are addressed in other sections of this document (e) Wetlands: Discharges of dredged or fill material into waters of the United States for linear transportation crossings may result in the destruction of wetlands. Inmost cases, the affected wetlands will be permanently filled, especially where roads, culverts, revetment, and other permanent fills are located, resulting in the permanent loss of aquatic resource functions and values. Some wetlands may be temporarily impacted through the use of temporary staging areas and access roads. These wetlands will be restored, unless the District Engineer authorizes another use for the area, but the plant community may be different especially if the site was originally forested. District engineers can require compensatory mitigation to offset the loss of wetlands and ensure that the adverse effects to the aquatic environment are minimal. Wetlands provide habitat, including foraging, nesting, spawning, rearing, and resting sites for aquatic and terrestrial species. The destruction of wetlands may alter natural drainage patterns. Wetlands reduce erosion by stabilizing the substrate. Wetlands also act as storage areas for stormwater and flood waters. Wetlands may act as groundwater discharge or recharge areas. The loss of wetland vegetation will adversely affect water quality because these plants trap sediments, pollutants, and nutrients and transform chemical compounds. Wetland vegetation also provides habitat for microorganisms that remove nutrients and pollutants from water. Wetlands, through the accumulation of organic matter, act as sinks for some nutrients and other chemical compounds, reducing the amounts of these substances in the water. 10 General Condition 19 requires oirsite avoidance and minimization of impacts to waters of the United States, including wetlands. Compensatory mitigation may be required to offset losses of - waters of the United States so that the net adverse effects on the aquatic environment are minimal. General Condition 25 restricts the use of this NWP in critical resource waters, which may include high value wetlands. Division engineers can regionally condition this NWP to restrict or prohibit the use of this NWP in high value wetlands. District engineers will also exercise discretionary authority to require an individual permit if the wetlands to be filled are high value and the work will result in more than minimal adverse effects on the aquatic environment. District engineers can also add case - specific special conditions to the NWP authorization to reduce impacts to wetlands or require compensatory mitigation to offset losses of wetlands. (f) Historic properties: General Condition 12 states that the NWPs cannot authorize activities that affect historic properties listed, or eligible for listing in, the National Register of Historic Places, until the District Engineer has complied with 33 CFR Part 325, Appendix C. The provisions of Appendix C ensure that activities authorized by NWPs comply with the National Historic Preservation Act. (g) Fish and wildlife values: This NWP authorizes activities in all waters of the United States, which provide habitat to many species of fish and wildlife. Activities authorized by this NWP may alter the habitat characteristics of streams and wetlands, decreasing the quantity and quality of fish and wildlife habitat. Wetland and riparian vegetation provides food and habitat for many species, including foraging areas, resting areas, corridors for wildlife movement, and nesting and breeding grounds. Open waters provide habitat for fish and other aquatic organisms. Fish and other motile animals will avoid the project site during construction. Woody riparian vegetation shades streams, which reduces water temperature fluctuations and provides habitat for fish and other aquatic animals. Riparian vegetation provides organic matter that is consumed by fish and aquatic invertebrates. Woody riparian vegetation creates habitat diversity in streams when trees and large shrubs fall into the channel, forming snags that provide habitat and shade for fish. The morphology of a stream channel may be altered by activities authorized by this NWP, which can affect fish populations. However, notification is required for all discharges in special aquatic sites and for activities resulting in the loss of more than 1 /10 acre of waters of the United States, which provides the District Engineer with an opportunity to review certain activities and assess potential impacts on fish and wildlife values and ensure that the authorized work results in minimal adverse effects on the aquatic environment. Compensatory mitigation may be required by district engineers to restore, enhance, create, and/or preserve wetlands and other aquatic habitats to offset losses of waters of the United States. Vegetated buffers next to open and flowing waters may also be required as compensatory mitigation. These methods of compensatory mitigation will provide fish and wildlife habitat values. General Condition 4 will reduce the adverse effects to fish and other aquatic species by 11 I= prohibiting activities that substantially disrupt the movement of indigenous aquatic species, unless the primary purpose of the activity is to impound water. Linear transportation crossings authorized by this NWP cannot block fish passage in the waterbody. Compliance with General Conditions 17 and 20 will ensure that the authorized work has minimal adverse effects on shellfish beds and spawning areas, respectively. The authorized work cannot have more than minimal adverse effects on breeding areas for migratory waterfowl, due to the requirements of General Condition 23. Pursuant to Section 305(b)(2) of the Magnuson Stevens Fishery and Conservation Management Act, the Corps entered into programmatic Essential Fish Habitat consultation with the NMFS. As discussed elsewhere in this document (i.e., Section 4(c)(ii)(g), Section 4(c)(iii)(h), and Section 4(c)(iii)(1)), the NWPs contain provisions that will ensure that impacts to Essential Fish Habitat are minimal, individually or cumulatively. Division and district engineers can impose regional and special conditions to ensure that activities authorized by this NWP will result in minimal adverse effects on Essential Fish Habitat. (h) Flood hazards: The activities authorized by this NWP may affect the flood - holding capacity of the 100 -year floodplain, as well as flooding patterns and surface water flow velocities. Changes in the flood - holding capacity of the 100 -year floodplain may impact human health, safety, and welfare. To minimize these adverse effects, General Condition 26 requires the permittee to construct the activity in accordance with FEMA or FEMA- approved local floodplain construction requirements, to minimize adverse effects to flood flows in 100 -year floodplains. Compliance with General Condition 21 will also reduce flood hazards. This general condition requires the pennittee to maintain preconstruction surface flow rates from the site and avoid relocating or redirecting water to the maximum extent practicable. It is important to note that much of the land area within 100 -year floodplains is upland and outside of the Corps scope of review. (i) Floodplain values: Activities authorized by NWP 14 may adversely affect the flood - holding capacity of the floodplain, as well as other floodplain values. The fish and wildlife habitat values of floodplains will be adversely affected by activities authorized by this NWP, by modifying or eliminating areas used for nesting, foraging, resting, and reproduction. The water quality functions of floodplains may also be adversely affected by these activities. Modification of the floodplain may also adversely affect other hydrological processes, such as groundwater recharge. In many cases, compensatory mitigation will be required for activities authorized by this NWP, which will offset losses of waters of the United States and provide water quality functions and wildlife habitat. General Condition 19 requires on -site avoidance and minimization of impacts to waters of the United States to the maximum extent practicable, which will reduce losses of floodplain values. The mitigation requirements of General Condition 19 will help ensure that the 12 `k 54 2 - adverse effects of these activities on floodplain values are minimal. General Condition 26 requires the permittee to construct the activity in accordance with FEMA or FEMA- approved local floodplain construction requirements to minimize adverse effects to flood flows in 100 -year floodplains. The requirements in General Condition 26 will minimize adverse effects to floodplain values, such as flood storage capacity, wildlife habitat, fish spawning areas, and nutrient cycling for aquatic ecosystems. Compliance with General Condition 21 will also ensure that activities in 100 -year floodplains will not cause more than minimal adverse effects on flood storage and conveyance. 0) Land use: Activities authorized by this NWP will often change local land use from natural to developed, especially when the linear transportation crossing provides access to a previously undeveloped area. Linear transportation crossings may induce further development on nearby parcels of land. Since the primary responsibility for land use decisions is held by state, local, and Tribal governments, the Corps scope of analysis is limited to significant issues of overriding national importance, such as navigation and water quality (see 33 CFR 320.40)(2)). (k) Navigation Activities authorized by this NWP will not adversely affect navigation, because these activities must comply with General Condition 1. This NWP requires notification for activities resulting in the loss of greater than 1 /10 acre of waters of the United States and for discharges into special aquatic sites, which will allow district engineers to review certain activities and determine if those activities will have adverse effects on navigation. (1) Shore erosion and accretion: The activities authorized by this NWP will have minor direct effects on shore erosion and accretion processes, since the NWP is limited to linear transportation crossings. However, NWP 13, regional general permits, or individual permits may be used to authorize bank stabilization projects associated with linear transportation crossings, which may affect shore erosion and accretion. (m) Recreation: The construction of linear transportation crossings will have negligible direct -' adverse effects on the recreational uses of the area. Activities authorized by this NWP may indirectly change the recreational uses of the area through induced development. Linear transportation crossings may provide access to recreational activities which may not have been previously available because these sites were inaccessible. (n) Water supply and conservation: Activities authorized by this NWP may adversely affect both surface water and groundwater supplies. Linear transportation crossings will increase the amount of impervious surface in the area, which may decrease replenishment of groundwater supplies. Use of linear transportation crossings authorized by this NWP can also affect the quality of water supplies by adding pollutants and toxic chemicals to surface waters and groundwater, but many causes of water pollution, such as discharges regulated under Section 402 of the Clean Water Act, are outside of the Corps scope of analysis. Some water pollution 13 1687 ' concerns will be addressed through water quality management measures that may be required for activities authorized by this NWP. The quality of local water supplies may be protected by stormwater management practices. General Condition 16 prohibits discharges in the vicinity of public water supply intakes. Compensatory mitigation may be required for activities authorized by this NWP, which will help improve the quality of surface waters. (o) Water quali ty Linear transportation crossings constructed in wetlands and waterbodies may have adverse effects on water quality. These activities can result in increases in sediments and pollutants in the water. The loss of wetland and riparian vegetation will adversely affect water quality because these plants trap sediments, pollutants, and nutrients and transform chemical compounds. Wetland and riparian vegetation also provides habitat for microorganisms that remove nutrients and pollutants from water. Wetlands, through the accumulation of organic matter, act as sinks for some nutrients and other chemical compounds, reducing the amounts of these substances in the water column. Wetlands and riparian areas also decrease the velocity of flood waters, removing suspended sediments from the water column and reducing turbidity. Riparian vegetation also serves an important role in the water quality of streams by shading the water from the intense heat of the sun. Compensatory mitigation may be required for activities authorized by this NWP, to ensure that the work does not have more than minimal adverse effects on the aquatic environment, including water quality. Wetlands and riparian areas restored, created, enhanced, or preserved as compensatory mitigation will provide local water quality benefits. During construction of these crossings, small amounts of oil and grease from construction equipment may be discharged into the waterway. Because most of the construction will occur during a relatively short period of time, the frequency and concentration of these discharges are not expected to have more than minimal adverse effects on overall water quality. This NWP requires Section 401 water quality certification, since it authorizes discharges of dredged or fill material into waters of the United States. Most water quality concerns are addressed by the state or Tribal Section 401 agency. In accordance with General Condition 9, the pemlittee may be required to develop and implement water quality management measures that minimizes the degradation of the downstream aquatic environment, including water quality. Water quality management measures may involve the installation of stormwater management facilities to trap pollutants and the establishment and maintenance of vegetated buffers next to open waters. Vegetated buffers will normally be required for activities authorized by the NWT, if there are streams or other open waters on the project site. The vegetated buffers will protect downstream water quality and enhance the aquatic habitat. (p) Energy needs: The linear transportation crossings authorized by this NWP will increase energy consumption in the area during construction. Increases in energy consumption due to the use of the linear transportation crossing are outside of the Corps scope of review. 14 1 74 (q) Safe . The linear transportation crossings authorized by this NWP will be subject to Federal, state, and local safety laws and regulations. Therefore, this NAP will not adversely affect the safety of the project area. (r) Food and fiber production Activities authorized by this NAP may adversely affect food and fiber production, especially where linear transportation crossings are constructed on agricultural land. The construction of these crossings may reduce the amount of farmland, unless that land is replaced by converting other land, such as forest, to agricultural land. The loss of farmland is outside of the Corps scope of analysis. Food production may also be increased by activities authorized by this NWP, by providing better routes to transport raw materials to food and fiber processing facilities. The delivery of food and fiber products will be improved by the construction or expansion of linear transportation crossings. (s) Mineral needs: Activities authorized by this NWP will increase demand for aggregates and stone, which are used to construct linear transportation crossings. Crossings authorized by this NWP will also increase the demand for other building materials, such as steel, aluminum, and copper, which are made from mineral ores. (t) Considerations of property ownership: The NWP complies with 33 CFR 320.4(g), which —. states that an inherent aspect of property ownership is a right to reasonable private use. The NWP provides expedited DA authorization for discharges of dredged or fill material to construct linear transportation crossings, provided those activities comply with the terms and conditions of the NAP and result in minimal adverse effects on the aquatic environment. (iii) 40.4(b)(1) Guidelines Impact Analysis (Subparts C through F): (a) Substrate: Discharges of dredged or fill material into waters of the United States will alter the substrate of those waters, usually replacing the aquatic area with dry land, and changing the physical, chemical, and biological characteristics of the substrate. The original substrate will be removed or covered by other material, such as concrete, asphalt, soil, gravel, etc. Temporary fills may be placed upon the substrate, but must be removed upon completion of the work (see ® General Condition 24). Higher rates of erosion may result during construction of linear transportation crossings, but General Condition 3 requires the use of appropriate measures to control soil erosion and sediment. (b) Suspended particulateshurbidity Depending on the method of construction, soil erosion and sediment control measures, equipment, composition of the bottom substrate, and wind and current conditions during constriction, fill material placed in open waters will temporarily increase water turbidity. Notification is required for activities resulting in the loss of greater than 1 /10 acre of waters of the United States and for all discharges into special aquatic sites, which 15 16 B 7 will allow the District Engineer to review those activities ensure that the adverse effects on the aquatic environment are minimal. Particulates will be resuspended in the water column during removal of temporary fills. The turbidity plume will nonnally be limited to the immediate vicinity of the disturbance and should dissipate shortly after each phase of the construction activity. General Condition 3 requires the permittee to stabilize exposed soils and other fills, which will reduce turbidity. In many localities, sediment and erosion control plans are required to minimize the entry of soil into the aquatic environment. NWP activities cannot create turbidity plumes that smother important spawning areas downstream (see General Condition 20). (c) Water: Linear transportation crossings can affect some characteristics of water, such as water clarity, chemical content, dissolved gas concentrations, pH, and temperature. The construction of linear transportation crossings can change the chemical and physical characteristics of the waterbody by introducing suspended or dissolved chemical compounds or sediments into the water. Changes in water quality can affect the species and quantities of organisms inhabiting the aquatic area. Water quality certification is required for activities authorized by this NWP that involve discharges into waters of the United States, which will ensure that the work does not violate applicable water quality standards. Permittees may be required to implement water quality management measures to ensure that the authorized work does not result in more than minimal degradation of water quality. Stormwater management facilities may be required to prevent or reduce the input of harmful chemical compounds into the waterbody. The District Engineer may require vegetated buffers next to open waters, such as streams. Vegetated buffers help improve or maintain water quality, by removing nutrients, moderating water temperature changes, and trapping sediments. (d) Current patterns and water circulation: Activities authorized by this NWP may adversely affect the movement of water in the aquatic environment. Notification is required for activities resulting in the loss of greater than 1 /10 acre of waters of the United States or for discharges into special aquatic sites, which will allow the District Engineer to review those activities to ensure that adverse effects to current patterns and water circulation are minimal. General Condition 21 requires the authorized activity to be designed to withstand expected high flows and maintain preconstruction surface flow rates from the site to the maximum extent practicable. (e) Normal water level fluctuations: In the vicinity of the project, the activities authorized by this NWP may adversely affect normal patterns of water level fluctuations due to tides and flooding. To ensure that the NWP does not authorize activities that adversely affect normal flooding pattems, General Condition 26 requires the permittee to construct the activity in accordance with FEMA or FEMA- approved local floodplain construction requirements to minimize adverse effects to flood flows in 100 -year floodplains. General Condition 21 requires the pemliee to maintain preconstruction surface flow rates from the site to the maximum extent practicable and to design the project to reduce adverse effects such as flooding upstream and downstream of the project site. 16 (f) Salinity gradients: In coastal areas, the activities authorized by this NWP will have minor adverse effects on salinity gradients where these linear transportation crossings are constructed in estuarine or marine waters. Stormwater runoff from the crossing may temporarily reduce the salinity of the waterbody in the vicinity of the crossing. In areas of the country where salt is spread on roads to melt ice, precipitation may wash those salts from the road into the waterbody, resulting in temporary increases in salinity. (g) Threatened and endangered species: The Corps believes that the procedures currently in place result in proper coordination under Section 7 of the Endangered Species Act (ESA) and ensure that activities authorized by this NWP will not jeopardize the continued existence or any listed threatened and endangered species or result in the destruction or adverse modification of critical habitat. The Corps also believes that current local procedures in Corps districts are effective in ensuring compliance with ESA. Each activity authorized by an NWP is subject to General Condition 11, which states that "no activity is authorized under any NWP which is likely to jeopardize the continued existence of a _. threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to modify the critical habitat of such species." In addition, General Condition 11 explicitly states that the NWP does not —• authorize the taking of threatened or endangered species, which will ensure that pemiittees do not mistake the NWP authorization as a Federal authorization to take threatened or endangered species. General Condition 11 also requires the applicant to notify the District Engineer if there are endangered or threatened species in the vicinity of the project. Under the current Corps regulations (33 CFR 325.2(b)(5)), the District Engineer must review all permit applications for potential impacts on threatened and endangered species or critical habitat. For the NWP program, this review occurs when the District Engineer evaluates the preconstruction notification or request for verification. Based on the evaluation of all available information, the District Engineer will initiate consultation with the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS), as appropriate, if he or she determines that the regulated activity may affect any threatened and endangered species or critical habitat. Consultation may occur during the NWP authorization process or the district engineer may exercise discretionary authority to require an individual permit for the proposed activity and initiate consultation through the individual permit process. If ESA consultation is conducted during the NWP authorization process without the District Engineer exercising discretionary authority, then the applicant will be notified that he or she cannot proceed with the proposed activity until ESA consultation is complete. If the District Engineer determines that the activity will have no effect on any threatened and endangered species or critical habitat, then the District Engineer will notify the applicant that he or she may proceed under the NWP authorization. 17 16071! Corps districts have, in most cases, established informal or formal procedures with local offices of the FWS and NMFS, through which the agencies share information regarding threatened and endangered species and their critical habitat. This information helps district engineers determine if a proposed activity will affect endangered species or their critical habitat and, if necessary, initiate consultation. Corps districts may utilize maps or databases that identify locations of populations of threatened and endangered species and their critical habitat. Regional conditions are added to NWPs, where necessary, to require notification for activities that occur in known locations of threatened and endangered species or critical habitat. For activities that require agency coordination during the notification process, the FWS and NMFS will review the proposed work for potential impacts to threatened and endangered species and their critical habitat. Any information provided by local maps and databases and any comments received during the notification process will be used by the district engineer to make a "may affect" or "not likely to adversely affect" decision. General Condition 25 states that this NWP cannot be used to authorize discharges of dredged or fill material into waters of the United States in designated critical habitat of Federally - listed threatened or endangered species, unless the activity complies with General Condition 11 and the FWS or NMFS has concurred in a determination of compliance. Based on the safeguards discussed above, especially General Condition 11, the Corps has determined that the activities authorized by this NWP will not jeopardize the continued existence of any listed threatened or endangered species or result in the destruction or adverse modification of designated critical habitat. Although the Corps continues to believe that these procedures ensure compliance with ESA, the Corps has taken some steps to provide further assurance. Corps district offices have met with local representatives of the FWS and NMFS to establish or modify existing procedures, where necessary, to ensure that the Corps has the latest information regarding the existence and location of any threatened or endangered species or their critical habitat. Corps districts can also establish, through local procedures or other means, additional safeguards that ensure compliance with ESA. Through formal consultation under Section 7 of the Endangered Species Act, or through other coordination with the FWS and/or the NMFS, as appropriate, the Corps will establish procedures to ensure that the NWP will not jeopardize any threatened and endangered species or result in the destruction or adverse modification of designated critical habitat. Such procedures will be included as regional conditions to the NWPs or as special conditions of an NWP authorization, if necessary. (h) Fish, crustaceans, molluscs, and other aquatic organisms in the food web: Activities resulting in the loss of greater than 1 /10 acre of waters of the United States or discharges in special aquatic sites require notification to the District Engineer, which will allow review of certain activities to ensure that adverse effects to fish and other aquatic organisms in the food web are minimal. Fish and other motile animals will avoid the project site during construction. Sessile or slow-moving animals in the path of discharges, equipment, and building materials will be destroyed. Some aquatic animals may be smothered by the placement of fill material. Motile W. 1ot37 ; -° animals will return to those areas that are temporarily impacted by the work and restored or allowed to revert back to preconstruction conditions. Aquatic animals will not return to sites of permanent fills. Benthic and sessile animals are expected to recolonize sites temporarily impacted by the work, after those areas are restored. Activities that alter the riparian zone, especially floodplains, may adversely affect populations of fish and other aquatic animals, by altering stream flow, habitat, flooding patterns, and surface and groundwater hydrology. Linear transportation crossings in the vicinity of streams may alter habitat features by increasing surface water flow velocities, which can increase erosion and reduce the amount of habitat for aquatic organisms and destroy spawning areas. Division and district engineers can place conditions on this NWP to prohibit discharges during important stages of the life cycles of certain aquatic organisms. Such time of year restrictions can prevent adverse effects to those aquatic organisms during reproduction and development periods. General Conditions 17 and 20 address protection of shellfish beds and spawning areas, respectively. General Condition 17 prohibits activities in areas of concentrated shellfish populations. General Condition 20 states that activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. In addition, General Condition 20 also prohibits activities that result in the physical destruction of important spawning areas. General Condition 21 requires the maintenance of preconstructon downstream flow conditions to the maximum extent practicable, which will help minimize adverse impacts to fish, shellfish, and other aquatic organisms in the food web. (i) Other wildlife: Activities authorized by this NWP will result in adverse effects on other wildlife associated with aquatic ecosystems, such as resident and transient mammals, birds, reptiles, and amphibians, through the destruction of aquatic habitat, including breeding and nesting areas, escape cover, travel corridors, and preferred food sources. This NWP does not authorize activities that jeopardize the continued existence of Federally - listed endangered and threatened species or result in the destruction or adverse modification of critical habitat. Compensatory mitigation, including vegetated buffers, may be required for activities authorized by this NWT, which will help offset losses of aquatic habitat for wildlife. General Condition 23 states that activities in breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. Linear transportation crossings may cause fragmentation of wildlife habitat, but this adverse effect is outside of the Corps scope of review. 0) Special aquatic sites: The potential impacts to specific special aquatic sites are discussed below: (1) Sanctuaries and refuges: Preconstruction notification is required for all discharges into special aquatic sites, which will allow the District Engineer to review these activities and ensure that they result in minimal adverse effects. General Condition 25 prohibits the use of this NWT in NOAA- designated marine sanctuaries, National Estuarine 19 1667' Research Reserves, coral reefs, state natural heritage sites, and outstanding national resource waters officially designated by the state where those waters are located. For those sanctuaries and refuges not listed above, division engineers can regionally condition the NWP to restrict or prohibit its use in those areas. District engineers will also exercise discretionary authority and require individual permits for specific projects in sanctuaries and refuges if those activities will result in more than minimal adverse effects on the aquatic environment. (2) Wetlands: The activities authorized by this NWP will have minimal adverse effects on wetlands. Preconstruction notification is required for all discharges into wetlands. Division engineers can regionally condition this NWP to restrict or prohibit its use in certain high value wetlands. See paragraph (e) in Section 4(c)(ii), above, for a more detailed discussion of impacts to wetlands. (3) Mud flats: The activities authorized by this NWP may affect mud flats, but preconstruction notification is required for all discharges into special aquatic sites, which will allow district engineers to review these proposed activities and ensure that they result in minimal adverse effects on the aquatic environment. If the mud flats are high value and the work will result in more than minimal adverse effects on the aquatic environment, the District Engineer will exercise discretionary authority to require the project proponent to obtain an individual pen-nit. (4) Vegetated shallows: The activities authorized by this NWT may affect vegetated shallows, but preconstruction notification is required for all discharges into special aquatic sites, which will allow district engineers to review these proposed activities and ensure that they result in minimal adverse effects on the aquatic environment. If the vegetated shallows are high value and the work will result in more than minimal adverse effects on the aquatic environment, the District Engineer will exercise discretionary authority to require the project proponent to obtain an individual permit. (5) Coral reefs: The activities authorized by this NWP will have minimal adverse effects on coral reefs. General Condition 25 prohibits the use of this NWP to authorize discharges of dredged or fill material into coral reefs. (6) Riffle and pool complexes: The activities authorized by this NWP may affect riffle and pool complexes, but preconstruction notification is required for all discharges into special aquatic sites, which will allow district engineers to review these activities and ensure that they result in minimal adverse effects on the aquatic environment. If the riffle and pool complexes are high value and the work will result in more than minimal adverse effects on the aquatic environment, the District Engineer will exercise discretionary authority to require the project proponent to obtain an individual permit. 20 16 B 711 (k) Municipal and private water supplies: See paragraph (n) in Section 4(c)(ii), above, for a discussion of potential impacts to water supplies. (1) Recreational and commercial fisheries, including Essential Fish Habitat: The activities authorized by this NWP may adversely affect waters of the United States that act as habitat for populations of economically important fish and shellfish species. Division and district engineers can condition this NWP to prohibit discharges during important life cycle stages, such as spawning or development periods, of economically valuable fish and shellfish. All discharges into special aquatic sites and discharges resulting in the loss of greater than 1 /10 acre of waters of the United States require notification to the District Engineer, which will allow review of _,. certain activities to ensure that adverse effects to economically important fish and shellfish are minimal. Compliance with General Conditions 17 and 20 will ensure that the authorized work does not adversely affect concentrated shellfish populations or important spawning areas. Pursuant to Section 305(b)(2) of the Magnuson - Stevens Fishery and Conservation Management Act, the Corps entered into programmatic Essential Fish Habitat consultation with the NMFS. As discussed elsewhere in this document (i.e., Section 4(c)(ii)(g), Section 4(c)(iii)(h), and Section 4(c)(iii)(1)), the NWPs contain provisions that will ensure that impacts to Essential Fish Habitat are minimal, individually or cumulatively. Division and district engineers can impose regional and special conditions to ensure that activities authorized by this NWP will result in minimal adverse effects on Essential Fish Habitat. (m) Water - related recreation: See paragraph (m) in Section 4(c)(ii) above. (n) Aesthetics: See paragraph (c) in Section 4(c)(ii), above. (o) Parks national and historical monuments national seashores wilderness areas research sites, and similar areas: General Condition 25 restricts the use of this NWP in designated critical resource waters, which may be located in parks, national and historical monuments, national - seashores, wilderness areas, and research sites. This NWP can be used to authorize activities in parks, national and historical monuments, national seashores, wilderness areas, and research sites if the manager or caretaker wants to conduct work in waters of the United States and those activities result in minimal adverse effects on the aquatic environment and do not involve discharges into designated critical resource waters or wetlands. Division engineers can m regionally condition the NWP to prohibit its use in designated areas, such as national wildlife refuges or wilderness areas. (iv) Cumulative Impacts: The cumulative impacts of an NWP generally do not depend on the number of times the permit is used on a national basis but on the number of times the NWP and other DA permits are used 21 16Q7 within a specific geographic area, particularly a watershed. In a specific watershed, division or district engineers may determine that the cumulative adverse effects of the activities authorized by NWPs are more than minimal. Division and district engineers will monitor and review geographic areas that may be subject to more than minimal cumulative adverse effects. Division and district engineers have the authority to require individual permits where the cumulative adverse effects are more than minimal, or add conditions to the NWP either on a case -by -case or regional basis to ensure that the cumulative adverse effects are minimal. When division or district engineers determine that a geographic area is subject to more than minimal cumulative adverse effects due to the use of the NWPs, they will use the revocation and modification procedure at 33 CFR 330.5. In reaching the final decision, they will compile information on the cumulative adverse effects and supplement this document. Based on reported use of his NWP in calendar year 2000, the Corps estimates that this NWP will be used approximately 5,000 times per year on a national basis, with approximately 400 acres of wetland impacts. The Corps estimates that approximately 750 acres of compensatory mitigation will be required to offset these impacts. The demand for these types of activities could increase or decrease over the five -year duration of this NWP. Using the current trend, approximately 25,000 NWP 14 activities could be authorized over a five year period until this NWP expires, resulting in the loss of approximately 2,000 acres of wetlands. Approximately 3,750 acres of compensatory mitigation would be required to offset those losses of waters of the United States. The Corps expects that the convenience and time savings associated with the use of this NWT will encourage applicants to design their projects within the scope of the NWP rather than request individual permits for projects which could result in greater adverse impacts to the aquatic environment. (d) Additional Public Interest Review Factors (33 CFR 320.4(a)(2)): (i) Relative extent of the public and private need for the proposed structure or work: This NWP authorizes discharges of dredged or fill material into waters of the United States for the construction, expansion, modification, or improvement of linear transportation crossings that have minimal adverse effects on the aquatic environment, individually and cumulatively. These activities satisfy public and private needs by improving access to residences, shopping centers, institutional facilities, manufacturing buildings, recreational facilities, and other sites. The nation's distribution system for goods and services will also be improved by the activities authorized by this NWP. The need for this NWP is based upon the large number of these activities that occur annually, with minimal adverse effects on the aquatic environment. (n) Where there are unresolved conflicts as to resource use, the practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed structure or work: 22 Most situations in which there are unresolved conflicts concerning resource use arise when environmentally sensitive areas are involved (e.g., special aquatic sites, including wetlands) or where there are competing uses of a resource. The nature and scope of the activity, when planned and constructed in accordance with the terms and conditions of this NWP, reduce the likelihood of such conflict. In the event that there is a conflict, the NWP contains provisions that are capable of resolving the matter (see Sections 1 and 3 of this document). General Condition 19 requires permittees to avoid and minimize discharges of dredged or fill material into waters of the United States to the maximum extent practicable on the project site. Consideration of off -site alternative locations is not required for activities that are authorized by general permits. General permits authorize activities that have minimal individual and cumulative adverse effects on the aquatic environment and overall public interest. District engineers will exercise discretionary authority and require individual permits if the proposed work will result in more than minimal adverse environmental effects on the project site. The consideration of off- site alternatives can be required during the individual permit process. The extent and permanence of the beneficial and/or detrimental effects which the proposed structure or work is likely to have on the public and private uses to which the area is suited: The nature and scope of the work authorized by the NWP will most likely restrict the extent of the beneficial and detrimental effects to the area immediately surrounding the linear transportation crossing. Activities authorized by this NWP will have minimal adverse effects on the aquatic environment. A provision of the NWP requires that the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. As previously stated, the terms, conditions, and provisions of the NWP were developed to ensure that individual and cumulative adverse environmental effects are minimal. Specifically, NWPs do not obviate the need for the permittee to obtain other Federal, state, or local authorizations required by law. The NWPs do not grant any property rights or exclusive privileges (see Section 3 of this document and 33 CFR 330.4(b) for further information). Additional conditions, limitations, restrictions, and provisions for discretionary authority, as well as the ability to add activity - specific or regional conditions to this NWP, will provide further safeguards to the aquatic environment and the overall public interest. There are also provisions to allow suspension, modification, or revocation of the NWP. Refer to Sections 1 and 3 of this document for further information and procedures. 5. EVALUATION OF COMPLIANCE WITH THE GUIDELINES PROMULGATED UNDER SECTION 404(b)(1) OF THE CLEAN WATER ACT (40 CFR Part 230): The 404(b)(1) compliance criteria for general permits are contained in 40 CFR 230.7. 23 1667 (a) Evaluation Process (40 CFR 230.7(b)(1)): (i) Alternatives (40 CFR 230.10(a)): General Condition 19 requires permittees to avoid and minimize discharges of dredged or fill material into waters of the United States to the maximum extent practicable on the project site. The consideration of off -site alternatives is not directly applicable to general permits. (ii) Prohibitions (40 CFR 230.10(b)): This NWP authorizes discharges of dredged or fill material into waters of the United States, which require Section 401 water quality certification. Water quality certification requirements will be met in accordance with the procedures in 33 CFR 330.4(c). No toxic discharges will be authorized by this NWT. General Condition 18 specifically states that the material must be free from toxic pollutants in toxic amounts. This NWP does not authorize activities that jeopardize the continued existence of any listed threatened or endangered species or result in the destruction or adverse modification of critical habitat. Reviews of preconstruction notifications, regional conditions, and local operating procedures for endangered species will ensure compliance with the Endangered Species Act. Refer to General Condition 11 and to 33 CFR 330.4(f) for information and procedures. This NWP will not authorize the violation of any requirement to protect any marine sanctuary. Refer to Section 3 of this document for fuuther information. (iii) Findings of Significant Degradation (40 CFR 230.10(c)): Potential impact analysis (Subparts C through F): The potential impact analysis specified in Subparts C through F is discussed in Section 4 of this document. Mitigation required by the District Engineer will ensure that the adverse effects on the aquatic environment are minimal. Evaluation and testing (Subpart G): Because the terms and conditions of the NWP specify the types of discharges that are authorized, as well as those that are prohibited, individual evaluation and testing for the presence of contaminants will normally not be required. If a situation warrants, provisions of the NWP allow division or district engineers to further specify authorized or prohibited discharges and/or 24 1687 ' require testing. Based upon Subparts B and G, after consideration of Subparts C through F, the discharges authorized by this NWP will not cause or contribute to significant degradation of waters of the United States. (iv) Factual determinations (40 CFR 230.11): The factual determinations required in 40 CFR 230.11 are discussed in Section 4 of this document. (v) Appropriate and practicable steps to minimize potential adverse impacts (40 CFR 230.10(d)): As demonstrated by the information in this document, as well as the terms, conditions, and provisions of this NWP, actions to minimize adverse effects (Subpart If) have been thoroughly considered and incorporated into the NWP. General Condition 19 requires permittees to avoid and minimize activities in waters of the United States to the maximum extent practicable on the project site. Compensatory mitigation required by the District Engineer will ensure that the net adverse effects on the aquatic environment are minimal. (b) Evaluation Process (40 CFR 230.7(b)(2)): (i) Description of permitted activities: As indicated by the text of this NWP in Section 1 of this document and the discussion of potential impacts in Section 4, the activities authorized by this NWP are sufficiently similar in nature and environmental impact to warrant authorization under a single general permit. Specifically, the purpose of the NWP is to authorize the construction, expansion, modification, or improvement of linear transportation crossings in waters of the United States. The nature and — scope of the impacts are controlled by the terms and conditions of the NWP. If a situation arises in which the activity requires ftuther review, or is more appropriately reviewed under the individual permit process, provisions of the NWPs allow division and/or district engineers to take such action. (c) Cumulative effects (40 CFR 230.7(b)(3)): The cumulative effects, including the number of activities likely to be authorized under this NWP, are discussed in Section 4 of this document. If a situation arises in which the proposed activity requires further review, or is more appropriately reviewed under the individual pen-nit process, provisions of the NWPs allow division and/or district engineers to take such action. 25 16B7 6. Final Determinations: (a) Finding of No Significant Impact: Based on the information in this document, the Corps has determined that the issuance of this NWT will not have a significant impact on the quality of the human environment. Therefore, the preparation of an Environmental Impact Statement is not required. (b) 404(b)(1) Compliance: This NWP has been evaluated for compliance with the Section 404(b)(1) Guidelines, including Subparts C through G. Based on the information in this document, the Corps has determined that the discharges authorized by this NWP comply with the 404(b)(1) Guidelines, with the inclusion of appropriate and practicable conditions, including mitigation, necessary to minimize adverse effects on affected aquatic ecosystems. The activities authorized by this NWP will not result in significant degradation of the aquatic environment. (c) Public Interest Determination: In accordance with the requirements of 33 CFR 320.4, the Corps has deterrnined, based on the information in this document, that the issuance of this NWP is not contrary to the public interest. (d) Section 176(c) of the Clean Air Act General Conformity Rule Review: This NWP has been analyzed for conformity applicability pursuant to regulations implementing Section 176(c) of the Clean Air Act. It has been determined that the activities authorized by this permit will not exceed de minimis levels of direct emissions of a criteria pollutant or its precursors and are exempted by 40 CFR 93.153. Any later indirect emissions are generally not within the Corps continuing program responsibility and generally cannot be practicably controlled by the Corps. For these reasons, a conformity determination is not required for this NWP. (e) Public Hearing: A public hearing was held on September 26, 2001, in Washington, D.C. to solicit comments on the proposed issuance of this NWP. FOR THE COMMANDER Date: 04 JAN 2002 /s/ 26 =t ROBERT H. GRIFFIN Brigadier General, U.S. Army Director of Civil Works 27 16BT.A Text of 2002 Nationwide Permit General Conditions 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life - cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Inforination on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the pernmittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of 1687g! water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stonnwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, - including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). -" 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which ._ will destroy or adversely modify the critical habitat of such species. Non - federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally - listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species - specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non - lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http:// www .fws.gov /r9endspp /endspp.html and http : / /www.nfms.noaa.gov /prot_res /overview /es.htinl respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix C. The prospective pennittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic 6 8 71�tj PIaces, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing; where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWT with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state - approved mitigation plan, if applicable. To be authorized by this NWP, -the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; 16 B71-1. _ (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single - Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; (ii) A statement that the single - family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1/4 -acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 1/4 -acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co- tenant, or as a tenant -by- the - entirety) and any land on which a purchase and sale _.. agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and - configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; - (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; - (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation _. on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear -feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stornwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intennittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally - listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1) -(18) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective pennittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the pennittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are detennined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. 16674-M If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP - subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer - determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District _. Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1/2 -acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site - specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by section 305(b)(4)(B) of the Magnuson- Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. - (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than (1 /4 -acre in size). The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45 -day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 16B7 14. Compliance Certification. Every pennittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the pennittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3- acre). 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one - for -one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. — (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4 -acre of wetlands cannot be created to change a 3/4 -acre loss of wetlands to a 1/2 -acre loss associated with NWP 39 verification. However, 1/2 -acre of created wetlands can be used to reduce the impacts of a 1/2 -acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide _ on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory — mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. — (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the U.S. (h) Pennittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity- specific compensatory mitigation. In all cases that require compensatory — mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. — 20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., -, excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. _. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The 6 87"x# activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 16 B711 26. Fills Within 100 -Year Floodplains. For purposes of this General Condition, 100 - year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA- approved local floodplain maps. (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100 -year floodplain, below headwaters (i.e. five cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA- approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12- months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. LAKELAND AVENUE COLLIER COUNTY PROJECT NO. 66042 16B7 BID NO. 03-3492 EXHIBIT K -3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT — SFWMD Standard Permit No. 11939 dated November 14, 2002 (This permit may also be known or commonly referred to as a "right of way" permit). WA2000\2 0000 6 711 6 00- Submittal Documents Prep\Lakeland Bridge\Exhibit K - Permits\EXHIBIT K -3.doc sY� SFWMD STANDARD PERMIT NO. 11939 RFe- 17--'1/$= Rev: 9/99 (NON - ASSIGNABLE) NO V 1 8 2002 DATE ISSUED: NOVEMBER 14, 2002 1" 96ra MUIV 1 tj, INC, AUTHORIZING: BRIDGE CROSSING AT LAKELAND AVENUE; REMOVAL OF 2 EXISTING DOUBLE 30" CMP'S & MODIFICATION TO EXISTING 15 ",18" AND 60" RCP'S; ALSO, REMOVAL OF EXISTING EUCLID AVENUE -• CULVERT BRIDGE AND MODIFICATIONS TO THE 2 EXISTING 48" CMP'S ALL WITH IN THE COCOHATCHEE CANAL RIGHT OF WAY (STATION 79 +00 & 65 +75). LOCATED IN: COLLIER COUNTY, SECTION 24 TOWNSHIP 48S RANGE 25E 16B? ISSUED TO: COLLIER COUNTY T BOARD OF COUNTY COMMISSIONERS 3301 EAST TAMIAMI TRAIL, BLDG. D -` NAPLES, FL 34112 ATTENTION: GREGG STRAKALUSE This permit is issued pursuant to Application No. 02- 0917 -5 dated SEPTEMBER 12, 2002 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he /she shall promptly comply with all orders of the District and shall alter, repair or remove his/her -. use solely at his /her expense in a timely fashion. Permittee shall comply with all laws and rules administered by the. District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit. WORK PROPOSED MUST BE COMPLETED ON OR BEFORE NOVEMBER 30, 2004. Otherwise, this -" permit is void and all rights thereunder are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District. SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON ATTACHED SHEETS ARE A PART OF THIS DOCUMENT. FILED WITH THE CLERK OF THE SOUTH SOUTH FLORIDA WATER MANAGEMENT FLQRI A E MANA MENT DISTRICT DISTRICT, BY ITS GOVERNIN ON 2 GAIL WALLACE.) D�, T �I,El� BY S Jt,)PX; , .� VtrA[I� ltd - E:1,1ISNT DISTRICT Depu y Cle ss stant Secretary Acting in absence of Secretary Return Receipt Requested /Certified No. 7000 1530 0000 2742 5758 C: MICHAEL HUSSION * HOLE- MONTES BIG CYPRESS BASIN /NAPLES SERVICE CENTER JESSE STAHL, P. E. PROD. MGR. (941) 597 -1505, EXTENSION 7614 6202 -F PRESIDENTIAL COURT FORT MYERS, FL 33919 16 g 7"-'.-- d 40E -6.381 LIMITING CONDITIONS The District's authorization to utilize lands and other works constitutes a revocable license (including both notice genera permits and standard permits). In consideration for receipt of that license,- permittee shall agree to be bound by th following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter: (1) All structures on District works or lands constructed by permittee shall remain the property of permittee . who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of th District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained anu assumes no liability with regard to injuries caused to others by any such failure. (2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporat safety features, which meet applicable engineering practice and accepted industry standards, into the desigr construction, operation and continued maintenance of the permitted facilities /authorized use. This duty shall include, but not be limited to, permittee's consideration of the District's regulation and potential fluctuation, without notice, of wate- levels in canals and works, as well as the permittee's consideration of upgrades and modifications to the permitte facilities /authorized use which may be necessary to meet any future changes to applicable engineering practice anu accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitter facilities /authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so a. to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any frelr inspections, shall not in any way be relied upon by permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by permittee in order to meet permittee's duty to incorporate safety features, as set forth above. (3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representation., made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E -6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting frorr any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. 1 District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge. (4) This permit does not create any vested rights, and except for governmental entities and utilities, revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and permittee shall be responsible ,for all removal and restoration costs. (5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee. (6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and future employees, agents, representatives, officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's inhouse attorneys' fees based upon private attorneys' fees /rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and /or are caused in whole or in part by the acts, omissions or negligence of the District or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims. (7) The District does not waive sovereign immunity in any respect. 1 40E- \\6.381 LIMITING CONDITIONS (8) The permittee shall not engage in any activity regarding the permitted use which interferes with the -- construction, alteration, maintenance or operation -of the works of the District, including: (a) discharge of debris or aquatic weeds into the works of the District; (b) causing erosion or shoaling within the works of the District; (c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above; — (d) leaving construction or other debris on the District's right of way or waterway; (e) damaging District berms and levees: (a) the removal of District owned spoil material; ° (b) removal of or damage to District locks, gates, and fencing; (c) opening of District rights of way to unauthorized vehicular access; or (d) running or allowing livestock on the District's right of way. (9) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life. (10) Permittee shall allow the District to inspect the permitted use at any reasonable time. (11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the permittee's use. (12) This permit is a non - exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District. (13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers for the works of the District. (14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit. (15) The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, where the permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the permittee to pay all taxes due -and payable. (16) Permittee shall provide prior written notice to their successors in title of the permit and its terms and _. conditions. (17) Permittee shall record a Notice of Permit through filing the appropriate notice agreed to by the District in the public records of the county or counties where the project is located and by providing the District with proof of filing or through an equivalent procedure. All costs associated with this requirement shall be the responsibility of the permittee. Governmental entities and utilities are not subject to this provision. (18) This permit is contingent upon compliance with the recording of the Notice of Permit. Failure to provide proof of the recording of the Notice of Permit will result in the permit becoming invalid on its own terms, the removal of any existing facilities within the right of way, restoration of the right of way to the District's satisfaction, at the permittee's expense, and the possible assessment of civil penalties. (19) Permittee shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility. (20) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners. (21) it is the responsibility of the permittee to make prospective bidders aware of the terms and conditions of _. this permit. It shall be the responsibility of the permittee's contractors to understand the terms and conditions of this permit and govern themselves accordingly. (22) It is the responsibility of the permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final. Specific Authority 373.044, 373.113 F.S. Law Implemented Chapters 373.085(1), 373.086, 373.103, 373.109, 373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5- 30 -82, 12- 29 -86, 12- 24 -91, 9 -15 -99 Formerly 16K- 5.01(2), 16K- 5.02(2), 16K- 5.03(2), 16K- 5.04(4), 16K -5.05, 40E- 6.381. 1687 PERMIT NUMBER 11939 NOVEMBER 14, 2002 SPECIAL CONDITIONS ARE AS FOLLOWS: 1. IF STORM, HURRICANE OR EMERGENCY CIRCUMSTANCES HAVE DEVELOPED, THE DISTRICT WILL CALL BY TELEPHONE OR VISIT THE SITE TO PLACE THE PERMITTEE ON A 24 -HOUR ALERT. AT THIS TIME THE PERMITTEE AND THE PERMITTEE'S CONTRACTOR(S) AND SUB- CONTRACTOR(S) MUST BEGIN SECURING THE PROJECT SITE PER THE DISTRICT APPROVED CONTINGENCY PLANS. 2. IF STORM, HURRICANE OR EMERGENCY CIRCUMSTANCES ARE DEVELOPING, THE DISTRICT WILL ATTEMPT TO PROVIDE A FORTY-EIGHT (48) HOUR NOTICE. THE PERMITTEE WILL BE CONTACTED BY TELEPHONE OR A VISIT TO THE CONSTRUCTION SITE WHEREIN THE PERMITTEE WILL BE INFORMED OF THE EMERGENCY SITUATION. THE PERMITTEE IS PUT ON NOTICE THAT THE 48 -HOUR NOTICE IS A WARNING THAT THE DISTRICT MAY OR MAY NOT BE ABLE TO PROVIDE TO THE PERMITTEE. IT SHOULD BE NOTED THAT THE DISTRICT'S HURRICANE, STORM EVENT AND /OR EMERGENCY ALERT MAY DIFFER FROM THE NATIONAL HURRICANE CENTER OR THE LOCAL NEWS AND WEATHER. THE DISTRICT TAKES INTO CONSIDERATION THE NUMEROUS FACTORS CONCERNING CONSTRUCTION WITHIN THE CHANNEL AND CANAL RIGHTS OF WAY. AS SUCH UPON THE DISTRICT'S NOTIFICATION TO THE PERMITTEE OF A PENDING EMERGENCY, STORM EVENT OR HURRICANE, THE PERMITTEE HAS TWENTY-FOUR (24) HOURS OR LESS TO COMPLY WITH DISTRICT ORDERS AND THE PREVIOUSLY SUBMITTED DISTRICT, APPROVED CONTINGENCY PLAN. 4. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT OF WAY THE PERMITTEE IS REQUIRED TO CONTACT THE DISTRICT'S FIELD REPRESENTATIVE LISTED ON THE FACE OF THIS PERMIT AND SCHEDULE A PRE - CONSTRUCTION MEETING. PERMITTEE SHALL PREPARE AND PRESENT AT THE PRE - CONSTRUCTION MEETING: A. A LIST OF 24 HOUR CONTACT PERSONNEL. THE LIST SHALL INCLUDE THE CONTRACTOR AND DESIGNER, THEIR TITLES AND TELEPHONE NUMBERS FOR OFFICE, MOBILE, BEEPER, HOME OR LOCAL RESIDENCES. B. A WRITTEN INVENTORY OF THE TYPE OF VEHICLES, CONSTRUCTION EQUIPMENT, OTHER MACHINERY AND MATERIALS WHICH WILL BE LOCATED WITHIN THE DISTRICT'S RIGHT OF WAY. C. WRITTEN PROCEDURES FOR THE CLEARING OF ALL CONSTRUCTION MATERIALS, MACHINERY, EQUIPMENT AND VEHICLES FROM THE CANAL AND THE AREA IMMEDIATELY ADJACENT TO THE CANAL WITHIN 24 HOURS NOTICE FROM THE DISTRICT. D. A LIST CONTAINING THE NAMES AND CONTACT NUMBERS OF THE INDIVIDUALS RESPONSIBLE FOR THE VARIOUS OPERATIONS INVOLVED IN THE CLEARING PROCEDURES. 5. PILES OF THE AUTHORIZED CROSSING SHALL ALIGN WITH THE PILES OF THE EXISTING, ADJACENT PILE - SUPPORTED CROSSING. 6. THE LOW MEMBER ELEVATION OF THE BRIDGE CROSSING SHALL BE SET AT ELEVATION 2.0 FEET MSUNGVD OR HIGHER. 7. THE INVERT ELEVATION OF THE 15" RCP SHALL BE SET AT 5.9 FEET NGVD /MSL OR LOWER. 8. THE INVERT ELEVATION OF THE 18" RCP SHALL BE SET AT 5.7 FEET NGVD /MSL OR LOWER. A PERMIT NUMBER 11939 16B7 NOVEMBER 14, 2002 CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS: 9. THE INVERT ELEVATION OF THE 60" RCP SHALL BESET AT 2.2 FEET NGVD /MSL OR LOWER. 10. THE PERMITTEE SHALL TAKE ALL FEASIBLE MEASURES ACCEPTABLE TO THE DISTRICT TO PREVENT THE DISCHARGE OF DEBRIS OR AQUATIC WEEDS INTO ANY PROJECT WORKS BY THE PERMITTED USE. 11. ALL CULVERTS 36 INCHES IN DIAMETER OR LARGER THAT SERVE TO CONNECT TO WORKS OF THE DISTRICT MUST BE EQUIPPED WITH A SKIMMER OR BAFFLE WHICH EFFECTIVELY PRECLUDES THE DISCHARGE OF AQUATIC WEEDS INTO THE DISTRICT'S CANAL SYSTEM. THE SKIMMER OR BAFFLE WILL BE DESIGNED TO BE EFFECTIVE THROUGH A RANGE OF WATER SURFACE CONDITIONS. 12. THE PERMITTEE IS SOLELY RESPONSIBLE FOR MAINTENANCE OF THE SKIMMER OR BAFFLE. 13. AT NO TIME WILL THE CANAL BE BLOCKED OR FLOWS OTHERWISE RESTRICTED OR IMPEDED. THIS SHALL INCLUDE A PROHIBITION ON DAMS OR FILLS BEING PLACED IN THE CANAL DURING ALL -' PHASES OF CONSTRUCTION AND MAINTENANCE. 14. THE PERMITTEE SHALL UTILIZE TURBIDITY SCREENS DURING CONSTRUCTION ACTIVITY IN CONFORMANCE WITH APPLICABLE REGULATIONS. 15. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF SILT BARRIERS LOCATED WITHIN THE CANAL WITHIN 48 HOURS NOTICE FROM THE DISTRICT. IF IN THE DISTRICT'S OPINION, STORM CONDITIONS OR EMERGENCY CIRCUMSTANCES ARE DEVELOPING, THE REMOVAL OF THE SILT BARRIERS SHALL BE COMPLETED WITHIN 12 HOURS OF NOTICE FROM THE DISTRICT. 16. THE PERMITTEE IS RESPONSIBLE FOR PROVIDING AND UTILIZING DUST CONTROL MEASURES DURING ALL PHASES OF CONSTRUCTION. 17. THE PERMITTEE SHALL EXCAVATE THE CANAL TO THE DISTRICT'S PRE - DETERMINED DESIGN SECTION OF A 40' BOTTOM WIDTH AT ELEVATION 1.0' NGVD WITH 1 VERTICAL ON 2 HORIZONTAL SIDE SLOPES. LIMITS OF REQUIRED EXCAVATION SHALL EXTEND UPSTREAM AND DOWNSTREAM 25' FROM THE PROPOSED FACILITY CENTERLINE WITH ADEQUATE TRANSITIONS. 18. EXCAVATED MATERIAL FROM THE CANAL SHALL NOT BE STOCKPILED IN THE CANAL. THE -° PERMITTEE SHALL REMOVE ALL EXCESS MATERIAL FROM THE RIGHT OF WAY. 19. PRIOR TO THE DRIVING OF PILES (EXCEPT ONE TEST PILE), THE PERMITTEE SHALL PROVIDE CERTIFIED CROSS- SECTIONS TO THE DISTRICT SIGNED AND SEALED BY A FLORIDA PROFESSIONAL ENGINEER CERTIFYING THAT THE CANAL DESIGN SECTION AS DIRECTED BY THE DISTRICT HAS BEEN ACHIEVED AND RECEIVE WRITTEN ACCEPTANCE OF THE CANAL CROSS- SECTIONS FROM THE _. DISTRICT. 169741 PERMIT NUMBER 11939 NOVEMBER 14, 2002 CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS: 20. THE CERTIFIED CROSS- SECTIONS SHALL BE TAKEN PERPENDICULAR TO THE CENTERLINE OF THE CHANNEL. SOUNDINGS FOR CROSS- SECTIONS ARE TO BE TAKEN AT A MAXIMUM OF 10' INTERVALS, FROM TOP OF BANK TO TOP OF BANK AND TIED INTO THE CANAL RIGHTS OF WAY LINES. THE CROSS- SECTIONS MUST BE PLOTTED ON STANDARD 10 X 10 CROSS- SECTION PAPER OR A SIMILAR CAD DRAWING, INCLUDE THE DISTRICT'S RIGHTS OF WAY LINES AND NORTH ARROW AND HAVE 21. THE DESIGN CANAL SECTION SUPERIMPOSED OVER PREVIOUS (PRE- EXCAVATED) CROSS - SECTIONS OF THE CANAL. MEAN SEA LEVEL (MSL) OR NATIONAL GEODETIC VERTICAL DATUM (NGVD 1929) WILL BE USED AS DATUM AND ENGLISH OR A COMBINATION OF ENGLISH AND EQUIVALENT METRIC UNITS OF MEASURE EMPLOYED, USING THE SAME HORIZONTAL AND VERTICAL SCALE OF 1" = 10'. THE EXISTING CROSS- SECTIONAL AREA BELOW THE DESIGN WATER SURFACE SHALL BE ACCURATELY CALCULATED BY THE APPLICANT AND PRINTED ON OR ADJACENT TO EACH CROSS- SECTION. 22. THE PERMITTEE SHALL NOT PLACE SIGNS, SIGNAL POLES, GUARD RAILING OR ANY OTHER OBSTRUCTIONS, NOT PREVIOUSLY AUTHORIZED, WITHIN THE DISTRICT'S RIGHT OF WAY OR DESIGNATED EQUIPMENT STAGING AREAS, 23. THE PERMITTEE SHALL PROVIDE THE DISTRICT VEHICULAR ACCESS AND INCLUDE ALL SPECIFICATIONS AND FEATURES AT THE LOCATIONS AS APPROVED BY THE DISTRICT AND SHOWN ON THE PLANS CONTAINED IN THE PERMIT. 24. NO VEHICULAR MAINTENANCE /REPAIR ACTIVITIES OR SUBSTANCES OR PARTS ASSOCIATED WITH THE REPAIR OR MAINTENANCE OF VEHICLES /EQUIPMENT WILL TAKE PLACE, BE USED, STORED OR DISCARDED WITHIN THE RIGHT OF WAY NOT SHALL THE DISTRICT'S RIGHT OF WAY BE USED FOR STORAGE OR PARKING OF EQUIPMENT, ASSOCIATED MACHINERY OR CONSTRUCTION TRAILERS. 25. THE PERMITTEE IS PUT ON NOTICE THAT THE DISTRICT HAS NO CONTROL OVER THE SALE OR TRANSFER OF REAL OR PERSONAL PROPERTY. THEREFORE, IT IS THE SOLE OBLIGATION OF A PERMITTEE TO DISCLOSE THE EXISTENCE OF A RIGHT OF WAY OCCUPANCY PERMIT, ITS TERMS AND CONDITIONS TO PROSPECTIVE PURCHASERS. UPON CONVEYANCE OF THE PROPERTY, THE NEW OWNER MUST SUBMIT A WRITTEN REQUEST THAT THE DISTRICT TRANSFER THE PERMIT INTO HIS /HER NAME(S). 26. THE PERMITTEE SHALL HAVE A COPY OF THIS PERMIT AVAILABLE ON -SITE DURING INSTALLATION. 27. IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, THE PERMITTEE IS REQUIRED TO CONTACT THE DISTRICT'S FIELD REPRESENTATIVE LISTED ON THE FACE OF THE PERMIT, SO THAT A FINAL INSPECTION MAY BE SCHEDULED. k :J4 Form #0122 Rev. 09/99 (SP -1) SOUTH FLORIDA WATER MANAGEMENT DISTRICT Post Office Box 24680, West Palm Beach, FL 33416 -4680 Telephone (561) 686.8800 FL WATS Line 1- 800 - 432.2045 Attention: Right of Way Permitting ,,,��---�� APPLICATION NO. `..s✓ -65 � �--5 i APPLICATION TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR RIGHT OF WAY STANDARD PERMIT NOTE: In order to be eligible to apply and be considered for issuance of a Right of Way Occupancy Standard Permit (SP) for use of the District's rights of way, all of the District's applicable criteria for the use or facility must be met in its entirety. Responsibility is borne by the applicant to provide all required information sufficient to the District to insure the District's criteria will be met. Applicant's Full Name Collier Counter Board of _�Quntv_�Q IM Qn;ex _- _ - - -__ (include all applicants' names, if applicable) Applicant's Complete Address_ 3301 E. Tamiami Trail,_ Bl —gD� Naples _FL X41 -12 — _ — _ (include zip -code) Applicant's Telephone Numbers---239-77-4-B19 2 ------- ---- ?39 -7 24 9-U-0--(f-ad­— - -- - If applicant or user is other than the owner(s): If Owner(s) Full Name -=,: , -r• •, �_ —_ (include all owners' names, if applicable) Owner(s) Complete Address--------------- - - - - -- -+titae3 Owner(s) Telephone Numbers___ - -- LOCATION OF PROJECT: (Note: copy of recent property /boundary survey must be provided; or, a metes and bounds description) Work or Land (canal or levee) Involved -- Cocahatchee_--- ---- —_— County --- rn1 l er_- -_____ Section__ -Z4-- - -__ -- _, Township - -4R ____--South, Range 25- -- -_East Lot Number- N/A _ Block Number _]%jA —_ Subdivision Name ----- —__ - -_ DESCRIPTION OF PROJECT: (Note: Check all uses /facilities that apply) — Access (temporary) -g- Bridge Landscaping _ Culvert _— Dock/Associated Facilities — Fencing Utility Installation — Storage (temporary) -- Vegetation Clearing /Removal -�- Other Removal of Euclid Ayes bridste: Re_vorkt n&--Q f ? culverts @ Ev,cl i d AvQ,_ , (include description) removal of 2 culverts at Lakeland Avenue. Page 1 of 4 40E- 6.381 LIMITING CONDITIONS The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, permittee shall agree to be bound by the following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter: (1) All structures on District works or lands constructed by permittee shall remain the property of permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and, safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure. (2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued maintenance of the permitted facilities /authorized use. This duty shall include, but not be limited to, permittee's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the permittee's consideration of upgrades and modifications to the permitted facilities /authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilitieslauthorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by permittee in order to meet permittee's duty to incorporate safety features, as set forth above. (3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E -6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees" is ,understood to mean the fair market value of the services provided, based upon what a private attorney would charge. (4) This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and permittee shall be responsible for all removal and restoration costs. (5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee. (6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and future employees, agents, representatives, officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's inhouse attorneys' fees based upon private attorneys' fees /rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and /or are caused in whole or in part by the acts, omissions or negligence of the District or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims. (7) The District does not waive sovereign immunity in any respect. X71 VY Page 2 of 4 (SP -1) s�_;s RIGHTGI"..i,1,,Ay, D1VfSl0N e I, 40E -6.381 LIMITING CONDITIONS (8) The permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration, maintenance or operation of the works of the District, including: (a) discharge of debris or aquatic weeds into the works of the District; (b) causing erosion or shoaling within the works of the District; (c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above; ,_.. (d) leaving construction or other debris on the District's right of way or wat�:rw,ay (e) damaging District berms and levees; (a) the removal of District owned spoil material; (b) removal of or damage to District locks, gates, and fencing; (c) opening of District rights of way to unauthorized vehicular access; or (d) running or allowing livestock on the District's right of way. F11' 1i �:.,, `.:, r � �, ��{ 'f SIC,} (9) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life. (10) Permittee shall allow the District to inspect the permitted use at any reasonable time. (11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the permittee's use. (12) This permit is a non - exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District. b (13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers for the works of the District. (14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit. (15) The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, where the permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the permittee to pay all taxes due and payable. (16) Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions. (17) Permittee shall record a Notice of Permit through filing the appropriate notice agreed to by the District in the public records of the county or counties where the project is located and by providing the District with proof of filing or through an equivalent procedure. All costs associated with this requirement shall be the responsibility of the permittee. Governmental entities and utilities are not subject to this provision. (18) This permit is contingent upon compliance with the recording of the Notice of Permit. Failure to provide proof of the recording of the Notice of Permit will result in the permit becoming invalid on its own terms, the removal of any existing facilities within the right of way, restoration of the right of way to the District's satisfaction, at the permittee's - expense, and the possible assessment of civil penalties. (19) Permittee shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility. _ (20) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners. (21) It is the responsibility of the permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the permittee's contractors to understand the terms and conditions of this - permit and govern themselves accordingly. (22) It is the responsibility of the permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final. Specific Authority 373.044, 373.113 F.S. Law Implemented Chapters 373.085(1), 373.086, 373.103, 373.109, 373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5- 30 -82, 12- 29 -86, 12- 24 -91, 9 -15 -99 Formerly 16K- 5.01(2), 16K- 5.02(2), 16K- 5.03(2), 16K- 5.04(4), 16K -5.05, 40E- 6.381. Page 3 of 4 (SP -1) r,a74i in compliance with provisions of Chapter 373, Florida Statutes and Chapter 43E -3, Florida Administrative Code, application is hereby made for alight of Way Occupancy Standard Permit in accordance with support drawings, data and incidental information filed with this application and made a part of this application. i hereby certify that all information contained in or made a part hereof is true and correct to 'the best of my knowledge, that any permit issued shall require that the permitted use be constructed and operated in accordance with such information. I further certify that i have read the Standard Limiting Conditions appearing on this application and understand that said conditions will be incorporated within any permit issued pursuant to the application, unless expressly waived by the Governing Board. i further acknowledge that the SFUVA/ID may incorporate additional Special conditions as may be necessarnj in the best interest of the District. In signing this application, I acknowledge that failure to comply with all conditions of this permit may result in permit revocation, financial :assurance or bond forfeiture, and remedial action against me by the SFWA ID. I assume full responsibility for the actions of all my employees, agents and persons, whether under diract contractual obligation to me or indirectly, with respect to compliance with the conditions and limitations contained within this application or within a permit issued as a result of this application. Greoa Strakaluse Applicant's Name (print or type) Applicant's Signature Owner's Name (print or type) Date Jesse R. Stahl P.E. Applicant's Agent's name (print or type) jpZpli�ca—ff's Agent' Signature Owner's Signature Date Please be scare ,the following accompany the submittal of your application: t Application Processing Fee Property/Boundary Survey/Metes and Bounds Descri tion i`' °' ; fa tr:,�. Drawings Describing the use of facilities _ Copy of Building Permit (if applicable) Copy of SI=WMD Water Use, Surface Water Management Permits, etc. (if applicable) Other information Pertinent to the application Pace 4 of 4 !SP -11 I 'IVA08ddV ONLL,LIMIEd 01 133E f1S ZO /OE /8 NOISSINSCIS GOOI o� a� � � k 0. Z LLJ W J 0 _ W co V0 s a OCR _. W N pZ°� z F5 J z s o; U W co O � Z_ c U 3 W UJ O a � r m Ira w Z01 o� a� � � k 0. CO LLJ W cc _ Oap� co OCR _. W N pZ°� z F5 J z s o; U W 0 a O � Z_ c U 3 a � r m QU CL _ FS ;,c Mo ob �O z °00 zU`Q �av ¢zJ o>- w ~a W az �e _j o� a� � � k 0. 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Y2 a. --g— g c; a: E5 ON :r (1) W z 0 0 W U D it 0 • r LAKELAND AVENUE _ COLLIER COUNTY PROJECT NO. 66042 BID NO. 03-3492 EXHIBIT K -4 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION — Generic Permit for Stormwater Discharge from Construction Activities That Disturb Five or More Acres of Land, dated October 22, 2000 (This permit may also be known or commonly referred to as a "NPDES" permit). WA2000\2000067 \1600 - Submittal Documents PrepV- akeland Bridge \Exhibit K - Permits\EXHIBTr K -4.doc 1113221r.. State of Florida Department of Environmental Protection Generic Permit For Stormwater Discharge from Construction Activities That Disturb Five or More Acres of Land October 2000 This permit is issued under the provisions of Section 403.0885, Florida Statutes, and applicable rules of the Florida Administrative Code. Construction activities that disturb five acres or more of land area are considered industrial activities under 40 CFR Part 122.26(b)(14). This permit constitutes authorization to discharge stormwater associated with industrial activity to surface waters under the National Pollutant Discharge Elimination System (NPDES). Until this permit is terminated, modified or revoked, permittees that have properly obtained coverage under this permit are authorized to disturb land, to construct and operate facilities, and to discharge to surface waters in accordance with the terms and conditions of this permit. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 1667` Part I. General Provisions A. Applicability and Coverage 1. Coverage under this generic permit is available for stormwater discharges from construction activities which disturb five or more acres of land, and which discharge to surface waters of the state as defined in Section 403.031, F. S., or to a municipal separate storm sewer system via a point source. 2. This generic permit does not constitute authorization under Part IV of Chapter 373, F. S., for the construction, alteration, operation, maintenance, abandonment, or removal of any stormwater management system, dam, impoundment, reservoir, or appurtenant work or works, including dredging or filling, in, on or over wetlands and other surface waters, as determined by the methodology authorized in Subsection 373.421(1), F. S. B. Eligibility 1. In order to be eligible for use of this permit, the applicant must previously obtain a stormwater discharge permit under Chapter 62 -25, F.A.C., environmental resource permit under Part IV, Chapter 373, F.S., or stormwater discharge permit from a Department approved delegated local government, for the stormwater discharge associated with the activity. 2. This permit may authorize all discharges identified in the pollution prevention plan of stormwater associated with industrial activity associated with construction sites occurring after the effective date of this permit. This includes discharges occurring after the effective date of this permit where the construction activity was initiated before the effective date of this permit, in accordance with the provisions of Part III.A.1, except for discharges identified under paragraph C below. 3. This permit shall authorize stormwater discharges from construction sites that are mixed with stormwater discharges associated with industrial activity from industrial sources other than construction, where: a. the industrial source other than construction is located on the same site as the construction activity; b. stormwater discharges associated with industrial activity from the areas of the site where construction activities are occurring are in compliance with the terms of this permit; and C. stormwater discharges associated with industrial activity from the areas of the site where industrial activity other than construction are occurring (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants at the construction site) are in compliance with the terms of a different generic permit or individual permit authorizing such discharges. 4. Limitations on Coverage- The following stormwater discharges from construction sites are not authorized by this permit: a. stormwater discharges associated with industrial activity that originate from the site after construction activities have been completed and the site has undergone final stabilization; b. discharges that are mixed with sources of non- stormwater, other than discharges identified in Part I.B.2 of this permit; C. stormwater discharges associated with construction activity that are subject to an DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 2 !- 5B7It existing generic or individual permit or that are issued pursuant to Section 403.0885, F.S. Such discharges may be authorized under this permit after an existing individual permit expires, provided the existing permit did not establish numeric limitations for such discharges; or d. stormwater discharges from construction sites that the Department has determined to be or may reasonably be expected to be causing or contributing to a violation of a water quality standard. C. Authorization 1. In order to be authorized to discharge under this generic permit, an applicant must submit a Notice of Intent (NOI) in accordance with the requirements of Part III of this permit, using an NOI form provided by the Department (or photocopy thereof) for stormwater discharges from construction sites. Authorization is granted 48 hours after the date the NOI is postmarked to the Department, except for those activities identified in paragraph 2. below. 2. Construction activities that fall below thresholds that require a state stormwater permit pursuant to Chapter 62 -25, F.A.C., environmental resource permit under Part IV, Chapter 373, F.S., or stormwater discharge permit from a Department approved delegated local government, may still obtain coverage under this permit. However, in order to be authorized to discharge under this generic permit, an applicant must file an appropriate NOI form and a copy of the stormwater pollution prevention plan. Unless notified by the Department to the contrary, authorization is granted 30 days after the date the NOI is postmarked to the Department. 3. The Department may deny coverage under this permit and require submittal of a revised NOI or stormwater pollution prevention plan based on the Department's determination that the NOI is incomplete or otherwise is not in accordance with the requirements of this generic permit. 4. Application processing fees shall be submitted with the NOI in the amount established in Rule 62- 4.050, F.A.C. To be considered by the Department, each NOI must be accompanied by the proper processing fee. The fee shall be paid by check, payable to the Department of Environmental Protection. The NOI processing fee is non - refundable. Part II. Definitions For the purposes of this generic permit, the following definitions shall apply, unless otherwise indicated: 1. 'Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 2. "Construction Activity" means the act or process of developing or improving land and includes clearing, grading, and excavation. 3. "Commencement of Construction" means the initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. 4. "Department" or "FDEP" means the Florida Department of Environmental Protection. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 3 ICT-IrAd.7 5. "Final Stabilization" means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered by permanent structures has been established or equivalent permanent stabilization measures have been employed. 6. "Water Management District" or "WMD" means the Northwest Florida Water Management District, the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, or the South Florida Water Management District. 7. "NOI" means notice of intent to be covered by this permit (see Part III of this permit.) 8. "NOT" means notice of termination (see Part VIII of this permit). 9. "NPDES" means the federal National Pollutant Discharge Elimination System. 10. "Point Source" means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, swale, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. 11. " Stormwater" means the flow of water which results from, and which occurs immediately following, a rainfall event. 12. "Waters of the state" means those surface waters that are defined in section 403.031, F. S. Part III. Notice of Intent Requirements A. Deadlines for Notification. 1. Individuals who intend to obtain coverage under this generic permit for stormwater discharges from a construction site where commencement of construction occurs after <insert effective date >, shall submit an NOI in accordance with the requirements of this Part, and in accordance with Part I.C. 2. For stormwater discharges from construction sites where the operator changes, an NOI in accordance with the requirements of this Part shall be submitted by the new operator at least 2 days prior to when the new operator obtains control of the site. B. Contents of Notice of Intent. 1. Applicants must use the Department's current NOI form, Notice of Intent to Use Generic Permit for Stormwater Discharge from Construction Activities that Disturb Five or More Acres of Land (Rule 62- 621.300(4)(b)). By completing and signing an approved NOI form to obtain permit coverage, the applicant is certifying that they meet all applicable eligibility requirements of Part I.B and are informing the Department of their intent to be covered by, and comply with, the terms and conditions of this generic permit. The Notice of Intent shall be signed in accordance with Part VII.0 of this permit by the operator of the site. C. Where to Submit. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 4 9710 1. NOIs must be signed in accordance with Part VII.0 of this permit. NOIs are to be submitted to the following address: NPDES Stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 2. A copy of the NOI or other indication that stormwater discharges from the site are covered under this generic permit, and a brief description of the project shall be posted at the construction site in a prominent place for public viewing (such as alongside a building permit). D. Additional Notification. 1. Facilities which discharge stormwater associated with construction activities to a municipal separate stormwater system within Broward, Dade, Duval, Escambia, Hillsborough, Lee, Leon, Manatee, Orange, Palm Beach, Pasco, Pinellas, Polk, Sarasota or Seminole Counties shall submit a copy of the NOI to the operator of the municipal separate storm sewer system. Included within these counties, the Florida Department of Transportation (FDOT), incorporated municipalities, and Chapter 298 Special Districts shall also be notified where they own or operate a municipal separate storm sewer system receiving stormwater discharges associated with construction activity covered by this permit. E. Period of Coverage 1. Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage. F. Permit Renewal 1. If construction activities are not completed within the period of coverage, the operator shall submit another NOI form at least 2 days prior to the expiration of coverage under this permit. Part IV. Special Conditions, Management Practices, and Other Non - numeric Limitations A. Prohibition on Non - stormwater Discharges. 1. Except as provided in paragraph I.B.3 and IV.A.3, all discharges covered by this permit shall be composed entirely of stormwater. 2. Except as specified in 3 below, discharges of material other than stormwater must be in compliance with a NPDES permit (other than this permit) issued for the discharge. 3. The following non - stormwater discharges may be authorized by this permit provided the non - stormwater component of the discharge is in compliance with paragraph V.D.10 and the stormwater management system is designed to accept these discharges and provide treatment of the non - stormwater component sufficient to meet Florida water quality standards: discharges from fire fighting activities; fire hydrant flushings; waters used to spray off loose solids DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 16 B 71.1 from vehicles (waste waters from a more thorough cleaning, including the use of detergents or other cleaners is not authorized by this part) or control dust in accordance with Part V.D.6.b; potable water sources including waterline flushings; irrigation drainage; routine external building washdown which does not use detergents; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air conditioning condensate; springs; and foundation or footing drains where flows are not contaminated with process materials such as solvents. 4. Discharges resulting from ground water dewatering activities at construction sites are not covered by this permit. Applicants for these discharges must obtain coverage under the Department's Generic Permit for the Discharge of Produced Ground Water from any Non- contaminated Site Activity pursuant to 62- 621.300(2), F.A.C. B. Releases in Excess of Reportable Quantities. 1. The discharge of hazardous substances or oil in the stormwater discharge(s) from a facility shall be prevented or minimized in accordance with the applicable stormwater pollution prevention plan for the facility. This permit does not relieve the permittee of the reporting requirements of 40 CFR part 117 and 40 CFR part 302. Where a release containing a hazardous substance in an amount equal to or in excess of a reporting quantity established under either 40 CFR 117 or 40 CFR 302, occurs during a 24 hour period: a. The permittee is required to notify the National Response Center (NRC) (800 -424- 8802 or for Region 4, 404 - 562 -8702) in accordance with the requirements of 40 CFR 117 and 40 CFR 302 as soon as he or she has knowledge of the discharge; b. The permittee shall submit within 14 calendar days of knowledge of the release a written description of the release (including the type and estimate of the amount of material released), the date that such release occurred, the circumstances leading to the release, and remedial steps to be taken, to the local Department Office; and C. The stormwater pollution prevention plan required under Part V of this permit must be modified within 14 calendar days of knowledge of the release to: provide a description of the release, the circumstances leading to the release, and the date of the release. In addition, the plan must be reviewed to identify measures to prevent the reoccurrence of such releases and to respond to such releases, and the plan must be modified where appropriate. 2. This permit does not authorize the discharge of hazardous substances or oil resulting from an on -site spill. Part V. Stormwater Pollution Prevention Plans A. A stormwater pollution prevention plan shall be developed for each construction site covered by this permit. Stormwater pollution prevention plans shall be prepared in accordance with good engineering practices. Equivalent, Department approved erosion and sediment control plans prepared as a permit requirement under Part IV, Chapter 373, F.S., or Chapter 62 -25, F.A.C. may serve as the pollution prevention plan provided all of the elements of this section are included in such an alternative plan. The plan shall identify potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction site. In addition, the plan shall describe and ensure the implementation of practices which will be used to reduce the DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 6 pollutants in stormwater discharges associated with industrial activity at the construction site and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the stormwater pollution prevention plan required under this part as a condition of this permit. B. Deadlines for Plan Preparation and Compliance. 1. The pollution prevention plan shall: a. Be completed (including certifications required under Part VII.C) prior to the submittal of an NOI to be covered under this permit and updated as appropriate; b. The plan shall provide for compliance with the terms and schedule of the plan beginning with the initiation of construction activities. C. Keeping Plans Current. 1. The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the surface waters, including the addition of or change in location of stormwater discharge points, and which has not otherwise been addressed in the plan or if the stormwater pollution prevention plan proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified under Part V.D.3 of this permit, or in otherwise achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. In addition, the plan shall be amended to identify any new contractor and/or subcontractor that will implement a measure of the stormwater pollution prevention plan (see Part V.E). Amendments to the plan shall be prepared, dated, and kept as attachments to the original plan. D. Contents of Plan. 1. The stormwater pollution prevention plan shall include the items set forth in paragraphs 2 through 10 below: 2. Site Description. Each plan shall provide a description of pollutant sources and other information as indicated: a. A description of the nature of the construction activity; b. A description of the intended sequence of major activities which disturb soils for major portions of the site (e.g. grubbing, excavation, grading); C. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or other activities; d. Existing data describing the soil or the quality of any discharge from the site and an estimate of the size of the drainage area for each outfall; e. A site map indicating drainage patterns and approximate slopes anticipated after major grading activities, areas of soil disturbance, an outline of areas which may not be disturbed, the location of major structural and nonstructural controls identified in the plan, the location of areas where stabilization practices are expected to occur, surface waters, wetlands, and locations where stormwater is discharged to a surface water; and, DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 7 a k f. The location in terms of latitude and longitude, to the nearest 15 seconds, of each outfall, the name of the receiving water(s) for each outfall. 3. Controls. Each plan shall include a description of appropriate controls, BMPs, and measures that will be implemented at the construction site. The plan will clearly describe for each major activity identified in Part V.D.2.b appropriate control measures and the timing during the construction process that the measures will be implemented. For example, perimeter controls for one portion of the site will be installed after the clearing and grubbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site. Perimeter controls will be actively maintained until final stabilization of those portions of the site upward of the perimeter control. Temporary perimeter controls will be removed after final stabilization. All controls shall be consistent with the performance standards for erosion and sediment control and stormwater treatment as set forth in the Section 62- 40.432, F. A. C., the applicable stormwater or environmental resource permitting requirements of the FDEP or appropriate WMD, and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (FDEP, 1988) and any subsequent amendments. The description and implementation of controls shall address the minimum components set forth in paragraphs 4 and 5 below. - 4. Erosion and Sediment Controls. a. Stabilization Practices. A description of interim and permanent stabilization practices, including site - specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized. Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. A record of the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site and when stabilization measures are initiated shall be included in the plan. Stabilization measures shall be initiated as soon as practicable, but in no case more than 14 days, in portions of the site where construction activities have temporarily or permanently ceased. b. A description of structural practices, to divert flows from exposed soils, store flows, retain sediment on -site, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Such practices may include silt fences, earth dikes, diversions, swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins. Structural BMPs shall be placed on upland soils unless a State of Florida wetland resource management permit or environmental resource permit issued pursuant to - Chapter 373, FS, and applicable regulations of the FDEP or WMD authorize otherwise. The installation of these devices may be subject to Section 404 of the CWA. C. For common drainage locations that serve an area with more than 10 disturbed acres at one time, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent control measures, shall be provided where attainable until final stabilization of the site. The 3,600 cubic feet of storage area per acre drained does not apply to - flows from offsite areas and flows from onsite areas that are either undisturbed or have undergone final stabilization where such flows are diverted around both the disturbed area and the sediment basin. For drainage locations which serve more than 10 disturbed acres at one time and where a temporary sediment basin providing 3,600 cubic feet of storage per acre drained, or equivalent controls is not attainable, smaller sediment basins and/or sediment traps should be used. At a DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 minimum, silt fences, or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. d. For drainage locations serving less than 10 acres, sediment basins and/or sediment traps are recommended but not required. At a minimum, silt fences or equivalent sediment controls are required for all sideslope and downslope boundaries of the construction area. 5. Stormwater Management. A description of BMPs that will be installed during the construction process to control pollutants in stormwater discharges that will occur during construction and after construction operations have been completed. These controls shall be consistent with the performance standards for stormwater treatment as set forth in the Section 62- 40.432, F. A. C., the applicable stormwater or environmental resource permitting regulations of the FDEP or the appropriate WMD, and the guidelines contained in the Florida Development Manual: A Guide to Sound Land and Water Management (FDEP, 1988), and any subsequent amendments. Structural BMPs shall be placed on upland soils unless a State of Florida wetland resource management permit or environmental resource permit issued pursuant to Chapter 373, FS, and applicable regulations of the FDEP or WMD authorize otherwise. The installation of these devices may be subject to Section 404 of the CWA. This generic permit only addresses the installation of stormwater management controls, and not the ultimate operation and maintenance of such controls after the construction activities have been completed and the site has undergone final stabilization. Under this generic permit, permittees are only responsible for the installation and maintenance of stormwater management BMPs prior to final stabilization of the site, and are not responsible for maintenance after stormwater discharges associated with industrial activity have been eliminated from the site. However, all stormwater management systems and BMPs shall be operated and maintained in perpetuity after final stabilization in accordance with requirements set forth in the State of Florida stormwater or environmental resource permit issued for the site. a. Such controls or best management practices may include: stormwater detention systems (including wet ponds); stormwater retention systems; flow attenuation by use of open vegetated swales and natural depressions; infiltration of runoff onsite; and sequential systems which combine several practices (BMP treatment train). Pursuant to the requirements of section 6240.432, FAC, the stormwater management system shall be designed to remove at least 80 percent of the average annual load of pollutants which cause or contribute to violations of water quality standards (95 percent if the system discharges to an Outstanding Florida Water). The pollution prevention plan shall include an explanation of the technical basis used to select the practices to control pollution where flows exceed predevelopment levels. b. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel for the purpose of providing a non - erosive velocity flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g. no significant changes in the hydrological regime of the receiving water). Equalization of the predevelopment and post - development stormwater peak discharge rate and volume shall be a goal in the design of the post- development stormwater management system. 6. Controls for Other Potential Pollutants. a. Waste Disposal. No solid materials, including building materials, shall be discharged to surface waters, except as authorized by a Section 404 permit and by a State of Florida wetland resource management permit or environmental resource permit issued pursuant to chapter 373, F.S., and the applicable regulations of the FDEP or WMD. b. Off -site vehicle tracking of sediments and the generation of dust shall be minimized. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 2 9 T11 C. The plan shall ensure and demonstrate compliance with applicable State and/or local waste disposal, sanitary sewer or septic system regulations. d. The plan shall address the proper application rates and methods for the use of fertilizers and pesticides at the construction site and set forth how these procedures will be implemented and enforced. Nutrients will be applied only at rates necessary to establish and maintain vegetation such that discharges will not cause or contribute to violations of State surface or ground water quality standards. e. The plan shall ensure that the application, generation, and migration of toxic substances is limited and that toxic materials are properly stored and disposed. 7. Approved State or Local Plans. a. Facilities which discharge stormwater associated with construction activities must include in their stormwater pollution prevention plan procedures and requirements specified in applicable sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by State, regional, or local officials. Permittees shall provide a certification in their stormwater pollution prevention plan that their stormwater pollution prevention plan reflects requirements applicable to protecting surface water resources in sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by State, regional, or local officials. Permittees shall comply with any such requirements during the term of the permit. This provision does not apply to provisions of master plans, comprehensive plans, non - enforceable guidelines or technical guidance documents that are not identified in a specific plan or permit that is issued for the construction site. b. Stormwater pollution prevention plans must be amended to reflect any change applicable to protecting surface water resources in sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by State, regional, or local officials for which the permittee receives written notice. Where the permittee receives such written notice of a change, the permittee shall provide a re- certification in the stormwater pollution prevention plan that the stormwater pollution prevention plan has been modified to address such changes. C. Dischargers seeking alternative permit requirements shall submit an individual permit application in accordance with Rule 62 -620, F.A.C. to the local Department office, along with a description of why requirements in approved State, regional, or local plans or permits, or changes to such plans or permits should not be applicable as a condition of the individual permit. 8. Maintenance. The plan shall include a description of procedures that will be followed to ensure the timely maintenance of vegetation, erosion and sediment controls, stormwater management practices, and other protective measures and BMPs so they will remain in good and effective operating conditions. 9. Inspections. Qualified personnel (provided by the discharger) shall inspect all points of discharge into surface waters or to a municipal separate storm sewer system and all disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural controls, and locations where vehicles enter or exit the site at least once every seven calendar days and within 24 hours of the end of a storm that is 0.25 inches or greater. Where sites have been finally stabilized; such inspection shall be conducted at least once every month. a. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the stormwater system. The stormwater management system and erosion and sediment control measures identified in the plan shall be observed to ensure that they are operating correctly. Where DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 10 li 58714, discharge locations or points are accessible, they shall be inspected to ascertain whether erosion and sediment control and stormwater treatment measures are effective in meeting the performance standards set forth in Section 62- 40.432, F.A.C. and the applicable stormwater or environmental resource permitting regulations of the FDEP or appropriate WMD. Locations where vehicles enter or exit the site shall be inspected for evidence of offsite sediment tracking. b. Based on the results of the inspection, all maintenance operations needed to assure proper operation of all controls, BMPs, practices, or measures identified in the stormwater pollution prevention plan shall be done in a timely manner, but in no case later than 7 calendar days following the inspection. If needed, the pollution prevention controls, BMPs, and measures identified in the shall be revised as appropriate, but in no case later than 7 calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the plan within 7 calendar days following the inspection. C. A report summarizing the scope of the inspection, name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the stormwater pollution prevention plan, and actions taken in accordance with paragraph V.D.9.b of the permit shall be made and retained as part of the stormwater pollution prevention plan for at least three years from the date that the site is finally stabilized. Such reports shall identify any incidents of non - compliance. Where a report does not identify any incidents of non - compliance, the report shall contain a certification that the facility is in compliance with the stormwater pollution prevention plan and this permit. The report shall be signed in accordance with Part VII.0 of this permit. 10. Non - Stormwater Discharges - Except for flows from fire fighting activities, sources of non - stormwater listed in Part IV.A.3 of this permit that are combined with stormwater discharges associated with construction activity must be identified in the plan. The plan shall identify and ensure the implementation of appropriate pollution prevention and treatment measures for the non - stormwater component(s) of the discharge. E. Contractors 1. The stormwater pollution prevention plan must clearly identify for each measure identified in the plan, the contractor(s) and/or subcontractor(s) that will implement the measure. All contractors and subcontractors identified in the plan must sign a copy of the certification statement in Part V.E.2 of this permit in accordance with Part VILC of this permit. All certifications must be included in the stormwater pollution prevention plan. 2. Certification Statement. All contractors and subcontractors identified in a stormwater pollution prevention plan in accordance with Part V.E.1 of this permit shall sign a copy of the following certification statement before conducting any professional service identified in the stormwater pollution prevention plan: "I certify under penalty of law that I understand the terms and conditions of the generic stormwater permit issued pursuant to Section 403.0885, F. S., that authorizes the stormwater discharges associated with industrial activity from the construction site identified as part of this certification." The certification must include the name and title of the person providing the signature in accordance with Part VII.0 of this permit; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 I1 Part VI. Retention of Records A. The permittee shall retain copies of stormwater pollution prevention plans and all reports required by this permit, and records of all data used to complete the Notice of Intent to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized. This period may be extended by request of the Department at any time. B. The permittee shall retain a copy of the stormwater pollution prevention plan required by this permit at the construction site from the date of project initiation to the date of final stabilization. Part VII. Standard Permit Conditions A. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of Section 403.0885, F. S. and is grounds for enforcement action; for permit coverage termination, or revocation; or for denial of a permit renewal application. B. All of the general conditions listed in Rule 62- 621.250, F.A.C., are adopted herein by reference. C. Signatory Requirements. 1. All Notices of Intent, Notices of Termination, stormwater pollution prevention plans, reports, certifications or information either submitted to the Department or the operator of a large or medium municipal separate storm sewer system, or that this permit requires be maintained by the permittee, shall be signed as set forth below. 2. All Notices of Intent shall be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (1) a president, secretary, treasurer, or vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation; or (2) the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second - quarter 1980 dollars) if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes (1) the chief executive officer of the agency, or (2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of - the agency (e.g., Regional Administrators of EPA). 3. All reports required by the permit and other information requested by the reviewing agency shall be signed by a person described above or by a duly authorized representative of that - person. A person is a duly authorized representative only if: a. The authorization is made in writing by a person described above and submitted to the reviewing agency. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 12 b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of manager, operator, superintendent, or position of equivalent responsibility or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). C. If an authorization under paragraph III.B is no longer accurate because a different operator has responsibility for the overall operation of the construction site, a new notice of intent satisfying the requirements of paragraph III.B. must be submitted to the reviewing agency prior to or together with any reports, information, or applications to be signed by an authorized representative. d. Any person signing documents under paragraph VII.0 shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Part VIII. Termination of Coverage A. Notice of Termination. 1. Where a site has been finally stabilized and all stormwater discharges from construction sites that are authorized by this permit are eliminated (see Part II. for the definition of final stabilization), the permittee of the facility shall submit a Notice of Termination, on Department form 62- 621.300(6), that is signed in accordance with Part VII.0 of this permit within 14 days of final stabilization of the site. 2. Elimination of stormwater discharges associated with construction activity means that all disturbed soils at the identified facility have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, or that all stormwater discharges associated with construction activities from the identified site that are authorized by this generic permit have otherwise been eliminated. B. Where to Submit. A permittee shall submit a Notice of Termination to the following address: NPDES Stormwater Notices Center, MS# 2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 2. If the stormwater management system discharges to a municipal separate storm sewer system within Broward, Dade, Duval, Escambia, Hillsborough, Lee, Leon, Manatee, Orange, DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 13 ` { `di d� 8 7 S ti Palm Beach, Pasco, Pinellas, Polk, Sarasota or Seminole Counties, a copy of the Notice of Termination shall also be sent to the operator of that system. Included within these counties, the Florida Department of Transportation (FDOT), incorporated municipalities, and chapter 298 Special Districts also shall be notified where they own or operate a municipal separate storm sewer system receiving stormwater discharges associated with construction activity covered by this permit. DEP Document No. 62- 621.300(4)(a) Effective October 22, 2000 14 g T"I NOTICE OF INTENT TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM CONSTRUCTION ACTIVITIES THAT DISTURB FIVE OR MORE ACRES OF LAND (RULE 62- 621.300(4), F.A.C.) This form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land provided in Rule 62- 621.300(4), F.A.C. The type of project or activity that qualifies for use of this generic permit, the conditions of the permit, and additional requirements to request coverage are specified in DEP Document 62- 621.300(4)(a). Note that additional requirements for requesting coverage include submittal of the applicable generic permit fee pursuant to Rule 62- 4.050, F.A.C. You should familiarize yourself with the generic permit and the attached instructions before completing this form. Please print or type information in the appropriate areas below. I. IDENTIFICATION NUMBER: Project ID II. APPLICANT INFORMATION: A. Operator Name: B. Address: C. City: D. State: E. Zip Code: F. Operator Status: G. Responsible Authority: H. Phone No.: III. PROJECT /SITE LOCATION INFORMATION: A. Project Name: B. Project Address/Location: C. City: D. State: E. Zip Code: F. County: G. Latitude: 0 " Longitude: 0 " H. Is the site located on Indian lands? ❑ Yes ❑ No I. Water Management District: J. Project Contact: K. Phone No.: Page 1 of 5 DEP Form 62- 621.300(4)(b) Effective October 22, 2000 IV. PROJECT /SITE ACTIVITY INFORMATION: V. DISCHARGE INFORMATION A. MS4 Operator Name: B. Receiving Water Name: VI. CERTIFICATION': I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature: Signatory requirements are contained in Rule 62- 620.305, F.A.C. Page 2 of 5 DEP Form 62- 621.300(4)(b) Effective October 22, 2000 Date Signed: 16 B 7 INSTRUCTIONS — DEP FORM 62- 621.300(4)(b) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM CONSTRUCTION ACTIVITIES THAT DISTRUB FIVE OR MORE ACRES OF LAND Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits point source discharges of stormwater associated with industrial activity, including certain construction activities pursuant to 40 CFR 122.26(b)(14)(x), to waters of the United States without a National Pollutant Discharge Elimination System (NPDES) permit. Under the State of Florida's delegated authority to administer the NPDES program, operators that have stormwater discharge associated with industrial activity to surface waters of the State must file for and obtain either coverage under an appropriate generic permit contained in Chapter 62 -621, Florida Administrative Code (F.A.C.), or an individual permit issued pursuant to Chapter 62 -620, F.A.C. Where to File NOI: NOIs for coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Part I — Identification Number Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number has not yet been assigned to this project, leave this item blank. Part II — Applicant Information Item A.: Provide the legal name of the person, firm, public organization, or any other entity that owns or operates the project/site described in this application. The operator is the legal entity which controls the project. The name of the operator may or may not be the same as the name of the project. Items B. — E.: Provide the complete mailing address of the operator, including city, state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); O = Other Items G. — H.: Provide the name and telephone number (including area code) of the person authorized to submit this application on behalf of the operator, and that meets either of the following criteria: (1) they have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (2) they have the day -to -day operational control of those activities at the project necessary to ensure compliance with Stormwater Pollution Prevention Plan (SWPPP) requirements or other permit conditions. This should be the same person as indicated in the certification in Part VI. Page 3 of 5 DEP Form 62- 621.300(4)(b) Effective October 22, 2000 Part III — Project/Site Location Information 16B7, Items A. — E.: Enter the official or legal name and complete street address, including city, state, and zip code of the project site. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project site is located. Item G.: Enter the latitude and longitude of the approximate center of the project site. Item H.: Indicate whether the project site is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project site is located within: NWFWMD= Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SJRWMD = St. John's River Water Management District Items J. — K.: Give the name, title, and telephone number (including area code) of the person who is thoroughly familiar with the project, with the facts reported in this application, and who can be contacted by the Department if necessary. Part IV — Project/Site Activity Information: Item A.: Provide the permit number of the environmental resource permit (ERP) or stormwater discharge permit under Chapter 62 -25, F.A.C., issued for this project by DEP, the Water Management District, or approved local program. Note that if the project has not been issued an ERP or stormwater discharge permit under Chapter 62 -25, F.A.C., a copy _ of the SWPPP must be submitted along with this NOI at least 30 days before commencement of construction. Also list any other existing state, federal, or local environmental permit(s) issued for this project, including any EPA - issued NPDES permit. _. Item B.: Indicate whether the SWPPP has been prepared for this project. Note that to be eligible for coverage, the SWPPP must have been prepared. Item C.: Indicate whether a copy of the SWPPP is being submitted with this NOI. See note in Item A above. Otherwise, do not submit a copy of the SWPPP with this NOI. Items D. — H.: Indicate the location where the SWPPP can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts II or III of the NOI. Item I.: Enter the estimated construction start and completion dates in the MM/DD/YY format. Item J.: Enter the estimated area to be disturbed, including but not limited to, grubbing, excavation, grading, and utilities and infrastructure installation. Indicate area in acres, to the nearest acre. Page 4 of 5 DEP Form 62- 621.300(4)(b) Effective October 22, 2000 ,b67.�1 Part V — Discharge Information Item A.: If stormwater discharges to a municipal separate storm sewer system (MS4), enter the name of the operator of the MS4 (e.g., municipality name, county name). (See Chapter 62 -624, F.A.C., for the definition of an MS4.) Item B.: If stormwater discharges via an MS4, enter the name of the receiving water body of the discharge from the MS4. If the site discharges stormwater directly to surface waters of the State, enter the name of the receiving water body to which stormwater is discharged from the project site. Part VI — Certification Type or print the name and official title of the person signing the certification. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or any reports or records required by a permit. There are both civil and criminal penalties, in addition to the revocation of permit coverage for submitting false information. Rule 62- 620.305, F.A.C., requires that the application (NOI) and any reports required by the permit to be signed as follows: A. For a corporation, by a responsible corporate officer as described in Rule 62- 620.305, F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official. Page 5 of 5 DEP Form 62- 621.300(4)(b) Effective October 22, 2000 1667 �p�pROlELi10 NOTICE OF TERMINATION U OF GENERIC PERMIT COVERAGE R A (RULE 62- 621.300(6), F.A.C.) 0 FLO This form is to be completed and submitted to the Department to terminate coverage under the Generic Permit for Stormwater m Discharge From Construction Activities that Disturb Five or More Acres of Land provided in Rule 62- 621.300(4), F.A.C., and the Multi- Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62- 621.300(5), F.A.C. Instructions for completing this form are attached. Please print or type information in the appropriate areas below. I. PERMIT INFORMATION: A. Generic Permit Coverage Number (Facility/Project ID): ❑ Check here if you are no longer the El Check here if the stormwater discharge is operator of the facility/project. being terminated. tt ilTT1�,TTmmT. 1T. T7►TT1I10A4 A rPlf"N. A. Operator Name: B. Address: C. City: D. State: E. Zip Code: F. Responsible Authority: G. Phone No.: III. FACILITY/PROJECT INFORMATION: A. Name: B. Address/Location: C. City: D. State: E. Zip Code: F. County: G. Latitude: Longitude: " IV. CERTIFICATION': I certify under penalty of law that all stormwater discharges associated with industrial activity from the identified facility or activity that are authorized by the referenced State of Florida generic permit have been eliminated or that I am no longer the operator of the facility or activity. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge stormwater associated with industrial activity under this generic permit, and that discharging pollutants in stormwater associated with industrial activity to surface waters of the State is unlawful unless authorized by a permit issued pursuant to 403.0885, F.S. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit. Signature: Signatory requirements are contained in Rule 62- 620.305, F.A.C. Page 1 of 3 DEP Form 62- 621.300(6) Effective October 22, 2000 Date Signed: — DEP FORM 62- 621.300 6 16B7 1 INSTRUCTIONS O ( ) NOTICE OF TERMINATION (NOT) OF GENERIC PERMIT COVERAGE Who May File an NOT: Permittees who are presently covered under the Generic Permit for Stormwater Discharge From Construction Activities that Disturb Five or More Acres of Land provided in Rule 62- 621.300(4), F.A.C., the Multi- Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity provided in Rule 62- 621.300(5), F.A.C., or an EPA - issued National Pollutant Discharge Elimination System ( NPDES) general permit for stormwater discharges associated with industrial activity may submit a Notice of Termination (NOT) when their facility or activity no longer has any stormwater discharges associated with industrial activity as defined at 40 CFR 122.26(b)(14), or when they are no longer the operator of the facility or activity. For construction activities, elimination of all stormwater discharges associated with industrial activity occurs when disturbed soils at the construction site have been finally stabilized and temporary erosion and sediment control measures have been removed or will be removed at an appropriate time, or that all stormwater discharges associated with industrial activity from the construction site that are authorized under the generic permit have otherwise been eliminated. Final stabilization means that all soil- disturbing activities at the site have been completed and that a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. Where to File NOT: NOTs for termination of coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Part I — Permit Information Item A.: Enter the generic permit coverage number (DEP Facility/Project ID number) for the facility /project. Item B.: Indicate the reason for termination of permit coverage. Part II — Permittee Information Item A.: Provide the legal name of the entity (operator) to which permit coverage was granted. Items B. — E.: Provide the complete mailing address of the operator, including city, state, and zip code. Items F. — G.: Provide the name and telephone number (including area code) of the person authorized to submit this application on behalf of the operator. This should be the same person as indicated in the certification in Part IV. Part III — Facility/Project Information Items A. — E.: Enter the official or legal name and complete street address, including city, state, and zip code of the facility /project site. Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the facility /project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the facility /project site is located. Item G.: Enter the latitude and longitude of the approximate center of the facility /project site. Page 2 of 3 DEP Form 62- 621.300(6) Effective October 22, 2000 -- Part IV — Certification 16 u 7 Type or print the name and official title of the person signing the certification. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOT) or any reports or records required by a permit. There are both civil and criminal penalties for submitting false information. Rule 62- 620.305, F.A.C., requires that the application (NOT) be signed as follows: A. For a corporation, by a responsible corporate officer as described in Rule 62- 620.305, F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official. Page 3 of 3 DEP Form 62- 621.300(6) Effective October 22, 2000 E 0 a 0 .n U U Co. a W z ►, z a O U zF WWZ W z�Fa� zWOa W z z a C oF�z•� Fzwo,. Q w a F •� ,4 z�z� F Z 7, O�y,v� �►�dUj Q E O U zo �OF 04 u Y� '�Oy o V U �E W H A R e zz O a y O � U a o a V] c A R Z �Oy o � •� •� ou.0 .L a m V L E R N C O G. O O c�.� d °�' a a v o RI b 0 .b b ° � �.� T.n' oA'b7•pxa so � � U v b N� g O q Rq p 'w A E p y z o U « a q aqi a� $ 'n q �° � •n oq � cacl7 c '+T = •a d � ap C � a T � ro 0 o E m o A A L 0 0 0 U Q u u v L L 0 J = o ° o UV c 67 L L O CQ q 0 O R CE A� R a .� AA 6J a ° L W L C) C) c ►� U C O w O ca F w S o L o C. L o cc co U. A W A O U z •o b ,� ,•. �zzb y•a y L y U z z a N zoo O •o a �US N i o U qA o •n � n U A c o o•� E p E W F"R�?? �b 3UCCb p O y R tdd h�� �� A UO a E E� o •n � 8 a Ada ° U W a:ri cn LnUv> >FxV W CAG .aoo c Nm -,tvn or-ooc,c N N N N N N N N N N m N o a Fa�.y fFrr E � X d C1 LL ° p 7 O O v aQ •� 00 h � � •y Cn .G by � y c c C 10 G •� ' i, is .. o U CID >' ..+ T U d z y •gyp Al R N d E Ewe yu, Td fi E �, �a oj wcC�xRwoC�'a "A.4 �.i ^-� N M V r N o6 O, C N m^ wi o 4 c A R Z �Oy o � •� •� ou.0 .L a m V E R N C O G. O O c�.� d °�' a a v o b 0 .b b ° � �.� T.n' oA'b7•pxa so � � U v b N� g O q Rq p 'w A E p y z o U « a q aqi a� $ 'n q �° � •n oq � cacl7 c '+T = •a d � ap C � T � ro 0 o E m o A A EXHIBIT L 16 B 7 PLANS AND SPECIFICATIONS PREPARED BY Hole Montes, Inc. AND IDENTIFIED AS FOLLOWS: Lakeland Avenue Bridge and Roadway Construction AS SHOWN ON SHEETS 1 THROUGH TR- CA -L -1 3/5/2003 9:09 AM Revised: April 29, 2003 - Signature Block ice'. 3/5/2003 9:09 AM 16C- MEMORANDUM Date: May 14, 2003 To: Alicia Abbott, Project Manager Public Utilities From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Local Government Guarantee -FDEP Please find enclosed the original document as referenced above, approved by the Board of County Commissioners on Tuesday, May 13, 2003 (Agenda Item #16C2). If you should have any questions, please call me at: 774 -8406. Thank you. Enclosure ATTACHMENT A 16C2 Page 1 of 6 Local Government Guarantee A unit of local government of the State of Florida may demonstrate financial responsibility as required in Rule 62- 528.435(9), F.A.C., by submitting all of the following information: The local government must submit a letter from its attorney attesting to the permittee meeting the definition of a local government as defined in Chapter 218, Florida Statutes (F.S.). The attorney must also attest to the local government's coverage under Chapter 218, Part V, F.S., Financial Emergencies. A copy of Chapter 218, Part V, F.S., is provided with this attachment. If the permittee is unable to obtain a letter from its attorney regarding its status as a local government, an alternate demonstration of financial responsibility must be submitted to the FDEP. The alternatives suggested by the FDEP are: a. Surety Bond b. Letter of Credit c. Trust Fund d. Financial Test 2. The local government must submit a Certification of Financial Responsibility which certifies unconditionally the obligation of the local government to perform plugging and abandonment of its injection system(s) pursuant to Chapter 62 -528, F.A.C. The certification form provides information on the location of the injection system(s) guaranteed by the local government with the related cost estimates for plugging and abandonment. The certification allows for a cost increase of 10 percent without submission of an updated certification form. Cancellation of the agreement may not take place without the written consent of the FDEP Secretary. ' The person signing the Certification on behalf of the local government must be an individual authorized to bind the local government to such an agreement. The signing of this agreement must be notarized to complete the processing of the "Certification of Financial Responsibility" form. The wording of the certification form is provided with this attachment. 3. A copy of the financial statements for the latest completed fiscal year must accompany items 1 and 2 above to complete the financial package for review by the FDEP. If the Department finds through its review of the financial statements that the financial strength of the unit of local government is questionable, the Department may notify the permittee of its intentions to deny the financial package as submitted. The permittee would then be required to submit an alternate financial demonstration to meet the requirements of Rule 62- 528.435(9), F.A.C. ATTACHMENT A Page 2 of 6 1602 CERTIFICATION OF FINANCIAL RESPONSIBILITY Collier County, a unit of local government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and abandon its Class I underground injection well(s) and related monitoring wells, as required by Chapter 62 -528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on October 10, 2002, shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding ten (10) percent in any single year shall require submission of an updated certification form from Collier County. The Injection Well Covered By This Agreement is described as well number IW -2 Facility Name: South County Water Reclamation Facility Facility Address: 5600 Warren Street, Naples, Florida 34113 Facility Contact: Jon Pratt (Superintendent) Phone Number: (941) 774 -6886 Latitude/Longitude of Injection Well: 26'05' 42" North 810 43' 26" West DEP/EPA Identification Number: FLA014135 Current Plugging and Abandonment Cost Estimate: $407,844 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. ATTEST:..... Dwight E. Brock, Clerk B 31 t*e.( 1 J* STATE OF FLORIDA ) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS, COLLIER CO TY, RIDA By: Top Henning, airman Acknowledged before me this day of M_, 2003, by Tom Henning, known to me to be the Chairman of the Board of County Commissioners of Collier County, Florida. By: '7LLAn -� Notary Public "3'Y CAROLYN SUE FIISON :t ;. MY COMMISSION # CC 898299 '- X. EXPIRES: AP6128 2004 Notary Public . Undarwnters Approved as to form and le al sufficiency: Bonded Thru By:„�._ — :�&n - �� Tom almer, Assistant County Attorney ATTACHMENT A Page 3 of 6 Plugging and abandonment plan/cost determination - In order to demonstrate financial responsibility a permittee or applicant must submit a detailed plugging and abandonment (P &A) plan to the Department for approval. The P &A plan should contain the following information: 1. A step -by -step plugging plan indicating where cement and other fillers (if any) will be placed. 2. A drawing showing the well construction and proposed placement of plugging materials. Appropriate depths should be indicated on this drawing. 3. Calculations showing the derivation of the volume of cement and other fillers (if any) needed to plug the well according to the plan prepared in Items 1 and 2 above. Separate calculations should be made for each well. 4. Calculations showing the derivation of the total cost for plugging each well. Costs should be itemized for each well (i.e. cement cost, mobilization cost, etc.). Financial responsibility must be demonstrated for the sum of the total costs for all injection and associated monitor wells at a facility. Timiniz of demonstrations - Department rules require that financial responsibility be demonstrated at the time of permitting and maintained. A demonstration of financial responsibility will be required for each construction and operation permit application. Also, at any time during a permit cycle, if updated plugging and abandonment costs exceed the initial financial certification amount by ten percent or more, then a redemonstration shall be submitted to the Department. Updated plugging and abandonment cost estimates should be provided to the Department at the midpoint of the permit cycle. Permittees which utilize a UIC Financial Test shall redemonstrate annually, and forward the latest annual report or financial statement. J Financial responsibility is required for Class I injection wells, and any monitor well which penetrates to a depth below the underground source of drinking water. Summary - Department UIC rules require that a permittee for a Class I injection well demonstrate and maintain financial responsibility. To do this, the applicant or permittee must first develop a plugging and abandonment plan and determine the cost associated with implementing this plan should it become necessary. These costs should be updated during the midpoint of the permit cycle and if the cost is ten percent or more above the amount of the previous financial responsibility demonstration is based, then a redemonstration must be made to the Department. Once the costs have been determined, several methods are available to demonstrate financial responsibility. Each method is described in the Department's guidelines for demonstrating financial responsibility. CHAPTER 218 ATTACHMENT A � � Page 4 of 6 FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS PART V FINANCIAL EMERGENCIES 218.50 Short title. -- Sections 218.50- 218.504 shall be known as the "Local Government Financial Emergencies Act." History. - -s. 8, Ch. 79 -183. 218.501 Purposes.- -The purposes of ss. 218.50 - 218.504 are: (1) To preserve and protect the fiscal solvency of local governmental entities. (2) To assist local governmental entities in providing essential services without interruption and in meeting their financial obligations. (3) To assist local governmental entities through the improvement of local financial management procedures. History. - -s. 8, Ch. 79 -183; s. 25, Ch. 96 -324. 218.502 Definition. - -As used in ss. 218.50 - 218.504, the term "local governmental entity" means a county, municipality, or special district. History. - -s. 8, Ch. 79 -183; s. 26, Ch. 96 -324. 218.503 Determination of financial emergency.- - (1) A local governmental entity is in a state of financial emergency when any of the following conditions occurs: (a) Failure within the same fiscal year in which due to pay short-term loans from banks or failure to make bond debt service payments when due. (b) Failure to transfer at the appropriate time, due to lack of funds: 1. Taxes withheld on the income of employees; or 2. Employer and employee contributions for: a. Federal social security; or b. Any pension, retirement, or benefit plan of an employee. (c) Failure for one pay period to pay, due to lack of funds: 1. Wages and salaries owed to employees; or 2. Retirement benefits owed to former employees. (d) An unreserved or total fund balance or retained earnings deficit for which sufficient resources of the local governmental entity are not available to cover the deficit for 2 successive years. (e) Noncompliance of the local government retirement system with actuarial conditions provided by law. (2) A local governmental entity shall notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity. In addition, any state agency must, within 30 days after the identification of the financial ATTACHMENT A Page 5 of 6 16C2 emergency, notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist a local governmental entity. (3) Upon notification that one or more of the conditions in subsection (1) exist, the Governor or his or her designee shall contact the local governmental entity to determine what actions have been taken by the local governmental entity to resolve the financial emergency. The Governor has the authority to implement measures as set forth in ss. 218.50- 218.504 to resolve the financial emergency. Such measures may include, but are not limited to: (a) Requiring approval of the local governmental entity's budget by the Governor. (b) Authorizing a state loan to the local governmental entity and providing for repayment of same. (c) Prohibiting a local governmental entity from issuing bonds, notes, certificates of indebtedness, or any other form of debt until such time as it is no longer subject to this section. (d) Making such inspections and reviews of records, information, reports, and assets of the local governmental entity, in which inspections and reviews the appropriate local officials shall cooperate. (e) Consulting with the officials of the local governmental entity and the appropriate state agency regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports into compliance with state requirements. (f) Providing technical assistance to the local governmental entity. (g) 1. Establishing a financial emergencies board to oversee the activities of the local governmental entity. The board, if established, shall be appointed by the Governor. The Governor shall select a chair and such other officers as are necessary. The board shall adopt such rules as are necessary for conducting board business. The board may: a. Make such reviews of records, reports, and assets of the local governmental entity as are needed. , b. Consult with the officials of the local governmental entity and appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports of the local governmental entity into compliance with state requirements. c. Review the operations, management, efficiency, productivity, and financing of - functions and operations of the local governmental entity. 2. The recommendations and reports made by the board must be submitted to the Governor for appropriate action. (h) Requiring and approving a plan, to be prepared by the appropriate state agency in conjunction with the local governmental entity, prescribing actions that will cause the local governmental entity to no longer be subject to this section. The plan must include, but need not be limited to: ATTACHMENT A Page 6 of 6 16C2 1. Provision for payment in full of all payments due or to come due on debt obligations, pension payments, and all payments and charges imposed or mandated by federal or state law and for all judgments and past due accounts, as priority items of expenditures. 2. Establishment of a basis of priority budgeting or zero -based budgeting, so as to eliminate low- priority items that are not affordable. 3. The prohibition of a level of operations which can be sustained only with nonrecurring revenues. (4) During the financial emergency period, the local governmental entity may not seek application of laws under the bankruptcy provisions of the United States Constitution except with the prior approval of the Governor. History. - -s. 8, ch. 79 -183; s. 54, ch. 89 -169; s. 1180, ch. 95 -147; s. 27, ch. 96 -324; s. 29, ch. 97- 96. 218.504 Cessation of state action. - -The Governor has the authority to terminate all state actions pursuant to ss. 218.50- 218.504. Cessation of state action must not occur until the Governor has determined that: (1) The local governmental entity: (a) Has established and is operating an effective financial accounting and reporting system. (b) Has corrected or eliminated the fiscal emergency conditions outlined in s. 218.503. (2) No new fiscal emergency conditions exist. History. - -s. 8, ch. 79 -183; s. 28, ch. 96 -324. RESOLUTION NO.2003- 171 16132 A RESOLUTION APPOINTING OFFICERS TO THE COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. BOARD OF DIRECTORS FOR 2003 THROUGH 2004. WHEREAS, on July 20, 1976 both the Charter and Articles of Incorporation of the Collier County Agricultural Fair and Exposition,Inc.("the Corporation")were filed with the Secretary of State;and WHEREAS,both the Charter and Articles of Incorporation of the Collier County Agricultural Fair and Exposition, Inc. provide that the officers of the Board of Directors, with the exception of the immediate Past President, shall be appointed annually by the Collier County Board of County Commissioners("BCC");and WHEREAS,the BCC,on March 15, 1988,adopted Resolution No.88-52 that set forth a procedure for the Corporation to make recommendations to the BCC for appointments of officers to the Board of Directors;and WHEREAS, in accordance with Resolution No. 88-52,the nominating committee has submitted its list of recommended nominees to the Board of Directors. WHEREAS, in accordance with Resolution No. 88-52, the list of recommended nominees to the Board of Directors, as referenced below,was approved by a majority vote of those present and voting at the March 2003 Board of Directors meeting;and WHEREAS, in accordance with Resolution No. 88-52, the BCC may consider the list of nominees and take action. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that the following individuals are hereby appointed as the 2003- 2004 officers for the Collier County Agricultural Fair and Exposition,Inc.Board of Directors: Raymond Holland President Don Jolly Vice-President Jennifer Ward Secretary John Yonkosky Treasurer Dan Rapacz Education Jim Mansberger Security Duane Wheeler Civic Holly Chernoff Attorney Mark Creel Agriculture PASSED AND DULY ADOPTED by the County Commissioners of Collier County, Florida, this /I day of ( ,2003,after motion,second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA BY: BY: D GHT E.I38 ,Clerk TOM HENNING,Chairman At 441 to 054.5111181 sI pate*.al Approved as to form and legal sufficiency: • /' Jeri; er A.Bel - Assistant County ey LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE SARASOTA SKI-A -BEES ASSOCIATION AND SOUTHERN EXTREME WATER SKI SHOW TEAM This is entered into this 43 day of , 2003, by and between the Board of County Commissioners, Collier County, F da, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board ", and the Sarasota Ski -a -Rees and Southern Extreme Water Ski Show Team, not - for - profit Florida corporations, hereinafter referred to as "Organization ". WHEREAS, the Organizations request the use of County -owned land for the purpose of holding activities for conducting a water ski tournament on June 20, 21, and 22nd 2003. WHEREAS, the Board is willing to approve the use of County -owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Board hereby approves the use of a portion of County -owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a water ski tournament hereinafter referred to as the "Event ". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from 12:01 AM, June 20 through 11:59 pm on June 22, 2003. 2. The Organization shall be responsible for all on and off -site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean -up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non - permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. 1 5. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on -site sales, promotion, or consumption of alcoholic beverages within the park boundaries. There shall be no on -site sales and promotion of any tobacco product within the park boundaries. 6. Organization agrees to: A. Provide on or before April 21", 2003 to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set -up, clean up, etc), an event map and parking plan will be included within the special events permit application package. B. Meet on the Property on or before May 16, 2003 with representatives from the Collier County Parks and Recreation Department, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department (if applicable) 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department. 4. Written confirmation for on -site Emergency Medical Services from the Collier County EMS Department, and 5. A copy of the organization's "Program Schedule ". (Include times) 6. Vendor List 7. Organization agrees to manage the Event as outlined within the Program Schedule prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Program Schedule after the meeting of May 16, 2003, referenced in paragraph six (6B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event of June 20, 21, 22, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator. 8. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of any one or more thereof, Organization shall pay all costs, attorneys" fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 9. The Organization accepts the property "as is ". The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other 2 L07il persons on the Property, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 10. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 11. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No /Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days in which to obtain such additional insurance. 12. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 13. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 14. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 15. The Rental Rate for the festival is $800 per day for a total of $2,400. No admission fee will be charged for this event. No sale of large commercial items will be allowed. i.e. boats, motors. 16. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 17. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. 16D2 AS TO THE ORGANIZATION: SARASOTA SKI- A -REES By: Witn (signature) oger Bennett, President (print name) S(signature) C? C , (print na ne) SOUTHERN EXTREME WATER I SHOW B y: i tness (signature) David Reinersten, President print name) Witness (signature) (print name) AS TO THE COUNTY: ATTEST:. r DWIGrk t BROCK Clerk of Courts By: De t' Nt4st &s 9t&41 wr's s 1PatwrS oil Approved as to form And legal sufficiency: Robert Zachary " Assistant Co my Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J - — - Ch rman mm Temporary Agreement I AJ V • (--- U tW / , as President of Gulf Coast Skimmers Water Ski Show, Inc. hereby agree to waive all liabilities stated in the Lease Agreement #798 dated January 7, 1997 between Collier County Board of County Commissioners and Gulf Coast Skimmers Water Ski Show Team, Inc., during the dates of June 20, 2003 through June 22, 2003. 1 acknowledge as of Friday, June 20, 2003, 12:01 a.m. until Sunday, June 22, 2003, 11:59 p.m., under the direction of Southern Regional Ski Show Association in cooperation with host, Southern Extreme Water Ski Show Team and co-host Sarasota Ski -a -Rees will be responsible for all liabilities, permit and rental fees, and/or damage to site and the demised premises, including docks, ski jumps, amphitheater, and will abide with all Collier County ordinances. By signing this agreement all signing parties understand that Collier County will not suspend, terminate or change the Lease Agreement # 798 between Collier County and Gulf Coast Skimmers Water Ski Show, Inc. dated January 7, 1997 in any way as of the current date or any dates in the future. Collier County will not request or require the Gulf Coast Skimmers Water Ski Show, Inc. to ceases its regular operations during the dates of June 20, 2003 through June 22, 2003. 1) Sarasota Ski -a -Rees and Southern Extreme Water Ski Team will not request or force the Gulf Coast Skimmers Water Ski Show, Inc. staff, members, children, family, volunteers, agents, Board of Directors, sponsors, or property including boats, slalom coarse, ski jumps, docks, storage containers, construction materials to be removed from Sugden Regional Park property or the demised premises as outlined in the Lease 4798 agreement date January 7, 1997during the dates stated above. 2) The Gulf Coast Skimmers Water Ski Show, Inc. and personal, kids, volunteers, sponsors, Board of Directors, children, agents, staff, and families will be able to participate in the tournament event. 3) Sarasota Ski -A -Rees Water Ski Show and the Southern Extreme Water Ski Show Team will provide a certificate of additional insured naming the Gulf Coast Skimmers Water Ski Show, Inc. for no less than One Million Dollars ($1,000,000) combined single limits during the tournament dates. The additional insurance certificate will be provided ten (10) days prior to the tournament. 4) The Gulf Coast Skimmers Water Ski Show, Inc. shall not be liable for any loss of property, including losses due to petty theft of any property occurring on the property or any part thereof. The Southern Extreme Water Ski Show Team and the Sarasota Ski -A -Rees Water Ski Show and Southern Regional Water Ski Association participants agree to hold the Gulf Coast Skimmers Water Ski Show, Inc. and or its directors and or members, sponsors, donors, Board of Directors and advertisers from any claims for damages. 5) Gulf Coast Skimmers will have the option to perform their Saturday evening 6:30 p.m. weekly water ski show during the dates mentioned above. 6) The Gulf Coast Skimmers Water Ski Show, Inc. and the Southern Extreme Water Ski Show Team will jointly organize all concession activities during the tournament. Proceeds from team registrations, t- shirt sales, and concessions will be split equally at the close of the tournament less all tournament expense. Twenty (20) days prior to the tournament a budget will be established by John V. Gursoy and David P. Reinertsen. The Gulf Coast Skimmers Water Ski Show, Inc. concession may be opened as an option and profits will be split equally. A hot food items concessions will be contracted to serve the event in which profits will be split equally between the Gulf Coast Skimmers Water Ski Show, Inc. and the Southern Extreme Water Ski Show Team. The undersigned parties understand the responsible parties for host; Southern Extreme Water Ski Show Team is President, David Reinertsen and the responsible parties for co -host; Sarasota Ski -a -Rees is President, Roger Bennett. The undersigned understand the ski site at Sugden Regional Park will be under the management of host and co -host teams and conduct their activities to be consistent with the Lease Agreement #798 dated January 7, 1997. Host and co -host ski teams will be responsible for all financial responsibilities and liabilities along with garbage pick up, additional portable restroom facilities during the Southern Region Ski Show Tournament during the above mentioned dates. BY: Jo V. Gursoy, President Gulf Coast Skimmers Water Ski Show Team, Inc. BY: t v v i P. Remertsen, President Southern Extreme Water Ski Show Team, Inc. BY: R g e ett, President Sar ota Ski -a -Rees Water Ski Show Team, Inc. Witn s (signature) Te Gnj �7 CLC- Witness (printed name) ' a Witness (si ature) Witness (printed name) Witness( ' atur�4i e) Cktf q l\ ae �v.) Witness (printed name) 16D5 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18, 2003 16D7" MEMORANDUM Date: May 14, 2003 To: John Dunnuck, Administrator Public services From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Marco Island Museum License Agreement Please find enclosed one duplicate original document as referenced above, Agenda Item #16D7, as approved by the Board of County Commissioners on Tuesday, May 13, 2003. The second original will be retained for the record after we receive Exhibit "A ", as referenced in the agreement. If you should have any questions, please contact me at 7240. Thank you. Enclosure MARCO ISLAND MUSEUM LICENSE AGREEMENT 1,607 THIS AGREEMENT entered into this( ay of 0A� 2003, between the MARCO ISLAND HISTORICAL SOCIETY INCORPORATED, ( "LICENSEE') whose mailing address is 168 Royal Palm Drive, Marco Island, Florida 34145, hereinafter referred to as "MIHS ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "COUNTY" or LICENSOR. THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises COUNTY agrees to license the real property described in Exhibit "A" attached hereto and made a part of this License, herein called the "Licensed Premises ", situated in Collier COUNTY, Florida, for the following purpose (s): ARTICLE 2. Term of License MIHS is hereby licensed for a term of five (5) years commencing on April 1, 2003 and ending April 1, 2008, to use the Licensed Premises only to raise funds and to install non - permanent signs to said property because MIHS plans to raise funds through receipt of donations to fund future construction of a museum on the Licensed Premises. MIHS is hereby granted one option, provided it is not then in default of any of the provisions of this Agreement, to renew this License for one additional term of two (2) years, under the same terms and conditions as provided herein, by delivering written notice of MIHS' unconditional intention to do so to the COUNTY not less than thirty (30) days prior to the expiration of the License hereby created. Said notice shall be effective upon actual receipt by the COUNTY. The COUNTY stipulates that if it appears that the MIHS will be successful in its fundraising efforts as described in ARTICLE 5, the COUNTY will reserve the Premises for the construction of the museum without right to terminate this license. This is a license with no interest coupled hereto. The Board of COUNTY Commissioners reserves the right to terminate this License, with or without cause, upon one hundred eighty (180) days prior written notice actually delivered to MIHS at the mailing address set forth in ARTICLE 7 unless by such time it appears that the MIHS will successfully raise sufficient funds to construct the museum. Said notice shall be effective upon actual receipt by MIHS. ARTICLE 3. COUNTY/MIHS Relationships In recognition that both parties will have made significant contributions, (i.e. the COUNTY will have contributed the land and the MIHS will have contributed the museum building, parking and landscaping) the following relationships and responsibilities are agreed to by both parties. A. Fundraising: 1. The MIHS will design and develop the overall museum concept and site plan with the COUNTY providing general oversight including consistency with known future library expansion; and 2. The MIHS will engage in the fund raising efforts in accordance with the provisions of this agreement and will be responsible for the collection and disbursement of all funds raised; and B. Design and construction of the museum: 1. The MIHS and the COUNTY will conduct the majority of their business through one (1) representative appointed by the County Manager and one (1) representative appointed by the MIHS, both of whom will be empowered to make all but the most significant decisions; and 2. The MIHS will develop the design and construction plans with oversight by the COUNTY representative and final approval by the COUNTY; and 3. The MIHS and the COUNTY representative will maintain a continuing interface during the construction of the museum and its site; and 4. The MIHS will collaborate with the COUNTY representative and obtain COUNTY approval for any changes or modification to the approved plans; and 1 16 D 7'` 5. The MIHS agrees to permit the COUNTY to have access to the fundraising and construction account records of the MIHS; and 6. The MIHS will construct the museum and site with the COUNTY assisting by facilitating the implementation of CITY requirements and providing technical guidance to the MIHS. C. Maintenance of the museum: 1. The MIHS agrees to grant the COUNTY clear title to the museum building; and 2. The COUNTY and the MIHS agree to establish a joint Board of four members, two appointed by the County and Two by the MIHS, which will plan, develop, implement, and maintain the policies, goals and objectives of the museum; and 3. The MIHS, with approval from the County Board, will have the right of naming the building or any of the interior rooms to allow the MIHS to fulfill its commitments to large donors; and 4. A block of approximately forty hours per month will be reserved for the MIHS as agreed upon by the joint Board (such reserved use is contemplated to be for the exclusive use by MIHS or reserved to MIHS for the benefit of (or assignment to) others as determined from time -to -time by MIHS); and 5. The MIHS will staff the museum store with occasional staffing support from the COUNTY; and 6. Profits from the museum store will be retained by the MIHS but will be used primarily for funding museum programs, activities, and equipment; and 7. Both parties will participate in the promotion and marketing of the museum; and ARTICLE 4. Commitment by the MIHS A. During the fundraising phase, the MIHS agrees that: I. The COUNTY Representative or designee shall be have oversight of all conceptual and site and architectural plans relating to the proposed museum and related facilities, if any; and 2. A conceptual plan and implementation strategy for constructing the museum will be completed by the first anniversary date of this License; and 3. The MIHS shall deliver to the Public Services Administrator an annual written update to the Division Administrator of fundraising activities and progress development prior to April 1st of each year; and 4. MIHS shall strictly comply with and any all laws and regulations applicable to fund raising activities and COUNTY will not be responsible in any way for any fundraising activities or reimbursements; and 5. At the end of year five (5) of the fund raising activity, MIHS shall provide a written update to the Board of COUNTY Commissioners: and 6. As fundraising nears completion, the MIHS shall solicit and select an architect, project manager, and contractor and, with the oversight of the County, shall design and construct the museum building and the site. B. Upon successful completion of the fund raising phase, the MIHS agrees that: 1. COUNTY Representative or designee shall have final approval of all proposed improvements to Licensed premises by or on behalf of MIHS; and 2. Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations: and 3. The final design and construction concepts will have considered needs of the Marco Island community; and 4. The MIHS will construct the museum building and adjacent parking and will landscape the sight in conformance to the needs of the community and the Code; and C. Upon completion of construction of the museum building, the MIHS shall: 1. Grant the COUNTY clear title to the museum building; and 2 MEN 2. Appoint the appropriate number of its personnel to the joint board; and 3. With approval from the County Board, name the building or specific rooms in accordance with donor privileges; and 4. Establish a pool of volunteers to aid the COUNTY in the operation of the museum and the implementation of its programs; and 5. Grant the COUNTY the rights to display and use for other purposes the artifacts owned by the MIHS through established agreements as long as the museum remains in operation; and 6. Operate and maintain a museum store with occasional staffing support from the COUNTY; and 7. Commit the profits from the store operations to funding museum programs, activities, and equipment; and 8. Use its influence with the Smithsonian and other museums to acquire short term, long term, and permanent loans of artifacts and other items of interest to the COUNTY to display in the museum; and 9. Provide programs and other activities for the information and education of the public; and 10. Assist in the promotion and marketing of the museum; and 11. Pledge that any building funds remaining, after the building has been transferred to the COUNTY and all bills owed by the MIHS have been paid, will be applied to the construction of displays agreed upon by the joint board. ARTICLE 5. Commitment by COUNTY COUNTY shall have no obligations whatsoever except to the extent expressly specified herein. The COUNTY stipulates that the MIHS fundraising effort shall be deemed to be "successful" if and when the MIHS raises sufficient funds to construct a minimum 2000 square foot museum which meets the Smithsonian standards for museums and which funds are sufficient to include parking that meets COUNTY regulations and landscaping that satisfies the requirements of the community. "Raises" is limited to money actually deposited into the appropriate MIHS account and firmly committed for expenditure to construct the museum and parking. A. Upon successful fund raising by the MIHS, the COUNTY, prior to start of construction, shall: 1. Assign a primary point of contact to the MIHS with the authority to make most major decision on behalf of the COUNTY; and 2. Establish the COUNTY'S earliest start date for the MIHS to be able to start construction; and 3. Provide guidance to the MIHS for the design and construction of the museum to include, but not limited to, contract award, COUNTY, City, and State building codes and regulations, Smithsonian standards for museums, museum theme and content, and contract oversight; and 4. In cooperation with the MIHS initiate efforts to design and develop display galleries; and 5. Review and evaluate MIHS design and construction plans, recommending changes as appropriate; and 6. Upon approval of design and construction plans, provide MIHS with written authority to proceed with the construction; and 7. Determine the COUNTY staffing and budget requirements to construct displays and operate and maintain the museum and present the budget requirements to the TDC and the BOARD OF COMMISSIONERS. B. Upon completion of construction of the museum building, the COUNTY shall: 1. Accept ownership of the museum building; and 2. Appoint two members to the four member joint board, and 3. Construct the museum displays using COUNTY funds; and 3 1607 4. With the assistance of the MIHS, obtain the artifacts from the Pepper- Hearst Expedition for short term, long term and permanent display at the museum; and 5. Provide full time staffing and funds for the continuing administration, operation and maintenance of the museum as the budget allows; and 6. Provide continuing construction and maintenance of galleries in concurrence with the MIHS; and 7. Staff the museum store in the absence of MIHS personnel when able; and 8. Schedule meeting and conference facilities for all organizations in keeping with the reserved time scheduled for the MIHS and others as determined by the joint board; and 9. In cooperation with the MIHS, plan and conduct programs and activities for the education and information of the public; and 10. Promote and market the museum; and 11. If funds raised permit, provide for the moving and integration of the Craighead Laboratory functions and equipment into the museum at Marco Island. ARTICLE 6. Indemnity LICENSEE accepts the Licensed Premises "as is." COUNTY does warrant that the Licensed Premises are suitable for any purposes. The COUNTY shall not be liable for any injury to any person(s) or to any property caused by the elements or by other persons at the Licensed Premises, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi - public works, or otherwise. The COUNTY shall not be liable for any damages to or loss, including loss due to theft, of any property, occurring on the Licensed Premises or any part thereof, and MIHS shall hold COUNTY harmless, from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the COUNTY or its employees. LICENSEE shall be responsible for the physical condition of the Licensed Premises and shall promptly notify the Public Services Administrator is any condition should arise or occur to the Licensed Premises that could result in property damage or physical injury to any individual(s) who may be present on the Licensed Premises during the term of this License. ARTICLE 7. Default by MIHS Failure of MIHS to remedy any non - compliance of this Agreement within sixty (60) days from receipt of COUNTY'S written notice stating the non - compliance shall constitute a default, whereby may, at its absolute discretion, terminate this License by giving MIHS thirty (30) days written notice unless the default is fully cured within that sixty (60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by MIHS, and this License may be immediately terminated by COUNTY except to the extent then prohibited by law: (a) Falsification of MIHS or an agent of MIHS any report required to be furnished to COUNTY pursuant to the terms of this Lease. (b) Filing of insolvency, reorganization, plan or arrangement of bankruptcy In the event of the occurrence of any of the foregoing defaults in this ARTICLE 5, COUNTY, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all signs from the Licensed Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of MIHS, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. ARTICLE 8. Notices Any notice which COUNTY or MIHS may be required to give to the other party shall be in writing to the other party at the following addresses: 4 COUNTY: MARCO ISLAND HISTORICAL SOCIETY: Board of COUNTY Commissioners Marco Island Historical Society Incorporated c/o Real Property Management Dept. c/o Kris Helland, President 3301 Tamiami Trail. East 168 Royal Palm Drive Administration Building Marco Island, Florida 34145 Naples, Florida 34112 cc: Office of the COUNTY Attorney (Client Department) ARTICLE 9. Surrender of Premises; Future Lease of the Licensed Premises to MIHS MIHS shall remove all signs installed by or on behalf of MIHS immediately upon expiration of this License and shall deliver up and surrender to COUNTY possession of the Licensed Premises. ARTICLE 10. General Provisions MIHS expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Licensed Premises which, would interfere with or adversely affect the operation or maintenance of COUNTY'S operations where any such operations share common facilities or otherwise. Rights not specifically granted the MIHS by this License are hereby reserved to the COUNTY. ARTICLE 11. Effective Date This License shall become effective upon execution by both COUNTY and MIHS. ARTICLE 12. Governing Law This L icense s hall b e g ovemed b y, a nd construed i n a ccordance w ith, t he 1 aws o f t he S tate o f Florida. DATED: o LICENSOR: ATTEST: DWIGHT E. - BROCK, Clerk, BY -: Deputy Cl slgnatiare only. BOARD OF C TY MMISSIONERS COLLIER TY RIDA BY: Tom Henning, Chairman LICENSEE: Marco Island Historical Society, Incorporated D M BY: 5;- �9'rl FIRST WITNESS (signature) Elizab Perdichizzi, President TeL I L., im tj c- L (print /type name) ` ,(,) x-')"'�000':,; S COND WITNESS (signature) 17-Z I (print/type name) Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney EXHIBIT A That property described as Section 16, Township 52, Range 26, Marco Beach Unit 7, Tract D. MEMORANDUM Date: May 14, 2003 To: Marla Ramsey, Director Parks and Recreation Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Agreement between Collier County Board of County Commissioners and Tradewinds Foundation Enclosed for your use please find one fully executed original Agreement for accessible boating between BCC and Tradewinds Foundation, approved by the Board of County Commissioners on May 13, 2003 (Agenda Item #16D8) . If you should have any questions, please feel free to contact me at (8406) . Thank you. Enclosures AGREEMENT 1608 THIS AGREEMENT is made and entered into this 19 day of , 2003, by the COLLIER COUNTY BOARD OF COUNTY COMMISS ONE , a political subdivision of the State of Florida (County) and the TRADEWINDS IFOUNDATION, INC., a New York nonprofit corporation (Foundation), to form a partnership for the provision of accessible boating activities to Collier County residents. WITNESS: WHEREAS the County owns properties and facilities appropriate for conducting recreational boating activities; and, WHEREAS the County has established a recreational sailing program at Sugden Regional Park; and, WHEREAS the County has an established therapeutic recreation program for children with disabilities; and, WHEREAS the Foundation wishes to establish itself as the accessible boating provider throughout Collier County, NOW THEREFORE, in consideration of these premises, the County and the Foundation hereby agree and resolve as follows: Section 1. Partnership. 1.1 It is hereby agreed that the County and the Foundation will develop, implement, and share the cost of boating programs to serve the special needs residents of Collier County, beginning with a sailing program at Sugden Regional Park. Section 2. Instructors and Training. 2.1 The Foundation will reimbu the County biannually for half the salary and benefits for each instructor, not to exceed $23,000 per instructor per fiscal year. The instructors wi 1 betounty employees paid by the County. 2.2 The Foundation wiWeither provide training or reimburse the County for half the cost of all training and certification on the following topics: Disability Awareness, US Sailing, and Working with Volunteers. Training and certification reimbursement is not to exceed $500 per instructor per fiscal year. Section 3. Boats and Equipment. 3.1 The Foundation will provide the following boats and equipment: a. Two (2) 2.3 wide access dinghies b. One (1) 2.3 wide access dinghy with electronics c. One (1) West Marine inflatable safety boat with 5 hp Mercury outboard motor d. One (1) 24 -foot boat trailer with rack e. One (1) laser dolly f. One (1) lifting harness g. One (1) Boyer lift h. Seven (7) standard orange personal floatation devices with whistles page 1 of 3 Wo,. i. Two (2) ski vest type personal floatation devices with whistles j. One (1) first aid kit k. One (1) toolbox with miscellaneous tools 1. Two (2) two -way radios m. Miscellaneous supplies to include: bailers, racing marks, mushroom anchors, bull horn, spare parts 3.2 Sailboats will be titled to the Foundation. Motorized boats will be titled to the County. Any boat purchased by the Foundation may be used at other sites. 3.4 Boats and equipment will be maintained by the instructors. Maintenance and repair costs over $100 will be funded by the Foundation. Maintenance and repair costs must receive advance approval. 3.3 The Foundation will fund additional boats and equipment contingent upon approval prior to purchase. Additional boats and equipment will be subject to all provisions of this Agreement. Section 4. Sites and Programs. 4.1 The County will provide sites and facilities for accessible boating programs. The initial program will be held at the floating dock at Sugden Regional Park. 4.2 The County will provide a mount for the Hoyer lift at the floating dock at Sugden Regional Park. Section 5. Insurance. 5.1 The County will maintain general liability and workers' compensation insurance of no less than $1,000,000 per occurrence. 5.2 The Foundation will provide US Sailing general liability insurance of no less than $1,000,000 per occurrence to cover all sailing activities. Section 6. Promotion, Recruitment, and Volunteers. 6.1 The County and the Foundation will jointly endeavor to market and promote the program. 6.2 The County and the Foundation will jointly endeavor to recruit program participants. 6.3 Volunteers may be recruited by either entity. Each volunteer must attend a volunteer orientation and training prior to handling any participant, unless that volunteer is a parent of a child who is participating in the program and that parent is assisting in the transferring of the child. 6.4 The Tradewinds Foundation name and/or logo will appear on the boat and sail of each boat purchased by the Foundation. 6.5 The Tradewinds Foundation name and/or logo and the Collier County Parks and Recreation name and/or logo will appear in all promotional materials related to the program. Section 7. Terms. 7.1 This partnership is nonexclusive. Each party reserves the right to enter into any similar agreement with any third party at any time. 7.2 The term of this Agreement shall be three (3) years from the date of execution. 7.3 This Agreement will be reviewed annually on the anniversary of its execution to assure each party's satisfaction and the contemplation of necessary amendments. 7.4 This Agreement may be amended at any time by mutual agreement of both parties in writing. 7.5 This Agreement can be terminated by either party giving the other party written notice ninety (90) days prior to date of termination. page 2 of 3 IN WITNESS WHEREOF, the parties have set their hands and seals this day of '1 2003. Attest_ DwigfitR Brock, Clerk _J �; epu. ,Clerk Attest as to Chairwl'' signatwe only. Witness Witness Approved as to form and legal sufficiency: Robert Zacharf Assistant County Attorney Board of County Commissioners Collier County, Florida By: Tom Henning, Chairman Tradewinds Foundation, Inc. David Ablelove, President page 3 of 3 EXECUTIVE SUMMARY APPROVAL OF A BUILDING NAMING POLICY WHICH WOULD ALLOW FOR THE SPECIAL NAMING AND DEDICATION OF COUNTY -OWNED BUILDINGS, STRUCTURES AND /OR OTHER FACILITIES. OBJECTIVE: To have the Board of County Commissioners approve and adopt a building naming policy which would allow for the special naming and dedication of Collier County -owned buildings, structures and/or other County -owned facilities. CONSIDERATION: Collier County Government is responsible for the building and acquiring of government facilities ranging from public libraries to main government administration buildings. As part of this effort, occasions occur where special groups and County staff request a building or facility be named and or dedicated to honor a natural person or persons. In an effort to facilitate this process, and to ensure consistency, staff is recommending that the attached building naming policy be adopted. County -owned buildings, structures, and or facilities shall be named based upon several criteria including; naming based upon the functions(sj the facility performs or the services provided to the public from the facility; naming a County -owned building, - structure, or facility to honor a natural person or person(s) living or dead; or naming based upon the specific and/or planned geographic location of the facility. This policy will help to facilitate and provide clear direction to staff when naming and/or dedicating County -owned buildings, structures and facilities. Each recommendation will require a formal application presented to the County Manager who in turn refers the application or recommendation to the Constitutional Officer occupying the building, the County Division Administrator(s) under the facility's jurisdiction, or to each County- Affiliated Historical Agency or Group if the facility has historical significance. FISCAL IMPACT: Any plaque or other memorial or notation to be placed on or at the County -owned facility must be approved by the County and must be supplied and be'paid for in full by others and at no cost to the County unless the Board decides in the specific case that it is appropriate and is in the public's interest for the County to contribute money and/or in kind contributions toward any such plaque, memorial or notation. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve and adopt the attached Building Naming Policy for dedications and naming of Collier County -owned buildings, structures or other County -owned facilities. An Executive Summary Page 2 of 2 SUBMITTED BY-. "P- jitie, Date: e Direct or epartment APPROVED BY: Date: kip Camp, CFM, Interim Administrator Administrative Services Division AGEN��A E Pg. COLLIER COUNTY, FLORIDA POLICY FOR NAMING COUNTY -OWNED BUILDING, STRUCTURE OR FACILITY I. Naminz of County -Owned BuildinjZ, Structure or Facility. The following is the policy of the County Manager of Collier County, Florida, regarding naming Collier County -owned buildings, structures, or other County -owned facilities. Each County -owned building, structure, or facility, or integral part therein, e.g., chapel in a hospital, hereinafter "facility," shall be named based upon the function(s) the facility performs: or the services provided to the public from the facility. The specific location of the facility can, of course, be included in the name; for example, an adjacent right -of -way, body of water, or any other prominent landmark. Examples: Collier County Courthouse, Central Avenue Library, Sheriff's Annex, Tarpon Lake Park, South Pass, or Pine Ridge Road Library. II. Naming of County -Owned Building Structure or Facility to Honor a Natural Person. "Natural person" means actual human being(s). The Board of County Commissioners - ( "Board ") may name a County -owned facility to honor a natural person or persons, living or deceased. Examples could be "The John Jones County Courthouse," "The Bill Smith County Library," "The Mary White and Bill White Sheriff's Annex," "The Joe Green Museum," "The Jim Gallagher Pass" or "The Dan Marino Athletic Field" (provided the Athletic Facility is based upon a Substantial Financial Contribution). A. Naming A County Owned Structure To Honor A Natural Person Based upon Actions and not based upon Substantial Financial Contribution(s). 1. The natural person(s) must have, by his or her local actions (other than Substantial Financial Contribution), specifically and directly benefited Collier County, and, preferably, the specific facility, or at least the geographic area where the facility exists (or is planned to exist). (a). Fields of Endeavor. If the public achievements of the sponsored, local natural person(s) are primarily in a specific field of endeavor, that field of endeavor should have a direct and significant logical relationship to the facility. As examples: A medical facili should be AGEN ATE ' ' No. Pg. named to honor a local physician, a local nurse, or other local practitioner in the field of medicine. A sports facility should be named in honor a local natural person associated with athletics. A nautical facility should be named to honor a local natural person associated with nautical matters. A courthouse should be named to honor a local judge, local lawyer, or a natural person directly associated with local administration of justice or local law enforcement. (b). "Specific, Direct, Local Benefit." The natural person whose name the facility is proposed to honor must have performed significant, direct local benefit to the facility or at least with regard to the site of the facility (land or water). "Significant, direct, local benefit" does not include acts by a person who has benefited Florida generally (or has generally benefited the United States) and has not rendered direct,- significant local, beneficial acts to benefit Collier County, the specific facility, or at least the general geographic area of the facility. (c). Sponsorship. Each recommendation to have a County -owned structure named to honor a natural person based upon that person's local, beneficial acts (other than a Substantial Financial Contribution) may be proposed to the County Manager by any individual, any corporation, any organization or group, but only by using the attached form. (d): Application Procedure. Each application to recommend naming a County - owned facility in honor of a natural person based upon that person's local acts (not based upon a Substantial Financial Contribution) must be submitted to the County Manager by use of the attached form. Each such sponsored application, when complete, must contain the names, addresses and signatures of not less than 1,000 natural persons who reside, at least part-time, in Collier County and who agree with the recommendations of the Sponsor as stated on the form. The Sponsor's written reasons must include a brief biographical sketch as regards the proposed natural person(s) and a listing of the significant local beneficial acts performed by the local natural person, and upon which acts the Sponsor believes it is appropriate that the Board name 2 AGENDA ITENt No. � Pc. -jz- _;_ ;7.--.- - , . _ t B. Naming A County -Owned Structure To Honor A Natural Person Based upon Substantial Financial Contribution W. 1. Notwithstanding any other provision of this policy, except the referral provisions listed below, a County -owned facility can be named in honor of a natural person(s) provided substantial sums of money or other substantial, valuable assets (such as land related to the facility or land situate elsewhere), are contributed to Collier County by, or on behalf of, such natural person(s), living or deceased, to assist Collier County, directly or indirectly, in acquiring title to the underlying land, to the facility, or to some specific, identifiable part of the facility (e.g., "The John Jones Wing of the Collier County Hospital "); provided, however, that such person has not engaged in illegal, immoral, or otherwise improper conduct. No such natural person need be a local person. 2. If a facility is named and it is thereafter discovered that the natural person unbeknownst to the County, had engaged in illegal, immoral, or otherwise improper conduct, that brings discredit upon the County, the County may in its unbridled discretion rename the facility. If a facility is named after a then living natural person and that person thereafter engages in illegal, immoral, or otherwise improper conduct, that brings discredit upon the County, the County in its unbridled discretion, may rename the facility. This discretion to rename is and shall be subject to any then existing and enforceable provision in a written agreement to which the County is then a party and wherein the County contracted away this unbridled discretion to rename the facility. C. Referrals by the County Manager. 1. If the County Manager determines that the standard form application is complete and has merit (or that the facility may appropriately be named in honor of a Substantial Financial Contributor, which does not require use of the standard form or any signatures, the County Manager shall refer the complete application, or the recommendation to name the facility to honor a Substantial Financial Contributor, for review comments and suggestions, as follows: AGEf A jEM No. 3 Pg.— A. To the Constitutional Officer if the facility is or will be occupied by, or is or will be under the jurisdiction of, that Constitutional Officer; or to the County Division Administrator(s) if the facility is or will be occupied by, or is or will be under the jurisdiction of, the Division Administrator(s), to give each such Officer or Administrator ample opportunity to provide his or her written comments regarding the application or recommendation, including opinions why the application or recommendation is or is not appropriate. B. If the facility has historical significance, to each County - Affiliated Historical Agency or Group. 2. The County Manager may also request input from groups that, or individuals who, the County Manager believes are closely associated with the respective facility. 3. Following the above - mentioned referrals, the County Manager, with or without his (or her) recommendation for approval, may place the item on the Board's agenda for a decision on the merits by the Board. D. Financial or In -kind Contributions by the County. In all instances, any plaque or other memorial or notation to be placed on or at the County -owned facility must be approved by the County, and must be supplied and be paid for in full by others and at no cost to the County unless the Board decides in the specific case that it is appropriate and is in the public interest for the County to contribute money and/or in -kind contributions toward any such plaque, memorial or notation. III. Duration and Effect of this Policy. This policy was adopted on the day of 2003. This policy shall continue until amended or repealed by the County Manager. Jim Mudd, County Manager Attachment: Application Form LIAGENDA 11E No. ff . S t3 `C REQUEST TO NAME COLLIER COUNTY - OWNED FACILITY k TO. County Manger, County of Collier, Florida. Sponsor's name, address & telephone: The facility is described as The address of the facility is We request that this facility be named For the following reasons, it is proper to name this facility as requested: (10 /page): We, the undersigned residents of Collier County, agree with the above- stated reasons: PRINT OR WRITE LEGIBLY Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: Name, address & signature: [For Official Use Only: Date this form was received by the County Manger's Office: Page Number: of pages. AGENDA IT H- 16E2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18,2003 16E3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18,2003 MEMORANDUM 16F4 *4 Date: June 30, 2004 To: Michael Dowling Real Property From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Lease Agreement with Congressman Mario Diaz - Balart Resolution 2003 -172 Enclosed please find copy of documents as referenced above, Agenda Item #16E4, approved by the Board of County Commissioners on Tuesday, May 13, 2003. If you should have any questions, please call me at 774 -8411. Thank you. Enclosures 16E4" MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissio FROM: Michael Dowling Real Property Specialist Real Property Management Department DATE: June 29, 2004 RE: Execution of a Previously Approved Board Item For execution by the Chairman of the Board of County Commissioners, please find attached a Lease Agreement and Resolution concerning a previously approved item. The Board of County Commissioners approved this Lease on May 13, 2003, Item 16 E 4. The Office of the County Attorney requests the Chairman Fiala execute the Agreement on behalf of the preceding Chairman. Thank you. Attachment as stated d-)Cl Lease # LEASE AGREEMENT 16 E L /! THIS LEASE AGREEMENT entered into this 7—U) day of 2003, between Congressman Mario Diaz - Balart, whose mailing address is 4715 Golden Gate Parkw y, Naples, Florida 34116, hereinafter referred to as "LESSEE ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Golden Gate Community Center, 4715 Golden Gate Parkway, Suite 1, Naples, Florida 34116, hereinafter referred to as the "Demised Premises ", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. Absent reservation of exclusive use for specified temporary periods of time, LESSEE shall be granted non - exclusive use of the Conference Room at the subject property. The Conference Room shall be generally shared by the other occupants of the building and for other County - related business. However it is understood that, from time -to -time, LESSEE will require exclusive use of this Conference Room. Exclusive temporary use of this Conference Room by LESSEE will be granted by in advance scheduling of such exclusive use through an authorized County employee at the subject property. Absent an emergency in the specific instance, such request for exclusive use should be requested at least one day in advance. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on January 3, 2003 and ending January 2, 2005. LESSEE is granted the option, provided LESSEE is re- elected to the same office and is not in default of any of the terms of this Lease, to renew same for one (1) additional term of two (2) years, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than fifteen (15) days following the election in 2004. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month -to -month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00 /100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days for the commencement of the renewal term. ARTICLE 4. Other Expenses and Char LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for local and long distance telephone charges, which shall be paid by the LESSEE. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 5. Modifications to Demised Premises 16E4 Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 11. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices 16E4 '' .' Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 East Tamiami Trail Administration Building Naples, Florida 34112 LESSEE: Congressman Mario Diaz -Balart 4715 Golden Gate Parkway Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by Ere or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seal b IN P E4 AS TO THE LESSOR: DATED: 6-So •0 ATTEST: DWIGHT. K,.., , k' Attest signature AS TO LESSEE: DATED: WI,TfNE tgnature) (print na ) WITNESS (signature) (print name) Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUN Y COMMISSIONERS COLLIER COUN , FLO A BY FOR TOM HENNING, Chairman WA Address: i tJ q,9 Item # 1( 4- 4.�.s RESOLUTION No. 2003 -! �a 16 P, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN MARIO DIAZ- BALART FOR USE OF OFFICE SPACE WITHIN A COUNTY -OWNED BUILDING. WHEREAS, Congressman Mario Diaz -Balart ( "Congressman ") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ( "Collier County "), located at 4715 Golden Gate Parkway, Suite 1, Naples, Florida. WHEREAS, the Lease Agreement provides for an initial two (2) year term with one (1) renewal term of two (2) years, with an annual rent of $10 for each year throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Congressman and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Congressman Mario Diaz - Balart. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this day of 2003 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK;Qerk BOARD OF COUNTY COMMISSIONERS COLLIER C NTfCairnm-nan ORIDA BY: BY: z Deput. ler`I FOR TOM ING, Attos Approved as to fo an legal sufficiency: Thomas C. Palmer Assistant County Attorney q It,m# N a �,n p 16E5 RESOLUTION No. 2003 - 173 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE DUDLEY GOODLETTE FOR USE OF OFFICE SPACE WITHIN A COUNTY -OWNED BUILDING. WHEREAS, State Representative Dudley Goodlette ( "Representative ") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ( "Collier County "), located within the W. Harmon Turner Building located at 3301 East Tamiami Trail, Naples, Florida. WHEREAS, the Lease Agreement provides for an initial two (2) year term with one (1) renewal term of two (2) years, with an annual rent of $10 for each year throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Congressman and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and State Representative Dudley Goodlette. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this Z12 day of �' ic.K _ 2003 after motion, second and majority vote. ATTEST: DWI(IiT'.E. SOCK, Clerk CL Ott! its . >� ; lerk �� g, Approved as to form and 1 gal sufficiency: Thomas 1C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER UNTY ORIDA BY: . TOM HENNING, Chairman 16E5 Lease # 849 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 13 day of , 2003, between Representative Dudley Goodlette, whose mailing address is 4001 North Tamia il, Naples, Florida 34103, hereinafter referred to as "LESSEE ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, Second Floor, 3301 East Tamiami Trail, Naples, Florida 34112, as shown in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises ", situated in the County of Collier and the State of Florida, for the sole purpose of operating a State of Florida government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 5, 2002, and ending November 4, 2004. LESSEE is granted the option, provided LESSEE is re- elected to the same office and is not in default of any of the terms of this Lease, to renew same for one (1) additional term of two (2) years, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR immediately following the election for that reelection term and not less than fifteen (15) days following the election. Sid notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month -to -month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars ($10.00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth shall remain the same for the ensuing renewal term and be due fifteen (15) days following the commencement of the renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs for electricity, air conditioning, water, sewer and janitorial services used, rendered or supplied to the Demised Premises. The LESSEE shall be responsible for costs associated with all long distance telephone charges. LESSEE shall be billed by LESSOR for long distance telephone service on a monthly basis. LESSEE covenants to pay LESSOR for said service within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trail and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any conditions created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub - surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi - public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the res l61E5 t oss ence or willful misconduct of the LESSOR or its employees. �' negligence g g ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section 768.28, Florida Statutes, during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No /100 Cents (5100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsible for notifying the Lessor directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at its potion, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 East Tamiami Trail Administration Building Naples, Florida 34112 LESSEE: Representative Dudley Goodlette 4001 North Tamiami Trail, Suite 203 Naples, Florida 34103 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 14. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions 16E5 LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: o ATTEST,,' TTE S ,, DWIQHT E. BROCK, Clerk D p lerk Attest as to CMi rowig signatwe 041y. BOARD OF COUNTY COMMISSIONERS COLLIER CO Y. FLO A BY:—� TOM HENNING, Chairman 4 AS TO LESSEE: -2 DATED: f 2" J (signature) REPRESENTATIVE DUDLEY GOODLETTE f-5srca- 7 (print name) WMa ITNE S (si ature) (print n e) Approved as to fo aegal sufficiency: C.-Parmer Assistant County Attorney A N J to L0 u I x x r.. • r! rt • M� rx ry r fU z -d F [r]--� /V f' c C 9 H r 16E5 CrX 444 V ✓ 16E6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18, 2003 16E8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18, 2003 26F13 RESOLUTION NO. 2003 - --n4 RESOLUTION AMENDING BOARD RESOLUTION 2001 -482 AND THE PURCHASING POLICY REFERENCED THERBY WHEREAS, Collier County Ordinance 87 -25 provides for the establishment of a purchasing policy to govern all aspects of purchasing administration; and WHEREAS, The Board of County Commissioners on December 11, 2001 adopted an updated purchasing policy by Resolution 2001 -482; and WHEREAS, County staff seeks to clarify authorizations and requirements pertaining to the proper management of vendor and contractor agreements. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Resolution 2001 -482 as previously amended by the Board is hereby further amended by this Resolution as shown in, attached hereto and incorporated herein by reference. This Resolution adopted after motion, second and majority vote, favoring same. DATE: 2003 ATTEST: DWIGHT E.`BROCK, Clerk aureen Kenyo Ott '�tt r n�:t •,n,,�, •S signitare envy: APPROVED AS TO FORM AND LEG CY: By: Robert ary, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. Tom Henning, Chairman 16E13 J. Payments to Contractors, Vendors and Consultants Prior to the execution of a formal contract subject to this policy, the Purchasing Department shall have the discretion to establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. The Purchasing Director, or his designee shall have the discretion to establish, in writing, a schedule(s) to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule. The discretion of the project manager to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less) ". 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's appropriate representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Purchasing Director's designee shall be also be granted the discretion to authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage to be released is pursuant to the full and final completion of a specific task(s), assignment(s) or milestone(s) identified in the agreement. 4. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. 16F1 MEMORANDUM Date: May 14, 2003 To: Ken Pineau, Administrator Emergency services Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Modification to Base Grant Agreement from DCA (RE: Award Letter /Agreement #03BG- 04- 09 -21 -01 -011) Enclosed please find one original Award Letter, as referenced above, approved by the Board of County Commissioners on May 13, 2003, as Agenda Item #16F1. Please forward on to the necessary parties. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures 16F1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" )EB BUSH Governor April 14, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kenneth Pineau, Director Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 RE: AWARD LETTER Agreement # 03BG-04-09-21 -0 1 -011 Dear Mr. Pineau: COLLEEN CASTILLE Secretary In accordance with Section IV, Modification of Contract this Award Letter serves as a legal modification to your Base Grant Agreement. This Award Letter provides FEDERAL funds to your County in the amount of $41,799. Because the Division received an increase in this year's Federal Emergency Management Performance Grant award, we are able to provide $4,317 in ADDITIONAL funds to your county. These federal funds continue to require a dollar for dollar non - federal match. Please ensure that your County can provide the required additional match before accepting these funds. This Award Letter increases your County's total amount of funding under this Agreement to $144,995. You must return the attached budget form (Attachment A -1) showing the anticipated expenditure of the Federal fluids. All oilier terms and ccrd:iions of the Agreement shall remain in full force and effect. Please make this a part of your Agreement file. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: (850) 488 - 8466 /Suncom 278 -8466 FAX: (850) 921 - 0781 /Suncom 291 -0781 Internet address: http: / /www.dca. state. f1.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumrd �N4arathon, FL 33050-2227 Tallahassee, FL 32 399-2 100 Tallahassee, FL 32399 -2100 Tallaha seed L 332399 -2100 Boulevard (305) 289 -2402 (850) 488 -2356 (850) 413 -9969 (850) 488 -7956 16F1 Mr. Kenneth Pineau, Director Page Two April 14, 2003 Should the County not wish to accept these additional funds, then the County must provide notice to the Department within (30) days of receipt of this Award Letter. Otherwise, the county shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt of the written notice of acceptance. This is in accordance with Section IV, Modification of Contract Rule 9G- 19.006(4), Florida Administrative Code provides for the reallocation of any unspent (State EMPA) Base Grant funds. All funds were utilized by the counties in Fiscal Year 2001 -02; therefore, no funds are available for reallocation for Fiscal Year 2002 -03. You may indicate your acceptance of these funds by signing and returning a copy of this Award letter and the attached budget page to Ms. Dee Giles, Department of Community Affairs, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100. WCF /dgs Attachment Respectfully, '�� R1_11� W. Craig Fugate, Director Division of Emergency Management I accept the additional funds and agree to all terms and conditions as set forth in the EMPA Base Grant Agreement. County: COLLIER Authorized Official: om H ning Title: Chairman, Board of County Commissioners Date: _ ,S� /� 03 Approved as to form & legal suffilcency tat (°- alt LL Count Attorney A#4ST. *��PD-epu_tv,, ktt*St as to Cha<irl�M's sig"twe 0§136 16F I Attachment A- l Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Performance (EMPG) Federal portion of this subgrant only (Paragraph (I 6)(a), FUNDING/ CONSIDERATION). Cate go Salaries/Fringe Benefits Other Personal Services Expenses Operating Capital Outlay Fixed Capital Outlay Total Federal Funds J Anticipated Expenditures Amount $ 41,799. $ 41,799. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE May 13, 2003 FOR BOARD ACTION: 1611 1. 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(l), the disbursements for the Board of County Commissioners for the period: Disbursements for April 12 2003 through April 18, 2003 B. Districts: C. Heritage Greens Community Development District — Minutes of Meeting held on January 13, 2003; Financial Statement dated December 31, 2002 2. Port of the Islands Community Improvement District — Minutes of Meeting held on January 17, 2003; Minutes of Meeting held on February 21, 2003; Financial Report dated January 17, 2003 and Financial Report dated February 21, 2003. 3. Minutes: Lely Community Development District Minutes of May 15, 2002; June 19, 2002; August 14, 2002; September 11, 2002; October 16, 2002; November 13, 2002; December 18, 2002; January 15, 2003; March 19, 2003 Collier County Hispanic Advisory Board — Agenda for March 27, 2003. 2. Pelican Bay Services - Agenda for April 2, 2003; Minutes of March 5, 2003. 3. Productivity Committee Meeting — Minutes of March 19, 2003 4. Development Services Advisory Committee - Agenda for April 2, 200• Minutes of March 5, 2003 5. Environmental Advisory Board — Agenda for April 2 2003; Minutes of March 5, 2003. 6. Collier County Planning Commission — Agenda for April 3, 2003; Agenda for April 17, 2003; Minutes of March 20, 2003. H:Data/Format 1611 7. Bayshore Gateway Triangle Local Redevelopment Advisory Committee — Agenda for April 2, 2003 8. Bayshore Beautification M.S.T.U. — Agenda for April 9, 2003, Minutes of March 12, 2003. 9. Collier County Library Advisory Board — Agenda for March 26, 2003; Minutes of February 26, 2003. 10. Immokalee Beautification M.S.T.U. Agenda for April 16, 2003; Minutes of March 19, 2003. 11. Golden Gate Estates Land Trust Committee — Minutes of April 22, 2002 June 25, 2002, August 26, 2002, October 7, 2002, January 16, 2003. 12. Golden Gate Beautification Advisory Committee — Agenda for April 8, 2003; Minutes of March 11, 2003. 13. Forest Lakes Roadway and Drainage M.S.T.U. — Advisory Committee — April 18, 2003. 14. Ochopee Fire Control District — Minutes of March 3, 2003. 15. Radio Road Beautification M.S.T.U. — Minutes of March 18, 2003. 16. Collier County Airport Authority - Agenda for April 14, 2003, Minutes of March 10, 2003. 17. Lely Golf Estates Beautification Advisory Committee — Agenda for April 17, 2003, Minutes of March 20, 2003. 18. Workforce Housing Advisory Committee — Agenda for April 14, 2003. 19. Immokalee Local Redevelopment Advisory Board — April 23, 2003. 20. Historical & Archaeological Preservation Board — Agenda for April 16, 2003; Minutes of March 19, 2003. 21. Vanderbilt Beach M.S.T.U. — Agenda for April 3, 2003. 22. Parks and Recreation Advisory Board — April 16, 2003; Minutes of March 19, 2003. 23. Collier County Citizens Corps Advisory Committee — Workshop for March 27, 2003; Agenda for March 20, 2003, Minutes of March 20, 2003. H:Data/Format 1611'1 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 04/18/03 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 April 12, 2003 through April 18, 2003. 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. 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N N O O 0 W O O"^�:: J O w O1' W W O O O V1 -U1. N (P O O O O O O ro 0 0 0 o orrrrr N.. r t". ti id. xl zl H Off. O ro fD (D z Ci C, co rr M H n n n n H K (D n z z O H H y m m z z �. x1 °oKKgqyKzznN (nco c'; 'D b C N b. X X.. C) (D (D > ' 4CB8BNM U) (n h; Z. CrCi7 m LrCTI. C mrnnn zn rr rz: °z n o 0 o n xd .d xO rt H m °o 0 (n U m (D � a n n 0 \ Y 4> \ N 0 0 ur n z ro 0 a 0 n a a ro a n n x x �J m K 0 G N n � r n o K 0 0 0 y o h7 ro o q r ro O W r5 � U1 � rt W z a 0 trl a 7 x 0 z a (D m n l� n x �i (D LO N R $ to (D r 3 � n � n� 1611 "1 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 04/11/03 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 April 5, 2003 through April 11, 2003. 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Cam] M r4 > � ro ro d r r U) En m r -r OS! 111 *'1 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 04/04/03 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 March 29, 2003 through April 4, 2003. 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. 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Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 10, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. HERITAGE GREENS cf)mmuNITY nFyFLOPMFNT DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Heritage Greens Community Development District, has submitted the following: (a) Minutes of Meeting held on January 13, 2003 (b) Financial Statement dated December 31, 2002 Thank you :\special \special Lk 1 1511 ',j, Heritage Greens Community Development District 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 April 4, 2003 Memorandum To Clerk of the Circuit Court Finance Department c/o Derrick Johnssen 2671 Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 34112 -3016 Mr. Thomas W. 011iff Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Building, Second Floor Naples, Florida 34112 RECEIVED APR 0 4 2003 FINANCE DEPT Bruce Anderson, Esquire Young, van Assenderp, Varnadoe & Benton, P.A. Post Office Box 7907 Naples, Florida 33941 Grau & Company, P.A. 2700 North Military Trail, #350 Boca Raton, Florida 33431 Reference: Minutes of Board of Supervisors Meeting held January 13, 2003 From: Gary L. Moyer, Manager Enclosed for your records are copies of the Minutes of the Meeting held by the Board of Supervisors of Heritage Greens Community Development District as referenced above. GLM /mcl encls. APR 0 4 2003 FINANCE DEPT MINUTES OF MEETING 16 11 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held Monday, January 13, 2003, at 1:05 p.m. in the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida. Present and constituting a quorum were: James Reinders Chairman John R. Campbell Assistant Secretary (via telephone) Monica G. Peele Supervisor Michael Hueniken Assistant Secretary Paul Pacchiana Supervisor Also present were: Chuck Adams Manager Dan Cox Attorney James Carr Engineer C. Sam Kissinger Staff Don Segui Heritage Greens Association Jim Keller Heritage Greens Association John Shelton Heritage Greens Association Paul M. Dery Resident Richard Jacobs Resident Pat Giunta Resident Several Residents FIRST ORDER OF BUSINESS Roll Call Mr. Reinders called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 12, 2002 Meeting Mr. Reinders stated these minutes have the notation that the main portion of the tape could not be transcribed. Mr. Adams stated we will incorporate a brief summary into the minutes according to memory. Verbatim transcription is not available but the issues will be summarized. Mr. Reinders stated we will table this item until such time as we see the summary and add it to the missing portion of the minutes. 1611 44 .1 January 13, 2003 Heritage Greens C.D.D. TBIRD ORDER OF BUSINESS Consideration of Resolution 2003 -1 Approving the Statewide Mutual Aid Agreement Mr. Adams stated this is an agreement created by the Florida Department of Community Affairs. It brings the District into a large pool of municipalities that share resources in the event of disaster, and allows the District to receive FEMA funding to help pay for operations and resources to recover from a disaster. C.D.D.'s were previously not legislated as a part of that process. This agreement will not be active until we have a disaster. This District does not have resources to share but will be a benefactor of resources in the event of a disaster. Mr. Campbell asked how does this impact the cost to the community in the event of an emergency? Mr. Adams responded it puts you in line to receive resources through the local County who administers those resources to special local governments such as yourself. This places you in line to receive the FEMA funding in the event of disaster. Mr. Campbell asked is this for members of this County only or is it statewide? Mr. Adams responded it is statewide. Mr. Campbell asked if there is a disaster in Dade County, will we be contributing to that disaster? Mr. Adams responded only to the extent you have resources that are beneficial to help in their recovery process. This District currently has no operations or resources to contribute to this type of disaster, so you would not be able to do that. You do not have manpower and equipment to share. You would be a recipient of resources as well as FEMA funding. Mr. Campbell asked is there a monetary contribution in lieu of those other resources? Mr. Adams responded no. They are not looking for that. On MOTION by Mr. Hueniken seconded by Mr. Pacchiana with all in favor Resolution 2003 -1 approving the Statewide Mutual Aid Agreement was adopted. 2 January 13, 2003 r3 Jeri age Jreens kl). FOURTH ORDER OF BUSINESS Continuation of Discussion of the Timing of the Last Lift of Asphalt an District Roadways Mr. Reinders stated we were holding funds in the construction account to pay for the last lift of asphalt. This Board deferred the review of this item until we near completion of construction activities. Mr. Pacchiana asked has anything been done with regard to an engineer looking at the roadway and determining where the speed bumps should be placed? Mr. Adams responded I do not believe that has been done. Mr. Campbell stated that will be part of the permit. Mr. Reinders stated we installed speed cones along the main street with the intent of deterring speeding along the main road. Is it the consensus that we would like to expand the number of these? Mr. Kissinger responded yes. I have received letters from people complaining that the speed bumps we have now do not stop people from speeding. They are not designed to effectively slow the traffic. Further discussion continued between the Board members regarding speeding problems, solutions and possible locations of additional speed bumps. Mr. Reinders asked is there any opposition in the community to this? There being none, Mr. Kissinger stated there is also a speeding issue with the public safety and emergency vehicles. Mr. Reinders stated we need a clear indication from emergency personnel as to how extreme and how frequent we can go with those speed bumps. Perhaps we could ask the Master Homeowners Association to collaborate with this Board on that issue. Mr. Kissinger stated I recently proposed that the engineers investigate first, make a recommendation to the Board, and then include public. Mr. Carr indicated on the map, certain problem areas of the District roads for the Board and audience. Further discussion continued among the Board members regarding problem areas, suggested solutions, and location of signs and speed bumps. Mr. Adams stated since we have a good representation here from the HOA Board, perhaps we should meet with the engineer after this meeting, look at his recommendations, and make some modifications or consider redesign. This design probably incorporates the existing design of the humps. We could look at 3 January 13, 2003 1 C.D.D. what we can do with redesign and bring this back to you at your next meeting. If we need to schedule special meetings to expedite the process, we can do that. FIFTH ORDER OF BUSINESS Staff Reports Al. Attorney — Continuation of Discussion of Acceptance of Deeds for Property Previously Dedicated by Plat to the District Mr. Cox stated at the last meeting we discussed deeds for property that was previously dedicated to the District by plat. The County has asked that it be further clarified on the public record that the District was deeded certain infrastructure and parcels of land within the boundaries of the District. The District has accepted those conveyances by plat. I have researched the plat. There was a question whether we accepted these and whether it was appropriate to accept conveyance by these quit claim deeds. The properties that are being conveyed were dedicated to the District by plat and contemporaneous with the filing of the plats, those improvements were accepted by the District. The ministerial action requested by Collier County has been addressed and it is now recommended that we accept those conveyances. Mr. Reinders stated the purpose of this was to get the property tax collector to send the notices to the District. Mr. Cox stated this relates to the laws of dedication of these types of improvements. When they make a dedication by plat that is merely an offer to dedicate it to the governmental entity and until the governmental entity affirmatively accepts that, there is no true dedication. This is to correct the public records with the property appraiser and tax collector for the benefit of the County. Mr. Reinders stated I believe they have already accepted that. Mr. Cox stated yes, they have. This is strictly to clear up the record. Mr. Keller asked when did you take over the Preserves? Mr. Cox responded the plat was recorded on June 30, 1997. The acceptance information reflects the 23' day of June of 1997 as the date it was executed on behalf of the District. Mr. Keller stated I have a problem with upgrading this area after everyone let it go for so long. When we took over those grounds, someone else should have taken care of this before, rather than asking us to clean it up now. According to law, does it not have to be done every so many years? Mr. Cox responded I have not reviewed the specific permit for this property. You typically have a S.F.W.M.D. requirement to bring preserve areas into compliance with permit conditions and file either annual or bi- annual January 13, 2003 1 I & i L G "re eIn C.D.D. monitoring and performance reports that indicate whether or not the mitigation of eliminating exotics has been effective and if not, the steps you have taken to remedy that. That typically runs five or six years from the date of acceptance. Mr. Keller stated I am not so sure that we have had the responsibilities in the past years. That should have been in good condition before we took it over. Mr. Cox stated we accept facilities based on the confirmation by the engineer that everything is in compliance. Mr. Keller stated I do not believe that was done. It is not right to ask us to pay for this. It was not upgraded periodically, according to my research. Mr. Reinders stated at the time of dedication, that area was cleared, in proper condition and approved by the District. It became the District's obligation at that point along with continued periodic maintenance of that area. That is indicated in District correspondence through March of 1999. Mr. Keller asked do you have a sign -off on that? Mr. Reinders responded the developer feels he exceeded his obligations regarding this issue. He is also willing to contribute to additional removal of exotics. That work was done at a cost of $9,000. The developer is contributing $4,000 to that effort. Mr. Adams stated the ball was dropped from the time of turnover until we received the notice of violation. We are now seeking a proposal for annual maintenance. Mr. Pacchiana asked do you have any idea how much work they did? Mr. Reinders responded not without research. Mr. Pacchiana stated as I understand it, we are cleaning up quite a bit. Mr. Reinders stated it represents a couple of years of growth. Mr. Pacchiana asked how often do we have to do that? Mr. Reinders responded on an as needed basis. Mr. Pacchiana asked do they inspect it periodically? Mr. Reinders responded yes, to the best of my knowledge. Mr. Campbell asked is there supposed to be an annual maintenance schedule submitted to the County? Mr. Adams responded that was submitted last week when we got our clearance letter that they are now in compliance. I also indicated in that letter that we will pay close attention to our lakes and our littoral shelf plantings. Mr. Reinders asked are you talking about the lakes in the Golf Course? 5 January 13, 2003 Heri a Gee4is C. Mr. Adams responded I am referring to lakes in the community, but I will bring that up with the golf course also. A resident asked when that is operational, does the District pay for the permit or does the HOA? Mr. Reinders responded according to the original permit the obligation is still with the HOA. Mr. Segui asked do we spray once it is clear? Mr. Adams responded that is part of the ongoing maintenance program. They check for sprouts and seedlings every six months. New seedlings can simply be plucked, including the root. If you grab them when they are small, it is far less costly. Mr. Giunta asked how is that funded? Mr. Adams responded we have unreserved funds in our budget that are left over from previous years. We tapped into the unreserved funds since we did not have a specific line item in our current budget for this cost. In the future years to come we will have an identified line item as we will have a proposal for the exact cost of periodic maintenance. Mr. Reinders stated we have always carried these funds in reserve for this type of unanticipated expenses. Mr Giunta asked can you tell me how much is in that fund? Mr. Adams responded the reserves are in the neighborhood of $78,500. Mr. Giunta asked was that the original amount? M. Adams responded that has not been touched. It was set aside specifically for the second lift. Mr. Pacchiana asked is that invested? Mr. Adams responded that is invested with the State Board of Administration. Mr. Adams stated we will solicit proposals. We have the funds set aside for this operation and also some unreserved funds we can tap into if necessary to supplement that. This was based on an estimate we had when this project started. Mr. Keller asked when you talk about the C.D.D. picking up the cost of making a preserve right, why is there a difference now that we have to contribute to that when someone else made the error putting this together? Mr. Adams responded there was an error on the part of the C.D.D., not identifying its obligation to continue to maintain those preserves. They were D January 13, 2003 Heritage Gr .r&ns C.D.D. originally transferred to us in a condition that was within comp iance. If we had ongoing periodic maintenance, we would not have found ourselves in the position we did a month or two ago. Mr. Keller asked do you have the money? Mr. Adams responded yes. Mr. Hueniken responded it is not on the people. The C.D.D. has split that and is paying a portion. Mr. Adams stated the developer has graciously offered to help pay. A2. Discussion on Consent to Use of District Easement for Signage Mr. Cox stated off of Crestview Way coming into Morning Sun Lane, there are twenty -foot landscape easements owned by the District. At some point there were monument signs erected for Colonial and Crestview. Those monument signs are within the easement area the District owns. I am not sure when those signs were built, whether or not any consents were given, by the District, prior to that time, or whether they were built prior to the time the District owned those easements. From past experience, I recommend the District enter into a consent agreement with the owner of those monument signs. In this case, it is Colonial and Crestview. We have established we will let them put the signs there. Secondly, we are not giving up any rights in that easement. They agree that they must remove them upon request. If we damage them while maintaining our infrastructure within that easement, it is their responsibility to repair them. They are also responsible for the maintenance of those monument signs and any associated infrastructure along with the electrical for the lights. Indemnification runs in favor of the District. If someone makes a turn and takes out a sign, they will indemnify us from any damages incurred in any suit. I have prepared a Consent for Use that was transmitted to the manager's office, but was not in time to make it onto this agenda. We can present this to you now or come back with this at the next meeting. Mr. Reinders asked where is the deed? Mr. Cox responded the deed would probably run with those two lots. I will have to check that. Mr. Reinders stated if there are no objections, we will revisit this at the next meeting. 7 January 13, 2003 1 M so 6rit1G"4reens C.D.D. Mr. Cox stated we will research whether they were built after we obtained our easement. The plat does not address whether they are exclusive or non- exclusive. We cannot make legal presumptions as to whether we can take that sign out. It will require a lot of research to be sure. Mr. Reinders stated we better take the opportunity to clarify this and make sure we are indemnified and have no maintenance obligations. If they want to use it and maintain it and indemnify the District, that is fine. Mr. Adams stated you will probably end up with another meeting between now and the next regular meeting to discuss speed bumps and asphalt and we can make that another agenda item. It will give you an opportunity to review the agreement that Mr. Cox has crafted and make sure you are comfortable with it. Mr. Reinders asked is there any urgency associated with the resolution of this issue? Mr. Cox responded the developer of that particular portion of the project is looking to turn it over to the HOA. It is a matter of cleaning up some of the issues still out there. If there is an assumption of indemnification, the HOA will have the opportunity to say they will not carry forward that obligation and the developer continues to indemnify. This agreement is between the developer and the Board of Supervisors and would not necessarily list the comment of the Association. Mr. Carr stated it does not say the Association assumes indemnification when taking over. Mr. Cox stated the language on this states that all insurances are binding upon the successors and assigns of the parties. That is a standard clause. A resident stated Colonial put those signs in and changed the faces on them. Later one was put on for Crestview and one for Colonial to make everyone happy. The developer prior to Colonial erected those. Mr. Reinders asked do we want to approve that subject to counsel's recommendation as to the form of the document? Ms. Peele asked when can we expect to see a final document? Mr. Adams responded I expect around 30 days, depending on how our discussions go regarding the road work. Mr. Campbell MOVED to approve the form of Consent to Use of District Easement for Signage subject to final approval and recommendation by Counsel. Ms. Peele seconded the motion. January 13, 2003 16111 Heritage Greens C.D.D. Mr. Reinders stated I suspect this includes the developer, its successors and assigns. Mr. Cox stated the agreement would be terminable by whoever accepted that responsibility in the future. Mr. Reinders stated I request that when you get the final form of consent to the Supervisors and I ask if the Supervisors have any corrections or objections, I can indicate them to counsel. Mr. Campbell asked can you explain this indemnification? Mr. Cox responded this is a lawyer's indemnification clause used in all of my contracts that includes indemnification from anything and everything. There are many liability issues that could come up. On VOICE VOTE with all in favor the prior motion adopting the form of Consent to Use of District Easement for Signage was approved. B. Engineer - Continuation of Discussion of the Timing of the Last Lift of Asphalt on District Roadways There not being any, the next item followed. C. Manager - Financial Statements The financial statements were accepted. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Reinders stated we still have the issue of this District accepting deeds to the preserves. Those deeds were tendered. I assume that we are ............satisfied that this District is taking responsibility for those areas through dedication thereof. We still need the District's acceptance of those deeds. Mr. Adams stated we accepted them only through the plat dedication. On MOTION by Mr. Reinders seconded by Mr. Campbell with all in favor staff was directed to record deeds for transfer of preserve property to the C.D.D. for tax record purposes. Mr. Cox stated I saw a copy of the notice of completion, which allows them to be transferred. Mr. Hueniken asked are you doing the final certifications now? 9 January 13, 2003 Heritage Greens C.D.D. Mr. Carr responded yes. 16 ! 1 **1 Mr. Hueniken stated that generally takes 30 to 45 days. A resident asked how will you handle the ongoing maintenance? Mr. Adams responded the District will do it. There will be a new line item in the budget. We do not anticipate it to be a huge number. Based on what we spent on a fairly large amount of vegetation in the northern area, I expect we are talking about $2,000 or so in periodic maintenance. Mr. Campbell asked is there an agreement between the golf course and the District to manage the littoral shelf? Mr. Reinders responded I believe that is the golf course's obligation in accordance with an agreement they have with the Association. Mr. Cox stated once we go operational with the S.F.W.M.D. permit, the C.D.D. will be the operating entity under that permit. Any violation of that permit will be addressed to the C.D.D. to resolve, whether it be in the golf course areas or the areas that are the C.D.D.'s responsibility. It is one unified permit. It may be necessary to work with the agreement with the golf course and see how the conditions regarding the S.F.W.M.D. are addressed. If so, we need to amend that agreement. Mr. Campbell asked if they come back two months from now and issue a violation, would that violation be issued to the C.D.D.? Mr. Cox responded it would be issued to us if we are the entity holding that permit at that time. Mr. Campbell stated we will be holding that shortly. Mr. Cox stated the permit holder receives the violation regardless of any other agreement in place with any other entity for maintenance responsibilities. It is our duty to make sure the maintenance responsibilities are being upheld. We will work with the golf course on that. There are instances where we have the H.O.A. maintain preserve areas for the C.D.D. Mr. Campbell asked is it possible that the C.D.D. could be responsible for violation of County requirements in regards to the lakes? Mr. Cox responded that is the responsibility of the golf course. Mr. Campbell stated we need a permit that obligates the golf course to maintain that in accordance with their agreement. We need to make sure of the maintenance of the outfall. Mr. Reinders asked will you look at all the permits that bear obligations or assignments to the golf course, the Master H.O.A., the C.D.D. and the status and 10 January 13, 2003 1 q O ��1 Heritage Greens C.D.D. turnover of those permits? Also would you compare that to the existing agreement between the H.O.A., the C.D.D. and the golf course? Mr. Cox responded once the developer of the project is leaving, it is common to confirm that everything is ready. Mr. Reinders stated it is a good idea, especially with issues like the preserves. Mr. Keller stated this year we are paying from $92,000 to $100,000 to the C.D.D. For past years, that is another $400,000. We pay $500 when we first come in. Is that given as a capital expenditure? Mr. Adams responded that goes to the Master H.O.A. Mr. Keller asked does that $500 go toward these types of things? Are you collecting 1.46 of every $1,000? Mr. Adams responded our assessments are a flat rate to each unit. Mr. Cox stated there are two ways in Florida that a governmental entity can do this. First, there is an assessment that is based on the value of your property. It is similar to what Collier County levies every year. They say you will pay $7 for every $1,000 of property you have. The second is a user fee. You pay a fee to use the park, the pool or the golf course. Those fees must be proportionate to the cost of providing that service. A third way is a non ad- valorem special assessment. This is not based on value, but is a special assessment. The law requires that the property we are levying this assessment against must receive special or peculiar benefit from the services that are being financed from the imposition of this levy. Also the duty to pay that assessment must be fairly and reasonably apportioned among all similarly situated properties. Special benefit is not a tangible benefit as defined by the case laws. It includes several components, such as the enhanced ability to use your property, enjoyment of property, marketability, value and fire protection. The provision of these services by the District enables the properties to be developed to the densities and intensities of usage that you have here. By providing landscaping and good roads we enhance your enjoyment and marketability of the property. Each year we figure the budget and divide the number of assessable units into the C.D.D. budget. Mr. Keller asked is that for everyone? Mr. Cox responded that includes everyone within the boundaries of this District? Mr. Keller asked how many units are there? 11 January 13, 2003 Heritage Greens C.D.D. Mr. Cox responded 527 units. It is on your property tax bill Mr. Keller asked how do you show that? Mr. Cox responded it will say non ad- valorem assessments at the bottom. Mr. Keller stated it is around $100. How long has this been going on? Mr. Reinders responded since the District's inception. Mr. Keller asked is the financial report where you show the money we have now? Is that based on what has happened since 1997? Do we have a report as to how much money you collected and spent as you went along? Mr. Adams responded each year you have a budget and an audit. Mr. Keller asked do you have a financial report showing how that has been handled? Mr. Cox responded yes, we are audited every year. Mr. Keller stated the HOA Board of Directors should know where the money is coming from and where it is going. Mr. Adams stated this Board reviews a financial statement every time we meet, indicating where their current expenses are for the year versus their current budget. It also shows what is outstanding. A resident stated there was discussion about clarifying the responsibilities of the golf course, the C.D.D., and Heritage Greens Association. The master association is also going through a similar situation. One item was a test well at the end of a cul -de -sac that measures groundwater levels and salt water intrusion. We had some problems identifying who is responsible for maintenance and quarterly testing. We think according to the S.F.W.M.D., it may be a golf course responsibility. I ask as you look at your documents that you include this item and help us clarify the responsibility for that. Mr. Adams stated that is probably related to the well field, its usage and the possible negative impacts to that usage. My first assumption is that it is a golf course issue. You do not have that kind of testing unless you have a well field and you are making withdrawals, so they can determine whether there is any negative impact. A resident asked do the C.D.D. elections occur every six years? Mr. Adams responded elections occur every two years. We will have three Supervisors up for election every two years in November. A resident asked how long will their term be? Mr. Adams responded they are four -year terms. 12 January 13, 2003 16 1 4 eritage Greens C.D.D. Mr. Cox stated when a District is first set up you have the ordinance that establishes the District and names the Board of Supervisors for that District. Within so many days after the establishment of that District you then have a landowner's election. If you have one acre, you get one vote. As the project builds out in a District this size, once it is six years old and there are 250 qualified electors within the District you transition to a qualified elector basis. It takes about three election cycles to have a fully qualified- elector Board. A resident asked have we reached that point? Mr. Adams responded we have begun the transition. A resident asked where do you post this information for these meetings? Mr. Cox responded in the Naples Daily News, seven days prior to the meeting. Mr. Shelton asked is the District responsible for the swale next to the District -owned road? Mr. Adams responded I believe so. We will check to be sure. SEVENTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Campbell seconded by Mr. Hueniken with all in favor the meeting adjourned at 2:10. r Michael Huen en, Assistant Secretary 13 AGENDA 1611 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Monday Heritage Greens Community Center January 13, 2003 2215 Heritage Greens Drive 1:00 P.M. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the August 12, 2002 Meeting 3. Consideration of Resolution 2003 -1 Approving the Statewide Mutual Aid Agreement 4. Continuation of Discussion of the Timing of the Last Lift of Asphalt on District Roadways 5. Staff Reports A. Attorney — continuation of Discussion of Acceptance of Deeds for Property Previously Dedicated by Plat to the District B. Engineer - Continuation of Discussion of the Timing of the Last Lift of Asphalt on District Roadways C. Manager — Financial Statements 6. Supervisors Requests and Audience Comments 7. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription cif meeting minutes. Thank you for your assistance. r Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 027769 58582810 NOTICE OF MEETINGHER State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 01/06 AD SPACE: 62.000 INCH FILED ON: 01/06/03 Signature of Affiant Sworn to and Subscribed day of Personally known by me V-Z: . `. /I LX/l-" f t "' O,nnz Chesney 2003 1b11�1 RESOLUTION N0.2003 -1 16 1 1 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, APPROVING THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, on January 13, 2003, the Board of Supervisors of the Heritage Greens Community Development District approved an agreement with the State of Florida, Division of Emergency Management, concerning the Statewide Mutual Aid Agreement; and WHEREAS, the Florida Department of Community Affairs requires an independent special district to participate in the Statewide Mutual Aid Agreement to be eligible for funds under Administrative Rule 9G -1 9, Base Funding for County Emergency Management Agencies and Municipal Competitive Grant and Loan Programs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, THAT: Section 1: The foregoing `WHEREAS' clauses are true and correct and are hereby ratified and confirmed by the Board of Supervisors. Section 2: That execution of the attached Statewide Mutual Aid Agreement is hereby authorized, and the Agreement is hereby approved. Section 3: This Resolution shall become effective immediately upon its passage and adoption. 1611 'A ADOPTED by the Board of Supervisors of the Heritage Greens Community Development District, Collier County, Florida, this 13th day of January, 2003. lamoogzk !91- - Jam P. Ward Secretary District Counsel BOARD OF SUPERVISORS HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, FLORIDA Reinders This instrument was prepared by and should be returned to: Daniel H. Cox, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 8o1 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941)597 -2814 CONSENT TO USE EASEMENT AREA THIS AGREEMENT is made this day of 1611""? 2002, between HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT, whose address is c/o Severn Trent Services, 210 N. University Drive, Suite 702, Coral Springs, FL 33071 (ADistrict @) and COLONIAL HOMES, INC., a Florida corporation, whose address is c/o Fort Myers /Naples Division, 126o1 Westlinks Drive, Unit 7, Fort Myers, FL 33913 (AColonial @). Recitals 1. District is the apparent record owner of (i) a twenty foot (20') landscape easement located along the easterly boundary of Lot 74, Block B, Heritage Greens, according to the Plat Book 28, Page 78, of the Public Records of Collier County, Florida; and (ii) a twenty foot (20') landscape easement located along the westerly boundary of Lot 74, Block B, Heritage Greens, according to the Plat Book 28, Page 78, of the Public Records of Collier County, Florida (collectively, the AEasement Area @). 2. Colonial is developing a residential community within Heritage Greens, known as AHeritage Links.@ 3. Colonial desires to use the Easement Area to install and maintain an entry feature, including monument signs, landscaping, and associated infrastructure and improvements. 4. District is willing to consent to Colonial =s proposed use of the Easement Area. NOW, THEREFORE, in consideration of the promises herein and other good and valuable consideration, District hereby consents to Colonial =s use of the Easement Area for the purposes described herein, and under the following conditions: 1. Consent is hereby given by District to Colonial to install, maintain and utilize entry features 1611""1 within the EasementArea, consisting of, but not limited to, monument signs, landscaping and associated infrastructure (AImprovements @). 2. Owners hereby accept this Consent to Use Easement Area with full knowledgeof District =s prior rights and existing facilities. This Consent shall not be construed to reduce or diminish District =s prior rights in any way. 3. Improvements located within the Easement Area shall be constructed in accordance with plans approved in writing by District and utilized and maintained as to not, in any way, prevent the safe and uninterrupted access to the easement and operation of the facilities of the District. 4. District will have the right to remove any part of the Improvements as may be reasonably necessary for the purpose of constructing, maintaining, repairing, altering, replacing, or removal of its facilities as determined by the District. The District shall not be liable in any manner for damages to, or the cost of replacement of, all or any portion of the Improvements and Colonial hereby assume all risk and expense involved in the replacement or reconstruction of same. 6. Colonial hereby indemnifies, saves, defends and holds harmless District (including, without limitation, District =s officers, employees, agents, nominees and residents) from and against any and all losses, damages (including, without limitation, any and all consequential damages), costs, charges, expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bounds, bills, covenants, controversies, agreements, promises, variances, trespasses, executions, and liabilities (including reasonable attorneys= fees and costs at all levels and/or negotiations) whatsoever, at law or in equity, whether in tort, in contract, or otherwise, which may be asserted or recovered against District (including, without limitation, District =s officers, employees, agents, nominees, and residents), whether asserted by suit, proceeding, defenses, counterclaims, set -offs or otherwise, resulting from Colonial's, its successors or assigns (including, without limitation, their invitees, licensees, franchisees, guests, lessees, employees, agents and nominees), use, enjoyment and occupancy of the Easement Area. 7. Should Colonial fail to maintain the Improvements consistent with the plans approved by the District, District shall have the right after written notice to Colonial and ten (10) days opportunity to cure, to (i) affect repairs or maintenance to restore the Improvements to the approved plans, whereupon Colonial shall reimburse District for all costs incurred within thirty (30) days of receipt of an invoice from District for same, or (ii) remove the Improvements and terminate this Agreement by recording a Notice of Termination in the Public Records of Collier County, Florida. 8. All of the terms and provisions of this agreement shall be binding upon and shall inure the loll +1 benefit of the heirs, successors and assigns of the parties hereto. 9. It is mutually understood and agreed that this agreement, as written, covers all of the agreements and stipulations between the parties and that no representations or statements, oral or written, have been made modifying, adding to, or changing the terms hereof. IN WITNESS WHEREOF, the parties have caused their names to be hereunto subscribed this day of , 2002. WITNESSES: COLONIAL HOMES, INC., a Florida corporation Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF an Print Name and Title The foregoing instrument was acknowledged before me this day of 2002, by as of Colonial Homes, Inc., a Florida corporation, on behalf of the corporation. He is [_] personally known to me or [_] has produced as identification. Print Name: NOTARY PUBLIC Commission Number: WITNESSES: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF 1611 1 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT James Reinders, Chairman The foregoing instrument was acknowledged before me this day of , 2002, by James Reinders as Chairman of the Heritage Greens Community Development District , on behalf of the District. He is L] personally known to me or [_] has produced as identification. Prin[ Name: NOTARY PUBLIC Commission Number: F: \users \dhc \rba \heritage greens \Consent to Use Easement Area- Colonialmpd r� V Lea fu �J L I 0 z w O J W Z 57 O U K, E .di sV C LL C 0 0 N M .fl 47 V 0 l M co O i N O O m Ci Q1 r-1 O O N N U a o F N O H M H N w� x o� � c wv U C z� a -o 4 o sa I R. 0 W 0 z w �nza z w rC w r� a z 0 w . 0 i, o 9 +-i 1-1 M H LI w a0 x00 1511'1 O O N N rn rn ri ri O o N N N O O O O O O O O O M Ln O O O O O O O O M O OO O O0000.--i r 0000 O . . M . o1 N . . . . . . . . . . . . . T O O O O O O O O O N .--I . . . 0 0 0 0 O N . w 01 N V• Ol w O W O Q V• r r V 6l LO O 0) M M M W r m O O rl N m F H z U F W z> z 4 0 ", pQ4 w z > a W r� �z1'a�1 UU)04P4 > >H�C4 U �C U W H W O z z a W H CQ �a W 0 W ::3 E, W a> z0 m0Zcn:n4 awx A H co E. P4 az u W W W z D� W W W E rQ W4 1 I r-00 D oa D >xww w xa+ W W E-H W WtoEcncn FC�E W U W cAP]OAi-7rnzEE P, POU Q crj< r4 0 0 0 0 0 0 n£: H MOO a I 1 I P4 ix 04 P4 P4 P4 W EE z00 W F.l Ga f, CP G+ C+ D(n cn DHE rn oUWwv wwwwwwwwwu>> a U U U OQQ QQ r.4 H mc) W D A-i ri ri H u1 r N ro i a4 i4 vi ro a a N (0 ro a U U U) b v c �+ ro •rl U H fA -4 q ro m 4J 1 ro +) Ul A .-I -ri 4-j Vl ro ro a 00000000000 i/J C> CD. H O -I-i O Pq ro .-i 'A O o 0 0 0 0 0 0 0 0 0 0 C) O O O O a o U -Q -A N M O H N N O .- I r l N M O' i N O .- i T i A 000000000000 m o00o ro o � ro 000000000000 4J 0000 4j o r14 u a 0 0 0 1) 1 -4 H N r r M E rl Ei H •-� (D OOMMMMMMM Ul U7 OOO VT r 4) ro N N N N N -P J-) 01 O 0 0 0 0 CD 0 0 0 0 0 CD 0 0 0 0 0 O Pti E- C) O O O O O O O O O O O O O O O O m M 0 N O O V� .-i O O a n F Z O1 b W y 4J C N Sa N � O U \ H M C N N ri U1 � 1 - I to O Un C w a� rov C o N -rl 04 u x 0 41 11. w N 0 a� w C N W W Z z w W a U' W C7 E H a. w x Ll z a w a w z w r-i O O O O �a C a � v w ra 7 w W O op Jj v U� W Q F I Q I E 41 C O i C Q1 ', S1 N U ro C UJ U1 or dp dp 1*0 dp dp 6p O M r O d CO N M O M Cl) .-4 07 Ol C` 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O O O O O fM 0 0 M O O N N O N M Ln 0 0 0 0 m 0 0 rn oo.-ior o ao O O(- CD m C) (D w lD a o r-I CD M M M Oornocnoo r O O u l O r O O M OO r-i ONOO V' kJO r N CSC O O M M H W z> ox OW U Cl) U W FCC a m H as ax z Z a O N O [n H D m H a a W 1 I W a H U) > E 000wz C]UUUaO W x z z z U x H H N z O 14 u O U) 0 0 X P, H wwW Wun0 N%Pc%marx Ixwwwwww P:EEFUq >x U H H H< n O 0 0 0 0 0 0 0 00oo0oLn O ri N M . rl r-f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O r1 -1 .-I M kD lD M M m M M M M 0000000 0000000 W z W a a Kc H O F 1611-14V y M O N O CD c H rn N O O N u 1 N b� E W 0 E ro is 00 G v u SJ N � O U � H M G N v H v U it G ro m G v w rob G 0 v ..4 au k Ul f4 04 w L4 N Cou G G N N C4 to z w W U W C7 E H 04 W x CQ w 0 dp J� N LT Q z D W ar� rx w z w U r1 O O O 0 '0 4J G Cl, ,7 N W G1 1 E 1 Q E I a> G 0 G N Li LI G U 0000 00 0Ln0 in 0000 r00 N O 0000 00 OU)O v'0000 MOO O M O O O O O O O O O 0 0 0 0 0 I -1 O O v r o + vW OD -4 a1 r-i O 1 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 O O O 999 O O O O O O O 99 O O O O O O O O O O O O O O O O O C) C) O O 00 0 00 0 0 0 0 0 O Ln O M al 000 M M M O O O O O O O O O O O O O k o a J r 0 N N N O O Ln O Ln O C O O al O O U) M v r1 Ul to in Ln io vi o + ui + m ri of ai ai M r r r OOO OOOOOOO N C> (D N C) CD O(D OOOO U) O ri a) r-f 0000000000 Lfl C! O Ln0000 otr OO r O O m o 0000000000 to C, CD x1000 C> 0-4 U) (D A O o �o 0 N Ol r a\ O1 H Ol al v' OD i I 000000000000000000000oLn0 Ln r Ln O O O O O O O O O O O O O O O O O O O O O O r 0 r M r- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -4 0 1-4 v -4 a1 a1 rn rn -IV v o vv m m �o m r r M r I I I m m o w o H H H ul HE�-jI a E CO lO-I [mil Ul tw., U H O QY a< U QIW-IE m Ulw rn O W U1 W O to z 0 U ttO W D4 N > a H W U 13� w H Ul U At H U) U] UJ P'. W a FC, W H W UI Vl W U) z z G W W 000 r•C Huln:z W UIr•CrS N w W C4 W Ul GL' f>' W EzOO m CL D Ixw UW a C4 W PHazHEE x Ul E E W UI z U) w C7 W 04 U E QC W U W z w z w W W H W w W z> X W 4 U Z O U W W W w wlxfxz U UHCa Waz}�Hwzz O W r.0 W W W W O W Z ErzC aHEa0HH W W W WExUHa z W0xW.. zEr�+Er� prOQpr�4 fy'H W H4�M W W EzEDO<HrU�G, U) 04 UI EfY. W' pq <MrS, HrW-7 wUH0.Oia W HUaoFHO aoUo0 OOOo Ln 00 o Ln O 00 o o o 0 o o ul o o m o0 fir• -I NMM VT" -i Ori M V'to r m r-i riNM V' a w H.-i MMMMMM V' -T -w w w C rU1 m to n ul Ln Ul U) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 H ri M M M M M M M M M M M M M M M M M M M M M M rl N M M M M v' 61 01 a1 (3l al al 0• 01 al a1 al al 01 al al al Cl rl H r1 r--1 r1 H H H r-I H r 4 r1 H H r-I H ri H H -4 r-I H ri r A U) Ul Ln u) U) Ln 0 to in Ul 0 ill U) Ln Ln Ln Ln N Lo in Ln Ln in ul 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 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W z w a X W O E � U) w W a w K4 KC 0 0 E E D D W W 1611 1611 "1 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: April 10, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. PORT OF THE ISLANDS COMM UNITY IMPROVFMFNT DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Port of the Islands Community Improvement District, has submitted the following: (a) Minutes of Meeting held on January 17, 2003 (b) Minutes of Meeting held on February 21, 2003 (c) Financial Report dated January 17, 2003 (d) Financial Report dated February 21, 2003 Thank you Misc. (joF res. Dote. \speciallspecial Ccp'ics To: Port of the Islands 16 11 J Community Improvement District March 25, 2003 Memorandum To Reference: From: 210 N. University Dr., Suite 802 — Coral Springs — Florida 33071 (954) 753 -0380 — (954) 753 -6183 fax Clerk of the Circuit Court c/o Derrick Johnssen 2671 Airport Road, Court Plaza III' P.O. Box 413016 Naples, Florida 34112 -3016 Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administration Building Naples, Florida 34112 David Black Hoch, Frey & Zugman 4875 North Federal Hwy., 4th Floor Fort Lauderdale, Florida 33308 -4610 Tim Stephens Port of the Islands C.I.D. 12600 Union Road Naples, Florida 34114 RECEIVED MAR 2 7 ?0n3 +:W4ANGE DEPT Minutes of Meetings held on January 17, 2003 and February 21, 2003 Craig Wrathell Manager Enclosed for your records, please find a copy of the minutes of meeting of the Board of Supervisors of the Port of the Islands Community Improvement District as referenced above. Should you have any questions or comments please do not hesitate to contact Jennifer McConnell at 954 - 796 -6638. /jm ,y •a MINUTES OF MEETING 1611 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, January 17, 2003 at 10:00 A.M. at the Egret Room, 25000, Naples, Florida. Present and constituting a quorum were: Richard Gatti Chairman Bernard E. Wolsky Vice Chairman John Robinson Supervisor Richard Burgeson Assistant Secretary Ted Bissell Assistant Secretary Also present were: Darrin Mossing District Manager Dan Cox Attorney Ron Benson, Jr. Engineer Tim Stephens Field Manager Craig Wrathell Severn Trent Marlene Marchand Resident Several Residents FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called the meeting to order and Mr. Mossing called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the November 15, 9.002 Meeting Mr. Gatti stated that each member of the Board had received a copy of the minutes of the November 15, 2002 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Wolsky seconded by Mr. Bissell with all in favor the minutes of the November 15, 2002 meeting were approved as presented. I January 17, 2005 Port of the Islands Community Improvement istrict THIRD ORDER OF BUSINESS Continuation of Marlene Marchand's Request Relating to Payment of Two Water and Sewer Utility Accounts Mr. Gatti stated this item should read for sewer utility account, as she is not asking anything regarding the water. We have forgiven some of the sewer problems in the past. The normal bill in that area is about $700 a month. It went up about $2,500 a month. She paid her water bill and is now asking for a break on the sewer bill because there was a water main problem. Mr. Wolsky stated I believe Mr. Cox was going to research whether this is within the purview of the CID to forgive bills like this or not. Mr. Cox stated you have the discretion to do that, based on competent, substantial evidence. Mr. Wolsky stated we have been told that it is not within our capability to forgive water bills that go through the meter. Mr. Cox stated regarding the metered water bills, they show that water was delivered to the property. That does not imply or prove the water went through the sewer. Mr. Wolsky stated in the past, we gave Ms. Marchand forgiveness of the water bill as it was deemed negligent on the part of the CID, that we did not send the bill to the correct address. She had a leak in one of her lines, and the water bill was accumulating higher and higher. If she had received a previous notice at her correct address that the bill was so high, she would have addressed the problem. The Board accepted the fact that our District managers did not•send the bill to the proper address, and that we were negligent in that instance. We made a deal with Ms. Marchand to forgive half of the debt. I now make the argument, that by not having proper staff, Ms. Marchland was negligent on her side and should accept responsibility of this part of the bill. If we forgive the bill for Ms. Marchand, the rest of us have to pick up the balance. I am against forgiving the bill, but it is up to the Board. I suggest we resolve this issue, however the Board wishes to do it and then adopt a policy today on this issue. Mr. Cox stated that type of policy would affect the substantial rights of the members of the jurisdiction of the Board of Supervisors and would have to be adopted under the rule making provisions of Chapter 120 of the Florida Status. That requires certain notice publication and promulgation of the rule, opportunity for public comment on the rule, and then adoption by the Board. Under Chapter 120, when the Board makes decisions that affect a substantial interest of their constituency, you can do that two ways. One way is through the rule making process. Also, based on competent, substantial evidence, if the situation warrants your discretionary exercise of that power to do so by adopting a rule, staff can administer issues like this. 2 January 17, 2009 Port of the Islands Con1t y,mlovem ` Distri1 ct Mr. Gatti stated that this is more complicated then I had presumed. I want to -take this out of our hands. It should be something that staff can use as a guideline when encountering this situation. Mr. Wolsky stated if you forgive water that does not pass through the sewer system, you must take into consideration that a number of people in this community have swimming pools. Water, by evaporation does not go through the sewer system. There must be built into this a provision that swimming pool owners get a certain discount. Mr. Cox stated routine evaporation does not amount to more than a couple thousand gallons a month, which is only around $5. Mr. Mossing stated the rates are set. The sewer charge is only 80% of the water, so it is not gallon for gallon as the rate structure is set up for. You can have some comfort that the rate structure takes into account that certain waters will not come back through. Mr. Cox stated you could build into your rule, a procedure whereby if someone -needs to refill their pool, a mechanism for reading the meter before and after they refill and then deducting that out of the sewer portion of the bill. That is why it is open to public comment, so you have the opportunity to consider every potentiality that rule might apply to and address it at that time. Mr. Gatti asked is it difficult to develop a rule after we make a decision? Mr. Cox responded no, but the timing of it is that we have to develop a rule and publish the intention of adopting this rule. Mr. Gatti stated I would like us to resolve this matter today and then adopt a rule for future use. On VOICE Vote with Mr. Bissell, Mr. Robinson, Mr. Gatti and Mr. Burgeson voting aye and Mr. Wolsky voting nay Ms. Marcharnd's request to be forgiven the sewer utility account with the stipulation that she is responsible for a normal amount of usage for the specified time frame was approved Mr. Mossing stated I have created a 12 -month history of Ms. Marchand's average water flow for purposes of calculating this sewer charge and recalculated the bill. If it is the Board's pleasure to offer the credit, I have a calculation that conforms to your motion. Mr. Gatti asked how far off was the bill? Mr. Mossing responded I calculate almost $1,200. That is charged her under account #008701 for 417,000 gallons of water. What she agreed she would pay for the water was $971. For the sewer I took the last twelve months, divided it by twelve and came up with an average of 3 January 17, 2005 Port of the Islands Communit Improvement istrict 51,400 gallons a month. That is average use over the last twelve mont S. I a so applied the sewer charge of $196. Mr. Gatti asked how much are we forgiving on that account? Mr. Mossing responded approximately $1,400. On VOICE VOTE with four voting aye and one voting nay prior motion was approved. Mr. Gatti asked is it the Board's intention to discontinue the forgiving of these bills? Mr. Burgeson responded common sense states we had a water break, she is paying the bill, and it is not going to the sewer. If the same thing happens and you can prove there is a water break, we would do the same thing we did here and forgive the sewer portion of it. Mr. Robinson stated we must take in to consideration that people who live here will have to pay for that. Mr. Bissell stated when the workers go out to read the meters, if they notice a discrepancy like that, they should notify the hotel. Mr. Stephens stated we say something if we catch something. Ms. Marchand stated it was the summertime, so we cannot tell where there was standing water. They were in two areas where you can have quite a bit of standing water. Mr. Robinson stated this happened to the hotel and nothing was forgiven on it. We had a water break and because it was the rainy season, we were not notified until they found the leak. They did not know where the leak was. Mr. Gatti asked is the Board of the opinion that we should make an individual judgment in each situation. Mr. Wolsky stated I think there should be part of this rule we are making that takes into account whether the person who has the leak was negligent or not. Ms. Marchand said she did not have sufficient staff to catch this. Mr. Gatti stated what we are saying is not to make a rule, but an individual judgment on each case. Mr. Mossing stated any future special consideration sewer credits come to the Board for consideration on a case -by -case basis. Do you approve of that? Mr. Gatti responded yes. Mr. Mossing stated the only problem with making a rule is that it ties your hands. You have to spell out in the rule any special circumstances in black and white. Mr. Burgeson asked what is the difference whether I run my pool constantly or if there were a break. One is under human control and one is a breakage. 4 January 17, 2003 Port of the Islands Community Improvement District Mr. Robinson stated that is like the hotel case where 1 Otel Ike a ' ran olit underneath the pier. Mr. Gatti stated from this point on, staff is directed to bring these issues to our attention. Mr. Robinson stated we have been forgiving. When someone fills a new pool, we have not been charging any sewer for that. If they call us up, we go read the meter, and then we forgive that. Do you want us to continue that? Mr. Wolsky stated in most cases, you should consider that and continue to grant a reduction because that water does not go through the sewer. Mr. Gatti stated that is a reasonable exception. We will proceed on that basis. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Gatti asked will you give us an overview of our status? Mr. Cox responded we held the evidentiary hearing this week. Everyone was well prepared and presented their cases well. We will have 20 days from the date the transcript is filed to present to the judge our recommendations for findings of fact and conclusions of law and to file our memorandum in support of our recommended facts and conclusions. The judge will then take that under advisement and issue a ruling within a month or so. We are three to four months from having the judge's decision in hand. Mr. Bissell asked why did we get the depositions from one side of the case, but not the other? Mr. Wolsky asked did we get notice that these people were going to be deposed? Mr. Bissell responded they questioned Mr. Bernard and the experts. Mr. Cox stated the plaintiffs filed a Motion for Summary Judgment that had a lot of quotations from the depositions contained in the motion. The judge ruled on the motion before our answer was due, so we did not file one. The judge set this for trial and we are not going in for Summary Judgment. Mr. Gatti asked are you telling us we will not know anything for three or four months? Mr. Cox responded that is it. B. Engineer Mr. Benson stated the drainage issues have been dealt with, specifically the one by the marina and the one by the North Hotel. There were some other questions by the Board as to whether the CID should take over the responsibility of the Stella Maris drainage system. I was asked whether there were any reasons that the CID would not want to do this. By taking on the 5 January 17, 2003 Port of the Islands Community ImpWvement District responsibility, you would then take on the maintenance from now bfi hl is t urren 1 t y the responsibility of the HOA. There is a potential, additional maintenance cost. It is your decision as to whether you want to have the entire drainage system. It makes sense in some regard because they are connected in some areas. When the main road for the Cays was constructed and the single - family area was developed, the drainage was put in for that road and for the single - family area. The CID has maintained that. These documents have to go to Collier County for approval and it must spell out the plan, It was indicated on the master drainage plan at that time that the other areas, Stella Maris and the Commercial Area by Route 41 would be done later by the developer. It also indicated that the areas to be developed would drain through their own drainage system and discharge to the Falcon Union Canal, whereas the road drains to the lakes and the single - family area drains to the canal. Anything west of the road goes through the canal through water management structures. Anything to the east of the road goes to the ponds. The areas were developed. When the County approved the plat and other documents they asked who was going to be responsible at the time it is platted, saying the homeowner's were responsible. It is your decision, which way you go. As far as potential areas that need attention, like any system, you may have to ditch out the swales as they gradually erode in. This maintenance keeps them operating as originally constructed. One area has been discussed over the years and that relates more to the CID's road to any one development. At the Stella Maris entrance, on the south side of that road, there is a catch basin and a pipe across the Cays Drive that goes to the pond. On the southeast corner there is a gutter and it continues along the road to the catch basin along the side of the road. For the other roads in the Cays, the water goes to the catch basin and then it is transported across the road and through a pipe into the pond. One area that would be an improvement to the CID's drainage system would be to put a catch basin on the northwest corner of the road leading to Stella Maris. This will improve the drainage along the road and the potential of impacting Stella Maris. It has been requested through some of the people who live at Stella Maris. Mr. Bissell and I talked about it. It is reasonable to me, from looking at the plans of the original construction of the road, that this would be a reasonable improvement to your system. Mr. Gatti stated you mentioned our taking over the maintenance of the Swale system. Mr. Benson stated that is a separate issue. Mr. Gatti asked do you have to have easements for all of this? Mr. Benson responded yes, you would need a transfer of an easement from the HOA to the CID. Mr. Cox stated you would do an assignment of dedications from the HOA to the CID. me January 17, 2003 Port of the Islands Co u ity lrr*rov4lq&4 District I Mr. Gatti stated the swale- involved runs along the entire sea wall. It then goes out to the water at certain points. Mr. Cox stated first you have the pond at the entrance of Stella Maris, then the swale going all the way around. Then there are individual pipes in various places along the sea wall. Mr. Benson stated I am not sure those are connected. Mr. Gatti stated I am trying to get a picture of what we are taking on. I will present my opinion to the Board and they can decide from there. In a community, the roadways and the storm systems are typically a municipal function. It is difficult to say that when we get storm water runoff from our roadway system that goes across someone's property, that it is the property owner's problem. The CID has the facilities and knowledge. If you have a storm water problem, what do you do? The other perspective is the question of easements. We will need accessibility of some predetermined kind and proceed on that basis. The main concern is when we take on the swale system are we taking on the maintenance of the sea walls. That is a major problem. Mr. Wolsky stated in line with that, are there any other properties for which the CID is not responsible for the drainage as in this case. Why are we not responsible for this in the first place? Was there some reason we declined to take responsibility or was responsibility just not offered to us? Mr. Benson responded one, the drainage from the CID road goes to the swales at the back of these houses. You have current responsibility for other swales behind the finger streets in the Cays. Mr. Burgeson asked is the CID responsible to maintain those swales behind all the single - family homes? Mr. Gatti responded we have repaired three blowouts through there because the swale system did not work. Mr. Burgeson stated it was my understanding that was given to the homeowner when they bought the lot. Mr. Gatti asked if we are responsible as homeowner's, why are they not responsible for the blowouts through the sea wall? Mr. Cox responded the plat of Phase II dedicated the easements for drainage purposes to both Collier County and the CID. If you have an easement, the owner of the underlying property is not responsible for maintaining that easement. The CID would therefore, be responsible for maintaining that for drainage purposes. Mr. Wolsky stated just to make things fair, if we are going to be responsible for the sea wall in taking this over that is a major problem. FN January 17, 2003 Port of the Islands Community Improvent District ,.1 Mr. Burgeson stated the HOA purchased the sea wall an n6eil et g y havb reserve funds to take care of the sea wall. Mr. Cox stated you will have a lawsuit the first time they think the drainage caused the failure. In order for you to take responsibility, first you have to have an assignment of the responsibility and rights from the HOA to the CID. That assignment can be accompanied by an indemnification in favor of the District from the HOA. They set up an L.O.C. Mr. Burgeson stated they did, but now it is merged. Mr. Cox stated we get satisfaction if we are getting the indemnification from the appropriate parties. That will not prevent an individual homeowner from suing you, but in that event we could then turn the lawsuit over to the HOA as their business. Mr. Robinson asked are there any other parcels of land that are not? Mr. Cox responded I have reviewed all the plats, but cannot tell you which areas the CID is responsible for without looking at my records. You also have Parcel 5 that is condominiums and I would have to review those documents to see how it is addressed. We have not been given any easements to do that in that area. When you have a Condominium Association taking care of it over here, the HOA takes care of this over there, and the CID here and there, not only do you question who is responsible for what, but inconsistency of maintenance. You might have some who let theirs go and you have no right to enforce them. Mr. Wolsky stated this is one of the primary reasons for a place like Outdoor Resorts of America. The federal government would not give approval to build that resort there unless the developer took responsibility for the maintenance of the sea walls. Individual owners will not want to worry about the sea wall. Mr. Cox stated maintenance is included in the condominium documents, so they can be enforced. Mr. Robinson asked is there a master association over the whole development? Mr. Cox responded I think it is defunct. The last time I checked there were no annual renewals with the Secretary of State. If anyone was interested in reactivating that, it is very simple. Mr. Robinson stated it has grown so much that everyone should consider activating that master association that takes care of the community. Mr. Burgeson asked who is responsible for the swales and the other fingers? Mr. Gatti responded it varies. Mr. Benson stated in the streets that have the fingers, those are CID drainage facilities. The roads that have the swales along the side are interconnected into the drainage system through most of the community. In areas like Sunset Cay, the drainage from the CID roads did not go through their system. That may be one distinction to make. Where the CID's road 8 January 17, 2003 Port of the Islands Community Improvewnt istrict 611 drains into the swale in Stella Maris and the Cays and the back of those streets drain - into the swales at the back of those lots. Mr. Burgeson asked if there were a blowout in one of the other fingers, would it be the CID's responsibility or the homeowner? Mr. Wolsky responded if we are going to take over the sea wall and Stella Maris and be responsible for blowouts or problems there, I want to be part of that system too and not responsible for the lots on my swale. Mr. Gatti stated if we take over the maintenance of the sea wall, we will be buying into a huge problem. wall. Mr. Burgeson stated I do not think you would be taking over the maintenance of the sea Mr. Gatti stated in Stella Maris we took out the swale and put in a pipe so you have a direct effluent flow right on the sea wall that is eroding behind the sea wall. Now we have a sea wall problem. That water comes off of our roadway and creates a major sea wall problem that will get much worse if someone does not address it. How do we take over the storm water and not take over the responsibility of the sea wall? In Stella Maris, the storm water is not a problem; it is what it is doing to the sea wall. If we say we are going to take over the storm sewer I do not see how we can escape buying the sea wall problem. Mr. Benson stated in the older section, all the drainage is in the front of the house and we can get to it. Over here it is in the back and you cannot get to it to work on it. Mr. Gatti stated if we did this, we would have to have easements throughout the entire community to allow access. That gets pretty involved. Mr. Burgeson stated in the Stella Maris complex there are easements in the master homeowner's document. The contractor had it before it was turned over to the homeowners. Mr. Mossing stated some Districts have assessments for reserves that go to specific properties and benefit only those properties. If you end up taking over the drainage and assume the responsibilities of the sea wall, perhaps that could be part of the arrangement. That could be evaluated by an engineer and reserves are set to fund future replacements, evaluate the damages and a special assessment is set as part of the annual budget on those property owners, relating to the sea wall. Mr. Cox stated some of that was installed by our bond proceeds that were apportioned only to the abutting properties. Mr. Gatti stated we are not going to resolve this problem today. Do we have a specific issue we must address over there? Mr. Benson responded the drainage along the valley gutter along Kings Drive. At each point where there is a road off of Cays Drive, the drainage on either side of that road goes to a E January 17, 2008 Port of the Islands Comm un ity Im royeinent District cat .d. ? I 4! catch basin. That goes to the lower ponds in the retention areas. At Stella aris ther "s a catch basin only on one side. One way to address this would be to put a catch basin on the northwest corner and pipe it through. Mr. Gatti asked can we do something like that? Mr. Stephens responded no. Mr. Gatti asked can you get someone to do that? Mr. Stephens responded yes. Where do you want that to be piped? Mr. Benson responded it would have to go across Stella Maris. Mr. Gatti stated Mr. Benson will draw something up with the Board's approval. This is definitely a CID problem, is it not? Mr. Benson responded it is your valley gutter. Mr. Burgeson stated when that road was engineered and those gutters were put in, that was to drain the roads. When construction commenced, we had the walks, the driveways and halfway down your building, the water comes forward to the street. That goes down the gutter, the water builds up, comes around the corner and is filling up that pond. It is going into the drainage behind the Villas. Mr. Gatti stated first, we must determine whether there is a problem. Would you make a recommendation? Mr. Benson responded I will make a recommendation along with costs. Mr. Gatti asked is there something else we should address? Mr. Bissell responded no, the problem is solved. Mr. Cox asked do we have any direction on the back drainage issue? Mr. Gatti responded no. I do not have storm water problems where we live, but our sea wall is a constant problem. I have spent $10,000 on my sea wall in 13 years and I do not have a storm water problem. This is a serious activity and if we take that on we are buy a big problem. Mr. Burgeson stated the HOA has a reserve fund for the sea wall and I do not believe that the residents of Stella Maris will have any problems with a reserve fund put on by the CID. Instead of paying it to the homeowners, we would be paying it to them. Mr. Gatti stated that deals with Stella Maris, but we are looking at all of the sea walls and setting a precedent for what we do throughout the community. Mr. Cox stated we should first get a grasp on exactly where the responsibilities are. Mr. Gatti stated that is a good place to start. The storm water is a natural function for a municipality, but as it ties into the sea wall, I am seriously concerned. Mr. Burgeson stated when they purchased the sea wall, they put posts all along it and people had docks. There were additional posts put in and the docks are tied to those posts. All Its] January 17, 2003 Port of the Islands Community Im rove rent Dist .4 1' � of that is holding the sea wall in. When you get to the other part, there is' not ing ho ding that wall. I want you to be aware of these issues. Mr. Benson stated I do not suggest that the CID take on the sea wall. Mr. Gatti stated I understand, but you must see our position. Mr. Benson stated we have gone over a lot of documents to determine the ownership and easements throughout the District. The drainage system is almost fully sorted out. We have had to make some assumptions, but if the CID built something and has an easement on it, they probably have to maintain it. We will return after meeting with a map clearly delineating what it is and what is the status of each area. If there are any questionable areas, we will mark those as such. Mr. Gatti asked what are the implications of taking this over? Mr. Mossing asked do you have any update on the grants and the irrigation system? Mr. Benson responded I have not heard anything from the Big Cypress Basin, but I will call them to ask about the status of their review. As far as the permitting with the DEP, we are in the middle of two activities. One is the approval of a minor modification. We started this process a long time ago. We are also now into a renewal of your permit which happens once every five years. I have a request for a check, which I need as soon as possible. That is the renewal parcel. I have tried to clarify this with the DEP and we would like the minor modification as soon as possible even though we are in the middle of this renewal process. I have documents that need signing relating to the renewal. We received that other extension from the Water Management District on the first grant so we have until the end of June. Hopefully we will get this other grant before then. The key is to acquire all the equipment and install everything within the funds available and that will be a challenge. C. Manager — discussion of District Website Mr. Mossing stated at our last meeting, I was working with Mr. Wolsky regarding establishing the District website. We have established a basic website on which we are downloading the minutes from the meetings of the past year. I researched the potential of expanding that website. One of the things we can provide on that website are access to people's utility billing accounts, access to their assessments on their units and all of the public records other than the minutes. There are numerous options, whereby we could add and expand the website. Right now the website is piggybacking off our Coral Springs Improvement District and North Springs Improvement District. I was wondering whether the Board had a desire to expand. Mr. Wolsky stated before you make this decision, there are a number of issues. First we need a cost estimate for the addition of each of these expansions. Secondly, it is my experience 11 January 17, 2008 Port of the Islands Community Improvement District that a lot of people say they want a website, but very few peoplIsL. I1`_ake' it cost- effective and see if it is feasible, is there some way you could put a counter on there of how many hits we have on the Port of the Islands? Mr. Mossing responded I am sure we can do something like that. Mr. Wolsky stated this way every time anyone accesses the site they are registered. Mr. Mossing stated for your own website it would cost approximately $4,500 to set up. To maintain it, with all the links and responses that go to the Board members, there is significant maintenance and management relating to the website. It is a $4,500 setup fee and is around $150 to $250 a month to maintain it as a stand - alone. To put only the minutes on the existing site, there is no maintenance fee. Mr. Wolsky stated it seems that just making the minutes available is the most that we would want because of the cost. I have offered my CD with all the minutes, if people are interested and nobody is interested. We must be realistic. Mr. Mossing stated if the Board is content with what we currently have in place, I will come back to this issue. There have been no charges to date, except a possible setup fee. There will be no ongoing maintenance to put out the monthly minutes. In June I will be moving to Tennessee and I want to take this opportunity to introduce Mr. Wrathell who has been with Severn Trent with five years and has spent the better part of that as a manager for the City of Marathon. He will be assuming my management responsibilities. D. Field Manager Mr. Gatti asked are people bringing any irrigation breaks to your attention? Do we fix them? Mr. Stephens responded it depends on the situation. If it is a main line, we do it. If it is after the meter, Big Cypress fixes it. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Wolsky stated I was notified about the last meeting being cancelled by Mr. Bissell who gave me a copy of a memorandum that Mr. Mossing had faxed. I have asked in the past that if a meeting is cancelled that you notify the Board members by e -mail. Can we make that possible? Mr. Mossing stated I should have taken care of that. Mr. Wolsky stated if I am traveling and you send me an e -mail, I will know that I do not have to come back for a meeting that has been cancelled. 12 January 17, 2008 Port of the Islands Com un. y Im ov e istrigt 0 �. * J Mr. Bissell asked whose decision was it to cancel that meetin . From oup information we received, there was a deposition to be taken on that day and was cancelled several days in advance, so we could have had the December meeting. That was a possible slip up. Mr. Cox stated even with the cancellation of the deposition, I would not have been able to attend the meeting. Mr. Gatti stated Mr. Mossing alerted me that staff would not be available for the meeting. I asked him whether there were any critical business we had to address and he assured me we could get by without the meeting and a gave my consent. Mr. Bissell stated we can only go by the communications we receive. Ms. Marchand stated I want all the homeowners to know how well the CID was represented by your attorney and the team of Allstate attorneys. They were very formidable adversaries. At the end of the trial the judge complemented the attorneys for their expert and orderly approach in providing the evidence. He stated it was a difficult case that was his honor to try. How do I convince the owner of the North Hotel that he has to do something with his road? He tells me that he called the District office and was told that they would look into it. A month has gone by. Mr. Gatti stated that gets back to whose responsibility that is. Calling Mr. Mossing's office is not the remedy. Even if they wanted to, they cannot do anything. It is not our jurisdiction "either. The jurisdiction lies with the County. Ms. Marchand stated I cannot spend my money to get that prepared either, as it puts me in a legal bind. Mr. Gatti asked what is the problem with the roadway? Do you have a perpetual easement to get to your property? Mr. Cox responded I have a copy of that. Mr. Gatti stated you must have a document that gives you the right to cross that property in perpetuity in order to access your property. The responsible party should be designated on that document. That does not fall within our jurisdiction. What is he doing? Ms. Marchand stated the new owner of the North Hotel has advised us that he is opening for business. I want to go on notice to the community that the people doing some of the work there have already caused some problems in my park. They do not have transportation and are often short of money and have been coming to the park to beg for money. We have an unsavory situation brewing. Mr. Gatti asked what is the business? Mr. Robinson responded it is a hotel. A resident stated he is renting to homeless people. 13 January 17, 2003 Port of the Islands Community Improvement District Mr. Gatti stated I sympathize, but this goes beyond the jurisdiction f lelbar4d . A resident asked can the Board put any pressure on "the County and identify those conditions? Mr. Robinson asked is the water turned on in that building? Mr. Gatti responded yes. Mr. Robinson asked do you think he has a C.O. from the County? Mr. Benson responded I do not think he has done anything. Mr. Gatti stated we will try and make some phone calls to determine what is going on. A resident asked does anyone know if the tax on arrears were paid upon the sale? Mr. Mossing responded Allstate instructed the District to direct assess certain properties and that is one of them. That bill has not been paid. I am surprised they are open for business. Mr. Gatti asked if he does not pay his assessment, can we turn off his water? Mr. Cox responded you cannot do that as long as he is paying his water bill. He will be noticed very soon. Mr. Wolsky stated last week there was almost a fatal accident because a man got into the wrong lane. We have a major problem with the markings on Route 41 out here. Can anything be done about that? It is a 60 mph speed limit that narrows down to one lane. People turning into Venus Cay turn into the right hand lane. I have been passed on the right hand side while slowing down to get into Venus Cay. Mr. Cox stated the speed limits are set by the State on the roads and they usually set it at 80% of the average speed. We can request the County to have that speed lowered. The resident could possibly petition the County Commissioner to possibly petition the State to reduce the speed limit or do some spot enforcement. SIXTH ORDER OF BUSINESS Approval of Check Register 11On MOTION by Mr. Bissell seconded by Mr. Wolsky with all in1l favor the check reeister was annroved. EIGHTH ORDER OF BUSINESS Adjournment E n MOTION by Mr. Wolsky seconded by Mr. Bissell with all in vor the meeting was adjourned at 11:00 a.m. Secre ar istant Secretary Chairman / Vice Chairman 14 1611'1 Port of the Islands Community Improvement District Agenda Friday Egret Room January 17, 2008 25000 Tamiami Trail 10:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the November 15, 2002 Meeting 1 8. Continuation of Marlene Marchand's Request Relating to Payment of two Water and Sewer Utility Accounts. 4. Staff' Reports a. Attorney b. Engineer c. Manager — Discussion of District Website d. Field Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Check Register 7. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News PORT OF THE ISLANDS 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 010948 58514481 NOTICE OF MEETING PO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 09/01 AD SPACE: 73.000 INCH FILED ON: 09/02/02 --- ----- -------------------- - - - - -. Signature of Affiant ----,Z- Sworn to and Subscribed eme Personally known by me day of 20.QQ r',W •u r Donna Chesney My Commission DD056336 Expires September 11, 2005 SENT BY: CSID /NSID -DIST OFFICE; 954 753 8784; Detail 8y 862r vice W WATER Account No Name Street 102 0087 01 OLDS FLORIDA'INV. LT PARK SOUTH ER JAN -15 -03 3:01PM; Date Consumed Sill Vmd Act : Dmd Chargo . Days 1/06/2003 76900 179.18; 29 12/10/2002 54600 127.2.2" 33 11/07/2002 650'0 15.15: 31 10/08/2002 417000 971.61:: 27 9/09/2002 8500 19.81? 37 8/06/2002 900 2.100' 28 7/03/2002 1100 2.56 28 6/05/2002 7500 17.4$,' 33 5/07/2002 85500 199.22: 29 4/08/2002 120000 279.60; 29 3/06/2002 113100 263.52: 28 2/05/2002 109400 254.9'0; 31 1/14/2002 100900 235.10.: 31 12/07/2001 58300 135.84; 29 F4 :IRRIGATION irs.SOMR`:-:: MoNATER F12 =Return 713=Xeter ft story Detail 611 Total 1,862.88 Taxes PAGE 1 Service Egan 9/12/199: Due 1/27/2003 Date Read S 1/02/2003 2/04/2002 1/01/2002 0/01/2002 9/04/2002 7/29/2002 7/01/2002 6/03/2002 5/01/2002 4/02/2002 3/04/2002 2/04/2002 1/04/2002 2/04/2001 FROM : FAX NO. : 9416425343 Dec. 05 2002 11:58AM P2 f'M, M : Cam's Pa.J FAr: NO. 11 61=. 39`3 s =30 i -iov. gib c5Wd 00:39PH PI 11""1 November 4, 2002 Memo to: The Board of Supervisors, Part of the Islands Community Improvement District Frain( Port of the blonds AV Resort WaterlS er_ Ub'hzatia_ x �Eillirsrp�r lee paid October, I received the wader and sewer bills for the �dber 1" 2002 service September 0. to period. All our accounts have been paid is full except for saeoaat 0 10- 0087 -01 and #102•o212.01. Partial payments were made on (Less 2 accounts as the bigl4p were thousands of times higher than the previous tno�eths billings and historicaAy, We rettelarly read the meters to cheek for iaeonsbtencies as well as checking for wet area, whirl: cart identity l"kL Usfortunutely, due to being shaft staffed -aud it being wet season, 2 very datnag leak s wear uanoticed for a perlOd Of dine. At prior CID Mcedap k was idmMed that the strict std wirer( recording such anbetimble readings, brought it to the attetttion of the property Owner, hawever. unfortunately that was not the case here. Tn anpport of cry request for spee;al following, cvnsideratioa of (!sees Chargea, I submit the jMW #_102087 L,- HM tltly waters ereii, r��es .2 a9 . 9/04/02 to 10/01142 - S2362m (short period of only 27 days) 7/29/82 t6 9)04= - S '"-.25 (prior period of37 d2l's same oeeup$acy in the park) 1/64102 to 2/84ft - S 672_37 (pe4k Wage date ro full park occupancy) 2. : tu 3/04f42 - S 593.11 (peak unge due to fU pant Occupancy) 3 /0M fo 4!02102 - S 737-52 (further example of 3uaa usags at ftdl ocenpaney) Aecourr[ # 12a2124.1 Monffi : water / seer ci�ar-rs 9/04/02 tO 10101/'02 - SIM-90 (short gerW ofonly 27 days) 7129/0, to 9/(14/02 -S 65.76 (prier Period of 37 days, same ewupauey In the 1/04/x2 to 2104102 - S 31&36 (peak usage due to furl! park occupancy) 20002 to 3/"V2 - S 19132 (peak usage clue to full park vtixupaacy) 3/04M2 to 4142/82 - S 299.92 (further example of max usage at fall occupancy) FROM FAX NO. : 9416425343 Dec. 05 2002 11:59AM P3 1511 '� I realize that the water was used and whether I tike it or not needs to be paid, even though water usage at that time of the year for the district in total is extremely low, and requite special attention due to that faet. However, I can guarantee that the water leaked newer went through the sewer and as such was not subject to the selwices which justify sewer fees. The payments already wade of $700.00 and 1300.00 respecdvely, cover more than the totd coal for water AND sewer charges at peak usage periods of fill mmupaney. I requ."t that these pays is be accepted as payment in full for the October billings and an administrative adjustment be made for the balances. I Appreciate your attention to, and cooperation ui this matter, smcereb , lliariene OSAA!) Nfarrlmnd P.S. to Darrin Massing via fax ...... Please ensure that this letter fonns part Of the package to the Saptvisats for The November I P. CID Meeting, and That it is put on the agenda. Thank you! PORT OF THE ISLANDS Community Improvement District Utility Bill Credit Calculation Month December, 2002 November, 2002 October, 2002 September, 2002 August, 2002 July, 2002 June, 2002 May, 2002 April, 2002 March, 2002 February, 2002 January, 2002 Total # on Months Monthly Average Water Bill Sewer Bill Total Amount Account# 102 - 0087 -01 54,600 6,500 0 8,500 900 1,100 7,500 85,500 120,000 113,100 109,400 F;R _.Inn Dno,4vu 11 51,400 $119.76 $196.14 $315.90 1611') Account # 102 - 0212 -01 16,800 9,500 0 10,700 6,600 5,900 10,700 38,900 48,800 47,400 51,800 47,900 295,000 11 26,818 $62.49 $102.34 $164.82 SENT BY: CSID /NSID -DIST OFFICE; 954 753 8784; JAN -15 -03 3:02PM; C Detail 8y b*rvice W WATER 1611 Account No Name $'treat 102 0212 01 OLDE FLORIDA INV.LTD UNION RD Date Conw=gd Billy Dmd Act:Dmd 1/06/2003 24400 12/10/2002 16800 11/07/2002 9500 10/08/2002 208900 9/09/2002 10700 8/06/2002 6600 7/03/2002 5900 6/05/2002 10700 5/07/2002 38900 4/08/2002 48800 3/06/2002 47400 2/05/2002 51800 1/14/2002 47900 12/07/2001 2 :1500 F4.IRRIGATION Arsvizmk. $60WATER F12 #Return g13 =Xeter 91story Detail 2� Charge ? Days 56.85` 29 39.14; 33 22.14: 31 486.74: 27 24.93% 37 15.38': 28 13.75 28 24.93: 33 90.64.; 29 113.70` 29 110.44; 28 120.69 31 111.61? 31 50.10: 29 Total 983.90 Taxes i PAGE 3/4 Service Began 3/06/199 Due 1/27/2003 Date Read E 1/02/2003 2/04/2002 1/01/2002 0/01/2002 9/04/2002 7/29/2002 7/01/2002 6/03/2002 5/01/2002 4/02/2002 3/04/2002 ,2/04/2002 1/04/2002 2/04/2001 SENT BY: CSID /NSID -DIST OFFICE; 954 753 8784; JAN -i5 -03 3:02PM; Detail By; service W WATER 1611 Account No Name Street 102 0212 01 OLDE FLORIDA- YNV.LTD UNION RD Date Consumed Bill Dmd Act:Dmd Charge Days 11/08/2001 9500 22.14': 34 10/05/2001 4800 11.1:8; 28 9/10/2001 17700 41.24; 33 8/10/2001 7800 18.17 31 7/13/2001 2700 6.2.9; 20 6/15/2001 11600 27.03; 40 5/08/2001 24000 55.9.2: 29 4/10/2001 36600 85.28:: 3/13/2001 39300 91.57.: 28 2/12/2001 48600 113.24: 33 1/10/2001 34100 79-4'5; 31 12/08/2000 17100 3.9.84: 11/13/2000 12700 29.59: 33 10/10/2000 8300 19.34' 29 P4.IRRIGATION F3iw81 SR:.: F6�1�AT$R F12wReturn F13 =146ter 8istory Detail Total 983.90 Taxes PAGE 4/4 Service Began 3/06/1995 Due 1/27/2003 Date Read E 1/05/2001 0/02/2001 9/04/2001 8/02/2001 7/02/2001 6/12/2001 5/03/2001 4/04/2001 3/07/2001 2/07/2001 1/05/2001 .2/05/2000 1/06/2000 X0/04/2000 PORT OF THE ISLANDS Community Improvement District Utility Bill Credit Calculation Month December, 2002 November, 2002 October, 2002 September, 2002 August, 2002 July, 2002 June, 2002 May, 2002 April, 2002 March, 2002 February, 2002 January, 2002 Total (w /out Oct., 2002) # on Months Monthly Average * ** Water Bill Sewer Bill Total Amount Account# 102 - 0087 -01 54,600 6,500 417,000 8,500 900 1,100 7,500 85,500 120,000 113,100 109,400 58,300 56.5.4nn 1611' Account # 102 - 0212 -01 16,800 9,500 208,900 10,700 6,600 5,900 10,700 38,900 48,800 47,400 51,800 47,900 295,000 11 11 51,400 26,818 $971.61 $486.74 $196.14 $102.34 $1,167.75 $589.07 ** *monthly average was calculated by eliminating October usage and dividing by 11 months for purposes of calculating sewer bill. I" 1611"'. Port of the Islands Community Improvement District Financial Reporting January 17, 2003 Table of Contents I. 1611 1 ; Financial Statements - November 30, 2002 II. Special Assessment Receipts - Fiscal Year 2003 III. Check Register Summary - January 17, 2003 IV. Bank Statement - November 30, 2002 V � � v U u O M v .D O E Z /O U 0 V 00 o ng 1, N .O N M o0 o O m 1 h m m O �. O-i � O rn k Dorn r. n o c�MM��o orn��m 1� r% to 1, 0� 00 �O � •� O EH Ki N Ef3 M N EH O EA EA --I 0.� Efl EH Efl r: M �-. � Q N Io 10 10 Hj cH EA � In 0 O N 0 m dN9 m d! eo V1 g o d cn E6 c: � � Q U C5 C� N N n n OJ �+ ffl EF. Obi � (y 00 o ng c�90 10 "Lno 0 �. O-i � O n�"t i M ti U I O 011, co EA cq M m i oM0 Efl EA EA --I 0.� .~+ < Io 10 10 o In 0 O N 0 m dN9 m a 1117 N n EA d W u I 1 0 C � Q I Q � .a 0 I I i i l i II us O O EA I i i i CO I N i I "� I O 011, i oM0 � 0.� .~+ < CD 10 10 n In O N 10 a, ,I EA Efl dN9 d! V1 E6 c: d W u I 1 0 C � Q I Q � .a 0 I I i i l i II us O O EA P N ti �1Ln o v o o W o o da .� v v o R ra a v O n n �4 r4 V y� v, � �° y Tw v •� n �, v v y v •v X o i v yww o . _ v�� v d o� N L4A.SbQa�� Cl. . a[ a c o i o v °: G > u c R o o Q o c> c v c I i i i O M i i 1 N i "� co Q � 0.� 0.� P N ti �1Ln o v o o W o o da .� v v o R ra a v O n n �4 r4 V y� v, � �° y Tw v •� n �, v v y v •v X o i v yww o . _ v�� v d o� N L4A.SbQa�� Cl. . a[ a c o i o v °: G > u c R o o Q o c> c v c Port of the Islands Community Improvement District 1 1, General Fund Statement of Revenues & Expenditures For Period Ending November 30, 2002 General Fund Prorated Budget Actual Budget thru 11/30/02 thru 11/30/02 Variance Revenues Maintenance Assessments $365,278 $8,446 $8,446 $0 Interest/ Miscellaneous Income $1,200 $200 $1,040 $840 Total Revenues $366,478 $8,646 $9,486 $840 Administrative Expenditures Supervisors Fees $6,000 $1,000 $800 $200 Engineering Fees $12,000 $2,000 $3,264 ($1,264) Attorney's Fees $12,000 $2,000 $645 $1,355 Annual Audit $4,700 $783 $0 $783 Management Fees $11,167 $1,861 $1,861 $0 Accounting $5,171 $862 $862 ($0) Recording Secretary $3,284 $547 $547 $0 Computer Fees $750 $125 $125 $0 Rebate Calculation $625 $104 $0 $104 Trustee Fees $1,310 $218 $482 ($263) Property Appraiser $4,686 $781 $0 $781 Assessment Roll $8,400 $1,400 $0 $1,400 Travel & Per Diem $250 $42 $0 $42 Telephone $150 $25 $68 ($43) Postage $2,500 $417 $538 ($121) Rentals & Leases $1,200 $200 $200 $0 Insurance $5,900 $2,351 $2,351 $0 Printing & Binding $1,000 $167 $291 ($125) Legal Advertising $1,000 $167 $40 $126 Other Current Charge $250 $42 $205 ($163) Office Supplies $50 $8 $46 ($38) Dues & Licenses $175 $175 $175 $0 Capital Outlay $500 $83 $0 $83 Total Administrative Expenditures 11 $83,068 $15,358 $12,500 $2,858 -2- Port of the Islands Community Improvement District General Fund Statement of Revenues & Expenditures For Period Ending November 30, 2002 Maintenance Expenditures 1611 '; General Fund Prorated Budget Actual Budget thru 11/30/02 thru 11/30/02 Variance Personnel $63,669 $10,612 $8,576 $2,036 FICA Expense $4,871 $812 $698 $114 Health Insurance $7,000 $1,167 $2,057 ($891) Pension $3,820 $637 $0 $637 Workers Compensation $2,500 $417 $0 $417 Landscape Maintenance $60,000 $10,000 $10,241 ($241) Street Lighting $19,000 $3,167 $1,651 $1,515 Irrigation $4,500 $750 $1,672 ($922) Rentals & Leases $2,850 $475 $467 $8 Maintenance - Roads $5,000 $833 $0 $833 Maintenance - Drainage $2,500 $417 $0 $417 Mosquito Control $13,500 $2,250 $0 $2,250 Repairs & Maintenance $5,000 $833 $2,820 ($1,986) Operating Supplies $1,500 $250 $14 $236 Capital Outlay $40,000 $6,667 $0 $6,667 Bad Debt $47,700 $7,950 $0 $7,950 Total Maintenance Expenditures $283,410 $47,235 $28,196 $19,039 Total Expenditures $366,478 $62,593 $40,696 $21,897 Excess Revenues (Expenditures) $0 ($31,210) Beginning Fund Balance $255,361 Ending Fund Balance $224,151 -3- Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending November 30, 2002 1611 Debt Service Prorated Budget Actual Budget thru 11/30/02 thru 11/30/02 Variance Revenues Special Assessments $754,550 $7,177 $7,177 ($0) Prepaid Assessments $0 $0 $3,658 $3,658 Interest Income $0 $0 $1,136 $1,136 Total Revenues Expenditures $754,550 $7,177 $11,971 $4,794 Principal Expense $380,000 $0 $0 $0 Interest Expense $376,650 $188,325 $0 $188,325 Special Call $210,000 $0 $0 $0 Other Debt Service Costs $15,000 $15,000 $14,656 $344 Total Expenditures $981,650 $203,325 $14,656 $188,669 Excess Revenues (Expenditures) ($227,100) ($196,148) ($2,685) $193,463 Beginning Fund Balance $398,325 $611,850 Ending Fund Balance $171,225 $609,165 -4- Revenues Interest Income Total Revenues Expenditures 1611 Port of the Islands Community Improvement District Capital Projects Fund Statement of Revenues & Expenditures For Period Ending November 30, 2002 Capita Projects Prorated Budget Actual Budget thru 11/30/02 thru 11/30/02 Variance $0 $0 $0 $0 $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Total Expenditures $0 $0 $0 $0 Other Financing Sources(Uses) Interfund Transfer Out $0 $0 $0 $0 Total Other Financing Sources (Uses) $0 $0 $0 $0 Excess Revenues and other Financing Sources Over(Under) Expenditures $0 $0 $0 $0 Beginning Fund Balance $0 $40 Ending Fund Balance $0 $40 -5- Port of the Islands Community Improvement District Water & Sewer Statement of Revenues & Expenditures For Period Ending November 30, 2002 Water & Sewer Prorated Budget Actual Budget thru 11/30/02 thru 11/30/02 Variance Revenues Standby Fees $391,119 $65,187 $8,462 ($56,724) Sewer Revenue $61,351 $10,225 $7,665 ($2,560) Water Revenue $38,513 $6,419 $4,937 ($1,482) Irrigation Revenue $40,000 $6,667 $7,371 $704 Meter Fees $5,250 $875 ($1,000) ($1,875) Interest Income $500 $83 $185 $101 Total Revenues 11 $536,732 $89,455 $27,619 ($61,836) Administrative Expenditures Supervisors Fees $6,000 $1,000 $800 $200 Engineering Fees $12,000 $2,000 $3,264 ($1,264) Legal Fees $12,000 $2,000 $1,893 $107 Annual Audit $4,700 $783 $0 $783 Management Fees $11,167 $1,861 $1,861 $0 Accounting Fees $5,171 $862 $862 ($0) Recording Secretary $3,284 $547 $547 $0 Computer Services $750 $125 $125 $0 Trustee Fees $1,310 $218 $482 ($263) Property Appraiser $5,867 $978 $0 $978 Arbitrage Calculation $625 $104 $0 $104 Utility Billing $8,925 $1,488 $0 $1,488 Travel & Per Diem $250 $42 $0 $42 Telephone $100 $17 $92 ($75) Postage $2,500 $417 $401 $16 Rentals & Leases $1,200 $200 $200 $0 Insurance $16,500 $2,351 $2,351 $0 Printing & Binding $550 $92 $113 ($22) Legal Advertising $1,000 $167 $40 $126 Other Current Charge $1,500 $250 $490 ($240) Office Supplies $350 $58 $42 $17 Bad Debt $90,258 $15,043 $0 $15,043 Total Administrative $186,007 $30,602 $13,563 $17,039 M Port of the Islands 16 11 "" �1 ,d Community Improvement District Water & Sewer Statement of Revenues & Expenditures For Period Ending November 30, 2002 Water & Sewer Prorated Budget Actual Budget thru 11/30/02 thru 11/30/02 Variance Maintenance Expenditures Personnel $63,669 $10,612 $8,576 $2,036 FICA Expense $4,871 $812 $614 $198 Health Insurance $7,000 $1,167 $2,057 ($891) Pension $3,820 $637 $0 $637 Workers Compensation $2,500 $417 $0 $417 Contractual Services $25,000 $4,167 $3,612 $555 Telephone $4,500 $750 $80 $670 Utilities $27,500 $4,583 $2,220 $2,364 Rentals & Leases $13,500 $2,250 $2,028 $222 Repairs & Maintenance $40,000 $6,667 $2,421 $4,246 Operating Supplies $60,000 $10,000 $11,863 ($1,863) Licenses $1,500 $250 $100 $150 Renewal & Replacement $95,000 $15,833 $0 $15,833 Capital Outlay $0 $0 $0 $0 Total Maintenance $348,860 $58,143 $33,570 $24,573 Total Expenditures $534,867 $88,746 $47,133 $41,612 Net Income (Loss) $1,865 ($19,514) Beginning Retained Earnings ($529,946) Ending Retained Earnings ($549,460) -7- )n Roll Assessments 1;11' Port of the Islands Community Improvement District Assessments Special Assessment Receipts Fiscal Year 2003 Percentage January 17, 2003 'cei is - -� 4zM Date Description Net Receipts — -- ' -- -- - - ($8,446 38) 11/01/02 #17709 $1,721.72 $8,446.38 11/01/01 #300030148 $_28_4._38_ 35.13% 11/15/02 #300030243 $22,079.14 $8,462.14_ )n Roll Assessments 1;11' Roll Assessments Total Assessment $1,474,413.92 Amount Assessments Assessments To be Assessed 1 Percentage j Collected Transferred Transferred - -� 4zM - - - - -� ° 35.07 /° — -- ' -- -- - - ($8,446 38) - - - - - $0.00 $388,597.40 $8,446.38 &S $389,322.5.3 35.13% $8,462.14 $0-00-'! $8,462.14_ bt Service $330,183.25 29.80% $7,176.72 $0 00 . $7,176.72 I - -- - -- - � - Total $1,108,103.18 100.00% $24,085.24 j ($8,446.38)1 $15,638.86 Roll Assessments Total Assessment $1,474,413.92 1611. Port of the Islands Community Improvement District Summary of Check Registers January 17, 2003 General Fund Date Check No. Amount 12/10/02-1/6/03 813 -830 $299,372.53 Water & Sewer Fund Date Check No. Amount 12/10/02-1/6/03 1808 -1847 $23,070.17 ii Total $322,442.70) 11`41 .--I M dl Ln �o r 00 01 O e-1 N M • rH '-1 H r-I ri rH rH I N N N I N N • =k O co co co co 00 00 co 00 co co 00 O O O O O O 1 O I O I O O I O O W O O O O O O O O O O O O UO O O 1 O I O I O O I O I O O O I O (L W Lf) I Ol 1 N Lh 0) I N I " I O I O I O x E M M O) r M N N Ln O lJ U I I 1 I I M lD co O O m 0) 01 Ifl N Ln dl Ln • O N I O) I rH I T I r I 0) 1 'Cl I M I I lf) I O 1 M M rH M N 1 I I I � I I I I I I I 1 N rl M � 0) I I I M I M I 1 I I I I I 1 1 I I I 1 I I I 1 I I I M E Lf) p m a) N Ln r- O O r 0 dl m O O� N dl O O O O O M I M Ol rH r I M rHOLl -00 LP Lf H N I N I -O I O LD LD O M l0 I co I O t 0 I 0) I Ln O N 0) Ln d' rH �D (n .-1 I a) I Lfl I r Ln I Lf) I I (D N O) 1-1 0) r m M O lD H r N 00 M -:II M r In O \ r-I � lD M M I r-I ID -1 .--1 N 1 N 1 l0 I H H I ti I N I H I M I Ol I r-1 I rH I I I I I I M M Z I I I I I I I I I I I I I I I I I I I I I I I I w E to t 1 I U x * + r x r« a «* x e «« W F I I I I CC FCC E I I I I I I I I I I I I x m Q 1 I I I I I I I I I I I w Z I I I I I I U I 1 I I I U I u I 1 I I 1 I H I I I I I H I a O C4 EW'i I 1 Z I I i I w I U I I I I El I O I Q I H I F U c4 p 2 H W o LO U) M O H pG Q W Vl U] I Q I (zl I Q 1 q Q U CL .7 IH] a W 1-I W R2C 0 18 a,$$ 1 H C!) 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I LJl I O O O .-I 2 N I N N I N N I N 1 N N N I N I N I N I M M I N H W O 0 0 O O O O O O O O O O O H E \ \ \ 1 \ \ \ \ \ \ I \ \ \ \ \ I O O h f-- co M � Ln O lD M H H N (] O N I N I H 1 1-1 1 0 0 I \ N 1 N N I N N I N I N I N I N I N N I N 1 H 1-1 1 N I I I I I I I I I I I 7i O c0 N N CI H N 0\ h 00 N U1 M I 111 1 0 1 0 I O 1 H 1 H 1 h 1 M 1 N I O I W O H O O O O O .-1 O O O E O 1 0 I O I o I O I O I O I O I O I O I O I < > O O O O O O O O O O O Q I I I I I I I I I I I x I I I I I 1 I I 1 I I U N N N N N N N N N N M W x W o 1 0 I O I O I O I O I O 1 0 1 0 I O 1 0 1 ax OF \ \ o U w h I h I 00 1 0 I r-I I rH I 1-1 1 H 1 H ci N I o x Q H r1 rl M M M M M M M C) G. x N N N N N N N N N N 1-1 1611 h O h O M N a W E- 0 E- O E a W F F I I H O W I 1 I H a Port of the Islands 1611 Community Improvement District Month Ending Nov -02 GF Balance Per Bank Statement Add: Transfers/ Deposits in Transit Less: Outstanding Checks Balance Per Bank Beginning Bank Balance Per Books Cash Receipts Cash Disbursements Adjustments Balance Per Books Check # 630 786 791 Outstanding Checks Amount $1,503.05 $13.79 $100.00 Check # $32,902.45 ($1,616.8=1) $31,285.61 $13,647.13 $24,345.24 ($6,684.27) $2.61 ($25..10) $31,285.61 Amount Port of the Islands 16 11 �J Community Improvement District Balance Per Bank Statement Add: Transfers/ Deposits in Transit Less: Outstanding Checks Balance Per Bank Beginning Bank Balance Per Books Cash Receipts Cash Disbursements Adjustments Balance Per Books Check # 1752 1774 1775 1776 1777 1779 Month Ending Nov -02 WS Outstanding Checks Amount Check # $50.00 $13.79 $49.94 $50.00 $50.00 $49.50 $49.69 $50.00 $1,278.20 $2,252.17 $20,000.00 ($2,641.12) $19,611.05 $8,925.15 $48,214.44 ($6,954.53) ($30,358.17) $1.28 ($217.12) $19,611.05 Amount 1611' MINUTES OF THE MEETING OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Friday, February 21, 2003 at 10:00 A.M. at the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Richard Gatti Bernard E. Wolsky John Robinson Ted Bissell Also present were: Craig Wrathell Dan Cox Ron Benson, Jr. Tim Stephens Several Residents Chairman Vice Chairman Supervisor Assistant Secretary District Staff Attorney Engineer Field Manager FIRST ORDER OF BUSINESS Roll Call Mr. Wolsky called the meeting to order and Mr. Wrathell called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the January 17, 2003 Meeting Mr. Wrathell stated that each member of the Board had received a copy of the minutes of the January 17, 2003 meeting and requested any additions, corrections or deletions. Mr. Wolsky stated that several corrections would be e- mailed to the District office to be incorporated in the final minutes. On MOTION by Mr. Bissell seconded by Mr. Robinson with all i favor the minutes of the January 17, 2003 meeting were approve as amended. THIRD ORDER OF BUSINESS Consideration of Rate Adjustment in Accordance with Young, Van Assenderp, Varnadoe & Anderson, P.A. Master Legal Service Agreement Mr. Cox stated the firm has been serving as counsel to the District since 1991 and we entered into an agreement then that laid out a schedule of the attorneys within the firm and their February 21, 2003 Port of the Islands Community ImprovemeritoWis ict a 1I rates that would be billed on an hourly rate for those attorneys. Over the course o time several of those attorneys are no longer with the firm. Several attorneys have worked with this District without any modification of the rate agreement to show what their rates were. I have only been with the District for approximately four years and there has been no amendment to include my rates. Mr. Anderson was the primary attorney when we first entered into the agreement and his rate was $160 an hour at that time. We have continued to bill at that rate no matter which attorney attended these meetings. The current rate for my services to the District is at the mid- range of what I normally charge. The clerks are reflected at the hourly rate we normally bill our law clerks for. When a question is presented, if it requires any in depth research that can be done from the Tallahassee office where our clerks are located, we use them as much as possible. I verify their research. We try to manage how we bill hours to you, but we need to reflect the past twelve years of changes in the hourly rate structure for the firm as well as the new attorneys who are now with the firm. Mr. Wolsky asked can you give us a ballpark percentage of increase over the previous rates to the present rates? Mr. Cox responded it is about a 25% increase. Annually, that comes to about 2 %. On MOTION by Mr. Bissell seconded by Mr. Robinson with all in favor the rate adjustment to the rate schedule of, the master legal service agreement with Young, Van Assenderp, Varnadoe Anderson was approved. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Cox stated at the last meeting we had discussion regarding the drainage at the Stella Maris subdivision and it ended up with a broad question of what drainage the District presently has responsibility for and where the responsibility for all the other drainage lies. I have researched the plat and can .provided you with the information I have unless you prefer to wait for Mr. Gatti to be present. He raised many of the questions. Mr. Wolsky stated I prefer to wait for Mr. Gatti, as he is the one who requested that information. We can table that to the next meeting. Whereupon this item was tabled until the next meeting. B. Engineer Mr. Benson stated last month we had a question on the drainage at the intersection of Cays Drive and Stella Maris. Mr. Gatti joined the meeting at this time. 2 February 21, 2003 Port of the Islands C UW I overn t District Whereupon Mr. Benson pointed out the area on the map and stated the numbers on here relate to the elevation of the curbs and gutter. This is the drainage along Cays Drive. To the north of the intersection both sides of the road are draining south. There is an inlet on each side of the road south of Cays Drive and there is a storm water management pond in this area to the east. South of Cays Drive the drainage comes north to those same inlets to the same pond. Identified with the blue line, is the drainage coming south on the left side of the road and that drainage can go two ways when it gets to the intersection. One is it follows to the valley gutter and goes into the inlet. Part of that flow, depending on how hard the rain is would come into Stella Maris. That is not the original intent, so the orange lines represent the drainage at the intersection within Stella Maris. There are inlets on both sides of the road that go into the storm water system for Stella Maris. You can see the drainage comes west back to the east. We should put an inlet at the northwest corner of the intersection and extend the pipe to this inlet which then would allow the water to go to the storm water pond and that part of it divert off into Stella Maris. The original intent was for that water to go to the pond. Mr. Wolsky asked would that alleviate some of the problems? Mr. Benson responded yes, that is the problem that some of the homeowners in Stella Maris have mentioned. When there is less rain it goes into the inlet. Part of this relates to the fact that these roads were designed at different times and added on. This will take care of the problem. Mr. Burgeson requested that I bring more detailed information, which is what I have done today. Mr. Wolsky asked what would that cost. Mr. Benson responded I did not bring my cost estimate with me today. Mr. Wolsky asked do you have a ballpark figure? Mr. -Benson responded it is about $5,000 or a bit less. Mr. Wolsky stated it makes sense not to burden Stella Maris with the runoff from our roads. Do we want to take a vote on this? Mr. Bissell will we be able to go with the $5,000 figure? Mr. Benson stated it would require that the valley gutter be removed and that is where the trench would go and they would put a patch in the asphalt to replace where the concrete is and it would take out that dip in the road at the same time. Mr. Wolsky asked would that eliminate the diversion of water onto Stella Maris Drive? Mr. Benson responded yes, at that point all the water would go into the inlet, under the pipe that is replacing the valley gutter. Mr. Bissell stated the rain comes down so fast. The swales behind the building are supposed to divert the water out. Instead it is coming down fast, filling up, and coming back into 3 February 21, 2003 Port of the Islands Community Im rq, jet District It the ditch and going down where it will not take it fast enough. By eliminating flow we should not have the difficulty we are having right now. Mr. Wolsky asked would this eliminate the necessity of the C.I.D. taking over the maintenance of the drainage system on Stella Maris Drive? Mr. Benson responded that is a separate question. The other is a question of the maintenance of that easement and the Swale, so that is a separate issue. Mr. Bissell asked would this eliminate a lot of the flooding that has taken place? Mr. Benson responded it would reduce the amount of water going into that swale. It may lessen the comments and questions from the residents, but the H.O.A. currently has the legal responsibility for the maintenance. Mr. Wolsky stated that is correct. Mr. Cox stated you might want to set a $5,000 limitation on that motion. Mr. Bissell MOVED to approve the proposal for the drainage improvement construction in an amount not to exceed $5,000 and staff was authorized to obtain three competitive bids for the project. Mr. Wolsky seconded the motion. Mr. Kramer asked did this problem exist before the condominium construction began? Mr. Bissell responded we did not have that problem before. Since they put the condominiums in, all the water comes toward the street from the middle of the building. Before the condominiums, it seeped down to the ground. All the water now goes out and down to the street. Mr. Kramer asked why are we paying for it? Should we not charge the site developer? Mr. Benson referred to his map and stated when we go to the north and the drainage for that part of the street goes to the other storm water pond close to the highway; most of the area along the blue line is vacant. Mr. Bissell stated the first condominium drains that way. Mr. Benson stated part of it may, but this drainage is for the road. When Cays drive was first built there was no street here for it to go to. When this street was built, that connection modified with the C.I.D. drainage system. That drainage was slightly altered when Cays Drive was built. Ms. Dillon asked is that going to be affected further when they develop that corner? They are talking about putting a community activity building in there. Mr. Benson responded when they put a building there, by County law, they are supposed to manage their own storm water on site and not drain it to the road. It is supposed to remain on site. The plan is that they have their own swales at the back of our property and all the 4 February 21, 2005 Port of the Islands Community I provement istrict drainage is supposed to be directed away from the road. The County gives the permits for that construction. Mr. Wolsky asked is there a way for us to insure they do that? Mr. Bissell stated I have been working with the County on this problem. This vacant field is going to be made into a ditch. There is a 10 -foot easement around the road. All the water will run down to the swale on the east side of the canal. Mr. Benson stated the water is supposed to go into the Stella Maris drainage system. The County permits and approves all that. Mr. Wolsky asked would it be advisable to wait until that happens to make this sort of decision, or can we make this decision and stipulate that whatever happens here is diverted away. Mr. Bissell responded that will be done when the last building is C.O.'d. I received a letter from the County yesterday. Mr. Benson stated I do not believe we have a role in the County's review process for matters of this nature. The County rules are such that the area is supposed to drain into the Stella Maris system, not the C.I.D. system. The County can enforce that. Mr. Kramer stated there seems to an inconsistency between the water running off the condominiums and those going north. Mr. Bissell stated the elevation is given on the County map every 20 feet or so and it shows the water going from about the first condo. I know the first condo goes south and the rest goes north. Mr. Kramer stated Mr. Benson's comment was that it had to be retained on the buffer. Mr. Benson stated my understanding is that the water was to go to the back of the property. It appears that the driveways at the front of the property and potentially, part of the roof may drain and run to that curb and gutter system in front of the property along Cays Drive. That is a County issue as far as permitting. Some of the water may go there now, but the intersection I was talking about is where it is vacant, not where these buildings are. Mr. Kramer asked in your opinion, is it consistent with the permit for the water to run into street? Mr. -Cox responded this entire area was part of a unified plat for Phase II. It would be that unified plat that would have to retain all the surface water on site. This is all part of that plat. Not each individual parcel has to retain itself. Mr. Wolsky stated I am trying to avoid a similar situation in the future where Stella Maris says the C.I.D. is draining into their system, therefore the C.I.D. is responsible for doing this. If in the future, there is a possibility that the runoff on the road, will come down and the water in the ditch runs into this and then comes down. I want to be sure nobody says this water is running off C.I.D. roads and is our responsibility. E February 21, 2005 Port of the Islands Community lmlu2ro r e District Mr. Benson stated the original drawings were submitted for the development of Cays Drive and the storm water ponds along Cays Drive identified these parcels as having their own water management. The road and parts of the property were to go to these lakes as per the master drainage plan approved by the County. We are talking about one little area that is a problem, because the one that is supposed to be drained into the gutter, some of it is coming into Stella Maris. We are trying to fix that issue. We really have no review of the site development plans as part of our role as a C.I.D. Mr. Wolsky stated Mr. Bissell can file this and make sure that happens and inform the Board of it. Mr.. Benson stated Mr. Bissell has spoken with one of the County reviewers so that person is aware of the issue. Mr. Bissell stated I spoke with the head of the County engineers. Halfway back from the condominiums there is a dot on the map showing the long line going to the back to the swale and the other coming to the front, and it gives the elevation as it goes along. On Motion by Mr. Bissell seconded by Mr. Robinson with all in favor the proposal for the drainage improvement construction in an amount not to exceed $5,000 was approved and staff was authorized to obtain three competitive bids for the project. Mr. Wolsky asked how is our permit for the grants. Mr. Benson responded we have not heard anything from the Water Management District so they have not reviewed all the applications yet. Every five years we must renew the wastewater treatment plant. This was the last set of information we had submitted earlier this month for the five -year permit renewal. There was a permit modification pending with the DEP for quite a while. They told us they are issuing us a permit to construct those improvements. Mr. Wolsky asked what did they require we construct? Mr. Benson responded for the ones we are talking about, we would put the pump in and make a few changes we had to do at the wastewater plant to tie that into the irrigation system. They told us they are going to issue that in a dry line state where we can build it and then when we get the five year renewal in another couple months, that is when we can start operating. We will operate in a limited manner until we make those future improvements, which is why we applied for a grant from the Water Management District for the filtration system for the water that comes out of the canal. It will be approved, but it is a series of steps before we can, have the whole thing implemented and operating. We can get it built, and that is the key. This package was the last set on the stack for the modification and then there is just a renewal. Everything should be in good shape. We have a contract open to do the work at the February 21, 2008 Port of the Islands Community�I,inprovement District wastewater plant. We have to get the contractor to do t 6 f ces o e project. It is within the budget we already have contracted. We discussed keeping the price within the budget and we were going acquire used equipment. The County had some used irrigation equipment and then gave it to another County entity. Mr. Stephens stated Mr. Wallace, who works for Collier County, has the pumps. He is in charge of having the Lee Cypress Co -op sewer hooked up and he obtained these pumps as a bargaining chip with Everglades City to get this work done. He did not need those pumps and he still has them. He told me when he gives the project back to the County; he will give the pumps back to the Collier County Commission and at that time he will recommend they give those pumps to us. Mr. Wolsky asked is there any chance they will be diverted somewhere else? Mr. Stephens responded I do not know, but this man is in charge and the County Commission gave him the pumps, so he has control. I told him our situation and he said they would be using them and would be glad to recommend they go to us. Mr. Wolsky asked are the pumps in good enough condition to be worth pursuing? Mr. Benson responded yes, it was for a skid mounted irrigation system at the golf course and they took them out because they wanted something quieter and newer. There is another similar skid- mounted irrigation pumping station that was at the Palm River Golf Course. When the hotel bought the golf course and revamped it, they put in a brand new irrigation system also. I was told it is still sitting in their storage yard and it was operating until they took it out of service. For that one, we may have to offer them a few thousand dollars. That is our backup position. We still must make a decision one way or the other by next month because we have a time frame to get that system on site and hooked up to receive our grant money for the project. With the. Board's approval, .I will inquire to see the lowest potential offer that the other party requires for the surplus and bring that back to you next month. Mr. Wolsky stated that sounds good. Mr. Gatti joined the meeting at this time. Mr. Benson stated had an opportunity for some surplus equipment from another C.I.D. in the area. We inquired on this and discovered it was not anything we could use. It has come to MY attention that a letter will be coming out regarding a drinking water system warning. The letter identifies that there were some bacterial samples collected from the distribution system earlier this month that indicated a presence of bacteria. This is not of concern as we test for this on a regular basis and have never had this before. The DEP rules require you to do more testing. Part of that is that you test the same location, an upstream location and a down stream location. Mr. Stephens did this and the results came back negative from the lab. We followed all the rules, but there is a requirement that you have to notify people that this happened. The most February 21, 2003 Port of the Islands Co u ty T District likely cause was potential contamination of the sample after it was collected or a lab error. There is no way to prove anything other than to test again and nothing came up on the second testing. There have also been questions about chlorine in our drinking water. We chlorinate the water so that if any bacteria gets into the water the chlorine disinfects it. I review the monthly reports Mr. Stephens submits to DEP and there was plenty of chlorine in the water the time, so it does not appear to be a health issue. It is probably a lab error or contamination of the sample after collection. We will do more tests as a precaution. In the future, we may want to consider taking extra samples from different locations. Mr. Gatti stated the only problem I have with the letter is that it says, warning. It should really say notice. I suspect DEP has a format we have to follow. Mr. Benson responded we followed DEP rules, so we are covered in that regard. Mr. Winters asked in Bad Luck Prairie there are often hundreds of people over the weekend and they do not have sanitary facilities. Is it possible that this may have affected the safety of our wells and water quality? Mr. Benson responded I do not think so, because it would be a persistent trend. Mr. Winters stated I suspect that we need to watch that. Mr. Benson stated there is a large area surrounding our wells that is uninhabited, State- owned property. Ms. Marchand stated we had an instance where the waste management truck took out the water meters. The water was off for quite a period of time. Are there rules and regulations whereby if the water will be off for a period of time, that I should be posting something for the residents? Mr. Gatti stated they should be notified. Ms. Marchand asked is there a sanitary issue, such as boiling water for a period of time or running the water through a chlorine cycle. Mr. Gatti stated anything on the other side we do not want to get that involved with. However, any time the water is cut off it always helps to flush the line out well. Mr. Wolsky stated we do that as a matter of course. Mr. Benson stated she would need to flush on her side to open that up and get the fresher in. Mr. Gatti stated we spent a few hundred dollars on that meter. Mr. Wolsky asked are they liable for that damage? Ms. Marchand responded I say they should be. We got the truck driver's number. He did it on his way down to the dump truck. We caught him right away. r;� February 21, 2003 Port of the Islands Community Imps vement District Mr. Wolsky stated waste management has a de artmen h sit specifi ly for' this. They are extremely cooperative. If you call them, tell them the problem and what the costs were, they will cover it. Ms. Marchand stated if they require a letter, I am happy to write it and substantiate the incident. Mr. Wolsky asked would you do that? Ms. Marchand responded I will be happy to do that. Mr. Wrathell stated if you have any problems, they will have a franchise agreement with the local governments and in this cases and a franchise agreement with the county that covers any damages. We may have to write a follow -up letter, but I do not think there will be any problem. Mr. Gatti asked Mr. Wrathell could you write a letter to the Board? Mr. Wrathell responded yes C. Manager Mr. Wrathell stated we updated our minutes for 2001 on the website. Wednesday night I had seen 51 hits, so you seem to be getting some decent activity on your website. Mr. Wolsky stated we agreed it was worth putting the minutes up there and checking the number of hits to see if people were reading them. We do not want to pay for something nobody is paying attention to. D. Field Manager Mr. 'Cox asked do you want to handle the drainage issues today since Mr. Gatti is present? Mr. Wolsky responded yes. Mr. Cox stated when we originally issued the bonds in 1990 this area had been platted as single family residential. These roads were in place; two hotels, the marina improvements, and the RV Park were here. Two years before we issued the bonds the District acquired ownership of the road, down to Route 41. We purchased that with a promissory note that was retired with bond proceeds. At that time we owned all of the drainage and the roads in this area on the map. This was platted and there was one drainage easement running between two lots that was reserved to the developer and the roadway from where we acquired title, was reserved to the developer. We subsequently acquired this road, but that is something we can clear up with Mr. Barnard. He is the last surviving director of that corporation that retained the ownership of that road. Subsequent to the issuance of the bonds, the road was constructed, with the exception of Stella Maris. That was built with bond proceeds. When this was platted the roadway was given to the District with the responsibility for maintenance. There are also easements created on the 9 February 21, 2003 Port of the Islands Community Improvement District perimeters of the finger canals for drainage purposes and there werr ni i e linage sements in between several of the lots. Roads were also given to the District with responsibility for maintenance. The conservation area was give to the District. Area E is a drainage and landscape easement. Area F is a drainage and landscape easement that was also given to the District. Mr. Wolsky asked when you say we have the easements on these areas, does that mean we have the responsibility for maintaining the rip rap? Mr. Benson responded the east channel rip rap was installed with bond proceeds paid solely by these lots adjacent to the rip rap. Mr. Wolsky asked can anyone who gets a blowout to submit to have the C.I.D. repair the blowout for them? One resident has had four blowouts that he repaired himself. I am trying to correct a slight disparity to our reaction to one place and another. Mr. Wolsky asked do the easements behind all of the houses on the east side belong to the District? Mr. Benson responded yes. Mr. Wolsky asked does that include the swale areas behind the homes? Mr. Cox showed Mr. Wolsky on the map, the area that was dedicated to the District. Because it was dedicated to the District does not mean we accepted it. I have not reviewed the minutes to say that we accepted that responsibility. It is a contractual relationship, but it is just an offer. Whenever there is a dedication, it is an offer to give it to you. You do not have to accept it before it is complete. Mr. Wolsky asked to your knowledge, we have not accepted that? Mr. Cox responded I have not reviewed that. That needs to be done. Mr. Wolsky stated I have that on a CD and can search for any record of easements being accepted by the District. Mr. Cox stated it is a limited time frame. This was platted in 1991 or 1992, so that is when.we would have taken action on that. The last part that was platted was the Evening Star Cay subdivision. Those drainage easements were dedicated to Collier County with no responsibility for maintenance. There was no mention of the C.I.D. in that plat, which is unusual when it comes to drainage because the District was given the roadways and Areas A, E, C and D. Mr. Wolsky stated I recall discussing this with Mr. Anderson, head of the Homeowner's Association of Evening Star Cay. We came across a document that turned over the responsibility for those areas to the C.I.D. Is that correct? Mr. Cox asked is that directly from the Homeowner's Association? Mr. Cox stated I searched on the public records on the Port of the Islands, looking for any assignments or agreements that conveyed these drainage areas that were reserved to the developer to us and I did not see those. I will have to check with the Homeowner's Association. 10 February 21, 2003 Port of the Islands Community Improvement District Mr. Wolsky stated I can give you a copy of that. 1611 Mr. Benson stated there were some tracts given to the CJ.D. Mr. Cox stated the easements were for landscape and recreation purposes. There was no mention of drainage in conjunction with anything for the C.I.D. There is a ten -foot easement for drainage behind the houses. Mr. Wolsky asked is that seawall? Mr. Cox responded all of this is seawall and this is rip -rap. The Stella Maris plat gave responsibility for the maintenance of the perimeter drainage easements to the Homeowner's Association and gave the District the right to drain into them. Mr. Bissell stated but the H.O.A. has never accepted it. Mr. Wolsky stated it is my understanding that the platting document states that Stella Maris is responsible for the maintenance of the drainage on that particular item. Mr. Cox stated I have not looked at whether your declaration of condition and restrictions" might address it or whether the Stella Maris H.O.A. has executed the plat and acknowledged it. The District was given the right to drain into those with no responsibility for maintenance. In summary, the only thing that by plat, was given to the District for responsibility for maintenance, was the perimeter drainage easements and the drainage easements in back of these homes. We purchased these roads and are therefore, responsible for the maintenance and drainage associated with those roads. I do not know whether there was a subsequent agreement, but I did not see anything. I have not been able to find any platting for those and I assume this was done by declaration of condominium for those. Mr. Wolsky asked is there any difference between the way seawalls are treated and the way rip -wrap is treated? Mr. Cox responded I know of no legal distinction. A resident asked there is a new home on Sunset Cay that has built their pool out into the swale and I cannot believe that this is allowed. Can someone see to that? Mr. Bissell responded the County is checking into that. Mr. Stephens stated he came in here with the plan and you approved it. Mr. Cox stated he gave us a revised drainage plan for that area that modified the depth. Mr. Benson stated it narrowed the width of the drainage easement, but made it deeper. There was a document prepared to allow them to modify the width of the easement under certain conditions, but they still must meet the requirements of the County. They proposed an equivalent amount of storage volume of water as well as ability to transmit water. I went out there this morning and it does not look like they have completed what they said they were going to build. 11 February 21, 2003 Port of the Islands o�munity Improvement District Mr. Cox stated the County is responsible for setting standards To what r allowable for subdivision of property and the construction of your improvements. Our responsibility is that the owner of the property can do it with the caveat that if we have problems, they must restore it. Mr. Bissell stated the County will not C.O. that until they have checked whether permits were given and whether there were any variances. They will handle it. It is not a C.I.D. issue. Ms. Dillon asked how can it not be a C.I.D. issue if the C.I.D. owns the land behind those houses? Mr. Bissell responded I believe we gave them a variance. Mr. Cox stated we entered into an agreement with the property owners for consent to use the easement area. We said they could use the easement area if they reconstruct the drainage swale in accordance with the plans and specifications that were submitted to Dr. Benson and approved by him. If they do not do that we can order them to remove those improvements and they must take them out and restore it to the way it was. Ms. Dillon asked conversely, I can extend my pool deck if I want to? Mr. Cox responded if you submit plans that meet the approval of the engineer and the Board of Supervisors agrees. Mr. Benson stated it must also meet Collier County requirements. Mr. Gatti stated the County establishes the setback requirements from the seawall. In the case of a rip -wrap I imagine there is some sort of a line established. The setback to the swimming pool is 15 feet and the setback to your house is 25 feet. That is what the County enforces. Our covenants say that our side yards have to be ten feet, whereas the County says it can only be seven feet. If we were to make an issue out of this, the ten feet would become a civil matter and the seven feet would become a County matter. As it relates to the back of the yard that is a County issue if you encroach on that. A Resident stated the County regulation on that is 20 feet from the water line. If you give them five feet, under what authority did you override the County? Mr. Benson stated we merely told them they could use a portion of the easement. It is up the County to approve plans and permits. Mr. Gatti stated on my house it is 15 feet. Perhaps Phase I is different. A resident stated it is different they changed the setback after some houses were already built. Mr. Gatti stated we cannot override the County jurisdiction on any of that. A resident stated if the County says 20 feet and at the meeting, you allow him 15 feet, you overrode the County. Mr. Wrathell stated the Improvement District is subservient to the County. We are a mechanism below that. The County Land Development Regulations supercede anything we do 12 February 21, 2003 Port of the Islands Community Improvement District and we must follow that. Hypothetically, if you were witt n ilality i"' ould be the same. If someone has exceeded the County code, that is a County issue. It is outside our jurisdiction. Mr. Gatti stated we can make the restrictions stricter than the County through covenants on our deeds, but we cannot change the amount of feet that the County requires. This is a civil matter. Mr. Cox stated I am saying that we cannot violate County setbacks. We simply allowed them to come into the easement area. Mr. Gatti stated Mr. Benson is saying that they are not increasing the capacity of the swale area, but maintaining the capacity of the swale area by different geometric. Mr. Benson stated it is not our job to confirm whether they meet County requirements. We simply allowed them to build in the easement if they can get County approval. Mr. Cox stated our agreement was that it be built to the specifications give to the engineer. If they finish and it is not, then they must fix it. Mr. Benson stated it does not appear like the drawing they submitted, but I must verify that. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Bissell asked have we been paid for the signs that Mr. Stephens replaced? We have had numerous water breaks by the contractor. Have they been billed and paid? Mr. Wrathell responded I will have to check on that. Mr. Bissell stated if they have not paid yet, perhaps we could commence with a lien on the property. Mr. Gatti asked what is going on in terms of the hotel? Mr. Wolsky asked were you going to look to see if they had a C.O.? Ms. Marchand stated at the last meeting I indicated that the RV Park had serious concerns about what is going on. Certain residents were burning old rugs on the ground and there was a propane tank on the other side of the street from it. They have trash everywhere. I have called code enforcement about the fact that they were doing renovations and the officer said they were not doing anything. The road caved in and is still not fixed. The RV always • used the westerly road and it is now not useable and it is causing havoc. I have serious concerns for the community. The volunteers at the hotel have been panhandling throughout the community on our property. Mr. Wolsky asked In terms of the bond issue and taxes, what is the hotel standing? That would tell us what kind of leverage we have. is February 21, 2003 Port of the Isla I C y ement District Mr. Wrathell responded the hotel is one of six or seven property that the bondholders requested that we apply direct assessments to. They can do a closing similar to someone not paying their mortgage. I am not aware that any payment has been made to date. Mr. Wolsky stated we have reports that they are getting ready to open for business and rent rooms. Can they do that without paying the back taxes? Mr. Cox responded yes. Mr. Wolsky asked what leverage do we have? Can we turn off their water? Mr. Cox responded if they have not paid their water bill. Mr. Wolsky stated we can find out the status of that. Ms. Marchand stated I have spoken to the County and the owner of the property thought he had bought it without a tax certificate for the 1999 taxes and the 2000 tax certificate holder has purchased the subsequent certificate and is taking it to a tax sale. According to the County that will happen some time in May. I am saying that the certificate holder has paid up and is taking it to a tax sale. Mr. Gatti asked is the leverage we have the County restrictions? Mr. Cox responded we have outstanding direct assess bonds that we could institute foreclosure proceedings with against the property. I have been discussing foreclosure with Allstate for the past ten days. We have ordered foreclosure reports for which I need to develop complaints on those properties. I have not yet been given direction from the bondholder to file those complaints at this time. Mr. Wrathell stated I will put together a report of the outstanding assessments on that property. It is more of a legal decision as far as shutting off the water. The way the assessments are applied, if those assessments are paying for the water and sewer portion, that is a legal question. I can gather the date and present it at the next meeting. Ms. Marchand stated the hotel owner is clearly unaware of the C.I.D. assessments and bonds. He did not know he was being billed separately by the District. Could someone, perhaps write him a letter and invite him to come to a meeting so he could be educated? Ms. Wolsky stated if those tax certificates were picked up by a certificate holder, then some stand by fees has been paid. Ignorance is no excuse for not knowing the law. He had to have a lawyer to make a land deal like that. Mr. Gatti stated we must have concern for the entire community, however if it is going south on us, we must do whatever we can to protect ourselves. Ms. Wolsky stated it sounds like those certificates have gone to foreclosure sale. Mr. Wrathell stated there is a combination. We have multiple years, where no one is any longer interested in buying those tax certificates and Allstate is asking us to apply the assessments directly. They are trying to fast track the foreclosure proceedings. 14 February 21, 2003 Port of the Islands Community Improvement District Mr. Wolsky asked is there any way we can determinlis6teltils. We heard he was going to open for business on a certain Monday. .•LL Ms. Marchand stated they are trying to get the employee housing ready and rent that out as apartments and that is where they will get their staff to operate the hotel. Mr. Stephens stated I have put together prices from different companies and I wanted to see if I could do this verbally. The State has given us a lot of direction on security for the water plants. I got a couple of companies to come out. They were going to put barbed wire all around our fence on the top. The cheapest price was around $7,000. I can bring you something next month. We are being scrutinized for security by the State. Mr. Gatti asked have they established a certain criteria they want us to meet regarding Security for the State? Mr. Benson stated there is a certain requirement for report and such. I thought we were in compliance. Mr. Stephens stated it is not mandatory, but they are strongly recommending that we do this. Mr. Gatti stated without that resource we do not have a community, so we must be proactive. Mr. Benson stated we should do this, but they cannot force us right now. Mr. Gatti stated Mr. Benson can look this over and be sure they are putting together something. reasonable. Mr. Wrathell stated we might want to contact the DEP and see if there are any grants available. There should be something and perhaps we are eligible. Mr. Kramer stated a gentleman asked me to bring your attention to a pothole on the corner of Newport Drive and Sunrise. Also, I noticed on Cays. Drive at the southeast corner, many tree limbs across the sidewalk. Mr. Gatti asked is this private property. Mr. Kramer stated it is on C.I.D. property. Mr. Gatti responded we are responsible. Ms. Marchand stated anyone who has traveled on the north side can see that the westerly side of the road has caved in. I have had two estimates on it and it is approximately $3,500 to do it. I am looking for direction from the Board, but it is not on my property. The amount of traffic forced to go the easterly route is making a mess of the road, which is the District's responsibility. Mr. Gatti asked do you have a perpetual easement? Ms. Marchand responded yes, I do. Mr. Gatti stated it is partially your responsibility. 15 February 21, 2008 Port of the Islas m ityvement District Ms. Marchand stated it is not my property. Mr. Gatti stated you have rights to the use of that road for your RV Park. Mr. Cox stated you have the right to maintain that easement. Ms. Marchand stated it is a matter of time that there will be an accident. There is not enough room for the vehicles to go both ways. We will take care of it. A resident stated I want the Board input concerning the navigation channel from Port of the Islands out to the Gulf. We have several locations that, at low tide, we have lost a lot of water due to infiltration of sand and sediment, washing both ways in filling that in. It is my concern that if we leave it unchecked for much longer we will lose direct access to the gulf. It means a lot of you are a boat owner. If you are a property owner and you no longer have direct access at low tide to the gulf it will dramatically reduce the value of the waterfront property. My concern is how do we open those channels. It is only in a few areas. Is it possible for the C.I.D. to contact Mr. Colletti's office? It will take a lot of time to take care of this. If we lose this, it will be difficult to get this back. Mr. Gatti stated when this area was initially developed; the developer put those signs in. As recently as two or three years ago the County took over the signage. In terms of dredging the canal the time, money and permitting process is extensive. Mr. Wolsky stated the problem is what to do about it. Mr. Gatti stated we can talk to the County. There are certain canals around Marco Island that the County maintains. Your point is well taken. Perhaps we can get together and express our interests to the County. Mr. Mack stated on the fingers on Cays Drive there are a lot of pepper trees. Whose responsibility is that to take those out? Mr. Wolsky responded it would be the property owner. Mr. Benson asked are they vacant lots? Mr. Mack responded yes. Mr. Benson stated before you apply for a C.O. there is no enforcement policy. The County gives everyone a five -year period to take care of his or her exotics. SIXTH ORDER OF BUSINESS Approval of Check Register On MOTION by Mr. Bissell seconded by Mr. Gatti with all in favor the check register was approved. Itel February 21, 2008 Port of the Islands Community Improvement District 1611 low SEVENTH ORDER OF BUSINESS Adj ournment On MOTION by Mr. Gatti seconded by Mr. Bissell with all i favor the meeting was adjourned at 12;40 p.m. Secretary / Assistant Secretary 17 Chairman / Vice Chairman Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ---- ---- -------- - - - - --- - - - -- ------------------- +-- - ------------------- - - - - -- N Notice of meeting port community improvement District PORT OF THE ISLANDS T The of of Supervl- 10300 NW 11TH MANOR s sors o CORAL SPRINGS FL 33071 I provement District will Pd t their regular m dn thFebruary QQe om�� 250000 Tamla 1 11 Trail, f REFERENCE 01Q948 e en to 'the publle In 3 111 be.conducted.�n 58605475 NOTICE OF MEETINGPOR a aprovsl nce w(torthe State of Florida D Law I County of Collier T There may be occasions appeared 13. Lamb, who on oath says that she serves p pervisors will particb At as Assistant Corporate Secretary of the Haples a re twill beOVpresent- on ere p Daily News, a daily newspaper published at Naples, e peak in Collier Co +anty, Florida: that the attached I Interested person can copy of advertising was published in said a attend the meeting at newspaper on dates listed. t be fully Informed of the discussions taking place News is a newspaper published at Naples, in said e either In person or by Collier County, Florida, and that the said t tion. newspaper has heretofore been continuously Any person requiring S ecial accommodations day and has been entered as second class mail a apt this meeting because matter at the po::t office in Naples, in said o of a disability o Collier County, Florida, for a period of 1 year c contact the District Of- next preceding the first publication of t fice at ( attached copy of advertisement; and affiant l prior to the meetln0• further says that she has neither paid nor E Each person who decid. discount, rebate, ccmmission or refund for the s slon made by the Board purpose of securing this advertisement for w with respect to a publiction in the said newspaper. m meet) psis ud advised t person will need a - Signature of Affiant J�` r_ Y 20 3 Sworn to and Subscribxf rc me L'1;"oa of S? I Fersonally known by me �� ►i,� Donna �.v My Commission DD056336 or nd� Expires September 11, 2006 1511' Port of the Islands Community Improvement District Agenda Friday y E ret Room February 21, 200:3 25000 Tamiami Trail 10:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the January 17, 2005 Meeting 3. Consideration of rate adjustment in accordance with Young, Van Assenderp, Varnadoe & Anderson, P.A. Master Legal Service Agreement 4. Staff Reports a. Attorney b. Engineer c. Manager d. Field Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Check Register 7. Adjournment YOUNG, VAN ASSENDEI3P, VARNADOE ATTORNEYS AT LAW R. BRUCE ANDERSON CLAY C. BROOKER TASHA 0. BUFORD DANIEL H. COX TIMOTHY S. FRANKLIN DAVID P. HOPSTETTER* C. LAURENCE KEESEY KENZA VAN ASSENDERP GEORGE L. VARNADOE ROY C. YOUNG *BOARD CERTIFIED REAL ESTATE LAWYER OF COUNSEL DAVID B. ERWIN A.J. JIM SPALLA REPLY TO: dcox@yvvalaw. com & ANDEIOms . GALLIE'S HALL 22S SOUTH ADAMS STREET SUITE 200 POST OFFICE BOX 1833 (ZIP 32302-1833) TALLAHASSEE, FLORIDA 32301 TELEPHONE (850) 222 -7206 TELECOPIER (850) 561-6834 SUNTRUST BUILDING E301 LAUREL OAK DRIVE Naples SUITE 300 POST OFFICE BOX 7907 (ZIP 34101 -7907) NAPLES, FLORIDA 34108 TELEPHONE (239) 597 -2814 TELECOPIER (239) 597 -1060 January 29, 2003 Board of Supervisors Port of the Islands Community Development District 210 North University Coral Springs, FL 33071 RE: Adjustment to Rate for Attorneys' Fees Dear Board of Supervisors: This law firm has served as the general counsel to the Community Development District pursuant to an agreement between the District and this firm dated March 21, 1991. The Agreement does not include any rate adjustment provisions nor have we requested an adjustment in the rate for our services as general counsel since the effective date of the agreement. We are requesting that the Board of Supervisors enter into an amendment to the legal services agreement to provide that the rate schedule attached hereto as Exhibit A shall be the rate of the fees charged for the attorneys doing work as general counsel for the District. In all other respects, the March 21, 1991 agreement would remain unchanged. We appreciate your affirmative considera,Aon of this request. Daniel H DHC/ls Cox Enclosure as stated 14 ' RATE SCHEDULE Kenza van Assenderp $275 R. Bruce Anderson $250 Daniel H. Cox $200 All Clerks $45 1611'j Drinking Water Warning THIS NOTICE APPLIES TO ALL CUSTOMERS OF THE PORT OF THE ISLANDS WATER TREATMENT PLANT Situation Two bacteriological samples collected on February 6, 2003, from the distribution system served by the Port of the Islands water treatment plant, indicated the presence of Total Coliform bacteria in the drinking water. The public water system is not allowed to have any more than one unsatisfactory (Total Fecal Coliform- positive) bacteriological sample during any one calendar month. Therefore, this water system exceeded the Maximum Contaminant Level for microbiological contaminants for the month of February 2003, in accordance with Rule 62 -550, Florida Administrative Code. Health Effects Coliforms are bacteria that are naturally Present in the environment and are used as an indicator that other. Potentially harmful bacteria may be Present Coliforms were found in more samples than allowed and this was a warning of potential Problems What should customers do? At this time, customers are NOT REQUIRED TO TAKE ANY ACTION. What is being done? On February 11, 2003, the water system collected six repeat bacteriological samples at the locations in the distribution system which indicated the presence of Total Coliform bacteria on February 6, 2003, as well as one sample within five service connections upstream and downstream of each of the February 6, 2003 Total Coliform positive distribution sample sites. The laboratory analyses results for all of the repeat samples collected on February 11; 2003 indicated the absence of Coliform bacteria in the drinking water. Additional information For more information please contact TIM STEPHENS at (239) 642 -9219, 12600 Union Road, Naples Florida or contact the Department of Environmental Protection potable water compliance /enforcement section at (239) 332 -6975. Please share this information with all the other people who drink this water, especially those who may not have received this notice directly, (for example people in apartm(ints, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail. 1611 � Port of the Islands Community Improvement District Financial Reporting February 21, 2003 Table of Contents I. 1611"1 Financial Statements - December 31, 2002 II. Special Assessment Receipts - Fiscal Year 2003 M. Check Register Summary - February 21, 2003 IV. Bank Statement - December 31, 2002 A v Q G 4 p p w H C N GG G p v u uu on Q > 2s ppv.. O y cn CG G v W 0 CL N 6! V VI 0. ,� OQdG1C+a.c.QQ 0 4 K�1 n M o In p n W O N Efl [pp��� O a~O\ p0�pp0p EA n ts ;�Q M t, p Q 4O ,� O O d' NFA EA 46S y> er N c33 N 4� "O l, i EA cl� kA .y 'G Oi `C O � n n Z 11 O� O O U � N � rOl V � w �00 M gd, Ln V� ►" w v�o ^ cc v r, 14-1 G r. u ! s ! I Z f co Zb r\ i i! O co EA O O 5A h O O cn a0 N M m EE\pAA E� � EA fA O: A v Q G 4 p p w H C N GG G p v u uu on Q > 2s ppv.. O y cn CG G v W 0 CL N 6! V VI 0. ,� OQdG1C+a.c.QQ 0 4 K�1 n M o In p n W O N Efl mN dam' .^ dam' O co N N ON M co 10 rl n ;�Q M t, p Q 4O EA EA EA EA Lr� O d' °' p I kA .y 'G OM o1o�f � � M us FA ��113 � N V� 89 � h N ' N m i �o!i 10co EA NA 4 n N n EA o1o�f � � M us FA ��113 � N V� 89 � h N ' N m i �o!i 10co EA NA 4 y Q v v � 'fJ U O TS X V T v p Q 4O Q 0. G O p ILI p .y 'G Port of the Islands 1ef �. 1 Community Improvement y rovemen p t Dlstri, General Fund Statement of Revenues & Expenditures For Period Ending December 31, 2002 General Fund Prorated Budget Actual Budget thru 12/31/02 thru 12/31/02 Variance Revenues Maintenance Assessments $365,278 $155,426 $155,426 ($0) Interest/ Miscellaneous Income $1,200 $300 $1,374 $1,074 Total Revenues $366,478 $155,726 $156,800 $1,074 Administrative Expenditures Supervisors Fees $6,000 $1,500 $800 $700 Engineering Fees $12,000 $3,000 $3,474 ($474) Attorney's Fees $12,000 $3,000 $836 $2,164 Annual Audit $4,700 $1,175 $0 $1,175 Management Fees $11,167 $2,792 $2,792 $0 Accounting $5,171 $1,293 $1,293 ($0) Recording Secretary $3,284 $821 $821 $0 Computer Fees $750 $188 $188 $0 Rebate Calculation $625 $156 $0 $156 Trustee Fees $1,310 $328 $482 ($154) Property Appraiser $4,686 $1,172 $0 $1,172 Assessment Roll $8,400 $2,100 $0 $2,100 Travel & Per Diem $250 $63 $0 $63 Telephone $150 $38 $94 ($56) Postage $2,500 $625 $694 ($69) Rentals & Leases $1,200 $300 $300 $0 Insurance $5,900 $2,351 $2,784 ($433) Printing & Binding $1,000 $250 $413 ($163) Legal Advertising $1,000 $250 $100 $151 Other Current Charge $250 $63 $497 ($435) Office Supplies $50 $13 $331 ($318) Dues & Licenses $175 $175 $175 $0 Capital Outlay $500 $125 $0 $125 Total Administrative Expenditures $83,068 $21,774 $16,072 -2- $5,702 1 Ir Port of the Islands o i l Community Improvement District a General Fund Statement of Revenues & Expenditures For Period Ending December 31, 2002 General Fund Prorated Budget Actual Budget thru 12/31/02 thru 12/31/02 Variance Maintenance Expenditures Personnel $63,669 $15,917 $13,306 $2,612 FICA Expense $4,871 $1,218 $1,098 $119 Health Insurance $7,000 $1,750 $2,562 ($812) Pension $3,820 $955 $0 $955 Workers Compensation $2,500 $625 $595 $31 Landscape Maintenance $60,000 $15,000 $13,993 $1,007 Street Lighting $19,000 $4,750 $6,506 ($1,756) Irrigation $4,500 $1,125 $2,067 ($942) Rentals & Leases $2,850 $713 $701 $11 Maintenance - Roads $5,000 $1,250 $0 $1,250 Maintenance - Drainage $2,500 $625 $0 $625 Mosquito Control $13,500 $3,375 $0 $3,375 Repairs & Maintenance $5,000 $1,250 $2,820 ($1,570) Operating Supplies $1,500 $375 $28 $347 Capital Outlay $40,000 $10,000 $0 $10,000 Bad Debt $47,700 $11,925 $0 $11,925 Total Maintenance Expenditures $283,410 $70,852 $43,675 $27,177 Total Expenditures $366,478 $92,627 $59,747 $32,880 Excess Revenues (Expenditures) $0 $97,052 Beginning Fund Balance $256,864 Ending Fund Balance $353,916 -3- Port of the Islands 1 Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For Period Ending December 31, 2002 Debt Service Prorated Budget Actual Budget thru 12/31/02 thru 12/31/02 Variance Revenues Special Assessments $754,550 $132,062 $132,062 $0 Prepaid Assessments $0 $0 $3,658 $3,658 Interest Income $0 $0 $1,637 $1,637 Total Revenues Expenditures $132,062 $137,358 $5 Principal Expense $380,000 $0 $0 $0 Interest Expense $376,650 $188,325 $0 $188,325 Special Call $210,000 $0 $0 $0 Other Debt Service Costs $15,000 $15,000 $15,915 ($915) Total Expenditures $981,650 $203,325 $15,915 $187,410 Excess Revenues (Expenditures) ($227,100) ($71,263) $121,443 $192,706 Beginning Fund Balance $398,325 $611,850 Ending Fund Balance $171,225 $733,292 -4- Port of the Islands 1611 Community Improvement District Capital Projects Fund Statement of Revenues & Expenditures For Period Ending December 31, 2002 Revenues Interest Income Total Revenues Expenditures Capital Outlay Total Expenditures Other Financing Sources(Uses) Interfund Transfer Out Total Other Financing Sources (Uses) Capita Projects Prorated Budget Actual Budget thru 12/31/02 thru 12/31/02 Variance $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 - $0 $0 $0 I Excess Revenues and other Financing Sources Over(Under) Expenditures $0 $0 $0 $0 Beginning Fund Balance $0 $40 Ending Fund Balance $0 $40 -5- Port of the Islands 1611 Community Improvement District Water & Sewer Statement of Revenues & Expenditures For Period Ending December 31, 2002 Water & Sewer Prorated Budget Actual Budget thru 12/31/02 thru 12/31/02 Variance Revenues Standby Fees $391,119 $155,716 $155,716 ($0) Sewer Revenue $61,351 $15,338 $12,282 ($3,056) Water Revenue $38,513 $9,628 $8,042 ($1,586) Irrigation Revenue $40,000 $10,000 $12,922 $2,922 Meter Fees $5,250 $1,313 $0 ($1,313) Interest Income $500 $125 $210 $85 Total Revenues 11 $536,732 $192,119 $189,172 ($2,947) Administrative Expenditures Supervisors Fees $6,000 $1,500 $800 $700 Engineering Fees $12,000 $3,000 $3,474 ($474) Legal Fees $12,000 $3,000 $1,893 $1,107 Annual Audit $4,700 $1,175 $0 $1,175 Management Fees $11,167 $2,792 $2,792 $0 Accounting Fees $5,171 $1,293 $1,293 $0 Recording Secretary $3,284 $821 $821 $0 Computer Services $750 $188 $188 $0 Trustee Fees $1,310 $328 $482 ($154) Property Appraiser $5,867 $1,467 $0 $1,467 Arbitrage Calculation $625 $156 $0 $156 Utility Billing $8,925 $2,231 $0 $2,231 Travel & Per Diem $250 $63 $0 $63 Telephone $100 $25 $92 ($67) Postage $2,500 $625 $438 $187 Rentals & Leases $1,200 $300 $300 $0 Insurance $16,500 $4,125 $2,769 $1,356 Printing & Binding $550 $138 $113 $24 Legal Advertising $1,000 $250 $99 $151 Other Current Charge $1,500 $375 $762 ($387) Office Supplies $350 $88 $42 $46 Bad Debt $90,258 $22,565 $0 $22,565 Total Administrative $186,007 $46,502 $16,357 $30,145 02 Port of the Islands 16 11' Community Improvement District Water & Sewer Statement of Revenues & Expenditures For Period Ending December 31, 2002 Water & Sewer Prorated Budget Actual Budget thru 12/31/02 thru 12/31/02 Variance Maintenance Expenditures Personnel $63,669 $15,917 $13,306 $2,612 FICA Expense $4,871 $1,218 $937 $280 Health Insurance $7,000 $1,750 $2,562 ($812) Pension $3,820 $955 $0 $955 Workers Compensation $2,500 $625 $595 $31 Contractual Services $25,000 $6,250 $6,707 ($457) Telephone $4,500 $1,125 $290 $835 Utilities $27,500 $6,875 $9,468 ($2,593) Rentals & Leases $13,500 $3,375 $2,262 $1,113 Repairs & Maintenance $40,000 $10,000 $2,978 $7,022 Operating Supplies $60,000 $15,000 $19,859 ($4,859) Licenses $1,500 $375 $100 $275 Renewal & Replacement $95,000 $23,750 $0 $23,750 Capital Outlay $0 $0 $0 $0 Total Maintenance $348,860 $87,215 $59,063 $28,112JI Total Expenditures $534,867 $133,717 $75,420 $58,297 Net Income (Loss) $1,865 $113,752 Beginning Retained Earnings ($530,946) Ending Retained Earnings $417,194) -7- Total 1611'1 On Roll Assessments Port of the Islands Community Improvement District Percentage Assessments 1 Assessments Collected Transferred Special Assessment Receipts O&M $388,597.40 W &S $389,322.53 Debt Service – $330,183.25 3 35.0_7% 35.13% _ 29.80% Fiscal Year 2003 Total $1,108,103.18 100.00% February 21, 2003 xei is Dff Roll Assessments $366,393.82 Date Description Net Receipts 11/01/02 #17709 $1,721.72 11/01/01 #300030148 $284.38 11/15/02 #300030243 $22,079.14 12/02/02 #300030593 $87,973.07 12/17/02 #300031384 $331,145.46 Total 1611'1 On Roll Assessments Amount Assessed Percentage Assessments 1 Assessments Collected Transferred To be Transferred O&M $388,597.40 W &S $389,322.53 Debt Service – $330,183.25 3 35.0_7% 35.13% _ 29.80% $155,425.81 ($155,4_2_5 81)y - $0.00 $---15-5,7-15-.8-4---- _ , ($155,715.84) ($0.00 $132,062.13 ($132,062.13)1 ($0.00 i Total $1,108,103.18 100.00% $443,203.77 ($-443,203.78) ($0.01 Dff Roll Assessments $366,393.82 Total Assessment $1,474,413.92 Port of the Islands Community Improvement District Special Assessment Receipts Fiscal Year 2003 February 21, 2003 interfund Transfers Date W &S DS Total 12/17/02 $39,370.72 i $313,390.194 . $72,760.91 12/31/02 $116,345.12 $98,671.94 1 $215,017.06 Total $155,715.84 $132,062.13 $287,777.97 I �11'-1 1611'' Port of the Islands Community Improvement District Summary of Check Registers February 21, 2003 General Fund Date Check No. Amount 1/7/03 - 2/5/03 831-851 $183,198.23 Water & Sewer Fund Date Check No. Amount 1/7/03 - 2/5/03 1848-1881 $129,255.62 Total $312,453.85 1611 '' ., H Ln Q0 r p 01 O H N r N M V M 1 M 1 M I M I M I M I M I M I M I � I VI I 1--T I �k CO 00 p W CO 00 co co CO co W O] 0 1 O O O O I O I O I O O O O I O [i] O O O O O O O O O O O O O I O I O O I O O O I O O O O O I r� U I O I O I 00 1 01 Lo O I O I O I VI O 00 x a) o o m o O m rn N U I I "I Ln o I I 1 • I rl O O r N Lfl O O O 61 m . 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O W O O R O H O 1 o 0 I O O U 1 O N C l i N x N a N N N W N N \ E E a o u ow vw a w w w a \ H in H O U F M M M M fL W M W 1'"1 1 W o O rp DH o o� .mc, n I C) m N W U VIa 0:, N,7 �D G; W F[,'00 W NUN A OO I N N O N I HH Op N U cow dl Cn rlH -- W I O CL O Es \ \ I c-� E \ E O� I dl Ul I r M I M M I M M 1 M 1 N 1 ° o ° o \ ° \ o \ \ \ C) O I O N 0) I N 1 cD O U1 I M I w O Cl O r E O O O I O O O O O O O I I A I I I I x I M I M I M I M I I M 1 0 I O I O I O I O I x x U E \ \ \ - O U W 9 I co I a) 1� O o x A N N O ° W k H H N N N Port of the Islands 1611 Community Improvement District Balance Per Bank Statement Add: Transfers/ Deposits in Transit Less: Outstanding Checks Balance Per Bank Beginning Bank Balance Per Books Cash Receipts Cash Disbursements Adjustments Balance Per Books Check # 823 824 825 826 827 828 829 830 Month Ending Dec -02 GF Outstanding Checks Amount Check # $155.00 $104.60 $37.13 $233.67 $2,020.86 $59.12 $98,671.94 $116,345.12 $380,916.08 ($217,727.44) $163,188.64 $31,285.61 $450,621.58 ($318,721.36) $27.91 ($25.10) $163,188.64 Amount Port of the Islands 1' Community Improvement District �1 Balance Per Bank Statement Add: Transfers /Deposits in Transit Less: Outstanding Checks Balance Per Bank Beginning Bank Balance Per Books Cash Receipts Cash Disbursements Adjustments Balance Per Books Check # 1625 1813 1842 1843 1844 Amount $50.0 Month Ending Dec -02 WS Outstanding Checks Check # p 1845 $449.50 $44.93 $49.88 $50.00 $49.08 $60.25 $104.59 $37.12 $233.68 1846 $50,023.51 ($3,508.07) $46,515.44 $18,486.05 $68,671.91 ($7,360.98) ($33,126.14) $3.92 ($159.32) $46,515.44 Amount $2,319.92 $59.12 April 15, 2003 Ms. Maureen Kenyon Collier County Deputy Clerk to the Board 2671 Airport Road South, Suite zoz Court Plaza III Naples, Florida 34112 Re: Lely Community Development District Minutes Dear Ms. Kenyon: 1611 Fiala Halas '` —"--- Henning Coyle Coletta 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 May 2002 through March 2003. Also enclosed is the proposed schedule of Board meetings for the remainder of the current year. If you upon review of the above have any questions or concerns please do not hesitate to contact me. Sincerely, Susan C. Servis on beha W. Neil Dorrill, District Manager enclosures cc: Miscellaneous Correspondence Lely ,Ip kesort C,n'_F U N i:Y LU R Mist. G'clres: Da e: C®Wies jai: Lely Community Development District 5645 Strand Boulevard, Suite #3 • Naples, Florida 34110 • tel 941- 592 -9115 • fax 941- 594 -1422 -,ELY COMMUNITY DEVELOPM_ .4T 1611 A I Naples, Florida Minutes of a Regular Meeting of the S unervisors of I ely Community Development Held on Max 15, 2042 Regular Meeting of the Supervisors of Lely Community Development was held on Wednesday, May 15, 2002 at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor Michael J. Volpe, 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 Mr. Dorrill requested that Items 4C and D be addressed first under Manager's Report as the Budget review would take a considerable period of time. Mr. Drum asked for an update on the road situation regarding their dedication and turnover, and the topic was added as item 6A Mr. Fisher requested the status on the agreement for Lake 17, and it was added as 6B. Mr. Drum further requested that an update and determination be made on lake fountains, ant it was added as 6C. With these three additions to the agenda a MOTION was made by Mr. Moore with a second by Mr. Krout for approval of the agenda, and passed unanimously. APPROVAL OF MINUTES OF THE APRIL 17, 2002 MEETING Mr. Dorrill requested that the minutes of the April 2002 meeting be approved. A MOTION was made by Mr. Moore and seconded by Mr. Drum for approval of the minutes, and passed unanimously. MANAGER'S REPORT C. Reane I:y DeveloWr of Masters Reserve Mr. Dorrill reminded the Board of the presentation of the plat made by the developer's engineer - at a previous meeting. Mr. Dorrill further advised the Board of the developer's decision to pay the bond in phases, and their intention to ask the Board for permission to replat. Mr. Cook appeared and explained that the plat has been redone, and once the Board approves it it will be recorded with the County. After this phase has been completed with 58 units, they will commence construction on Masters Reserve Phase 2. Mr. Drum asked why the Board's approval was necessary prior to submission to the County, and was ' � 1- - RELY COMMUNITY DEVELOPN ; t Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on May 15, 2002 Minutes - Lely Community Development Mav 15, 2002 Page 2 advised by Mr. Dorrill that typically these plans are reviewed by the District's engineer and attorney to assure that the proper easements are in place, and that the District has been a reviewer and signatory on these submissions for areas that are important to the District for many years. Discussion was had regarding the dedications to LCDD, and the replat will not change any of those dedications. Mr. Dorrill suggested to the Board that they authorize the Chairman to sign the replat after it had been confirmed that there had been no other changes to it or omissions in it. The Board attorney will review the original plat and the replat to assure that confirmation. A MOTION was made by Mr. Krout and seconded by Mr. Fisher to that effect and passed unanimously. D. Masters Reserve Irrigation Meter Request Mr. Dorrill reminded the Board of a discussion held last month related to a request to modify the District's practice to require individual meters. The Board's concerns were the responsibility of the District should there be pressure problems for the last of the developed units. Mr. Cook advised that there would be a six inch meter, and introduced Mr. Bob Williamson, an irrigation specialist who reported on the master control system and its technology and uses, suggested it would alleviate the overloading of the system, and further indicated that there would only be one meter to read. Mr. Ellis reported that he is satisfied with a six inch meter, and felt the District would then have no responsibilities. The Board attorney suggested that the ownership of the buried water lines beyond the meter, in the public way, should be with the District. He was advised by Mr. Williamson that the homeowner's association responsibility would be up to and including the ball valve. Mr. Dorrill suggested that an agreement between the association and the District be entered into that would treat the ball valve and anything on private property to be treated the same way it is being treated for the rest of the community. In responding to a further question by Mr. Drum, Mr. Cook advised that everything that is being developed is within the District. A MOTION for approval was made by Mr. Fisher and seconded by Mr. Krout, subject to a final agreement to be prepared by the District, between the District and the Masters Reserve Homeowners Association, and passed unanimously. A. Status of Professional Service R F P 's and Final Fee Estimates Mr. Dorrill presented a copy of the legal notice soliciting professional services. The Naples based engineering firms of Agnoli, Barber and Brundage, Hole Montes, RWA and Waldrop Engineering, and the law firms of Young, Van Assenderp and Varnadoe, Goodlette, Coleman and Johnson, David E. Bryant who is an individual attorney, and Quarles and Brady were sent packages. Mr. Drum indicated a concern that the District should not limit itself to these firms, and suggested that Anthony Pires be added to the list. Mr. Drum further suggested that it was important that any conflict of interest be noted by any firms applying up front so it can be immediately addressed. Mr. Dorrill assured the Board that anyone can respond to the legal notice running in the newspaper, and asked for further suggestions and names from the Board. Mr. Dorrill will compile the list of applicants with the pertinent information and present it to the Board at the June meeting. At that time the Board can make a determination of the number one ranked firm in each of the categories, at which time Mr. Dorrill will negotiate a contract with them. The Board was assured that it is not limited to any particular firm, engineer or attorney, and the choice will rest solely with them. Discussion was had regarding the structure of future contracts with the professionals the Board will VELY COMMUNITY DEVELOPNi_ _4T 1 I 1 Naples, Florida Minutes of a Regular Meeting of the Supervisors of Le ly Community Development Held on May 15, 2002 Minutes -Lely Community Development Mav 15, 2002 Page 3 be hiring in an effort to reduce unnecessary charges. Mr. Dorrill indicated that he is working with Wilson, Miller to settle some outstanding invoices that seem excessive or need further explanation. Mr. Dorrill indicated that Wilson, Miller had completed the work they had been contracted for, and there was no reason that this work would have to be redone by a new engineer. The Payment Values on the construction work payment submission will have to be reviewed by Mr. Ellis and possibly Wilson, Miller. After discussion regarding a concern the Board had about having an attorney present at the July meeting should the vacancy be unfilled, Mr. Volpe agreed to attend that meeting to address any legal issues that may arise during that meeting. B. Res o mendation to Review /Annrove tentative FY 2003 Budget Mr. Dorrill handed out a consolidated budget summary, the schedule of debt service, and a schedule of capital leases, some of which will be paid off this year on several pieces of equipment. Mr. Dorrill indicated that overall this budget will result in a decrease over the current year's budget. Next year the operating budget will be reduced from a per home assessment of $469 to $365. Insurance bills will increase due to the new building. There are several new departments as well, such as security. On the general fund side State law requires that a budget must be structured as if an entity were not going to receive 100 percent of assessments. The $49,800.00 is the statutorial revenue reserve that is required to be budgeted Mr. Dorrill has also added a contingency reserve for the coming year as extra funds, not targeted for anything, which will be available if needed. Thus the total operating budget is going up about 8 percent, due to a 3 percent cost of living increase, a 2 percent increase for health insurance, an d the contingency reserve fund Other than that costs are decreasing as Mr. Dorrill and Mr. Ellis become more familiar with actual costs based on occurrence. Mr. Dorrill explained the debt service in detail, with the increase in principal reduction payments. Overall the District is approximately 4 percent less in terms of actual expenditures than last year. A suggestion was made by a member of the Board to see if the bonds at 8 percent are recallable as interest rates are very low at this point. Mr. Volpe gave the Board the history of the bonds, and indicated they are not the same kinds of bonds you would get from the City, however, the Board and Mr. Dorrill felt that this should be looked into at some near future point. Responding to a concern made by a Board member about the large payments scheduled for 2008, Mr. Dorrill indicated that that is going to be greatly offset due to the amount of prepayments being made. Further discussion was had regarding the decrease in capital lease expenses this year, and Mr. Dorrill suggested that at the beginning of the next fiscal year, Mr. Ellis' vehicle be replaced with a comparable vehicle, that the pickup truck be declared surplus to be sold, and the Blazer be used as the community security vehicle. It was also suggested by Mr. Dorrill that a used cherry- picker type of truck be purchased with a maximum price of $30,000 as it has become fiscally prudent to do the tree trimming in house as opposed to hiring outside contractors. - At the request of the Board Mr. Dorrill in the future will produce a document including the adopted budget, a 12 month estimate and then the recommended budget so projected expenses can be seen. It was noted that this year the additional expense of a CPA has been added to the budget, which the Board authorized in February. It was suggested by a member of the Board that the cost of living increase for Mr. Dorrill be raised from 1 to 2 percent. Mr. Dorrill will check and report to the Board on the effluent water supply and .ELY COMMUNITY DEVELOPIV-k_ _1T Naples, Florida Minutes of a Regular Meeting of the Supervisors of L Community Development Held on May 15, 2002 Minutes - Lely Community Development May 15, 2002 Page 4 the attempts to get the County to roll back the increase. The District budgeted $68,000 for last year, and there was a concern that an increase this year would put the District in the hole. Responding to a question from the Board Mr. Ellis reported on the fountains in the District lakes, the cost and how they are budgeted. Mr. Dorrill indicated that as a subdivision of the State, the District is entitled to use the volume contracts the State has which results in great savings to the District. Finally Mr. Drum had four suggestions for the budget, one being the reduction in taxes which this budget will provide. Secondly, he suggested an increase in police protection. Mr. Dorrill explained the police protection coverage and how it works, and what extra protection the mentioned $10,000 would buy. Mr. Dorrill will check with the Highway Patrol as to what availability they have to cover additional time for the District, and will report back to the Board at the June meeting. Additional discussion was had regarding the pay as you go approach to the fertilizer and chemical storage building, and Mr. Dorrill suggested that the Board wait until October to see what the on hand cash will be. Further discussion was had regarding fountains in individual lakes, and discussion was had regarding the fact that if the homeowners will pay for the fountains, then the District will pay the electric bill, as approved at the April meeting. A brief discussion was had regarding the landscaping to US 41 and the District's participation in developing a community project to facilitate this landscaping on the US 41 median adjacent to the District. After discussion it was decided not to participate in the proposed project at this time. A MOTION to approve the tentative budget with the suggested changes and further review to be had in June was made by Mr. Fisher and seconded by Mr. Krout and passed unanimously. ATTORNEYS REPORT Mr. Volpe reported on the resolution from the LDC to the County maintaining ownership of the 20 acre culteral site, and the fact that the LDC will maintain the parcel. Mr. Volpe reported on a letter that was received from Tamiami Builders regarding their failure to secure the contract on the new building to be constructed It was suggested by Mr. Volpe that a procedure be outlined for future unsuccessful bidders to follow if they wished to register a protest with the District. It would then be at the Board's discretion to determine if further investigation is required SUPERVISOR REQUESTS A. iT,W= on the Conve3,an" of the Roads and other Subdivision Facilities - Mr. Dorrill reported that he spoke with John Holsworth at the County, and will write a letter advising him that the Board would like to receive a status report before the conveyance, and would like to be contacted in advance of the day this is scheduled to go before the Commission. Discussion was had regarding whose responsibility it was to maintain the roads, and Mr. Volpe advised the Board that it was the County's responsibility. Mr. Dorrill will put the County on RELY COMMUNITY DEVELOPN._ 4T 1 I Naples, Florida Minutes of a Regular Meeting of the Supervisors _ of Lely Community evelopment Held on May 15, 2002 1 Minutes - Lely Community Development Mav 15, 2002 Page 5 notice that a response is requested regarding the conveyance and whether a petition has been filed, and then will call a second meeting with the County and the District's commissioner to address some of the issues regarding the District roads. B. Status on Agreement for Lake 17 Mr. Ryan reported to Mr. Dorrill that he has authorized CheRy, Passidomo to prepare the agreement as he promised Mr. Moore he would do. At this point a brief discussion was had regarding the respective vacation times of the Board members. A motion was made and seconded to tentatively cancel the regularly scheduled meeting in July, and if there is a need a special meeting will be called. and was unanimously approved PUBLIC COMMENTS Discussion was had by a member of the public regarding care and maintenance of a double hedge abutting her property and whose responsibility it is. Mr. Volpe noted that legally the District should not be maintaining anything on private property. Mr. Ellis will check the boundary lines to determine whether the hedge sits on public or private property. Both the Board and Mr. Dorrill were complemented by a member of the public as to the excellent job they are doing for the District. A follow up to a request made last month for stop signs at the Lely Horses was made, and Mr. Dorrill will speak to Mr. Ryan regarding this safety issue. A member of the public asked how much money was received for the sale of the water from Lake 17, and Mr. Dorrill advised her that none was made, as the water is not meter sold MISCELLANEOUS CORRESPONDENCE There was no correspondence to note on the record ADJOURNMENT With no further business to conduct, the meeting was adjourned at 3:25 p.m. LELY COMMUNITY DEVELOPA 1T 104 Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community De onment Held on 2 Regular Meeting of the Supervisors of Lely Community Development was held on Wednesday, June 19, 2002 at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan, District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Aiso Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor Michael J. Volpe, Esq. District Attorney INVOCATION AND PLEDGE OF ALLEGIANCE invocation led by Neil Dorrill of Dorrill Management Group. The Pledge of Allegiance was recited in u n i sort. ROLL CALLYAPPRO V AL OF AGENDA lvil. Dorrili had no additions or .&CActions for the agenda. A n mbCr of ti1C Board as - d ;f tTic Resolution was available for perusal today and some discussion was had regarding two concerns of Mr. Dorr ll's. One is the 14ct that the Resolution as it is mitten does not tame i+lto account any development activity on the east side of the road, and secondly, ivir. Dorrill felt that the County Corrinussioners should consider gi ing priority to other alternatives givers the level of drstrast and concern surrounding this project. A MOTION was made, seconded and unanimously, approved to have Mr. Do^ill attend the upcoming meeting and speak under the agenda item regarding the project. T+ was requestcd that the topics of hedge trimming, road conveyance, and the use of the Hrghw'ay Patrol be added under item o, Supervisor Requests. With those additions, a MOTION vvas made by Mr. Moore with a second by Mr. Drum for approval of the agenda, and passed unanimously. APPROVAL OF MINTU T ES OF T HE -+,11AY 15, 2002 MEETING With the correction of Mr. Dorrill's increase from 2 to 3 percent on page 3, and the addition of the phrase "and their installation" regarding homeow'ner's payment for the lake fountains on page 4, Mr. Dorrill requested that the nu-* nutes of the May 2002 meeting be approved. A'MO T ION was made by Mr. Moorc and seconded by Mr. Drum for approval of the minutes, and passed unanimously. MANAGER'S REPORT A Selection of Profiession^l Service R_F.P.'s Mr. Dorrill advised the Board that the response to the applications mr R.F.P.'s was very good LELY COMMUNITY DEVELOPN_ IT `0 1 Naples, Florida Minutes of a Regular Meeting of the S �nervisors of Lelyy Community De v onment Held on June 19, 2002 Minutes, Lely Community Development June 19, 2002 Page 2 A written R.F.P. was sent to the Woodward, Pires firm at the Board's request. As the Board had been previously provided with all the returned RF.P.'s for their consideration, along with an idea of what the billing rates would be on each, Mr. Dorrill asked each Board member to vote for their number one and number two choices, in accordance with the normal consulting competitive selection process_ Discussion was had regarding a possible conflict of interest with attorneys regarding legal action against the county and the need for the District to have an attorney whose first allegiance is to the District. Mr. Dorrill expressed to the Board his knowledge about the applying attorneys and their history of appearances before the County Commission, as well as the possible time constraints of a sole practitioner as opposed to a member of a large law firm. A MOTION was made by Mr. Drum and seconded by Mr. Fisher in the form of a recommendation to hire David Bryant, subject to a final interview and contract that the Board will approve at their next meeting, and passed unanimously. Discussion was then had regarding the two engineering firms, Hole, Montes and Agnoli, Barber who had returned R.F.P.'s Both are local, mid sized firms, with no problem from a conflict perspective. It was felt by the Board that any engineer that would be hired would be present on an "on call" basis, and would only be present at meetings when requested to be there, with ample notice being provided. A MOTION was made by Mr. Moore and seconded by Mr. Fisher that the firm of Hole, Montes be selected, again subject to final interview and an approved contract, and passed unanimously. B. Follow-up on Engagement of Pension Plan Services Mr. Dorrill advised the Board that the firm of Mr. Andre Patron in Fort Myers had been engaged to update the Pension Plan, and further information will be provided to the Board as work progresses. Discussion was had regarding the Trustees, and how many people are presently on the Pension Plan. The plan will be reviewed by the Board as it is updated, and will be addressed at a future meeting. ATTORNEYSREPORT Mr. Volpe advised the Board that he had been in contact with the County Attorney, Mr. Weigel, approximately three weeks ago regarding ownership of the various streets and roadways within the District. Mr. Weigel indicated that he would check on that and get back to Mr. Volpe. Mr. Volpe will be sure to follow up on the requested answer before new counsel takes over. Mr. Drum indicated his disappointment in not yet having these opinions from the County, and Mr. Dorrill agreed that the County and the Developer needed to get to the bottom of the issue, and it was his hope that it would be resolved in the near future. Mr. Volpe advised the Board that the turnover documents had been prepared, and it was the role of the District to turn the roadways over to the County. He further advised the Board that the former engineer, Wilson, Miller would know what roads had been turned over. Mr. Volpe will advise the Board as soon as an answer is received. RELY COMMUNITY DEVELOPN, iT '. Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on June 19. 2002 Minutes -Lely Community Development June 19, 2002 Page 3 Mr. Volpe also advised the Board that he had received a phone call from Commissioner Coletta in response to the Resolution W. Volpe had prepared on behalf of the Board, and Mr. Volpe and Mr. Dorrill did meet with Mr. Coletta regarding the District's involvement in the lawsuit regarding the amphitheater. Mr. Volpe clarified to Mr. Coletta that the District was not a party to the lawsuit, and if there were any further questions Mr. Drum would address those with Mr. Coletta. Thirdly, Mr. Volpe advised the Board that after the selection of new counsel was made by the Board, that he would work with him regarding the active files so that legal services could go forward. SUPERVISOR REQUESTS A. Hedge Trimmine Mr. Dorrill reported to the Board that this function has been maintained by the District, if in the future an inventory of areas is done and it is found that certain hedges are on private property, then that fact will be reported to the Board and addressed at that time. In connection with this discussion a request was made by a member of the Board for a list of the vendors the District employs and the job they perform. Mr. Dorrill will attach this information as part of the financial statements at the nest meeting. B. Road Discussion As this topic had been addressed earlier in the meeting, the only further observation made by a member of the Board is the actual deterioration of some of the road surfaces was a concern. Lely Resort Boulevard is taking a particular beating from the big concrete trucks working on the expansion at the sewer plant. C. Highway Patrol Mr. Dorrill reported that he had spoken to Lt. Campbell and invited him to attend the August meeting and hear from him as to his impressions of the community needs, and further asked him if it would be possible to expand on their services next year. At this point it is Mr. Dorrill's plan to cut back on Wackenhut and expand on Highway Patrol services to at least four and perhaps five days per week including weekends. The Board will be hearing from Lt. Campbell at the August meeting. PUBLIC COMMENTS In response to a question regarding Lake 17, Mr. Dorrill indicated that he had spoken to Mr. Bryant about this subject, and Mr. Bryant indicated that he would contact Mr. Passidomo and they would prioritize that. Mr. Dorrill will bring an update to the Board as soon as the information is available. Discussion was had once again regarding the ownership of the District roads and the importance of determining who is responsible for maintenance. It was further reiterated for a member of the public that the Board is opposed to the building of an RELY COMMUNITY DEVELOPNI_ T Naples, Florida Minutes of a RegnLu Meeting of� the Supervisors of Lely Community Development Feld on June 19, 2002 1finutes - Le1v Community Development June 19, 2002 Page 4 amphitheater at the proposed location. Regarding the discussion of public roads. Mr. Volpe suggested to the Board that they may want to have the new District counsel provide the Board with a memorandum as to when and under what circumstances a community development district can under its security powers regulate entrance into and from a district. Mr. Volpe further indicated that a Supreme Court case indicates that you cannot deny public access, but you can control it under certain circumstances. and he will provide a copy of the case to the Board members which addresses the concept of gated communities. Mr. Dorrill indicated that he has had some preliminary discussions with Mr. Volpe on this issue. and it will be turned over as an active file to new counsel. Mr. Volpe again advised the Board that he will be available to them for as long as his services are required. In response to a question from the public Mr. Dorrill indicated a one way sign has been installed at the Lelv Horses. Further, as Mr. Ryan has not yet had the promised no parking signs installed at the Lelv Horses, Mr. Dorrill indicated the District would take care of it and bill Mr. Ryan accordingly. The suggestion was made that a sign limiting the parking time could be installed to further handle the parking problem at the Horses. Mr. Volpe responded to a question regarding legislation to change Chapter 190 to put the members of the CDD on the same election cycle as the regular general elections. The legislation died in Committee twice, but the work product is available. Mr. Dorrill will put this issue in the tickler file for the fall to revisit during the legislative delegation. Upon the request of a member of the Board the September meeting will be moved from the 18th to the 11 th. MISCELLANEOUS CORRESPONDENCE A letter was received from Wilson. Miller indicating an error in their most recent billing in the amount of $568 over the authorized amount, and they are going to absorb that error. ADJOURNMENT With no further business to conduct._ a motion was made and seconded and the meeting was adjourned at 2:45 p.m. 1611,01 THERE WAS NO JULY 2002 MEETING [:a I mm 01 ,,ELY COMMUNITY DEVELOPM- _T Naples, Florida Minutes, of a Regular Meeting of the Supervisors of Lely Community Development Held on August 14, 2002 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, August 14, 2002, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Also Present: W. Neil Dorrill Dorrill Management Group, Manager Jerry Ellis, Site Supervisor 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 Discussion was had regarding the confusion over the date of the meeting, and it was agreed since the meeting was properly noticed that it should go forward. Mr. Fisher not being present, through Mr. Dorrill he asked that the Board address his concerns over the lack of progress on Lake 17. A MOTION was made by Mr. Krout to approve the agenda and move forward with today's meeting, seconded by Mr. Drum, and passed unanimously. The new District Attorney, David Bryant, was introduced to the members of the Board and the public by Mr. Dorrill. APPROVAL OF THE MINUTES OF THE JUNE 19, 2002 MEETING A MOTION was made by Mr. Krout and seconded by Mr. Moore to approve the minutes as written and passed unanimously. MANAGER'S REPORT A Adoption of Final FY 2003 Budget The three requested changes from the May Budget Workshop, which include an increase in the security aspects of the operating budget for further potential contract with the Florida Highway Patrol, were addressed. Mr. Dorrill will meet with Lt. Campbell in Fort Myers regarding expanding this service. An increase in property insurance, the anticipated increase in health insurance, and a line item for specific ,,ELY COMMUNITY DEVELOPM_ ,T Naples, Florida 1 1 Minutes of a Regular Meeting of the Supervisors of Lelyy Community Development Held on Au, 'g� st 14, 2002 Minutes, Lely Community Development August 14, 2002 Page 2 a specific employer pension contribution on behalf of the employees were the other requested changes from the workshop. No trustee fees have been budgeted into the 2003 budget, and it was Mr. Dorrill's opinion that two Supervisors could act as trustees with the desired result. In response to a question by a member of the Board, Mr. Dorrill indicated that the Board does carry an Errors and Omissions Policy that covers the Board in cases of individual liability. Discussion was had regarding the investment of funds and how investment decisions have been made. Mr. Dorrill indicated to 4he -Board -that -he will review the pension package submitted by Mr. Patrone and place it on the agenda for discussion and clarification at the September meeting. Mr. Dorrill discussed with the Board the overall budget, per unit assessments, the high level of services that have been provided to the homeowners, and his satisfaction overall with the budget document. A MOTION was made by Mr. Moore and seconded by Mr. Drum to approve the budget, and passed unanimously. Mr. Dorrill indicated that debt service may be adjusted downwards in the future. Discussion was had regarding how taxes are collected and paid within the District. A MOTION by Mr. Moore was made and seconded by Mr. Drum to approve Resolution 2002 -4 and passed unanimously. C. Resolution 2002-5 Levying a Debt Service and Maintenance Assessment within the District A MOTION was made by Mr. Moore and seconded by Mr. Drum to approve Resolution 2002 -5 and passed unanimously. D. Approval of Engineering Services Agreement with Hole Montes, Inc. Mr. Dorrill reported that he had met with the vice- president of the company who will be the engineer in charge, Mr. Cole, and went over the duties and responsibilities of the Firm to the District, as well as the current issues that Hole, Montes will be addressing. In response to a question from the Board, Mr. Dorrill reported that the firm of Wilson, Miller had completed the site development work on the steel building, and no further fees will be due them. A MOTION was made by Mr. Moore and seconded by Mr. Krout for approval and passed unanimously. E. Anoroval of Legal Services Agreement with David Bryant, Esa Mr. Dorrill indicated that he and Mr. Bryant had discussed the current issues and .,ELY COMMUNITY DEVELOPNi, J , Naples, Florida Minutes of a Regular MeetingAthe SuPerViSOrs of Lely Community Development Aeld on August 14, 2002 Minutes - Lely Community Development August 14, 2002 Page 3 important items and was confident that Mr. Bryant was fully informed as to the needs of the District. A MOTION was made by Mr. Drum and seconded by Mr. Krout to approve the Legal Services Agreement and passed unanimously. F. Recommendation to Purchase One Ford Explorer 4x4 from Collier Fleet Bid Mr. Dorrill discussed the need for and cost saving elements of the purchase as well as the Ford Motor Credit municipal lease/buy agreement. A MOTION was made by Mr. Moore and seconded by Mr. Drum to approve the lease /purchase, and passed unanimously. Mr. Dorrill handed out a letter from Mr. Ryan recommitting to his promises on the irrigation lake and new system at the Classics. After discussion the Board agreed that Mr. Dorrill will set a meeting to be held in two weeks with a request for a draft agreement to be presented at that time. Mr. Dorrill will type up a summary after the meeting and send copies to the members of the Board to keep everyone informed on the progress of the negotiations. ATTORNEYS REPORT Mr. Bryant expressed his appreciation at being appointed as the attorney for the District. SUPERVISOR REQUESTS Some discussion was had regarding the need for a written vendor policy for the District. Mr. Dorrill agreed that it would be a prudent idea and felt it would not be a difficult task to assemble a policy related to vendors. Discussion was had regarding coordinating the security hours of the County, the State Police and Wackenhut for the residents of Lely Resort to ensure maximum security coverage, with no cutback on hours from the County. Mr. Dorrill will discuss with Lt. Campbell the parameters of their security obligations to the District. Discussion was had regarding the possibility of erecting a guard house to deter crime in the District. In response to a question from the Board regarding determination of road ownership, Mr. Dorrill indicated he had spoken to Mr. Cole regarding road striping, and that further, he will solicit Mr. Bryant's help in getting a spread sheet from Mr. Weigel regarding the road transfers. Mr. Dorrill assured the Board that a written answer ,ELY COMMUNITY DEVELOPM .T " Naples, Florida 161 1 Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on Aug u. t 14, 2002 Minutes - Lely Community Development August 14, 2002 Page 4 will be provided to the Board before the September meeting. In response to a request by a member of the Board, Mr. Ellis will look into weed spraying irregularities on Tiger Island. Also, the County will be called to enforce early morning noise restrictions. After discussion, it was agreed that the District in the coming year would pass the maintenance of areas that are not its responsibility to the Master Homeowner's Association, and a shared cost agreement will be formalized. Mr. Dorrill will check into the areas in question with the new engineer and report to the Board at a later time. PUBLIC COMMENTS A member of the public asked if Lely's Development pulls out of the District and sells out, then perhaps the Master Association could become part of the LCDD Board. A brief discussion was had regarding the September meeting and it was decided to have it on the I Ith as previously planned. The November meeting will be tentatively held on the second Wednesday of the month. MISCELLANEOUS CORRESPONDENCE There was no correspondence to note on the record. ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3:00 p.m. :ELY COMMUNITY DEVELOPIV 'T Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development 1 Held on September 11, 2002 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, September 11, 2002, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor 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 Mr. Dorrill made one addition to Section 4C regarding District insurance and the proposed premium increase for health and life insurance. At a request of a member of the Board the topics of striping was added to the agenda as 613, right turn lanes was added as 6C, the Lely Development maintenance agreement was added as 6D, and the topic of curbs and gutters was added as 6E. Upon further suggestion, the lake situation was added as 6F. A MOTION was made by Mr. Drum and seconded by Mr. Fisher to approve the amended agenda, and passed unanimously. APPROVAL OF THE MINUTES OF THE AUGUST 14, 2002 MEETING A MOTION was made by Mr. Drum and seconded by Mr. Fisher to approve the minutes after a minor deletion, and passed unanimously. MANAGER'S REPORT A Review/Anproval of LCDD Money Purchase Employee Retirement Plan Mr., Dorrill presented the revised pension plan with the adoption and enrollment agreement to the Board. After some discussion Mr. McLellan and Mr. Fisher were appointed as Trustees for the Plan. Mr. Dorrill also indicated that he is shopping for a new errors and omissions policy to cover the Board in their capacity as elected officials to replace the one that is being canceled. ,ELY COMMUNITY DEVELOPY -T Naples, Florida �- Minutes of a Reanlar Meeting of the Sun�rvisors of Lely Community Development Held on September 11 2002 Minutes, Lely Community Development September 11, 2002 Page 2 Mr. Dorrill further discussed the need for a plan administrator, and indicated that he had sent a copy of the document to Banker Chris Borsic at NationsBank for some input at no charge to the Board. In response to a question from a Board member, Mr. Dorrill indicated that this had never been a self directed plan, and there had never been interest expressed by any employee to make it so. The Board received a copy of the contribution schedule through the end of fiscal year 2000 indicating amounts due to certain employees. This schedule will be updated once the audit is completed. Mr. Dorrill discussed the various options available to the Board as far as the amount of time an individual must be employed in order to be vested, and the Board agreed that five years would be the appropriate amount of time. The employer contribution is at 6 percent, and employees at termination can either take a lump sum or receive equal installments. Loans are not permitted as part of this plan. A MOTION to approve the revisions of the Plan for purposes of enrollment was made by Mr. Krout and seconded by Mr. Fisher, and passed unanimously. B. Scheduling Proposal for Security Services with the Florida Highway Patrol Mr. Dorrill advised the Board that he had met with Lt. Campbell in Fort Myers. Lt. Campbell has asked for a modest increase of $3.00 an hour. Mr. Dorrill will be meeting with the East Naples Sheriff's Substation Commander to review the general community patrol and law enforcement perspective and will discuss with him the scheduling for the new year. C. Notice of Workers CQmn and Professional Liability Insurance Coverage and Plan Adjustments for Group Health and Life Insurance Mr. Dorrill again indicated to the Board that he had received two notices of cancellation and felt they would be resolved before the start of the fiscal year. The insurance agent has assured Mr. Dorrill that the full package will be in place prior to the first of October. Mr. Dorrill received a notice from the Florida League of Cities for group health insurance indicating that a proposed rate increase of 31 and 1/2 percent, to $309.41 per employee per month will be implemented in 2003. Mr. Dorrill suggested to the Board that the increase be absorbed by the District for one year, after which time it will be re- evaluated and perhaps funded through the Contingency Reserve Fund. He further suggested that the dental insurance, life insurance and disability policy be available to employees on an opt in basis only. After some discussion the Board agreed that the increase should be paid with the additional insurances provided at the employees' expense. A MOTION was made by Mr. Fisher and seconded by Mr. Krout to that effect, and passed unanimously. ,ELY COMMUNITY DEVELOPM T Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on September 11, 2442 Minutes - Lely Community Development September 11, 2002 Page 3 ATTORNEYS REPORT loll] Mr. Bryant discussed the road ownership issue with the Board, indicating that he had spoken with Mr. Weigel at the County, reminding him that Mr. Volpe had asked him to do some research on the topic. At this point the County has not complied with this request, and Mr. Bryant, on a suggestion from Mr. Dorrill, will make a formal public records request under Chapter 119.07 to the County Attorney's office for all of the plats for the District area in order to determine road ownership. Mr. Bryant further discussed the issue of gating and guard posting with the Board. After advising the Board of the historical ramifications of installing a gate, he felt that a guard house could be installed and staffed for the purpose of taking down tag numbers of suspicious cars, but not to impede the traffic on this public roadway. Mr. Bryant felt that this would serve as a deterrent to anyone coming into the District for unlawful reasons, and may have the added benefit of increasing home values within the District. As a result of a question from a member of the Board, Mr. Bryant will research the land ownership on the roadway where this guard house would be built as well as the maintenance agreement with Mr. Ryan, and will report this information to the Board. SUPERVISOR REQUESTS A. Confirm November Meeting The regularly scheduled Board meeting will be held on the second Wednesday in November, the 13th. B. Striping The contractor is in the process of striping the community, and once completed the District can revisit this issue if there is any further striping needed. C. Right Turn Lanes A member of the Board reported a discussion had with Mr. Ryan regarding right turn lanes and the County's probable requirement for right turn lanes of 140 feet into any new development. Mr. Dorrill indicated that the District has a right -of -way permit from the County which insures ownership of landscape assets inside the right -of -way. After further discussion it was decided to request of the County an interpretation of the Land Development Code in writing as to this possible requirement, and Mr. Bryant will prepare a letter to that effect. ..ELY COMMUNITY DEVELOPM J I Naples, Florida 1 Minutes of a Regular Meeting of the Sullen of Lely Community Development Held on September 11, 2002 Minutes - Lely Community Development September 11, 2002 Page 4 D. Maintenance Agreement Further discussion was had regarding this agreement between Mr. Ryan and the District on certain roadways. E. Curbs and Gutters A member of the Board reported that wash off from construction trucks is causing the gutters to become clogged with sand and concrete debris. Mr. Dorrill suggested that if he or Mr. Ellis can be notified the next time this problem arises, they will personally advise the offending parties that ready -mix wash outs are not allowed on the District street systems. F. Update on Lake Situation Mr. Ryan indicated he would have an agreement for the Board by October, and has not intentionally dragged his feet on attending to this matter. Mr. Dorrill suggested that the meeting and discussion with Mr. Ryan be memorialized in a letter indicating that time frame. The Board discussed the possibility of starting condemnation proceedings next month if this issue is not resolved, and an indication to that effect will be included in the letter to Mr. Ryan. PUBLIC COMMENTS Through a proxy Elaine Schmidt asked why the lights on the main thoroughfare were on at 8 o'clock in the morning. Mr. Ellis reported that he had been recently installing new photocells on two of the lights, and Mr. Dorrill also indicated that the lights are not metered, therefore the cost does not increase with additional use. MISCELLANEOUS CORRESPONDENCE There was no correspondence to note on the record. ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3 ;00 p.m. .ELY COMMUNITY DEVELOPNi_ J Naples, Florida Minutes of a Regular Meeting of the S isors 1 .� of Lely Community Development •L V Field on October 16, 2002 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, October 16, 2002, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District _Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor 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 Mr. Dorrill made two additions to Section 4, the first regarding the Wackenhut contract as 4C, and the second as the Payables Report as 4D. In the future Mr. Dorrill will provide a copy of the payables from the previous month to the Board on a regular basis for their information. At the request of a Board member, Security will be discussed as 6A, Comcast Group Rates as 6B, and 6C will be a discussion of stop signs. A MOTION made by Mr. Fisher and seconded by Mr. Krout to approve the agenda, and passed unanimously. APPROVAL OF THE MINUTES OF THE SEPTEMBER 11, 2002 MEETING With the deletion of Mr. McLellan from the list of those present at the September meeting, a MOTION was made by Mr. Moore and seconded by Mr. Drum to approve the minutes, and passed unanimously. MANAGER'S REPORT A Acceptance of FY 2001 External Audit Mr. Dorrill presented the members of the Board with copies of the completed Audit, which contained no reportable deficiencies. In response to a question from a member of the Board, Mr. Dorrill explained the significance of October 1 as the date the Audit commences. The 2002 Audit will be on the regular cycle and should be available before ,,ELY COMMUNITY DEVELOPIV, ,T Naples, Florida Minutes of a Regular Meeting of the Supe of L.ejy Community Development Held on October 16, 2002 Minutes, Lely Community Development October 16, 2002 Page 2 1511', the end of the calendar year. Mr. Dorrill further discussed the declining fund balance for the 2001 Audit, and the expectation for a declining fund balance in 2002. The reason for that was the decision of the Board to spend the available funds for the maintenance facility. The budgeted contingency reserve fund for 2002 will begin to fund a cash carry forward. Before the next meeting Mr. Dorrill will supply a memo to the Board as to what the contingency fund is going to be. Those funds can only be spent with Board approval. Discussion was had regarding the budget as it relates to the cost to maintain the main arteries in the District, which costs will be passed from the developer to the home purchasers. A MOTION was made by Mr. Fisher and seconded by Mr. Drum to approve the necessary acceptance and resolution of the external audit for 2001, and was unanimously approved. B. Discussion of Lake 17 Deed Agreement Mr. Dorrill discussed the letter he wrote at Mr. Moore's request to Mr. Ryan to bring a conclusion to Lake 17. Having received no response thus far, it was suggested by Mr. Bryant that he contact their attorney for further discussion and clarification. A two part MOTION was made by Mr. Fisher and seconded by Mr. Drum to authorize Mr. Bryant to contact the developer's Counsel for discussion, and further, to prepare for the Board for presentation at the next meeting a memo outlining what would be involved in taking steps to pursue condemnation and the legal costs involved, as well as a letter outlining for the Board the cost of the submerged lake bottom, and passed unanimously. C. Wackenhut Mr. Dorrill discussed with the Board the renewal of the security contract with Wackenhut. Further discussion was had regarding the staggering of coverage with the Highway Patrol and Wackenhut. Mr. Dorrill will be meeting with Lt. Anderson from the East Naples Sheriff s Office to clarify the County's security obligations. A MOTION was made by Mr. Fisher and seconded by Mr. Krout to approve the Wackenhut contract, and passed unanimously. . ELY COMMUNITY DEVELOPN, T r Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on October 16, 2002 Minutes - Lely Community Development October 16, 2002 Page 3 ATTORNEYSREPORT Mr. Bryant discussed the letter he had written to Mr. Weigel at the County, indicating that the District wanted to see all information in the possession of the County or its representatives. All the plats of the District are being made available to Mr. Bryant, and he will review them along with the file from the County Attorney's office. Some discussion was had regarding the County's intention to charge the District a fee for staff time in copying these records, and Mr. Bryant will further discuss this with the County. Mr. Fisher will attend the meeting on the 24th with Mr. Bryant. Discussion was also had regarding the state of certain streets left as "half streets" within the District by the developer and what can be done to facilitate their completion. Mr. Bryant will look into this issue as well while checking the plats. SUPERVISOR REQUESTS A. Security Mr. Moore indicated that Security seems to be spending more time sitting at the Lely Horses as opposed to driving around the neighborhood. Mr. Dorrill will send them a note reminding them of their contractual duties. B. Comcast Group Rates Discussion was had regarding the feasibility of getting a better rate on cable services. Mr. Dorrill will do some research on the issue, including calling Comcast, and get information for the Board on this issue. C. Stop Sign Discussion was had regarding the need for a stop sign at the corner of Triangle Boulevard near K -Mart. Mr. Dorrill indicated that he will report that to the County Traffic Division and ask them to evaluate that. MISCELLANEOUS CORRESPONDENCE Mr. Dorrill reported that an unsolicited proposal had been received from Blue Cross through the Nichols Insurance Office, that includes a wide variety of plan RELY COMMUNITY DEVELOPNV 4T Naples, Florida Minutes of a Regular Meeting of the Supervi_ I%L ` 1 of Lely Community Development Held on October 16, 2002 Minutes - Lely Community Development October 16, 2002 Page 4 choices with Blue Cross. Mr. Dorrill will keep this information for possible future use if it becomes necessary to revisit health insurance issues. Discussion was had regarding the possibility of piggybacking with the County or the School Board for insurance coverage. Mr. Dorrill will make some inquiries as to that possibility. PUBLIC COMMENTS A member of the public asked the Board for permission to plant some flowers around the trees at the Lely Island Circle monument, and that permission was given. ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3:15 p.m. 15111 LELY COMMUNITY DEVELOPM-IUNT Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on November 13, 2002 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, November 13, 2002, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor 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 Mr. Dorrill made one addition as 4C, entitled Debt Service Payment Issue with Lely Development Corporation. At the request of a Board member, the Lely Resort Master Homeowners Association will be discussed as 6A, The Goodnight Contract as 6B, maintenance of the front entrance as 6C, and Refinance of District Bonds as 6D. A MOTION was made by Mr. Fisher and seconded by Mr. Drum to approve the agenda, and passed unanimously. APPROVAL OF THE MINUTES OF THE OCTOBER 16, 2002 MEETING With the addition of "pertaining to District plats" at the end of the first sentence under the Attorney's Report, a MOTION was made by Mr. Fisher and seconded by Mr. Drum to approve the minutes, and passed unanimously. MANAGER'S REPORT Mr. Dorrill presented the members of the Board with copies of the proposals received from the various banks. He reported that Fifth Third Bank has offered an annual line of credit at 2.85 percent,. the lowest bid received. Mr. Dorrill recommended that the District enter into an agreement with Fifth Third Bank for the line of credit to cover the LELY COMMUNITY DEVELOPM—ST 1611 Naples, Florida Minutes of a Regular Meeting of the Supervisors of dy community Development Held on November 13, 2002 Minutes, Lely Community Development November 13, 2002 Page 2 two and one half months between the beginning of the fiscal year and the first 2003 distribution, and to authorize the Resolution contained in the agenda package. Mr. Dorrill further discussed the fact that First Union, where the District has done its banking in the past and where it keeps its funds, would not consider the short term line of credit. He suggested that the Board enter into a two part motion that the District Manager be authorized to solicit proposals for the District's operating and capital accounts at Fifth Third Bank, as well as accepting their short term line of credit offer. A MOTION was made by Mr. Fisher and seconded by Mr. Knout to approve the two part motion, and after some clarification from Mr. Dorrill, was unanimously approved. B. I Tndate on Santa Barbara Extension Mr. Bryant, updated the Board regarding the District's interests in rights -of -way and buffers. He reported to the Board on the issue of condemnation, and the need for public necessity in pursuing it, as required by the Statutes. He explained how the Land Development Code works as it relates to turnover of roads to the County for maintenance purposes. The only road in Lely that has been accepted by the County is Tiger Island. The District must pass a resolution setting out the public necessity and the reason for a condemnation, must enter into negotiations with the owner of the proposed- condemned property, and must then get an appraisal. Within the District the roads are dedicated to different groups, and without further inquiry Mr. Bryant could not give the Board an estimate of costs on this issue. Mr. Fisher accompanied Mr. Bryant to the County record review, and he reported that he agreed -with Mr. Bryant in his assessment of what must be done, and the need for further investigation into what is owned by the CDD, and what has and has not been dedicated to the County at this point. Mr. Dorrill suggested three possible scenarios, the first one would be to let it go on through the process in the hope that the developer will bring the roads up to a condition where they will be accepted by the County; the second, that the District explore amending the plat that is before the County Engineering- Department -to change certain reservations on those portions of the roads and medians that affect the District; a third possible scenario would be to acquire the eastern and security fence for the community, and have it conveyed through an easement or separate deed, in the name of the District. Mr. Dorrill has contacted an appraiser, and as it is a very complicated issue, he suggested at this point that the Board authorized Counsel to prepare a resolution to either amend ,.d LELY COMMUNITY DEVELOPII-i..NT Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on November 13, 2002 Minutes - Lely Community Development November 13, 2002 Page 3 1611"1 1 the current plat application before the Commission, or to acquire by gift, acquisition or condemnation those parcels or portions of those parcels, including medians and berm and fencing along Lely Resort Boulevard, on the eastern property line, and then subsequently the submerged lake bottom of Lake 17. A MOTION was made by Mr. Drum and seconded by Mr. Moore to approve the motion as stated by Mr. Dorrill, and passed unanimously_ After further discussion a MOTION was made by Mr. Fisher and seconded by Mr. Krout to authorize Mr. Bryant to retain an appraisal firm to determine a range of value upon which the Board can make subsequent decisions involving purchase or condemnation, and passed unanimously. Mr. Bryant further reported that he is having ongoing discussions regarding Lake 17 with Mr. Passidomo's law firm, and will continue to follow up until the issue is resolved. LWDM- MR= Mr. Dorrill advised the Board on how the payments of both the AB Bond and the C Bond has historically been made, and what happened on the November I payment. As Lely Development Company did not pay the full amount due, the District has been put in a technical default position with the Trustee, First Union, and the reserve account is now deficient as the shortfall was made up from it. Mr. Bryant, Mr. Dorrill and Counsel for Lely Development met on November 12, and Mr. Dorrill advised the Board that it appears as though future payments can be forced to be on the tax bill. Lely will be re- invoiced with partial credit for escrowed funds, and they will be responsible for the interest accrued. Mr. Bryant was asked by the Board to send a letter to Lely outlining the results of the meeting and their payment responsibility on any additional costs that may arise from this default situation. Mr. Dorrill will keep the Board advised as to any further developments on this issue. ATTORNEYS REPORT These items were covered during the Managers Report. SUPERVISOR REQUESTS OWWW"MTKINA MOM g ral 11 • . IV.) • • LELY COMMUNITY DEVELOPIN. —NT Naples, Florida 1611 Minutes of a Regular Meeting of the Supervisors of Lely Community Develo men Held on November 13, 2002 Minutes - Lely Community Development November 13, 2002 Page 4 Copies of the Master Operating Budget were handed out to the Board for the year 2002. Questions were asked of Mr. Ellis regarding the Christmas lights, potable water, and certain maintenance areas, including the front entrance. A MOTION was made by Mr. Fisher and seconded by Mr. Drum that the Board authorize Mr. Bryant to review the possibility of the Developer being in violation of the law regarding their responsibilities for budget reporting and give the Board his opinion, and passed unanimously. Discussion was had regarding obtaining a copy of the artist's agreement regarding the setting of the horse sculpture. The legal owner of the artwork will be determined, and a copy of the agreement obtained if possible. Items C and D were discussed earlier in the meeting. The comment was made that the CDD Brochure in the Lely Development Office needs to be updated with the correct address. Discussion was had regarding the Board's request regarding the voting change to a standard cycle. Jennifer Edwards informed Mr. Bryant that Dudley Goodlette is appointing a group to look into this issue. Mr. Bryant has a call into Mr. Goodlette's office, and will advise the Board when he has further information. Further, the suggestion was made that the Transportation Department be asked to advise the LCDD whenever a meeting is held pertaining to roads that would affect LCDD, that a member of the Board's choosing be appointed as a permanent representative to attend these meetings, or that the Board be invited to each meeting. Mr. Dorrill indicated that the District Manager can be added to their permanent mailing list for notification. Mr. Ellis answered questions regarding the progress of the maintenance facility construction. Mr. Dorrill indicated that the punchout list will be completed before the final retainage is paid. PUBLIC COMMENT A question was asked by a member of the public regarding condemnation proceedings and whether a plan needs to be put forward as to what the District will do if the berm and security wall is secured by condemnation, and he was advised that that information will be outlined in the Resolution. 44 Ig LELY COMMUNITY DEVELOPN-k,NT 111 Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on November 13, 2002 Minutes - Lely Community Development November 13, 2002 Page 5 In response to a question, a member of the Public was advised that the Board has no subpoena powers. Ms. McNair thanked the Board and Mr. Dorrill for the work they have done for the Verandas, and asked the Board about the powers of the MPO. She was advised that they were an advisory board only. A suggestion was made by a member of the public that Mr. Bryant work with Brian Stock's attorney and work out an alliance. In response to a question, the public was advised that the entry pool is owned by the Master Homeowner's Association under Tract 15. ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3:00 p.m. ZLY COMMUNITY DEVELOPNI; f 1 Naples, Florida y, 611 Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on December 18, 2002 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, December 18, 2002, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor David Bryant, Esq., District Attorney Ray Carroll, Appraiser LNVOCATION .kND 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 The entire Board was present for today's meeting. At the request of a Mr. Drum. a discussion of the Newsletter was added as 6A, Christmas Decorations as 6B, and Schedule of Hours as 6C. A MOTION was made by Mr. Moore and seconded by Mr. Drum to approve the agenda, and passed unanimously. APPROVAL OF THE MINUTES OF THE NOVEMBER 13, 2002 MEETING A MOTION was made by Mr. Krout and seconded by Mr. Fisher to approve the minutes as submitted, and passed unanimously. ATTORNEYS REPORT To accommodate the schedule of Mr. Ray Carroll, the Attorneys' Report was the first item heard on the agenda. Mr. Carroll provided an overview and assessment of the issues involved in the acquisition of property in the District. Mr. Carroll indicated that the appraisal fees would probably run somewhere between $20,000 and $30,000, but that number is not exact at this time. He further indicated that it was a complex situation involving legal interpretations, and he felt that the main concern for the Board was up front preparation and knowledge of LLY COMMUNITY DEVELOPIVL i 16 11,441 Naples, Florida Nlinutes of a Regular Meeting of the Supervisors of Lely Community Development Held on December 18 2002 Minutes - Lely Community Development December 18, 2002 Page 2 the process. The market value, or economic value, is one of the most important initial things to know. The "Over the Fence" method is used on rights -of -way to determine value. N1r.Carrol and 1\/Ir. Bryant have had discussions on appraising the platted road right of way which could include easement rights and improvements, or, conversely, portions of some of the median strips. As the rights to be taken have yet to be defined, there is much information that is needed before this can be accomplished. A member of the Board asked about the $380,000 spent on putting a clay lining on the bottom of Lake 17, and how that would affect the market value of that piece of property. Mr. Carroll indicated that he has not dealt with a lake bottom before, but he has worked with similar situations and feels that there are a few different ways to work that situation out. Discussion was had regarding Stock's willingness to give or sell the strip along 951 to the District, and the setbacks he would need for future development. Mr. Dorrill indicated that the developer did not appear to be adversarial, and they seem to have the same interests in protecting property values in the District. Upon a question from a member of the Board, Mr. Dorrill indicated that the District only wanted the minimum width necessary to protect the public purposes to be established by the Board, and this will significantly Feduce costs as opposed to taking the whole roadway footprint. It was pointed out that the issues of both the Lake and the medians should be addressed when Lely Development is approached. Mr. Dorrill indicated that there were three different elements dealing with property issues in the Community, listed in priority order as Number 1, the median on Lely Resort Boulevard; Number 2, the 15 foot strip of land on the east property line; and 3, the submerged lake bottom. Some discussion was had as to the County's ability to condemn public land that is owned by another government established by the Florida Legislature. Mr. Dorrill noted that the District wants to become the path of most resistance as far as its protection of resident land values. Mr. Bryant indicated that the first step to get things going is to survey a particular area that the Board would make a determination is in the public interest of the District to take by gift, devise, condemnation or purchase. Then a title company will give a title opinion as to ownership and interest. At that point a good faith offer to purchase will be made. If that offer is rejected, then condemnation can move forward. Mr. Dorrill suggested that a two part survey be done to include those first two areas, and a title search be secured. Additionally it was felt that the entrance at the ELY COMMUNITY DEVELOPMl ' 440 Naples, Florida 611 Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on December 18, 2002 Minutes - Lely Community Development December 18, 2002 Page 3 south end adjacent to US 41 should also be surveyed. A MOTION was made by Iva. Moore and seconded by Mr. Fisher to authorize the District Manager to conduct the surveys and title work on the areas discussed. After some discussion with Mr. Bryant regarding the prepared resolution which establishes the public purpose, the motion passed unanimously. Mr. Dorrill at this point in an abundance of caution reminded the Board of the parameters of the Sunshine Law. MANAGERS REPORT Mr. Dorrill advised that this item was included simply to get the Board's acknowledsment of the Christmas bonus offered to the employees as an expression of appreciation. reXROTS , - • • • :- • -� The line of credit was successfully closed with Fifth_Third Bank. The District received a large disbursement from the Tax Collector on December the 13th, and when the first invoice is received from the bank, the line will probably be retired as funds are now available. SUPERVISORS REQUESTS A. Newsletter In response to a question from a member of the Board, Mr. Dorrill indicated that a newsletter will be sent out to the homeowners of the District, updating them on the current issues of interest, to be titled Annual Report. Discussion was had regarding the $10,000 expenditure on Christmas Lights and the possibility of the prompt replacement of burnt out lights during the season. m -• - •_ �• ELY CONIMUNITY DEVELOPIVII 1 �" 61l Naples, Florida i:inLt°s of a Regular ular Meeting of the Supervisors eg of I ely Community Development -Held on December 18, 2001 Minutes -Lely Community Development December 18, 2002 Page 4 A member of the Board asked about the scheduled workweek of employees of the District, and was advised that there is a four day work week in place, with ten hour days. Mr. Dorrill explained that this arrangement maximizes the labor and equipment efficiency within fewer working days. PUBLIC COMMENT A question was asked by a member of the public regarding the clogging of the pumps and irrigation lines, why the parts deteriorated without being replaced, and why it took so long to replace them. It was explained that the new filters had been ordered and installed to correct what was primarily a design problem. Some discussion was had at this point on-'the readiness of the storage building, and Mr. Dorrill indicated that he felt it would be ready before Easter. A member of the public asked if it would be feasible to be reimbursed for the clay_ that was put on the lake bottom. Further discussion was had regarding the fact that an answer was never received from previous District counsel regarding lake ownership. It was further reported that Ivlr. Stock will be moving his offices to the Strand Executive Court. Discussion and clarification was had regarding the previously discussed wall and berm, and how a County request to move it in the future would be handled. MISCELLANEOUS CORRESPONDENCE Mr. Dorrill reminded the members of the Board of the unsolicited bid from a local businessman regardins insurance, and due to increased premiums, this issue will be revisited in the Spring. ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3:30 p.m. 1011'1 LELY COMMUNITY DEVELOPMENT DISTRICT 2003 Proposed Board of Supervisors Meeting Schedule January 15 @ 1:30pm February 19 @ 1:30pm March 19 @ 1:30pm April 16 @ 1:30pm May 21 @ 1:30pm June 18 @ 1:30pm July 16 @ 1 :30pm August 20 @ 1:30pm September 17 @ 1 :30pm October 15 @ 1:30pm November 19 @ 1:30pm December 17 @ 1:30pm All meetings are held at the East Naples Branch Library located at 8787 Tamiami Trail East, Naples, Florida. Meetings dates listed above are tentative and subject to change. Lely�� Resort GOLF F, COU \i RV CI U i Lely Community Development District 5645 Strand Boulevard, Suite #3 • Naples, Florida 34110 • tel 941- 592 -9115 • fax 94t -594 -1422 LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of a Regular Meeting of the Su. of I ely Community Develo m n Held on J nuary 15, 2003 1oI1�'� Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, January 15, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor 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 The entire Board was present for today's meeting. The financial statements were distributed by Mr. Dorrill to the Board, along with information related to accrual of annual leave and the monthly payables report. At the request of Mr. Drum, a discussion of 951 and Lely Resort Boulevard was added as 6A, and the addition of a Neighborhood Advisory Committee as 6B. Mr. Fisher requested that Board Organization be added as 6C. Mr. McLellan requested that a discussion of Comcast be added as 6D, and a call for a discussion with the County Clerk as 6E. A MOTION was made by Mr. Moore and seconded by Mr. Krout to approve the agenda with those additions, and passed unanimously. APPROVAL OF THE MINUTES OF THE DECEMBER 18, 2002 MEETING A MOTION was made by Mr. Fisher and seconded by Mr. Moore to approve the minutes as submitted, and passed unanimously. LELY COMMUNITY DEVELOPMENT ® '� Naples, Florida �I1 Minutes of a Regular Meeting of the upervisors of Le y Community Development Held on January 15, 2003 Minutes - Lely Community Development January 15, 2003 Page 2 MANAGERS REPORT Mel Movre11MAX, Mr. Dorrill referred to Tab 2 while discussing the conflict with accrual of annual leave and the Board policy, and the need to revise the personnel rules to the tax or calendar year as well as a carry over policy for accrual. After discussion regarding the best methodology to implement this policy, a MOTION was made by Mr. Drum and seconded�Mr. Fisher that 80 hours of vacation time for en; oyees of up to years and 120 hours for employees of five yearss shall be given, with up to one (40 hour) week rollover, to be used by the end of the following year. This motion passed unanimously. Discussion was also had regarding the sick day policy, and Mr. Ellis explained the policy upon a question from a member of the Board. Mr. Dorrill suggested that a discussion of the personnel rules and regulations be placed on the March regular agenda, and a discussion will be had at that time. Mr. Dorrill advised the Board that the easements are unchanged from Phase One, and Master Reserve is seeking to have a phased plat due to their turnover procedure. Mr. Mitchell from Stock Development was present, and a MOTION was made by Mr. Krout and seconded by Mr. Fisher for approval, and passed unanimously. ATTORNEYS REPORT Mr. Bryant advised the Board that he had spoken to Mr. Will Dempsey, Mr. Ryan's attorney, regarding the Lake and what needed to be done. Mr. Dempsey indicated that he had prepared the escrow agreement and was sending it to Mr. Ryan to be reviewed. Mr. Dempsey is waiting for the water permits to be in place before the lake is deeded to the District; and will advise Mr. Bryant once this has been accomplished. LELY COMMUNITY DEVELOPMENT Naples, Florida Minutes of a Regular Meeting of the Suneryisors ofLely Community Deyelopmeflt Held on January 15_, 2003 Minutes - Lely Community Development January 15, 2003 Page 3 161 Further, a meeting has been set with the engineers to discuss what needs to be done to bring the roads up to County requirements for turnover to the District. Upon a question from Mr. Drum, Mr. Bryant indicated that he needed some guidance from the Board as far as the turnover and the Board's options are concerned. Mr. Dorrill indicated at this point that a meeting was being held on Friday, the 17th to review the final areas for surveys to commence the title search, which will give the Board the necessary information to make offers of taking. SUPERVISORS REQUESTS • i••• Mr. Drum discussed the widening and extending of the pertinent roads and how it would impact the District. Some discussion was had as well as to the future plans for a security building, and the monitoring of speeds along Lely Resort Boulevard. Mr. Drum indicated that he had had discussions with various members of the community who indicated they would like input as to the plantings and other related issues throughout the District. Mr. Dorrill felt that if a group of citizens wanted to form an ad hoc committee to discuss community beautification, perhaps they could eventually meet in the new maintenance facility once it has been opened. Mr. Dorrill will place some information in the upcoming newsletter regarding community interest in beautification projects, with an indication that a meeting for interested parties will be scheduled in the future. This issue was brought up as a procedural one only, and the status quo will be maintained. 44 LELY COMMUNITY DEVF- LOPMENT 6 Naples, Florida Minutes of a Regular Meeting of the Supervisors 9f Lely Co unity Developamt Held on >(anqa�y 15, 2003 Minutes -Ledo Community Development January 15, 2003 Page 4 �* ,I8_ - Mr. Dorrill indicated that Comcast is preparing an internal analysis and spread sheet based on the current agreement that Comcast has with individual communities. Mr. Dorrill further felt it would be wise for Mr. Bryant to investigate the legality and financial benefit of negotiating a wholesale community wide rate for the CDD. Mr. Dorrill hopes to have the spread sheet to present to the Board before the February meeting; when further discussion can be had. At this point a member of the Board requested that statistics be presented at either the February or March meeting regarding citations given through the Sheriffs Office as it relates to security within the District. E. Meeting with cc� Discussion was had regarding auditing of the CDD as it relates to the slaying of the Lake and the advisability of Mr. Bryant contacting Mr. Brock to further discuss this. A MOTION was made by Mr. Moore and seconded by Mr. Fisher to authorize Mr. Bryant to investigate the lake payment authorization once he is provided with the background information and passed unanimously. A brief discussion was had at this point regarding the new utility building and when it will be completed, and that date is estimated to be close to Easter. Some discussion was also had regarding Mr. Ellis' lost vacation time; and a motion was made by Mr. Fisher and seconded by Mr. Moore to restore lost employee annual leave, and passed unanimously. PUBLIC COMMENT Discussion was had as to the location of the new Community Center, ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3:30 p.m. Dorrill Management Group 1611 -4 1 MEM-C?1T74A1VZ(M Date: March 10, 2003 To: David Bryant, From: W. Neil Dorrill Re: Minutes from Febru Meeting Confirming our discussion of last Thursday I have been advised by our stenographer that the tape machine malfunctioned at the February Board meeting. I have already purchased a replacement machine and will have it at the meeting next week. While I keep my notes from the Board meeting we will need to know from the state what to do in the absence of a tape recording which is a sunshine law requirement. Please advise. cc: agenda package l Le y . Ke sort Lelv,Communiry Development District 5645 Strand Bnule�ar(l. SUitC =3 N:Lj)ICS, FIOPda 341 1() • tcl 1� LELY COMMUNITY DEVELOPMENT 16 11' Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Aeld on March 19,2003 Regular meeting of the Supervisors of Lely Community Development was held on Wednesday, March 19, 2003, at 1:30 p.m. at the East Naples Community Library. Supervisors Present: Wayne McLellan District Chairman Ronald Moore, District Vice Chairman Ken Drum, District Supervisor Charles Krout, District Supervisor Robert Fisher, District Supervisor Also Present: W. Neil Dorrill, Dorrill Management Group, Manager Jerry Ellis, Site Supervisor 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 CALLIAPPROVAL OF AGENDA The entire Board was present for today's meeting. At the request of members of the Board, a discussion of Mr. Hanlon and the Lely Horses was added as 6E -1. Under Item 6, a discussion regarding Mr. Volpe was added as 6E, a discussion of six laning Grand Lely Boulevard was added as 6F, and the speeding issue was added as 6G. With those additions it was moved by Mr. Fisher and seconded by Mr. Moore that the Agenda be approved, and passed unanimously. DISCUSSION OF THE MINUTES OF THE FEBRUARY 19, 2003 MEETING Mr. Dorrill discussed the replacement of the tape recorder and the fact that he was awaiting word from the State as to how to prepare the minutes of the January meeting absent a transcribable tape. The Board will be advised once Mr. Dorrill hears from the State as to how this should be handled. ,ELY COMMUNITY DEVELOPML f 1611 °"4 Naples, Florida Minutes of a Regular Meeting of th e Supervisors of Ley Community Development Held on March 19, 2003 Minutes - Lely Community Development March 19, 2003 Page 2 MANAGERS REPORT A Review of Crime Statistics of 2003 Mr. Dorrill referred to Tab 2 while discussing the Crime Statistics report of calendar year 2002, and the incidence of crime adjacent to the Lely Community. Although not unduly concerned, Mr. Dorrill indicated that there were significant crimes happening in the areas surrounding the Community, and he will make a request to the Sheriffs Office Crime Statistics Bureau for more specific information on certain serious crimes, and whether these statistics are from Sheriffs Department activity only. After some discussion, it was agreed that at budget discussions for the coming year the issue of increased security with added road patrols and additionally some budget estimates for a high profile security facility for the Community will be on the agenda. Mr. Dorrill advised the Board that a copy of the District's Personnel Policies and Procedures for employees was included under Tab 3, and as they were last amended in 1994, they will be sent to Mr. Bryant for his review for possible revisions. Certain members of the Board will provide suggestions to Mr. Dorrill regarding these policies, and they will be forwarded to Mr. Bryant. After an explanation by Mr. Dorrill, a MOTION was made and seconded to accept the Audit, and also to amend the December minutes to clarify that the Trustee never found the District in technical default, and that the payment was subsequently made by Lely without penalty, and passed unanimously. Mr. Dorrill discussed a piece of correspondence received from Mr. Dempsy at Lely Development regarding Lake 17. A meeting with Luke De Lange, Mr. Bryant and Mr. Dorrill has been set for March 26 for clarification on who the District will be dealing with at Lely in this regard, and what further action will be taken. ,RELY COMMUNITY DEVELOPM� . T Naples, Florida Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held on March 192003 Minutes - Lely Community Development March 19, 2003 Page 3 1611 "' Mr. Bryant advised the Board that he had written a letter to Mr. Dempsey advising him of the District's position as far as the expenditure of District funds to be used to improve District assets only. Discussion was had as to the history of the lakes and the lining and ownership of Lake 17, and the potential liability that Lely Development has. Mr. Bryant will be listening to the tapes of the applicable meetings in order to ascertain ownership and previous Board action as well as any representation of Lely Development Mr. Volpe had simultaneous with that of the District. Mr. Bryant will investigate the possibility of the agreement with Lely being made moot due to their lack of performance. A MOTION was made and seconded by members of the Board to reject the letter of February 24 from Mr. Dempsey and all its proposals, and passed unanimously. Mr. Dorrill will keep the Board advised of any further developments. Mr. Dorrill advised the Board that he had spoken to Mr. Hanlon, and also provided the Sheriff's reports and witness statements regarding the incident at the Lely Horses. Discussion was had regarding the employee of Wackenhut who was involved in the incident and any possible unprofessional behavior. Mr. Dorrill will check both the insurance policy and the contract with Wackenhut to see whether the District is covered under these circumstances. It was further discussed that continued patrolling will be had to insure that the areas around the Lely Horses and the adjacent lakes are not to be used as recreation areas. Mr. Bryant recommended that the Board post signs around the lakes as there is a potential liability in case of an accident. A MOTION was made and seconded that bilingual no trespassing/do not feed the alligators signs be placed in the areas under discussion, and passed unanimously. Mr. Dorrill will ensure that all applicable regulations regarding signage will be followed. ATTORNEYS REPORT Mr. Bryant had nothing further to bring before the Board. LELY COMMUNITY DEVELOPMl:wT Naples, Florida Minutes r a Regula Meeting of the Supervisors of Lely Community Development Helm on March 19, 2003 Minutes - Lely Community Development March 19, 2003 Page d SUPERVISORS REQUESTS A. Take Fountains 1611 ' ' Mr. McLellan raised the point that the communities within the District should be advised of the availability of lake fountains, and how that is accomplished and maintained. Mr. Dorrill will facilitate that request. .i• • . 9- - 0010'0 Discussion was had among the Board regarding discussions that LDC and Mr. Stock had on Rattlesnake Hammock and how that affects the District's interests. Mr. Dorrill advised the Board that all the surveys of these areas have been completed. It was Mr. Bryant's opinion that due to the dedicated land belonging to the District, that the LDC and Stock Development would have to approach the District regarding that boundary for its approval. Discussion was had regarding the agreement that the District has with the County regarding Grand Lely, and the rights and responsibilities of those concerned once the agreement has been signed. D. Speeding There is a concern that speeding within the District is on the rise. At a suggestion from a member of the Board, it was suggested that two Highway Patrolmen be stationed on Lely Resort Boulevard and Wildflower to apprehend speeders. It was further felt that Roy Terry at the high school should be contacted to advise the high school students that they will be ticketed for speeding in the District. At this point some discussion was had as to the ownership of the medians within the District. Mr. Bryant suggested that a title search be done on a median area where the future security structure may be located to ensure ownership. With further discussion, it was felt that the security structure would be best located in the area of the Lely Horses. ..ELY COMMUNITY DEVELOPM. r Naples, Florida 1611 Minutes of a Regular Meeting of the Supervisors of Lely Community Development Held nn March 19, 2003 Minutes - Lely Community Development March 19, 2003 Page 5 A MOTION was made and seconded by Board members to authorized Mr. Dotrill and Mr. Bryant to investigate any replatting that may be necessary to the applicable tract to facilitate the proposed security building, and passed unanimously. MISCELLANEOUS CORRESPONDENCE Mr. Dorrill reported that all members of the Board will be provided with a copy of the Financials and Accounts Payable. Four neighborhoods have responded to Mr. Dorrill's letter regarding community beautification. PUBLIC COMMENT A vote of confidence was had for Jerry Ellis regarding the excellent job he is doing in the District. It was suggested by a member of the public that the possibility of a conflict of interest on Mr. Volpe's part be turned over to the Bar Association, and Mr. Bryant advised that a review of the minutes should be completed before that is done. A member of the public asked if the current road survey was going to affect the sidewalk on Celeste Boulevard and was advised by a member of the Board that it would not. In response to a question from the public, Mr. Ellis advised that the trailers that are presently located near the pumping station will be relocated once the new maintenance facility is completed. ADJOURNMENT With no further business to conduct, a motion was made and seconded and the meeting was adjourned at 3:00 p.m. 03/24/2003 08:50 7748301 PUB INFO PAGE 01/01 NOTICE OF MEETING AGENDA16 , COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD '> ITURSD^ MARCH 27, 2003 AT 6:00 P.M. �ECE1V'EC Fiala \`� County Comi ission Meeting Room Halas Turner Building (Building F), Third Floor Henning Collier County Government Center, Coyle 3301 Tamiami; Trail East 3 °ar`� '�'` County t;ommi Coletta Naples, Florida 34X1.2 SS'oner.5 NOTICES ** Public conxments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. Collier County Ordinance No. 99 -22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited. to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with th.e Clerk to the Board at the Board Minutes and Records Department, If you arc 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 Facilities Management Department whose office is located at 3301 East Tamiami Trail, Naples, Florida., 34112, telephone number (239) 774 -8380 within. two wonting days of your receipt of this Notice of Meeting & Agenda. AGENDA I. 6:00 P.M. Meeting called to order and determination of quorum. II. Approval of minutes. III. Determination of excusal of absences. W. Remarks by representative(s) of the Collier County Public Information office regarding the Community relations Information and Referral. Service, V. Old Business: A. Review of absentee policy. B. Roberts Rules of Order and Decorum. C. Conduct of members before, durJug and after meetings. D. Discuss joint meeting with. TIAAB, BARB and NAACP. E. Valdes/FBlletter. F. Subcommittee assignments. VI. New Business: A. Remarks by Carlos Aviles re HAAB goals presented to the Board of County Commissioners at the March. 1.1, 2403 BCC meeting. B. Selection. of a member to represent the HAAB at the Collier County Revenue Commission meetings. iV - ";� . i 0l;;�S: VII. New Business: items not on the agenda. VI11. Public Comments. f �. c3 re. .rat � . Fiala �� Henri Henning """'—', Coyle Coletta 1611 " COLLIER COUNTY GOVERNMPNT Pelican Bay Services Divl of �;_,)U,114 ��t r ' t'll 801 Laurel Oak Drive • Suite 605 • Naples, Florida 34108 • (239) 597 -1749 • Fax (239) 597 -4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, APRIL 2, 2003 at 3:00 P.M. AGENDA 1. Roll Call 2. Presentation to retiring Board Members 3. Approval of the Minutes of the March 5, 2003 Regular Meeting 4. Introduction of new Board Members 5. Election of Chairman and Vice Chairman 6. Presentation by County Attorney's Office on Ethics and Government in the Sunshine — Michael Pettit and Romero Manalich 7. Sub - committee Reports Clam Bay Sub - Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Seagate Culverts Beach Renourishment Project 8. Administrator's Report Capital Projects U.S. 41 Berm Irrigation &Landscape Improvements IJ l U.S. 41 Median Landscaping Community Issues Sidewalk Overlays and Repair 9. Pelican Bay 25`h Anniversary Celebration -2004 — Lois Sabatino i low. 10. Committee Requests 11. Financial Statement Review 12. Audience Participation 13. 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. C_i o r r ; e r Ci o H N L Y *".1 MINUTES PELICAN BAY SERVICES DIVISION BOARD MEETING March 5, 2003 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, March 5, 2003 at 3:00 P.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Lou Vlasho (Chairman) Mr. Joseph Bawduniak (Absent) Mr. Thomas Brown (Absent) Mr. James Burke Mr. James Carroll Mr. John Domenie Mr. Glen Harrell Mr. David Roellig Mr. Edward Staros Mr. Christopher Sutphin Mr. George Werner ALSO PRESENT: Approximately eight (8) Pelican Bay residents; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of the Minutes of the February 5, 2003 Regular Meeting 3. Discussion of the letter to the Board of County Commissioners regarding Cap d'Antibes 4. Sub - committee Reports Clam Bay Sub - Committee Clam Bay Annual Monitoring & Improvement Schedule Current Improvement Program Hydrodynamic & Water Level Monitoring Dune Restoration Seagate Culverts Beach Renourishment Project 5. Administrator's Report Capital Projects U.S. 41 Berm Irrigation & Landscape Improvements Nature Signs U.S. 41 Median Landscaping Community Issues Sidewalk Overlays and Repairs Pelican Bay Services Division Board Member Election Timetable 6. Committee Requests Review of article for Pelican Bay Post — James Carroll 7. Financial Statement Review 8. Audience Participation 9. Adjourn ROLL CALL Mr. Vlasho called the meeting to order and asked that the record show Messrs. Joe Bawduniak and Tom Brown with excused absences. APPROVAL OF THE MINUTES OF THE FEBRUARY 5, 2003 REGULAR MEETING 5147 PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 1 Mr. Burke stated, "On Page 5125, fourth paragraph, I used the words "I would disregard" referring to anything coming back from the County Attorney'. That is what I said, but it is not what I meant. I don't want to correct the Minutes, but I do want to read it into this set of Minutes that I was trying to say that we should work with the County Attorney until we get a letter that states our position. Mr. Vlasho stated, "It is appropriate to correct the Minutes in that manner'. Mr. Werner stated, "We are starting to use the verbiage "Tram Pass Berm Landscaping ". What is a tram pass? Mr. Ward replied, "I have no clue ". We differentiated that from U.S. 41 berm, so we just decided to call it the tram pass berm. Mr. Domenie stated, "On Page 5129, last sentence, change the word "I" to "it". Sentence should read, "It seems... ". Mr. Werner moved, seconded by Mr. Burke and approved unanimously the Minutes of the February 5, 2003 regular Meeting subject to the above corrections. DISCUSSION OF THE LETTER TO THE BOARD OF COUNTY COMMISSIONERS REGARDING CAP D'ANTIBES Mr. Vlasho stated, "As part of your agenda package you have received a copy of the letter which had been drafted regarding the Cap d'Antibes Project, along with a copy of the Request for Legal Service (RLS) made to the County Attorney and the County Attorney's reply to the RLS ". In summary, the letter is fine if we would exclude the sentence that says, "This constitutes a significant change from the original work plan for Waterpark Place and a violation of setback requirements established by the PUD ". Mr. Werner stated, "I believe it is pretty obvious what this response says ". The response appears to indicate that if we go outside the scope of our Board's responsibilities, we are exposing ourselves to some liability. Truthfully, I do not know why we keep chasing this letter. Mr. Vlasho stated, "I have been faxed a letter by Dr. Raia which he would like read into the Minutes ". The letter reads as follows: 5148 PELICAN BAY SERVICES DIVISION BOARD 1 1 March 6, 2003 "Mr. Ward seems to repeatedly miss the point in clarifying his role and that of the PBSD in the letter of approval that was signed by Mr. Ward on July 18, 2001. We do not suggest nor have we ever suggested that the PBSD had any authority to approve the plans other than for water management and berm connection. What we want addressed are the following: 1. The letter gave a clear appearance that the members of the Board viewed the plans and raised no objection. 2. That if PBSD had viewed the plans they would have expressed concern about the magnitude of the project and had an opportunity to voice their opinion (not a legal one) about the project. 3. The PBSD, in conjunction with the residents they serve, would have had a timely opportunity to take what ever action that could be taken prior to approval of the plan. 4. If these indeed are sentiments that have been expressed by a majority of the members of the PBSD why it is so difficult to get a letter explaining the above. Another important issue has been brought to our attention. Mr. Ward has other employment that may conflict with his responsibility on the PBSD. Mr. Ward has been the administrator for the Community Development District known as Fiddler's Creek. The Board of that District is under the control of the developer who happens to be the same developer that submitted the plans to Mr. Ward for approval. If this is the case then Mr. Ward should have recused himself." Mr. Werner stated, "I think it is kind of ridiculous to assume that Mr. Ward is the controlling force behind this issue ". Mr. Ward has, at least twice, said that his approval only had to deal with the water management issues and not architectural standards and I don't know why they want to keep beating up on him. I think Mr. Ward has made it abundantly clear as to what it is he approved and what his position is with regard to the Cap d'Antibes. I do not want to participate any further in any letter writing or anything of that sort. Mr. Carroll stated, "I think it would be worth Mr. Ward repeating to this Board the one thing that he helped me with when I asked him about Fiddler's Creek ". Mr. Ward replied, "As you all know, I represent local governments across the State, most of which are called Community Development Districts that are independent districts established by the Florida Legislature." One of those independent districts overlies the Fiddler's Creek community and is called the Fiddler's Creek Community Development District. I am the District Manager for that Community Development District and also represent one hundred fifty (150) Community Development Districts across the State and five (5) municipal agencies here in the 5149 PELICAN BAY SERVICES DIVISION BOARD 16 11'"1 March 6, 2003 State of Florida. It is a big stretch for me to get to the point of saying that there is any kind of a conflict of interest that would result from my representing another governmental agency in the State of Florida. In addition to that, I have indicated that our review of this plan is a rather technical review in its' entirety and has nothing to do with the issues that have been raised by Dr. Raia. As a Public Official in this State, and I have been working in this State for twenty -two years, it is extremely difficult to not be impartial in the discharge of my duties as a Public Official for the role in which I play, no matter what the agency. That has been my role in Pelican Bay since I have been here, which has been since 1980 and continues to be the role that I fill in all of the governmental agencies that I represent across the State, including Fiddler's Creek. Mr. Burke asked, "Where are we on the letter"? Mr. Vlasho asked, 'What is the will of the Board "? Do you want to send the letter with that sentence in or out? The attorney has suggested that we remove it and I believe we need to take his advice. The letter has been rewritten and I have signed it in case you decide to send it. If you decide not to send it, Mrs. Smith will destroy it. Mr. Sutphin stated, "I believe at this point to send a letter that in essence says nothing is demeaning to this Board and is an issue we have no authority to take a position on ". As wimpy as it might be, it is better to take no position than to send a letter like that. Mr. Vlasho stated, "Rather than get into a lengthy discussion, I would like to take a straw vote rather than taking an official vote ". The consensus is that we do not send the letter. Mr. Vlasho stated, "On my behalf, and I believe it is the sentiment of the Board, we don't smell anything that you are doing as being wrong and if you do, as you have recognized over the years, we will let you know ". I don't fault the people that are heading that effort for looking at all kinds of ways to get a foot in the door, but I think this is a real stretch and should not be taken as a reflection upon your character or the job that you do for us. Mr. Carroll stated, "In that letter there is a reference to something significant that happened on October 22nd ". That date means nothing to me because the Ordinance was approved on June 5th. Maybe that doesn't matter, but I thought it was strange that the Attorney came up with another date. 5150 "M 1 PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 + Mr. Ward replied, "I had originally thought that it was a typo in the response to the RLS, but Mrs. Smith has reminded me that the actual Letters of Understanding signed by the County Manager and the Board of County Commission are dated October 22 "d . That is the date he was referencing, but the Letters of Understanding are dated differently from the Ordinance for whatever reason. SUB - COMMITTEE REPORTS CLAM BAY SUB - COMMITTEE Mr. Roellig reported that the Sub - committee has no specific results to report at this meeting. We will probably hold a Sub - committee meeting before our next Board Meeting in April. CURRENT IMPROVEMENT PROGRAM HYDRODYNAMIC & WATER LEVEL MONITORING Mr. Roellig reported that the monitoring is on going and nothing new has been reported. DUNE RESTORATION Mr. Roellig reported, "The Sea Oats have been planted ". Mr. Lukasz stated, "The Sea Oats were planted last week and tilling was also done at the end of last week ". Mr. Roellig stated, "Tilling was required by the permit to ensure easy digging for the turtles when they come out to nest during the first of May'. SEAGATE CULVERTS Mr. Roellig stated, "There are no new reports on the Seagate Culverts ". BEACH RENOURISHMENT PROJECT Mr. Roellig reported, "We have an opinion from the County Attorney in which he opines that all of the beaches in Collier County that would be recommended for renourishment would be eligible for some TDC Funding ". This is in the very preliminary stage and there is no real policy as to what the percentage might be, but I feel it is slowly evolving in the direction that all of the beaches, including ours, are legally eligible for TDC Funding based on use and accessibility. Our beach is open to use, the accessibility is a question here, as are many Collier County beaches. Not all of the beaches in Collier County meet the criteria, nor does Barefoot Beach. The criteria being that you have to have adequate parking, which many areas do not have and means that 5151 -j 1 1 PELICAN BAY SERVICES DIVISION BOARD 1611 March 6, 2003 you are only eligible for a certain percentage, but if you have adequate parking and sanitary facilities you can receive a little more. Mr. Carroll stated, "I did not think we were eligible for those funds because of our access limitations ". Mr. Roellig replied, "If you have been following the struggle at Hideaway Beach, I would say that we have more access than they do ". This was handled in a convoluted manner and TDC money has been spent on Hideaway Beach, which is a community of approximately 600 structures. Hideaway Beach was looking at putting in a boardwalk from Tigertail Beach and the only real reason to do that was to increase their access, but the problem is that it is approximately three quarters of a mile to get from Tigertail Beach to Hideaway Beach. I don't believe that is going to happen and I believe that Hideaway Beach will probably continue to get TDC Funds. Mr. Roellig reported, "The Conservancy is apparently having some financial problems or redirecting some of their priorities, but at any rate they will not be supporting Ms. Worley's work in the monitoring of the mangroves. This is something we might want to think about and perhaps the Sub - committee will look at this issue. It is a fairly small amount of money and we would receive another independent viewpoint. We are talking about approximately $4,000 a year. I am bringing this up as a first thought that we should think about how we could handle this issue. Mr. Vlasho stated, "It would be good for the Sub - committee to look at that issue and then you could get her on our side, more than her being an independent who pops up and says here is what I think ". Mr. Roellig replied, "I kind of appreciate that in a sense because I don't mind hearing two sides of a story, but she has worked in the area for quite a while and we will discuss this further". Mr. Carroll stated, "It has come to my attention about an algae bloom in Inner Clam Bay". You may not have seen it yet, but I was wondering if there were any comments that you could make. I understand Mr. Lukasz knows a little about it and would like someone to comment on it. Mr. Roellig replied, "I just heard about it yesterday, so I have no knowledge of what it is ". Mr. Ward replied, "We do have an algae bloom in Inner Clam Bay". High temperatures, high nutrient loading and not a lot of rainfall cause algae bloom. Algae are treated with a very 5152 PELICAN BAY SERVICES DIVISION BOARD 1 .• March 6, 2003 _ JJJ... tl simple chemical, but because it is in Clam Bay we do not have permits to treat it. We have contacted FDEP to confirm that statement is still true and that we would not be able to treat it, but they have not responded to our request as of yet. The algae will eventually go away once the temperature get cooler. It is not harmful to the system and is caused by nutrient loading and is nature's way of correcting a problem by making algae to take up those nutrients. Mr. Vlasho stated, "I noticed that the new plantings in the north end are starting to take hold, but I want to commend whoever is responsible because the cattails are doing wonderfully'. ADMINISTRATOR'S REPORT CAPITAL PROJECTS U.S. 41 BERM IRRIGATION & LANDSCAPE IMPROVEMENTS Mr. Ward reported that the Irrigation and Landscaping Program is going very well at this point in time. We have essentially finished north Pelican Bay Boulevard to Gulf Park Drive area and we have a few more plant materials to install at the South Entrance from Gulf Park Drive to the South Entrance of Pelican Bay. We have had a number of comments from residents who live directly behind some areas and are trying to address them as they come up. There were a ton of Brazilian Peppers removed along that berm area, some of which we have left because of the view issues that residents are experiencing. Some residents have also raised the noise issue as we have removed those exotics. We are leaving some Brazilian Pepper on the backside of the berm as we go through the project and depending upon what happens in another year or two, we may go back in and try to address that issue. In essence, that project should be complete within the next few weeks. Mr. Vlasho asked, "If you don't eventually remove the Brazilian Pepper won't you be back to where you are now ". Mr. Ward replied, "Yes, we are actually leaving a path behind the planting area, between that and what is essentially the Brazilian Peppers, so that we will be able to keep them at bay from this point in time ". If I had my druthers, I would like to try to eventually go in and remove them, but it is a big imposition on those residents. Mr. Werner stated, "I hope some of those plants are fast growing, they appear to be awfully small ". 5153 PELICAN BAY SERVICES DIVISION BOARD 1 March 6, 2003 Mr. Ward replied, "They are quick growing plant materials and by the end of this summer you should see a dramatic change in the appearance of that berm from what it is today'. Mr. Harrell stated, "The berm has improved and you can start to see some sense to it, where earlier it was as nature had provided it ". We can get into the same trouble with Brazilian Peppers as we did with the cattails. We remove it because it is the right thing to do, but suddenly we are left with another problem. The south end of that berm is almost 100% Brazilian Pepper and I don't believe anyone realized that there is no berm at the south end. It is nice to see some order and color to the area now. NATURE SIGNS Mr. Ward reported, "At your last meeting, as a part of the Tram Pass Landscaping Program, there was included in your package some signage to be installed in different locations ". There would be one sign at each of the boardwalk facilities showing the wildlife in Pelican Bay and then periodically throughout the berm, smaller signs that would indicate what kinds of wildlife you might see along the berm. I have included in this Agenda Package the same material that you received last month for the Wildlife Signage Program. The signs are not particularly expensive to do and I have not made a decision on the actual type of signs that would be installed. Mr. Lukasz did prepare one for me, but I am not overly happy with the birds as you see them on this particular sign and will be making a change or two. The sign is a good idea for you to consider and I particularly like the concept of the bigger signs. With regard to the smaller signs it is your decision as to whether or not you want to move forward with them. I would probably stay away from the smaller signs without the associated landscaping because they would appear as just signs in the middle of the berm at this point. We did ask Mr. Turrell to review the signs to make sure we had them right and I don't believe he has indicated any changes. Mr. Vlasho asked, "What is the size of the signs "? Mr. Ward replied, "The larger signs are 4' x 5' and the smaller signs are similar to traffic signs and are approximately 1' x 3'. Mr. Harrell asked, "How many large signs would there be "? 5154 1 1 � � PELICAN BAY SERVICES DIVISION BOARD i i* March 6, 2003 Mr. Ward replied, "Three ". One would be located at the main entrance to the north berm, one at the Sandpiper tram station and one at the Commons entrance. Mr. Harrell asked, "Isn't that a large sign "? Mr. Ward replied, "It is a fairly large sign, but those are good locations, the facilities are relatively big there and they will fit in nicely with the other facilities ". Mr. Harrell stated, "I just don't want it to look like a billboard ". Mr. Ward replied, "I don't think it is going to have a billboard appearance ". Mr. Vlasho asked, 'Where will they be positioned within that station "? Mr. Ward replied, "Just outside of the station, along the berm itself, but we have not come up with a specific location at this point ". We wanted to get past the point of whether or not you wanted to move forward with the signs, then we will look at the locations to make sure we get them in correctly. Mr. Vlasho stated, "After receiving numerous calls about these signs for over a year, I would like to see us do something ". Mr. Werner stated, "I mentioned at the last meeting that my sense is that the larger signs are fine ". The additional eleven smaller signs are what we turned down and I believe that they would clutter up the berm and they are not something that the residents would want to see. My opinion is that the large signs are fine. Mr. Vlasho asked, "Can they be located along the rail so that it is not a new addition "? Mr. Ward replied, "We will get with the Foundation to make sure they are okay with where we place them ". I would like to place them where they are unobtrusive looking, but still provide valuable information to the residents. I don't want to make it to appear like a billboard. Mr. Werner asked, "Is a motion needed to move ahead with this issue "? Mr. Vlasho replied, "Let's have a motion ". Mr. Werner moved seconded by Mr. Sutphin and approved unanimously to move forward with the purchase and installation of the three larger wildlife signs for placement along the berm ". 5155 � y PELICAN BAY SERVICES DIVISION BOARD 16 1 1 March 6, 2003 VV ii U.S. 41 MEDIAN LANDSCAPING Mr. Ward stated, "Your U.S. 41 Median Landscaping Program was approved by the Board of County Commissioners in February and we are presently in the Contract Execution /Notice to Proceed period and will, in all probability, appear during the early May time schedule. With any luck at all, this project will be completed before the end of your Fiscal Year in September of this year. Mr. Werner asked, 'When do we approach WCI about their $75,000 contribution "? Mr. Ward replied, "I have already talked to them a number of times about the issue and they have indicated that once we had a signed contract and started to spend money, they would be in a position to begin that funding ". We will pay the first $150,000 of the contract and then I will send a request to the developer for the funding of their $75,000 contribution. Mr. Werner asked, "Will you let us know when we get WCI's contribution "? Mr. Ward replied in the affirmative. COMMUNITY ISSUES SIDEWALK OVERLAYS AND REPAIRS Mr. Ward reported that the sidewalk overlays and repairs are proceeding as anticipated by Collier County. PELICAN BAY SERVICES DIVISION BOARD MEMBER ELECTION TIMETABLE Mr. Ward stated, "Friday, March 7`h is the deadline for submission of the ballots ". The tabulations will be made and it is projected that the Board of County Commissioners will consider the item at their March 25th meeting. Mr. Harrell stated, "It became obvious to me when I received ballots from the Clerk's office that Mr. Staros and I, being commercial representatives, were not supposed to receive ballots for the residential voting ". It was an oversight and needs to be monitored quickly in the future ". There are only 125 commercial votes and the Registry was not going to vote at all. The ballots did go out and somebody is bound to return them, but Mr. Brock did mark which were commercial ballots and will destroy them so that they do not get counted. 5156 1 PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 Mr. Werner stated, "My ballot was returned to me ". The ballot was sent back to me in a Clerk's envelope. I called them and they did now know why it was returned, so I went down to their office and turned it in again. Mr. Sutphin stated, "I don't know how it should be addressed, but I found the instructions confusing ". It appeared that you had to vote for three candidates and it was my understanding that you did not. I believe that should be checked in the future before the ballots go out. Mr. Carroll stated, "I did call Mr. Cross on that issue ". I also complained about listing us only as the MSTBU and not acknowledging the fact that we are now called the Pelican Bay Services Division Board and that Mr. Nordhoff's name was misspelled. COMMITTEE REQUESTS REVIEW OF ARTICLE FOR PELICAN BAY POST — JAMES CARROLL Mr. Carroll stated, "I attended a coffee, which was also attended by all of the candidates applying for appointment to our Board ". I wrote an article to be published in the next issue of the Pelican's Post, but I wanted to review the fact that the cost of the extra police protection seems to be a continuing issue. I have asked Mr. Ward to review the Security costs over a four -year period, rather than focus on this past year, because of the issue we had with the vehicles. The average Security cost for the past four years was $401,000 per year. The focus at that coffee was all on the fact that we are spending $513,000 on Security and I thought it was necessary to get that into the proper perspective. Mr. Domenie stated, "I asked Mr. Ward about the police protection and when can we receive a quarterly report from the Sheriff as to their activities "? We get Sheriff Hunter here once a year, but they must keep records and logs, which could be presented to us on a quarterly basis. Mr. Ward replied, "They do statistical analyses, but I think it is done monthly and not quarterly". The statistics are normally a little behind schedule because of their internal computer system. We used to send that to you and it was determined by the Board that they no longer wanted to receive it. I do get that information and will be glad to send it out to you when we get it. Mr. Vlasho stated, "I had something to do with that report moving from monthly meetings to quarterly meetings and then eventually on an as needed basis ". The reports that were given to 5157 i PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 us were not very informative and we decided when we wanted to know something we would call them, or if they had something informative we would schedule them on the agenda. Mr. Harrell stated, "Mr. Vlasho is absolutely right ". What we were finding was a tremendous number of false alarms. Mr. Ward explained, "What they give us is statistical information on crimes that are occurring within a zone and unfortunately their zone information isn't just Pelican Bay'. It was and still is primarily false alarm information. If there is something that they feel is important, they notify my office and you are notified if I feel it is something that should be brought to your attention. Many times I get calls from their office where they just want me to be informed about something that is occurring within the community. Mr. Vlasho stated, "In another meeting I attended someone raised a similar issue with the Sheriff". I believe the dilemma with the Sheriff is that as revenue gets tighter he has to control his budget. The same is true in Pelican Bay. When you live in a relatively low crime area it is very difficult to justify maintaining a certain level, but when you cut it, what is going to happen? When the budget process comes around we will have to deal with that issue again. Mr. Domenie asked, "Is there any other area or subdivision within the County that pays for additional police protection from the Sheriff's Department and not internal security'? Mr. Ward replied, "The one that I represent happens to be Pelican's Marsh and we do have what we call a "Directed Sheriff's Patrol" from the Sheriffs office. I believe it is for 4 -6 hours a day and is not the same thing as you have in Pelican Bay. In Pelican's Marsh the deputies are off duty officers that come in. Mr. Domenie asked, "Is there any way that we can identify which cars we are paying for"? Would it be good to have Pelican Bay identified on those cars if we are paying for them and if we see one at some other development, then we know to question what it is doing there? Mr. Ward replied, "We do know which cars and deputies we are paying for". We used to have the Pelican Bay symbol on the cars but they were hard to keep in place because they were magnetized and had the tendency to come off easily. The Sheriff has not wanted to put a permanent marker on those cars for a variety of reasons, so I have not pushed him on that 5158 1 .9 1 PELICAN BAY SERVICES DIVISION BOARD March 6. 2003 particular issue. Even if we did, I will tell you that you would see the cars outside of Pelican Bay, since the deputies take their cars home. The Sheriff will also tell you that the vehicles will be outside of Pelican Bay if they are responding to an incident that is an emergency. You will not see deputies performing normal patrols in another zone within Collier County using a Pelican Bay vehicle. Mr. Werner stated, "I thought that when the Sheriff was here the last time we were kicking around some ideas of having possibly fewer hours when they were not needed and more hours when they were needed ". The Sheriff was supposed to provide us with some type of report and does that ring a bell with you? Mr. Ward replied, "We had some discussion about changing the level of service from a full time 24/365 basis to something other than that, based upon what was going to go on. They are aware of that issue because I have had discussions with them within the ensuing four to five months. My last discussions have been within the last month or so and I am not sure they have come up with any good ideas at this point in time with respect of how to implement that. It is something that is still on my plate, but I have not seen any great words of wisdom come out of their mouths as to what they would do differently than what they are already doing. Mr. Werner stated, "The problem is that we are getting into the budget cycle again and at that time I will have to make my annual motion to do away with the Sheriff's patrol ". Mr. Harrell stated, "I had asked the Sheriff to tell us the parts of the day when we have the most problems ". I wanted them to tell us when we have the problems and allow us to evaluate the needs that we have to deal with. Mr. Werner asked, "How do we follow up on that "? Mr. Ward replied, "The Sheriff is aware of that and I had planned on ensuring that as part of the budget process you would get something from them with respect to that issue ". guns "? Mr. Werner asked, "Do the deputies that are used in Pelican's Marsh come with cars and 5159 PELICAN BAY SERVICES DIVISION BOARD 1 � � 1 March 6, 2003 j, Mr. Ward replied, "Yes, they come as a regular deputy, but are paid at overtime rates ". The deputies are off duty, so they have come off their special detail units and are not a regular deputy on call that day. Mr. Werner asked, "I am wondering if it is cheaper to pay them the overtime rate than to pay for the other things we pay for such as their cars "? Mr. Ward replied, "The car, gun and accoutrement are all calculated in the overtime rate ". It is a ton of money and is approximately $35.00 to $50.00 per hour. It depends upon the number of hours you are going to use them. In Pelican's Marsh we do not use them every day and may only use them three or four days a week. It is different than Pelican Bay because Pelican's Marsh is a gated community, so the issues there are much different than you have in Pelican Bay. A decrease in cost will depend upon the number of hours they are used. Mr. Werner stated, "For those of you who are not aware, you can be ticketed for parking on Ridgewood Drive or Greentree Drive ". That is not what we are paying for, but I understand a lot of people got ticketed. Mr. Vlasho stated, "Every time I see one of those deputies hiding I place a call to Mr. Ward saying they are not supposed to be hiding ". I come and go at all times of the day and night and at some of these meetings that I attend people tell me they never see a deputy. I see them all of the time. Mr. Sutphin asked, "Mr. Ward, as part of your budget preparation I think there might be a perception that if we do away with the special coverage we would drop to zero dollars ". I would like to know how many man hours per week, day or month would an officer typically be in Pelican Bay if we didn't pay for the special program. Mr. Harrell stated, "They go where they are needed ". On a routine basis they would be here very little. Mr. Sutphin asked, "Would they do routine patrols "? Mr. Harrell replied, "There would be routine patrol, but very small ". Mr. Domenie stated, "If you would go eight hours a day @$50.00 per hour, 365 days a year that would come to $150,000 versus the $420,000 that we are paying ". 5160 PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 1611 '. Mr. Ward stated, "It is very hard to find an officer for eight hours a day, 365 days a year, so you have that issue to deal with also ". They are designed for four -hour shifts, three or four times a week, not seven days a week. There are not enough officers and too much overtime. Mr. Werner stated, "Before we had the deputies, the Foundation used Pinkerton to provide some level of security and if I remember correctly that amounted to approximately $180,000 a year". Mr. Vlasho stated, "That cost would have gone up over the years also ". On the flip side of the coin, you have to remember the Pinkerton fellow who went to the Philharmonic every morning and put out his orange cones and sat there. That security officer did that for years. When the Sheriff took over, the deputy went there for a week or so and asked why are we doing this, I haven't seen a kid cross this street yet? There is no perfect system. Mr. Vlasho continued, "I did get a letter in December from Mr. Schoemer where he and Maureen had a problem with a roofer and they called the Sheriff, but did not like the response they received from the deputy'. Mr. Schoemer went into reiteration of what we are getting for $500,000 and could we do this or that. Finally, the Sheriff's Department has gone back and researched what specifically happened and I am about to send them a letter that will say something to the effect that the Pelican Bay Services Division and Board reviews the services provided by the Sheriff on a yearly basis and although this debate is lively, there is a majority opinion within our community that the Collier County Sheriff's Office provides significant benefits to the residents of Pelican Bay. Our budget process will be coming up again in a couple months and I am sure your input would be welcome and invite them to attend our meetings. PELICAN BAY ANNIVERSARY Mr. Burke asked, "2004 is the Twenty -fifth Anniversary Year for Pelican Bay ". Last Friday, at the request of Mr. Carroll, I sat in on the initial meeting of the Steering Committee. The Foundation, Pelican Bay Property Owners and Pelican Bay Women's League were all represented. We are going to continue to meet on a periodic basis to set up this celebration and we are in the early stages of putting together the events and funding, with a lot of ideas being tossed around. I have a list of items that I am going to fax to Mr. Ward that might be our 5161 PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 responsibility such as permitting, parade routes, etc. I would like to request, unless there is somebody on the Board that wants to fight me for sitting on that Committee, that I represent this Board on that Committee. Mr. Vlasho stated, "I would suggest that you continue to function as you have been so that we don't get into any Sunshine Law issues ". If we appoint you, then everything you do would require an advertised meeting. Thanks for reporting on your personal activities and any funding requests can be submitted to this Board. Mr. Burke stated, "I am a little lost here, I have some things to request". Mr. Harrell stated, "By all means request them, but by continuing to do what you are doing you are doing a very good job ". If you have to be appointed as a Committee it gets very hairy. Mr. Ward stated, "In the event the Board appoints you to serve on a specific Committee, then the Committee itself becomes a matter of the Sunshine Law and Public Records, which would require recorded meetings and minutes. I believe what the Chair is telling you is that you can represent whomever you want to sitting on that Committee as Mr. Burke. I believe that is what the Chair is telling you. Mr. Vlasho explained, "Whatever recommendations you would like to make can be made through Mr. Ward and they will be added to an agenda and the Board can do whatever they desire with them ". PELICAN BAY SERVICES DIVISION BOARD REVIEW Mr. Vlasho stated, "The Report has been submitted and we will be making an oral presentation to the Board of County Commissioners at the March 25`h Board Meeting and you are all invited to attend and participate however you would care to ". Mr. Harrell asked, "Is this something that is done on a regular basis "? Mr. Vlasho replied, "It is something that is supposed to be done on a regular basis and the new County Manager is requesting the Report to see if we are doing what we should be doing ". Mr. Domenie asked, "Does this go on the Consent Agenda "? 5162 PELICAN BAY SERVICES DIVISION BOARD M March 6, 2003 Mr. Ward replied, "No ". The Reports generally have appeared on the regular Agenda, but the first item because they will do a dozen Advisory Boards at the same time and as a result of that the Chairperson of each Board is requested to be in attendance at that Commission Meeting. We have not been advised of the time, but it is Item 10 and hopefully will be before lunchtime. Mr. Carroll stated, " I have never seen this before" Mr. Ward replied, "They have had this before, but not under Mr. Vlasho's reign ". It has been many years since we have had to do one of these. Mr. Vlasho stated, "At a meeting last week we had Commission Chairman, Tom Henning and County Manager, Jim Mudd represented and they updated us on County activities ". I have to tell you I am really impressed with Mr. Mudd, he is quite a guy. I don't know how he is to work for, but as far as direction, knowing what he is talking about and looking to the future, he is a good guy. FINANCIAL STATEMENT REVIEW Mr. Ward stated, "The Financial Statements for the period ending January 31, 2003 have been enclosed in your agenda package ". The County is transitioning their computer system, so with any luck at all these are, in fact, correct, but I am going to reserve judgment on that until they make the complete conversion. Be that as it may, there is really nothing in these Financial Statements that has come to my attention that would warrant concern at this point in time, but we are keeping tabs on one issue. With the heat we are going to have to increase the frequency of our mowing schedule in the winter months in order to keep up, so our Personnel Costs towards the end of our Fiscal Year will be of concern to me and we will deal with that later in the Fiscal Year as we get towards the July /August time schedule. Other than that issue, we are on track with everything at this point in time, including your Capital Projects. AUDIENCE PARTICIPATION Mr. Jim Gage — Coronado — "We need the help of your office ". A little over two years ago the County came before this group and laid out plans in which to change our water from black water to potable water for our fire system. They then came in and did the work about a year ago. 5163 � r PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 1611 A year ago we wrote a letter to the County and we are still on black water, where all of the other condominiums, other than the Marbella, have been changed. Somebody needs to do something about this. Mr. Vlasho asked, "Mr. Ward do you know anything about this "? Mr. Ward replied, "The County is in the middle of the change out and I don't believe they have changed every building in Pelican Bay". Mr. Vlasho stated, "They don't seem to be around here working any longer". Mr. Ward stated, "I will send an e-mail to the County staff for you ". Mr. Gage stated, "In addition to that, the County had shown us some beautiful pictures of how these backflow preventers were going to be landscaped ". Our condominium is not done yet, but as I drive around Pelican Bay and look at the others, I don't see any landscaping at all. Mr. Ward stated, "I have complained to the County staff myself about the lack of landscaping and the response has been that the condominiums have not chosen the landscaping ". My response has usually been to show me the plans and I will choose the plants for you to install. Mr. Lukasz has informed me that he is going to be meeting with the County staff and the Foundation tomorrow to address that issue. I have complained about that same issue for a number of months now. Mr. Carroll stated, "This project is still alive and well ". In the Crescent they came in and tore up our road to put in new piping, which took about four weeks. They have now re- asphalted the part of the road that they had opened up and we are now negotiating with the County to have it seal coated. As we understood it, they were going to put everything back the way it was and they certainly have not done that in our area. They are still around and there have been a lot of them here for the last four weeks. Mr. Roellig stated, "Our building had been done for six months and we have heard nothing from them as far as landscaping goes ". Mr. Lukasz stated, "As far as the actual conversions, they have cut back because it is the middle of season right now". 5164 PELICAN BAY SERVICES DIVISION BOARD March 6, 2003 10"M �t Mr. Harrell stated, "This is a two pronged project ". One is converting by using the backflow preventers and the other is actually putting the gray water into the system, which has not happened yet and all of the fire protection in the community is still gray water. Eventually they will attach the back flow preventers to the County's potable system and gray water will no longer be part of the fire protection. We were told once everybody was set up they would make the connection because they have to go into the street to make our connection and they have not done that. Mr. Vlasho asked, "Mr. Lukasz will you get back with Mr. Gage with what you learn at the meeting tomorrow"? Mr. Lukasz replied, in the affirmative. MANGROVE CUTTING Mr. Chuck Walton — Claridge — Mangrove Action Group — "Last month I questioned you about the extensive cutting of mangroves along the berm and we received a misleading answer about that ". I don't know whether you have seen it, but large mangrove trees were cut down in three locations along the berm, north of the tram station. I have heard that there has been something going on since then and was wondering if we could get a follow -up? Mr. Ward replied, "One of my maintenance staff was somewhat overzealous in trimming some mangroves along the berm ". We have advised FDEP with respect to the issue and are working with them on an amicable solution to the over - trimming issue. Hopefully we will have a solution within the coming few weeks. Mr. Vlasho asked, "Where did it happen "? I know it was at the north berm, but where else did it occur? of that ". Mr. Ward replied, "That is it, the corner of the north berm and approximately 50 feet north Mr. Vlasho asked, "Has anything else been going on since last meeting "? Mr. Ward replied, "No, it happened and it shouldn't have happened ". Mr. lazzo — "What Mr. Walton brought up was a good question, but there is a definite follow -up to it ". How is something like this coordinated? I would like to know exactly who initiates 5165 PELICAN BAY SERVICES DIVISION BOARD 4' 1611 March 6, 2003 the command to do such a job and how is it coordinated? Is there an overseer on it? I would like an answer on that one. Mr. Ward replied, "Obviously the Pelican Bay Services Division is responsible for handling that issue and as I said, I have been here for many years and have never had this kind of a problem happen ". We had an overzealous maintenance worker who happened to over trim the mangroves. He has been reprimanded and it won't happen again. Mr. Carroll asked, 'Would you comment on the reason for the trimming "? Mr. Ward replied, "For many years we have trimmed the mangroves back off of the berm and along the boardwalks going out to the berm. The workers are trained on how to do the trimming, but this particular worker just got overzealous in the trimming process. Mr. Dave Trekker — St. Pierre — "Did I understand you to say that the algae bloom in the bay is reversible and will eventually go away'? Mr. Ward replied, "Yes, it will eventually go away". It is weather and nutrient related and the weather will have to get a little cooler. Mr. Dave Trekker asked, "If I understand the situation with regard to the Twenty -five Year Celebration, Mr. Burke can come to Mr. Ward with a funding recommendation and then Mr. Ward will bring it back to this Board for approval "? Mr. Vlasho replied, "Not necessarily". Normally we funnel things through the Manager for getting on the agenda, but Mr. Burke is welcome to come to any meeting and make a proposal as a Board Member. We don't want to officialize Mr. Burke. We want to be supportive and for him to continue what is being done. It is the same as when Mr. Carroll joined your planning group. Mr. Trekker asked, 'Wouldn't funding requests go into your budget for next year"? Mr. Vlasho replied, "Yes". Mr. Chuck Walton — "I looked into the law about cutting down mangroves, as this is not trimming ". Have you been out to see it? Mr. Ward replied, "Yes, I have ". Mr. Walton stated, "I believe using the term "overzealous trimming" is a gloss ". There is one entire tree cut down and the regulations regarding the legality of that says the first offense 5166 PELICAN BAY SERVICES DIVISION BOARD . March 6, 2003 1611 can be solved by mitigation and mitigation means planting more mangrove trees in place of the ones that were cut down. It says "x" number of new trees must be planted for every inch of trunk that is exposed. There are some ten to fifteen trunks that are of various sizes, with one entire tree cut down and they are located no where near any place that would obstruct vision, except the one at the very end which was overdone. They cut down whole trees when they just needed to cut them back some. It appears to me you are just glossing over this issue rather than realizing this is a serious offense. There is supposed to be mitigation and 1 feel the discussion should be where should the mitigation take place. Putting more saplings in the place where those trees were cut down is not going to do any good. If you are going to mitigate, you should plant more trees in other places that need planting. I think it is important not to just say overzealous trimming when it is not, you should all go and look at the area. Mr. Werner stated, "I think we have been planting new mangrove trees for the past five or six years ". Mr. Ward stated, "Two million dollars later, we are not glossing over the issue and I did not mean to do that ". I am one who completely understands the severity of the issue that has come up and that is why we contacted the regulatory agencies to start with. Staff is not minimizing the issue, but by the same token, I am in the middle of negotiation with FDEP on what mitigation will occur as a result of that action. I will keep what I go on public record with to a minimum at this point, until such time as staff is finished with that negotiation. Mr. Vlasho asked, 'Will you update the Board as that moves along "? Mr. Ward replied, "Yes and the mitigation area will be decided between staff and FDEP ". ADJOURN There being no further business the meeting adjourned at 4:25 P.M. Mr. Lou Vlasho, Chairman 5167 CLAM BAY SUB - COMMITTEE MINUTES — March 20, 2003 1 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, March 20, 2003 at 10:00 A.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke Mr. John Domenie Mr. George Werner ALSO PRESENT: Five (5) Pelican Bay residents; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the January 14, 2003 Meeting 3. Mangrove Die Off Area — White Mangroves 4. Hydrodynamic Study Update 5. Cattail Removal — 2 Acre Planting Area 6. Audience Participation 7. Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show all members present. APPROVAL OF MINUTES OF THE JANUARY 14 2003 MEETING Mr. Werner moved, seconded by Mr. Burke and approved unanimously, the Minutes of the January 14, 2003 Meeting. MANGROVE DIE OFF AREA — WHITE MANGROVES Mr. Roellig stated, "We received a Memorandum from Mr. Hall regarding the re- growth of white mangroves ". A concern had been raised at a previous meeting to the fact that the majority of volunteer mangroves that are re- growing are white mangroves. The Memorandum clarifies that this is a natural progression that normally occurs in rejuvenating areas. Normally white mangroves will be the first to re -grow and the red and black mangroves will follow later. Mr. Burke asked, "Is ditching the same as channeling "? Mr. Roellig replied, "Yes ". 250 y Clam Bay Sub - committee March 20, 2003 L Mr. Burke asked, "Are the white mangroves re- growing along the ditching "? Mr. Roellig replied, "The vast majority of mangroves growing in the die off area are white mangroves ". I believe that Mr. Riley planted red mangroves, but the majority of volunteer plants that have rejuvenated are white mangroves. Mr. Domenie asked, "Are the seeds of the white mangroves also long pods "? Mr. Lukasz replied, "They are small and appear more like a seed ". HYDRODYNAMIC STUDY UPDATE Mr. Ward stated, "Most everything that Mr. Hall has spoken to me about with respect to the monitoring wells and hydrographic study are related to the Hydrodynamic Study Update that he is working on ". I can tell you from our discussions that both Mr. Hall and Humiston & Moore are on schedule with their workloads. Most of what they are doing right now is nothing more than data gathering of the materials necessary to produce a report for you at some point in the future. We do expect completion by the end of summer, which corresponds to the schedules that you have been provided. The one piece of the puzzle that we are starting to work on is, what are we going to do with budgets for the Clam Bay System for Fiscal Year 2004, since I have to prepare those now and can't wait until September to begin that preparation? Mr. Lukasz and I are going to put together a draft of a budget for Clam Bay for presentation to the full Board in May. I would like to have another Sub - committee Meeting in the next two weeks to get a starting point. I think it is important that before we get to your May Meeting, that you provide me with some recommendations or desires with respect to the Clam Bay System. It is difficult to budget when I have no clue of what kind of improvements you are going to be doing next year. Mr. Domenie asked, "We will have a considerable Carryforward in our Clam Bay Budget for next year, won't we "? Mr. Ward replied, "You will have some Carryforward ". I believe we are probably not going to be doing the tidal flushing cuts during the current fiscal year and I believe we budgeted the Water Management System changes in the current fiscal year. I don't remember the exact amount of that, but approximately $100,000 sticks in my mind for both of those pieces. 251 Clam Bay Sub - committee March 20, 2003 Mr. Werner asked, "Is Humiston & Moore's Hydrodynamic Modeling in this year's budget "? Mr. Ward replied, "Yes, in the amount of approximately $80,000, which is being done in the current fiscal year'. The Management Report, Biological Monitoring, Hard Bottom Monitoring, Water Quality work, Hydrographic Monitoring work, and Exotic Invasive Plant Control Program are all being done. The Cattail Planting will be saved. We are also handling the Interior Channel Maintenance and Dune Restoration. Mr. Domenie asked, "What about the dredging of Clam Pass "? Mr. Ward replied, "We have funded that from TDC Funds in past years ". Mr. Domenie asked, "Will we be required to include something in the budget for dredging "? Mr. Ward replied, " Humiston & Moore had indicated to you last year that preliminarily they believe you are on a three year program and that dredging was done last year'. You have approximately two more years before the dredging will have to be done again. Mr. Roellig stated, "Although we budgeted it, it was TDC Funding ". Mr. Werner stated, "If you don't have the dredging budgeted can you do it anyway with TDC Funds, even though it is an "in and out" in the Budget "? Mr. Ward replied, "We would have to go back and apply for the funds, which you would have to do anyway, so it is not that big of an issue and is no more work ". If you put the TDC Funding in the Budget now, it makes it a little easier to go through the process, but TDC Funding is a variable number in the budget, so during the year if you have to do it and there are sufficient funds it is usually easy to apply for. Mr. Domenie asked, "If we have a major storm in August/September that would block the entrance to Clam Pass, either before or after the budget is finally approved, then how would we get funds "? Mr. Ward replied, "We would have to go through the same process ". Mr. Domenie asked, "Would it be best to include something in the budget and then not apply to TDC for the funding if it is not necessary'? 252 Clam Bay Sub - committee March 2G. 2003 A .! Mr. Ward replied, "With the TDC Funding, I believe if we provide them with reasonable expectations of what we are going to do throughout the year, that is better than putting something in the budget and not use it ". They tend to get a little more critical as time goes forward if you put something in their budget and then you don't use it, then the following year you get a lot more questions. Mr. Domenie asked, 'What if we have a major storm on September 15th and after our budget has been approved "? Mr. Ward replied, "I think that is easy to explain to the County Staff and the TDC Board ". Mr. Roellig stated, "The TDC used to meet every three months, but now they have started to meet monthly, which makes things much easier". Mr. Ward stated, "The TDC Meeting schedule was the most difficult part of the process ". Mr. Ward explained, "That is where we are with your Budget for Fiscal Year 2004 and I will be scheduling a Sub - committee Meeting, prior to the May Advisory Board Meeting, to go over a preliminary budget with you ". SEAGATE CULVERTS Mr. Ward reported, "The Seagate Culverts are being worked on and surveying information is being obtained ". Mr. Lukasz explained, "The tide data and elevations have been received and we should be receiving the results of that analysis within the next week ". DUNE PLANTINGS Mr. Ward reported, "The dune plantings have been finished and at this point in time it is no more than an ongoing monitoring program for you ". I believe everyone is happy with the beach renourishment and dune - planting project that we have just completed. MANGROVE TRIMMING PROGRAM Mr. Ward explained, "The mangrove trimming problem that we had is still under review by FDEP and without going into all of the details I will just leave it at that, if I could, since we are still under FDEP review". 253 Clam Bay Sub - committee March 2G, 2003 loll ! Mr. Domenie asked, "When Cap d'Antibes cleared all of their growth, were there any mangroves in that area "? Mr. Ward replied, "I don't know of any'. Mr. Domenie stated, "Some of that growth was overhanging part of the berm also ". Mr. Lukasz replied, "That area was all Brazilian Pepper ". Mr. Ward explained, "That area was similar to what we have on the front berm ". Once we moved in and started clearing, it was all Brazilian Pepper. Mr. Burke asked, 'What is under review by FDEP"? Is it the fact that some mangroves were taken down or over - trimmed? Mr. Ward replied, "Yes, the FDEP reviews the fact that they were trimmed without their proper or necessary approvals. FDEP goes through a process of how that was done and they have rules in place on how you mitigate for the damage that was done as a result of that work. That is currently underway with FDEP. Mr. Werner asked, "Didn't our permit give us the right to trim these trees "? Mr. Ward replied, "Yes, but they were trimmed more than they should have been ". They were over - trimmed and that caused a problem under our permitting process. Mr. Burke asked, "Are we required to report that to the FDEP "? Mr. Ward replied, "We were required to report that to them, which we did do and that triggers a process at the Regulatory level where we begin a discussion with them on what mitigation we will have to do in order to alleviate the fact that the mangroves were over trimmed ". At least in the preliminary discussions they have been very fair, they understand the benefits that have come out as a result of the entire project and they understand that this was merely a mistake that occurred. We have procedures in place to ensure that will not occur in the future at our level and at the Regulatory level also. We are presently discussing what we will do in the mitigation phase, but I am confident that it will be a relatively reasonable compromise that gets put on the table. Mr. Domenie asked, "If we move forward with strengthening the berms and digging the canals in that section, will we be touching some of those mangroves "? 254 Clam Bay Sub - committee March 20, 2003 0'" Mr. Ward stated, "In terms of the required minimum work, what I had recommended to the full Board was that we would not be digging any swale areas that are adjacent to the berm ". The only work that we are going to be doing is some dirt work to stabilize the berm structure. CATTAIL REMOVAL — 2 ACRE PLANTING AREA Mr. Roellig reported, "On the back half of the planting area the plants appear to be doing as well as can be expected ". Mr. Ward stated, "As well as can be expected for an area of that nature ". Mr. Roellig stated, "The section that is closest to the berm does not appear to be growing very well'. There have been other plants introduced, but are there any specific plans for that area? Mr. Lukasz replied, "There are still some cattails that are growing in that area and we are continuing to spray those ". A couple of months ago there were barely any aquatic plants visible, but we have started to see the growth of some of those aquatic plants. If we continue to see growth, we could possibly go back in and plug more aquatic plants in the shallow areas close to the berm. Mr. Roellig asked, "Can we expect another six months or so of selective spraying "? Mr. Lukasz replied, "We are spraying for cattail re- growth on a monthly basis ". We are trying to keep the cattails under control so that they do not encroach any of the plants that have been introduced into that area. Over the next thirty to sixty days we should watch to see what those aquatic plants that were planted six months ago do and if they continue to grow, we could possibly fill in the area where there is no re- growth. Mr. Roellig stated, "Another thing we were looking at and has not been covered is the extent of maintenance that we wanted to do in some of the major cuts that we made ". Are we looking at digging or doing any maintenance in those areas? Mr. Lukasz replied, "No, the only maintenance would be to keep them cleaned out, which is usually done in May as part of the funds that we budget for maintenance of the interior channels ". 255 Clam Bay Sub - committee 1 March 20, 2003 •L ` �„ Mr. Roellig asked, "Are we still looking at those channels as being of a benefit to the system "? Mr. Lukasz replied, "Yes, Turrell and Associates has recommended that we continue to keep those channels open ". Mr. Ward stated, "There was some question about those channels, but I believe Mr. Turrell and Mr. Hall are right on point'. We understand the cattail issue, but we really should try to keep those channels open and that area drained. Mr. Burke stated, "You can almost hear those cattails re- grow". It appears as if we never did the work to remove them. We had good reasons on a long term basis to get the cattails out of there and it turned out that it was a politically incorrect thing to do, but now they are back and appear to be healthier than ever. On a long term basis, is there a downside, ecologically, in that area for us? Mr. Ward replied, "I am not sure I would call it a downside ". The original reason the cattails were removed, and I still think that concept was correct, is if saltwater gets into that area the cattails will die just with the salinity that would be entering and that still holds true into the future ". Unfortunately what we found once we got in there is that material is so deep and the biomass so thick in that location that it was literally impossible to take out what we did and not deal with the biomass from where we stopped to where the water would be. That is what is causing the regeneration. Is it ecologically bad? If you look around the State and at what the State says, they want cattails out because they are an invasive plant. Cattails out compete natural materials in the State and as a result of that, it is good to remove them. The cost of that has to be taken into consideration and in this particular instance it is just getting way too expensive to try to maintain that specific area free of cattails. The after decision, once we found out the data, was correct. I believe Mr. Turrell and Mr. Hall have recommended that we continually remove some of the biomass in that area and allow it to regenerate and that will certainly be put in your plan for consideration as we move through the years. VANDERBILT LAGOON 256 Clam Bay Sub - committee March 20, 2003 na } Mr. Roellig stated, "I was wondering what was happening with regard to the water quality study for the Vanderbilt Lagoon as this was one of the reasons that we got started with our Hydrodynamic Modeling, so I contacted the County staff'. Apparently, they are still working on an Executive Summary to bring that Study request to the Board of County Commissioners. Mr. Ray Smith has informed me that staff is still working on the Executive Summary and their goal is to get it on the Board of County Commissioners Agenda for April 8`". They will be proposing, what we did months ago, to the County Commission that they request a Vanderbilt Lagoon Study be done by the Army Corps of Engineers and that the County would act as the local sponsor for the study. This has been in the County Staff's hands for all of these months and there is really nothing new to report. BEACH RENOURISHMENT Mr. Roellig stated, "This is not on our agenda, but we do get into this issue ". As I mentioned in the past, the County has a goal of re- nourishing the Collier County beaches during the next Fiscal Year and it would appear like a difficult thing to be ready to go by November. This issue will come before the Coastal Advisory Committee and since this is funded by TDC Funds, there is some interest in a number of areas in the County to come up with some sort of cost sharing plan for beach renourishment, where it would not normally be funded due to access reasons. The area from the Lee County line south to Gordon Pass is basically one coastal engineering region. When the beaches were renourished in 1995/1996 the idea was to only renourish areas that met the criteria of having adequate public access, which was criteria self imposed by the County. Much of the City of Naples does not meet the access criteria and was not included in the 1995/1996 beach renourishment. There is some interest in trying to determine whether or not the County should look at some portioning where people who don't meet the strict access requirement might be offered some percentage contribution from TDC funds. At the last Coastal Advisory Committee Meeting, another Sub - committee was formed and I am one of the three people who are going to be looking at the possible cost sharing arrangements for future TDC Funding. Today I am not asking for advice, but after I attend the initial meeting, which is being held on March 31, 2003, 1 will prepare a Memorandum for the Pelican Bay Services 257 M Clam Bay Sub - committee 1611 March 20, 2003 Division Board soliciting ideas or concerns for however we would want to get involved in this cost sharing. I will be the representative for the Unincorporated Area of Collier County, which covers a large area, but naturally I am interested in finding out what our neighbors feel about that possibility. Mr. Roellig continued, "There is some good justification because everybody who leases a condominium in Pelican Bay for less than six months pays the Tourist Development Tax ". We are paying the tax, but whether or not we get some of the benefits back is another issue. I want to get the reading of the people and see what happens at the Sub - committee Meeting and see where we go from there. I know we have had strong feelings and advice in the past to not accept TDC Funding, but in my view we should look at this in the light of other areas having similar access situations. If it is good for Barefoot Beach or the City of Naples, maybe it is good for us too. Mr. Domenie asked, "When they say renourishment, do they set the standard that they want an average beach width of 100' or how do they decide on the amount of renourishment that will take place "? Mr. Roellig replied, "That study is underway right now and is being funded by TDC ". What we are looking at is that there appears to be large quantities of suitable beach sand a significant distance off shore and using different equipment they, do not anticipate running into the rock problem again. We have been looking at the costs being approximately half of what it costs to bring sand in by truck. The engineering is being done right now for the entire County and within a few months they will come up with a County -wide Plan for what the coastal engineers would recommend for our shoreline. There is a TDC Grant Application for this beach renourishment in the vicinity of $10,000,000, plus whatever Pelican Bay would want to contribute. We are looking at a major renourishment of at least 1,000,000 yards of sand along the shoreline of the City of Naples and Vanderbilt Beach to the north of us. I mention this as something that is coming down the pike and will try to keep you apprized as it moves forward. Mr. Domenie asked, "Does the coastal engineering firm decide that here the beach will be 100' and over there it will be 80' wide? 258 Clam Bay Sub - committee l March 20, 2003 Mr. Roellig replied, "The engineers will come up with a preliminary design ". A number of beach areas have an offshore hard bottom in front of them and you can't let your beach renourishment sand get into that hard bottom or you will have mitigation problems. In the areas where there is an offshore hard bottom they keep the beach narrower and a little steeper. With an offshore source of sand the impact on the roads will be essentially "zero ". I don't think we had a problem in our beach renourishment with the trucking, but in the City of Naples they ran into people who were tired of only having a couple of access points with the trucks coming in to the beach. Mr. Domenie stated, "There is a lot of talk in Naples Park about the open drainage ditches and wanting to install pipes ". Would that stormwater all pour into the Vanderbilt Lagoon? Mr. Roellig replied, "I would say so ". That is a major problem that you don't hear much talk about, but it is a major problem in the City of Naples. We don't catch much stormwater here; we just dump it in Vanderbilt Lagoon, Venetian Bay or Naples Bay. In fact, some stormwater is dumped right across the beach into the Gulf of Mexico. The Beach Renourishment Committee has engineers looking at a better way to treat that in the City of Naples. It doesn't help to put a beach in front of a condominium and then have a storm come and flush the sand away because of the drainage across the beach. A treatment plant is typical for stormwater these days, but to install a treatment plant you are talking tens of millions of dollars. Mr. Werner asked, "Is the road widening of Goodlette Road, from Pine Ridge Road to Vanderbilt Beach Road, going to impact on our stormwater"? Mr. Ward replied, "There is about 300 acres in Pine Ridge, but that is not going to impact us ". The area that drains is west of that. Mr. Domenie Stated, "They are putting in two retention ponds ". One pond will be located at the corner of Pine Ridge Road and the other at Vanderbilt Beach Road. Mr. Ward stated, "The piece that drains into our system is pretty well developed and there is just no more capacity in Pine Ridge to add to that ". AUDIENCE COMMENTS 259 Clam Bay Sub - committee March 20, 2003 1611 ' 1 Mr. Chuck Walton — Claridge — Mangrove Action Group — "In thinking about the north end, I was very distressed when I heard Mr. Lukasz say they were spraying here every month ". It is finally starting to look pleasantly green and attractive where the plants have come back, including the cattails and the thought that they are going to do it again and turn it into this brown devastation for another two or three weeks until the green comes back again is sad ". I wonder if you have thought about reconsidering the plan and possibly thinking of a new design for that area. The idea that saltwater is going to come in some time is a wishful dream of Mr. Turrell's. The saltwater was supposed to kill the cattail problem and it didn't because there is very little saltwater that ever gets up into that northern end and I am not sure it ever gets close to the very north end. Any idea that saltwater is going to come in there and kill all of the cattails appears to me to be just a pipe dream. I wonder if there has ever been any thought of redesigning that area and stopping the killing of the cattails? The cattails grow so beautifully and the spraying is not really getting rid of them, it just keeps them suppressed until you stop spraying. Mr. Domenie asked, "What area are you spraying "? Mr. Lukas replied, "From the north tram station down to the Montenaro ". Mr. Domenie asked, "Are you spraying in between where we have planted "? Mr. Lukasz replied, "In between where we planted and mainly cattail re- growth ". This is being done on a monthly basis to keep the cattails under control and see what success we have with the plants we have installed. On the backside the grasses are doing fairly well and the aquatic plants in the lower area closer to the berm are the ones that did not come in as well, although we are getting some growth now. Mr. Roellig stated, "it is a troubling problem and we have kind of elected to try to do everything we can along that two acre stretch ". Mr. Werner asked, "When was that planted "? Mr. Lukasz replied, "Approximately six months ago ". Mr. Roellig stated, "Our general thought is that the spraying is not going to last forever, but generally we prefer to continue for some period of months yet ". 260 Clam Bay Sub - committee March 20, 2003 1611'' Mr. Domenie asked, "If we don't spray cattails will they start to take over in clumps and would they grow in the rear where the land is higher'? Mr. Lukasz relied, "I believe we will get some re- growth of the cattails on that back area as well ". Once the cattails grow from a higher elevation you are not going to see the grasses that are filling in because the cattails are going to be higher. Mr. Domenie asked, 'What are the bushes that we see growing "? Mr. Lukasz replied, "Most of those are Buttonwoods ". Mr. Werner stated, "I think it is too soon to declare a victory on those cattails and we should give them another six months ". Mr. Ward stated, "Possibly another year, plus ". Mrs. Potter stated, "This continual spraying has to put chemicals in among the mangroves ". What are we spraying with? Mr. Lukasz replied, "Rodeo ". Rodeo is a systemic herbicide that gets applied to the foliage and gets down into the plant. The chemical has to go in through the foliage. Mrs. Potter asked, "Wouldn't that have the same affect on new mangrove shoots "? Mr. Lukasz replied, "If you spray it on the foliage it will translocate through the plant ". Mrs. Potter asked, "Would it be transferred by water'? 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Personal Services - Field Total Personal Services Appropriations - Operations Administration Indirect Cost Reimbursements Other Contractual Services Telephone - Service Contracts Telephone - Direct Line Postage, Freight & Ups Rent - Buildings Rent - Equipment Lease Purchase Dell Computers Insurance - General Data Processing - R &M Printing or Binding - Outside Vendors Clerks Recording Fees, Etc. Legal Advertising Reimbursement for Prior Year Revenue Office Supplies - General Copying Charges Minor Office Equipment Computer Software Other Training & Educational Exp. Other Operating Supplies Total Administration Field Services Engineering & Consultants Berm & Swale Maintenance Water Quality Testing Plan Review Services Water Use Charges Replanting Program GENERAL FUNDS `1 Prorated Water Community Street Total Rev/Ezp F.Y. 2003 Feb-03 Favorable Management Beautification Lights Security Thru Feb. Budget Budget Unfavorable $1,809 $11,805 $3,286 $3,367 $20,267 $75,300 $31,375 ($11,108) $0 $0 $0 $0 $0 $5,000 $2,083 ($2,083) $0 $0 $0 $0 $0 $0 $0 $0 $I $296 $133 $0 $431 $0 $431 $0 $464,390 $1,174,547 $177,866 $362,925 $2,179,728 $2,651,000 $2,179,652 $76 $0 $0 $0 $0 $0 $330,520 $0 $0 $466,200 $1,186,648 $181,285 $366,292 $2,200,426 $3,061,820 $2,213,541 ($13,116) $7,453 $22,734 $1,527 $1,785 $33,500 $54,100 $33,500 $0 $8.090 $24,689 $3,598 $7,306 $43,683 $82,000 $43,683 $0 $0 $0 $0 $0 $0 $139,500 $0 $0 $15,543 547,423 $5,125 $9,091 $77,183 $275,600 $77,183 $0 $450,657 $1,139,225 $176,160 $357,201 $2,123,243 $2,786,220 $2,136,359 $13,116) $22.234 $22,693 $15,134 n/a $60,061 $127,600 $53,167 ($6,894) $43.808 $331,931 $13,108 n/a $388,846 $848,900 $353.708 $35.138) $66,042 $354,624 $28,242 $0 $448,907 $976,500 $406,875 ($42,032) $55.950 $0 $4,950 n/a $60,900 $122,600 $60,900 $0 $6.651 $9,606 $6,600 n/a $22,857 $69,000 $28,750 $5,893 $164 $140 $288 n/a $592 $2,000 $833 $241 $949 $949 $594 n/a $2,492 $10,500 $4,375 $1,883 $1.322 $1,078 $569 n/a $2,969 $13,000 $5,417 $2,448 $3.908 $4,026 $3,908 n/a $11,841 $23,900 $9,958 ($1,883) $292 $292 $292 n/a $877 $3,700 $1,542 $665 $464 $0 $0 n/a $464 $1,200 $500 $36 $3.000 $500 $400 n/a $3,900 $3,900 $1.625 ($2,275) $0 $0 $0 n/a $0 $900 $375 $375 $0 $0 $0 n/a $0 $4,000 $1,667 $1,667 $0 $0 $0 n/a $0 $4,000 $1,667 $1,667 $0 $0 $0 n/a $0 $6.000 $2,500 $2,500 $40.000 $282 $51 n/a $40,333 $40,000 $40,333 $0 $523 $456 $168 n/a $1,146 $3,500 $1,458 $312 $0 $0 $0 n/a $0 $1,900 $792 $792 $0 $0 $0 n/a $0 $600 $250 $250 $0 $0 $0 n/a $0 $100 $42 $42 $0 $0 $0 n/a $0 $400 $167 $167 $89 $0 $0 n/a $89 $800 $333 $245 $113,312 $17,329 $17,819 50 5148,460 $312,000 $163,483 $15,023 $723 $0 $0 n/a $723 $13.070 $5,446 $4,723 $0 $0 $0 n/a $0 $5,000 $2,083 $2,083 $7.178 $0 $0 n/a $7,178 $14,000 $5,833 ($1.345) $0 $0 $0 n/a $0 $5,000 $2,083 $2,083 $0 $36,216 $0 n/a $36,216 $95,000 $39,583 $3,367 $0 $13.106 $0 n/a $13,106 $42,300 $17,625 $4,519 Page 1 COLLIER COUNTY PELICAN BAY SERVICES DIVISION 1611'1 STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR FIVE (5) MONTHS ENDING FEBRUARY 28, 2003 Other Contractual Services Per Diem - Conferences, Schools Motor Pool Rental Charge Telephone - Direct Line Cellular Telephone Postage, Freight & Ups Electricity Trash & Dumpster Fees Rent Equipment Insurance General Auto Insurance Sprinkler System Maintenance Maintenance - Landscaping Autos & Trucks R &M Outside Vendor Fleet Maintenance - Labor Fleet Maintenance - Parts Fleet Maint. Non ISF Boat R &M Other Equipment R &M Printing - Outside Vendors Photo Processing Licenses & Permits Copying Charges Uniform Rental Chemicals Fuel & Lubricants - Outside Fuel & Lubricants - Inside Minor Operating Equipment Other Training & Educational Other Operating Supplies Total Field Services Capital Outlay Capital Expenditures Total Capital Outlay Security Personal Services Other Contractual Services Total Security Operations TOTAL APPROPRIATIONS Net Income from Operations Fund Balance a, 10/1/02 Fund Balance (&_ February 28, 2003 Fund Balance Allocations Reserved for Operations Reserved for Capital Outlay GENERAL FUNDS Prorated Water Community Street Total Rev/Exp F.Y. 2003 Feb-03 Favorable Management Beautification Lights Security Thru Feb. Budget Budget Unfavorable $20,399 $110,278 $1,280 n/a $131,957 $309,900 $129.125 ($2.832) $0 $198 $0 n/a $198 $0 $0 ($198) $0 $277 $0 n/a $277 $0 $0 ($277) $0 $962 $0 n/a $962 $0 $0 ($962) $611 $699 $609 n/a $1,920 $5,800 $2.417 $497 $0 $342 $0 n/a $342 $200 $83 ($258) $0 $432 $6,980 n/a $7,412 $31.500 $13,125 $5,713 $4,361 $17,292 $0 n/a $21,653 $20,900 $8,708 ($12,944) $345 $4,371 $0 n/a $4,716 $9,000 $3,750 ($966) $1,800 $7,800 $700 n/a $10,300 $10.300 $4.292 ($6,008) $2,800 $5,600 $900 n/a $9,300 $9,300 $3,875 ($5,425) $0 $8,578 $0 n/a $8,578 $20,000 $8,333 ($245) $0 $49,680 $0 n/a $49,680 $53.200 $22,167 ($27.513) $0 $0 $0 n/a $0 $1,000 $417 $417 $0 $3,242 $0 n/a $3,242 $7,900 $3,292 $50 $0 $2,240 $0 n/a $2,240 $12.300 $5,125 $2.885 $0 $0 $0 n/a $0 $2,400 $1.000 $1,000 $0 $0 $0 n/a $0 $500 $208 $208 $0 $0 $0 n/a $0 $3.000 $1,250 $1,250 $0 $0 $0 n/a $0 $200 $83 $83 $0 $0 $0 n/a $0 $100 $42 $42 $0 $0 $0 n/a $0 $1.100 $458 $458 $296 $0 $0 n/a $296 $0 $0 ($296) $574 $2,505 $0 n/a $3,079 $6,800 $2,833 ($246) $15,387 $7,413 $0 n/a $22,800 $107.200 $44.667 $21,866 $0 $868 $0 n/a $868 $800 $333 ($535) $1,111 $6,037 $0 n/a $7,148 $10.200 $4.250 ($2.898) $0 $1,352 $0 n/a $1,352 $3,300 $1,375 $23 $0 $635 $0 n/a $635 $1,200 $500 ($135) $2,490 $57,220 $9,141 n/a $68,851 $106.000 $44.167 ($24.685) $58,076 $337,342 $19,610 $0 $415,028 $908,470 $378,529 ($36,499) $15,806 $49,482 $19,816 $0 $85,103 $192,150 $80,063 ($5.040) $15,806 $49,482 $19,816 $0 $85,103 $192,150 $80,063 ($5,040) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $112,243 $112,243 $397.100 $165,458 $53.216 $0 $0 $0 $112,243 $112,243 $397,100 $165,458 $53,216 $253,235 $758,777 $85,486 $112,243 $1,209,741 $2,786,220 $1,194,408 ($15,333) $197,422 $380,448 $90,674 $244,958 $913,502 $0 $941,951 ($28.449) $305,457 $618,344 $141,990 $145,682 $1,211,473 $1.015,800 $502,879 $998,792 $232,664 $390,640 $2,124,975 $1,015,800 $423,279 $835,392 $225,864 $385,640 $1,870,175 $371.000 $79,600 $163,400 $6,800 $5,000 $254,800 $254,800 Notes: Fund Balance at 10/1/02 (actual) includes Reserve for Encumbrances of $50,519.62 FY 2003 Unappropriated Fund Balance Budget includes $50,519.62 of Rolled Encumbrances and a $40,000 B.A. in Water Management Page 2 1611'' COLLIER COUNTY PELICAN BAY SERVICES DIVISION STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR FIVE (5) MONTHS ENDING FEBRUARY 28, 2003 Revenue Interest Income Miscellaneous Income Interfund Transfers Assessment or Ad- Valorem Tax Levy Unappropriated Fund Balance Total Revenui Other Fees & Charges Property Appraiser Tax Collector Revenue Reserve Total Other Fees & Charge. NET REVENUE Appropriations: Engineering & Consultants Other Services Capital Outlay TOTAL APPROPRIATION' Net Income from Operations Fund Balance @ 10/1/02 (Actual) Fund Balance @ February 28, 2003 Fund Balance Allocations Reserved for Operations Reserved for Capital Outlay CAPITAL PROJECTS FUNDS Prorated Clam Bay Uninsured Irr. & Land. Total Rev/Eap F.Y. 2003 Feb-03 Favorable Svstem Assets Analvsis Thru Feb. Budget Budget Unfavorable $0 $17,098 $4 $17,103 67,700 $28,208 ($11,106) $14 $0 $491 $505 0 $0 $505 $218,100 $0 $75,000 $293,100 586,200 $293,100 $0 $55,402 $0 $252,512 $307,914 272,600 $256,244 $51,670 $0 $0 $0 $0 524,304 $0 $0 $273,516 $17,098 $328,007 $618,621 $1,450,804 $577,552 $41,069 $0 $0 $4,205 $4,205 $5,500 $4,205 $0 $66 $0 $5,050 $5,116 $8,500 $5,116 $0 $0 $0 $0 $0 $14,300 $0 $0 $66 $0 $9,255 $9,321 $28,300 $9,321 $0 $273,450 $17,098 $318,752 $609,300 $1,422,504 $568,231 $41,069 $38,467 n/a $0 $38,467 $303,464 $126,443 $87,976 $127,359 n/a $181,623 $308,982 $1,1 19,041 $466,267 $ 157,285 n/a $0 $0 $0 $0 $0 $0 $165,826 $0 $181,623 $347,449 $1,422,504 $592,710 $245,261 $107,624 $17,098 $137,129 $261,851 $0 ($24,479) $286,330 $437,176 $1,140,277 $400,036 $1,977,489 $1,322,000 $544,800 $1,157,375 $537,165 $544,800 $0 $415,065 $0 $1,157,375 $122,100 $2,239,340 $1,322,000 $959,865 $0 $1,279,475 $1,322,000 Notes: F.Y. 2003 Budget for Fund Balance At 10 /1/02 (Actual) includes Reserve for Encumbrances of $176,604.16 F.Y. 2003 Budget for Unappropriated Fund Balance includes $176,604.16 in Rolled Encumbrances. Page 3 1611�: PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND FEBRURARY 28, 2003 Page 1 F.Y.'s 97-00 F.Y. 2001 F.Y. 2002 F.Y. 2003 Total Exp. Feb. 2003 Budget Budget Budget Budget Budget To Date Balance Expenses EXPENDITURES Environmental Consult. Engineering Fees $0 $58,040 $145,260 $106,464 $309,764 $221,063 $88,701 $0 Akerman, Senterfitt, et. al. $207,683 $0 $0 $0 $207,683 $207,683 $0 $0 Lewis Environmental Serv. $78,732 $0 $0 $0 $78,732 $78,732 $0 $0 Tackney & Associates $86,500 $0 $0 $0 $86,500 $86,500 $0 $0 Wilson, Miller, et. al. $69,197 $7,245 $0 $0 $76,442 $76,442 $0 $0 Dr. Samuel Snedeker $9,997 $0 $0 $0 $9,997 $9,997 $0 $0 Hilbum Hilstad $10,550 $0 $0 $0 $10,550 $10,550 $0 $0 Turrell $61,939 $4,562 $0 $0 $66,500 $66,500 $0 $0 Other Expenditures $80,481 $146,324 $198,193 $339,978 $764,976 $437,705 $327,271 $800 Sub -Total $605,079 $216,170 $343,453 $446,442 $1,611,144 $1,195,172 $415,972 $800 Tidal Creeks 1,2 & 3 Engineering Construction Tackney $0 $0 $0 $0 $0 $0 $0 $0 Turrell $59,000 $0 $0 $0 $59,000 $59,000 $0 $0 Agnoli, Barber & Brundage $2,796 $0 $0 $0 $2,796 $2,796 $0 $0 Engineering Design Tackney $0 $0 $0 $0 $0 $0 $0 $0 Turrell $26,790 $0 $0 $0 $26,790 $26,790 $0 $0 Agnoli, Barber& Brundage $11,596 $0 $0 $0 $11,596 $11,596 $0 $0 Capital Improvements $186,013 $0 $0 $0 $186,013 $186,013 $0 $0 Sub -Total $286,195 $0 $0 $0 $286,195 $286,195 $0 $0 Clam Pass Main Channel Engineering Construction Tackney $0 $0 $0 $0 $0 $0 $0 $0 Turrell $79,000 $0 $0 $0 $79,000 $79,000 $0 $0 Agnoli, Barber& Brundage $5,900 $0 $0 $0 $5,900 $5,900 $0 $0 Engineering Design Tackney $0 $0 $0 $0 $0 $0 $0 $0 Turrell $24,980 $0 $0 $0 $24,980 $24,980 $0 $0 Agnoli, Barber& Brundage $10,000 $0 $0 $0 $10,000 $10,000 $0 $0 Snedaker $0 $0 $0 $0 $0 $0 $0 $0 Capital Improvements $251,530 $0 $0 $0 $251,530 $251.530 $0 $0 Sub - Total $ 371,410 $0 $0 $0 $371,410 $371,410 $0 $0 Interior Tidal Creeks Engineering Construction WMB &P $10,990 $0 $0 $0 $10,990 $10,990 $0 $0 Turrell $3,000 $0 $0 $0 $3,000 $3,000 $0 $0 Interior Tidal Creeks Engineering Design Lewis Environmental $31,800 $0 $0 $0 $31,800 $31,800 $0 $0 WMB &P $12,620 $0 $0 $0 $12,620 $12,620 $0 $0 Page 1 Ecosystem Enhancements Environmental Consultants $3,750 PELICAN BAY SERVICES DIVISION $82,969 $192,000 $278,719 $107,422 $171,296 $0 CLAM BAY RESTORATION FUND $0 $25,198 1 $1 15,000 $175,931 $64,243 FEBRURARY 28, 2003 $3,312 _ $0 $8.250 $0 F.Y.'s 97-00 F.Y. 2001 F.Y. 2002 F.Y. 2003 Total Exp. $3,750 Feb. 2003 $118,702 Budget Budget Budget Budget Budget To Date Balance Expenses EXPENDITURES $0 $0 $0 $0 $0 Capital Improvements $0 $38.817 Engineering Consultants $0 $38.817 $38,817 $0 $0 Sub -Total $82,500 $55,797 Lewis Environmental $86,519 $27,692 $0 $0 $114,211 $114,211 $0 $0 Capital Improvements $72,978 $47,398 $0 $0 $120,376 $120,376 $0 $0 Sub -Total $217,907 $75,090 SO $0 $292,997 $292,997 $0 $0 Seagate Culverts $0 $18,713 $18,713 $0 $0 Sub -Total $34,172 $950 Engineering Construction $0 $35,122 $35,122 $0 $0 WMB &P $8,071 $0 $0 $0 $8,071 $8,071 $0 $0 Engineering Design WMB &P $12,385 $0 $0 $0 $12,385 $12,385 $0 $0 Capital Improvements $88,240 $0 $0 $0 $88.240 $88,240 $0 $0 Sub -Total $108,696 $0 $0 $0 $108,696 $108,696 $0 $0 Ecosystem Enhancements Environmental Consultants $3,750 $0 $82,969 $192,000 $278,719 $107,422 $171,296 $0 Other Contractual Serv. $0 $25,198 $35,733 $1 15,000 $175,931 $64,243 $111,688 $3,312 Capital Improvements $0 $8.250 $0 $0 $8.250 $8,250 $0 $0 Sub -Total $3,750 $33,448 $118,702 $307,000 $462,899 $179,915 $282,984 $3,312 Fresh/Stormwater Analysis Engineering Fees $0 $16,980 $0 $0 $16,980 $16,980 $0 $0 Environmental Consult. Fees $0 $0 $0 $0 $0 $0 $0 $o Turrell & Associates $82,500 $0 $0 $0 $82,500 $82,500 $0 $0 Other Contractual Serv. $0 $0 $0 $0 $0 $0 $0 $0 Operating Supplies $0 $0 $0 $0 $0 $0 $0 $0 Capital Improvements $0 $38.817 $0 $0 $38.817 $38,817 $0 $0 Sub -Total $82,500 $55,797 $0 $0 $138,297 $138,297 $0 $0 Capital Outlay TOTAL INVOICES Improvements General $15,459 $950 $0 $0 $16.409 $16,409 $0 $0 Other Machinery & Equip. $18,713 $0 $0 $0 $18,713 $18,713 $0 $0 Sub -Total $34,172 $950 $0 $0 $35,122 $35,122 $0 $0 Other Fees & Charges Tax Collector $23,041 $0 $239 $100 $23.380 $23,346 $34 $0 Property Appraiser $8,637 $0 $942 $0 $9,579 $9,579 $0 $0 Revenue Reserve $0 $0 $0 $100 $100 $100 $0 $0 Sub -Total $31,678 $0 $1,182 $200 $33,060 $33,025 $34 $0 TOTAL APPROPRIATIONS $1,741,387 $381,454 $463,336 $753,642 $3,339,819 $2,640,830 $698,989 $4,112 Rolled Encumb. which are included in Total Approp. $10,242 ACCOUNTSPAYABLE DATE INV. NO. AMOUNT TOTAL INVOICES $0.00 Page 2 1611 COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive • suite 605 • Naples, Florida 34108 • (239) 597 -1749 • Fax (239) 597 -4502 NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB- COMMITTEE AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, APRIL 16, 2003 AT 3:00 P.M. AGENDA 1. Roll Call 2. Approval of Minutes of the March 20, 2003 Meeting 3. Clam Bay Budget Plan — Fiscal Year 2004 4. The Conservancy of Southwest Florida Funding Request 5. Seagate Culverts 6. Audience Participation 7. 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. ;l. 1611 CLAM BAY SUB - COMMITTEE MINUTES — March 20, 2003 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, March 20, 2003 at 10:00 A.M. at Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke Mr. John Domenie Mr. George Werner ALSO PRESENT: Five (5) Pelican Bay residents; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division; and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the January 14, 2003 Meeting 3. Mangrove Die Off Area — White Mangroves 4. Hydrodynamic Study Update 5. Cattail Removal — 2 Acre Planting Area 6. Audience Participation 7. Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show all members present. APPROVAL OF MINUTES OF THE JANUARY 14 2003 MEETING Mr. Werner moved, seconded by Mr. Burke and approved unanimously, the Minutes of the January 14, 2003 Meeting. MANGROVE DIE OFF AREA — WHITE MANGROVES Mr. Roellig stated, "We received a Memorandum from Mr. Hall regarding the re- growth of white mangroves ". A concern had been raised at a previous meeting to the fact that the majority of volunteer mangroves that are re- growing are white mangroves. The Memorandum clarifies that this is a natural progression that normally occurs in rejuvenating areas. Normally white mangroves will be the first to re -grow and the red and black mangroves will follow later. Mr. Burke asked, "Is ditching the same as channeling "? Mr. Roellig replied, "Yes ". 250 Clam Bay Sub - committee March 20, 2003 1611'1 Mr. Burke asked, "Are the white mangroves re- growing along the ditching "? Mr. Roellig replied, "The vast majority of mangroves growing in the die off area are white mangroves ". I believe that Mr. Riley planted red mangroves, but the majority of volunteer plants that have rejuvenated are white mangroves. Mr. Domenie asked, "Are the seeds of the white mangroves also long pods "? Mr. Lukasz replied, "They are small and appear more like a seed ". HYDRODYNAMIC STUDY UPDATE Mr. Ward stated, "Most everything that Mr. Hall has spoken to me about with respect to the monitoring wells and hydrographic study are related to the Hydrodynamic Study Update that he is working on ". I can tell you from our discussions that both Mr. Hall and Humiston & Moore are on schedule with their workloads. Most of what they are doing right now is nothing more than data gathering of the materials necessary to produce a report for you at some point in the future. We do expect completion by the end of summer, which corresponds to the schedules that you have been provided. The one piece of the puzzle that we are starting to work on is, what are we going to do with budgets for the Clam Bay System for Fiscal Year 2004, since I have to prepare those now and can't wait until September to begin that preparation? Mr. Lukasz and I are going to put together a draft of a budget for Clam Bay for presentation to the full Board in May. I would like to have another Sub - committee Meeting in the next two weeks to get a starting point. I think it is important that before we get to your May Meeting, that you provide me with some recommendations or desires with respect to the Clam Bay System. It is difficult to budget when I have no clue of what kind of improvements you are going to be doing next year. Mr. Domenie asked, 'We will have a considerable Carryforward in our Clam Bay Budget for next year, won't we "? Mr. Ward replied, "You will have some Carryforward". I believe we are probably not going to be doing the tidal flushing cuts during the current fiscal year and I believe we budgeted the Water Management System changes in the current fiscal year. I don't remember the exact amount of that, but approximately $100,000 sticks in my mind for both of those pieces. 251 Clam Bay Sub - committee March 20, 2003 1611 'y Mr. Werner asked, "Is Humiston & Moore's Hydrodynamic Modeling in this year's budget "? Mr. Ward replied, "Yes, in the amount of approximately $80,000, which is being done in the current fiscal year'. The Management Report, Biological Monitoring, Hard Bottom Monitoring, Water Quality work, Hydrographic Monitoring work, and Exotic Invasive Plant Control Program are all being done. The Cattail Planting will be saved. We are also handling the Interior Channel Maintenance and Dune Restoration. Mr. Domenie asked, "What about the dredging of Clam Pass "? Mr. Ward replied, "We have funded that from TDC Funds in past years ". Mr. Domenie asked, 'Will we be required to include something in the budget for dredging "? Mr. Ward replied, "Humiston & Moore had indicated to you last year that preliminarily they believe you are on a three year program and that dredging was done last year'. You have approximately two more years before the dredging will have to be done again. Mr. Roellig stated, "Although we budgeted it, it was TDC Funding ". Mr. Werner stated, "If you don't have the dredging budgeted can you do it anyway with TDC Funds, even though it is an "in and out" in the Budget "? Mr. Ward replied, "We would have to go back and apply for the funds, which you would have to do anyway, so it is not that big of an issue and is no more work ". If you put the TDC Funding in the Budget now, it makes it a little easier to go through the process, but TDC Funding is a variable number in the budget, so during the year if you have to do it and there are sufficient funds it is usually easy to apply for. Mr. Domenie asked, "if we have a major storm in August/September that would block the entrance to Clam Pass, either before or after the budget is finally approved, then how would we get funds "? Mr. Ward replied, "We would have to go through the same process ". Mr. Domenie asked, "Would it be best to include something in the budget and then not apply to TDC for the funding if it is not necessary'? 252 Clam Bay Sub - committee March 20, 2003 1611"1 Mr. Ward replied, 'With the TDC Funding, I believe if we provide them with reasonable expectations of what we are going to do throughout the year, that is better than putting something in the budget and not use it ". They tend to get a little more critical as time goes forward if you put something in their budget and then you don't use it, then the following year you get a lot more questions. Mr. Domenie asked, 'What if we have a major storm on September 15`h and after our budget has been approved "? Mr. Ward replied, "I think that is easy to explain to the County Staff and the TDC Board ". Mr. Roellig stated, "The TDC used to meet every three months, but now they have started to meet monthly, which makes things much easier'. Mr. Ward stated, "The TDC Meeting schedule was the most difficult part of the process ". Mr. Ward explained, "That is where we are with your Budget for Fiscal Year 2004 and I will be scheduling a Sub - committee Meeting, prior to the May Advisory Board Meeting, to go over a preliminary budget with you ". SEAGATE CULVERTS Mr. Ward reported, "The Seagate Culverts are being worked on and surveying information is being obtained ". Mr. Lukasz explained, "The tide data and elevations have been received and we should be receiving the results of that analysis within the next week ". DUNE PLANTINGS Mr. Ward reported, "The dune plantings have been finished and at this point in time it is no more than an ongoing monitoring program for you ". I believe everyone is happy with the beach renourishment and dune - planting project that we have just completed. MANGROVE TRIMMING PROGRAM Mr. Ward explained, "The mangrove trimming problem that we had is still under review by FDEP and without going into all of the details I will just leave it at that, if I could, since we are still under FDEP review ". 253 Clam Bay Sub - committee March 20, 2003 1611', Mr. Domenie asked, 'When Cap d'Antibes cleared all of their growth, were there any mangroves in that area "? Mr. Ward replied, "I don't know of any'. Mr. Domenie stated, "Some of that growth was overhanging part of the berm also ". Mr. Lukasz replied, "That area was all Brazilian Pepper ". Mr. Ward explained, "That area was similar to what we have on the front berm ". Once we moved in and started clearing, it was all Brazilian Pepper. Mr. Burke asked, 'What is under review by FDEP "? Is it the fact that some mangroves were taken down or over - trimmed? Mr. Ward replied, "Yes, the FDEP reviews the fact that they were trimmed without their proper or necessary approvals. FDEP goes through a process of how that was done and they have rules in place on how you mitigate for the damage that was done as a result of that work. That is currently underway with FDEP. Mr. Werner asked, "Didn't our permit give us the right to trim these trees "? Mr. Ward replied, "Yes, but they were trimmed more than they should have been ". They were over - trimmed and that caused a problem under our permitting process. Mr. Burke asked, "Are we required to report that to the FDEP"? Mr. Ward replied, "We were required to report that to them, which we did do and that triggers a process at the Regulatory level where we begin a discussion with them on what mitigation we will have to do in order to alleviate the fact that the mangroves were over trimmed ". At least in the preliminary discussions they have been very fair, they understand the benefits that have come out as a result of the entire project and they understand that this was merely a mistake that occurred. We have procedures in place to ensure that will not occur in the future at our level and at the Regulatory level also. We are presently discussing what we will do in the mitigation phase, but I am confident that it will be a relatively reasonable compromise that gets put on the table. Mr. Domenie asked, "If we move forward with strengthening the berms and digging the canals in that section, will we be touching some of those mangroves "? 254 1611 Clam Ba Sub - committee Y , March 20, 2003 Mr. Ward stated, "In terms of the required minimum work, what I had recommended to the full Board was that we would not be digging any swale areas that are adjacent to the berm ". The only work that we are going to be doing is some dirt work to stabilize the berm structure. CATTAIL REMOVAL — 2 ACRE PLANTING AREA Mr. Roellig reported, "On the back half of the planting area the plants appear to be doing as well as can be expected ". Mr. Ward stated, "As well as can be expected for an area of that nature ". Mr. Roellig stated, "The section that is closest to the berm does not appear to be growing very well'. There have been other plants introduced, but are there any specific plans for that area? Mr. Lukasz replied, "There are still some cattails that are growing in that area and we are continuing to spray those ". A couple of months ago there were barely any aquatic plants visible, but we have started to see the growth of some of those aquatic plants. If we continue to see growth, we could possibly go back in and plug more aquatic plants in the shallow areas close to the berm. Mr. Roellig asked, "Can we expect another six months or so of selective spraying "? Mr. Lukasz replied, "We are spraying for cattail re- growth on a monthly basis ". We are trying to keep the cattails under control so that they do not encroach any of the plants that have been introduced into that area. Over the next thirty to sixty days we should watch to see what those aquatic plants that were planted six months ago do and if they continue to grow, we could possibly fill in the area where there is no re- growth. Mr. Roellig stated, "Another thing we were looking at and has not been covered is the extent of maintenance that we wanted to do in some of the major cuts that we made ". Are we looking at digging or doing any maintenance in those areas? Mr. Lukasz replied, "No, the only maintenance would be to keep them cleaned out, which is usually done in May as part of the funds that we budget for maintenance of the interior channels ". 255 Clam Bay Sub - committee March 20, 2003 1611 Mr. Roellig asked, "Are we still looking at those channels as being of a benefit to the system "? Mr. Lukasz replied, "Yes, Turrell and Associates has recommended that we continue to keep those channels open ". Mr. Ward stated, "There was some question about those channels, but I believe Mr. Turrell and Mr. Hall are right on point'. We understand the cattail issue, but we really should try to keep those channels open and that area drained. Mr. Burke stated, "You can almost hear those cattails re- grow". It appears as if we never did the work to remove them. We had good reasons on a long term basis to get the cattails out of there and it turned out that it was a politically incorrect thing to do, but now they are back and appear to be healthier than ever. On a long term basis, is there a downside, ecologically, in that area for us? Mr. Ward replied, "I am not sure I would call it a downside ". The original reason the cattails were removed, and I still think that concept was correct, is if saltwater gets into that area the cattails will die just with the salinity that would be entering and that still holds true into the future ". Unfortunately what we found once we got in there is that material is so deep and the biomass so thick in that location that it was literally impossible to take out what we did and not deal with the biomass from where we stopped to where the water would be. That is what is causing the regeneration. Is it ecologically bad? If you look around the State and at what the State says, they want cattails out because they are an invasive plant. Cattails out compete natural materials in the State and as a result of that, it is good to remove them. The cost of that has to be taken into consideration and in this particular instance it is just getting way too expensive to try to maintain that specific area free of cattails. The after decision, once we found out the data, was correct. I believe Mr. Turrell and Mr. Hall have recommended that we continually remove some of the biomass in that area and allow it to regenerate and that will certainly be put in your plan for consideration as we move through the years. VANDERBILT LAGOON 256 Clam Bay Sub - committee March 20, 2003 1011'1 Mr. Roellig stated, "I was wondering what was happening with regard to the water quality study for the Vanderbilt Lagoon as this was one of the reasons that we got started with our Hydrodynamic Modeling, so I contacted the County staff'. Apparently, they are still working on an Executive Summary to bring that Study request to the Board of County Commissioners. Mr. Ray Smith has informed me that staff is still working on the Executive Summary and their goal is to get it on the Board of County Commissioners Agenda for April 8th. They will be proposing, what we did months ago, to the County Commission that they request a Vanderbilt Lagoon Study be done by the Army Corps of Engineers and that the County would act as the local sponsor for the study. This has been in the County Staff's hands for all of these months and there is really nothing new to report. BEACH RENOURISHMENT Mr. Roellig stated, "This is not on our agenda, but we do get into this issue ". As I mentioned in the past, the County has a goal of re- nourishing the Collier County beaches during the next Fiscal Year and it would appear like a difficult thing to be ready to go by November. This issue will come before the Coastal Advisory Committee and since this is funded by TDC Funds, there is some interest in a number of areas in the County to come up with some sort of cost sharing plan for beach renourishment, where it would not normally be funded due to access reasons. The area from the Lee County line south to Gordon Pass is basically one coastal engineering region. When the beaches were renourished in 1995/1996 the idea was to only renourish areas that met the criteria of having adequate public access, which was criteria self imposed by the County. Much of the City of Naples does not meet the access criteria and was not included in the 1995/1996 beach renourishment. There is some interest in trying to determine whether or not the County should look at some portioning where people who don't meet the strict access requirement might be offered some percentage contribution from TDC funds. At the last Coastal Advisory Committee Meeting, another Sub - committee was formed and I am one of the three people who are going to be looking at the possible cost sharing arrangements for future TDC Funding. Today I am not asking for advice, but after I attend the initial meeting, which is being held on March 31, 2003, 1 will prepare a Memorandum for the Pelican Bay Services 257 Clam Bay Sub - committee March 20, 2003 1 Division Board soliciting ideas or concerns for however we would want to get involved in this cost sharing. I will be the representative for the Unincorporated Area of Collier County, which covers a large area, but naturally I am interested in finding out what our neighbors feel about that possibility. Mr. Roellig continued, "There is some good justification because everybody who leases a condominium in Pelican Bay for less than six months pays the Tourist Development Tax ". We are paying the tax, but whether or not we get some of the benefits back is another issue. I want to get the reading of the people and see what happens at the Sub - committee Meeting and see where we go from there. I know we have had strong feelings and advice in the past to not accept TDC Funding, but in my view we should look at this in the light of other areas having similar access situations. If it is good for Barefoot Beach or the City of Naples, maybe it is good for us too. Mr. Domenie asked, 'When they say renourishment, do they set the standard that they want an average beach width of 100' or how do they decide on the amount of renourishment that will take place "? Mr. Roellig replied, "That study is underway right now and is being funded by TDC ". What we are looking at is that there appears to be large quantities of suitable beach sand a significant distance off shore and using different equipment they, do not anticipate running into the rock problem again. We have been looking at the costs being approximately half of what it costs to bring sand in by truck. The engineering is being done right now for the entire County and within a few months they will come up with a County -wide Plan for what the coastal engineers would recommend for our shoreline. There is a TDC Grant Application for this beach renourishment in the vicinity of $10,000,000, plus whatever Pelican Bay would want to contribute. We are looking at a major renourishment of at least 1,000,000 yards of sand along the shoreline of the City of Naples and Vanderbilt Beach to the north of us. I mention this as something that is coming down the pike and will try to keep you apprized as it moves forward. Mr. Domenie asked, "Does the coastal engineering firm decide that here the beach will be 100' and over there it will be 80' wide? 258 Clam Bay Sub - committee March 20, 2003 1011'3 Mr. Roellig replied, "The engineers will come up with a preliminary design ". A number of beach areas have an offshore hard bottom in front of them and you can't let your beach renourishment sand get into that hard bottom or you will have mitigation problems. In the areas where there is an offshore hard bottom they keep the beach narrower and a little steeper. With an offshore source of sand the impact on the roads will be essentially "zero ". I don't think we had a problem in our beach renourishment with the trucking, but in the City of Naples they ran into people who were tired of only having a couple of access points with the trucks coming in to the beach. Mr. Domenie stated, "There is a lot of talk in Naples Park about the open drainage ditches and wanting to install pipes ". Would that stormwater all pour into the Vanderbilt Lagoon? Mr. Roellig replied, "I would say so". That is a major problem that you don't hear much talk about, but it is a major problem in the City of Naples. We don't catch much stormwater here; we just dump it in Vanderbilt Lagoon, Venetian Bay or Naples Bay. In fact, some stormwater is dumped right across the beach into the Gulf of Mexico. The Beach Renourishment Committee has engineers looking at a better way to treat that in the City of Naples. It doesn't help to put a beach in front of a condominium and then have a storm come and flush the sand away because of the drainage across the beach. A treatment plant is typical for stormwater these days, but to install a treatment plant you are talking tens of millions of dollars. Mr. Werner asked, "Is the road widening of Goodlette Road, from Pine Ridge Road to Vanderbilt Beach Road, going to impact on our stormwater"? Mr. Ward replied, "There is about 300 acres in Pine Ridge, but that is not going to impact us ". The area that drains is west of that. Mr. Domenie Stated, "They are putting in two retention ponds ". One pond will be located at the corner of Pine Ridge Road and the other at Vanderbilt Beach Road. Mr. Ward stated, "The piece that drains into our system is pretty well developed and there is just no more capacity in Pine Ridge to add to that ". AUDIENCE COMMENTS 259 Clam Bay Sub - committee March 20, 2003 1611'°9 Mr. Chuck Walton — Claridge — Mangrove Action Group — "In thinking about the north end, I was very distressed when I heard Mr. Lukasz say they were spraying here every month ". It is finally starting to look pleasantly green and attractive where the plants have come back, including the cattails and the thought that they are going to do it again and turn it into this brown devastation for another two or three weeks until the green comes back again is sad ". I wonder if you have thought about reconsidering the plan and possibly thinking of a new design for that area. The idea that saltwater is going to come in some time is a wishful dream of Mr. Turrell's. The saltwater was supposed to kill the cattail problem and it didn't because there is very little saltwater that ever gets up into that northern end and I am not sure it ever gets close to the very north end. Any idea that saltwater is going to come in there and kill all of the cattails appears to me to be just a pipe dream. I wonder if there has ever been any thought of redesigning that area and stopping the killing of the cattails? The cattails grow so beautifully and the spraying is not really getting rid of them, it just keeps them suppressed until you stop spraying. Mr. Domenie asked, 'What area are you spraying "? Mr. Lukas replied, "From the north tram station down to the Montenaro ". Mr. Domenie asked, "Are you spraying in between where we have planted "? Mr. Lukasz replied, "In between where we planted and mainly cattail re- growth ". This is being done on a monthly basis to keep the cattails under control and see what success we have with the plants we have installed. On the backside the grasses are doing fairly well and the aquatic plants in the lower area closer to the berm are the ones that did not come in as well, although we are getting some growth now. Mr. Roellig stated, "it is a troubling problem and we have kind of elected to try to do everything we can along that two acre stretch ". Mr. Werner asked, 'When was that planted "? Mr. Lukasz replied, "Approximately six months ago ". Mr. Roellig stated, "Our general thought is that the spraying is not going to last forever, but generally we prefer to continue for some period of months yet ". 260 Clam Bay Sub - committee March 20, 2003 1611 ''1 Mr. Domenie asked, "If we don't spray cattails will they start to take over in clumps and would they grow in the rear where the land is higher"? Mr. Lukasz relied, "I believe we will get some re- growth of the cattails on that back area as well ". Once the cattails grow from a higher elevation you are not going to see the grasses that are filling in because the cattails are going to be higher. Mr. Domenie asked, "What are the bushes that we see growing "? Mr. Lukasz replied, "Most of those are Buttonwoods ". Mr. Werner stated, "I think it is too soon to declare a victory on those cattails and we should give them another six months ". Mr. Ward stated, "Possibly another year, plus ". Mrs. Potter stated, "This continual spraying has to put chemicals in among the mangroves ". What are we spraying with? Mr. Lukasz replied, "Rodeo ". Rodeo is a systemic herbicide that gets applied to the foliage and gets down into the plant. The chemical has to go in through the foliage. Mrs. Potter asked, 'Wouldn't that have the same affect on new mangrove shoots "? Mr. Lukasz replied, "If you spray it on the foliage it will translocate through the plant ". Mrs. Potter asked, 'Would it be transferred by water'? Mr. Lukasz replied, "No, it has to be sprayed directly on the leaf itself'. ADJOURN There being no further business the meeting adjourned at 10:55 A.M. David Roellig, Chairman 261 Pelican Bay Services Division Clam Bay Program Fiscal Year 2004 1611 April 16, 2003 _ 1611'1 T--q N M d' V-� \O C-- 00 Q\ 0 O O � � � c� U ,. j = o s:1 � O 4—J � . ,.., U U U O O O aaa� o o o ° ct 0 0 0 0 dal o•o�� � o� o _. UUUa VU�rG4U rk ` Ul CL os ° oA� U -d m cis U A� ;U. c0 . 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O U F — O " C X c N � w U o 2 1611' ., O O N M O O N 0 0 0 O ti T 6A 0 N �O M WA IN o C LL (D (�N d L C O O N U c a) 'r O =U LL 1611 ", MEMORANDUM Date: April 14, 2003 To: Pelican Bay Advisory Board From: James P. Ward Re: Conservancy Funding Request Attached is a request submitted by Kathy Worley from the Conservancy for the funding necessary to continue the monitoring that the Conservancy has been performing in Clam Bay System. Also attached is a memorandum from Turrell and Associates with their recommendation on the benefits of these monitoring activities. If the Advisory Board decides to proceed with this additional monitoring, the funding of these services would have to follow the Collier County Purchasing Policies. This would require selecting a consultant through the Request For Professional Services (RFP) process or utilize the existing Clam Bay Consultant Services RFP which is awarded to Turrell and Associates. F r`c„v"s To: >*� iN TO: Kyle Lukasz, PBSD FROM: Tim Hall DATE: April 11, 2003 1611" TURRELL &ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING MEMORANDUM RE: Kathy Worley Proposal for Funding of Monitoring Plots TTT #9845 Kyle, I reviewed the project description that you sent over and have the following comments. I agree to a certain extent with Kathy's description of the monitoring done by her and by us but there are a couple of clarifications that I want to make. We, meaning Turrell and Associates, do both plots and transects in our monitoring of the system. The Conservancy did a much more detailed analysis of the survivability of every tree and seedling within her plots while our analysis looks at the survivability of every tree in our plots but only considers trends with respect to the seedlings. We do not track every seedling that starts in our plots. Since our plots do not overlap, the inclusion of her data into the annual report on the status of the system would generate more site - specific data and would mean that more of the system is physically being surveyed but it would not help to meet any of the permit requirements. All of the information needed to satisfy the permit conditions is currently funded and being undertaken by Robin Lewis, HMA, Wilson Miller, and us. All of this information is then presented in the Annual Report. The additional plots are not required to stay in compliance with the permits. The data collected by Kathy is more detailed and would be more appropriate for graduate research or publishing in scientific j ournals. I am assuming that if the PBSD funds the research then they would own the data collected but this would need to be clarified. The description states that the Conservancy has been performing the project for free but to my knowledge, none of the data collected has been volunteered (though it was requested) for inclusion into the Annual Report. I would like to insist that this change and any data collected would be provided for inclusion if the PBSD decides to fund this additional work. Give me a call if you have any other questions. Tim Hall PROJECT TITLE: Mangrove Restoration Monitoring Project 16 11 1 BACKGROUND: In 1999, Collier County instigated a ten -year restoration project that consisted primarily of improving tidal flow by dredging the main arteries and channelization within the mangrove die-off areas. At this time, The Conservancy of Southwest Florida, in a gesture of goodwill, committed its staff time and resources to a long -term mangrove monitoring study of the Clam Bay Ecosystem to assess recovery and growth. Twelve mangrove plots were established throughout the entire system and monitored semiannually in areas that had died off, were stressed and were relatively in good health. METHODS: Twelve circular (6 in radius) plots were monitored semiannually by measuring DBH (Trees), Canopy Cover, Recruitment (Seedlings) and Status (Alive, Stressed or Dead). Distance and bearing of each mangrove (trees and seedlings) is measured in relation to the center of the plot. All trees and seedlings were individually tagged, measured and physical locations were documented relative to the center point. OUTPUTS and TRACKING MEASURES: Data is depicted by graphical visualizations of tree growth and seedling establishment by plot overtime (Figures 1 -12). Data collected indicated whether or not any mangrove recovery had begun in the die -off and stressed areas and whether or not areas that were relatively healthy (alive) in the spring of 1999 were beginning to show signs of deterioration. DIFFERENCES BETWEEN THE CONSERVANCY'S MONITORING PROJECT AND TURREL'S: Turrel is using a transect method rather than a circular plot method to evaluate mangrove recovery. While both methods are acceptable for monitoring forests, the plot method, used by the Conservancy, allows for a more in depth profile of the area under evaluation. The Conservancy's method allows for tracking of each individual tree and seedling overtime and includes cover estimates (which affect seedling recruitment), while the transect method only yields provides numbers since individual seedlings are not tagged. Since the Conservancy's monitoring plots and Turrel's transects do not overlap, this allows us to cover more acreage within Clam Bay mangrove system. Continuation of both plot (Conservancy) and transect ( Turrel) methodologies provides a mechanism to spot any problems within the Clam Bay system early. Alternatively, what Turrel doesn't spot, the Conservancy might and vice versa. Since, Clam Bay is a relatively large system, combining the efforts of both organizations provides a more accurate overall picture of the health of the system. PROBLEM: The Conservancy has been performing this project for free, but due to budgetary constraints this project has been cut. With funding, The Conservancy of Southwest Florida could continue to assess the success rate of the County's restoration plan by annually examining the overall health of the Clam Bay mangrove ecosystem. 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H 0 ao 40 E E a� a z z C» � dCC yM o bQ v, eq 4) 4n qtr Q� �„ a +.' � �.► � N • • • • • loll 'j Q w 40 Q W V M N O O a a a° a m 3 O dl � � O ,l, 0 au •� "o °o � 0 0 H 0 ao 40 E E a� a z z C» � dCC yM Q w 40 Q W V M N O O a a a° a O N O O •� O C' N CD LL. o N O O O •a O N N _ O �O LL O N °m o c O �o CL C, U) _ w 0 0 C O �� o a� U) a ,l, 0 au •� "o °o � ao 40 o a� C» � dCC yM O N O O •� O C' N CD LL. o N O O O •a O N N _ O �O LL O N °m o c O �o CL C, U) _ w 0 0 C O �� o a� U) 1011'`1 c�i't . DATE: TO: FROM: MEMORANDUM April 18, 2003 Board of County Commissioners Pat Lehnhard, Administrative Assistant, OMB SUBJECT: Productivity Committee Meeting Minutes Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of March 19, 2003. Please do not hesitate to contact me, or Winona Stone, should yqu have any questions regarding the above information or enclosures. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Collier County ` Office of Management and Budget - 3301 Tamiami Trail, East Naples, FL 34112 Voice: (239) 774 -8973 Fax: (239) 774 -8828 �1 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes March 19, 2003; 2:00 p.m. Members Present: Joseph Mumaw, James Gibson, James Horner, Albin Kozel, James Ray, Janet Vasey, and Dexter Groose Members Absent (Excused): Steve Price, Richard Schmidt and Joe Swaja BCC Liaison Present: Commissioner Donna Fiala Staff Present: Mike Smykowski, Office of Management & Budget (OMB) Director; Winona Stone, Assistant to the County Manager; and Pat Lehnhard, Administrative Assistant OMB. Also present was Bob Krasowski from Zero Waste Management. I. Introduction: There being a quorum present, Joe Mumaw called the meeting to order at 2:00 p.m. Joe advised he had planned on doing a new member orientation and briefing on the Sunshine Laws, but since all new members were not present, this would be postponed until the April 16 meeting. Al Kozel advised he understood the Sunshine Laws, but had some questions. -+ Joe asked Winona to arrange a meeting for Al with the County Attorney. A motion was made by Jim Horner to accept the February 19, 20031ininutes as presented; seconded by Jim Gibson, and unanimously approved. II. Old Business: A. Discussion of Letter to Commissioner Henning — Joe reviewed the letter sent to Commissioner Henning in answer to his request for the Productivity Committee to consider undertaking performance assessments of various departments under the Board's jurisdiction. A copy of Joe's letter on behalf of the Productivity Committee is made a part of these minutes. Joe has not yet received a response from the Board. Jim Gibson advised he was asked about this at last Tuesday's BCC meeting. Jim feels he may not have explained well why the Productivity Committee did not feel they could do this. Hopefully the letter will clarify this. Jim Gibson advised the presentation to the Board on the year's activities of the Productivity Committee was very straightforward. He was one of five doing a presentation. He recanted briefly some of the major undertakings of the Committee. Jim said he was very appreciative of Commissioner Fiala's comments and appreciation of the Productivity Committee's work. He was disappointed that no other members of the Board expressed their appreciation. Dexter Groose advised he doesn't feel it would be too big of a task to take on productivity assessment of departments in the County. The Department Directors could give the Productivity Committee a summary of how they measure productivity in their department. The Productivity Committee could review them and see if they agree and make suggestions for change, or not. Jim Gibson felt this came Page 1 of 4 I 11 4"1 under the internal productivity assessment team concept referred to as the first alternative role in the letter to Commissioner Henning. Janet Vasey suggested that the Productivity Committee take a look at some of these departments to determine if savings could be gained if some of the current functions were contracted out to non- governmental entities. It was suggested that a sub - committee be formed to take a look at this. Jim Gibson suggested naming this the Alternative Service Delivery Analysis. Joe Mumaw asked Janet if she would Chair this sub - committee, and she agreed. Jim Ray asked how we would communicate this to the County Manager. Jim Gibson suggested we send a letter to Commissioner Henning as this being a fourth alternative in order to make everyone aware that the Productivity Committee is looking at this. -+ Joe Mumaw will draft a letter to this effect and submit it to members for their review and comments before sending. Jim Ray said communication is number one in order to keep moral up. We don't want anyone to think we are trying to do away with his or her jobs. Janet will review the current FY03 budget document to determine the major spending areas that could be contracted. Landscape maintenance and vehicle maintenance were both mentioned. B. Discussion on Upcoming Impact Fee Reviews - Joe advised At the next meeting we are scheduled to receive an update on the Correctional Facilities and Law Enforcement Impact Fees. Joe would like Productivity Committee members to volunteer to review the updates before they are presented at the PC's meetings. Joe and Janet volunteered to review all updates. Jim Ray will review the Correctional Facilities /Law Enforcement fees and Government Buildings. Jim Gibson will review Educational Facilities and Government Buildings. Al Kozel will review Fire Protection. Dex Groose will review Emergency Medical Services and Library. -> Winona was asked to contact Ms. Patterson and request that members receive draft of reports prior to the presentations. Winona commented that the dates set for the impact fee updates may change from time to time, but she will request copies for the committee in advance. C. Discussion of Coun Manager's Overview February 19, 2003 -Jim Ray said he was looking forward to meeting with the County Manager and other heads of management to give them input and advice. Joe Mumaw said that is the committee's job, and we do that now. Jim Gibson advised the Productivity Committee gets things to look at in a few ways; by their own initiative, asked by the Board of County Commissioners to do something, and from the County Manager. The Productivity Committee then decides which job they feel is worthwhile for them to undertake. Dex felt as long as the Productivity Committee continued to have the option to choose the assignments they felt they could handle, he had no problem with this. D. Discussion on Budget Format Recommendations - Jim Gibson commented that he felt Jim Mudd did an excellent job in preparing the Budget Policy. It narrowly constrains the formulation process. -> Winona will forward a memo to the BCC and County Manager thanking them for discussing this policy with the Productivity Committee prior to placing it on the Board's agenda for Page 2 of 4 l approval, and advising that the PC is in agreement with the FY 04 Budget oli y, ut has`' questions regarding compensation assumptions. Janet Vasey raised a question on the compensation component of the Budget Policy. She asked Mike Smykowski how the 2.8% cost of living was arrived at. He explained he used the index used by the Miami /Ft. Lauderdale SMSA from December 2001 to December 2002. Janet asked what factors are included in this, i.e. housing, etc.? -+ Mike said he has a list and will get that information for the Committee. Questions were also raised on 1.5% for the merit program. Mike explained the 1.5% is based on pay and benefits for everyone. Jim Ray stated that industry does not give cost of living raises. Raises are based solely on merit. Members agreed that a total of 4.55% seemed high. Jim Horner raised the question on how many employees actually received merit pay? Mike said they received a portion according to their performance evaluation. Jim Horner asked if Mike knew the percentage of how many received merit increases. Mike advised that information would need to come from Human Resources. For FY04 the County Manager is recommending that Executive Level Management receive merit pay as a bonus, not to be added to their base pay. Jim Gibson suggested we have the Human Resources Director meet with the Productivity Committee to answer questions for us. At this time, we are looking for the Board to set implementation. Mike explained the 0.25% for pay plan maintenance was to conductian annual market survey regarding job classification to see how the County compares to market. The County tries to keep consistent with the market on an annual basis rather than conducting a survey every five years, and then get hit with big increases. Al Kozel asked what the Board pays for health insurance. Mike explained it was an 86/14 split, 86% Board and 14% employees. The employees' portion will continue to increase by 2% each year until it becomes 80% Board and 20% employees. E. Mike Smykowski, Budget Director, Update on Consolidation of Funds — Mike explained Summary of Budget by Fund, included in the Committee's agenda packet, shows all County funds in existence. Notes to the right of the columns are: H =Hard to implement; M= Medium; and E =Easy. The OMB Director outlined the funds that staff intends to collapse as part of this year's budget process. Emphasis was on reducing interfund transfers to simplify the budget. Jim Gibson felt Mike has done a fine job of consolidation, and suggests he just keep going ahead. F. Study of Water /Wastewater Impact Fee Recovery — There was a discussion on impact fees being collected compared to what will be used in the next ten years. The Chairman asked Janet Vasey if she would look into this further and come back to the Committee with a recommendation. G. Discussion on Proposed Golden Gate Parkway /Airport Road Flyover — Joe Mumaw stated that even after the presentation given by Norman Feder, Transportation Administrator, at the Committee's last meeting, he still is not comfortable recommending the flyover. To his knowledge there has not been a comprehensive traffic corridor study completed. Dex agrees that a study needs to be made from the I -75 Interchange to U.S. 41. Page 3 of 4 1511'1 Dex advised there was a presentation given to the Naples City Council by D. James MacArthur, an engineer who lives in Bears Paw, on the non - feasibility of the flyover. Dex was asked to see if Mr. MacArthur could make this presentation to the Committee at their next meeting. Janet suggested that we have Norman Feder also come to a meeting so precise questions could be answered. It was also suggested that a copy of the City of Naples study be obtained. Joe would like to draft a letter to Mr. Feder that a Comprehensive Traffic Corridor Study be done before the Committee commits to the overpass. A vote was taken — 5 agreed; 2 opposed. III. New Business: A. Dr. Jean Ross - Franklin Resignation — The Chairman advised he had received Jean's resignation. She and her husband had made the decision to move back to the Buffalo area, and their house sold within two days. A copy of her e -mail has been made a part of these minutes. B. Appoint Representative to Serve on Newly Created Collier County Revenue Commission — The BCC has created a Collier County Revenue Commission which is an ad -hoc committee established for 18 months, and has asked that a member of the Productivity Committee serve on this. A copy of the letter from the BCC outlining the duties of this commission is attached to these minutes. Janet Vasey volunteered to serve on the commission. C. Review of Significant Capital Projects — Due to the time, this item will be carried over to the next meeting. IV. Comments /Suggestions — Bob Krasowski invited the Committee to the upcoming Zero Waste Management workshop. Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, April 16, 2003, 2:00 p.m. in the County Manager's front conference room, 2 floor of the W. Harmon Turner Building (Building F, Administration Building). Meeting adjourned at 4:45 p.m. Page 4 of 4 H , 4id§ Cbyl(a -77 3 3 m UM �'� CDS Bul .1 �9' i "' o: . ..... . ---- v t-, 2003 At 7 "- 7, 1611' DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA April 2, 2003 3:30 p.m. I. Approval of Agenda- Minutes -March 5, Meeting II. Staff Announcements A. Development Services B. Transportation Division Update C. Public Utilities Division Update III. Old Business A. Rural Lands Stewardship Area - Susan Murray (LDC) V. Subcommittee Reports A. Land Development Regulation (Bob Duane) B. Construction Code (Dino Longo) C. Utility Code (Justin Martin) D. Operations and Budget VI. New Business VII. Committee Member Comments 1511') MINUTES 1611 TRANSCRIPT OF THE MEETING OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE NAPLES, FL March 5, 2003 LET IT BE REMEMBERED, that the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in regular session in Conference Room "E ", 2800 Horseshoe Drive, Naples FL, with the following members present: Members: Charles M. Abbott, Dalas D. Disney (arrived at 3:30PM), Robert L. Duane, Marco A. Espinar, Blair A. Foley, Brian E. Jones, Dino Longo (left at 5:20PM), Robert Mulhere, Justin Martin, Thomas Masters (left at 5:20PM), Herbert Savage, Thomas Peek, Peter Van Arsdale Collier County: Patrick White (left at 5:10PM), Ed Riley, Denny Baker, Ed Perico, Gary Mullee, Margaret Weurstle, Joe Schmitt, Tom Wides Public: Deborah Forester — Bonita Bay David Ellis - CBIA Len Berringer - SW Florida Conservancy 1611' THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Conference Room "E" 2800 Horseshoe Drive Naples, FL 34104 3:30 PM Minutes March 5, 2003 The meeting was called to order at 3:30 PM. A Quorum was established. I. Approval of Agenda and the minutes of February 5, 2003. -A discussion on the pre - application schedule, (length of time to schedule), was added under new business. (Item D under New Business). -Tom Wides will go first on the staff announcements; (Public Utilities Update). -Mr. Peek made a motion to approve the agenda with the listed additions. It was seconded by Mr. Foley. All were in favor; the motion passed unanimously. 12 -0. -Mr. Van Arsdale stated that he felt it was unnecessary to make negative comments toward Collier County staff as had been done at the previous meeting. He asked that derogatory comments be held. He stated if anyone had a problem with any staff, they could take their issues to the Director. -Mr. Peek made a motion to approve the minutes of February 5, 2003. It was seconded by Mr. Masters. All were in favor; the motion passed unanimously, 12 -0. II. Staff Announcements A) Public Utilities Update — Tom Wides -Mr. Wides, Operations Director for Public Utilities, stated that Public Utilities, water & wastewater impact fees were approved by the board. They will take effect on April 1, 2003. He added that the second tier of the transportation impact fees will take effect on October 1, 2003 when the user rates go into effect. In terms of operations, water and wastewater are doing fine. The crunch could be in the first week of April. He explained that water usage is up this year, but they are not getting the "spikes" that they had last year. Although it is starting to dry up, he does not anticipate the same kind of problems as in the previous year. The contract with the North Naples Plant is not resolved, but they are moving in the right direction in the next few days. B) Development Services Update — was discussed later in the meeting. C) Transportation Division Update -Mr. Van Arsdale stated that he spoke to Mr. Scott earlier that day about giving a presentation on March 21, 2003. Mr. Scott will speak about transportations involvement and the STP approvals at that meeting. -Mr. Savage noted that Livingston Road was very impressive. III. Old Business -There was no old business to discuss. IV. Sub - Committee Reports A) Land Development Regulation — Robert Duane -Mr. Duane stated that they have accepted most of the amendments and will provide a more detailed report on March 19, 2003. -Mr. Mulhere added that there were only a few amendments that required additional work or were voted down. He added that there are some important amendments and recommendations, therefore he suggested that a written report be sent to the BCC on their comments. He also urged committee members to attend the meeting if possible. Mr. Longo agreed with this and stated that he believed it was staff's responsibility to accurately and fully portray their comments and recommendations. The LDC meeting is on March 19, 2003 at 2PM, Conference Room "E ". Mr. Van Arsdale agreed that staff should do most of the legwork and stated that they should express this to staff when Mr. Schmitt arrives. B) Utility Code — Justin Martin -Mr. Martin stated that he did not attend the February 18, 2003 meeting and the minutes have not been distributed yet. He did speak with the public utilities staff in the interim and they requested to incorporate some further changes to the utilities ordinance and the technical standards manual before bringing them to DSAC. DSAC should have these changes by next week. C)- Construction Code — Dino Longo -Mr. Longo stated that this sub - committee has not met since December 2002 and may not be needed any more. He asked that they rename the ad -hoc committee so that they can 1611"11 concentrate on the fees aspect more so than the construction code. He explained that in the previous year they spent most of their time discussing fees. -Mr. Savage did not want to see the construction code deleted. -The committee decided to rename the sub - committee "operations and Budget' and eliminated the Ad -hoc committee. -Mr. Peek made a motion to rename the sub - committee "Operations and Budget'. It was seconded by Mr. Foley. All were in favor; the motion passed unanimously. V. New Business VI. Committee Member Comments A) Sub - committee Appointments -Mr. Longo passed out a current copy of the list of members in each committee. He read the list to the committee. The list identified the chairman, vice chairman, and staff contacts as well. Corrections were made to the list. -Mr. Martin stated that the utility committee was unique since there are a lot of members that are non -DSAC members. He stated that he would like more DSAC member participation and asked if the non -DSAC members should be voting members. -Mr. Savage was impressed with the fact that this committee used all facets of the community and felt that they should be able to vote. The DSAC committee had previously, (in the past few years), decided that non -DSAC members would be voting members. Mr. Longo felt that if non -DSAC members disagreed with the DSAC members on a vote, then it should be noted to the full DSAC committee. -Tom Peek took on the responsibility of updating and making corrections to the list of members in each committee. B) Subdivision and Site Development Plan Approval Process (letter) -Mr. Masters stated that this letter took two months to get a response, which proved his point. He added that the only project brought up, was not an issue until halfway through the 2'h month period. They did get their meeting. -Mr. Mulhere stated that he is involved with a committee, The Promised Land Section of the Florida Chapter of the American Planning Association, that had a member suggest that they initiate a workshop to review the development plan process and result in recommendations to enhance the process. CBIA, EDC, FEPA, and Chambers also had the same idea in mind, so they are now going to work as a group in order to set up a meeting. The meeting is on March 21, 2003. The meeting is open for anyone to attend. 1611'9 -Mr. Disney stated that he was glad this letter got out and he felt that it was timely. He stated he was late to the meeting because staff is unable to track a problem down. He is frustrated with the system and feels that it is a broken and inexcusable system. Mr. Van Arsdale agreed that the problem is out of control and invited Mr. Disney to go to the meeting. Mr. Longo noted that comments at the meeting should be very specific. Mr. Mulhere explained that the point of the meeting is to put everything on the table, establish how the following meeting would go, and do so in an expedited fashion. -Mr. Van Arsdale stated that one of the topics should be how to deal with the inefficiencies in the process. -Mr. Mulhere stated that the problem is that the focus of the meeting may be too large. He explained that the main focus at this point is to initially look at the Development Review process. Then, from time to time, they would review smaller issues as they come up. Q The length of time for a pre - application meeting - Robert Duane -Mr. Duane stated that he has had problems scheduling pre - application meetings in an appropriate time frame. He has waited a month for a pre -app meeting in the past. - Margaret Wuerstle stated that they are currently backed up and they are trying to round everyone up to see if they can commit to an extra day. -Mr. Mulhere added that he attended a pre -app meeting that morning and he applauded staff for being very productive and putting a lot in writing. He felt that they addressed a lot of issues and he was understanding of the backup since the meeting took 1 -' /z hours and had nine staff members present. -Mr. Duane stated he was glad they were attempting to have an extra day, but asked if they could work towards a performance standard for what length of time it will take to schedule. Margaret Wuerstle stated that she would work on this and she would come back to the committee with this information at the next meeting. -Mr. Jones suggested that they streamline some of the pre -app meetings for simpler projects, by allowing the planner to waive the meeting. -Mr. Masters suggested scheduling the pre -app meetings in a like fashion to the board meetings. He explained that they could schedule a number of pre -apps and take them as they are ready. Mr. Van Arsdale stated that these are good points for the meeting on March 21, 2003. He also felt that it would be a good idea to look at other areas and how they do things. l � 1 A �I D) Development Services Update and Update on Fee Changes -Mr. Schmitt stated that he directed staff to raise the fees as appropriate to stem the current fiscal crisis. He is proposing to the board to raise fees and the construction evaluation tables. He provided the committee with a handout that reviewed all the fee changes. The reason for the change in fees, since the last meeting, is the current fiscal crisis. -Mr. Mulhere stated that overall he does not have a problem with the proposed fees, but he feels it would be helpful if they look at the revenue trends, five -year track records, and find the average number of petitions with a total for the following. He feels that this projection may help to justify the fee increases. He was concerned about the environmental impact statement increase. Mr. Baker replied that they did projections in a "modeling way" for year -end projections. Mr. Mulhere suggested using more than 1 year for the projections. Mr. Schmitt stated that he will discuss the environmental impact statement fees with Barbara Burgeson and report back to Mr. Mulhere on his concerns. -Mr. Disney felt that it is redundant to charge a fee for dwelling unit and residential building structure. He also felt that there should not be such a large difference in fees for temporary use permits for sales and political signs. He recommended that they all be treated the same in regards to fees. Mr. Disney also asked that the exhibit for the fee schedules become part of the packet so that they can fully review it. He added that staff should keep in mind that the number of permits is going down, the revenue is going down, and inspections are going up. He believed that the inspections will "eat" a good deal of the $10 -12 million contingency. Mr. Schmitt stated that this was correct and his point as well. He will make this point to the BCC on Tuesday. -Mr. Longo stated that he believes there will be a lawsuit because building and permit fees have been used in the past. He suggested that the county attorney review the ordinance that states what these fees can be used for. Mr. Mulhere agreed and suggested that they try to quantify the amount of time that is spent on each petition. He felt that if this was done the county would be more efficient. Mr. Schmitt replied that this is what he is striving for. Mr. Baker added that they are fighting battles to protect the 113 funds. -Mr. Savage stated that money allocated for a certain function should not be called "reserves ", but "committed ". Mr. Schmitt stated that he agreed this needs to be changed. Mr. Longo agreed. Mr. Mullee stated that FL statutes dictate what you can carry forward each year in a reserve. He explained that the reserves they are speaking of are cash -carry forward. Mr. Longo asked if the staff to look at a "accounting procedure" to get away l� y �I1 r from calling it reserves. Mr. Van Arsdale asked if they could deal with this point on the sub - committee level. Mr. Schmitt stated they would do so. -Mr. Savage stated that each member of DSAC has an acquaintance on the BCC, he suggested that each member of DSAC speak directly to the BCC about 113 funding outside development matters. -Mr. Mulhere made a motion that they support the fee increases with the understanding that as they move further into the budgeting process there will be a further analysis on time study and the "true" costs associated with these revenue sources. It was seconded by Mr. Savage. Mr. Mulhere added that he would include Mr. Disney's suggestion about matching the sign fees. -Mr. Schmitt stated that he proposes this be effective on April 151, 2003. Mr. Longo requested that public notice be given on the fee increases. The committee discussed 30 versus 90 -day notice before the fee increases go into effect. Mr. Disney stated that he believed there should be at least 90 days notice before the fees go into effect. -The motion was recalled. Mr. Mulhere added that the effective date should be April 15, 2003. Mr. Savage seconded the addition to the motion and the sign increase added earlier. The motion passed, 8 for -5 against. -Those who were opposed to the motion agreed that it was because they were against the timeframe for the effective date. They believed 90 -day notice was needed. -Mr. Schmitt stated that he could make the effective date April 15, 2003 and would try to make it May 1, 2003 if possible. VII. Committee Member Comments -David Ellis stated that there is a meeting with the FL DER He invited to hear any comments and invited the members to attend the meeting. -Mr. Savage stated that he wanted to note, he has heard many rumors that people are leaving the county because the impact fees are too high. VIII. Adjournment — There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:23PM. 1611' COLLIER COUNTY COMMITTEE ETC. ETC. Chairman (Peter Van Arsdale) 1611' ,o�bJ�om��e,-d� a 10 rts w mmis 1611' DEVELOPMENT SERVICES ADVISORY COMMITTEE SUB - COMMITTEE ASSIGNMENTS FOR 2003 Sub - Committee: LAND DEVELOPMENT REGULATION Meeting Time: Third Thursday of each month at 3:30 p.m. Members: Bob Duane - Chairman Marco Espinar Tom Masters Tom Peek Herb Savage Bryan Milk Bob Mulhere Justin Martin Staff Contacts: Margaret Wuerstle Susan Murray -LDC Cycle Sub - Committee OPERATIONS AND BUDGET Meeting Time: Second Wednesday of each month at 3:00 p.m. Members: Dino Longo - Chairman Charlie Abbott Dalas Disney Peter Van Arsdale Staff Contact: Staff Support: Denny Baker Ed Perico Clyde Ammons Jerry Ballard Jim Turner Tom Kuck Susan Murray Sub - Committee: UTILITY CODE Meeting Time: Fourth Thursday of the month at 3:00 p.m. Members Justin Martin - Chairman Brian Jones Herb Savage Staff Contact: Tom Kuck Support Staff: Staff as needed from Engineering Review Section, Building Review and Permitting Department, Division of Public Works, and the Fire Code Official Y UTILITY CODE SUB - COMMITTEE I 0 11 • MEETING MINUTES Attending: Wes Hill, CDES David Farmer, Keystone Steve Nagy, Wastewater Jim Gammel, Wastewater Pam Libby, Water Kevin Jensen, Jensen Jamey Anderson, RWA Justin Martin, WilsonMiller Chris Mitchell, Waldrop Joseph Cheatham, Wastewater Harry Huber, PUED Paul Mattausch, Water The Sub - Committee met at 3:00 P.M. on March 18, 2003 in Conference Room "E" at the Development Services Building on Horseshoe Drive. Highlights of the meeting include: 1. Justin Martin went thru Collier County Utilities Standard and Procedure Ordinance with committee to discuss and make final changes to the Ordinance before submitting it to DSAC for approval. It will also need Board approval. 2. Discussed Technical Standards Manual and made final changes before submitting it to DSAC for approval. Does not need board approval. 3. Wes Hill made a motion to take a vote on the changes made to the Collier County Utilities Standard and Procedure Ordinance and Technical Standards Manual since there will be no sub - committee meeting before the next DSAC meeting which is scheduled for the 1 St Wednesday in April. All were in favor to take changes to DSAC. 4. Joe Cheatham discusses the Industrial Pre - Treatment Ordinance and the grease trap program. All restaurants will need to put in grease trap. There will be a $14.00 monthly service charge to restaurants. Restaurants who do not meet standards will pay a fine. This was discussed only for comments of the committee. 5. Wes Hill memo on Density Test was discussed. Kevin Jensen's concern was there was not enough time to get results into the Engineering Services Dept. Time frame was 1 week. Committee agreed to discuss this at the next meeting. New Business 1. Detail of Wet Wells. Justin Martin will e-mail committee members. 2. Paul Kwa — Stipulations of changes to the Collier County Utilities Standard Procedure for the second cycle. Meeting was adjourned. w 110 1 Fr II mom a� J. rm� 1 0 11 Won MEN- MONO mile MOWN MONO 1�, e. 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'Mill Bill A' !C1 z!!4 IUAW", A I ®1 811-1 Fug Jz� Bill gill gill wig&= Q12MMU04 X801 sad: gill — -a co C.) 0 Fu W 6 co co co m (D E E m :3 FL FL N an 2 2 0 0 0 0 C\1 C\j c1d C14 M 0 0 CIIJ C\j 0 0 C\j m C*4 0 0 IN 0 0 04 ■ O C\j I 0 0 C) C\j r-1 -A �i Fiala Halas Henning _-- - Coyle Coletta I. Roll Call ENVIRONMENTAL ADVISORY COUNCIL AGENDA April 2, 2003 9:00 A.M. 1611"] RECEIVED MAR 1 4 200 .y Commission Boardroom %4did �° '.:iitJY�c,`,'' ',• +JIB ?�dt$51(�fiCi'; W. Harmon Turner Building (Building "F ") — Third Floor II. Approval of Agenda III. Approval of March 5, 2003 Meeting Minutes IV. Land Use Petitions V. Old Business A. Land Development Code Amendments 1. 2.2.27 Rural Lands Stewardship Area, RLSA Overlay 2. 2.6.22 Supplemental District — Manatee 3. 3.5.7 Excavation (Littoral Standards) 4. 3.9.5.5.6 Preserves 5. 3.14 Vehicle on the Beach Regulations 6. 6.3 Definitions— Density VI. New Business VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5.00 p.m. on March 28, 2003 if You cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732- 2505). General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Date:4�l-v-y+ C It(-", eiI# ) (T I c"- 1611�� TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COMMITTEE NAPLES, FL March 5, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:OOAM in regular session in the County Commissioners Boardroom, Building "F ", 3301 Tamiami Trail, Naples FL, with the following members present: Members: Thomas Sansbury Michael G. Coe Ken Humiston Alfred Gal Alexandra Santoro Ed Carlson John Dowd (arrived at 9:05am) Erica Lynne and Michael Sorrell had excused absences. Collier County: Bill Lorenz, Barb Burgeson, Stan Chrzanowski, Laura Roys, Fred Rieschell, Doug Suitor, Ron Hovell, Maura Krauss, July Ardames Minor, and Patrick White (arrived at 9:07 am) lbll'j THE ENVIRONMENTAL ADVISORY COMMITTEE Building "F", 3`d Floor County Commission Boardroom 3301 Tamiami Trail Naples, FL 34104 9:OOAM Minutes March 5, 2003 Chairman Thomas Sansbury called the meeting to order at 9:OOam. I. Attendance: Thomas Sansbury, Michael G. Coe, Ken Humiston, Alfred Gal, Alexandra Santoro, Ed Carlson, John Dowd (arrived at 9:05am) -Erica Lynne and Michael V. Sorrel had excused absences. -A Quorum was established. Collier County: Bill Lorenz, Barb Burgeson, Stan Chrzanowski, Laura Roys, Fred Rieschell, Doug Suitor, Ron Hovell, Maura Krauss, July Ardames Minor, Patrick White (arrived at 9:07am) 11. Approval of Agenda: - Barbara Burgeson stated she had a few items to discuss under new business. III. Approval of Minutes for December 4,2002: - Alexandra Santoro noted that on Page 10 it should read that Mr. Carlson was also volunteered to be on the EAC sub - committee. Mr. Carlson stated that he agreed and accepted the position. -Mr. Coe moved to approve the minutes of February 5, 2003 with the noted addition. It was seconded by Alexandra Santoro. The motion passed unanimously, 6- 0.(Mr. Dowd was not present at the time) IV. Land Use Petitions 6. - Barbara Burgeson stated the BCC and the CCPC have readopted an ordi Jan e where the petitioner does the presentation and staff is available for question. She explained that they were going to put this in effect at this meeting. A) Planned Unit Development Amendment No. PUDA- 2002 -AR -2240 Development of Regional Impact No. DRI -86 -1 "Twelve Lakes PUD/DRI Section 4, Township 50 South, Range 26 East -Mr. Coe swore in all those who would be testifying. -There were no ex parte disclosures. -Don Pickwarth, attorney for Centex Homes, stated that Wilson Miller is the consultant on the project. He provided the committee with an overview of the project. He explained that the petition is to amend the original PUD from 1987. The petition proposed to decrease the number of 1300 units to 1,000 units. He added that the preserve goes from —48 acres to 91 acres in the new PUD, the development standards have been brought on -line with current code, there is a main road through the project which will be a public road thorough -fare to assist with the traffic issues, and the moratorium in the area has been lifted. He added that they agree with the staff recommendations listed in the staff report. -Mr. Sansbury stated that Mr. Murray and Mr. Durham are consultants to his employer, but he does not believe this will affect his judgement on this petition and the denial or approval of this petition in no way effects his employer. He stated he would vote and participate in discussion on this matter as long as no one had any objections. There were no objections made. -Tim Durham, Wilson Miller and Chief Environmental Consultant of this project, stated that they have rearranged the preserve so that it almost doubles in size. The wetlands on site are a blend of Cypress, Pine, and Malucca. Mr. Durham used a map to show the different areas of the site. He explained that the preserve area would be a continuation of the neighboring preserves on an adjacent project rather than two smaller preserve sites between the two projects. A listed species survey was done on the site. The RCW's have moved off site in the last five years and he doesn't anticipate their return, but the preserves would be accommodating if the RCW's did return. He added that mitigation was made for impacts; this will include removal of the exotics on site, the stabilization of the hydro - period, the recruitment of natural vegetation back into the site, and the perpetual management of those lands. Fox Squirrels have been identified in the area and the preserve area will be able to accommodate them. -Mr. Coe asked if the mitigation for destruction of wetlands was required. Mr. Durham stated that it was, but they were also enhancing the preserve and 16 acres of the wetland mitigation bank. -Mr. Coe asked about the flow across Davis Blvd. Mr. Durham stated that it was captured in the storm water management plan and the primary movement would go along Davis and then south. He explained that this is following with the overall plan for the area, which ties into the county program as requested. -Mr. Coe asked if this project would have the ability to be a 6 -lane highway. Mr. Perry, Wilson Miller, stated that there is sufficient right of way is existing and they have reserved additional land in case the state wants the land. - Alexandra Santoro asked if the Gopher Tortoises and rare plants on site would be protected in the preserve areas. Mr. Durham stated that they would be protected in the preserve areas. -There was no public comment. -Mr. Carlson moved to approve the petition. It was seconded by W.Coe. All were in favor; the motion passed unanimously, 7 -0. B) Conditional Use Petition No. CU- 2002 -AR -3142 "North Naples Regional Park" Section 30, Township 48 South, Range 26 East -Mr. Coe swore in all those who would be testifying. -There were no ex parte disclosures. - Dominic Amico, representing Collier County Parks and Recreation, stated that this is a conditional use application for the North Naples Regional Park. The project is located between I75 and the Future Livingston Road. The project covers -212 acres and is intended to be a regional park. The masterplans for the park were shown. There will be eight soccer fields, five softball fields, a pool complex, walking tracks, boardwalks, and other related regional park type facilities. He added that they agree with the staff stipulations listed in the staff report. -Tim Hall, Senior Biologist for Turrell and Associates, used a variety of maps to show the site. He explained that the vegetative communities and the existing and proposed land uses of neighboring sites had been taken into consideration. The site will cover 212 acres and there will be an impact to -50% of the -160 acre wetlands. The project will preserve the other half of the wetlands and some of the uplands located in the SW corner of the site. The RCW's are not currently on site and were last sighted in the 1990's. In the previous year a survey was done and no endangered species were noted. The reports were provided in the EIS. They received their water management permit in September 2002 and they are currently under review with the Corps of Engineers. -Mr. Carlson asked if mitigations had been made. Mr. Hall replied that in addition to the preservation, they will be purchasing 23 credits at an off -site mitigation bank. Mr. Carlson asked if they will encroach on the preserve area in the future or if it had been set aside in perpetuity. Mr. Hall stated that the conservation easement and the enhancement activities were in perpetuity. The conservation easement being filed with the county will be permanently in effect. -There was no public comment. -Laura Roys, Environmental Review, stated that the preservation requirements fall under the 15% category rather than the 25 %, since they fall under commercial, industrial, and other. Therefore they would be required to preserve 27.95. They are proposing to preserve 98.57 acres. -Mr. Humiston moved to approve the petition. It was seconded by Alexandra Santoro. All were in favor; the motion passed unanimously, 7 -0. C) Planned Unit Development No. PUDZ- 2003 -AR -3569 "North Naples Research and Technology Park" Section 10, Township 48 South, Range 25 East -Mr. Coe swore in all those who would be testifying. -There were no ex pane disclosures. - Robert Duane, Hole Montes and Associates, stated that the site was located in the northern reaches of Collier County and it borders the Lee County line. This is an existing golf course driving range. The site has access from 41. He used a variety of maps to show the location. The site is 19 acres, which is located in the urban mix use and residential area. This is the first park coming into to reach the new standards recently set in the comprehensive plan. EDC and Enterprise Florida are helping to support this project because of the high - wage jobs that it will bring into the area. They are in agreement with the staff recommendations except for the FPL drainage easement. He explained that they would be in agreement with it pursuant to the approval of FPL. He stated that he had no problem with the stipulation, but requested that it be modified to read: "pursuant to the approval of FPL ". He added that Sterling Oaks has some standing water on the back of their residential lots. The plans were reviewed and although they feel that the plans may not have been constructed in accordance with their water permit, they are willing to accept some of the water into the ditch if need be, pursuant to Sterling Oaks modifying their plans. -Mr. Vasaga, environmental consultant for the project, used an aerial photograph to show that the majority of the site had previously been cleared for use by the golf driving range. Scrub habitats and Pine foresting were located on site. He used a variety of maps to show the location and its demographics. They are proposing to impact the 2 isolated areas due to the low survivability probability. The area to the left of the power line will be isolated, where they are proposing a lake. For mitigation they are removing exotics, lowering the grade, replanting with wetland vegetation, and paying 2.9 acres at an off -site mitigation bank. There were 4 listed species found on site: 2 Gopher Tortoises. The portion of land where the Gopher Tortoise burrow and the tortoise are located will be preserved. They also found a scrub area with Blazing Stars and Prickly Cactus, which will also be preserved. -Mr. Carlson asked if the Tortoise preserve on southeast was confined and if the tortoises would be caged in. Barbara Burgeson stated that they will be required to submit a Gopher Tortoise relocation management plan and that staff will be requiring them to have a fence preventing the Gopher Tortoises from traveling out into the roadway. She added that although part of the area will be fenced, she was not entirely sure at the time if they would recommend the entire area be fenced. -Terry Cole, Hole Montes and Associates project manager for this site, added that the drainage of the site is from the East to the West into the existing ditch along the FPL easement. When FPL came in to create an access road they borrowed soil from both sides of the access -way, which created ditches on both sides. He pointed out the flow of water on the site and intentions for the future. Sterling Oaks residents have concerns about standing water on their rear lots. Mr. Cole understood that their water management plan required a perimeter burm with their water draining into the project and then discharging through a water control structure. If Sterling Oaks modifies their permit and needed to discharge some water through the proposed research property, they would be willing to work with them on it. -Fred Reischell, Planning Services, stated that comprehensive review has been completed. There were some changes, which the petitioner agreed to. This will be consistent with the sub - district and GMP. Since the site is adjacent to Bonita Springs, staff sent a packet to the city, but has not heard back. - Barbara Burgeson stated that staff recommends approval of the PUD with four stipulations from Stormwater management and the four multi- tiered stipulations from the environmental section, which will be completed prior to board approval. - Robert Duane noted that he met with representatives from Spanish Wells. Public Speakers A) J. Gary Ray, Sterling Oaks homeowner, stated that along with others from his neighborhood, they have been brought up to date with this project through the last several weeks. They have met with the owner of the research park. He has approached the manager of Sterling Oaks about the standing water. The manager stated that they should allow Holes, Montes, and Associates do what they need to do. He and his neighbors asked about enforcement; what to do if the proper actions where not taken by Sterling Oaks. -The EAC and staff discussed the standing water problem at Sterling Oaks. Staff explained that the burm around Sterling Oaks is supposed to hold the water, but in heavy rains it fails. Mr. Chrzanowski told Mr. Ray that he would provide him with his card and see if he could help in this situation, but advised that relief in this type of situation was not always possible. Mr. Chrzanowski further explained that he was unaware if Sterling Oaks was or was not in compliance and the burm is a typical setup for drainage. He added that they can check the grates when they go out. He explained that the county has no authority to change the state water permit authority and the residents would have to go to the water management district. -Mr. Gal disclosed that his law firm represented Sterling Oaks joint venture. -Mr. Sansbury stated that the assistance they could provide is to put Mr. Ray in touch with Mr. Chrzanowski, who could put Mr. Ray in touch with the correct individual at SWFL water management district to request their review of compliance and procedures needed to modify the permit and correct the problem. Mr. Chrzanowski agreed and asked Mr. Ray to come by the office to review the designs, then he will call the water management district to find a contact for Mr. Ray. - Alexandra Santoro asked if the developers of the research park were offering to help in this situation. Mr. Duane stated that they will volunteer to place a stipulation in their PUD document stating that they will accept their water 1611'1 "pursuant to a modification of their plans" if they are unable to find another way out. He asked that this stipulation be included in the EAC motion. Mr. Chrzanowski asked if Mr. Duane had asked water management about the possibility of volunteering this. Mr. Duane stated that he had not. -Barb Burgeson stated that they did added the language "pursuant to the approval of FPL" regarding the drainage easement stipulation. -July Ardames Minor, Stormwater management section of the county, stated that she met with a gentlemen from Sterling Oaks a year ago. She explained that Sterling Oaks never did their certification of completion required by South Florida. The district then sent a letter to the developer. She added that she does not know if they have done anything yet, but before it is turned over to the homeowner's Association, she urged them to make sure that the developer comply with the completion of the water management system; a certification of completion. -Mr. Coe moved to approve the petition as amended. It was seconded by Mr. Carlson. All were in favor; the motion passed unanimously, 7 -0. V. Old Business -There was no old business to discuss. VI. New Business LDC Amendments -Mr. Sansbury asked if they needed to swear people in. Mr. White stated that they did not. A) Manatee Protection Plan Amendments -Bill Lorenz explained that the intent was to incorporate the Manatee protection plan and all of its land development activities into the LDC and to clarify some of the language written in the management protection plan. He stated that the previous morning they received the review of the Development Services Sub- committee. He reviewed a letter from Clay Brooker, which proposed changes to the draft that staff had compiled. Mr. Brooker's letter suggests adding "commercial ", "with ten slips or more ", and "can legally obtain" to certain portions of the LDC amendment on Manatee Protection. The letter also suggested the removal of the narrative for the table in section 2.6.22.3.1 and breaking up the section 2.6.22.3.3 into three sub - sections for clarity. Mr. Lorenz explained that staff does not agree with using the word "commercial" because they feel this may be limiting. He will speak with Patrick White about this view. For the moment, they feel this limits the facilities that they can look at. Staff also does not recommend using the phrase with "10 slips or more ", because they again feel that this would be limiting and they need to regulate all facilities under the Manatee protection plan. Staff does agree with the phrase "can legally obtain ". Staff also agrees with the removal of the narrative (sections 1, 2, & 3)in section 2.6.22.3.1. Mr. Lorenz added that they are also okay with the suggestion for section 2.6.22.3.3, but they have some two concerns about the wording. One is an issue 1611'' about removing the wording: "the five -mile on travel distance ". Staff suggests that the distance of five miles remain in this section. The second issue is with the suggestion to remove the requirement for dredging permits prior to STP approval. Staff recommends that you cannot receive your CO till you prove that you have adequate depth. -Clay Brooker, with the law firm Young, Van Assenderp, Vamadoe & Anderson, P.A., stated that the purpose of the letter is to guarantee that the state approved plan gets placed into the LDC correctly. He was glad to hear that the discussions will continue. He explained that they believe the Manatee protection plan only applies to boating facilities with 10 slips or more. They believe that the removal of 10 slips or more would be inconsistent with the Manatee protection plan, which was already adopted by the BCC. They also believe that the water depth issue and the five mile distance is consistent with the MPP and the proposal goes against the MPP. He added that there may be a middle ground they could come to through future discussion. They also prefer and believe that the MPP does allow, by the language "can legally obtain permits ", to have an STP approval obtained with the condition that dredging permits be required prior to the actual CO being issued. He stated that they seem to be on "the same page" as staff on the last issue. -Todd Turrell, local ocean engineer, stated that he agrees with Mr. Brooker especially pertaining to the water depth issue. He agrees "completely" with the statement Mr. Brooker made that "the language proposed would simply render preferred ranking impossible to obtain ". He stated that he was on the committee that assisted county staff in drafting the MPP and his recollection of the 5 -mile radius was that it was completely related to Manatee mortality and that effect on the facility. He did not believe that it had anything to do with water depth. He felt that the water depth was to discourage people from building marinas in shallow water areas unless they could get dredging permits. He does not feel this is a "practical thing" or the original intent, therefore he requested that they take out any reference to water depth when it refers to 5 -mile radius. -Mr. Lorenz replied that the MPP intent defines multi -slip residential facilities include "condominiums, mobile home park facilities, and neighborhood park facilities where boat borring is concentrated in a common rather than individual docks located behind individual residents ". -Mr. Sansbury asked if they would have to change the MPP if they put 5 -10 slips in the LDC. Mr. Lorenz stated that he did not believe they would have to, because of the MPP definition of multi -slip facilities. He added that this is the interpretation staff has been using since the MPP was in existence. -Mr. Lorenz stated that in regards to the 5 -mile distance, staff has always interpreted it as they have written it in the proposed LDC amendment. He added that they believe this is how the state interprets it as well. -Mr. Carlson stated that it was difficult for him to not have been active in the process and know all the details to make a decision. Mr. Coe agreed and felt that through discussion the interested parties and staff would be able to work this out and come to a conclusion. The EAC decided that they would like staff to meet with the interested parties and come back to the EAC in the April meeting with 1611'] the determinations. Alexandra Santoro added that she agreed with the concept of not using the word "commercial ", the charting for preferred rating to look at the four -foot and the number of and impact on Manatees. She explained that she would hate to see some of the smaller creeks dredged, but she did agree with the concepts. A five minute recess was taken at 10:30AM. B) Encroachments and Easements -Stan Chrzanowski, Development Services Engineering Review, stated that five or six years ago people began doing minor encroachments into easements, mostly into lake maintenance easements. He explained that the problem is that the staff has been issuing a "letter of no objection ", which stated that they did not object as long as all the other easement holders did not object, but people began feeling that they had a "right" to encroach and the encroachments are beginning to be much larger than before. This amendment is to try and help get a handle on this situation. The final decision was that all encroachment decisions must go before the board. The amendment tried to avoid all of these decisions going before the board by providing "letter of no objection" procedure that was approved by the BCC. The attorney's feel that this can not be done and the solution is to either "go for a vacation or do nothing at all ". After the last few meetings they have decided that if one encroaches on an easement then they need to come in and have that portion of the easement vacated. If the board does not allow the encroachment, then they will have to remove whatever is encroaching the easement. He added that as for all the encroachments previously existing under letters of no objection, that he did not know what would happen to them. He explained that the amendment is not final wording and it may not proceed since they already have a "vacation procedure" in place. - Patrick White, Assistant County Attorney, stated that staff is correct with the problems that they have been seeing, especially the problems with permitting review. He had two concerns. One was real property interest and tracts that have been dedicated or conveyed to the county. He explained that the concern is that to approve these encroachments authority has to be received by the BCC. He added that the only way to remove the "cloud" is by a "vacation" or by the county releasing a portion of the easement in exchange for a relocation of the easement at its full width. The second concern is about setbacks. Mr. White explained that this seems to be a circumstance that only applies with respect to preserves. His review of provisions pertaining to this concept of setback, seem to speak more in terms of buffer. He believes that they may need to do more modifications to these parts of the texts to ensure that what they are speaking of is setbacks from preserves for structures, whether principal or accessory, and other activities that may be prevented or precluded in the buffer area. Mr. White felt that this provision will not lawfully clear the "cloud" from an easement. He believed that the only way to do so was to vacate the county interest or release the easement in exchange for a relocated easement. 1611 -Mr. Chrzanowski added that when he is talking about encroachments, he is generally talking about vertical building or structure encroachments. He does not consider sidewalks or fences are encroachments. He explained that another concept that they will be looking at is what exactly constitutes an encroachment. -Mr. White stated that there are procedures that exist, other than vacations or exchanges, for authorizing the construction or erection of certain types of structures. He used right -of -way permitting and fence permitting as examples. He explained that in the past certain types of structures have not been seen as encroachments on the "scope of the encroachment" and this is an acceptable idea. He felt they could simplify defining what these types of structures are. -Mr. Chrzanowski stated that they are currently telling people that they need to apply for a vacation of the easement. This subject may not be brought back to the EAC if the proposed amendment is done away with and replaced by the notion of everyone needing to go through a "vacation ". He felt this is probably what would happen. Q Literal Standards -Bill Lorenz, stated that this proposed amendment addresses new standards for their literal plantings. After a current analysis, staff determined that they are "missing the mark" on what it is that these plants need to survive. They also feel that the current planting elevation is too high. They attempted to provide better standards in order to ensure the survivability of these "literal zones ". He asked the EAC to consider the "Literal shelf planting area" and the policy issue that discusses the amount required to be planted. The current codes states that 2 % of the surface area, measured at control elevation, is required. The proposal is for 10% measured at the control elevation. He added that when the GMT was adopted, it required 2.5 %, therefore they have to have at least the 2.5 %. The Rural Fringe amendments adopted 30 %. Another substantial change is that they want to consolidate the areas as much as possible; one location as opposed to the current various locations. They believe this will achieve a higher environmental value and will require a simpler maintenance plan. Staff also recommends locational criteria, that the location be "up against the preserve location" and upstream of an outflow structure, rather than around a residential lot. A second criteria specified looks at shelf elevation. The current code is an 8 -1 slope. The proposed amendment states an 8 -1 slope or flatter; flatter will provide more credits. A critical element in the proposed plan says that the designer must take into account the hydro -period of the system and the maximum depth that will occur at the planting location. This is to ensure that the proper plants are selected for the locations. They will also require signs that specify the areas not be sprayed. The DSAC sub - committee recommended additional criteria for the signs and they indicated a desire for opportunities that larger systems would not have to be located in one area. The proposed amendment has changes to how they evaluate the success of the shelf; whatever naturally recruits on the shelf as long as it is not exotic vegetation. The DSAC sub - committee also recommended that it should not be nuisance vegetation either. Mr. Lorenz stated that they will be added this language. They have eliminated the requirement to have compensating literal zones if you have bulk heads of more than 40% of the stormwater system. 1611 The code currently requires that if you have it in one location, then you have to have 125% of the requirement. Now they want to encourage having the shelf in one location so they are proposing to eliminate this requirement as well. The amendment criteria addresses modification of existing lakes or existing plans under the old code. The DSAC sub - committee asked staff to provide a list of consultants that the standards have been sent to. Mr. Lorenz only knew of one return comment that staff received. One installer stated that the direction they were heading in was appropriate and suggested planting on 36 -inch centers, which is less costly and has the same survivability. Mr. Lorenz stated that they will look into this suggestion and they will send the standards to the particular consultants requested by the DSAC sub - committee. They also removed the performance guarantee. Mr. Lorenz stated that this proposed amendment will come back to the EAC in the next few months with final changes. -Mr. White added that he was responsible for reviewing and signing off on the ordinance that embodies all of these regulations. He will work with staff to eliminate legal problems, clarifying intent and application, and bring them back to the EAC with the provisions. -Mr. Coe stated that he believes they waste money on medians. He doesn't believe that just stating a 2 -foot center is sufficient and wondered why they don't put grass on medians. -Mr. Sansbury agreed that it was good to concentrate the selves in the preserve areas because it he feels that it is impossible to enforce single family lot requirements. He asked how these rules relate to the rules of the environmental resource permits of SW Florida. Mr. Lorenz stated that staff does not see a conflict. Mr. Sansbury added that he is concerned about too many signs taking from the beauty of the area and that the enforcement should be in the hands of the maintenance team. -Mr. Lorenz addressed Mr. Coe's comments about spacing. He stated that staff has looked at manuals with regard to spacing and there requirements are on the conservative side. They will be looking at this further. He added that they are looking to develop a literal shelf planting at Lake Sugdeon. He showed a map that gave a visual concept of how it would look with a 2% planting versus the 10% planting, which staff is proposing. -The EAC stated they would like staff to return with the final changes. Mr. Lorenz stated they will go before the DSAC committee on March 19, 2003. D) Beaches -Mr. Lorenz stated that the current code prohibits the ability to get large equipment on to the beach in order to maintain the beach re- nourishment projects. This proposed amendment makes the appropriate changes to allow cleaning and maintenance machines. Staff is also attempting to reduce the number of redundant sections in this portion of the code. This amendment proposes that the setback from vegetation, in terms of raking, should be 15 -feet. The state requirement is only 10 -feet. Staff will provide data and research to support the 15 -feet. - Alexandra Santoro asked why the requirement for beach raking and cleaning devices not penetrating below one inch was changed to two inches. Maura I C­,, I i '" I "" Krauss, Environmental Services Department, replied that this was changed in order to be consistent with the state requirements. She added that they eliminated tire tread and consolidated some of the sections. They attempted to make it more consistent with the current permits being issued. Alexandra Santoro was concerned about the environmental relevance of the change. -Mr. Coe asked what a "valid permit" would be to go onto the beach during the turtle nesting season. Maura Krauss informed him that the permit is required from the state and county. The permitted vehicles are concessionaires and beach raking. Barbara Burgeson stated that in the past beach raking was prohibited at this time, but it was allowed in the code two years ago. -Mr. White stated staff was looking for direction on the 15 feet versus the 10 feet in respect to the beach raking next to the dune. The EAC had no problems with this. -Mr. Coe made a motion for approval. It was seconded by Mr. Carlson. All were in favor; the motion passed unanimously, 7 -0. E) Maintenance for Vegetation - Barbara Burgeson stated that there have been some major changes to 3.97. This proposal was an attempt to consolidate many sections of the code relating to different aspects of the preservation areas, to incorporate staff's current policies being used for the past ten years, and to incorporate additional guidelines that have been recommended and used, but not in written form. Staff has chosen to take out a small portion of this proposed amendment due to legal questions, in attempt to have it go through this LDC amendment cycle. They will come back at the next cycle with the full proposal after it has been reviewed for legal sufficiency. She reviewed the changes in the proposed amendment that would be removed and proposed for this cycle: 1) 3971— The first sentence will be removed 2) 3972 — The first sentence will be removed 3) 3975 — The last sentence proposes to allow in the last sentence "unless it can be demonstrated that it will not effect the integrity of the preserve ". The only way they would permit anything in the 10 -feet adjacent to the preserve is if that item is a structural boundary to protect the integrity of the preserve. 4) 39762 — They are proposing limitations on the re- created preserve area. They are also proposing that the minimum spacing and widths be applied to both the created and existing preservation areas. The language was modified to "20 -foot on center for trees, with an exception of 30 -foot on center for large canopy trees where there is a greater than 40 -foot spread, and 5 -foot on center for shrubs. The 2 -foot on center for groundcover was changed to 3 -foot on center. They have allowed for a modification which allows for smaller plant materials when it encourages survivability. In regards to minimum width: for parcels less than 5 -acres the minimum width is less than 20 -feet, for parcels 5- 10 acres the minimum width is 30 -feet, and for parcels 10 -acres and greater the minimum width is 50 -feet. - Barbara Burgeson reiterated that these are all of the changes that they are proposing to take out for "this cycle" and the DSAC sub - committee supported just these amendments into the current cycle. She asked the EAC, since they had the 16114"I "full" proposal, that even though it may not be applicable this cycle, to send comments to her. This will help her make improvements before the next cycle. VII. Announcements - Barbara Burgeson stated that she had a few announcements to make. She congratulated Mr. Carlson on his appointment to the Collier Conservation Land Acquisition Committee. She stated that the first meeting will be on Monday in the same room. Alex Salecki was the staff person appointed to this committee. She reminded the EAC that she handed out a survey and she asked the committee to return it by the end of the month with suggestions. The survey asked how the EAC felt in regards to the meetings, how they were run, any changes that need to be made, etc... Mr. Sansbury will be providing the quadrennial report to the BCC on March 11, 2003. She added that Alexandra Santoro has created a newsletter that they would like to distribute to the EAC. She asked that the EAC consider if they would like to distribute this to other groups. The newsletter discusses some of the actions and accomplishments of the EAC. She also asked the EAC to consider if they want to attach this to the EAC website. She explained that the sub - committee for the overlay still needs to reach a date. The EAC stated they will contact her with this date. Barbara Burgeson also noted that Erica Lynne had requested $80 registration fee for a native plant society conference in May, 2003. She explained that they are entitled to reimbursement of expenses approved by the BCC and the money would come out of the EAC budget. -Mr. Coe made a motion to approve the $80 registration fee and found that it was reasonable for the performance of her duties. It was seconded by Alexandra Santoro. All were in favor; the motion passed unanimously, 7 -0. -Bill Lorenz distributed the "Rural Lands Stewardship Area Implementing Land Development Code Amendments ". The package will be in this LDC cycle. Carlton Fields is the consultant and has just distributed the packet to staff. Staff will provide a briefing and description of the packet at the next EAC meeting in April, 2003. -Mr. White added that member comments on this set of LDC amendments are desired. - Barbara Burgeson stated that the county attorney's office has informed staff that they have not correctly been following the voting conflict procedure. She explained that when the forms are filled out, the signed forms must be distributed to the board members. After the meetings, they will hand them out to the EAC so that they have copies for their records. VIII. Public Comment A) Bob Krasowski, Zero Waste Collier County, stated that his committee has been working on solid waste options since 1995. They have secured a grant from the Department of Environmental Regulation and received assistance from the Collier County School Board. He handed a pamphlet to the EAC that describe a workshop and the speakers that would be presenting on the zero waste initiative. He explained that the initiative is the application of design, theory, principal, and practices to every component of the resource 1611' extraction, production, sales, distribution, and discard of the material life - stream cycle. There are categories in each that prove opportunities for efficiencies in reducing waste and recycling. The address ways of dealing with waste other than incinerators. He invited the EAC and staff to the workshop in order to learn more about the program and the environmental concerns involved. - Alexandra Santoro stated that she was concerned with commercial office recycling and asked if staff could speak to the EAC on commercial recycling in the future. Barbara Burgeson stated that she would call solid waste and see if they could be scheduled to speak in May, 2003. IX Adjournment — There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:53 AM. COLLIER COUNTY COMMITTEE ETC. ETC. Chairman (the Chairman's Name) riala _ f1 Halas — RECEIVED Coyle AGENDA MAR 27 200? Colette COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 3, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES —MARCH 20, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS - MARCH 11, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS r 4atA: A. BD- 2002 -AR -3301, Dominick Novello, Jr., of Novello Building Co., representing Chris Summerton, requesting approval of a boathouse to be constructed on an existing dock on property located at 464 Oak Avenue, Section 32, Township 48 South, Range 25 East, further described as Lot 3, Bock I, Conners Vanderbilt Beach Estates Unit 2. (Coordinator: Ross Gochenaur) B. . BD- 2002 -AR -3341, Roy Scott Ramnick, requesting approval of a boathouse to be constructed on an existing dock on property located at 140 San Salvador Street, further described as Lot 310, Isles of Capri Unit 2, Section 32, Township 51 South, Range 26 East. (Coordinator: Ross Gochenaur) 1 l C. BD- 2002 -AR -3515, Turrell & Associates, representing Richard Ziko, requesting a 25 -foot boat dock extension from the permitted 20 feet to construct a boat dock facility protruding a total of 45 feet into the waterway for property located at 156 Venus Cay, further described as Lot 61, Port of the Islands (The Cays) Unit One, in Section 9, Township 52 South, Range 28 East. (Coordinator: Ross Gochenaur) D. VA- 2002 -AR -2525 (FR) Robert Davy and Mark Allen, representing Little Hickory Shores Unit 3 Re -plat property owners, requesting a 15 -foot variance from the required boathouse setbacks of 15 feet to 0 feet, a 30 -foot variance from the 20 -foot maximum protrusion for a boathouse to a maximum of 50 feet, and a waiver of the requirement that roof material and color of a boathouse be the same as that on the principal structure for property located in the Hickory Shores Subdivision, Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 22, Block G; and Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block H, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) E. VA- 2002 -AR -3191, Frederick Kramer, Esq., representing Dawn Winters, requesting an after -the -fact variance to the front and both side yard setbacks. The petitioner is requesting to reduce the front yard from the required 25 feet to 15.85 feet; to reduce the north side yard from the required 7.5 feet to 3.25 feet; and to reduce the south side yard from the required 7.5 feet to 4.7 feet to allow the existing house to remain as it is. The subject property is located at 112 Moon Bay Street, Lot 112, in Section 15, Township 51 South, Range 26 East, Collier County Florida. This property consists of 0.14± acres and is located in the Port Au Prince Subdivision.(Coordinator: Ross Gochenaur) F. VA- 2003 -AR -3658, Beau Keene, P.E., of Keene Engineering, representing Maria Martinez, owner, requests a 3.3 foot after -the -fact front yard setback variance from the required 15 feet leaving a 11.7 foot front yard for residential property located in the `B" Estates zoning district. The property to be considered for the variance is located at 811 Everglades Boulevard at the northwest intersection of 8`s Avenue NE and Everglades Boulevard North, in Section 6, Township 49 S, Range 28 E, Collier County, Florida. This property consists of 1.64 acres and is located in Golden Gate Estates. (Coordinator: Kay Deselem) G. PUDA - 2002 -AR -2240, Donald A. Pickworth, P.A., and Anita L. Jenkins, AICP, of WilsonMiller, Inc., representing Centex Homes, requesting an amendment to the Twelve Lakes PUD for the purpose of updating the master plan and development standards within the approved Twelve Lakes PUD located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 262.33±acres. (Coordinator: Ray Bellows) H. THIS ITEM HAS BEEN CONTINUED INDEFINITELY. I. CU- 2002 -AR -3486, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Collier County Board of County Commissioners, Facilities Management Department, requests a Conditional Use "26" of the "A' Agricultural Zoning District pursuant to Section 2.2.2.3.26 of the Land Development Code for governmental facilities as an Essential Service. The property to be considered for the conditional use is located at 2387 Orange Blossom Drive, at the intersection of Orange Blossom Drive and Airport- Pulling Road (CR -31) in Section 2, Township 49, Range 25, Collier County Florida. This property consists of 9± acres. (Coordinator: Ray Bellows) J. RZ- 2002 -AR -3160, Robert L. Duane, of Hole Montes, Inc., representing Benderson Development Co., requesting a rezone from "A" Rural Agricultural to "C -3" for parking and infrastructure only, for property located east of Donovan Center PUD on the south side of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 0.43± acres. (Coordinator: Fred Reischl) K, RZ- 2002 -AR -3539 Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Habitat for Humanity of Collier County, Inc., requests a rezone from "A" Agricultural zoning district to "RSF -5(3)" Residential Single - Family zoning district to allow a maximum of 31 lots to be developed as a residential subdivision with some percentage to be set aside for affordable housing units. This property consists of 10.3± acres. This area may be added to a 26.4 -acre subdivision that was approved for a maximum of 79 single - family homesites that is located immediately to the north. The subject property is located at 10401 and 10407 Greenway Road, in Section 12, Township 51 South, Range 26 East, Collier County Florida. (Coordinator: Kay Deselem) 9. OLD BUSINESS E 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC AGENDA/SM/lo/3 -03-03 3 1611 '1 Fiala Halas Henning 4 �7 Coyle Coletta _ AGENDA 1611'f 11 COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 17, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. PUDZ- 2002 -AR -3095, Michael Fernandez of Planning Development, representing Mariam Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of the Livingston Road north of Wyndemere Country Club in Section 19, Township 49 South, Range 25 East, consisting of approximately 149 acres. 4. CCPC WORKSHOP A. A presentation and overview of the below listed plans and procedures and how each impacts the land development process and the decision making process. A tutorial on Planning Commission responsibilities under state statute. 1. CCPC functions, duties and responsibilities. 2. What are the limits of the CCPC decision making abilities. 3. Provisions for the CCPC to be a "strong" rather than "weak" commission. 4. What would it take to increase the responsibilities of the Planning Commission? 5. Planning Commissioner certification 5. Continuation of LDC amendments from April 9, 2003 March 20, 2003 161 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 20, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain David Wolfley Dwight Richardson Lora Jean Young Lindy Adelstein Paul Midney Brad Schiffer Russell Budd ALSO PRESENT: Joe Schmitt, Community Dev.& Environmental Services Ray Bellows, Planning Services Dept. Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney David Weeks, Chief Comprehensive Planning Services Ross Gochenaur, Planning Services Mike Bosi, Planning Services Fred Reischl, Planning Services Glenn Heath, Planning Services Jean Jourdan, Planning Services Page 1 16 '�ch2(�2003, 1. A moment of silence was held. Pledge of Allegiance was recited with Chairman Abernathy calling the meeting to order at 8:35 AM. 2. Roll call was taken — a quorum was established. 3. Addenda to the Agenda — Mr. Budd asked about a separate mailing he received from Roetzel and Andress about a sub - district that does not appear on the Agenda and wondering why. Marjorie Student commented it will not be on the Agenda. When matters are not advertised, they are not on the Agendas. Mr. Strain is asking for two items to be added to the Agenda under New Business. 1) Discussion with Commissioner Coletta to hold meetings in Immokalee. 2) Format of the Agendas. 4. Approval of Minutes — March 6, 2003 — It was noted Mr. Budd's name was inadvertenbtly omitted from the roll call as being present and Mr. Schiffer's name was spelled incorrectly. Mr. Adelstein moved to approve the minutes of March 6, 2003 with the above corrections. Seconded Mr. Budd. Carried unanimously 9 -0. 5. Planning Commission Absences — April 3`a meeting — Mrs. Young will not be in attendance. 6. BCC Report — Recaps — February 25, 2003 — the BCC recommended approval of the East Gateway PUD with a stipulation that no additional square footage be built until the roadway services are improved. Joe Schmitt wanted to make a comment concerning the last meeting when Livingston Village was withdrawn. There was a comment made about lack of cooperation from the applicants representing firm — Wilson/Miller. He apologizes and stated it was no way to criticize the firm which is very reputable. It was a matter of issues that they decided to withdraw and sever their relationship with the applicant. 7. Chairmen's Report - none 8. Advertised Public Hearings: A. BD- 2002 -AR -3415 — Miles Schofield, of Schofield Marine Consulting, representing Damon Warfel of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway for property located at 5348 Barefoot Bay Court, Barefoot Bay, Collier County, Florida. Disclosures — None Page 2 lb Ij 4"1 ` ,r,h 2003 Those testifying were sworn in by Mr. Abernathy. PETITIONER Mr. Rocky Schofield with Scofield Marine Consulting, representing Damon Warfel, President. The Sub - division is called Barefoot Bay on Bonita Beach Road. Across from Lely Barefoot Beach and consists of 9 lots. He displayed a map and explained the area to the Commissioners. Two have already been approved for extensions. There are 3 hearings and will all be the same size docks, boat lifts and the lots similar. He showed lots #2, 6 & 7 on the aerial map. He showed lot #2, showing they cannot park a boat in front of any of the docks without an extension. They are proposing boat lifts protruding out 13 feet from the front of the dock. Front of the dock is approx. 15 feet from the mean high water line and boat and boat lift out 27 feet. They are requesting a 28 foot boat dock extension. The waterways meet the criteria of the 25% rule. He showed the waterway and the other docks. All the requirements have been met for the widths of the waterway. Mr. Adelstein asked why the contractor isn't making the docks the length Mr. Schofied is asking by going that extra foot. He would feel better reducing them all to 27 feet. Discussion followed on the boat lift referring to the map. Mr. Scofield explained the rip rap being rock seawall or bank stabilization. Mr. Abernathy questioned the depth of the water all being the same depths and wondered if it was dredged. Mr. Schofield had it surveyed and the numbers are according to that survey. STAFF Ross Gochenaur — Planning Services — the three resolutions he has, show the standard stipulations. They are referring directly to the resolution in the staff report. All three of them have similar stipulations. He felt approving the protrusions would be appropriate, even one being marginally over the 25 %. The Building Dept. allows about 6 inches leeway with pilings; being they tend to settle. The applicant is being responsible giving the one extra foot rather than taking it from the Building Dept. He would approve the 28 feet for all three resolutions. The hearing is closed for motion and discussion. Mr. Budd moved to approve petition BD- 2002 -AR -3415 with the total length reduced to 27 feet with staffs stipulations. Seconded Mr. Adelstein. Carried unanimously 9 -0. B. BD-2002-AR-3203, Miles Schofield, of Schofield Marine Consulting, representing DCS, Inc, requesting an 8 foot dock extension to allow Page 3 16,11 "', azch 20, 2003 for facility protruding a total of 28 feet into the waterway for property located at 5328 Barefoot Bay Court, Barefoot Bay, Collier County Florida. PETITIONER Mr. Rocky Scholfield - representing Damon Warfel — this one represents Lot #7 which is a tight lot and the smallest in the sub - division. They are putting the same size dock in as the previous one and meet all criteria. They would be willing to change it to the 27 feet. Those testifying were sworn in by Mr. Abernathy. Disclosures — None. Discussion followed on the size of boats that can access the area. The maximum size would be 26 feet. STAFF Ross Gochenaur — Planning Services — staff has no objections and recommended approval. The hearing is closed for motion and discussion. Mr. Wolfley noticed in the last request that at 28 feet they were sitting at 25.2% of the waterway. This one is 23.3% - consequently he didn't feel the restriction of the 27 foot rule should apply. Mr. Wolfley moved to approve the request BD- 2002 -AR -3203 with stipulations by staff. Seconded by Mrs. Young. Carried unanimously 9 -0. C. BD- 2002 -AR -3491— Miles Schofield, of Scofield Marine Consulting, representing DCS, In., requesting an extension for a boat dock facility protruding a total of 28 feet into the waterway for property located at 5332 Barefoot Bay Court, Barefoot Bay, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER Page 4 1 (d1240"11 13 Rocky Schofield - representing DCS, the applicant — lot #6 — same criteria as the last two requests. They fit the minimum requirements of the 25% and 50% of the waterway rule and meets all criteria. STAFF Ross Gochenaur — Planning Services — the petition meets all criteria and has no objections. The hearing is closed for discussion and motion. Mr. Wolfley recommends approval of BD- 20032 -AR -3491 with the staff stipulations. Seconded Mr. Adelstein. Carried unanimously 9 -0. D. VA- 2002 -AR -3381— David M. Corban requesting an after the fact variance of 16 1/ Feet from the required rear yard setback of 20 feet to 31/2 feet from the property line for the renovation of an existing house constructed over a drainage canal and waterway easement, for property located at 2832 Arbutus Street. This is different then what was in the packet. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER David Corban — 2832 Arbutus Street and a Principal Architect — purchased home 3 years ago. Met with County Planners and found the LDC allowed for non - conforming residential structures to be altered, renovated, expanded or re- built. Further research he found the home had been on the tax rolls since 1968 and occupied as a single family residence and not boat house. The way the building is constructed he feels was always meant to be a single family home, because the formation of the sea wall and the location of the columns tells him that the sea wall and the sight was always intended to have a structure built over the water. Financially, it would not be beneficial to renovate the house. He is asking to rebuild in its existing location without increasing the non- conformity. The pilings are in bad shape, hurricane straps rusted through, ceilings are low, no insulation, and the railings are not to current code. It would be better to build it to current code and meet the requirements. He hasn't decided if he will keep it a single story. A question was asked if the home was destroyed by a hurricane. Mr. Reischl responded if the home was destroyed more than 50% it would remain in its location. If destroyed by Page 5 * Ma7ch 20, 2003 1611 greater than 50% it could be rebuilt to the same density, but meet current dimensional . standards. (Setbacks) Variance supersedes rule. Mr. Corban discussed conforming according to the FEMA numbers. STAFF Mr. Fred Reischl — Planning Services — has no effect on the Growth Management Plan and will need to get building permits and meet building codes. Three neighbors looked at the file and had no objections. The hearing was closed for discussion and motion. Mr. Schiffer moved to approve of VA- 2002 -AR -33871 to the Board of Zoning Appeals with staffs recommendations. Seconded Mr. Budd. Carried unanimously 9 -0. E. CU- 2002 -AR -2866 — Mario Valle representing Creative Homes of SW Florida Inc. requesting a Conditional Use 7 of the "E" Estates zoning district for earthmining for lake excavation per section 2.2.3.3, for properties located at 4225 31st Ave. NE and 4235 31" Ave. NE., on 5.0 acres. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER Mario Valle — Creative Homes — Creative Homes provides entry level single family homes for the workforce for Collier County primarily in the area of Golden Gate Estates and /or Golden Gate City. They are trying to help their customers save money with the costs of septic sand and import to different locations. They can improve a 5 acre parcel by putting a 2 acre lake on different locations. He noted on the Executive Summary page two, it stated " Immokalee Road" that would be traveled on — it should actually be "Oil Well Road and Everglades Blvd." He is trying to limit the amount of traffic in Immokalee Rd. No fill has been taken out of site in last 6 months waiting for water table to go down. The rip rap & rock placement around the site is for fish habitat in the lake. Discussion followed on the trips per day being an average of 3.2 trips per day. The hours of operation noted in a letter from Mr. Valle was referred to. The staff's hours were slightly different and reduced. Mr. Valle agrees with the staff's hours but would like to work on the trips per day to be efficient. Page 6 March 20, 2003 Uhl This is for 2 lots — 2 single family sites and will stay 2 parcels. (2.4 acres -1974) ' The Golden Gate Association has given approval and some members have viewed the site. Mr. Valle sits on the Golden Gate Assn. Board. STAFF Mike Bosi — Planning Services — clarified the Estates Districts 21 /a acres are the minimum lot sizes. Not setting an abnormal precedent. The Planning Commission approved an excavation permit for Lot #145. He also noted he passed out revised stipulations due to minor grammatical changes. He covered the redundancy and minor changes. He received several calls from property owners and after describing the situation and project there were no obligations. There was one objection at the neighborhood information meeting stating there were wetlands on the project. The Environmental staff did extensive research, assessed and was resolved. Mr. Schiffer asked about a time limit on the conditional use. There is 5 year expiration — they have a 3 year window now. In addition to the conditional use they are working with the engineering staff for a commercial excavation permit which is a companion item and will be heard before the BCC. Mr. Strain asked staff about the hours of operation. Mike Bosi stated it means any activity on that site. Ray Bellows said the building permit has hours of operation for controlling of noise but the stipulation came as a result of keeping it out of the rush hours. Mr. Strain said what he is hearing is not what is in the resolution. Mr. Bellows said the building permit is for the hours of excavation. The conditional use is for regulating the truck traffic in and out. Mr. Strain would like to see it stated more clearly so the public understands. Mr. Valle read the document as part of the stipulation was; they would not haul anything prior to the original application time. Mr. Abernathy summarized it that he could be loading the trucks after 3:00 PM for the next morning — prior to 9:00 AM. He wouldn't load any trucks prior to 8:30 AM because it wouldn't make sense economically. Mr. Strain read it that they wouldn't start to load or make any noise until 9:00 AM. Mr. Bosi clarified the hours of operations would be limited to those associated with the building permits but the truck operations for on and off site be limited to 9 AM to 3 PM. Staff recommends approval with the conditions and the LDC criteria being met. The hearing is closed and open for discussion and motion. Page 7 March 20, 2003 I1 Mr. Budd moved to recommend approval of petition CU- 2002 -AR -2866 to the Board of Zoning Appeals with the modified staff stipulations "Exhibit C ". Seconded Mr. Wolfley. Carried unanimously 9 -0. Break — 9:50 AM Reconvened —10:15 PM 2002 CYCLE GMP AMENDMENT PETITIONS David Weeks — Comprehensive Planning Section — noted there were revised staff reports and as they make their presentations they will be working off the loose leaf sheets of the latest versions of the staff reports. Stan Litsinger introduced two new Comprehensive Planners — John David Moss and Darrin Murphy. Discussion took place concerning the GMP Amendments and the LDC Code Amendments. The details of the Comprehensive Plan Amendments were discussed and noted questions will be asked accordingly? Mr. Weeks gave an overview & comments which were: - Will be 4 privately initiated and 6 by the County. - These are Comprehensive Plan Amendments not rezoning - This is Transmittal Hearing — not making recommendations on adoptions - Sent on to the Board of County Commissioners and then the FL Dept. of Community Affairs — State & Regional Agencies — then DCA (Dept. of Community Affairs) will issue their ORC (Objections/Recommendations & Comments) Report. - They will make sure they are found in compliance - Notice of Intent - purpose for persons to sign up — person will be notified if found incompliance or not according to State Statutes. - Revisions were sent to the Planning Commission - Was advertised — full page - 6 months behind schedule — usually adopted now - BCC hearing on Amendments will be April 8", 2003 - Procedurally — petitioner first — then staff will provide overview of analysis, findings and recommendations - Minor changes will be presented — some grammatical - Need to collect the Documents at end of meeting Page 8 1611' March 20, 2003 1) CP- 2002 -1- Petition requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5 plus or minus acres to allow 185,000 square feet of certain specified commercial uses for property located 1/ mile east of Collier Blvd. (CR -951) and on the north side of the road leading to the Swamp Buggy grounds (opposite Rattlesnake- Hammock Rd. Rich Yovanovich — this petition basically is to add a Comp Plan Amendment of approx. 18.5 acres near Rattlesnake Hammock road. The staff report is detailed to the types of uses. The intent of the petition is to provide office opportunities for contractors, specialty contractors, engineers and surveyors. Distinguish it from a general office park to be more like the Horseshoe Drive Collier Commerce area. (Business -not Industrial Park) Wants to clarify it is for indoor self - storage not industrial type self - storage. Distinguish them from a typical office park. Warehousing is not appropriate so can be eliminated. Not intended to be an Industrial Park. Mr. Wolfley feels they need to get a better handle on where the County is going in certain areas. Not sure what the solution is but would be better in making their decisions. Mr. Strain is concerned bout the 951 Corridor rapidly changing and not the Urban fringe sub - district any longer. He asked if anyone in the County is looking at Master Planning the remaining parts of the corridor. Mr. Weeks responded there is no Master Plan. They will be going through an Evaluation Appraisal Report. When making decisions they need to consider the facts at hand. Know there is a proposed hospital, but don't know for sure yet. County doesn't have the only control. Need to consider the facts. Mr. Strain would like some language that would indicate this in not an entitlement at this point. Mr. Yovanovich states all this is asking is the right to come in and ask to rezone the property. Mr. Weeks said the Planning Commission isn't mandated to approve — there are thresholds and can not exceed them — the square footages or the categories of uses. Staff does object to the proposed changes. The staff needed more data and analysis to justify why they need the uses and intensities. They did submit information and analysis of other commercial areas, to demonstrate this category of uses related to the construction trades, doesn't have enough amount of zoning. They could come back and ask for an unknown square footage. It does show there is a need for the contractor related businesses. What would be the basis for denying it? More discussion followed concerning the square footage, data and analysis and rezoning. It was decided the petitioner would provide more analysis to staff on traffic and market studies, or whatever is needed to appease staff's concerns. Page 9 March 20, 2003 STAFF 1611 Jean Jourdan — Comprehensive Planning Services — no correspondence and no objections. Mr. Weeks feel they will see many other changes occurring and requested along the corridor. The hearing is closed for discussion and motion. Mr. Budd moved they forward the petition to the Board of County Commissioners with a recommendation of approval to transmit to the Dept. of Community Affairs eliminating the specific allocation at this time, limiting the total to 185,000 square feet for indoor self- storage, and delete — "warehouse space for various contractor building/builder construction trade occupants and association with related offices." Also with sufficient information provided in time for staff to make a firm recommendation prior to adoption. Seconded Mr. Wolfley. Mr. Yovanovich stated what he is trying to do is not change the concept, but to clarify the concept presented. The data and information will support what they are doing. Carried unanimously 9 -0. 2) CP- 2002 -3 — petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Sub - district by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C -3 zoning district, and removing conditional uses for property located at the NE quadrant of the Pine Ridge Road/Livingston Road intersection. PETITIONER Robert Duane — Hole, Montes & Assoc. — the subject property they are adding to the Pine Ridge road mixed use sub - district was shown on the map, (At the intersection of Pine Ridge Road and Livingston Rd) increasing the acreage in the sub district from approx. 13 acres to 16 acres. Requesting retail uses in the amount of 80,000 sq. feet to the westerly most 20.5 acres of the sub district. Uses would be those in the C3 zoning district. The existing uses that are permitted on the eastern 7 acres of the district or the conditional uses and the plan currently permits is the Golden Gate Master Plan single family uses at the intersection. He discussed the different changes taking place with the 4 -6 lanes on Pine Ridge, the extension of Livingston Road extending to the north. Changes in the Amendments to the comp plan allowing commercial uses on this particular tract (commercial office uses) and also the adoption of the Pine Page 10 1611 March 20, 2003 Ridge/Livingston road commercial infill sub - district on the other side of Pine Ridge Road. Both properties are contained in that sub - district. They are also proposing a loop road servicing to take traffic through the subject property from Pine Ridge Road onto Livingston Road. Proposal was taken to the Golden Gate Master Planning Committee, in which they recommended, with approval, and had no objections. Mr. Strain asked about particular language and wondering if it may be too flexible. STAFF Glenn Heath — Planning Services — a phrase was taken out "in an acceptable manner ". Discussion followed on the landscape buffers and setbacks along with traffic concerns. It was noted another traffic analysis will be done and exit points are subject to review by the County Transportation Staff. Marjorie Student, Assistant County Attorney stated they can have a consistency with the Comprehensive Plan because the language would indicate that all the C3 uses could be utilized and later on if they tried to restrict the applicant; they could argue that it isn't consistent with the Comp Plan. She said "if something needs to be limited, now is the time to do it." After much discussion, Mr. Duane stated he would insert two sentences — "the C3 uses are not an entitlement. Such uses shall be further evaluated at the time of rezoning approval to assure appropriateness in relation to surrounding property." Mr. Heath noted the changes in the language on page 5 of the staff report. The Landscape buffer area was discussed. The hearing is closed for discussion and motion. Mr. Budd moved to forward the petition CP- 2002 -3 to the Board of County Commissioners with a recommendation of approval to transmit to the Florida Dept. of Community Affairs with changes — which is the language regarding the landscape buffer be changed to reflect more accurately a 75 foot setback area; (a setback area still includes a 30 foot landscape buffer area). A limitation of uses in the language proposed by Mr. Duane that the "C3 uses are not an entitlement, such uses shall be further evaluated at the time of rezoning approval to assure appropriateness in relation to surrounding property ", and to clarify that the staff language changes be incorporated. Seconded Mr. Adelstein. Carried unanimously 9 -0. Page 11 Mach 20 2003 3) AR- 2002 -4 — petition requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural - Settlement Area District to clarify vested uses, densities and intensities, and to clarify an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR -846), the north side of Randall Blvd. and bisected by Oil Well Road (CR -846), and commonly known as Orangetree PUD. PETITIONER Wayne Arnold — the Amendment is self - explanatory. It is to clarify language that is in the Golden Gate Master Plan. The settlement area district known as Orangetree is mentioned in the Future Land Use Elements and also in the Golden Gate Master Plan. He filed the amendments for clarifications and those changes that had been made with staff. He has no objections with the changes. STAFF David Weeks — history of the project was covered from the early 80's with the zoning and sub - districts settlements. The settlements resulted in certain category of uses and thresholds - 2,100 dwelling units, 22 acres of commercial and a variety of support uses. This petition is adding clarity of uses being allowed. This petitioner or anyone else can ask for a change — more dwelling units and more commercial. The vesting status has to do with the DRI thresholds under State Statues. Staff supports the petition and has not had any correspondence. Mark Strain has heard the plan over the past and likes it being that he is Chairman of the Golden Gate Master Plan Committee. The hearing is closed for discussion and hearing. Mr. Budd moved to forward Petition AR- 2002 -4 to the Board of County Commissioners with a recommendation to transmit to DCA. Seconded Mrs. Young. Carried unanimously 9 -0. 4) CP- 2002 -5 — petition requesting text amendment to the "FLUE" to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, but limited to dwelling unit ownership, to be applicable to 55 acres in the Urban Residential Fringe Sub district, located on the east side of Collier Blvd. (CR- 951), approx..6 mile south of Rattlesnake - Hammock R. (CR -864). PETITIONER Page 12 16 E l 44 Marc 20, 2003 Bob Mulhere — RWA — located the project on the exhibits displayed. The project is about .6 of mile south of Rattlesnake- Hammock. He reads in the paper the hospital is proposed north of the subject site if it is approved. The Activity Center will change the area. The 40 acre quadrant in the coming months will develop in a commercial way and have an impact on the area. The policy is limited to fee simple ownership. In the urban area, the Comp Plan allows any property owner to request an affordable density housing bonus and not limited to fee simple ownership — but conditions associated with it. The policy is not currently permissible within the Urban Residential Fringe so this Amendment is seeking to extend that policy to that area within the boundaries that is designated as the Urban Residential Fringe. It is one mile east of Collier Blvd. It is a transitional area which is now the Rural Fringe area. He is suggesting the transitional area will change, but there is a transitional area between the Urban and Rural areas further to the east and will be lower density. They submitted Transportation and Environmental evaluation. Neither roadway, Rattlesnake- Hammock and Collier Blvd, will be affected. Both segments are scheduled for improvement in the 5 year plan and are not operating deficient at this time. The Environmental evaluation revealed 17 acres of wetlands and 11 will be retained on site. The net developable area will be approx. 44 acres out of 55 acres. They are looking at a 6 unit density bonus from 8. This makes sense, it's a good area and staff recommended approval. Mr. Wolfley asked about the particular area. Mr. Mulhere's client has made an effort to acquire other properties in the area. They would not be able to ask for density bonuses on that property that is acquired that is not described in the Comprehensive Plan. Discussion followed on signaling, crossings, interconnections and transportation issues that will be decided at a later date. Mr. Strain talked about the density, and after much discussion Mr. Mulhere stated the total will be 7.5 units per acre. Mr. Midney asked why they excluded rental — Mr. Mulhere responded his client favored fee simple. Mr. Strain stated there is need for workforce housing for the more affordable owner occupied. There is an overabundance of affordable housing in that part of the County. Joe Schmitt stated the staff and Commissioners are supportive for the owner occupied affordable housing also. There is a market geared toward the young professional first time home buyer and it will not be a low income housing project. STAFF Jean Jourdan — Comprehensive Planning — staff supports the petition and recommends approval. There was a change in the language that added the words "or less ". (Page 1) Page 13 16 I Jarl"cht, 20d3 Mrs. Young asked the price range of the units. Mr. Mulhere said they are referring to more of the entry level worker and will be affordable — 80% or less of the affordable median income of Collier County. That is approx. $65,000 household income. The median "earned" income is about half that figure. Hearing is closed for discussion and motion. Mr. Budd moved to forward petition CP- 2002 -5 with recommendation of approval to transmit to DCA with the correction on Item 3, page 2 of the staff report, and that the density bonus be a maximum of 6 units per acre and not 8. The buyers will earn 80% or less as clarified in the staffs report. Seconded Mr. Wolfley. Carried Unanimously 9 -0. 12:10 Lunch Break 1:20 Reconvened CPSP - 2002 -6 — petition requesting amendments to the Golden Gate Area Master Plan ( GGAMP) text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP Restudy Committee of which there are 6 of them. ST_ Glenn Heath — Comprehensive Planning — Liaison to the Restudy Committee — most of the Amendments is language that has been reviewed by the Restudy Committee and recommended forwarding to the BCC and Planning Commission. There are a number of staff initiated changes constituting of previous errors and omissions and clarifications and making some sub - districts language consistent with previous amendments. Mr. Heath covered the different changes. Mr. Strain asked if by changing the word "Transitional to Intermediate" is opening it up to any uses it doesn't have currently. It's not an added district. Mr. Richardson asked why there isn't a minimum acreage requirement. Marjorie Student explained a local government can not force a PUD on a property owner because the PUD is consensual between the property owner and the government. Mr. Abernathy asked if there could be a Sub - district within 2 districts. Mr. Heath states there are 3 parts to the sub - district with none being adjacent to the other two. One is in Golden Gate City (SW corner of Collier Blvd & Golden Gate Parkway), one on Green Blvd. and the third one at Santa Barbara and Parkway. They are all in the same sub- district. The one in Golden Gate City is one district and the other two are in a different district. Page 14 1611 arch �, 200'3 Mr. Weeks — Planning — explained it is an awkward situation in the plan as they have an urban commercial district (within Golden Gate City) where one of the sub - districts are, and the other two are within the Estates mixed use district. It is two completely different districts and stuck the same sub - district under one of the districts and made reference to the other location. They can list the sub - district twice, once under each district to make it clearer. Mr. Heath explains in the current Master Plan the sub - district is only listed under the Urban district. Mr. Heath again noted other changes. Some of the changes will go back to the Restudy Committee. Two new neighborhood centers are being recommended to be added in the Estates. One is at Everglades Blvd in Golden Gate Parkway and the other at Everlgades and Immokalee Road. They are also recommending expansion of the existing neighborhood center at Wilson Blvd and Golden Gate Blvd. The Restudy made some recommendations about the types of uses they would like to see and not see in the neighborhood centers. Discussion followed on some of the uses. Conditional Uses Sub - district regulates all conditional uses in the Estates and where they can be located. Many changes were made to the neighborhood center — staff put headings to specific sections. Other changes and revisions were covered including grammatical. Hearing was closed for discussion and motion. Mr. Budd moved to approve and forward petition CPSP- 2002 -6 with recommendation for transmittal to DCA. Seconded by Mrs. Young. Carried unanimously 9 -0. 6) CPSP - 2002 -7 — petition requesting amendments to the Future Land Use Element and Future Land Use Map and Maps Series of which there are 7 listed. Mr. David Weeks — Chief Planner — Comprehensive Planning Section — similar to the last amendment — no committee involved, County initiated for clarification and correction of omissions etc. Population and growth rates need to be noted. After the first five years they drop down to the medium range growth rate. That is too low — present growth rate is approx. 13,000 per year in Collier County. Don't expect to see a downturn in growth. (Will be update annually) Discussion followed on wells and mobile home developments. New mobile Page 15 1 �"', Mazch 6 I 1 2 , 2003 home developments are prohibited due to evacuation and public safety concerns. Mr. Midney wondered where they will put persons of lower income. The most proposed changes were made in the office and infill commercial districts. It's a sub - district through rezone process and interpretations have had to be made. The depth of the abutting commercial was one change — intent was to allow a given piece of property on one or both sides and would be able to rezone to a commercial district. Examples were given. They clarified the language and cleaned up the changes. Intent is to apply to a piece of property that is no longer suitable for residential development because of what is next door for certain commercial zone and classification of roadway it is on - would then apply for a rezone. Mr. Weeks touched on the residential density rating system and mixed uses. Residential and commercial together, guest houses, cabanas, servant's quarters, and mother -in -law dwellings were discussed. The way the density is calculated was discussed. Marjorie Student attended the DSAC meeting in which they made some refinements to density and advised Mr. Weeks to contact Susan Murray in making appropriate changes due to the fact this issue is reflected in the Amendment to the Land Development Code because it needs to be consistent with the Comprehensive Plan. It had been decided to have staff draft language and take it to the Planning Commission and then to the Board of County Commissioners. It is better to follow the process then to put it into a format now and push it through. Mr. Weeks felt to endorse the transmittal of the language with a clear understanding that revisions may have to be made for the LDC changes and a separate process that brings the language back to the Planning Commissioners and BCC. Get it in front of DCA so they see the change, and seeing a modification wouldn't be as severe as seeing totally new language. Hearing is closed for discussion and motion. Mr. Budd moved to recommend that the Board of County Commissioners transmit to Florida DCA this section along with the revised sheets and the amendments described by Mr. Weeks for CPSP -02 -7. Seconded Mr. Adelstein. Carried unanimously 9 -0. 7) CPSP -02 -8 — petition requesting a text amendment to the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the RecreationaUTourist District. Page 16 i �Mazc�20, 2003 STAFF Mr. Weeks — stated that is the change and has no recommendations. Hearing is closed for discussion and motion. Mr. Midney moved to recommend approval of CPSP -02 -8 to be forwarded to the BCC and DCA. Seconded Mr. Adelstein. Carried unanimously 8 -0. (Mr. Budd being absent from the room) 8) CPSP -02 -9 — petition requesting text amendments to the Goals, Objectives and Policies of the potable Water Sub - Element of the Public Facilities Element, most notable to modify some Level of Service standards, requesting new Water District Boundary and Potable Water Service Area Maps new Potable Water treatment and Transmission Facility Map and new Table of Capital Improvement Projects and requesting an update for the entire support Document. Mr. Strain asked if it was necessary to talk about the potable Water Sub - Element. He had been trying to get an answer with regards to the current status of the County with Terrorist activities. The Sub - Element clearly indicates where the water wells are and he didn't feel that information should be public at this time. Marjorie Student stated under Rule 9J5 they are required to show where the well fields are show water sewer district boundaries and possibly transmission lines. It was suggested it be tabled until they can get an answer back from the BCC. Marjorie will discuss this with the Dept. of Community Affairs. If tabled it would hold up the other Amendments because they are required to do only two submittals a year. Mr. Strain responded they could go through it today and checks with the Sheriffs Dept. and the BCC in the meantime and have Marjorie report back to the Planning Commission. STAFF Mr. Weeks - maps are all consistent with the water Master Plan 2002 update. The water district boundaries have not expanded — not showing anything different. One map showed the various boundaries for future service that was adopted as part of the Rural Fringe Amendments. (Including Orangetree) The Heritage Bay (DRI) includes change to the water sewer district boundary that encompasses a 4 square mile area. This amendment has been adopted and being reviewed by DCA. Page 17 arch , 200 Hearing is closed for discussion and motion. Mr. Strain moved to recommend approval for Petition CPSP -02 -9. Seconded Mrs. Young. Carried unanimously 8 -0. (Mr. Abernathy being absent from the room) 9) CPSP -02 -10 — petition requesting text amends to Goals, Objectives and Policies of the Sanitary sub - Element of the Public Facilities Element, most notable to modify some Level of Service standards, requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps and new Table of Capital Improvement Projects, and requesting an update to the entire Support Document. ST_ Mr. Weeks — indicated the changes are parallel to those of the previous petition that was just acted upon. Boundaries have not changed for the existing facilities. Recommended approval. Hearing is closed for discussion and motion. Mr. Budd moved to forward to the BCC with a recommendation they transmit to the Florida DCA petition CPSP- 02 -10. Seconded Mr. Adelstein. Carried unanimously 9 -0. 10) CPSP- 02 -11— petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust level of service standard for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub - Elements. ST_ Mr. Weeks — he already covered this in the previous amendments and recommended approval as modified. Hearing is closed for discussion and motion. Mr. Budd moved to forward to the BCC with a recommendation they transmit to the FL DCA petition CPSP- 02 -11. Seconded Mrs. Young. Carried unanimously 9 -0. Page 18 March 20, 2003 1 v �1 It was noted there were no public speakers on any of the above petitions. 9. OLD BUSINESS — None 10. NEW BUSINESS A. Holding meetings in Immokalee — Mr. Strain Mr. Strain had a conversation with Commissioner Coletta concerning meetings in Immokalee as it was his understanding they are suppose to hold meetings there. In checking Mr. Strain found he was correct. Mr. Budd mentioned they have held meetings there when there were relevant petitions or issues concerning the Immokalee area. Mr. Strain stated there will be more issues in the near future. He feels they should have a standing policy to staff that meetings should be scheduled when there are issues concerning the area. SPEAKER Commissioner Coletta stated there is a renewed interest in Government Affairs in Immokalee. They are having more meetings at this time. Immokalee has mentioned they would like to form their own Planning Commission which might be redundant. The population in Immokalee exceeds the population of the City of Naples. Mr. Abernathy mentioned it could be set up by staff and possibly do the coastal business in the morning and then reconvenes in the afternoon in Immokalee for Immokalee business. Marjorie Student mentioned in the past they grouped petitions together that were related to the Immokalee area and held a regularly scheduled meeting there. It was done every 3 months or so. Commissioner Coletta didn't feel they would want to hold up progress and wait too many months. Discussion followed on splitting the meetings, day or night meetings and having staff work on it. Evening meetings were not favorable. They will direct staff to set -up. Page 19 March 20, 2003 a B. Format of the Agenda 1611 " , 1i Mr. Strain suggested staff save paper and money and not copy and send the BCC recaps to the Commissioners in their packets. Many felt they still wished to have them in their packets. 11. PUBLIC COMMENT Mrs. Young would like to speak with the Commissioners concerning upcoming projects and developments. 12. DISCUSSION OF ADDENDA — None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:15 PM. COLLIER COUNTY PLANNING COMMISSION Mr. Kenneth Abernathy, Chairman Page 20 Fiala Halas Henning Coyle Coletta AGENDA lbll') COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, APRIL 17, 2003, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. PUDZ - 2002 -AR -3095, Michael Fernandez of Planning Development, representing Mariam Gerace and Wallace Lewis, Jr., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of the Livingston Road north of Wyndemere Country Club in Section 19, Township 49 South, Range 26 East, consisting of approximately 149 acres. 4. CCPC WORKSHOP A. A presentation and overview of the below listed plans and procedures and how each impacts the land development process and the decision making process. A tutorial on Planning Commission responsibilities under state statute. 1. CCPC functions, duties and responsibilities. 2. What are the limits of the CCPC decision making abilities. 3. Provisions for the CCPC to be a "strong" rather than "weak" commission. 4. What would it take to increase the responsibilities of the Planning Commission? 5. Planning Commissioner certification 5. Continuation of LDC amendments from April 9, 2003 0z,te: o� i 6: 0 �1 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: APRIL 1, 2003 RE: PETITION NO: PUDZ -02 -AR -3095, LIVINGSTON VILLAGE PUD OWNER/AGENT: Agents: Richard D. Yovanovich Michael R. Fernandez, AICP Goodlette, Coleman & Johnson Planning Development Inc. 4001 Tamiami Trail North 5133 Castello Drive, Suite 2 Naples, Florida 34103 Naples, Florida 34103 Owner: Marian Gerace & Wallace Lewis, Jr. C/o Steven Landy 1221 Brickell Avenue Miami, Florida 33131 GEOGRAPHIC LOCATION: ., The property is located on the east side of Livingston Road (C.R. 881) and approximately one mile south of Pine Ridge Road (C.R. 896) in Section 19, Township 49S, Range 26E. (See location map following page). REQUESTED ACTION: To have the herein described property rezoned from "A" Rural Agricultural to the "PUD" Planned Unit Development district to be known as the Livingston Village PUD. PURPOSE/DESCRIPTION OF PROJECT: The proposed 148.98 acre PUD is a planned mixed residential development that is designed around five centrally located lakes and includes conservation and open space areas totaling 34.1 acres. The residential areas comprise four residential tracts totaling 89.8 acres that support a mix of residential dwelling types and recreational amenities. The list of permitted uses and structures includes single- family (detached and attached), single family /zero lot line, duplex and multi - family dwellings. The petitioner is proposing a maximum of 590 dwelling units at a density of 3.9 units per acre. The PUD Master Plan (EXHIBIT "A ") indicates that the lake system will be approximately 14.5 acres in size u T374VN ..Ir.l IN✓ I` ., re's..... %sawI. 1O 7lm 7 .Y, 1JHU0C? v u anO w NIM/1 al► 1V ti7l •aT ►� xna aarsr�r and 'j �F ;N Z8■ W Z �a2i LU wR f M 11m� w pwo Ow- C COM VOISOU =40'1 'c` nuns aeiaa Crw g Y1�3 t /l'kll'idYJ6�Dl1'IOWCM3�MYY1d Stl33MID�Aq'LNY17'ICND�U9�eb7M9O 0&V2IOddOONI.LN3Wd073A30 JNINMNkI c 51611 i a w z� <I Q J J � J w z F-- O =oz x�? w � J >f N NCO yy� W WAS W ii�ZI C�[1 �K¢a SO N ~ W C U m V p s hoo g o 'j �F ;N Z8■ W Z �a2i LU wR f M 11m� w pwo Ow- C COM VOISOU =40'1 'c` nuns aeiaa Crw g Y1�3 t /l'kll'idYJ6�Dl1'IOWCM3�MYY1d Stl33MID�Aq'LNY17'ICND�U9�eb7M9O 0&V2IOddOONI.LN3Wd073A30 JNINMNkI c 51611 i a w z� <I Q J J � J w z F-- O =oz x�? w � J while the landscaping and open space for the entran a road from required vingstonpercent Road for and from the residential PUDs. The Master Plan also provides northern property line, which is part of the Green Boulevard extension. This road segment is not listed in the Transportation Element and is not funded for construction within the 5 Year Work Plan. J� -4" ", �1 SURROUNDING LAND USE AND ZONING: Existing: The entire 148.98 -acre site is zoned "A" Agricultural and has been previously farmed as shown in the aerial photograph below. a Surrounding: North - Green Boulevard Extension and the undeveloped Balmoral PUD that is approved for 23 6 units at 4 units per acre. East - To the east is the I -75 right -of -way and lands zoned "E" Estates. South - On the south side is the developed Wyndemere PUD that is approved for 634 units and at a density of 1.32 units per acre along with 18 holes of golf. West- To the west across Livingston Road is the Grey Oaks PUD that permits 1,136 units and a density of 0.77 units per acre along with 609 acres of golf 2 GROWTH MANAGEMENT PLAN CONSISTENCY: 16 11""11 1 `" The site is located within the Urban-Mixed Use District, Urban Residential Subdistrict as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (EXHIBIT `B "). Future Land Use Element: The Urban Residential Sub - district permits residential development along with a variety of unit types and at a base density of 4 DU /A. This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments in the form of a Planned Unit Development. Based upon the above analysis, staff concludes that the proposed 590 unit residential development at a density of 3.9 units per acre can be deemed consistent with the FLUE. Transportation Element: Staff has evaluated the potential transportation impacts of a 590 -unit residential project and has the following comments. The site - generated trips are estimated to be approximately 4,445 Weekday Trips based on a projected mix of 297 single - family and 293 townhouse /condominium dwelling units. The project will have a significant impact on Livingston Road at the site entrance but the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The project trips will not lower the operational level of service standards on any of the roadways within the influence area where the project has impacts of significance. Therefore, this petition is consistent with Policies 5.1 and 5.2, of the Transportation Element. Since the PUD Master Plan shows a secondary access point onto the Future Green Boulevard Extension, which is not listed in the County's 5 -Year Work Program, the applicant, either independently or in conjunction with the property owner to the north (the Balmoral PUD), may wish to construct Green Boulevard Extension from Livingston Road to the project entrance either as a private access roadway, or as a public roadway in exchange for road impact fee credits. Lastly, Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. Because the subject site abuts the developed Wyndemere PUD to the south, the proposed Green Boulevard extension to the north and I -75 to the east, no interconnection appears feasible. Conservation and Open Space: The PUD document indicates that the combination of landscape areas, lakes, water management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re- vegetation requirements of the LDC and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 97 -17. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above - prescribed course of action makes this petition consistent with this element of the GMP. 3 HISTORIC /ARCHAEOLOGICAL IMPACT: I Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 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. EVALUATION FOR ENVIRONMENTAL TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, along with the Transportation Department. Because the site has been previously cleared for agricultural purposes and the remaining wetland areas_ are preserved on -site, no Environmental Impact Statement (EIS) was required. The Environmental staff has developed conditions of approval that have been incorporated into the PUD -- document. As a result, this petition was not required to go to the Environmental Advisory Commission (EAC). The Transportation Department has also reviewed this petition from a transportation operations standpoint and they have the following recommendation that the petitioner has agreed to the following. The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid section line, approximately 4.5 acres, and the northernmost 100 feet width between the mid section line and I -75, approximately 5.3 acres. EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. A summary of each of the potential impacts or considerations identified during the staff review is listed under each of the criterion and culminates in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (See pages "8" and "12" of the staff report) Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: 4 -.,' "M , Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the north, south and west. Based on this consistency with the FLUE, staff is of the opinion that the proposed dwelling types are compatible with the future development proposed for this area. Relationship to Existing Land Uses: With respect to the matter of relationship to existing land uses and compatibility, this is an evaluation whose primary focus is similarity of land use. The petitioner's stated intent is to primarily construct single - family structures along with townhouse multi - family dwellings. This compares favorably with the surrounding land uses, which includes the undeveloped Balmoral PUD to the north approved at 4 units per acre and the existing Wyndemere PUD to the south. To the west is Livingston Road the Grey Oaks PUD that permits a total of 1,136 dwelling units at a density of 0.77 units per acre. To the north east lies is the Whippoorwill Woods PUD that is approved for 462 units at a density of 6.39 units per acre. Based on the existing approved developments in the area, staff is of the opinion that the proposed PUD is compatible subject to staff stipulations. The proposed dwelling units are integrated around the water- management lakes, landscape buffers and preserve areas as depicted on the PUD Master Plan. The PUD Document also limits the maximum height of the single - family detached and duplex units to a maximum height of 35 feet for the single - family units and 45 feet for the multi - family structures. This is the same height restriction that was approved for the Balmoral PUD. In addition, the proposed setbacks are 15 -feet in the front yard, 5 -feet for the side yard and a rear yard setback of 20 feet. The Balmoral PUD to the north requires a front yard setback of 15 feet with a side entry garage, a side yard setback of 6 -feet for the townhouse and zero lot line units and 20 feet for the rear yard setback. The proposed development strategy for this PUD permits a mix of dwelling types such as: single family, two family and multi - family dwelling housing structure types are generally compatible with the surrounding residential zoned properties. The petitioner has now agreed to provide development standards that are comparable with the adjacent developments including the provision for a side yard setback of 6 feet. Whippoorwill Lane Master Plan Study (EXHIBIT "C ") — Planning Services Staff recognizes the need to insure that a coordinated review of this project's impact along with the impacts of other proposed developments in the area are analyzed in a comprehensive way. In order to determine the overall stormwater drainage, traffic circulation and utility needs for the Whippoorwill Lane area to the north, a Master Plan has been prepared to study those areas of concern. Collier County has coordinated with the local property owners in developing the Master Plan for the construction of roadway, water, sewer and stormwater improvements. This project has been reviewed for consistency with the Draft Master Plan. Staff is of the opinion that the required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts in the area. This will be accomplished by a proposed construction of Whippoorwill Lane in two phases. The first phase shall be approximately 1,450 feet and shall terminate just beyond the intersection with Nighthawk Road. The second phase will extend from the terminus of Phase I to the entrance of Whippoorwill Woods. A future connection of this road with a possible future extension of Green Boulevard to Livingston Road will lessen the amount of traffic at the intersection of Livingston Road and Pine Ridge Road. 5 However, since the Green Boulevard is not listed in the County's Wor I?o t is n art of the Whippoorwill Lane Corridor Master Plan Study. Lastly, the site generated traffic produced by this project by itself does not exceed the threshold that supports a decision to deny or phase development even though the aggregate projects proposed in this area will have a significant impact on Pine Ridge Road. The subject petition is also consistent with the Master Plan in regards to utility infrastructure since both the public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. The water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County. In regards to stormwater management, this petition is consistent with the Draft Master Plan for the area and is also subject the permitting process of the South Florida Water Management District and the surface water management requirements invoked at the time of subdividing or SDP approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ -02 -AR -3095 subject the conditions of approval that have been incorporated in the PUD document. It should be noted that the petitioner has not agreed-to-'the following changes that staff has made to the PUD document. • A revision to Section 2.17.B.5 of the PUD document to limit the height of project entrance signs to 10 feet while the applicant has requested 20 feet. • A revision to Section 2.17.G.4 of the PUD document to limit the height of temporary signs to 10 feet above the finished ground level while the applicant has requested 20 feet. • A revision to Section 2.17.G.5 of the PUD document to limit the time the temporary signs may remain in place with permanent signage to 75 percent build -out of the project while the applicant has requested that the signs remain in place until the project is 99 percent built -out. • A revision to Table 3 -1 of the PUD document to require a side yard setback for Zero Lot Line projects to provide 0 feet on one side and 12 feet on the other side. The petitioner is requesting that the side yard setback be 0 feet on one side and 10 feet on the other side. PREPARED BY: RAY B LOWS, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: USAN MI RRAY, AICP, MANA R -- — - CURRENT PLANNING SECTION gT ERSTLE, AICP, DIRECTOR G SERVICES DEPARTMENT APPROVED BY: A: Y JO EPH K. SC MITT, AD STRATOR C MMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the April 17, 2003 CCPC meeting. KENNETH L. ABERNATHY, CHAIRMAN RVB /rb/STAFF REPORT/PUDZ -02 -AR -3095 7 1611' If - DATE VAIE /,.F- z3 ATE DAT REZONE FINDINGS 1611 PETITION PUDZ -02 -AR -3095 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Development Orders deemed consistent with all applicable elements of the Future land Use Element (FLUE) of the Growth Management Plan (GMP) should be considered a positive relationship. The proposed Livingston Village PUD development is in compliance with the FLUE of the GMP. 2. The existing land use pattern; The adjacent uses include single and multi - family residential to the west and the approved Balmoral PUD to the north. There is the developed residential Wyndemere PUD to the south (See Staff Report) 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the Growth Management Plan. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed Livingston Village PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed Livingston Village PUD is appropriate based on the permitted land uses and compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; 8 The proposed development standards (i.e. setbacks, landscaping and open space) made a condition of approval will go a long way towards offsetting any potential adverse influences and will not adversely influence living conditions in the neighboring developments. Furthermore, the conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This petition was approved by the Transportation Department subject to the conditions of approval as contained in the PUD Document. In addition, this project when developed will not excessively increase traffic congestion on the arterial road network. In the final analysis all rezone actions are subject to the Concurrency Management System. — -- 8. Whether the proposed change will create a drainage problem; The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what-would occur without development. However, as urban intensification in the absence of commensurate improvement to inter - county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. In summary, every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub - surface drainage generated by developmental activities as a condition of approval. The Livingston Village PUD was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts concerning the need to provide the required open space. The subject development standards are designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 9 10. Whether the proposed change will adversely affect proper values in the adjacent area; 9 ' luo us Typically urban intensification increases the value of con ig un tilized land. However, this is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to the Livingston Village PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan as follows. The Urban Residential Sub - district permits residential development along with a variety of unit types and at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non - residential uses, including mixed -use developments in the form of a Planned Unit Development. Based upon the above analysis, staff concludes that the proposed 590 unit residential development at a density of 3.9 units per acre can be deemed consistent with the FLUE. It should be noted that this FLUE designation is intended to encourage urban residential development 10 1611 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Livingston Village PUD is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. It is also consistent with the Future Land Use Element of the Growth Management Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. (See the Staff report for a more detailed review) 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The extent of site alteration will be determined as a function of obtaining a Site Development Plan and/or a preliminary subdivision plat approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi - disciplined team responsible for jurisdictional elements of the GMT has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS /AR- 3095/RVB /rb 11 FINDINGS FOR PUD 1.6 11` PUDZ -02 -AR -3095 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area of Collier County. Development of land that has legal access, and is adjacent to existing residential development is particularly suitable for a mixed dwelling type housing project as provided for in the Livingston Village PUD. Conversely, existing neighboring residents may perceive the proposed increase as intensification near their neighborhood as contributing factors to increasing noise, blocking views and reducing property values. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the proposed PUD document give assurance that all infrastructures will be developed and are consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with LOS relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Livingston Village PUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The subject PUD proposes for a mix of residential dwelling types, which is consistent with the GMP (See Staff report). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 12 The subject r `� � residential PUD provides criteria for a common 'tec design and development standards. In addition, landscaping has been provided to buffer the adjacent -residential developments. The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of lakes and open space separation. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed Livingston Village PUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation- is- not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those development standards for cluster housing. However, staff is recommending that the minimum side yard setback be 6 feet instead of the proposed 5 -foot side yard setback. 13 .r. MHOS WY7d HUSH and m Ir � uj W Q fA s W W H Ir Ix IL 0 M n Wa p ^W day p Q 6 J O g�1�0� 0 Ful Z ui C7 c EO xm" 7AMA= V. a�rr� v X mn arr u man »rn s nm,w�w Am a lsO-cKn" corrc roieau snarn z 3.unS 7A1a0 an316r.) r.I.r, g radrMnarsrewva IMIW =IAS UAW g o 03LVbOdM00N 1N3WdO73A30 ONINNV Id �s o -w A U c�J a � � � o EXHIBIT "B" 16 11`1 FUTURE LAND USE MAP URBAN - MIXED USE URBAN- MIXED USE ACTIVITY CENTER URBAN RESIDENTIAL 0 ACTIVITY CENTER GOODLETTE /_PINE­_Rf6GE GOLDEN GATE ESTATES - MIXED USE COMMERUAL INFILL RESIDENTIAL ■ 'BOULEVARD BEACH / COLLIER OVERLAYS AND SPECIAL FEATURES BOULEVARD COMMERCIAL AREAS OF ENVIRONMENTAL CONCERN BAREFOOT BEACH STATE PRESERVE DELNOR-WIGGINS STATE RECREATION AREA Cou L;_7� J- ( 2 TE (n vl - � PINE V • G lz GOLDEN MLESNAKE -�j SCALE 7-7 0 1 mi. 2 MI. 3 Mi. 4 MI. 5 MI. "a - - - - - _ - - - - -- - - - �0 !! (C;Fr o r_(-C a 7-- - - - - - - - - - - -7 -7- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fri -77 _j 7- 7- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II_- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1611 '1 1 It ' WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY I SUBMITTED TO: COLLIER COUNTY ENGINEERING SERVICES 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 I f PREPARED BY: WALDROP ENGINEERING, P.A. Q. GRADY MINOR & ASSOC.,.P.A. 10641 AIRPORT ROAD NORTH #32 3800 VIA DEL RAY NAPLES, FL. 34109 BONITA SPRINGS, FL 34134 EXHIBIT JUNE 2002 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY , 1611 TABLE OF CONTENTS INTRODUCTION UTILITY INTRODUCTION POTABLE WATER WASTEWATER TRANSPORTATION DRAINAGE MISCELLANEOUS EXHIBITS SECTION ONE SECTION TWO SECTION THREE SECTION FOUR SECTION FIVE SECTION SIX Location Map Aerial Collier County Zoning Atlas WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY i SECTION ONE: INTRODUCTION The Whippoorwill Lane Corridor Master Plan Study has been prepared for the purpose of evaluating the minimum required infrastructure facilities for the study area. Analyses have been prepared to address the infrastructure needs for Potable Water, Wastewater, Transportation, and Drainage. Four of the Planned Unit Developments are responsible for the preparation of this Master Plan Study. The Planned Unit Developments are: • Whippoorwill Lakes • Arlington Lakes • Whippoorwill Pines ❑ Whippoorwill Woods This Master Plan Study was a requirement within the PUDs for Whippoorwill Lakes, Arlington Lakes, and Whippoorwill Pines. Whippoorwill Woods has joined the other PUDs in contributing to this study because they realize the benefits the study will have on the development of this area. In addition to the Master Plan Study, the PUDs have agreed to enter into a Developer's Agreement that will establish the guidelines for developing the required infrastructure as discussed in this study. Therefore, the primary focus of this Master Plan Study focuses on the infrastructure along Whippoorwill Lane. The Whippoorwill Lane Corridor area consists of existing properties, properties slated for imminent development, and properties to be developed in the future. The study area comprising approximately 578± acres of varying ownership and zoning designation, lies within northern Collier County (Section 18, Township 49 South, and Range 26 East) and is located immediately south of the Pine Ridge Road right -of -way, east of the Livingston Road right -of -way, west of the Interstate 75 right -of -way, and north of the Kensington Canal. The projects have been identified on the exhibits within this study. The following sections have detailed information pertaining to the evaluation of the potable water, wastewater, transportation, and drainage systems within the Master Plan Study area. 1 -1 1 �- WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUD 6�1 SECTION TWO: UTILITY INTRODUCTION Utilities Introduction: The Whippoorwill Lane Corridor Master Plan Study has been implemented in an effort to determine the potable water and wastewater infrastructure facilities required to support existing and future development of the properties located within the study area. The study area along with the existing and proposed utilities are shown in Exhibit 2 -1. The criteria for analyzing the water and wastewater systems for the study area was established in the Collier County Government Public Utilities Engineering Department 2001 Water Master Plan Update and the Collier County Government Public Utilities Engineering Department 2001 Wastewater Master Plan Update prepared by Greeley and Hansen, LLC. The criteria for the potable water system is as follows: Per Capita Flow 185 gpcd People per Dwelling Unit 2.3 ppdu Maximum Day Flow Factor 1.3 Peak Factor Ten States Standard Fire Flow 1500 gpm(residential) Minimum Pressure @ Max Day with Fire Flow 40 psi The criteria for the wastewater system is as follows: Per Capita Flow 145 gpcd People per Dwelling Unit 2.3 ppdu Peak Factor Ten States Standard This criteria was applied to the zoning parameters of the study area to establish the system demands. For the parcels that did not have established unit counts based on zoning, a zoning density of six (6) dwelling units per acre was applied. This density is consistent with the existing PUDs in the study area. Hydraulic analyses were prepared to evaluate the performance of the future utilities within the study area. It is assumed that irrigation for these developments will be provided by another source other than the Collier County potable water system. The following two sections provide the details of the analyses used to evaluate the water and wastewater systems. 2 -1 111'7 e Z WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY WATER & SEWER /ME RIDGE ROAD ROW - NNPD I I I PL*1E / I►us WM 171 ao _— .Ir V L _ r TA SUTHERLAND PUD • \ ZBERT RIDGE I ' PINE PINE VIEW ' II cGOLF I WEST 1 � F.M. RIDGE I cTR I `,Jil AG. I EX. 12• W.M. SEA GATE BAPTIST ` CHURCH I ` 19." +/. An. 1 HOSPICE HOUSE OF NAPLES I 10.80 +N A L BRYNWOOD PRESERVE 29.26 A.. a. 1 HORSE PARM 20.00 +/- Ae. SINIGLE FAiIII.Y I e°c l o' ►'I I Ca 18.7 + / -An. n, z II (330 DU'e served by I OSED i' F.M. 1 II the uvlocated m. Road ROW) WHIPPOORWILL LA 76.83 As. !� / 318 Unite 1 -75 ROW PUD D.ntlq 6.74 / Ac. II I I 1 I i PROPOSED 12• N.M. ' its ! r 1 iky 6.06 ! WMP}OORW'ILL / DEI V, I60 LO PINES/ // 1 1 12�► 1 I r......d dP' loeab6 wllLin.-'! j /233 Aa� / +l- e. Diu I... ROW)i .. i ►>o uow .000 D +f<7 600 / Ae. /` I I I I I —i— _ _ _ sI I NOTE EVEL —� 9f •�0 +I- I��I I "'S ' ALL] I MAI T I 1 11 I PARC E 2 -'% 7EA MINATION Of TE iII NNUS 01 10 _ ' P.M. i ( I CO1 WH PppOO1f,WILL ' �.'•� e I 3.92)0. _ I PHASE f Us as I 1 1 1 PUD Dsnsiry 5.31 / Ae. I PHASE • PHASE KENSINGTON CANAL LTVDIGSTON VILLAGE 1 HORSE PARM 20.00 +/- Ae. I EX. FPL EASEMENT (170') i,— " IIINATION OF 2' I rr OSED i' F.M. BALMORAL / ALEXANDRIA I j 39.20 +/. Ac. I II I II I PHASE 7 LOOP 12' W.M. - -- - — PHASE 3 LOOP J WHIPPOORWILL LA 76.83 As. !� / 318 Unite 1 -75 ROW PUD D.ntlq 6.74 / Ac. II I I 1 I i PROPOSED 12• N.M. ' its ! r 1 iky 6.06 ! WMP}OORW'ILL / DEI V, I60 LO PINES/ // 1 1 12�► 1 I r......d dP' loeab6 wllLin.-'! j /233 Aa� / +l- e. Diu I... ROW)i .. i ►>o uow .000 D +f<7 600 / Ae. /` I I I I I —i— _ _ _ sI I NOTE EVEL —� 9f •�0 +I- I��I I "'S ' ALL] I MAI T I 1 11 I PARC E 2 -'% 7EA MINATION Of TE iII NNUS 01 10 _ ' P.M. i ( I CO1 WH PppOO1f,WILL ' �.'•� e I 3.92)0. _ I PHASE f Us as I 1 1 1 PUD Dsnsiry 5.31 / Ae. I PHASE • PHASE KENSINGTON CANAL LTVDIGSTON VILLAGE WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY 6 SECTION THREE: POTABLE WATER Potable Water Introduction The Whippoorwill Lane Corridor Master Plan Study has been implemented in an effort to determine the potable water infrastructure facilities required to support existing and future development of properties in the study area. This section will discuss existing conditions and the future conditions for the potable water system based on the criteria outlined in Section Two. Existing Conditions An existing 12" water main is located within the existing Whippoorwill Lane right -of- way. This water main has been extended to serve the first phase of Whippoorwill Lakes PUD. This water main is an extension of and connected to the Collier County owned and - maintained water distribution system located within the Pine Ridge Road right -of way. An existing 16" water main is located within the Pine Ridge Road right -of -way and an existing 16" water main is located within the Livingston Road right -of -way. Reference Exhibit 2 -1 for the location of these existing water mains. In the hydraulic models, the connection point for the Whippoorwill Lane water main is shown at the 16" water main along Pine Ridge Road. The pressure at this point of connection was assumed to be 65 psi. This pressure was assumed based on the information obtained from the Collier County Government Public Utilities Engineering Department 2001 Water Master Plan Update. This update indicated that the pressures along Pine Ridge Road will be as follows: Scenario 2006 2021 Peak Demand Hydraulic Model 76 psi 73 psi Average Demand Hydraulic Model 79 psi 80 psi The assumed connection pressure is lower than the anticipated pressures from the Master Plan update. In addition to the Master Plan information, a fire flow test that was conducted at the existing 12" water main along Whippoorwill Lane yielded a static pressure of 90 psi. Proposed Conditions The hydraulic analyses for the potable water system were based on the criteria outlined in Section Two. The following phases show that a 12" water main will adequately serve the study area. Also, the study area was divided into three phases. The phases are as follows: Phase One — Extend 12" water main to the northern boundary of Whippoorwill Pines to serve Whippoorwill Lakes, Arlington Lakes, Future Development Area 1, and Whippoorwill Pines. 3 -1 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY Phase Two — Extend 12" water main to northern boundary at Whippoorwill Woods to serve Future Development Area 3 and Whippoorwill Woods. Extend 12" water main along Nighthawk Drive to serve Future Development Area 2. Phase Three — Loop 12" water main from Whippoorwill Lane to existing 16" water main along Livingston Road. Reference Exhibit 2 -1 for the overall plan showing the developments, utility sizes and locations, and the phasing schedule. Phase One Phase One involves extending the 12" water main to the terminus point at the northern boundary of Whippoorwill Pines. The Phase One hydraulic analysis includes the existing developments along: _- Whippoorwill Lane that are served by the existing 12" water main in addition to the proposed developments for Arlington Lakes, Future Development Area 1, Whippoorwill Lakes, and Whippoorwill Pines. The maximum day demands were modeled with a fire flow of 1500 gpm at the terminus point of the Phase One water main. With this fire flow condition, the minimum pressure in the water main hydraulic model is 55.6 psi. Therefore, the water main extension for Phase One will adequately serve the developments. Reference Exhibit 3 -1: Hydraulic Analysis - Phase One with Fire Flow at Whippoorwill Pines. Phase Tw6 Phase Two involves extending the 12" water main to the terminus point at the northern boundary of Whippoorwill Woods and extending the 12" water main along Nighthawk Lane to serve the Future Development Area 2. The Phase Two hydraulic analysis includes the existing and the Phase One developments along Whippoorwill Lane in addition to the proposed developments for Future Development Area 2, Future Development Area 3, and Whippoorwill Woods. The maximum day demands were modeled with a fire flow of 1500 gpm at the terminus point of the Phase Two water mains. One terminus point is at the Future Development Area 2 and the other terminus point is at the northern boundary of Whippoorwill Woods. With the fire flow condition at the Future Development Area 2, the minimum pressure in the water main hydraulic model is 49.5 psi. With the fire flow condition at the northern boundary of Whippoorwill Woods, the minimum pressure in the water main hydraulic model is 48.8 psi. Therefore, the water main extension for Phase Two will adequately serve the developments. 3 -2 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY 1611 Reference Exhibit 3 -2: Hydraulic Analysis - Phase Two with Fire Flow at Future Development Area 2 and Exhibit 3 -3: Hydraulic Analysis - Phase Two with Fire Flow at Whippoorwill Woods. Phase Three Phase Three involves looping the 12" water from Whippoorwill Lane to the existing 16" water main at Livingston Road. Looping of the water main system will improve the pressures and water quality within the potable water system. By adding the looped water main, the pressure within the 12" water main will increase by approximately 11 psi at the junction with the fire flow demand. The potable water system has been modeled to provide a minimum of 40 psi in the transmission main along Whippoorwill Lane during a fire flow condition with maximum day flow demands. The worst case fire flow scenario is at the entrance of Whippoorwill Woods. The pressure at this junction with a 1500 gpm fire flow is 48.8 psi. Looping of the water main system will be required if the development's internal water main system cannot maintain the minimum pressure of 20 psi during fire flow conditions. Since the final design details within the developments are not known at this time, Collier County will need to monitor the potable water system as developments come online. It is suggested that the looping of the water main be considered and determined during the Collier County construction improvements review and approval process with an emphasis on using up -to -date system pressures and actual flows. Reference Exhibit 3 -4: Hydraulic Analysis - Phase Three (Water Main Loop To Livingston Road). 3 -3 e 9 p� 3 6 1511' ' f P NIKKEI[ 11111 I�MiN. MEN lie I MEN mommom MORIMMOMEMOMME MENEM ME Ills owl ONEMMU limilloilligoillilillllim ESERT GOLF CENTER 1 NNFO IIRYNW OOD PRESERVE Scenario: Base PHASE 1 FIRE FLOW ANALYSIS 1o11'j 18' WAA. SOURCE Bar■Son: 150.1511 (�- RNE RIDGE ROAD ROW 7.- 7 d j I 11 i —1 I l i I e SUTHERLAND PUD di 1 FINE PINE RNE VIEW i ,i RIDGE RIDGE CTR. 0 CIA. CHURCH WEST I I F Oom.M :4.50 GPM R. sun:92.T7pr AG. SEA GATE $APTI ST IdY CHU RCN . _ HOSPICE Domand :2.70 R•sun:90.3_OPT_.; Pr' d 0 V1M PP00 RWI LL LAKES OPM HOSPICE HOUSE OF NAPLES b amend :198.00 Freese.: d s9.93 pal FUTURE AREA t URE FUTOP ENT Demand :23.00 fpm0 AREA t Pressure: 58AS pr II IH^ 7 d� WHIPPOORWILL LAKES ARLINGTON LAKES � 3 Dame nd :99.80 GPM Resure: 59.04 Pr I I� W Id 1 -7SROW I O 9NGLE FAIL I I C < < AREA 2 CONN. r Z ARUNGTON LAKES d • VVH` �O ORWILL PINES iDeffleed : 1 ,59 f.10 GPM o Raun: 85.{1 pr Pr.. 2 FUTURE j WHIPPOORWILL DEVELOPMENT I RNE$ AR EA2 NORSE FARM 20.0 0 1- Ae. FUTURE DEVELOPMENT AREA 3 WHIPPOORWILL WOODS 1 eALMORAL IALEXANDRIA KENSINGTON CANAL LIVINGSTON VILLAGE Q Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. dA..Vire x 2001(phase 1)6- 14-02.wod Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 06/14/02 08:20:28 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1866 Page 1 of 1 Scenario: Base Steady State Analysis Pipe Report 1 r Label Length (ft) Diametei (in) Materia Hazen- Williams C Discharge (gpm) Pressure Pipe Headlos (ft) Headloss Gradient (ft/1000ft Velocity (ft/s) P -1 10.00 24.0 PVC 150.0 1,898.20 0.00 0.22 1.35 P -2 527.00 12.0 PVC 120.0 1,898.20 5.08 9.63 5.38 P -3 578.00 12.0 PVC 120.0 1,893.70 5.54 9.59 5.37 P-4 106.00 12.0 PVC 120.0 1,891.00 1.01 9.57 5.36 P -5 319.00 12.0 PVC 120.0 1,692.00 2.48 7.79 4.80 P -12 247.00 12.0 PVC 120.0 1,669.00 1.87 7.59 4.73 P -13 744.00 12.0 PVC 120.0 1,569.10 5.04 6.77 4.45 P -14 86.001 12.01 PVC 1 120.01 1,569.101 0.581 6.771 4.45 Tdle: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:l.Afire cc 2001(phase 1)6- 14- 02.wod Waldrop Engineering, P.A WaterCAD v5.0 (5.0032] 06/14/02 07:27:49 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1 -203- 755 -1666 Page 1 of 1 RIM Scenario: Base Steady State Analysis Junction Report 111'' Label Base Flow (gpm) Calculated Hydraulic Grade (ft) Pressure (psi) Pressure Head (ft) WHIPOORWILL PINES 1,569.10 128.54 55.61 128.54 AREA 2 CONN. 0.00 129.12 55.86 129.12 ARLINGTON LAKES 99.90 134.16 58.04 134.16 FUTURE AREA 1 23.00 136.03 . 58.85 136.03 WHIPPOORWILL LAKES 199.00 138.51 59.93 138.51 HOSPICE 2.70 139.53 60.37 139.53 CHURCH 4.50 145.07 62.77 145.07 J -1 I 0.00 1 150.151 64.961 150.15 Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:%..lAre cc 2001 (phase 1)6- 14-02.wod Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 06/14/02 07:28:06 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1 -203- 755 -1866 Page 1 of 1 m� a t r i i i i Scenario: Base PHASE 2 FIRE FLOW ANALYSIS O C 0 a 2 °o Z 2 ERYNW000 i AR EA 1 ft. -u n: 57.3 ': 16• W.M SOURCE de WHIPPOORWILL s" Bw■9en: 150.1511 �- ! i LAKES jPr.- d : 1 77.90 fpm R NE R IOG E ROAD ROW +1- Resun: 50.30 pr � II i J, d I it I AMOLE FAI ILY He SUTHERLAND PUD I !d NNFO , 0 Ii :! AR EA2CONN. FL IS PINE NE • s R RIDGE NE PINE I NE VIEW GOLF CT. RIDOE • . CENTER WEST CTR- CHURCH ! $ WHIPPOORWILL 1 D.m■nd :4.50 fpm i �. R..un: 02.23 Pr 3 I Ro SEA GATE EAPTt ST do CHURCH � � HOSPICE I � :� D.m■nd :2.70 m• d w.saun: sf.2�r♦ G •i10 M IPa OO WILL LAKES H OSPICE MOUSE OF NAPLES opm d R.mun: $8.71 pr 1 FUTURE FUTUREAR EAI° l 1 DEVELOPMENT D--d :23.00 f O C 0 a 2 °o Z 2 ERYNW000 i AR EA 1 ft. -u n: 57.3 ': PRESERVE de WHIPPOORWILL s" ARLI N LAKES ,• ! i LAKES jPr.- d : 1 77.90 fpm D.m■nd :9f f0 fpm �we�.n:sa.afpr Resun: 50.30 pr � II i I it I AMOLE FAI ILY I !d Ii :! AR EA2CONN. FL IS • s MtUNG TONLAILES d V," POORWILL PINES .D.mend : f f.t 0 ppm Rerun: sa.4f pr ! $ WHIPPOORWILL 1 PI NES dd tt NORSE FARM 20.00 •I- A.. SAL MORAL I AL EXANO RIA J-e KENSINGTON CANAL LIVINGSTON VILLAGE WHIPPOORWILL WOODS REAREA2 ,d:1.534.0C a P. m :4 9.5 4 P r FUTURE DEVELOPMENT AREA 2 M 1-75 ROW r Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:l..N ire cc 2 fut2 2001 6- 14-02.wod Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 06/14/02 08:21:06 AM 0 Haestad Methods, Ina 37 Brookside Road Waterbury, CT 06708 USA +•1- 203 - 755 -1666 Page 1 of 1 6.ona:22.909pn One FUTURE e�un. $3.40pr DEVELOPMENT de AR EAa s" 'NMPPOORWILL WOODS IT jPr.- d : 1 77.90 fpm �we�.n:sa.afpr J-e KENSINGTON CANAL LIVINGSTON VILLAGE WHIPPOORWILL WOODS REAREA2 ,d:1.534.0C a P. m :4 9.5 4 P r FUTURE DEVELOPMENT AREA 2 M 1-75 ROW r Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:l..N ire cc 2 fut2 2001 6- 14-02.wod Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 06/14/02 08:21:06 AM 0 Haestad Methods, Ina 37 Brookside Road Waterbury, CT 06708 USA +•1- 203 - 755 -1666 Page 1 of 1 0 s e i i Scenario: Base Steady State Analysis � Pipe'Report Label Length {ft) iamete (in) Material Hazen- William C Discharge (gpm) Pressure Pipe lHeadlosE(ft/1000ft (ft) Headloss Gradient Velocity (ft/s) P -1 10.00 24.0 PVC 150.0 2,134.40 0.00 0.27 1.51 P -2 527.00 12.0 PVC 120.0 2,134.40 6.31 11.97 6.05 P -3 578.00 12.0 PVC 120.0 2,129.90 6.89 11.92 6.04 P-4 106.00 12.0 PVC 120.0 2,127.20 1.26 11.90 6.03 P -5 319.00 12.0 PVC 120.0 1,928.20 3.16 9.92 5.47 P -7 925.00 12.0 PVC 120.0 200.20 0.14 0.15 0.57 P-8 359.00 12.0 PVC 120.0 177.60 0.04 0.12 0.50 P -9 1,179.00 12.0 PVC 120.0 0.00 0.00 0.00 0.00 P -12 247.00 12.0 PVC 120.0 1,905.20 2.40 9.70 5.40 P -13 744.00 12.0 PVC 120.0 1,805.30 6.53 8.78 5.12 P -14 86.00 12.0 PVC 120.0 269.30 0.02 0.26 0.76 P -15 1,396.001 12.01 PVC 1 120.01 1,536.001 9.091 6.511 4.36 Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:1...Vire cc 2 fut2 2001 6- 14 -02.wod Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 06/14/02 07:31:12 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 Scenario: Base Steady State Analysis Junction Report Label Base Flow (gpm) Calculated Hydraulic Grade (ft) Pressure (psi) Pressure Head (ft) FUTURE AREA 2 1,536.00 114.51 49.54 114.51 J -9 0.00 123.39 53.39 123.39 WHIPPOORWILL WOODS 177.60 123.39 53.39 123.39 FUTURE AREA 3 22.60 123.44 53.40 123.44 WHIPOORWILL PINES 69.10 123.57 53.46 123.57 AREA 2 CONN. 0.00 123.60 53.47 123.60 ARLINGTON LAKES 99.90 130.13 56.30 130.13 FUTURE AREA 1 23.00 132.52 57.34 132.52 WHIPPOORWILL LAKES 199.00 135.69 58.71 135.69 HOSPICE 2.70 136.95 59.25 136.95 CHURCH 4.50 143.84 62.23 143.84 J -1 1 0.001 150.151 64.961 150.15 Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:% ..%fire cc 2 fut2 2001 6- 14- 02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 06/14/02 07:31:01 AM m Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 Scenario: Base PHASE 2 FIRE FLOW ANALY313 16 W.M. SOURCE SOV010n: 150.15 ft HORSE FARM 20.00 •1- Aa. 3 R HE R 100 E ROAD ROW d di AREA i IPPOORWILL WOODS 11 Demand : 1,07 7.00 Ppm ROmPN: 40.03 Pr J_�yn SUTHERLAND PUD NNF D d e EBERT PI NE RIDGE RME . PINE VIEW i GOLF CTR RIDGE CENTER WEST CTR. II Demand :1.30 Dom 1 ROwun:8227 pN 1 ! A%• IFfp SEA GATE 6APT 5T 1 'd ei CHURCH '1 I ffi HOSPICE Demand :2.70 ppm d e Re�uN:502S pf: WHIPPOORWILL LAKES,' HOSPICE HOUSE Of NAPLES f V7 Demand : 155.00 op. ! d NO "mm: 50.71 Pd FUTURE FUTURE AR EAI amend :2].a 00pm 0 DEVELOPMENT Prase0N :57.3e Pd mtYNWOOD PRESERVE AREA 1 de WHIPPOORWILL ARLINGTON LAKES 3 LAKES III Demand :05.000pm ii Prewv m:SS.30pd I 1 I 1-73 ROW i id 1, 3 ' I 1 KSI??LE FAJILY 1 ' AREA 2 CONN. R1S D�maM E30�.00 y w� ` C PROS. N:S347 i Z ARLINGTONLAKES d IPOORWILL PINES IIDOma IWFI nd : 0 0. f 0 P pm e0 O IAO"PN: 53,10pd Z 3 WHIPPOORWILL DEVELOPMENT A �=PINES AREA2 3 HORSE FARM 20.00 •1- Aa. 3 bOma n0 22.00 Ppm M^ FUTURE ONON:50.02 P11 DEVELOPMENT di AREA i IPPOORWILL WOODS Demand : 1,07 7.00 Ppm ROmPN: 40.03 Pr WHIPPOORWILL WOODS SAL MORAL /AL EXANORIA KENSINGTON CANAL ' LIVINGSTON VILLAGE fiide: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. r7:X•.Viire cc 2 woods 2001 6- 14 -02mod Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 98/14/02 08:22.26 AM ® Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 Scenario: Base Steady State Analysis Junction Report 1611 1 Label Base Flow (gpm) Calculated Hydraulic Grade (ft) Pressure (psi) Pressure Head (ft) WHIPPOORWILL WOODS 1,677.60 112.85 48.83 112.85 J -9 0.00 112.85 48.83 112.85 FUTURE AREA 3 22.60 115.60 50.02 115.60 WHIPOORWILL PINES 69.10 122.87 53.16 122.87 FUTURE AREA 2 36.00 123.59 53.47 123.59 AREA 2 CONN. 0.00 123.60 53.47 123.60 ARLINGTON LAKES 99.90 130.13 56.30 130.13 FUTURE AREA 1 23.00 132.52 57.34 132.52 WHIPPOORWILL LAKES 199.00 135.69 58.71 135.69 HOSPICE 2.70 136.95 59.25 136.95 CHURCH 4.50 143.84 62.23 143.84 J -1 1 0.001 150.151 64.961 150.15 Title: Whippoorwill Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:% ..%Are cc 2 woods 2001 6- 14-02.wcd Waldrop Engineering, PA WaterCAD v5.0 [5.0032) 06/14/02 07:29:22 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 i b Scenario: Base Steady State Analysis Pipe 'Report Label Length (ft) Diametei (in) Material Hazen- Williamc C Discharge (gpm) Pressure Pipe Headlos (ft) Headloss Gradient (ft/10001t Velocity (ft/s) P -1 10.00 24.0 PVC 150.0 2,134.40 0.00 0.27 1.51 P -2 527.00 12.0 PVC 120.0 2,134.40 6.31 11.97 6.05 P -3 578.00 12.0 PVC 120.0 2,129.90 6.89 11.92 6.04 P-4 106.00 12.0 PVC 120.0 2,127.20 1.26 11.90 6.03 P -5 319.00 12.0 PVC 120.0 1,928.20 3.16 9.92 5.47 P -7 925.00 12.0 PVC 120.0 1,700.20 7.27 7.86 4.82 P-8 359.00 12.0 PVC 120.0 1,677.60 2.75 7.66 4.76 P -9 1,179.00 12.0 PVC 120.0 0.00 0.00 0.00 0.00 P -12 247.00 12.0 PVC 120.0 1,905.20 2.40 9.70 5.40 P -13 744.00 12.0 PVC 120.0 1,805.30 6.53 8.78 5.12 P -14 86.00 12.0 PVC 120.0 1,769.30 0.73 8.46 5.02 P -15 1,396.001 12.01 PVC 1 120.01 36.001 0.011 0.011 0.10 1611' Title: Whippoorwill Lane Corridor Study Potable Water Pro)ect Engineer Sean Robert Weeks, P.E. d:l..lfire cc 2 woods 2001 6- 14- 02.wod Waldrop Engineering, P.A WaterCAD v5.0 [5.0032) 06/14/02 07:30:17 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1866 Page 1 of 1 i i i i i I I 1 LIV W.M. SOURCE Pill 11 —fi •: 1110.111 R J -10 Scenario: Base 16 �1 PHASE 3 FIRE FLOW ANALYSIS 16' W.M. SOURCE EN. Mir•: 1110.111" J -9 M!N $IMO TOM CANAL LIVING$TON VILLAGE Title: Whippoonwfll Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. dA..Vire 3 cc 2001 6- 14 -02.wcd Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 08/14/02 08:21:47 AM m Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 FINE RIDGE ROAD ROW * Y J -1 - SUTHERLAND FUD •� MMFD d [S!RT FIN AID [ f FINE PIN C via W GOLF CTR. RIOOE Cl NToA was CTR. CHURCH � AG. i!A GAT! E AF WS T CH URCN + HOSPICE d Du rr1 :l.TO N+ r 83.01 .1 in WHIPPOORWILL LAKES HOSPICE NOUSEOFNA►LES C D. +w1:10S.000r+ P.. wn: u.SO rn FUTURE FUTURE AREA 1 $R YNWOOD DEYELOFYENT . +.rr:77.11nN AREAI I on .•.n: S7.l1 r.� PRESERVE T �.. � WNIFFOORWILL LA K!$ l ARLINGTON LAKES ' 1 j Fr•••.n: N.77 Pi � I 0011 Row d i e SIN GLIFAN I" FUTURE ARE_ A 2 11 c `o AREA2 CON P -15 ra...wn: a ARLINGTON LAKES LL 'Dr.w1 :1S.l0nN e - FUTURE = _ WNII /O ORwIIL 011 YELO FYI AT - PIN ES AREA I NO RSE FAR Y 70.00 • /•A.. FUTURE AREA 3 wrUR! D•+w0 :22.0410. O� Fn.Nn: 10.71 r•I DEVELOPMENT IL IL AREA 7 WHIPPOOR WILL WOODS :1,177.10 1r+ •..A! .•/.: usA r.I wN IFFO ONwILt W OOD$ SAlYO RAL ! AIfE AN DRIA ,j J -9 M!N $IMO TOM CANAL LIVING$TON VILLAGE Title: Whippoonwfll Lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. dA..Vire 3 cc 2001 6- 14 -02.wcd Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 08/14/02 08:21:47 AM m Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 1611 l� Scenario: Base Steady State Analysis Junction Report Title: Whippoorwill lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:l..%Are 3 cc 2001 6- 14-02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.00321 06/14/02 07:32:00 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 Base Flow (gpm) Calculated Hydraulic Grade (ft) Pressure (psi) Pressure Head (ft) SODS 1,677.60 139.93 60.54 139.93 22.60 140.50 60.79 140.50 S 69.10 142.06 61.46 142.06 36.00 142.22 61.53 142.22 0.00 142.23 61.54 142.23 0.00 143.14 61.93 143.14 99.90 143.83 62.23 143.83 23.00 144.49 62.51 144.49 ES 199.00 145.37 62.90 145.37 2.70 145.79 63.08 145.79 4.50 148.06 64.06 148.06 0.00 150.15 64.96 150.15 0.001 150.151 64.961 150.15 Title: Whippoorwill lane Corridor Study Potable Water Project Engineer. Sean Robert Weeks, P.E. d:l..%Are 3 cc 2001 6- 14-02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.00321 06/14/02 07:32:00 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1- 203 - 755 -1666 Page 1 of 1 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION FOUR: WASTEWATER 1 /' -" . Wastewater Introduction 01 y .. The Whippoorwill Lane Corridor Master Plan Study has been implemented in an effort to determine the wastewater infrastructure facilities required to support existing and future development of properties in the study area. This section will discuss existing conditions and the future conditions for the wastewater system based on the criteria outlined in Section Two. Existing Conditions An existing 10" forcemain is located within the existing Whippoorwill Lane right -of- way. This forcemain has been extended to serve the first phase of Whippoorwill Lakes PUD. This forcemain is an extension of and connected to the Collier County owned and maintained wastewater transmission system located within the Pine Ridge Road right -of way. An existing 16" forcemain is located within the Pine Ridge Road right -of -way. This existing 16" forcemain will also be utilized by the developments along the Livingston Road right -of -way. Reference Exhibit 2 -1 for the location of these existing forcemains. In the hydraulic models, the connection point for the Whippoorwill Lane forcemain is shown at the 16" forcemain along Pine Ridge Road. The pressure at this point of connection was assumed to be 92.5 feet of head (40 psi). This pressure was assumed based on the information obtained from the Collier County Goverment Public Utilities Engineering Department 2001 Water Master Plan Update. This update indicated that the pressures along Pine Ridge Road will be as follows: Scenario 2006 2021 Peak Demand Hydraulic Model 40 psi 46 psi Proposed Conditions A hydraulic model was prepared to analyze the peak build -out demands within the proposed forcemain along Whippoorwill Lane. An extension of the 10" forcemain along Whippoorwill Lane will provide adequate capacity for the wastewater system. The extension of the forcemain will occur in two phases: Phase One Phase One involves extending the 10" forcemain to the terminus point at the northern boundary of Whippoorwill Pines. 4 -1 i WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUD N,, Phase One includes the existing developments along Whippoorwill Lane that are served by the existing 10" forcemain in addition to the proposed developments for Arlington Lakes, Future Development Area 1, Whippoorwill Lakes, and Whippoorwill Pines. Reference Exhibit 4 -1: Hydraulic Analysis — Whippoorwill Lane Forcemain Y Y PP Phase Two Phase Two involves extending the 10" forcemain to the terminus point at the northern boundary of Whippoorwill Woods. Phase Two includes the existing and the Phase One developments along Whippoorwill Lane in addition to the proposed developments for Future Development Area 2, Future Development Area 3, and Whippoorwill Woods. Reference Exhibit 4 -2: Hydraulic Analysis — Whippoorwill Lane Forcemain Livingston Road Forcemain The developments along Livingston Road will be served by a proposed 8" forcemain within the Livingston Road right -of -way. The forcemain will connect to the existing 16" forcemain along Pine Ridge Road. The design and approval of this 8" forcemain was previously coordinated with Collier County Public Utilities Engineering Department. The wastewater flows were estimated and compared to the velocities of different size pipes. The estimated flows have been updated to reflect the latest information for this area. The spreadsheet shows that an 8" forcemain is adequate to serve the peak build -out demands for the Livingston Road developments. Reference Exhibit 4 -3: Hydraulic Analysis — Livingston Road Forcemain Downsizing of the proposed force main is possible, but cannot be accurately determined at this time. It is suggested that downsizing be considered and determined during the Collier County construction improvements review and approval process with an emphasis on using up -to -date system pressures and actual flows. 4 -2 I' I I I I Q N 2 ELU I� I g 3 w 3 I S _J 0 0 a a 1611 '] r� i a ''WiYII�I�NMNI�II � � iuimni �,191�IE�1 @I�I�IIII � i DIriYllml mom ME 0 I��il mll 1611 '] r� i a i i i 3 0 0 qO F R O Z Scenario: Base 16 11 4' EX. 16" F.M. e..80.n: 92.48 0 40 psi PINE RIDG E ROAD ROW a • J-1 � I 1 NWO I I N as SUTHERLAND PUO i 1 N jI PINE a a EBERT I I I RIDGE PI NE NNE VIEW 3 RIDGE i CENTER I WEST I CTR•. • Pr—m:4 H 8 psi lnl w.11.70 Spm � AG a SEA GATE BAPTIST is CHURC H c w HOSPICE - Pronam:45.52 psi In$".7.009pm j HOSPICE HOUSE OF NAPLES WHIPPOORWILL LAKES d Pl- -46.25 pi Infi— .402.60 9pm FUTURE FUTURE AREA 1 t DEVELOPMENT P1.a—:46.03pi c BRYNWOOD AREA 1 In6.s. -46.70 9pm 1D PRESERVE a'G WHIPPOORWILL ARLINGTON LAKES 3 LAKES Ff. —n: 4 7.5 4 pi Int— . 202.20 9pm SINGLE FAMILY a FUTURE AREA 2 c Pr*MUM: 46.33 pi Co. MR— -72.60 Op m ARLINGTON LAKES dti 3 WHIPPOORWILL P PI.aun: 40.51 Pi In9.w - 140.00 9pm WHIPPOORWILL N NES HORSE FARM 20.00 •L A.. DAL MORAL /ALEXANDRIA = FUTURE AREA 3 FUTURE I Pr* ru m: 49.09 Pi DEVELOPMENT In6.w -45.70 9pm AREA 3 CL_ 3 WHIPPOORWILL WOODS N.aum: 4922 pi Inf!" .35 9.60 9 pm WHIPPOORWILL WOODS NEM31HOTON CANAL LIVINGSTON VILLAGE FUTURE DEVELOPMENT AREA 2 1 1 11 1.75 ROW Title: Whippoorwill Lane Corridor Study Sewer Project Engineer. Sean Robert Weeks, P.E. &L-Whip master sewer cc 2001 6- 14- 02.wcd Waldrop Engineering, P.A WaterCAD v5.0 [5.0032] 06/14/02 08:23:14 AM ® Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1_203- 755 -1666 Page 1 of 1 Scenario: Base Steady State Analysis Junction Report 1611 Label Base Flow (gpm) Calculated Hydraulic Grade (ft) Pressure (psi) Pressure Head (ft) J -1 0.00 92.48 40.01 92.48 CHURCH 11.70 98.87 42.78 98.87 HOSPICE 7.00 105.20 45.52 105.20 WHIPPOORWILL LAKES 402.80 106.97 46.28 106.97 FUTURE AREA 1 46.70 108.47 46.93 108.47 ARLINGTON LAKES 202.20 109.87 47.54 109.87 FUTURE AREA 2 72.80 111.71 48.33 111.71 WHIPPOORWILL PINES 140.00 112.13 48.51 112.13 FUTURE AREA 3 45.70 113.46 49.09 113.46 WHIPPOORWILL WOODS 359.601 113.761 49.22 113.76 Tale: Whippoorwill Lane Corridor Study Sewer Project Engineer. Sean Robert Weeks, P.E. d:1..lwhip master sewer cc 2001 6- 14-02.wcd Waldrop Engineering, PA WaterCAD v5.0 [5.0032] 06/14/02 07:35:22 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA +1-203-755-16M Page 1 of 1 ,- fn Z (a g W ,1- Co O O U W Z g J J_ N� I.L O O a o. j w O 0 W Q3 X W Z CO z J 1611 q., N O f0 N m m 3 t9 co J O r.� t[') t0 to C7) st Y LL. CL cm CO O o to 000 w N c0 N N T O) N CL m ti LL E 1• rn ao M c0 ri � N v coo CD ccoo N a� 0 m to a m y a. co O L = r v N c m V 1 N O O M d Q Q v O N N M D1 N t0 U O m N^ t0 co to t0 I-- N I � d v a V O r' ems- ti N co Ott t0 N ». Z O T °o N N n t0 O m N O T 40 ch to O O O to t T 11 co to = N C D co c0 M r crl N N CO V v O a li � a It w Co O p o a m a to co t0 a s 4) E c w ao cm c W N co O O N to ~ m 1O C14 N M M O CV _V CO c n O � a to C) m m Ea O m W o U `'' O' 4) °) c m >, Y axi Z + c U 0 ap J m YQ Q N °o U c LL L co W a ia o 3 m c m o a —) a a II COL O U c cm C c Is- E V 8< u.a ro m iii Q z m a s a N O f0 N m m 3 t9 co J 1� X11 WHIPPOORWILL LANE CORRIDOR MASTER PLAN STUDY SECTION FIVE: TRANSPORTATION STUDY ELEMENT Transportation Study Introduction The Whippoorwill Lane Corridor Study has been implemented in an effort to determine the minimum transportation infrastructure facilities required to support existing and future development of properties in the area. This study will discuss existing conditions, future conditions and anticipated traffic generation, proposed design standards and pavement cross - sections, access management, proposed construction phasing, and necessary permitting for the roadway. Existing Conditions The entire Whippoorwill Lane Corridor Study area comprises approximately 578± acres of varying ownership and zoning designations. The study area lies within northern Collier County (Section 18, Township 49 South, Range 26 East) and is located south of Pine Ridge Road, east of Livingston Road, west of Interstate 75 and north of the Kensington Canal. Only those properties having existing or proposed access to Whippoorwill Lane south of the Sea Gate Baptist Church will be included in the Transportation Study Element of this Master Plan. Those properties having existing or proposed access to Whippoorwill Lane include the following: Whippoorwill Lakes PUD, Whippoorwill Pines PUD, Whippoorwill Woods PUD, Arlington Lakes PUD, the Hospice of Naples, and Future Development Areas 1, 2, & 3. Future Development Area 1 currently consists of several single family residences. Future Development Area 2 consists of the Southern Exposure of Naples, Inc. and Future Area 3 contains a single family residence. A portion of the Whippoorwill Lakes PUD has already been developed as The Reserve of Naples. Arlington Lakes will also have access provided from Livingston Road for the ' western portion of this PUD. Arlington Lakes is split by a north -south wetland flowway. Those properties not included in this Transportation Study Element of the Master Plan are the Pine View PUD, Sutherland PUD, Balmoral/Alexandria PUD, Sea Gate Baptist Church, and those other properties not having direct connection with the Whippoorwill Lane corridor. The Pine View PUD, Sutherland PUD, and Sea Gate Baptist Church have not been included since they already or will access the existing dedicated Whippoorwill Lane right -of -way. Currently, the improved Whippoorwill Lane extends south from Pine Ridge Road approximately 1800 feet. It terminates south of the current entrance to Whippoorwill Lakes PUD. (The Reserve of Naples). This section of Whippoorwill Lane consists of two 12 -foot asphalt lanes with open swale drainage on each side. This also represents that portion of Whippoorwill Lane that is Collier County maintained. This section of roadway was resurfaced in 2001 by the developer of the Reserve of Naples. The Pine Ridge Road intersection was improved as part of the County's six laving of Pine Ridge Road completed in 2001. The remainder of Whippoorwill Lane is an unimproved dirt road terminating at the Kensington Canal. F:UOBIWHIPPOORIDWS1Study612.doc 5-1 WLMPT SECTION FIVE: TRANSPORTATION STUDY ELEMENT Current traffic levels generated by the existing study area are low, given the extent of existing development. This traffic is limited to the Hospice of Naples, The Reserve of Naples, Southern Exposure of Naples and a few single family residences. Current access points on Whippoorwill Lane are shown on Exhibit 5 -6. Proposed Conditions Development has already begun in the Whippoorwill Lane corridor with 300 multi - family units at The Reserve of Naples. The development along this corridor can be expected to continue over the next few years. Following is Table 5 -1 with a listing of the proposed developments which will be served by Whippoorwill Lane. It is anticipated that full development (based upon maximum units allowed by current PUD and estimates of potential units in existing agricultural zoned areas) will generate_ar. average annual daily traffic level of 10,172 vehicles per day. This also results in a peak hour directional traffic volume of 629 vehicles per hour. This meets a Level of Service "C" in accordance with FDOT standards for a two lane roadway. In conjunction with Whippoorwill Lane, it can be anticipated that Future Development Area 2 will also utilize Nighthawk Drive for access. Other possible users of Nighthawk Drive may include Whippoorwill Lakes PUD and Whippoorwill Pines PUD for construction or secondary accesses. The proposed improvements to Nighthawk Drive have not been included in this Study, but it is anticipated that it will be developed as a two lane rural local street. Nighthawk Drive is currently unpaved. Any improvements to Nighthawk Drive would be the responsibility of those proposing to use this local street connection to Whippoorwill Lane The following standards are proposed for the design and construction of the Whippoorwill Lane improvements: 1. Design speed of Whippoorwill Lane shall be 40 miles per hour (MPH) with a posted speed limit of 35 MPH. Travel lanes of 12 feet will be utilized. 2. Turn lanes are to be provided in general accordance with Collier County policy for two lane roadways. Left turn lanes will be provided whenever the peak hourly volume of turning movements is 20 vehicles or more. Right turn lanes will be provided whenever the peak hourly volume of turning movements is 40 vehicles or more. 3. Turn lanes will be designed per the Florida Department of Transportation (FDOT) Index 301. An 11 -foot turn lane width will be utilized. Turn lanes will include a 155 foot deceleration length (including a 50 foot taper) and a queue length. A 50 foot-queue is to be provided for all right turn lanes. Left turn lanes will provide a two minute queue with a 50 foot minimum length. A 60 foot control radius will be used for the left turn movements and 25 foot control radius for right turn movements. These turn lanes have been identified on Exhibits 5 -4 & 5 -5. Provisions will be made for future north bound left turn and right turn lanes as required if Whippoorwill Lane is extended southward for future connections to other roadways as depicted on Exhibit 5 -6. F:U0B \WHIPPOOR\DWS\Smdy612.doc 5 -2 WLMPT 1511 SECTION FIVE: TRANSPORTATION STUDY ELEMENT 4. The proposed clear zone for all permanent objects in the right -of -way is 10 feet based upon the FDOT Manual of Uniform Minimum Standards. 5. The maximum longitudinal change in grade without using a vertical curve shall be 0.80% in accordance with the FDOT Manual of Uniform Minimum Standards. The minimum grade is to be 0.3% and maximum grade is 0.4 %. The standard pavement cross slope will be 2% with applicable modifications at intersections. 6. Access management should be in general accordance with Collier County Resolution No. 01 -247 for Class 6 without Median Restrictions. The minimum driveway connection spacing should be 220 feet; the connection spacing for single family residence drives shall be 30 feet. Modifications to the driveway connection spacings may be necessary to accommodate turn lanes or existing conditions. Exhibit 5 -6 shows the anticipated access points. These access points will be further refined during the design process. _ 7. Lighting will be provided at all driveway entrances on Whippoorwill Lane as specified in the applicable PUD documents or Land Development Code requirements. Lighting for a single family drive will not be required. 8. Landscaping within the right -of -way will be permitted with Collier County individually by each property owner and in accordance with applicable PUD requirements. 9. Roadway drainage shall be provided by valley gutters or curb on both sides of the pavement. Valley gutter or throat inlets will be provided for discharge to a closed piped system. It is proposed that all roadway stormwater north of Nighthawk Drive will be routed through Whippoorwill Lakes PUD for quality treatment and attenuation. Roadway drainage south of Nighthawk Drive will be routed through the Whippoorwill Woods PUD system. 10. Off -site drainage from existing and proposed development north of the Study area (i.e., Seagate Baptist Church, Pine View PUD, the Hospice of Naples and the residential property south of the Hospice of Naples) will be through an open swale along the west right -of -way to Nighthawk Drive. At Nighthawk Drive this drainage would then be routed under Whippoorwill Lane to the south side of Nighthawk Drive and along Nighthawk easterly to discharge into an existing culvert and swale. This is in general accordance with the existing drainage patterns in the area. For additional information on drainage in the Study area, see the Drainage Study Element of this report. F:UOBIWHIPPOORIDWS\Study6l2.doc 5 -3 WLMFr lbll'j SECTION FIVE: TRANSPORTATION STUDY ELEMENT 11. Pedestrian and bicycle facilities are to be provided by a five foot wide sidewalk on both the east and west sides of Whippoorwill Lane. These sidewalks will be provided from the north property lines of the Hospice of Naples and The Reserve of Naples to the south terminus of Whippoorwill Lane at Whippoorwill Woods PUD. The construction of the west sidewalk north of the Hospice of Naples to Pine Ridge Road will be the responsibility of the Pine View PUD developer. It is proposed to construct a five foot sidewalk on the east side north of The Reserve of Naples to Pine Ridge Road as a part of the first phase of the proposed Whippoorwill Lane improvements. This will be dependent upon adequate room in the existing right -of -way and if necessary the ability to obtain a sidewalk easement outside of this right -of -way for construction (Seagate Baptist Church, the Knights Inn and Chevron Gas Station). 12. Water and wastewater facilities are to be provided in the right -of -way for the proposed development. See the Utility Study Element for additional information. A water main will be located on the west side and sewage force main on the east side. Construction Phasing The proposed Whippoorwill Lane Roadway improvements will be completed in two phases and in conjunction with the utility construction described in the Utility Study Element. The initial phase will consist of the roadway improvements from the existing improved roadway south to Nigh Hawk Drive. Improvements will include a left -turn lane at the existing Whippoorwill Lake PUD (The Reserve of Naples) entrance, a right turn lane at the proposed Arlington Lakes PUD entrance, a left turn lane at Nighthawk Drive and a left turn lane at the proposed south entrance to Whippoorwill Lakes PUD. The proposed roadway cross - section for this segment is illustrated on Exhibit 5 -2. A five foot sidewalk will be provided on both the east and west sides from the north property lines of the Hospice of Naples and Whippoorwill Lakes PUD south to the terminus of the Phase 1 construction. The east sidewalk will be constructed northward to connect to the existing Pine Ridge Road sidewalk. The interceptor swale for off site drainage and the outfall along Nighthawk Drive will be constructed during this Phase along with the utility extensions. A cross section of the existing right -of -way is shown on Exhibit 5 -3. Phase 2 of the project will consist of construction of Whippoorwill Lane from Nighthawk Drive south to its terminus at the Whippoorwill Wood PUD entrance. The proposed utilities would be extended southward in conjunction with the roadway improvements. Improvements will include a left hand turn lane for Whippoorwill Pines PUD and a northbound left turn lane for Arlington Lake PUD and the roadway will terminate with a left hand turn lane at Whippoorwill Woods PUD. Sidewalks will be extended southward from Nighthawk Drive on both the east and west sides. The proposed roadway cross - section for this segment is illustrated on Exhibit 5 -1. E:VOBIWMPPOORIDWS1.Study612.doc 5 -4 WLMPT r- i SECTION FIVE: TRANSPORTATION STUDY ELEMENT Permitting Permits for the proposed construction of the Whippoorwill Lane Roadway improvements will need to be obtained from Collier County, South Florida Water Management District ( SFWMD), Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (COE). A Collier County Right -of -way permit will be obtained to construct each phase of the roadway and would include roadway, utility, drainage, landscape and lighting requirements. Surface Water Management Permit modifications will be necessary to route the proposed roadway drainage through Whippoorwill Lakes PUD and Whippoorwill Woods PUD as previously discussed. The permitting for the SFWMD permit will be done in conjunction with the COE as applicable. An FDEP Stormwater Pollution Control Plan Permit will be obtained. 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'c u Ecoi Q ,o z U az u Zc��y s zw�v4i CLEARING LIMITS PROPOSED 80' RIGHT OF WAY t 12' 12' ' i 17'• 5' 8'• TRAVEL LANE I TRAVEL LANE 8' 5' 9'• _ 11 1' LEVEL Y J U W z 043 rn 2' VALLEII GUTTER 2% MATCH EXIST. `— GRADE 1 1.0t I 1 3 2% WES: " 1 " TYPE S 111 ASPHALTIC CONC. WHERE RIGHT OF WAY IS LIMITED TO 70 FT. (I.E. FUTURE DEVELOPMENT AREA 1). 1- ASPHALT STRUCTURAL COARSE. TYPE S STORM SEWER PIPE TO BE USED IN LIEU, OF OPEN SWALE BACK OF SLOPE TO 10" LIMEROCK BASE LBR 100. 98% DENSITY GRADE = 9' AND BACK OF CURB TO INSIDE SIDEWALK EDGE = 6'. TO CONTAIN WORK WITHIN THE RIGHT OF WAY. 12" STABILIZED SUBGRADE LBR 40 WHIPPOORWILL LANE PHASE 1 CONSTRUCTION TYPICAL SECTION B -B N. T.S. EXHIBIT 5 -2 CLEARING LIMITS i PROPOSED 80' RIGHT OF WAY i 9' 5' 12' 1' LEVEL t i Y J I Z W � u0 v+ MATCH EXIST. - I I I GRADE t 1.Ot t 2% 12' 12' :L LANE TRAVEL >' VALLEI1 GUTTER• _,2% _ 22 4► 12'• 5' 9'0 11 �1' LEVEL Y I J � U Z O Urn MATCH EXIST. 3•l I GRADE 11.Ot OTES: 1" TYPE S III ASPHALTIC CONC. WHERE RIGHT OF WAY IS LIMITED TO 70 FT. (I.E. FUTURE DEVELOPMENT AREA 3), t' ASPHALT STRUCTURAL COARSE, TYPE S REDUCE DISTANCE FROM 12' TO 5' AND 9' TO 6' FOR THE BACK OF CURB 10- LIMEROCK BASE LBR 100. 98% DENSITY TO INSIDE SIDEWALK AND BACK OF SIDEWALK TO RIGHT OF WAY, RESPECTIVELY USE 2:1 SLOPE IN THIS AREA AS APPLICABLE. 12" STABILIZED SUBGRADE LBR 40 WHIPPOORWILL LANE PHASE 2 CONSTRUCTION TYPICAL SECTION A -A N. T.S. EXHIBIT 5 -1 DZWNED Be N -0. -..F 0, GRADY 1[UIIOB AND ASSOCIATES, PI NMIPPOORWILL LANE MASTER PLAN STUDY BR'`WN et �'N' \ Crft PrW= ' Truro SUWCYM ' MAMM TRANSPORTATION STUDY ELEMENT APPIi01ih N.lt. WMA�SKS i nMMAA 3404 EXHIBITS 5 -1 & 5 -2 JOB COBS MIIWT P1"WW sa:0$ 947+i+.s.+s.w- X-. ( 0i t 001mt M �CER7IWICA7Z OF AV1 ORMAMN ® 0005tH DAM DUNINO kiJbIlio 1 • 2 SCATS N.T.S JUNE. 2002 'wHPROSEC tI' LEVEL Y I � Q � 18 z 0 I °v in MATCH EXIST. �31I rGRADE tt.Ot WES: " 1 " TYPE S 111 ASPHALTIC CONC. WHERE RIGHT OF WAY IS LIMITED TO 70 FT. (I.E. FUTURE DEVELOPMENT AREA 1). 1- ASPHALT STRUCTURAL COARSE. TYPE S STORM SEWER PIPE TO BE USED IN LIEU, OF OPEN SWALE BACK OF SLOPE TO 10" LIMEROCK BASE LBR 100. 98% DENSITY GRADE = 9' AND BACK OF CURB TO INSIDE SIDEWALK EDGE = 6'. TO CONTAIN WORK WITHIN THE RIGHT OF WAY. 12" STABILIZED SUBGRADE LBR 40 WHIPPOORWILL LANE PHASE 1 CONSTRUCTION TYPICAL SECTION B -B N. T.S. EXHIBIT 5 -2 CLEARING LIMITS i PROPOSED 80' RIGHT OF WAY i 9' 5' 12' 1' LEVEL t i Y J I Z W � u0 v+ MATCH EXIST. - I I I GRADE t 1.Ot t 2% 12' 12' :L LANE TRAVEL >' VALLEI1 GUTTER• _,2% _ 22 4► 12'• 5' 9'0 11 �1' LEVEL Y I J � U Z O Urn MATCH EXIST. 3•l I GRADE 11.Ot OTES: 1" TYPE S III ASPHALTIC CONC. WHERE RIGHT OF WAY IS LIMITED TO 70 FT. (I.E. FUTURE DEVELOPMENT AREA 3), t' ASPHALT STRUCTURAL COARSE, TYPE S REDUCE DISTANCE FROM 12' TO 5' AND 9' TO 6' FOR THE BACK OF CURB 10- LIMEROCK BASE LBR 100. 98% DENSITY TO INSIDE SIDEWALK AND BACK OF SIDEWALK TO RIGHT OF WAY, RESPECTIVELY USE 2:1 SLOPE IN THIS AREA AS APPLICABLE. 12" STABILIZED SUBGRADE LBR 40 WHIPPOORWILL LANE PHASE 2 CONSTRUCTION TYPICAL SECTION A -A N. T.S. EXHIBIT 5 -1 DZWNED Be N -0. -..F 0, GRADY 1[UIIOB AND ASSOCIATES, PI NMIPPOORWILL LANE MASTER PLAN STUDY BR'`WN et �'N' \ Crft PrW= ' Truro SUWCYM ' MAMM TRANSPORTATION STUDY ELEMENT APPIi01ih N.lt. WMA�SKS i nMMAA 3404 EXHIBITS 5 -1 & 5 -2 JOB COBS MIIWT P1"WW sa:0$ 947+i+.s.+s.w- X-. ( 0i t 001mt M �CER7IWICA7Z OF AV1 ORMAMN ® 0005tH DAM DUNINO kiJbIlio 1 • 2 SCATS N.T.S JUNE. 2002 'wHPROSEC -'r APPLICATION FOR PUBLIC HEARING FOR: X PUD REZONE []PUD TO PUD REZONE Petition No.: PUD�02 -AR -3095 Planner Assigned: Rav Bellows Date Received: 1. General Information: Commission District: ABOVE TO BE COMPLETED BY STAFF Name of Applicant(s) Wallace L. Lewis Jr, and Marian H. Gerace Applicant's Mailing Address c/o Steven A Landv, Esa / Greenberg Trauri Applicant's Mailing Address 1221 Brickell Avenue RECEIVED Me 14 2M City Miami State FL Zip 33131 Applicant's Telephone # 305 - 579 -0758 Fax # 305-961 -5758 Applicant's E -Mail Address: See A ent Name of Agent Michael R Fernandez, AICP Firm Planning Development Inc. Agent's Mailing Address 5133 Castello Drive., Suite 2 FL Zip 34103 City Agent's Telephone # Naples State 239 - 263 -6934 Fax # 239- 263 -6981 Agent's E -Mail Address: PDI MRF Cad AOL COM Name of Agent Richard D. Yovanovich Firm Goodlette Coleman & Johnson Agent's Mailing Address 4001 N. Tamiami Trail Suite 300 FL Zip 34103 City Naples State Agent's Telephone # 239 - 435 -3535 Fax # 239 - 435 -1218 Agent's E -Mail Address: rvovanovich(a�gcilaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES /CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403- 2400/FAX (941) 643 -6968 3114/2003 AonHcaaon For Public Hearing For _PUD R=021 6� co in *Be aware that Collier County has lobbyist regulations. Guide yo urself ac and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address Name of Civic Association: Mailing Address City City City City City State Zip State Zip State Zip State Zip State Zip 2. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of ownership Wallace 1. Lewis Jr. 50% Marian H. Gerace 50% 3nnow ApipAaO n For pabHc Heari�i For PUD RezoM 1611' b. If the properly is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LMTED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: 3/7/2003 Aupiication For Public Hearime For PUD Rezone IR f. If any contingency clause or contract terms involve additional parties, list 161.1 ividual or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ( ):-7/16/65 Term of lease _yrs. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the groaerty covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 19 Township: 49S Range: 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: Please see attached Legal Description 4. Size of property: 4.887 +/- ft. X 1,326 A = Total Sq. Ft. 6.480.162 Acres 148.98 +/- 5. Address /general location of subject property: On the east side of Livingston Road and adjacent to and immediately north of Wvndemere PUD and extends eastward to I -75 right of way. 3/712003 AuuHeation For Public Hearing For PUD Rezone F 6. PUD District (LDC 2.2.20.4): X Residential E] Community Facilities 611, ❑ Commercial ❑ Industrial 7. Adjacent zoning and land use: Zoning Land use N PUD Balmoral PUD / Whioyoorwill Woods PUD S PUD Wyndemere - Residential E R/W I -75 W R/W Livingston Road Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Property I.D. #: 8. Rezone Reauest: This application is requesting a rezone from the A — Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant - Farming Proposed Use (or range of uses) of the property: Residential — Mix of single and multi - family units Original PUD Name: Ordinance No.: 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. 3/14/2003 Applicadon For Public Hearin[ For PUD Rezone 1611 '1 PUD Rezone Considerations (LDC Section 2.7.3.2. S) 1. The suitability of the area =hreth type surrounding development access, drainage, to physical characteristics of g sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and eaomtmendatio eof this type shall be maintained only after public expense. Findings and consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. S. The adequacy of usable open space areas in existence and as proposed to serve the development. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular' case, based on determination �tthat such ��e ti 1 application of such meeting public purposes to degree regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject Property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? 3/7!1003 AP ca"OR For PpbHc Ae�in� For PUD Rezone 1611 '1 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies '(this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee /Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8'/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). 3/7/2003 Ano6cation For Public Hearimt For PUD Rezone loll 'j f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) 3n12003 Alp =don For Pub& Hearing For PUD Rezone RECi =IVED: 3/13/03 4:36PM; - >PLANNING DEVELOPMENT INCORPORAT; #352; PAGE 2 03/13/03 16:17 GREENBERG TRAURIG 4 941 263 6961 AFFIDAVIT N0.452 1611, '1_ We/1, Wallace L. Lewis. fr. and Marian R.Opme being first duly sworn, depose and say that well anVare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner We/I further authorize Richard D. Yovanovich Es uire of Goodlette Coleman &- Johnson. P.A. and Planning Development rncorEorated /Mic, heel R Fernandez. AICP to act as out /my representatives to any matters reaardina nwr Potirin" F4rPA Wallace L. Lewis, Jr. Signature of Property Owner Marian H. Gerace The foregoing instrument was acknowledged before the this � day of March. 2001 by Wad L. Lewis, Jr. who is personally known to me or has produced as identification. 11.PY DU GiFlCIALNOTARYSEA� State of Florida 1;0 Boo Eu2ABF FEpNMIDQ County of Dad ` coMlDD116,rou►�e�l 00116T.11 Oc F10�`C MyCCMM MWONEXPIRM MAY 12.2006 3113/5003 Application For public Karin$ Far PUD Itugne (: ature of No ta Pu is -State of Florida) . Ef1ZalaeV'b Vg-,(M )d.ez,. (Print, T)pe, or Stamp Commissioned Name of Notary Public) RECEIVED: 3/13/03 4:36PM; - >PLANN1NU utVtLUrMtN1 1NUW"? -UM^1; a.Mac; rr�uc 03i1'3/03 16:17 GREENBERG TRAURIG 4 941 263 6981 N0.452 003 The foregoing instrument was acknowledged before me this day of M rc 2003 by Marian X_ Geracewho is personally known to me or has produced as identification. District of Columbia \U 11A-SAVO 7U45261ivO1\V4%561!.DOC\3/13/03 3113/5003 Aoolleation For Public Hearin For PUD Rupme (Signature of Notary Public — District of Columbia) (Print, Type, or Stamp Commissioned Name of Notary Public) Recelvhu: ;311;3 /U;y uev=L.UrM=141 iwa.vnrvnNi i ff o , r—r = -e 03/1'3/03 16:17 GREENBERG TRAURIG 4 941 263 6981 N0.452 004 „or ia uj Ud:Sep Holly and Terry Gerace (202) 337 -0265 p.2 10:34 GREED TFRiG -) 20233BUIS Na.444 M 1611 4 j We/L rjjwL kedfirh and Kgriett A Gerae beiv fwa duly swum depose aid -toy that W9 ardlare rJ4 owrden of file property described herein and which is the subject Hadar of du proposed May all the answers to the gaestioru in this Wficoon, inch AnS the dirclotta'e of tnlerdx Wm"&*% all sketches, data, and other supplementary matte airwhed to and made a part of this application, are honest and mue to the best of our knowledge and bel(rf, /Pell undi land that the Wurmation requemed on this gppliewion Must be complere and accurate and that the content of this form, whaktr covuter generated or County prhwed shall not be altered, Public hearthp wHI not bs advertised x+no d* apphodon is deemed complete, and all required trfw=a ion has been Submitted As pr+operry owner We/1'frrrther aathorize Rf b d A Yo re of go" .. e _ Joh on. P.A. and Plmrnbde Devekoe dt Inc=tatedllklchRel E hernnnrtes. AI to no as owhuy represealative; in any MUM regaMMS Ab Petition Slgrnatu►e of Prof rry Owxer Wallace L Le* Jr. /Z Y tgt t ere' o 746 ]Mariann X Gerace ?lie foregoing twnwn rnt wnr acknowledged before we this _ day of Mar h JOOL by MON x, J who is persondally known to the or has proAwd As idenocatlott Stole ofFkri& Cotatty of Dade ,, )'-r= ft.nature of Notary Public • Si►ad�e Fonda) (print, 04 ;or S'tmnp Commissioned Nance of Notary Ptrbllgj ACVCiVC1./: J /IJ /VV �.vVrm ��r VI11��1�•.l VGYGLVrmc�l iYVVnr VnMl 1r JCJC r/•'•iC D 03/i3/03 16:17 GREENBERG TRALIRIG 941 263 6981 N0.452 ricer s� v� ua:bdp Holly and Terry Geraoe (202) 337 -0265 P.3 03/13/03 10:34 GREEPSM TRALRIG 4 2023383418 11 '4 14" `1903 1 /3 The f"egoirrg instrument waa admowiedged before me Ihis r day qfj�r& 204 IOMoK= & who is personally known to one or hair produced Mkc?)Ix m idemtcanoa. &dPOL-� i Diwia of Cohmbia 9ARRr m. oEVrs"A" NCmvjjWGDWRjCTOFCCLUWA ah MMLj4.m rolumhvmve mLoawtW V (Sl9rd ae Colmmbty (Print Type, or Stamp Commkrkmd Name of Notary Public) M. « EXHIBIT A „ 1 1 1 LEGAL DESCRIPTION Description of Part of the North 1/2 of the North 1/z of Section 19, Township 49 South, Range 26 East Less and Excepting Interstate 75 Right -of -Way located in Collier County, Florida Beginning at the Northwest corner of said Section 19; thence along the. north line of said Section, South 89 °37'04" East 4886.95 feet to the west tight- of-way of Interstate'. 75; thence along said right -of -way South 00 °07'55" West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase. Two, as recorded in Plat Book 16, pages 20 -21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 39=431 North 89 036'39" West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00 °33'56" East 1326.30 feet to the Point of Beginning; Subject to'easements and restrictions of record. Containing 148.98 acres more or less. Bearings are .based on the north line, of Wyndemere being North 89 936'39" West. ' A f 3 kilt 195 f 312 , 0 1:L0454 v . `. �nrranty �e�d raT�tveawe► easwla_ ...,�.,�., Qbts Jnbrah r. Mae" /` * dyr .f July ll 1945. , �attam WC2:.Li M. was. JOUM4 by has busband. WaLLAAM L. ><•xWLM of r!r Cwsp of sroward . iw..f Floss" ad ICAttJ►CF L. %Z I$. JR., and MARIAN it. inrie. as Joint taaaats v1 sigbt of survivorship and not as tinants 3n Oaooaa aism" peat -fiat aniabns is 9 Riddle Road. BAS"It elf tl.. C,ouW of Mary M&VOA. . S"W at Canbeotitut . sraal--•• IUttt reardf. Ttaw u14 raster. Ow and 1a •wldwwlh at d- -- ad DOLLIAR .� •t1'•• or. • ayMafAe twtldnattM le rsW P•.tw M ►.td p•W bl' wk= resist. tlr taeeipt wlwn+l 6neiq ad•nrk Vd, krs p«d.a twplyd and a-td is dw sa1J psahe. and F&I W ► bda and asalpu dire►", Ow f.l &Wrlb.d land. slbatW. yl.p and kal w V Collier Causer, rnrw.1. ft-war '141s North one halt of bectioa 1.9. TowasUll 49 south, Rang* 26 Bast, Collier County, Florida. Ira M •' � t1 •it10Af Me x•a 703 and uld VM 4006 many My .tar JA dr tlde a "W lard. s+d W"' dvfa" d.. "'a" st"w d.a L.fid s1+IOa elf all pa,wr rboaasowar. •••Crsatd uod 'pWrss ars nwd fer •Ippalar w VI -ral, « m.tal. t+Vubs1• _ . La iiiltaral 04n7af. CrsadarbrkasaarAc W Psaw's 11.sd and sea dw d.q rd 1•w fva< above vrom fJOW4 la" and a1eli► is aAr PvOaaar J 77 (saaij Wallace L Lads —(S"d) STATE OV FLORMA ' -cou siy.Or RROWM0 I'MERCSy CCRTIrV ILA es dik day Woo am w SCOW dwh y-al" la. taL. rK#+w'MdFaaestR r""`su1' anwased . CiLLR M. Zang, jcinaai.by her husband. WALLA44 L. LEWIS Is rr Lmmv is k dw pwam r a mra d is and w1ta swomtad die lwerins tmtlanevnl and .cL.wkdpd boater 1.e tw t hey e.aawrd dw use. W %Vmrss my band •ad rite mat in dr. C«n.ly sad stave 6A iloaeuld ebb /C a" of ?fit ;Y, , a:6:• .•atyE Ltr -- ar.traa. syw.r °•r�'; p. � ,fir :• amuW nntr. sun a IU'•a+a a tAWOI • ., `• .` }'•.: YT COWWI.Vs I►.rge Art. A IOU A f e .., t V. 0 ""Amu '?:C 0•dasd iia t IaAeoaaR F. Sam ►M W.d.MM.IW.•abA aW aa�.a aan0 AOL ' w....Y.�w star• .a , r ' • •l 1 r i� i 1 mm age < at fill z jai a ..,�. O�,N 2980'76 C � . ♦ .� � .t••- �1:�MiMi •'I�..i�• MAR 1 CG LIi R i�L• +, a9,p1 A r�L,�A1 Nrwd Fis 11 10 oo AM73 ►�Fw/ Nx:iWAET T. SCOTT ``fKK Of C:KCUI(r000NT R,,,.... w.,. r, r .,,.ywf,•,rrua,�,w„a,n,..r,,,,, OLl1El COUNTY .►LWIW Wr•w w y�oL...wr...w r.i.i .:« �r.4V Wr... •r.r•,YW 4,MI.MW..r. w.Ni.wMY -w ,r. Ma 4ithis 8th day of January d. x.10 73 etween LUCILLE t.4. LEWIS, joined by her husband WALLACE L. LEWIS; GERALD D. PARENT and KATHLEEN J. PARENT, him wife] A.. B. BARBS, 4R. o, and CANDICE DAM,J.his wile of the County of Broward and State of Florida of the 1st part, and WALLACE L. LEWIS, JR., a married man, and MARIAN HOLLY LEWIS ,141at1�`rs�r�a�s 3430 Galt Ocean Drive, Apt. 701 Fort Lauderdale, Florida of the County of BrQ,,w,:frd and State of Florida, , parl{jt. of the second part, W1tnesseth,that the said of the first part, for and in considsnation of the sum of $10.00 and other valuable considerations Dollars, in hand paid by the said party of the second part, the receipt whemof is hereby acAworrl- e4od, has remised, released and quitclaimed, and by these presents does. remiss, release and quitclaim unto the said party of the second part all the right, title, intorest ciaimr` and demand which the said party of the first part has in and the followinj described loi ,piece or parcel of land, situate Iyinl and bainp in the County of Collier State of Florida, to wit: The North one -half of Section 19, Township 49 South, Range 26 Bast, Collier County, Florida. SUBJECT TO CONDITIONS, RESTRICTIONS AND RESERVATIONS OF RF.Mpn N ,.,; DOCUMFNTARY- .. 5l-4-ft :• :f: F'I..LURlr-)A ,+!• D0CLN.1EN1.&RY . iLURIQ N,,. scsrrn ,� 0.0.5 5 _ `�`r�`t.„TS.,F:)— 0 0. 3 Q.I To Have and to Hold as same, toiwwr with ail and sinp dar the appurtenances thereunto belonpinj or in anywise appertaining, and all the estate, ri ,ght, titte, interest and claim whatsoever of the said party of L7u flrat wart, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part In Witness Vlereof, this said party of the first part has lwrounto set his hand and seal the day and year" above unit Signed, Sealed d Delivered M Our Presence: c s.Z +ear (SM Atka T. State of Florida,•�!�• )* 7. 11, (SEAL) Cx of BROWARD MEREBY CERTIFY, That on this day personally appeared befors me, an oploor duly authorized to administer oaths and take aoi:nowlediments, LUCILLY. M. LEWIS, joined by her husband, WALLACE L. LEWISl GERALD D. PARENT and KATHLEEN J. PARENT, his wifel A. E. SARRS, .JR., and CANDICE HhRRS, his wife to me well known to be the persons described In and who executed the forejointr instrument and they acknowledied befure n►o that',t t)tey,•' executed the tame freely anti rwluntarily for the purposes tharain c'Wrlajtt,l,' WITNP.S.'3 my hand and olptcial seal at Fort Lauderdale Count.. of Droward , and State of Florida, Ilia ' Ffth day o January d. 1). 1973 r Pr CAN r rn..r r«..,. r.., .• , �•.,1� o fr.i wt..: rT i'c�: .t....... .-..�� • �•' - -.. -.. . N een. Cr.,..H..u.•m� 11• .ry 11•" r, M:AI l 1. N.41. ir.. . r � •..�• •f . «. .i IJ /ff tJi � aflflir� •�wr • 4r.6 0C - 4r...a 1...: �;�Ii/ !'..f�ifnixxiufJ K.T /•it�:r,._._._ ..� 1 Cons 110vrq t'l on ,r•, VISION": .uoAsirivaled lot - • NwrAL43ps MIMI- Any. A ddft-.JIDS L_AUAAso,,,.ft 1081 LQ"aW, rLDkWA Deed MAMID" MM — RM U9.02 fl) 3011 lit. 5 06 fts 3abnftm. M.& this, 10 day of Februa,%. 1973'. Wrimem Ir WALLACE L9 LEim JR. a married stan�sjolna b his wife,, I IAM R.IX1113, and MARIAN H•L&WIS auupa married woman f�x "tIAX H-L&IS,it single woman, joined by her husband TKl=CX A. GERA69,3430 Galt Ocn. Dr. 4t.701,Ft.Lrd.19. Fla. Of tae poun I County 41 Brow"ird statit d Florida grantor •and KREHLIM HCKX3,3XC.S1a Florida dorporation• whe• p6d Wkv addrm is 1095 let Avenue, South, Naples, Florida 33940 . of liv Cou►ty of, Collier Stated Florida jeffurS111114. That said grantor, for and In co'nislim6on of the sum of Tan 0 Dollairs. and otlw• teed and vulumble, conaklersitiosts to sold dor In hand paid by saki Vatiltv, ilk- mvirpt whereof is lwn4w acknowle-dgrd, has granted, harpirsed and mid to the Said drW­r0tnd,IalXt situate. lying and being In Colfrielut7, sud'granter's heirs awl•sw(just; fnmvr. the fug- kowing Florkla, to-witt ThIl" of the North One-Half (NJ•) of Sect `Sm .Township 49 South, Range 26 F-Rat,.CollIer County,, Ion 19, SUBJECT TO: A Purchasi Money Mortgage dated February 15 1973,securinr, , the ,principal. sum of U12,500.00, oxecuted by tho Grantee, {erein, in favor of the Grantor, herein, and recorded simultaneously with the recording of this Warranty Dead. ALSO SUBJECT TO: Conditions, rest.,Iction3, limitations reservations, encumbrances of record; and, to taxes for the year 1975, and subsequent'. years, arld said pwrtor does hereby fully warrant the title to said land. and will defend tht. some a . pinst the In . wful clai, I na of all pr.MX whomstoe"r. "C"01404' And 'Va"W am used for singular or plural, as conte4t relluirest. 3n Uffma whimsilf. -crantOr has hereunto set Xmo3lor*s hand anti ..4b* 46 and p•sur &d above writing. iSi Stralled and del our iiiF L Li a r a tDarried.,mm (St-41) 11riam )t. La J, of Wallace. L.Lewia Jr. A4 J, (Semi) )Marian .H.Lew a Gar cola married :.woman and STATE of FLORIDA (SUL) COUNTY OF Terence A.Corace,husband of � Far an. C?ROVIARD Ge-racesa married womanj/k/a Marian H.Lewis - I sw I HEREBY HTIFY that ass this day before me, at, olikv, duly quahrwd its lake acksm ledipru-sits..: p•onstialb. - appevrrd Wallace L.LQw1a,Jr.,and Miriam R.Laiils his wife,eand,, Marian, H.Leifis • Gerace,married and f1k/a 14firian H.Lewis,sinrle,anA Torence A.Gbraceher husband me to e known to be the pt7sons described its &old %%+so ex4-cutt-ddis. filregoing Intitrumetnt AOKI actsum-k-elpl� lx.[4wr aw that t he y necuted the same. • . ...a ...... WITNESS my hand asul allicial "In the CASU►lly and Stall- Iol .4foov.—I.1 tll;, 73. A Isly contra" rxisires: Sit IS It 111067 PAk SL40 of PAQA St tX" Ant it Rccoitotm arTuRm To: Sept. 10, 1973 HWON A. IWAM 9`0*0 s• •••*- 1• ATTORNEYS AT LAW 657 FIFTH AV! So. . . ........ NAPLES, FL A. 3790 . If T 1 �M V ( 6 1 .1i 1. (11WO�PMMbt ' �� 5C� Act 527 a e ]Deed F.rtiuud I�. 15th Alyr .r! February A. D. 1073 &P KREHLING HCM3S,INC. a Florida corporation, whose Post Office address is 1095 lot Avenue,abuth, Naples, Florida 33940 WALLACE L.14M, JR. and MARIAN H . LKWIS GERACE, las joint owners with right of survivorship,and not as owners in ,3430 Galt Ocean Drive,c /o W.L.Lewis,Fort Lauderdale, Florida, Aontw.Ja. aTlod d.. II.e.IOrq«r . Ir1.i. J �..... ►wl. /wi.� M ..n .r.j ....... wi .Y" d .�rwi...r w r. w '1.r" dw! for &"a ma WO&MU, c gUIC6,Nsm. ma r6 In cauldw�Nen of dw amp*, 0 +k► Auc...0w.od In L40 W_a" y "we of oson J.lo kw wtk. J.&.4 A. Lorca Aa 0-16. bripshu. "M. 0". mnJ.or, con" o.d oonjkm woo IT.o we.-90006 an d►. so.108L Ir.rf FYorik uJsl 110'{°'0" 4 n~ mb&j Ind In pe.o.0-Im ou.wo In Collier The South One -Half (S�r) of the North One -Half (N1) of action 19, Township 7�9 South, Range 26 East, Col ter County, Florida. THIS 15 A FIRST PURCHASE MONEY MORTGAGE Af COLLIER f:R�`'� iFr'3 1421 10 oa fiH'13 Ch, ER Ui .^.r.:i ii.l CM RT COLER COURTY.FLORIDA 11 PLEASE RETURN 70: ATTY. IONTI J. INTRAVIA . 3200 E. OABLArD PERK BLVD. FORT LAUDERUAI.C. FLORIDr133308 AFTLR k.CLJR.+...I, .:'..k 1 IDS NIXON L 1W."" ATTORNEYS AT LAYI 637 FIFTH AVL. SO. NAPLES, FLA. 33740 ` C �. MEMO S Or TA:.. M u CLASS "C' INTANGIBLE PEASONAI rROMr -. ILA U10 T. &VTT. CLEM M Umv mm COI LIEN "M LbRIOA I ..•. r.,�fUr✓VENIART t� ,S7./ TA.4I •'•.I I -r x r l•» ` TM MMUYENT WAS PRrPARTO RTL Airy. JOHN I. IIIIAAVIA 3100 r. 04RLAM PANT( NLVD. PORT IALNJIADAU, JIp.r11.A 33304 i i t t r` T 5t�i ' 1 5 28 10� But md W i oW 1Ar a ~. Yips, &I � 4­1 he'"111 1. .nd Nil Yrlr• wr+wwnnl aftl. �r wainp, and 11w fail.• (saves and pYlJh thee". unle Ill, tnertpppir, )n H rlroplr. IW lit, 01w7pspor ttownenls orllh the twrlpopr, 161 tla nt,rtpatw is Gtd.(.edGly .r,lsrd of ,nld imd In (+a simpler that the Iltorlpapar In, need ►t,h1 " btt/YI oWhMlr to ronwy "Id bird us elor,• Calf 04W the wertpepo, Will "46 Ouch furlhw arnlrorwa to 044 Ih. (,. simple Itll, to said lene to dw e1"7wp•o " ewy roator -up ho -4ulra l #hat Ih. W h.r.Gy fully Werrena 16 #stir a said lw.d mid trill d,J.nd 16 M" opo4at aw 4WIal (loin or an ptrreelu Whoaaomer, end Ihot saw Imul 4 I►,. and Claw eJ an w{rnnl6rusom . frooWd NWAYs, Ilse! it sell Iltarl,tlpo. ,hall pay unto sell ""neat" At C,rM(w pwwdn vary veer. ha.Ina /Iw sabslanllelly tented or idwa4je4 #*.wag COPY INCORPORATED HEREIN BY REFEREIICE AND ATTACHMMIT HERETO. MaeTALLYiN► a0la OFFMAL,O11M NIA Nlti Mt. LYCAL ►MY� r 4121500.00 MIALeAW � ►{ MWJt 1 i Naples, �February. 15 ,ly� t F- -he --1-4 As assul- iw{J rree7La to m to the &,,l - WALLACE L- LEVIIS. JR. and 1 JASIAN He I.EWIS GERACE,as Joint Owners With Right Of Survivorship Not As Owners I Common As prbwW am ,/Four Hundred Twelve Thousand Five-Hundred OCAM tjL 412.500.00 :. todetia lrtli (masse alt" /►on{ 1tte. et tAe wte eJ 7+} {Iw cal . per-year . yip h odd G7tenu y�� s _ann Zi. 25th &y e/ _ August. 197 .,dl 5th day of each 6th mouth���rga ftV• O , ad W` moue in A-/W —ey *IA* united saw it is.9w ku4. 3430 Galt "Ocean Drive. Ant. 701, Fort Lauderdale, Fla. ,d1 prinetpolson to U par.bk oe Me daast ord in Mi. �n{oralts rpatyad "ur, twit: Sixteen (16) equal semi- annual payments of princippal in the sum of Twenty -Five Thousand Seven Hundred Eighty -One and.25 /100ths (25,7g1.25)Dollars, with the-first of said princippal payments due and payable on February 15,1974. The first interest payment shall be duo and payable on August 15 1973. Thereafter, .1ayment of interest shall be made together with the principal payment due February-' 5,1974, and every 6th month of each year thereafter, until this Note has been paid I.n full. Subsequent to the year 1973,this Note may be prepaid in part or. in whole without penalty. apes terAtr tYa tsaettta• aeasns Cal." Mash. W"M sae sell" at sa7dfa. saa -MAtrN « SN i ? •,,• . to •aa ,eta of uWM maw* to wta. 6" elteenea. Fto' ;iMYO. eb eatYa"q a.d askew w '"M " ntnita apNe. Mtsuff aN ""Mov. to M7 an eMU W felleetl,e. Ine1d01ptf rwene�U at tLa ,rmeaval a SbM eeU w w11 Y ►etrttt w tit. ,naet,.l er aa► IttUrwl teer.oa n + vale as t04 M N M" Nawiw nts....r, " etateet the ..cvny Ita.sf. �Itrtlter eu/t N M.utnt M vot. 1� ►nw, ttl+e. PaW7t7► •4t.7 a1 ', {O "w 1{ .. TAM nett aW ,rl.rr., b 1ttM4 anW N.t IaMnet al tlte faM ,r "Its . 71tY t.w 1. ttavtrd M et•'•!Y:SS. war pv4AAYm•dMt InttYrlYr tnttl MIL W4 M rlenea: meat ►a..f r.a e.0 MtrrtM .na M " N sen.trwA e aafat.i acaprilpf a. w IaY/. a7 IN u/'ett e.owt t• tN M7a . M Pnse1M1 ua•a► Int.rt.t 4Ye w may M4 KsYM "taa:� a .ant na7ri ..1 M. $ @ tN awlltlne Yneaa &Wl terthwuh be"=* eve nN nn►nYM neH^!tA.taailne 70417 Uttar. I•t:!uT r_rw ... .... ___ 11i(i..iA _ .Fa a. Coro , t', . Henry W.; Krehling, Jrr. Presi; ctvn 1 01.0 anal .mall Ioelo t. reawly with and Owe 6y mark and mower 11- oarro -wnts. ►tip �,ybnd�lon rvwj eta Ihwwo% and of 1" nn.wr0aao, then thle n wlopo and the r,lato hereby rr•ol.d, ,hall rvw,-. de. t.•wtae amt4 b ^"R and veld. � the amI"'or hereby [wHhr cownonf$ and .prep to pay promptly when dw the principal and tDow"l mad .tier wms of --my provided for In Said note and Ohl, mrlgape, or vlthrt te pay e11 and alnpafr Ike tares, asrpsmen't"s�. 1avie,. 11a611111p, 0648116". and wn•umbrynce. of awry nature on metal pro - peny: to prank, cornmll r su11r no Uwale. /rrrpetrarent r delerimet"n of mold land r rho UnprowareMs throe„ of any Nara: to keep the 6ddln0s floor or horoltr ow ..td ►and fully Inauned In a mom el not kta i6m actual cash value. 8c' a company r cawwanlat eccopk" to 16 morlgett". the policy or polk4w to be hold by. and payout. to. sold moripopea. and in de etrmnl any awn of "coney 6ecomva payable by Virtue N such Insurance the W- Hgages shall have the right to receive, and apply alto eanw to the Indebledrtwm hereby scoured. aeoounting b /he awrtgWor for any etrpiw: to pay ell coete, rltargee, and erptnap. Including 6prsri fop and ad& sernrrkva. reasenauy Ineumd or paid by the mortgagee 6oauma of Ike faUw of eke mortgagr 1e, prormptly and fully ,omply With the agreemwtts. stip"Wiens, "ndatans and cownantis of cold note and Ik1$ mrtgoga. or VIIAW. to Perform, comply with and abide by moth and every she ovow c«am. sllpu►atlan,. eondtilre and oovenanlm $vi forth 1V eatd note and this acort0o0e or either. In de event IM mrl0agor foil, te tray when due any tar. amspsaenf. Insa ence premlan or whr sum of monies payable by virtue of maid note and I" mortgage, or s11hr. the "w"geger may pay the van.. Without waiving or affecting the option to forecloeo or any other right hereunder. and all such payments $hall bear Interval from dale .hereof at 11. highest law- ful rwee then 016red 67 16 low of 16 State of Florida Iff any sum of atone, herein referred M 6e not promptly petal within 30 day. next after Ile sane 6rcwnn due. r If each and every the agreeawnte. stipulations. condlltens and- corommU of amid note and Oki, mnartgage. or sithw, we not luny pe►fonwed. cornynQd Wilk and abided by. Ik.n the rtlbo saw owntioned In meld n olo. and this mortgage. r the entire 6al.nam ""paid Ikereon, dwil forthwith r tkereaftar, of the option of 16 mortgagee, beewte and be. due and payable, anything in vatd note or herein W the contrary notwithstanding. Father by the atorfgogva Ic ereretme any of the rights or options heraM provided Shoff met ronslNwte a wmlvr of any rights er options under metal Vole or this mwrtgmge .mood or d weef ter eared-/. Jn MtSS WI[[1TDt, the Sold m 0IIII or A. kestrelo migned and sealed tkae pre$ente the Jay and year firN .have wrlNem. . Signed. -voted and d cured to Ike oresene. of, STATE or FLORIDA. coumTy of COLLIER KREHLINC HOI.SE' S,INCC.;. : ' a Florida corporation `• Henry W.1 �Krehling, Jr.-, .. �. ...._ ............. ......._...___._..._......._... �, ...... -. _...� ..... ................_ .......... ....___.._...._..._..__ ._..w._...® 1 HERESY CERTIFY dot as this day. Infers Say so efrmvr duly nnherin in the Sure mfreuW and In de County afone"id to tab ackme -1,4 ail pensomagy appeared Henry W. Krehling, Jr., President of Krehlingc Homes, Inc., the corporation named as Mortgagor in the Sore in instrument, w 'we hums w he de preen dr.c.,hrd in and who cxWW edge r n irrnrr�ent sad he ae►narkas hrtere nr t►u he eartroted de war. under autho ity duly est d in hire by said co Af haw mad a(r w ,eat I. the cur State l.a of 15th T•, dq d February A. D. 1973 fy/Commission E3r►rirer.: MoTlar runic. srli*P.t.n-*w at um' IIY C NRISSlON EXINRC.S bElT. 2, 197E oun ku alai: etrW.L r,,, ^4" UAW kaai" %tin Irulnnirnl ptrfrrrnl by: ItLt,y. .Ir.tltn .J. I.tL.•:.v� � �••:,'�. °,.•• �...• AJ,Irrnt 3MU G.Odi 1ati,i Pari. j :tl.,. rtr. i. Jt. i:l L Q, I Z. ,. ORDINANCE N0.03- � '� 1611 1 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREBENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9619N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LIVINGSTON VILLAGE PUD LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD (C.R. 881) NORTH OF WYNDEMERE COUNTRY CLUB, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.98± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, Planning Development, Incorporated, representing Marian H. Gerace and Wallace L. Lewis, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE rr ORDAINED by the Board of County Commissioners of Collier County, Florida, that: The zoning classification of the herein described real property located in Section 19, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Livingston Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9619N, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency ' ManjorieM. Student Assistant County Attorney PUDZ-2=- AR- 3W5/RW10 I 1611'y EXHIBIT A LIVINGSTON VILLAGE I,1 PLANNED UNIT DEVELOPMENT PREPARED FOR: Marian H: Gerace - and Wallace L. Lewis, Jr. c/o Steven A. Landy, Esq. Greenberg Traurig Attorneys at Law 1221 Brickell Avenue Miami, Florida 33131 PREPARED BY: PLANNING DEVELOPMENT INCORPORATED Michael R. Fernandez, AICP 5133 CASTELLO DRIVE SUITE 2 NAPLES, FLORIDA 34103 239 / 263 -6934 / 263 -6981 FAX PDI MRF @ AOL.COM DATE FILED: July 12,2002 DOCUMENT DATE: April 1, 2003 DATE REVIEWED BY CCPC: April 17, 2003 DATE APPROVED BY BCC: ORDINANCE NUMBER: ii TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1 -1 SECTION II PROJECT DEVELOPMENT 2 -1 SECTION III RESIDENTIAL DISTRICT 3 -1 SECTION IV RECREATION DISTRICT 4 -1 EXHIBITS EXHIBIT A LIVINGSTON VILLAGE PUD MASTER PLAN 16I1iii . I STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Wallace L. Lewis and Marian H. Gerace, hereinafter referred to as the developer, to create a Planned Unit Development (PUD) on 149± acres of land located in Section 19, Township 49 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Livingston Village. The development of Livingston Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Livingston Village is compatible with adjacent land uses as required in Policy 5.4 of the FLUE through the internal arrangement of land uses, the placement of vegetative buffers, and the proposed development standards contained herein. 2. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the FLUE and therefore is eligible for the base density of four units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 3.9 units per acre which is less than the maximum density provided by the Density Rating System contained in the FLUE and therefore is consistent with the FLUE, Policy 5.1. SHORT TITLE This ordinance shall be known and cited as the "LIVINGSTON VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE ". i 1 -1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Livingston Village PUD, and to describe the existing condition of the property proposed to be developed. The Livingston Village PUD is located within Collier County. 1.2 LEGAL DESCRIPTION The subject property being: Description-of Part of the North i2 of the North '/ of Section 19, Township 49 South, Range 26 East, Less and Excepting Interstate 75 Right -of -Way located in Collier County, Florida Beginning at the Northwest corner of said Section 19; thence along the north line of said Section, South 89 037'04" East 4886.95 feet to the west right -of -way of Interstate 75; thence along said right -of -way South 0007'55" West 1326.91 feet to the Northeast corner of Lot 7, Grassmere Phase Two, as recorded in Plat Book 16, pages 20 -21; thence along the north line of the replat of the part of Wyndemere Tract Map as recorded in Plat Book 13, pages 3943, North 89 036'39 "West 4896.99 feet to the Northwest corner of Parcel "BB" according to said plat; thence along the West line of said Section 19, North 00 033'56" East 1326.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Containing 148.98 acres more or less. Bearings are based on the north line of Wyndemere being North 89 036'39" West. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Wallace L. Lewis, Jr. and Marian H. Gerace, hereinafter jointly called "applicant or developer". 1611"all J '' 1.4 GENERAL DESCRIPTION OF PROPERTY A. The total site area is 149± acres and is located immediately north of the Wyndemere residential community along Livingston Road and extends eastward to the right -of -way of Interstate 75. This parcel is located within Section 19, Township 49 South, Range 26 East, Collier County, Florida, B. The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. SECTION 11 PROJECT DEVELOPMENT 2.1 PURPOSE 16 11 2-1 The purpose of this Section is to generally describe the plan of development for Livingston Village, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Livingston Village has an area of 149± acres and shall consist of a maximum of 590 residential units developed as a mixture of single and multi - family residences in a community of individual residential tracts, and shared open space features. The project's primary access shall be from Livingston Road via an entry drive or public road located along the northerly property line of the subject property. A secondary access from Livingston Road shall be located approximately 660 feet north of the property's southerly boundary. The Livingston Village PUD Master Plan is illustrated graphically on Exhibit "A ". A Land Use Summary indicating approximate land use acreages is shown on the PUD Master Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Livingston Village PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and GMP which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Unless modified, waived or excepted by this PUD Document, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. j 1 2 -2 E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.2.4. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Livingston Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. 2.4 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during the preliminary subdivision plat approval process. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all internal project roadways in accordance with the standards established herein and applicable provisions of the Land Development Code. Roadways within Livingston Village shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: A. LDC Sections 3.2.8.3.19: Street name signs shall be approved by the Engineering or Transportation Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street Pavement painting, street striping, and reflective edging requirements shall be waived. B. LDC Section 3.2.8.4.16.9: The requirement that curved streets have a minimum tangent of 75 feet at intersections shall be waived. C. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right -of -way width shall be no less than 50 feet. D. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul -de -sac streets shall be waived. The maximum length shall be 1,400 feet unless extended upon review and approval of the Fire District. E. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. F. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement. G. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non -paved areas of the right -of -way shall be waived to allow the installation of decorative planters and alternative ground cover. 123 H. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support the variance at the time of development plan submittal and approval of the Engineering Services Director. 2.5 LAKE SETBACK AND EXCAVATION A. As depicted on the Livingston Village Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme and may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. C. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 of the LDC. D. Lake Setbacks Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: 1. Lakes and stormwater management features may be located adjacent to internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross - sections, and need for barriers. 2. With the exception of the Collier County drainage easement along the project's south property line, lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Livingston Village PUD. E. Blasting can be utilized in the excavation process provided such excavations meet the setback requirements and other provisions of this PUD Document for lakes. Unless otherwise addressed herein, blasting shall be governed by the applicable provisions of the LDC. 2.6 MODEL HOMES /SALES CENTERS /SALES OFFICES /CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers (related to the promotion and sales for the development such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs) shall be permitted principal uses throughout the Livingston Village PUD subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the LDC. The limitation of Section 2.6.33.4.1.5(a), regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. The model home /sale centers temporary use permits shall be valid for 1611"1 ',. five years. An annual extension of this temporary use may be permitted with the review and approval of the Planning Services Director. These uses may be either wet or dry facilities. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable water, existing lakes or irrigation wells for irrigation. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Livingston Village PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Livingston Village PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Livingston Village PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -way, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the preservation area. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or other similar entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Livingston Village PUD. The following standards shall apply: 1611'' z, A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground covered berms 3:1 3. Structural walled berms — vertical and located at the rear of a required landscape buffer B. The maximum height of the berm adjacent to 1 -75 is 22 feet, as measured from existing grade. A landscape berm adjacent to 1 -75 shall be as required in Section 2.4.4.18.1 of the LDC. C. The maximum height of any combination of perimeter landscape berm, fence or wall adjacent to 1 -75 is an eight foot wall or fence on top of a 22 foot berm measured from the highest crown elevation of 1 -75. D. The maximum height of all- other- fences or walls is eight feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest existing road. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under Section 2.12 of this Document, and shall be governed by the height limitations for principal structures of the internal land use designation in which they are located. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. F. Upon submission of a landscape plan, the County Landscape Architect may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Livingston Village PUD prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. G. Fence or wall setbacks: Fences, walls and similar structures shall have a minimum of a 5 foot setback from development boundaries where adjacent to a public right -of -way and a 2 foot setback from all other land uses. H. Fences or walls may be placed zero feet from the internal right -of -way provided that shrubs are provided in the right -of -way and may be located five feet from project perimeter, subject to review and approval by the Transportation Division at time of SDP review. In the case of access control structures within rights -of -way adjoining two or more different internal land use designations, the more restrictive height standard shall apply. 2 -6 J. Pedestrian sidewalks and /or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers /easements, per the Land Development Code. K. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be installed prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive spacing of one per lot or one per 50 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 10 -foot height at installation. Street trees shall be located within 10 feet of the edge of pavement and between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 6 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Street Tree Master Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements and other applicable Code provisions. 2.10 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a temporary principal use throughout the Livingston Village PUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: 45 feet 2. Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Livingston Village PUD except in the Preserve District. General permitted uses include earth mining, rock crushing and excavation operations, which are directly related to and necessary for onsite development, and those uses which generally serve the residents of the Livingston Village PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Architectural features and elements including walls, fences, arbors, gazebos and the like. 7. Temporary construction, sales, and administrative offices for the developer and developer's __authorized contractors and. consultants, including - - - " necessary access ways, parking areas and related uses. 8. Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.9 of this PUD and the Land Development Code. 9. Fill storage, site filling and grading are subject to the standards set forth in Section 2.10 of this PUD. 10. Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LDC in effect at the time of the request for such use. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to General Permitted Uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback except that access control structures shall have a setback of 75 feet from public right -of -way external to the project. 2. Other general permitted uses shall be set back a minimum of five feet from property lines. 3. Minimum distance between structures, which are part of an architecturally unified grouping — five feet 4. Minimum distance between unrelated structures — ten feet 5. Maximum height of buildings — 35 feet 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 1611 ' is 8. Sidewalks and bikepaths may occur within County required buffers per the Land Development Code. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Livingston Village PUD are to be in accordance with the LDC provision in effect at the time of Site Development Plan, Subdivision Plat or building permit application, as may be applicable. 2.13 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pervious green space within development parcels and lots. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS .-There are approximately 14.6 acres of native vegetation currently on site. Per Section 3.9.5.5.3 of the LDC, twenty -five percent of the native vegetation (3.7 acres) is required to be retained on -site. The four acres of preserve areas within the drainage easement on site shall fully satisfy the LDC requirement and Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. 2.15 EXOTIC VEGETATION REMOVAL An exotic vegetation removal, monitoring, and maintenance (exotic -free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Environmental Services Department review staff prior to final plat/construction plan approval. A schedule for exotic removal within the preservation areas shall be submitted with the above - mentioned plan. 2.16 AGRICULTURAL ACTIVITIES The site has been used and is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC, shall continue to be a permitted use until such time as residential development has commenced. 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of permit approval shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County owned right -of -way, a right -of way permit must be applied for and approved. 1611'1 ,., 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers /easements. B. Residential Project Entrance Signs 1. Entrance signs may be located at each side of each entrance to the project and may be one, two or three - sided. A maximum of two 1- sided, one 2- sided, or one 3 -sided entrance signs may be permitted at each entrance. 2. No sign face area may exceed 60 square feet and the total sign face area of Entrance Signs at each entrance may not exceed 120 square feet. -- The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from any rights -of -way and any perimeter property line shall be five feet. 4. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 5. Entrance signs may not exceed a height of 10 feet above the finished ground level of the sign site. For the purpose of this Section, finished ground level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. 6. The southeast corner of the intersection of Livingston Road and the entry drive at the project's northern property line (or the Green Boulevard Extension public roadway), shall be considered a residential project access and may be improved with residential project entrance signage. C. Interstate 75 Sign A ground sign shall be permitted along the eastern PUD boundary adjacent to Interstate 75. Such sign shall contain only the name of the development and /or the insignia and shall not contain promotional or sales material. The ground sign shall be compatible architecturally with the unified theme of the PUD. Such ground sign shall not exceed 200 square feet and shall have a maximum height of 20 feet. Sign area shall not include landscaped and architectural enhancements and treatments. D. Internal Signs in the Residential Districts 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights -of -way may be zero feet. Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Livingston Village PUD. Individual signs may be a maximum of 100 square feet per 2 -10 sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Residential directional or identification signs may be allowed internal to the subdivisions. Such signs may be used to identify the location of or direction to approved uses such as models or model sales centers, clubhouse, and recreational areas. Individual signs may be a maximum of four square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of eight feet. No building permit is required, unless such signs are combined to form a menu board. E. Directional /Identification Signs Directional or identification signs may be allowed internal to the Livingston Village PUD. Such signs may be used to identify the location of or direction to approved uses such as sales centers, model centers, recreational, uses, information - - - -- centers, or the individual components of the development. Individual signs may be a maximum of six square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. F. Real Estate Signs The developer may locate real estate signs within the project. The signs shall have a maximum size of six square feet per side. Such signs may advertise "For Sale ", "Sold To ", or "Lot # ". No building permit is required. G. Temporary Signs 1. Temporary signs may be permitted and may consist of the following types: project identification, real estate, sales center identification, and directional. 2. All other temporary signs may not exceed 32 square feet in area. If the sign is two- sided, each sign face may not exceed 32 square feet in area. 3. The setback for temporary signs from internal rights -of -way shall be five feet. 4. Temporary signs may not exceed 10 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 75% build -out. 6. Special Event Signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 15 feet from any property line. No building permit is required. l� fir 11 bEl 7. Grand Opening Signs: The developer may display an on -site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. A banner sign shall be anchored and may be displayed on -site for a period not exceeding 14 days within the first three months of opening for business. 8. No building permit is required for temporary signs as listed above. 9. No temporary signs shall be visible from the 1 -75 Right -of -Way. H. Construction Entrance Signs 1. Two "construction ahead" signs may be located ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. I. Traffic Signs Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 2.18 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 2.19 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way, or within dedicated County utility easements, shall be conveyed to Collier County pursuant to Collier County Ordinance 97 -17, as amended, except as may be provided in Section 2.8 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.8 of this Document. C. Temporary construction and /or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D -6, and may use potable or irrigation wells. D. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks /paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line. Said seven feet being measured from the trunk of the tree to the I 1 2 -12 center of the utility line. Reconstruction of sidewalk/paths, or modification /reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.20 TRANSPORTATION The developer shall reserve acreage along its northern property line for a segment of the potential future extension of Green Boulevard from Santa Barbara Boulevard to Livingston Road. The reservation shall be the northernmost 75 feet between Livingston Road and the mid section line, approximately 4.5 acres, and the northernmost 100 feet width between the mid section line and 1 -75, approximately 5.3 acres. This reservation is made to accommodate a potential alignment of this proposed roadway segment for which an alignment study is scheduled to be undertaken between years 2003 and 2004. This reservation shall expire January 15, 2005. Prior to this date, the developer agrees to dedicate said reservation to the County upon receipt of the County's request, in exchange_ for road impact fee credits equal to the fair market value of the property dedicated to the County. In the event that the developer has completed the project as determined by the Developer and there are remaining road impact fee credits the County shall reimburse the developer in cash the amount of road impact fee credits remaining. The value of the acreage dedicated to the County shall be based on the fair market value of the said acreage at the time of rezone approval and not at the time of a County request for dedication. The developer shall demonstrate at the time of platting or SDP application that the reservation of the acreage has occurred. The developer reserves the right to improve the reserved area with landscaping and related improvements, but such improvements will not be considered as improvements in the evaluation of the land's value nor shall the Project be dependent on such improvements for purposes of satisfying its obligations under this PUD, unless and until the reservation is deemed vacated as provided below. For example, improvements within the reservation lands shall be in addition to required perimeter buffers in the event the County requires the dedication of the reservation lands. Should the County obtain these lands, the County shall provide an easement, which allows the Developer the option to remove or retain and maintain such improvements until such time as roadway improvements commence. The developer further reserves the right to utilize the area reserved to the County for a project access driveway. Developer shall be responsible for all necessary permitting associated with the portion of the driveway improvements to be constructed. Should the Developer elect to construct the improvements consistent with the design standards of 2 -lanes of the proposed 4 -lane Green Boulevard Extension urban cross section, the Developer shall be entitled to additional road impact fee credits equal to the value of the improvements. In the event road impact fee credits for the construction of the County road remain at the time the Project is completed by the Developer, as determined by the Developer, the County shall reimburse the Developer in cash the amount of the road impact fee credits remaining. 1=,= Should the County not elect to request the dedication of the reservation lands prior to the above date, then the reservation will be deemed vacated and the encumbered acreage shall be released and may be incorporated into the project as if the reservation had not existed, and the Developer may relocate any previously provided project perimeter buffer to the Project's northern boundary. Project improvements which occur south of and adjacent to the reservation lands which occur prior to either the dedication to the County or prior to the termination of said reservation obligation, shall be required to include a 20 foot wide, Type D Landscape Buffer as defined in the Land Development Code. 2.21 ARCHAEOLOGICAL RESOURCES Pursuant to Section 2.2.25.8.1 of the LDC, 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. 2.22 MONITORING REPORT AND SUNSET PROVISIONS A. The Livingston Village PUD shall be subject to the Time Limits of Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 1oI1�'� >1 SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "R1" and "R2 ". 3.2 MAXIMUM NUMBER OF DWELLING UNITS The number of dwelling units to be built in Livingston Village pursuant to this PUD will not exceed 590. 3.3 GENERAL DESCRIPTION Areas designated as "R1" and "R2" on the Livingston Village PUD Master Plan are designed to accommodate a range of residential dwelling types, compatible accessory uses, recreational facilities _ essential services, and customary accessory uses. The approximate acreage of the "R1 ", and "R2" Districts is indicated on the Livingston Village PUD Master Plan. This acreage is based on conceptual design and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES - "R1" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse, two- family and duplex dwellings. 3. Zero lot line. 4. Model homes, sales centers including administrative offices and construction offices. 5. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such a use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, and other facilities intended for outdoor recreation, project maintenance facilities, guest �� il � m 3 -2 houses, boat docks (for residents of the project and their guests), garages, pools and other recreational facilities. 2. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein by Section 2.17. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES - "R2" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1._._ _..___All of the uses permitted in the Residential "R1" District herein. 2. Multi- family dwellings. B. Accessory Uses: 1. Accessory uses and structures customary associated with principal uses permitted in this District, including gazebos, pedestrian and bicycle paths, swimming pools, garages, pools and other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.6 DEVELOPMENT STANDARDS A. Table 3 -1 sets forth the development standards for land uses within the "R1" and "R2" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 3 -1 shall be established during site development plan approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district allowing uses most similar to the proposed use. F. Attached or detached residences which include bedroom suites accessed from a courtyard and not the main house are permitted providing that: 1 1 1 3 -3 1. The bedroom suite structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance from the street of being one single - family residence and elevation; 2. The bedroom suite structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The bedroom suite structure shall not contain the residence's primary cooking facilities. 1 '" . 611 3-4 TABLE 3 -1 - DEVELOPMENT STANDARDS FOR THE "R1 and R2" RESIDENTIAL DISTRICT 1 Front yards are measured from the back of curb or edge of pavement (if not curbed). 2. Where adjacent to a lake or open space feature, setback is reduced to zero -feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. All zero lot line units in a series shall have the 0 foot side setback on the same side of the lot. The zero foot side setback may change only if a minimum 10 foot wide space is provided in the form of a recorded easement, which separates the series of lots. 5. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guest houses or bedroom suites are subject to setbacks for principal structures 8. Accessory pool enclosure /screen lanai setback may be reduced to zero feet (0) when attached to common privacy wall. 9. Accessory pool enclosure /screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principle residence and a quest house shall have a minimum lot area equal to 1'/ times the minimum lot area requirement of the principle use. SINGLE ZERO LOT TWO SINGLE FAMILY MULTI FAMILY LINE FAMILY & ATTACHED & FAMILY DETACHED DUPLEX TOWNHOUSE DWELLINGS Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 2,000 sq. ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 20 ft. 60 ft. Principal & 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Accessory Side Entry Front Yard Garage loft. loft. loft. loft. loft. Setback' .7. and/or Front 10 Porches Garage or Carport on n/a n/a n/a n/a 0 ft. Parking Lot Accesswa Rear Yard Principal loft. loft. loft. 10 ft. loft. Setback 2' s, 7,11 Accessory 5 ft 5 ft. 5 ft. 5 ft. 10 ft. 0 ft one side 12 other Side Yard Setback side Principal & Accessory 6 ft. 0 ft or 6 ft. 0 ft or 6 ft. loft. 2,4,7,8,9,10 6 ft. on both sides Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. Minimum Distance Between 10 ft loft. loft. loft. 20 ft. Principal Structures Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. Setback from Preserve — 25 ft 25 ft. 25 ft. 25 ft. 25 ft. Principal Structures Setback from Preserve — loft. loft. loft. loft. 10 ft. Accessory Structures 1 Front yards are measured from the back of curb or edge of pavement (if not curbed). 2. Where adjacent to a lake or open space feature, setback is reduced to zero -feet (0'). 3. Building height shall be measured from the first habitable finished floor elevation of the unit. 4. All zero lot line units in a series shall have the 0 foot side setback on the same side of the lot. The zero foot side setback may change only if a minimum 10 foot wide space is provided in the form of a recorded easement, which separates the series of lots. 5. Minimum lot width may be reduced by 29% for cul -de -sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guest houses or bedroom suites are subject to setbacks for principal structures 8. Accessory pool enclosure /screen lanai setback may be reduced to zero feet (0) when attached to common privacy wall. 9. Accessory pool enclosure /screen lanai setback from lake maintenance easement may be reduced to zero feet (0'). 10. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 11. Principal or accessory structures may not encroach into any required landscape buffer. 12. Lots supporting a principle residence and a quest house shall have a minimum lot area equal to 1'/ times the minimum lot area requirement of the principle use. 16I1'j °' SECTION IV RECREATION DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Livingston Village PUD designated on the Livingston Village PUD Master Plan as "REC ". 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation District is indicated on the Livingston Village PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Tract is designed to accommodate customary recreational and amenity uses for a planned residential community. Depiction of the Recreational land use on the PUD Master Plan does not obligate Developer to designate a recreational land use for this acreage and this area may be developed with R1 or R2 District land uses. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Community and recreational uses and facilities such as clubhouse and similar facilities that serve as an integral part of a residential development. 2. Shuffleboard courts, tennis courts, swimming pools, children's playgrounds and other facilities intended for outdoor recreation. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation District. 5. Utility, water management and rights -of -way /access easements. 6. Lakes and water management facilities. 7. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. B. Lake excavations as permitted by Division 3.5 of the LDC. B. Accessory Uses: 1. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4 -2� 2. Signs as permitted by the LDC in effect at the time permits are req ested; except as modified herein Section 2.17. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting, and written approval by the developer or master homeowners' association. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 10 feet from "REC" District boundaries and private roads, and 25 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. In no instance shall any structure encroach into a required landscape buffer. B. Accessory structures shall be set back a minimum of five feet from "REC" District boundaries and private roads, and 20 feet from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings — 35 feet. E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping —10 feet. F. Minimum distance between all other principal structures — 15 feet. G. Minimum distance between all other accessory structures —10 feet. H. Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. 1 LNINGSTON ROAD E `g ro f a m N r E WNW O >412 m O i c8�q m ra ss A y SW A202 i „ y igK C c � {•' r � f i E Q 0 f ® f i � 1 o j ! E 1 E �i D N ® 0 00®I0 Z ®! ror as O ®! m n r C �r m C 5 7A N ! O°�n� m C y Gy°mAmj vmi a E N zm N °> f ! yWtm� °r i T mz yam $ 1 m r5 a :9-4W e i N O C U1 fJ1 + C� 1 _ k g w = PLANNING DEVELOPMENT INCORPORVED LIVINGSTON VILLAGE PUP PUD MASTER PLAN 0 n'. Devtiawo+ reaasurArns. a+ cr AEMr;An►ExsAnowWsnweAndneels a..r .AUacr ua a� um rriw x w.a EJffUB17• 'A' 8 513 CASTELLO DRIVE SUITE 2. NAPLES. FLORIDA 34I03 /M.", A 1AMM T jrAM �•• ,ry Ibr Jnn NAPLES. FLORIDA ,®- , March 20, 2003 1�I1''� TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 20, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain David Wolfley Dwight Richardson Lora Jean Young Lindy Adelstein Paul Midney Brad Schiffer Russell Budd ALSO PRESENT: Joe Schmitt, Community Dev.& Environmental Services Ray Bellows, Planning Services Dept. Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney David Weeks, Chief Comprehensive Planning Services Ross Gochenaur, Planning Services Mike Bosi, Planning Services Fred Reischl, Planning Services Glenn Heath, Planning Services Jean Jourdan, Planning Services Page 1 March 20, 2003 1. A moment of silence was held. Pledge of Allegiance was cued fitl Chairman Abernathy calling the meeting to order at 8.3 Alba: 2. Roll call was taken — a quorum was established. 3. Addenda to the Agenda — Mr. Budd asked about a separate mailing he received from Roetzel and Andress about a sub - district that does not appear on the Agenda and wondering why. Marjorie Student commented it will not be on the Agenda. When matters are not advertised, they are not on the Agendas. Mr. Strain is asking for two items to be added to the Agenda under New Business. 1) Discussion with Commissioner Coletta to hold meetings in Immokalee. 2) Format of the Agendas. 4. Approval of Minutes —March 6, 2003 —It was noted Mr. Budd's name was inadvertenbtly omitted from the roll call as being presen, and Mr. Schiffer's name was spelled incorrectly. Mr. Adelstein moved to approve the minutes of March 6, 2003 with the above corrections. Seconded Mr. Budd. Carried unanimously 9 -0. 5. Planning Commission Absences — April 3`d meeting — Mrs. Young will not be in attendance. 6. BCC Report — Recaps — February 25, 2003 — the BCC recommended approval of the East Gateway PUD with a stipulation that no additional square footage be built until the roadway services are improved. Joe Schmitt wanted to make a comment concerning the last meeting when Livingston Village was withdrawn. There was a comment made about lack of cooperation from the applicants representing firm — Wilson/Miller. He apologizes and stated it was no way to criticize the firm which is very reputable. It was a matter of issues that they decided to withdraw and sever their relationship with the applicant. 7. Chairmen's Report - none 8. Advertised Public Hearings: A. BD- 2002 -AR -3415 — Miles Schofield, of Schofield Marine Consulting, representing Damon Warfel of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway for property located at 5348 Barefoot Bay Court, Barefoot Bay, Collier County, Florida. Disclosures — None Page 2 March 20, 2003 Those testifying were sworn in by Mr. Abernathy. 1611 PETITIONER Mr. Rocky Schofield with Scofield Marine Consulting, representing Damon Warfel, President. The Sub - division is called Barefoot Bay on Bonita Beach Road. Across from Lely Barefoot Beach and consists of 9 lots. He displayed a map and explained the area to the Commissioners. Two have already been approved for extensions. There are 3 hearings and will all be the same size docks, boat lifts and the lots similar. He showed lots #2, 6 & 7 on the aerial map. He showed lot #2, showing they cannot park a boat in front of any of the docks without an extension. They are proposing boat lifts protruding out 13 feet from the front of the dock. Front of the dock is approx. 15 feet from the mean high water line and boat and boat lift out 27 feet. They are requesting a 28 foot boat dock extension. The waterways meet the criteria of the 25% rule. He showed the waterway and the other docks. All the requirements have been met for the widths of the waterway. Mr. Adelstein asked why the contractor isn't making the docks the length Mr. Schofied is asking by going that extra foot. He would feel better reducing them all to 27 feet. Discussion followed on the boat lift referring to the map. Mr. Scofield explained the rip rap being rock seawall or bank stabilization. Mr. Abernathy questioned the depth of the water all being the same depths and wondered if it was dredged. Mr. Schofield had it surveyed and the numbers are according to that survey. STAFF Ross Gochenaur — Planning Services — the three resolutions he has, show the standard stipulations. They are referring directly to the resolution in the staff report. All three of them have similar stipulations. He felt approving the protrusions would be appropriate, even one being marginally over the 25 %. The Building Dept. allows about 6 inches leeway with pilings; being they tend to settle. The applicant is being responsible giving the one extra foot rather than taking it from the Building Dept. He would approve the 28 feet for all three resolutions. The hearing is closed for motion and discussion. Mr. Budd moved to approve petition BD- 2002 -AR -3415 with the total length reduced to 27 feet with staffs stipulations. Seconded Mr. Adelstein. Carried unanimously 9 -0. B. BD-2002-AR-3203, Miles Schofield, of Schofield Marine Consulting, representing DCS, Inc, requesting an 8 foot dock extension to allow Page 3 1,q, Margh 20, 2003 X11 for facility protruding a total of 28 feet into the waterway for property located at 5328 Barefoot Bay Court, Barefoot Bay, Collier County Florida. PETITIONER Mr. Rocky Scholfield - representing Damon Warfel — this one represents Lot #7 which is a tight lot and the smallest in the sub - division. They are putting the same size dock in as the previous one and meet all criteria. They would be willing to change it to the 27 feet. Those testifying were sworn in by Mr. Abernathy. Disclosures — None. Discussion followed on the size of boats that can access the area. The maximum size would be 26 feet. STAFF Ross Gochenaur — Planning Services — staff has no objections and recommended approval. The hearing is closed for motion and discussion. Mr. Wolfley noticed in the last request that at 28 feet they were sitting at 25.2% of the waterway. This one is 23.3% - consequently he didn't feel the restriction of the 27 foot rule should apply. Mr. Wolfley moved to approve the request BD- 2002 -AR -3203 with stipulations by staff. Seconded by Mrs. Young. Carried unanimously 9 -0. C. BD- 2002 -AR -3491— Miles Schofield, of Scofield Marine Consulting, representing DCS, In., requesting an extension for a boat dock facility protruding a total of 28 feet into the waterway for property located at 5332 Barefoot Bay Court, Barefoot Bay, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER Page 4 1 March 20, 2003 1611 Rocky Schofield - representing DCS, the applicant — lot #6 — s e criteria as the last two requests. They fit the minimum requirements of the 25% and 50% of the waterway rule and meets all criteria. STAFF Ross Gochenaur — Planning Services — the petition meets all criteria and has no objections. The hearing is closed for discussion and motion. Mr. Wolfley recommends approval of BD- 20032 -AR -3491 with the staff stipulations. Seconded Mr. Adelstein. Carried unanimously 9 -0. D. VA- 2002 -AR -3381— David M. Corban requesting an after the fact variance of 161 /s Feet from the required rear yard setback of 20 feet to 31/ feet from the property line for the renovation of an existing house constructed over a drainage canal and waterway easement, for property located at 2832 Arbutus Street. This is different then what was in the packet. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER David Corban — 2832 Arbutus Street and a Principal Architect — purchased home 3 years ago. Met with County Planners and found the LDC allowed for non - conforming residential structures to be altered, renovated, expanded or re- built. Further research he found the home had been on the tax rolls since 1968 and occupied as a single family residence and not boat house. The way the building is constructed he feels was always meant to be a single family home, because the formation of the sea wall and the location of the columns tells him that the sea wall and the sight was always intended to have a structure built over the water. Financially, it would not be beneficial to renovate the house. He is asking to rebuild in its existing location without increasing the non- conformity. The pilings are in bad shape, hurricane straps rusted through, ceilings are low, no insulation, and the railings are not to current code. It would be better to build it to current code and meet the requirements. He hasn't decided if he will keep it a single story. A question was asked if the home was destroyed by a hurricane. Mr. Reischl responded if the home was destroyed more than 50% it would remain in its location. If destroyed by Page 5 1 c' I 1 March 20, 2003 greater than 50% it could be rebuilt to the same density, but meet current dimensional standards. (Setbacks) Variance supersedes rule. Mr. Corban discussed conforming according to the FEMA numbers. STAFF Mr. Fred Reischl — Planning Services — has no effect on the Growth Management Plan and will need to get building permits and meet building codes. Three neighbors looked at the file and had no objections. The hearing was closed for discussion and motion. Mr. Schiffer moved to approve of VA- 2002 -AR -33871 to the Board of Zoning Appeals with staffs recommendations. Seconded Mr. Budd. Carried unanimously 9 -0. E. CU- 2002 -AR -2866 — Mario Valle representing Creative Homes of SW Florida Inc. requesting a Conditional Use 7 of the "E" Estates zoning district for earthmining for lake excavation per section 2.2.3.3, for properties located at 4225 31st Ave. NE and 4235 31St Ave. NE., on 5.0 acres. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER Mario Valle — Creative Homes — Creative Homes provides entry level single family homes for the workforce for Collier County primarily in the area of Golden Gate Estates and /or Golden Gate City. They are trying to help their customers save money with the costs of septic sand and import to different locations. They can improve a 5 acre parcel by putting a 2 acre lake on different locations. He noted on the Executive Summary page two. it stated " Immokalee Road" that would be traveled on — it should actually be "Oil Well Road and Everglades Blvd." He is trying to limit the amount of traffic in Immokalee Rd. No fill has been taken out of site in last 6 months waiting for water table to go down. The rip rap & rock placement around the site is for fish habitat in the lake. Discussion followed on the trips per day being an average of 3.2 trips per day. The hours of operation noted in a letter from Mr. Valle was referred to. The staff's hours were slightly different and reduced. Mr. Valle agrees with the staff's hours but would like to work on the trips per day to be efficient. Page 6 1611 � I March 20, 2003 This is for 2 lots — 2 single family sites and will stay 2 parcels. (2.4 acres -1974) The Golden Gate Association has given approval and some members have viewed the site. Mr. Valle sits on the Golden Gate Assn. Board. STAFF Mike Bosi — Planning Services — clarified the Estates Districts 2 '/a acres are the minimum lot sizes. Not setting an abnormal precedent. The Planning Commission approved an excavation permit for Lot #145. He also noted he passed out revised stipulations due to minor grammatical changes. He covered the redundancy and minor changes. He received several calls from property owners and after describing the situation and project there were no obligations. There was one objection at the neighborhood information meeting stating there were wetlands on the project. The Environmental staff did extensive research, assessed and was resolved. Mr. Schiffer asked about a time limit on the conditional use. There is 5 year expiration — they have a 3 year window now. In addition to the conditional use they are working with the engineering staff for a commercial excavation permit which is a companion item and will be heard before the BCC. Mr. Strain asked staff about the hours of operation. Mike Bosi stated it means any activity on that site. Ray Bellows said the building permit has hours of operation for controlling of noise but the stipulation came as a result of keeping it out of the rush hours. Mr. Strain said what he is hearing is not what is in the resolution. Mr. Bellows said the building permit is for the hours of excavation. The conditional use is for regulating the truck traffic in and out. Mr. Strain would like to see it stated more clearly so the public understands. Mr. Valle read the document as part of the stipulation was; they would not haul anything prior to the original application time. Mr. Abernathy summarized it that he could be loading the trucks after 3:00 PM for the next morning — prior to 9:00 AM. He wouldn't load any trucks prior to 8:30 AM because it wouldn't make sense economically. Mr. Strain read it that they wouldn't start to load or make any noise until 9:00 AM. Mr. Bosi clarified the hours of operations would be limited to those associated with the building permits but the truck operations for on and off site be limited to 9 AM to 3 PM. Staff recommends approval with the conditions and the LDC criteria being met. The hearing is closed and open for discussion and motion. Page 7 Marph 20, 2003 1' Mr. Budd moved to recommend approval of petition CU- 2002 -AR -2866 to the Board of Zoning Appeals with the modified staff stipulations "Exhibit C". Seconded Mr. Wolfley. Carried unanimously 9 -0. Break — 9:50 AM Reconvened —10:15 PM 2002 CYCLE GMP AMENDMENT PETITIONS David Weeks — Comprehensive Planning Section — noted there were revised staff reports and as they make their presentations they will be working off the loose leaf sheets of the latest versions of the staff reports. Stan Litsinger introduced two new Comprehensive Planners — John David Moss and Darrin Murphy. Discussion took place concerning the GMP Amendments and the LDC Code Amendments. The details of the Comprehensive Plan Amendments were discussed and noted questions will be asked accordingly? Mr. Weeks gave an overview & comments which were: - Will be 4 privately initiated and 6 by the County. - These are Comprehensive Plan Amendments not rezoning - This is Transmittal Hearing — not making recommendations on adoptions - Sent on to the Board of County Commissioners and then the FL Dept. of Community Affairs — State & Regional Agencies — then DCA (Dept. of Community Affairs) will issue their ORC (Objections/Recommendations & Comments) Report. - They will make sure they are found in compliance - Notice of Intent - purpose for persons to sign up — person will be notified if found incompliance or not according to State Statutes. - Revisions were sent to the Planning Commission - Was advertised — full page - 6 months behind schedule — usually adopted now - BCC hearing on Amendments will be April 8`s, 2003 - Procedurally — petitioner first — then staff will provide overview of analysis, findings and recommendations - Minor changes will be presented — some grammatical - Need to collect the Documents at end of meeting Page 8 .� Margh 20, 2003 1 1) CP- 2002 -1- Petition requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5 plus or minus acres to allow 185,000 square feet of certain specified commercial uses for property located 1/a mile east of Collier Blvd. (CR -951) and on the north side of the road leading to the Swamp Buggy grounds (opposite Rattlesnake- Hammock Rd. PETITIONER Rich Yovanovich — this petition basically is to add a Comp Plan Amendment of approx. 18.5 acres near Rattlesnake Hammock road. The staff report is detailed to the types of uses. The intent of the petition is to provide office opportunities for contractors, specialty contractors, engineers and surveyors. Distinguish it from a general office park to be more like the Horseshoe Drive Collier Commerce area. (Business -not Industrial Park) Wants to clarify it is for indoor self- storage not industrial type self- storage. Distinguish them from a typical office park. Warehousing is not appropriate so can be eliminated. Not intended to be an Industrial Park. Mr. Wolfley feels they need to get a better handle on where the County is going in certain areas. Not sure what the solution is but would be better in making their decisions. Mr. Strain is concerned bout the 951 Corridor rapidly changing and not the Urban fringe sub - district any longer. He asked if anyone in the County is looking at Master Planning the remaining parts of the corridor. Mr. Weeks responded there is no Master Plan. They will be going through an Evaluation Appraisal Report. When making decisions they need to consider the facts at hand. Know there is a proposed hospital, but don't know for sure yet. County doesn't have the only control. Need to consider the facts. Mr. Strain would like some language that would indicate this in not an entitlement at this point. Mr. Yovanovich states all this is asking is the right to come in and ask to rezone the property. Mr. Weeks said the Planning Commission isn't mandated to approve — there are thresholds and can not exceed them — the square footages or the categories of uses. Staff does object to the proposed changes. The staff needed more data and analysis to justify why they need the uses and intensities. They did submit information and analysis of other commercial areas, to demonstrate this category of uses related to the construction trades, doesn't have enough amount of zoning. They could come back and ask for an unknown square footage. It does show there is a need for the contractor related businesses. What would be the basis for denying it? More discussion followed concerning the square footage, data and analysis and rezoning. It «,as decided the petitioner would provide more analysis to staff on traffic and market studies, or whatever is needed to appease staff's concerns. Page 9 Marsh 20, 2003 STAFF Jean Jourdan — Comprehensive Planning Services — no correspondence and no objections. Mr. Weeks feel they will see many other changes occurring and requested along the corridor. The hearing is closed for discussion and motion. Mr. Budd moved they forward the petition to the Board of County Commissioners with a recommendation of approval to transmit to the Dept. of Community Affairs eliminating the specific allocation at this time, limiting the total to 185,000 square feet for indoor self - storage, and delete — "warehouse space for various contractor building/builder construction trade occupants and association with related offices." Also with sufficient information provided in time for staff to make a firm recommendation prior to adoption. Seconded Mr. Wolfley. Mr. Yovanovich stated what he is trying to do is not change the concept, but to clarify the concept presented. The data and information will support what they are doing. Carried unanimously 9 -0. 2) CP- 2002 -3 — petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Sub - district by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C -3 zoning district, and removing conditional uses for property located at the NE quadrant of the Pine Ridge Road/Livingston Road intersection. PETITIONER Robert Duane — Hole, Montes & Assoc. — the subject property they are adding to the Pine Ridge road mixed use sub - district was shown on the map, (At the intersection of Pine Ridge Road and Livingston Rd) increasing the acreage in the sub district from approx. 13 acres to 16 acres. Requesting retail uses in the amount of 80,000 sq. feet to the westerly most 20.5 acres of the sub district. Uses would be those in the C3 zoning district. The existing uses that are permitted on the eastern 7 acres of the district or the conditional uses and the plan currently permits is the Golden Gate Master Plan single family uses at the intersection. He discussed the different changes taking place with the 4 -6 lanes on Pine Ridge, the extension of Livingston Road extending to the north. Chances in the Amendments to the comp plan allowing commercial uses on this particular tract (commercial office uses) and also the adoption of the Pine Page 10 1 � 1 arch 20, 2003 Ridge /Livingston road commercial infill sub - district on the other side of Pine Ridge Road. Both properties are contained in that sub - district. They are also proposing a loop road servicing to take traffic through the subject property from Pine Ridge Road onto Livingston Road. Proposal was taken to the Golden Gate Master Planning Committee, in which they recommended, with approval, and had no objections. Mr. Strain asked about particular language and wondering if it may be too flexible. STAFF Glenn Heath — Planning Services — a phrase was taken out "in an acceptable manner ". Discussion followed on the landscape buffers and setbacks along with traffic concerns. It was noted another traffic analysis will be done and exit points are subject to review by the County Transportation Staff. Marjorie Student, Assistant County Attorney stated they can have a consistency with the Comprehensive Plan because the language would indicate that all the C3 uses could be utilized and later on if they tried to restrict the applicant; they could argue that it isn't consistent with the Comp Plan. She said "if something needs to be limited, now is the time to do it." After much discussion, Mr. Duane stated he would insert two sentences — "the C3 uses are not an entitlement. Such uses shall be further evaluated at the time of rezoning approval to assure appropriateness in relation to surrounding property." Mr. Heath noted the changes in the language on page 5 of the staff report. The Landscape buffer area was discussed. The hearing is closed for discussion and motion. Mr. Budd moved to forward the petition CP- 2002 -3 to the Board of County Commissioners with a recommendation of approval to transmit to the Florida Dept. of Community Affairs with changes — which is the language regarding the landscape buffer be changed to reflect more accurately a 75 foot setback area; (a setback area still includes a 30 foot landscape buffer area). A limitation of uses in the language proposed by Mr. Duane that the "C3 uses are not an entitlement, such uses shall be further evaluated at the time of rezoning approval to assure appropriateness in relation to surrounding property ", and to clarify that the staff language changes be incorporated. Seconded Mr. Adelstein. Carried unanimously 9 -0. Page 11 1611 N March 20, 2003 3) AR- 2002 -4 — petition requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural - Settlement Area District to clarify vested uses, densities and intensities, and to clarify an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR -846), the north side of Randall Blvd. and bisected by Oil Well Road (CR -846), and commonly known as Orangetree PUD. PETITIONER Wayne Arnold — the Amendment is self - explanatory. It is to clarify language that is in the Golden Gate Master Plan. The settlement area district known as Orangetree is mentioned in the Future Land Use Elements and also in the Golden Gate Master Plan. He filed the amendments for clarifications and those changes that had been made with staff. He has no objections with the changes. STAFF David Weeks — history of the project was covered from the early 80's with the zoning and sub - districts settlements. The settlements resulted in certain category of uses and thresholds - 2,100 dwelling units, 22 acres of commercial and a variety of support uses. This petition is adding clarity of uses being allowed. This petitioner or anyone else can ask for a change — more dwelling units and more commercial. The vesting status has to do with the DRI thresholds under State Statues. Staff supports the petition and has not had any correspondence. Mark Strain has heard the plan over the past and likes it being that he is Chairman of the Golden Gate Master Plan Committee. The hearing is closed for discussion and hearing. Mr. Budd moved to forward Petition AR- 2002 -4 to the Board of County Commissioners with a recommendation to transmit to DCA. Seconded Mrs. Young. Carried unanimously 9 -0. 4) CP- 2002 -5 — petition requesting text amendment to the "FLUE" to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, but limited to dwelling unit ownership, to be applicable to 55 acres in the Urban Residential Fringe Sub district, located on the east side of Collier Blvd. (CR- 951), approx..6 mile south of Rattlesnake - Hammock R. (CR -864). PETITIONER Page 12 Maz6h 20, 2003 Bob Mulhere — RWA — located the project on the exhibits displayed. The project is about .6 of mile south of Rattlesnake- Hammock. He reads in the paper the hospital is proposed north of the subject site if it is approved. The Activity Center will change the area. The 40 acre quadrant in the coming months will develop in a commercial way and have an impact on the area. The policy is limited to fee simple ownership. In the urban area, the Comp Plan allows any property owner to request an affordable density housing bonus and not limited to fee simple ownership — but conditions associated with it. The policy is not currently permissible within the Urban Residential Fringe so this Amendment is seeking to extend that policy to that area within the boundaries that is designated as the Urban Residential Fringe. It is one mile east of Collier Blvd. It is a transitional area which is now the Rural Fringe area. He is suggesting the transitional area will change, but there is a transitional area between the Urban and Rural areas further to the east and will be lower density. They submitted Transportation and Environmental evaluation. Neither roadway, Rattlesnake- Hammock and Collier Blvd, will be affected. Both segments are scheduled for improvement in the 5 year plan and are not operating deficient at this time. The Environmental evaluation revealed 17 acres of wetlands and 11 will be retained on site. The net developable area will be approx. 44 acres out of 55 acres. They are looking at a 6 unit density bonus from 8. This makes sense, it's a good area and staff recommended approval. Mr. Woltley asked about the particular area. Mr. Mulhere's client has made an effort to acquire other properties in the area. They would not be able to ask for density bonuses on that property that is acquired that is not described in the Comprehensive Plan. Discussion followed on signaling, crossings, interconnections and transportation issues that will be decided at a later date. Mr. Strain talked about the density, and after much discussion Mr. Mulhere stated the total will be 7.5 units per acre. Mr. Midney asked why they excluded rental — Mr. Mulhere responded his client favored fee simple. Mr. Strain stated there is need for workforce housing for the more affordable owner occupied. There is an overabundance of affordable housing in that part of the County. Joe Schmitt stated the staff and Commissioners are supportive for the owner occupied affordable housing also. There is a market geared toward the young professional first time home buyer and it will not be a low income housing project. STAFF Jean Jourdan — Comprehensive Planning — staff supports the petition and recommends approval. There was a change in the language that added the words "or less ". (Page 1) Page 13 I� � March 20, 2003 Mrs. Young asked the price range of the units. Mr. Mulhere said they are referring to more of the entry level worker and will be affordable — 80% or less of the affordable median income of Collier County. That is approx. $65,000 household income. The median "earned" income is about half that figure. Hearing is closed for discussion and motion. Mr. Budd moved to forward petition CP- 2002 -5 with recommendation of approval to transmit to DCA with the correction on Item 3, page 2 of the staff report, and that the density bonus be a maximum of 6 units per acre and not 8. The buyers will earn 80% or less as clarified in the staffs report. Seconded Mr. Wolfley. Carried Unanimously 9 -0. 12:10 Lunch Break 1:20 Reconvened CPSP- 2002 -6 — petition requesting amendments to the Golden Gate Area Master Plan ( (-'YGAMP) text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP Restudy Committee of which there are 6 of them. STAFF Glenn Heath — Comprehensive Planning — Liaison to the Restudy Committee — most of the Amendments is language that has been reviewed by the Restudy Committee and recommended forwarding to the BCC and Planning Commission. There are a number of staff initiated changes constituting of previous errors and omissions and clarifications and making some sub - districts language consistent with previous amendments. Mr. Heath covered the different changes. Mr. Strain asked if by changing the word "Transitional to Intermediate" is opening it up to any uses it doesn't have currently. It's not an added district. Mr. Richardson asked why there isn't a minimum acreage requirement. Marjorie Student explained a local government can not force a PUD on a property owner because the PUD is consensual between the property owner and the government. Mr. Abernathy asked if there could be a Sub - district within 2 districts. Mr. Heath states there are 3 parts to the sub - district with none being adjacent to the other two. One is in Golden Gate City (SW corner of Collier Blvd & Golden Gate Parkway), one on Green Blvd. and the third one at Santa Barbara and Parkway. They are all in the same sub- district. The one in Golden Gate City is one district and the other two are in a different district. Page 14 March 20, 2003 1 Mr. Weeks — Planning — explained it is an awkward situation in th plan as they have an urban commercial district (within Golden Gate City) where one of the sub - districts are, and the other two are within the Estates mixed use district. It is two completely different districts and stuck the same sub - district under one of the districts and made reference to the other location. They can list the sub - district twice, once under each district to make it clearer. Mr. Heath explains in the current Master Plan the sub - district is only listed under the Urban district. Mr. Heath again noted other changes. Some of the changes will go back to the Restudy Committee. Two new neighborhood centers are being recommended to be added in the Estates. One is at Everglades Blvd in Golden Gate Parkway and the other at Everlgades and Immokalee Road. They ?re also recommending expansion of the existing neighborhood center at Wilson Blvd and Golden Gate Blvd. The Restudy made some recommendations about the types of uses they would like to see and not see in the neighborhood centers. Discussion followed on some of the uses. Conditional Uses Sub - district regulates all conditional uses in the Estates and where they can be located. Many changes were made to the neighborhood center — staff put headings to specific sections. Other changes and revisions were covered including grammatical. Hearing was closed for discussion and motion. Mr. Budd moved to approve and forward petition CPSP- 2002 -6 with recommendation for transmittal to DCA. Seconded by Mrs. Young. Carried unanimously 9 -0. 6) CPSP- 2002 -7 — petition requesting amendments to the Future Land Use Element and Future Land Use Map and Maps Series of which there are 7 listed. Mr. David Weeks — Chief Planner — Comprehensive Planning Section — similar to the last amendment — no committee involved, County initiated for clarification and correction of omissions etc. Population and growth rates need to be noted. After the first five years they drop down to the medium range growth rate. That is too low — present growth rate is approx. 13,000 per year in Collier County. Don't expect to see a downturn in growth. (Will be update annually) Discussion followed on wells and mobile home developments. New mobile Page 15 lEll ', March 20, 2003 home developments are prohibited due to evacuation and public safety concerns. Mr. Midney wondered where they will put persons of lower income. The most proposed changes were made in the office and infill commercial districts. It's a sub - district through rezone process and interpretations have had to be made. The depth of the abutting commercial was one change — intent was to allow a given piece of property on one or both sides and would be able to rezone to a commercial district. Examples were given. They clarified the language and cleaned up the changes. Intent is to apply to a piece of property that is no longer suitable for residential development because of what is next door for certain commercial zone and classification of roadway it is on - would then apply for a rezone. Mr. Weeks touched on the residential density rating system and mixed uses. Residential and commercial together, guest houses, cabanas, servant's quarters, and mother -in -law dwellings were discussed. The way the density is calculated was discussed. Marjorie Student attended the DSAC meeting in which they made some refinements to density and advised Mr. Weeks to contact Susan Murray in making appropriate changes due to the fact this issue is reflected in the Amendment to the Land Development Code because it needs to be consistent with the Comprehensive Plan. It had been decided to have staff draft language and take it to the Planning Commission and then to the Board of County Commissioners. It is better to follow the process then to put it into a format now and push it through. Mr. Weeks felt to endorse the transmittal of the language with a clear understanding that revisions may have to be made for the LDC changes and a separate process that brings the language back to the Planning Commissioners and BCC. Get it in front of DCA so they see the change, and seeing a modification wouldn't be as severe as seeing totally new language. Hearing is closed for discussion and motion. Mr. Budd moved to recommend that the Board of County Commissioners transmit to Florida DCA this section along with the revised sheets and the amendments described by Mr. Weeks for CPSP -02 -7. Seconded Mr. Adelstein. Carried unanimously 9 -0. 7) CPSP -02 -8 — petition requesting a text amendment to the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. Page 16 STAFF 16 11 "1 March 20, 2003 Mr. Weeks — stated that is the change and has no recommendations. Hearing is closed for discussion and motion. Mr. Midney moved to recommend approval of CPSP -02 -8 to be forwarded to the BCC and DCA. Seconded Mr. Adelstein. Carried unanimously 8 -0. (Mr. Budd being absent from the room) 8) CPSP -02 -9 — petition requesting text amendments to the Goals, Objectives and Policies of the potable Water Sub - Element of the Public Facilities Element, most notable to modify some Level of Service standards, requesting new Water District Boundary and Potable Water Service Area Maps new Potable Water treatment and Transmission Facility Map and new Table of Capital Improvement Projects and requesting an update for the entire support Document. Mr. Strain asked if it was necessary to talk about the potable Water Sub - Element. He had been trying to get an answer with regards to the current status of the County with Terrorist activities. The Sub - Element clearly indicates where the water wells are and he didn't feel that information should be public at this time. Marjorie Student stated under Rule 9J5 they are required to show where the well fields are show water sewer district boundaries and possibly transmission lines. It was suggested it be tabled until they can get an answer back from the BCC. Marjorie will discuss this with the Dept. of Community Affairs. If tabled it would hold up the other Amendments because they are required to do only two submittals a year. Mr. Strain responded they could go through it today and checks with the Sheriffs Dept. and the BCC in the meantime and have Marjorie report back to the Planning Commission. STAFF Mr. Weeks - maps are all consistent with the water Master Plan 2002 update. The water district boundaries have not expanded — not showing anything different. One map showed the various boundaries for future service that was adopted as part of the Rural Fringe Amendments. (Including Orangetree) The Heritage Bay (DRI) includes change to the water sewer district boundary that encompasses a 4 square mile area. This amendment has been adopted and being reviewed by DCA. Page 17 1 March 20, 2003 Hearing is closed for discussion and motion. Mr. Strain moved to recommend approval for Petition CPSP -02 -9. Seconded Mrs. Young. Carried unanimously 8 -0. (Mr. Abernathy being absent from the room) 9) CPSP -02 -10 — petition requesting text amends to Goals, Objectives and Policies of the Sanitary sub - Element of the Public Facilities Element, most notable to modify some Level of Service standards, requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps and new Table of Capital Improvement Projects, and requesting an update to the entire Support Document. STAFF Mr. Weeks — indicated the changes are parallel to those of the previous petition that was just acted upon. Boundaries have not changed for the existing facilities. Recommended approval. Hearing is closed for discussion and motion. Mr. Budd moved to forward to the BCC with a recommendation they transmit to the Florida DCA petition CPSP- 02 -10. Seconded Mr. Adelstein. Carried unanimously 9 -0. 10) CPSP- 02 -11— petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust level of service standard for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub - Elements. STAFF Mr. Weeks — he already covered this in the previous amendments and recommended approval as modified. Hearing is closed for discussion and motion. Mr. Budd moved to forward to the BCC with a recommendation they transmit to the FL DCA petition CPSP- 02 -11. Seconded Mrs. Young. Carried unanimously 9 -0. Page 18 March 20, 2003 1611' It was noted there were no public speakers on any of the above petitions. 9. OLD BUSINESS — None 10. NEW BUSINESS A. Holding meetings in Immokalee — Mr. Strain Mr. Strain had a conversation with Commissioner Coletta concerning meetings in Immokalee as it was his understanding they are suppose to hold meetings there. In checking Mr. Strain found he was correct. Mr. Budd mentioned they have held meetings there when there were relevant petitions or issues concerning the Immokalee area. Mr. Strain stated there will be more issues in the near future. He feels they should have a standing policy to staff that meetings should be scheduled when there are issues concerning the area. SPEAKER Commissioner Coletta stated there is a renewed interest in Government Affairs in Immokalee. They are having more meetings at this time. Immokalee has mentioned they would like to form their own Planning Commission which might be redundant. The population in Immokalee exceeds the population of the City of Naples. Mr. Abernathy mentioned it could be set up by staff and possibly do the coastal business in the morning and then reconvenes in the afternoon in Immokalee for Immokalee business. Marjorie Student mentioned in the past they grouped petitions together that were related to the Immokalee area and held a regularly scheduled meeting there. It was done every 3 months or so. Commissioner Coletta didn't feel they would want to hold up progress and wait too many months. Discussion followed on splitting the meetings, day or night meetings and having staff work on it. Evening meetings were not favorable. They will direct staff to set -up. Page 19 March 20, 2003 B. Format of the Agenda � Mr. Strain suggested staff save paper and money and not copy and send the BCC recaps to the Commissioners in their packets. Many felt they still wished to have them in their packets. 11. PUBLIC COMMENT Mrs. Young would like to speak with the Commissioners concerning upcoming projects and developments. 12. DISCUSSION OF ADDENDA — None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:15 PM. COLLIER COUNTY PLANNING COMMISSION Mr. Kenneth Abernathy, Chairman Page 20 03/2612003 17:08 7748301 Fiala L` Halas L Henning r.nvl,z COW, Communication and Customer Relations 3301 East Tamiami Trail Naples, FL 34112 239.774.8999 March 26, 2003 PUB INFO 1611/ Government PAGE 01/03 Contact.' Lavah Hetzel, Specialist 'i'' Communication and Customer Relations MAR 2 1 200, 7748373 $oiird of Ount 1 (' mmi ss inner s BAYSHOREIGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD REGULAR MEETING Wednesday, April 2, 6:00 Community Deveioptnent & Environmental Services 2800 North Horseshoe Dr. Conference Room E Agenda 1. Roll Call 2. Adoption of Agenda 3. Minutes 4. Annotincernealts Hand -Out 5. Special Presentations and ,Discussion with Staff, from other CRA Districts (Executive Director)'Pn 6. Old Business a. Update on Phase 11 of Bayshore Drive Mixed Use Zoning Overlay b. Selection Committee Update for the Comprehensive Zoning Overlay Plan c. CRA Board Meeting on March 19, 2003 d.. Open Forurn:.Development Activity within the CRA District i. Botanical Place PUD ii. Linwood Village 7. New Business a, Review of Site improvement Grant Applications b. Fast Track Development Review e. Recommendation on Reappointment of Four Expiring Terms / 8. Citizen Comments r 9. Set Next Meeting Date (Tentatively Scheduled for May 7, 2003) 1.0. Adjournment Note: All meetings are publicly noticed in the W. Harmon Turner nuilding {Adminixtration Building F) and on fife CRA website..Please call Aaron Blair. Urban Design Planner, at (239) 403•.2321 iryou have any qucstrons About the meeting. le st48 hours with the m leans with Disabilltles Acl, pPrvens ncedf►tg assistance to partfcfpate in any of these proceedings should contact Aaron Rlarr of least o hears prior h the meeting, Fiala Halas Henning Coyle Coletta $wysRore $owr.Eifiewtioit MAYA Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 AGENDA FOR APRIL 9.2003 I. CALL MEETING TO ORDER 11. ATTENDANCE III. APPROVAL OF MINUTES: March 6, 2003 IV. TRANSPORTATION SERVICES REPORT: A. Budget V. LANDSCAPE MAINTENANCE REPORT: VI. OLD BUSINESS: A. Status of Name Change B. Bridge C. Lights - Letter from Mr. Stedman D. Collection of Insurance Fees E. MSTU - $25,000 VII. NEW BUSINESS: A. Banners Vlll. PUBLIC COMMENTS: IX. ADJOURNMENT ice _ . cr }irk ,,;f f;Ommiss'i0OL"s The next meeting is Wednesday, 4:00 -May 114,2W3— - Collier County Dept. of Transportation Roa�Nlaint��s too jce 2685 South Horseshoe Drive, Suite 21Z, Naples, FL 34104 { :� T',: _ 1 $aySAore 84" i f icAfioM MAYA Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 March 12, 2003 I. Chairman Bill Neal called the meeting to order at 4:05 pm. 11. ATTENDANCE: A. Members: Bill Neal, Ed McCarthy, Maurice Gutierrez, Tom Finn, Tom Welstead (Excused) B. Collier County: Bob Petersen- Project Manager, ATM, Val Prince- Project Manager, ATM. C. Others: Jackie Barr- resident, Clyde O'Shadley- resident, Robert Kindelan -CLM, Sue Chapin - Manpower Services. II. APPROVAL OF MINUTES: Maurice Gutierrez moved to approve the minutes of February 12, 2003. Ed McCarthy seconded. Carried unanimously 4-0. V. OLD BUSINESS: A. Status of Name Change- Total of 58 votes was received "for" the name change, 7 votes "against" the name change. 13 more votes are needed to be in favor of the name change. A total of 70 plus 1 is needed. Bob will get the names of those that did not vote to the Committee members so they can make phone calls to those that did not return their ballot expressing a "yes" or "no" vote. Jackie Barr — resident — expressed her opinion of not turning in her ballot along with many other residents due to some confusion as to whether they should sign it or not because the ballot said "signing it meant they agreed to the name change." They did not agree, so did not send the ballot back. She objected to the name change due to the fact she felt it was not appropriate for a Commercial area, complicated for people without a college education and too long of a name on a return address. She felt it should be changed back to Kelly, being traditional. She and others felt they can not relate to "Botanical Gardens Parkway. Bill Neal stated they are following through with the vote and will proceed with the necessary requirements of the County. V. LANDSCAPE MAINTENANCE REPORT: Robert/CLM gave his report: - Normal maintenance had been done. - Move row of palms a week ago in front of Sawyer Marina. Damaged ones are in storage on Exchange Ave. Severe damage was done to the trunks due to car accidents etc. lbll', - Work at Sawyer Marine finished for the time being. - Normal irrigation repairs made. - Restoration of sidewalks. (Every location dug up there was no lime rock base) - Bob will check with the Contractor (Pavers Inc.) to see if there was a noncompliance of the Contract. Normally it would call for a lime rock base. - Pruning of Plumbagos in Windstar will be done this week. III. TRANSPORTATION SERVICES REPORT: A. Budget — Val handed out the Budget. He discussed the various budget Expenses and Revenues. The SAP program and their figures don't seem to coincide and will be checked. Bill Neal handed out a budget sheet for Bayshore from 2/26/03. Val will reconcile the two budgets. Collier County's advance to Bayshore is $570,000, with $370,000 to be repaid through 2003, with the Balance to be repaid from receipt of the FDOT grant of $200,000 in 2005. It was stated there will be enough funds for the completion of the bridge. Back to OLD BUSINESS. B. Bridge — LAP agreement Resolution will go before the Board of County Commissioners on March 25th. The State paperwork will be back by March 31st and will then issue a notice to proceed in April. C. Lights — Letter from Mr. Stedman — Have not received yet — Bob will stay in contact with him. D. Welcome New Member — Tom Finn is the newest member. A new member packet will be given him as soon as they are available. E. Grants — The Committee has a grant of $200,000 to be awarded in 2007. It was presented for pavilions — to enhance the bridge to $200,000. Painting of the guardrails was promised by Ed Kant and will be done. F. Collection of Insurance Fees — Still in the process of tracking the accidents. IV. NEW BUSINESS: Bob Petersen informed the Committee since they are now under Diane Flagg; they are in a different Department (Transportation Alternative Modes) and will be moving into another building in the near future. Tessie will move with them. Bill Neal brought up the $25,000 MSTU charge for staff etc. Bob will get them a breakdown as soon as it is available and mentioned it is being looked into per MSTU. Discussion followed on enlarging the MSTU and /or the CRA (Community Redevelopment Agency. Bill mentioned the Committee needs to be thinking about reducing the tax base or spending it on various items. The CRA is thinking of enlarging it into the peripheral areas. Hamilton Harbor has expressed interest in being a part of the CRA. He would like a copy of the schematic presented to the County showing Hamilton Harbors suggested routes in access to Thomason and Bayshore. 2 1� Discussion followed on the difference between the MST an the C . One; person from the MSTU has to sit on the CRA board. The MSTU is more for beautification enhancement and the CRA more for sidewalks and roads. V. PUBLIC COMMENTS: Clyde O'Shadley asked about the impact fees. VI. Being no further business to come before the Committee, meeting was adjourned at 5:07 PM. The next meeting is Wednesday, April 9, 2003 at 4:00 PM Collier County Department of Transportation Road Maintenance Office 2685 South Horseshoe Drive, Suite 212, Naples, FL 34104 3 BAysAore Boaai/ication M.s.T.a. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 SUMMARY MINUTES OF MARCH 12.2003 III. APPROVAL OF MINUTES: Maurice Gutierrez moved to approve minutes of January 8, 2003. Seconded by Ed McCarthy. Carried unanimously 4 -0. IV. OLD BUSINESS: A. Status of Name Change — Total of 58 votes were received "For" the name change, 7 votes °against° the name change. 13 more votes are needed to in for of the name change. 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If -W 991, gig Coll veag 8181 8 -4; 818 81 i� 401P Go 140 I' .40, iN O!O!OO'O10�S -: �� •Oi � � � O O O.O�O O OOI�iG IQ�e I '� O'Oi� O O,O �i 9,9 94 840 81 ig T7, p N JI .�j C" 24 "4 -4 g g 1C "boo 1611 'j COLLIER COUNTY LIBRARY ADVISORY BOARD Wednesday, March 26, 2003 Headquarters Library AGENDA Call to order Approval of Minutes Literacy Program Report Reports of Officers Communications a: Written b: Personal Unfinished Business: 1. Employee of the Month 2. Immokalee Library Construction New Business General Considerations Director's Report Report of the Friends Adjournment Fiala Halas Henning Coyle Coletta _ Naples, Florida, February 26, 2003 1611 LET IT BE KNOWN, that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Jaculyn K. Dering VICE - CHAIR: Doris J. Lewis Sabina Musci Diane Williams ALSO PRESENT: John W. Jones, Library Director Marilyn Matthes, Assistant Director Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Dering asked for comments or corrections to the minutes of January 22, 2003. There being none, Mrs. Williams moved, seconded by Ms. Musci and carried unanimously, that the minutes be approved as submitted. Mrs. Reiss reported that the Literacy Program has over 97 tutors. She also stated that the hardware and software from the Verizon Grant had already been installed at the East Naples Branch Library. REPORTS OF OFFICERS Mrs. Dering reported that the groundbreaking at the Immokalee Branch went well. COMMUNICATIONS — none UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mrs. Williams moved, seconded by Ms. Musci and carried unanimously, to select Margaret Norona from the Naples Branch as Employee of the Month for February 2003. In reference to the Immokalee Library construction, Mr. Jones reported that a committee has been formed to oversee the construction and that a building permit should be issued within the next few days. Mr. Jones reminded the Board's Chairperson about the upcoming report to the BCC on March 25, 2003. X11 NEW BUSINESS Mr. Dering offered the Board's support in helping the Library with problem patrons. Mr. Jones thanked her and stated that the Library Staff is well prepared in dealing with those patrons. GENERAL CONSIDERATIONS — none DIRECTOR'S REPORT Mr. Jones stated that the "Love My Library" Program has raised over $15,000. REPORT OF THE FRIENDS — none F.11801KNOM 0 1 There being no further business to come before the Library Advisory Board, Ms. Musci moved, seconded by Mrs. Williams and carried unanimously, that the meeting be adjourned. Time: 2:25 p.m. (1 IMMOKALEE BEAUTIFICATION M S T U f� Fiala ADVISORY COMMITTEE Halas _ AGENDA April 16, 2003 I. CALL MEETING TO ORDER H. ATTENDANCE III. APPROVAL OF MINUTES: November 20, 2002 IV. TRANSPORTATION SERVICES REPORT: A. Budget V. TRANSPORTATION MAINTENANCE REPORT: CLM VI. LANDSCAPE ARCHITECTS REPORT: Mike McGee VIL OLD BUSINESS: A. Immokalee Triangle Update B. Ribbon Cutting Ceremony C. Extending MSTU Boundary D. New Member E. Code Enforcement Issues VIII. NEW BUSINESS IX. PUBLIC COMMENT X. ADJOURNMENT The next meeting is: scheduled for 4:00 PM, Wednesday, May 21, 2003 At the Immokalee Community Park 321 First Street South, Immokalee, FL 1 IMMOKALEE BEAUTIFICA'T'ION M.S.T.U. .ADN"ISOR*t' COM1IMIT "I�EE Notes for March 19, 2003 I. Meeting was called to order by Sharon Tims at 4:00 PM. II. ATTENDANCE: Members: Sharon Tims, Dorcus Howard (Excused), Cherryl Thomas (Excused), Rita Avolos (Excused) Collier County: Evelyn Claudio -Code Enforcement, Juan Lopez -Code Enforcement, Bob Petersen - Project Mgr. landscaping Maintenance, Val Prince - Landscape Maintenance, Others: Robert Kindelan- Commercial Land Maintenance, Mike McGee - McGee & Assoc., Sue Chapin - Manpower Services There was no Quorum. III. APPROVAL OF MINUTES: November 20, 2003 IV. TRANSPORTATION SERVICES REPORT: A. Budget - Val handed out the Budget. No funds have been transferred. Val reported on accident reports - due to State Statues only involved parties can get a copy of the report. The County Attorneys office is reviewing the Statute to see if Commercial Land Maintenance, as a Contractor of the County, is able to receive a copy of the reports. V. TRANSPORTATION MAINTENANCE REPORT: CLM Robert reported: - Normal Maintenance - Fertilizer was done in February - Several accidents have occurred damaging plant material, planters, and street lights. - Less debris - 2"d & Main - trash - bottles in planters (property owner needs to be cited) 1 1611 IV I VI. LANDSCAPE ARCHITECTS REPORT - Mike McGee Mike reported: - There was discussion on washing the benches. They are done 6 times a year. - Planter damage and material. (Junipers) VII. OLD BUSINESS: A. Immokalee Triangle - Finished except for 4 light poles and waiting for ballast's. Sod is in and irrigation is working. Robert is ready to take over the maintenance. Robert will get an estimate for perennials. Mike mentioned to have Code Enforcement check on an area - gas station - a hedge was required with trees planted and is now dead and looks like it was paved in front of the building. Code Enforcement mentioned they have a case on that area. The corner of 846 Delaware has a wax myrtle hedge that is full of trash, poison ivy etc. Also corner - west side by restaurant - weeds all gown up and graffiti. Code Enforcement will check that area out also. B. Ribbon Cutting Ceremony - will schedule at the next meeting. C. Sunshine Law Workshop - has been held. D. Extending MSTU Boundary - no response yet. E. Fence - 2nd Ave. North - Code Enforcement has a case on it and working on it. F. Cars parked on Sidewalks - Some as above. G. Vote on New Member /s - none VIII. NEW BUSINESS: If anyone Enforcement (Juan Lopez) they Immokalee. (657 -2525) IX. PUBLIC COMMENT has anything to address with Code are to call them at their office in X. Being no other discussions the meeting ended at 4:25 PM. The next meeting will be held at 4:00 PM, April 16, 2003 At the Immokalee Community Park 321 First Street South Immokalee, FL 2 °z v� S 0 D�nZ� M m riu (n r .. 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Golden Gate Fire Control & Rescue District request for funds. Request form WCI Communities for utilization of GAC Lands for identification Monument (follow up). Letter from Oakes Estates Advisory, Inc. stating objections regarding potential WCI Lease for signage. Letter from Dave Lesansky requesting GAC funds to offset acquisition costs associated With Martin Luther King Jr. Elementary. Schedule of Revenue and Expenditure for FY 01/02 as of May 31, 2002. I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:02 P.M. H. APPROVAL OF MINUTES- April 22, 2002 Skip made a motion to accept the minutes. Karen seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT Toni reported an Ending Cash Balance of $679,652.20 and Available Cash Balance of $642,435.20 Skip made a motion to accept the Treasurer's Report. Karen seconded the motion. All in favor. IV. LETTER OF RESIGNATION BY MATT HUDSON Karen made a motion to accept Matt's resignation with great regret. Skip seconded the motion. All in favor. A discussion took place regarding the advertisement of the open committee position. V. LETTER FROM EDDIE FROST- Requesting removal of land from reserve "Aosc. Corres: The committee discussed the ever increasing land value in Golden Gate Estates and concluded t the e w S no benefit in removing land from reserve at this time, as it would be more profitable to dow��� made a motion to notify Mr. Frost that the Committee would not release the property at this time. Joy seconded the motion. All in favor. Item# ic! ) Copies To: 1611 '1 VI. BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DISTRICT — MAXIMUM EXPENDITURE $35,850 (PPE) Toni updated the committee, explaining that the first invoice had been received ($32,850) and the remainder ($2,150.00) would be utilized prior to the expiration of the agreement on August 26, 2002. VII. GOLDEN GATE SAFETY COMPLEX — Request for funds Toni explained that there had been request for GAC funds in order to remodel the kitchen ($44,000) and construct a concrete pad for the fire trucks ($7,370) at the Golden Gate Safety Complex. There was some confusion regarding whether or not the request came from Golden Gate City or Golden Gate Estates. Karen indicated that the Golden Gate Estates Fire Control & Rescue District had a brand new facility and could not be in need of a new kitchen. Karen also voiced the belief that $42,000 was an exorbitant amount for a kitchen, regardless of the location. No one voiced an objection regarding the concrete pad. The issue was tabled unanimously, pending clarification. VIII. WCI COMMUNITIES — Request for use of GAC Land Toni relayed her conversations with the WCI representative to the committee. She explained that placement of the sign would be a code violation, although WCI could go through the variance process. WCI indicated that not having signage in that area created a safety hazard, as in the event of an emergency the entrance would not be adequately marked. WCI also indicated that they could resolve the code issues. As a result of legal issues associated with the request and objections from Oakes Estates Advisory Inc., the committee unanimously decided that the issued would be table until raised again. IX. TRANSPORTATION DEPARTMENT — Request for lands for Immokalee Rd. (follow -up) The committee was given a status update by Toni regarding this project. It was to be on the Collier County Board of Commissioners consent agenda for the Tuesday, June 26, 2002 Board meeting. X. GOLDEN GATE ESTATES OWNER SURVEY The conclusion reached from the Golden Gate Estates owner survey was that the foremost priorities are the need for parks and sidewalks. Joy responded by expressing that she too felt that there was a need, especially for Northern and Eastern Golden Gate Estates. Karen shared her knowledge of a number of promising plans for small parks in the Golden Gate Estates area, including the Everglades or Desoto Blvd. area, as well as several sites on Immokalee Road. XI. COLLIER COUNTY PUBLIC SCHOOLS - Request for funds to offset acquisition costs associated with Martin Luther King Jr. Elementary. Toni presented a request from Dave Lesansky of CCPS for $150,000.00 to offset costs associated with property acquisition. The acquisition was for land needed to construct Martin Luther King Jr. Elementary. A number of concerns were expressed in response to this request. Karen raised several issues regarding the School Boards pattern of expenditures. Skip questioned whether or not use of GAC money was restricted to tangible property. ' 1 . Skip then suggested that since a number of questions had been posed, a Th6 lol Re "r, . ntative p should attend the August 26, 2002 meeting to provide additional information. Karen and Joy enthusiastically concurred. XII. Next Proposed Meeting Date- Monday, August 26, 2002 (7:00 p.m.) All in favor XIII. Adjournment No additional discussion. Skip motioned to adjourn the meeting at 7:27 p.m. Karen seconded the motion. All in favor. liala I alas ECEIVEL GOLDEN GATE ESTATES LAND TRUST COMM ��9— MONDAY, August 26, 2002 oy e _.. "- AP G ` 200.1" MAX HASSE COMMUNITY PARK Cole"a-11;_= Seard of ��untor�missie��er Charles ( "Skip ") VanGelder - Chairman PStephen Greenberg - Member (absent) Karen Acquard - Member Joy Dawson - Member Toni A. Mott - Supervisor, Property Acquisition Department Stacey Sandman - Acquisition Specialist, Property Acquisition Department DISTRIBUTION: Letter of resignation from Matt Hudson Letter to Eddie Frost responding to Reserve Land request Letter from Dave Lesansky requesting GAC funds to offset acquisition costs Letter from Dave Lesansky requesting transfer of parcel to School Board Schedule of Revenue and Expenditure for FY 01/02 as of July 2002. I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:03 P.M. II. APPROVAL OF MINUTES- June 25, 2002 Skip made a motion to accept the minutes. Karen seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT Stacey reported an Ending Cash Balance of $679,694.47 and Available Cash Balance of $642,342.45 Skip made a motion to accept the Treasurer's Report. Karen seconded the motion. All in favor. IV. MEMBER VACANCY Stacey updated the committee on the status of the vacant positions. No applications had been received to date. Karen made mention of Matt Hudson's desire to return to the committee after the election. Joy's status on the committee was also discussed. As soon as the County Attorneys office returns a legal opinion on the matter, all will be notified. V. RESPONSE TO LETTER FROM EDDIE FROST- Requesting remova�RoldrfeS m reserve. Stacey informed the committee that Mr. Frost had been notified of the unanimous &;'s' ' ' U release land on the reserved list. Further discussion took place regarding escalating property values in Golden Gate Estates, and the need to maximize the profit from the sale of the limitAf ids. to-t, ! Copies To: . 1611`1 VI. LETTER FROM DAVE LESANSKY REQUESTING CONVEYANCE OF A PARCEL TO THE SCHOOL Art Dobberstein was in attendance at the meeting to request the conveyance of a GAC parcel to the School Board for the purpose of future School construction. The committee suggested that in light of the amount of GAC land the School board currently had on reserve (approx. $700,000.00) the Board should either purchase the parcel, or exchange it for a reserve parcel. It was determined that there was not a reserve parcel of comparable size or value to trade, therefore Mr. Dobberstein elected to go through the process of purchasing the desired parcel at 90% of the appraised value. The Process was explained to him in brief by Stacey. Skip made a motion to reject The School Board's request for land conveyance. Karen seconded the motion. All in favor VII. ORAL PRESENTATION BY ART DOBBERSTEIN- Clarification of the School Boards request for funds Art Dobberstein petitioned the board for $151,000 to help offset the cost of site acquisition for Martin Luther King Jr. Elementary. He explained using a number of charts the location of Martin Luther King as well as detailing future school projects. Karen was first raise objections to the committee giving the money. She had her tax bill on hand in order to detail what a large ratio of money resident's pay to the public schools, in comparison to other county entities. Karen also brought to attention that the School Board had a 5 -7 million dollar surplus and was not operating in the red. Joy concurred with Karen saying that she too had checked her tax bill and discovered the same. Skip explained to Art that the committee had a limited pool of funds and that its objective was to be able to contribute to a plethora of community needs. An expenditure as large as the one the School Board was requesting would hinder them from doing so. Karen mentioned that GAC had already conveyed a large parcel for the construction of the school. If they were to grant the $151,000, GAC funds would then be responsible for assuming 1/3 of the entire cost for acquisition. Skip let Mr. Dobberstein know that while the committee wouldn't grant the Board the money for this purpose, they could petition the committee for money to fund other needs. Karen, Skip, and Joy all gave the following examples: Library Books, playground equipment, and athletic equipment. Skip suggested that a request for $50, 000.00 might be reasonable for these items and encouraged Mr. Dobberstein to do so after more specific needs were established. Skip made a motion to reject the School Board's request. Karen seconded the motion. All in favor. VIII. BIG CORKSCREW FIRE CONTROL AND RESCUE DISTRICT- PPE EXPENDITURE FOLLOW UP. Stacey relayed that the last $3,000.00 had been processed on August 26 2002, the day of the agreements expiration. IX. GOLDEN GATE ESTATES FIRE CONTROL AND RECUE DISTRICT- USE OF FUNDS (follow up) Stacey reported that a request for $42,000 for a kitchen remodel had come from Golden Gate City, not Golden Gate Estates. There was no further discussion on the subject after determining that it did not fall within the committee's area of discretion. 1611'] X. REQUEST FROM WCI COMMUNITIES — Project Identification Monument (Follow Up) Stacey conducted a phone vote among committee members, on August 8, 2002. The committee unanimously voted no, citing the residents objections to signage there. During the meeting an official vote was taken. Skip made a motion to reject the WCI request. Joy seconded the motion. All in favor. XI. TRANSPORTATION DEPARTMENT — Immokalee Rd. Land Purchase (follow-up— Stacey updated the committee, stating that the final check had been received, and the deed recorded. XII. Next Proposed Meeting Date- Monday, September 23, 2002 (7:00 p.m.) All in favor XIII. Adjournment No additional discussion. Skip motioned to adjourn the meeting at 7:46 p.m. Karen seconded the motion. All in favor. lFiala — ry r , GOLDEN GATE ESTATES LAND (Jlc R S OM MONDAY, OCTOBER 7, 2002 �"enning- MAX HASSE COMMUNITY PARK Coyle �.., Charles ( "Skip ") VanGelder - Chairman Stephen Greenberg - Member #1'IaR' �' Karen Acquard - Member Vacant - Member Vacant - Member Stacey Sandman - Acquisition Specialist, Property Acquisition Department DISTRIBUTION: Schedule of Revenue and Expenditure for FY 01/02 as of August 11, 2002. I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:00 P.M. II. APPROVAL OF MINUTES- August 26, 2002 Karen noted two discrepancies in the August 26" 2002 minutes. Skip motioned to accept the minutes with the changes. Karen made the motion. Stephen seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT Stacey reported an Ending Cash Balance of $816,714.31 and Available Cash Balance of $777,428.11 Skip motioned to accept the treasure's report. Karen made the motion. Stephen seconded the motion. All in favor. IV. OPINION FROM COUNTY ATTORNEY'S OFFICE- Residency Requirements for GAC committee members Stacey presented the opinion of the County Attorney's Office on the matter of residency as relating to GAC committee members. The County Attorney's office stated that the Board of County Commissioners resolution, which created the GAC committee explicitly states that members must be Golden Gate estates residents, not just property owners. It was concluded that the Committee, therefore had another vacancy because Joy Dawson was no longer a resident. Skip motioned to accept the opinion. Stephen made the motion. Karen seconded the motion. All in favor. V. REQUEST FROM SCHOOL BOARD- Removal of reverter clause from Statutory Deed and Agreement. Greg Urbancic, counsel for the Collier County School Board petitioned the committee to remove the reverter clause as well as restrictive language from the conveyance documents that had been recorded as part of the transfer of Unit 72, Tracts 2, and 3. Mr. Urbancic explained that the restrictions placed in the documents (mandatory completion date, specification that the land be used for a school) as;weil d&AWreverter clause, were keeping the School Board from obtaining financing. Mr. Urbancic explained that the pu 'ose ad always been to build a school and removal of the reverter and restrictions, would not result iq)& ling the land for profit or transferring it to someone else. 4! CQ } Uy- t v . Stacey informed Mr. Urbancic that the opinion of the County Attorn he re s of es 1h v. er could be removed, but some kind of restriction should be put in. Mr. Urbancic said that the bank would not provide financing as long as there were any restrictions. The committee discussed the issue and came to the conclusion that although they had no objection to removal of the reverter clause and restrictions, they would have to defer to the legal opinion of the County Attorney's Office in the matter. Stacey said she would approach the County Attorney's Office again with Mr. Urbancic's request that there be no restrictions. Skip motioned to accept whatever decision the county Attorney's Office came to. Karen made the motion. Stephen seconded the motion. All in favor VI. COMMITTEE VACANCIES- Update Stacey notified the committee that there were still two committee vacancies. Karen, Stephen and Skip all said they would try to think of someone who could fill one. Karen indicated that Matt Hudson would be applying for the remaining spot. VII. GAC COMMITTEE APPLICATIONS- Stephen Greenberg, Karen Acquard Stacey made the notification that Karen and Stephens terms were up and that she had received both of their applications. Skip reviewed and motioned to approve Stephen Greenberg. Karen seconded the motion. Skip reviewed and motioned to approve Karen Acquard's application. Stephen seconded the motion VIII. NEXT PROPOSED MEETING DATE- Monday, December 2, 2002 (7:00 p.m.) All in favor IX. ADJOURNMENT No additional discussion. Skip motioned to adjourn the meeting at 7:26 p.m. Stephen made the motion. Karen seconded the motion. All in favor 16 I1 GOLDEN GATE ESTATES LAND TRUST COMMIfl MONDAY, APRIL 22, 2002 Haas MAX HASSE COMMUNITY PARK Henning Coyle Colett Charles ( "Skip ") VanGelder - Chairman (APPROVED Matthew Hudson - Member Stephen Greenberg - Vice - Chairman Karen Acquard - Member (10 minutes late) Joy Dawson - Member Toni Mott Linda Sujevich - Supervisor, Real Property Management Department - Secretary, Real Property Management Department DISTRIBUTION: Schedule of Revenue and Expenditure for FY 01/02 as of March 12, 2002 Schedule of Revenue and Expenditure for FY 01/02 as of April 12, 2002 WCI Sign Request: Issues to be addressed with attachments RLS — Immokalee Road Project - Right -of -Way acquisition for a pond site. E -mail from CAO offering various informal workshops. I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:03 P.M. II. APPROVAL OF MINUTES - February 25, 2002. Matt made a motion to accept the minutes. Joy seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT Toni reported an Ending Cash Balance of $653,720.88 and Available Cash Balance of $615,526.38 Matt made a motion to accept the treasurer's report. Joy seconded the motion. All in favor. IV. GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT — Maximum Expenditure of $110,000 (Water Tanker). Toni stated the reimbursement payments for the tanker and the C.E.R.T. equipment have been paid. V. BIG CORKSCREW ISLAND FIRE CONTROL & RESCUE DIS'KJtICT — Maximum Expenditure of $35,850 for Personal Protection Equipment (PPE). Corres: Matt and Steve indicated that most of the equipment has been receivebte: zh__�/o �_ Item# VS t " T0: 16 11 '44 -1 VI. Request from WCI Communities to utilize GAC Lands for a project identification monument. Toni provided a packet regarding the WCI request. The items added and questioned are numbered as follows: 1. Pursuant to Florida Statue, leasing to a private entity the County is required to advertise a legal notice for 2 consecutive weeks in the local newspaper. We do provide that whoever signs the lease agreement would pay for the legal notice ad. 2. The School Board's position has not changed as stated in the list. 3. Survey letters were sent and have requested responses by May 15, 2002. 4. The 5- acre parcel was appraised for $155,900 back in November 2001. The committee believes the parcel is worth more as of today's market value. 5. WCI would prefer a set amount increased each year rather than the CPI Index. The committee was in agreement that an annual 5% increase was acceptable. 6. The 5 -year term is agreeable. There will be a clause contained in the Lease for early termination in the event the School Board decides to utilize the property. Skip added to make sure we have the availability to re- evaluate after the 5 years. Steve mentioned there is a standing temporary wood sign currently on the parcel and Toni stated it was placed without the committee's permission. Matt stated that in 1996, the previous individuals that wanted to utilize this space for the same purpose were willing to pay $1,500. Matt said that this is a unique circumstance and the advertising value is far greater than $1,500. It was noted that WCI is a corporate entity, which will gain from the placement of this sign, not like a small business or private home. Karen agreed with Matt's position and added that we are not dealing with an individual or a small business, but a large company and the money received from the lease will be put back into the trust fund for community use. The committee members agreed that Toni should be directed to contact billboard sign companies to determine the cost for utilization in different locations. WCI would maintain the leased area. Skip and the committee complimented Toni on how she put together the WCI packet. VII. Request from Transportation Department lands required for Immokalee Road Four - Laning Project The actual appraisal was received at $161,700, which is $19, 200 above the value that was indicated at the previous meeting which was based on an in -house market analysis. Toni stated we are waiting for the Letter of No Objection from Avatar to process the agenda item. VIII. Public Comment/Other Discussion 1611 A. Previous Golden Gate Estates Owner Survey Matt requested Toni to locate the previous survey results that requested input from the Golden Gate Estates owners as to what they felt the community needed most. Matt suggested that perhaps another survey should be conducted. The property is depleting and the committee would like to determine the future of the trust. Toni said she would mail the past surveys with the minutes of this meeting. B. County Attorney's Office Workshops Toni reminded the members of the attachment regarding the County Attorney's workshops. If anyone wishes to attend, they should contact Toni tomorrow. C. Department Restructure Toni informed the members that as a result of the decentralization of the Real Property Department, (which is now called Property Acquisition) there has been an internal reorganization. Michael Dowling has been assigned the duties of the GAC Land Trust Fund. He or his assistant will be attending the meetings. Toni will be assigned predominantly to acquisition projects. Toni said there will be a transitional period and she will attend two more meetings IX. Next Proposed Meeting Date — Monday, June 24, 2002 (7:00 p.m.) All in favor X. ADJOURNMENT No other discussion. Skip requested a motion to adjourn the meeting at 7:27 p.m. Matt made the motion to adjourn the meeting and Steve seconded the motion. All in favor i= iala "' � RECEIVE Halas GOLDEN GATE ESTATES LAND TRUST COMMIT4gnfig to MONDAY, JANUARY 16, 2003 Caletta MAX HASSE COMMUNITY PARK Board of "ounty Commissioners Charles ( "Skip ") VanGelder - Chairman APPROVED Stephen Greenberg - Vice - Chairman Karen Acquard - Member ' Vacant - Member Vacant - Member Stacey Sandman - Acquisition Specialist, Property Acquisition Department Linda Hartman - Member applicant DISTRIBUTION: Application from Linda Hartman for Advisory Committee /Board I. CALL TO ORDER Skip VanGelder, Chairman, called the meeting to order at 7:00 P.M. II. APPROVAL OF MINUTES — October 2, 2002. Karen made a motion to accept the minutes. Stephen seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT No Treasurer's Report provided. IV. GAC COMMITTEE APPLICATIONS An application and resume had been received from Linda Hartman for the committee member vacancy. Skip made a motion to recommend to the Board of County Commissioners that Linda Hartman be appointed to the GAC Land Trust Committee. Karen seconded the motion. All in favor. V. REQUEST FROM SCHOOL BOARD — Removal of Reverter Clause from Statutory Deed & Agreement — Update Stacey advised the committee members that the County Attorney's Office and the School Board have come to an agreement on the removal of the reverter verbiage. Stace sai the documents will be revised, sent to the CAO for approval and then forwarded to the Schoo�oa�r' execution. Upon, receipt of the executed Amendment to Agreement for the School Board, Q�ls to tory Deed will be recorded. Stacey said the BCC gave blanket approval for this ber 19, 2002. Item# ) Q / Copies To: �Il VI. PUBLIC COMMENTS /OTHER DISCUSSION None VIII. NEXT PROPOSED MEETING DATE — MARCH 24, 2003 All in favor IX. ADJOURNMENT No other discussion. Skip requested a motion to adjourn the meeting at 7:25 p.m. Stephen made the motion to adjourn the meeting and Karen seconded the motion. All in favor 1. 2. 3. 4. 5. on 7. 8. 9. 10. 11. Fiala V Halas _ Henning Coyle Coletta- 2003 `,[ f r fCt 4d sw Meeting called to order Roll Call Approval of Minutes - Meeting of January 14, February 11 and March 11, 2003 Landscape Maintenance Report Landscape Architect's Report - Mike McGee A. Decorative street lights Transportation Landscape Services Report — Val Prince, Robert Petersen A. Current budget Committee Members' Reports Old Business New Business A. Christmas decorations B. Millage rate increase Public Comments Adjournment %Nlisc. Corms: CR° ,i,,s To: up..v 1�f1' (Vo,Wem (Vale 2003 SUMMARY OF RECOMMENDATIONS & MOTIONS: 3. Approval of the minutes of the January 14th and February 11 ' meetings: As there was no quorum present, approval of the minutes was postponed. 4. OPENING DISCUSSIONS A. Bob Petersen gave an overview of the Collier Area Transit (CAT) system. Pamphlets showing the various routes were distributed. He advised that $40,000 in grant funds is available to erect five bus shelters. This amount will not be enough so he is requesting some funds from the MSTU. He noted that they would use plastic benches instead of wood to help resist graffiti. Ms. Brown provided additional information. After a brief discussion, it was the consensus of those present to partner with the County in this venture and authorized funds up to $9500, including a trashcan if possible. 7. TRANSPORATION LANDSCAPE OPERATIONS REPORT A. Val Prince provided copies of the current budget statements, which were reviewed. Cheryle Newman requested that $9500 be moved from Reserves to Operating. '. (Vddew (Va(e M�mgo� /aCr4 11,0003 1. Meeting called to order at 4:11 p.m. at the Golden Gate Community Center. 2. Roll Call - Present: Pat Spenser and Cheryle Newman, members; Robert Petersen and Val Prince, Landscape Operations; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates; Jacqueline Silano, recording secretary. Excused Absence: Norma Lees - Davis, members. Guests: Jill Brown, Sr. Planner, Collier County Metropolitan Planning Organization; Jim O'Gara, Developer. Unexcused Absence: Barbara Segura, member. 3. Approval of the minutes of the January 14th and February 11 ' meetings: As there was no quorum present, approval of the minutes was postponed. 4. OPENING DISCUSSIONS A. Bob Petersen gave an overview of the Collier Area Transit (CAT) system. Pamphlets showing the various routes were distributed. He advised that $40,000 in grant funds is available to erect five bus shelters. This amount will not be enough so he is requesting some funds from the MSTU. He noted that they would use plastic benches instead of wood to help resist graffiti. Ms. Brown provided additional information. After a brief discussion, it was the consensus of those present to partner with the County in this venture and authorized funds up to $9500, including a trashcan if possible. (Jill Brown left at 4:30 p.m.) B. Mr. O'Gara and Mr. McGee gave a lengthy presentation on the progress of Mr. O'Gara's project. Funding for the bridge landscaping improvements are lacking. After some discussion, Cheryle Newman indicated that she would contact John Magos, the developer of the developed project across from Mr. O'Gara's, to discuss him using enhanced landscaping on his new project further down the Parkway. S. LANDSCAPE MAINTENANCE REPORT A. Robert Kindelan noted that the February fertilization has been done; a couple of leaks in the mainline were repaired; the pump on 951A had to be replaced at a cost of $900; the dead pine trees will be removed by the end of the month. B. Regarding the graffiti, the T -5 cleaner was effective on the concrete but the painted surfaces may have to be re- painted. C. Cheryle Newman noted that vehicles are driving up on the medians, especially where there are turn lanes. This creates deep ruts so Mr. Kindelan will fill them in with sand. E1 6. LANDSCAPE ARCHITECTS REPORT A. Mike McGee reported that the project looks good and requested that the ruts be filled in and the dead pine trees be removed. 7. TRANSPORATION LANDSCAPE OPERATIONS REPORT A. Val Prince provided copies of the current budget statements, which were reviewed. Cheryle Newman requested that $9500 be moved from Reserves to Operating. 8. OLD BUSINESS A. Bob Petersen noted that he is still waiting to hear from the Florida Government Utilities Authority if the $4000 in fees for 18' Avenue is going to be waived. If this is not successful, he recommended using Dwarf Bougainvillea and Sable Palms since once they are established will not required irrigation. 9. NEW BUSINESS A. Cheryle Newman attended a recent Board of County Commissioners meeting where one topic of discussion was the proposed purchase of two homes at the end of Tropicana for access to the new high school. A pedestrian walkway is also being considered. She noted that although there was little public support, the Commissioners agreed to pursue it. As there was no further business to discuss, the meeting was adjourned at 5:40 p.m. The next scheduled meeting will be held on April 8t' @ 4:00 p.m. at the Golden Gate Community Center. AC 4 /,/ 900'Y (V-", L ate ffeau06.M.n —1� �0mrnlZ4 6s- ,gyl 9 Fiala i Halas ? Henning 1611 Coyle LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 APRIL 18, 2, 003 I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: March 28, 2003 IV. TRANSPORTATION SERVICES REPORT A. Budget B. Mil Rate V. OLD BUSINESS A. Update on Proposed Study/Wilson -Miller B. Traffic Calming C. Landscaping Plans D. Traffic Concerns onto Pine Ridge E. Committee Appointments VI. NEW BUSINESS VII. PUBLIC COMMENTS VIII. ADJOURNMENT D a /� r iJC: ie. The treat ineeting will be held at 10: 00.1 .11 Frida 1,, :11a 1, 91h, 2003 .11' 171E I'C1K1 -,S'7' L. lKE'5 (T1! "B1101'SL' Vgples, 14, 1 INII li m � Z fD u o d CD 0 0 N� C N CD CL m W v a m a CD CD a c cD T r tQ � C fD C N S 7 C. Q. O lD N I 0 0 V CD W A w 7 m CD c CD CD m 41 cc Z. si FD O O O A CD CD COD A (cp O o o z m m D m m m m m to T T 0 m m n C7 cmacz —1 m m Di M mzz O m m ' C/) m z c m V N ,O° oo oo °O °o o° m 0 _ N m m 0 0 o t 0 o O 1 1 V m O O O 000 v 0 O O O O O O O O O 000 N CTS O W V m O 0 O m K m z U) 0 m z m D r 0 o° 0 0 0 O O O o° O O O O N O O N N N N Cn In Cn cn Vl (n N m (n Cn O O 0 0 0 W W C0J c) C.) W W W W W co OD m m m m O m m 0) W co A. 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H. ATTENDANCE: Members: Bob Jones, Roger Somerville, Virginia Donovan, Bob Cunningham (Absent), Bill Seabury (Excused) County: Gerald Morris, Alternative Transportation Modes Others: Sue Chapin, Manpower Services, and several residents III. APPROVAL OF MINUTES: March 7, 2003 Virginia Donovan moved to approve the minutes of March 7, 2003. Seconded Roger Somerville. Carried Unanimously 3 -0. IV. TRANSPORTATION SERVICES REPORT: A. Budget — Gerald Morris handed out the Budget (attached). The $111,000 has been transferred for the Engineering Study. The Purchase Order is being processed. B. Bob Jones mentioned the $503.34 had been approved for reimbursement to Forest Lakes MSTU from the work paid and done by Kyle Construction several months ago. V. OLD BUSINESS: A. Update on Proposed Study/Wilson- Miller — Executive Summary has been approved by the Board of County Commissioners and the Purchase Order is being cut. Gerald is hoping it will be done in a week. It was noted the meeting may be chaTed a week later if Wilson - Miller doesn't have a report for the April 18 meeting. It will be properly advertised. B. Traffic Calming — Gerald reported the Sheriffs Dept. needs payment up front before they will contract for a months patrolling. Bob Jones will contact them. 1 '' % C. Landscaping Plans — Bob Petersen, Val Prince and Gerald Morris toured the area in question and gave suggestions to Lou Rossi. The island is financed by 14 communities. They completed the project by planting ficus bushes for hiding the metal boxes. They are hoping Sprint trucks will no longer park along the street. It was noted if anyone sees the trucks parking on the grassy areas to take their license number and it will be reported. D. Left Turn Light onto Pine Ridge — Gerald Morris reported he spoke with Bob Tipton and has not had a reply. A private road is subservient to the public right -of -way, so not sure Mr. Tipton can do anything or adjust the timing. There has to be signal coordination. Gerald will get back to Mr. Tifton. The Committee is wondering why it was changed. There were several suggestions concerning the situation such as: - Separating the out lane into two lanes - Extreme left lane turns only left - other lane left or right - Another stripe on roadway showing left turns from left or right - No right turns at all on red, green only - 2 lanes — outside lane can turn left or right but only on green VI. NEW BUSINESS: A. Committee Appointments — Gerald read the letter from Sue Filson concerning appointments to be made to the MSTU Committee for April. There are two vacancies and Sue Filsons office has received two applications. The Committee tabled it for the April 18th meeting until Gerald can check with Sue Filson to see if she has received other applications. Virginia commented that she was under the impression the priorities of the MSTU was to take care of the dwellings first for storm water, then streets, then grounds secondly. Several residents on Forest Lakes Drive from #1037 — #1040 are in danger of getting water in their garages and standing in driveways. Number 1037 and 1038 are the deepest. (Also 1079 -1082) Bob will give flags to Virginia to mark the areas during the next rain storm. Discussion followed on the need for more storm drain connections to new DI's for the water flowing into the swale and the lake. Roger discussed the swales filling up and not having a proper drainage. These are the type of concerns Wilson - Miller will be addressing in the Study. VII. PUBLIC COMMENTS: Virginia made mention of patching the potholes on the roadways. Bob and other Board members would like to meet with each Homeowners Assoc. to inform them of some of their responsibilities and what the MSTU is accomplishing. 2 Janice Bundy, Fairways at Emerald Greens had several suggestions on the Pine Ridge left turn lane proposal. - Could have a U -Turn moved to Shirley Street, but needs to be clearly marked. (Was some question whether that can be done) It was still the decision of the committee to let Transportation address the issue and have Gerald report back to the committee. VIII. ADJOURNMENT — being no further business to come before the meeting, it was adjourned at 11:05 AM. The next meeting will be held at 10:00 AM, April 18, 2003 AT THE FOREST LAKES CLUBHOUSE 3 1611'� THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD MARCH 3, 2003 IN THE FIRE CHIEF'S OFFICE AT THE EVERGLADES FIRE STATION In attendance were the following: Paul Wilson, Fire Chief David Loving, Chairman, Everglades City Advisory Board Member Kent Omer, Chokoloskee Island, Advisory Board Member John Pennell, Plantation Island, Advisory Board Member OLD BUSINESS: Kent Orner asked about the fireboat. Chief Wilson said he has to pursue a used boat we just can't get anybody to give us a price on a new boat in our price range. David Loving asked what is the price range $20,000 or $30,000? Chief Wilson said he actually has $50,000. We are not even asking for anything outrageous. We want a 26 -foot with 10 feet between the center console and transom. David Loving asked if all their equipment is over on the Island that is the main part of the protection. Chief Wilson said they had some hose over there. David Loving asked if there has been any CO's over there yet and if any one is living on the Island. Chief Wilson said there is some hose and stuff like that over there. Unfortunately he does not like relying on some one else to monitor the situation over there. The City dock thing seems to be dragging on forever and ever. The Department's end of the deal was to drive the twelve pilings @ $1,000 a piling that was all part of this package too. David Loving asked if he had the DEP approvals and all of that stuff. Page 1 16 11 '.1 Chief Wilson said the City was supposed to be handling that they were supposed to be taken care of with some kind of swap. I am not going to sink pilings into the water then we can't use it because there deal fell through. David Loving said so if you come across a good boat for $50,000 you are going to get the boat then we will worry about where to put it. Chief Wilson said yes we'll put it wherever we can until we can do it. Kent Omer can you rig it the way you want it? As long as we can get the center console moved forward the rest of it is not a big deal. The fire pump is $5,000 you can get it installed for about $1,000, radio box in it, radio, the hard cover T -Top, then it is ready to go down the road. David Loving said when that plane went down it would have been nice to have a boat. Chief Wilson said that is the typical reason why we should get into this boat business. David Loving said with all this water around here there are things happening. Chief Wilson said the air packs need to be replaced we need to start looking into that. We didn't get the FEMA Grant for that but we are going to try one more time for that if we don't get it again then he is just going to budget for them next year. If I do it in addition to because of the increase of manpower we have to increase inventory we may be able to use impact fees to buy it. NEW BUSINESS: Kent Omer asked about the $2,000 that was received from the fundraiser during the seafood festival. Chief Wilson said that was the $2,000 that was given to this Department, how much they actually made I don't know. $17,000 of the Ochopee Account is the money given to the Department by Jim Mann of Club Everglades for the boat. This way if we get the right deal we can put some money down right away. That will buy us the time to get the budget amendments to pay the balance on it plus that was also slated to buy the fire pump, radio, striping and golf cart that they are going to place on the island. The other $2,000 that came in there is slated for Fire Reporting Software that will be installed on the computers here, Fire Soft. The total price is $2500 and the volunteers are putting $2000 towards it and the District the balance of $500. The soft ware is for the purpose of interfacing the NFIR Reports with some pre -fire planning and pre -fire plans supposedly it will make things run smoother. Page 2 Chief Wilson (Continuation): Other new business is that there is a CERT Team the classes started at Port of the Islands on February 11, 2003. They will have there third meeting tomorrow night and their training class is tomorrow. We are expecting graduation of that first team April 1, 2003 and might migrate back into Everglades City if we can develop a second team for our Department into this area. I have just had Lt. Caleb Morris and FF Joshua Grimm attend the CERT Train the Trainer Class and they are certified instructors for this course now so it is now more than just me. He is working with Emergency Management because we are in the start up mode for the CERT program. There is grant money out there that could be available to us possibly to help buy their equipment. We may have to do the initial purchase upfront of $1,000 then we will have money after that for equipment and over time for paid personnel teaching the classes through the grants. As you can see from Fire Inspections and Plan Reviews we so have some revenue coming in from that side that kind of helps. The big picture is that the taxable value of the District will go up a little next year. We had a 12% increase last year of taxable value. He said with your help and support we need to look at replacing one of the old engines. It's getting to the point that it is more maintenance than drivable it is time to look into replacing it. He is in the process of starting the FEMA Grant and he will be asking for air packs again. We have been turned down two years in a row hopefully the third time will be the charm. It is about a $70,000 package if you do it the right way. The Lieutenant's vehicle is in full service and functional. Kent Omer wanted to know where the other one went. Chief Wilson said it went back to auction. It got water in it from Gabrielle the last time he checked up on it which was last week when you raised the hood you could see where it was disintegrating. We did institute a new policy on the vehicle it is assigned to the three Lieutenants as primary and he is the secondary and no one else is allowed to drive it. The Bronco is in the shop it used to be the Lieutenant's vehicle it was used by everybody for whatever and we are getting a pretty hefty bill to replace the piston in it because the whole top of it was sheered off. He instituted an 85mph speed call, washing, clean up, waxing, and maintenance, which includes taking it in for oil changes when they get notification of it. This time he made it a general order so that there is something to back it up with. A motion to adjourn was made by John Pennell and seconded by Kent Omer and passed David Loving, Ch#man // Ochopee Fire Ccqitrol DisiVict Advisory Board Page 3 Fiala � Halas VIV 1 6 Henning � , Coyle Radio M.S.T.U. ' Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 Minutes of March 18, 2003 SUMMARY OF RECOMMENDATIONS & MOTIONS III, Approval of Minutes: February 18, 2003 Susan moved to approve the minutes of February 18, 2003. Seconded Dale Lewis. Carried unanimously 5-0. The closure of the median in front of Publix and Winn Dixie on Radio Road was discussed. Bob Petersen will try to get plans and an update for closure by next meeting. Bob will ask Susan Mason and /or another person from Code Enforcement to attend the next meeting to address the exotic removal and plant replacement issues behind Publix. Information will be e- mailed to the members concerning the Santa Barbara/Livingston Road public Workshop scheduled in April as soon as it is received. corr6s. 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U G F' LLJ W 0 0 0 0 0 0 0 0 O I- 00 O N co T r r N CO N 0) U r (D (D T (D 00 00 O M ('7 m m m ct qt m CO LO O O (f) (n O O OD 00 d' It r T O Z N M M N N N M C.) 0 00 00 (D (D r T U CA On r T OA OA N N O1 l y I. Q Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 March 18, 2003 16 ►1 'J Crystal Kinzel called the meeting to order at 4:30 PM. ATTENDANCE: Members: Crystal Kinzel, Dale Lewis, Susan Saum, Helen Carella, Bill Jaeger. County: Bob Petersen, Val Prince Others: Robert Kindelan- Commercial Land Maintenance, Sue Chapin - Manpower Services III. APPROVAL OF MINUTES: February 18, 2003 Susan moved to approve the minutes of February 18, 2003. Seconded Dale Lewis. Carried 5 -0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report — Val handed out the Budget Reports. The $45,000 that was approved last month to be transferred for "Other Contractual Services" will be reflected after the Board of County Commissioners meeting on March 25th. Deadline for the millage rate is June I" — will be reviewed at the April meeting. The Millage rate was discussed. Val and Bob will get information for some scenarios to the Committee before Sue mails out the Minutes and Agendas which will be April Is. V. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Robert gave his report: - Normal maintenance done - Fertilized in February - A few irrigation problems w/broken pipes — nothing major Crystal mentioned there is no resolution on how to receive the accident reports as only those persons having an interest in them can get a copy. This is due to a change in the Statutes. The County may be able to sign off for the Contractor. The legal department is reviewing the issue. - Pumping system is working. - Plant material and trees are producing new growth. - Grass is green/good moisture - Mowing depending upon weather. Val brought up an irrigation issue. Commercial Land tried to locate the irrigation lines on Devonshire connecting to Radio Road and found most cannot be used. McGee & Assoc. (Landscape Architect) looked at it. They were planning on only irrigating in front of the sidewalk, between the curb and sidewalk and median. Robert wondered about the signs off Radio Road and Santa Barbara. The signs are not in the right -of -way. They are in an easement for the Homeowners. The County needs clarification of what should and should not be maintained. Crystal felt they should meet with the Homeowners Assoc. and address it with them and get their thoughts. They need to know CLM has been maintaining the landscaping, but isn't on the right -of -way and should be the Homeowners responsibility. Bob will arrange a meeting for the week of March 23'd with the Homeowners Assoc. and Committee Chairman. Commercial Landscape Maintenance indicted it's best to maintain the irrigation separate if it's for a separate area. The County will need to put in a new system at some expense. The Committee will address the Berkshire Homeowners concerning the maintenance of the water (irrigation) for the entry sign, the existing lighting in the medians and flag pole. The Committee was not in favor of taking over the Berkshire sign entry area. Discussion followed on the removal of the exotics and replacement of trees behind Publix. Publix assessed all the businesses for a share of the cost. The neighborhood has now lost their buffer and asking whether there will be further plantings. The closure of the median in front of Publix and Winn Dixie on Radio Road was discussed. Bob will try to get plans and an update for the closure by next meeting. VI. COMMITTEE MEMBERS REPORT: None VII. OLD BUSINESS: A. Code Enforcement Update — Bob will ask Susan Mason and/or another person from Code Enforcement to attend the next meeting to address the exotic removal and plant replacement issues. There is a public workshop meeting scheduled for the Santa Barbara/Livingston Road corridor in April. Sue will e-mail the information to all the members. 2 1611'] VIII. NEW BUSINESS: A. New Plantings (Plans) — everyone looked over the plans of Radio Road medians and looked through pictures of plantings from Robert. (CLM) After much discussion it was decided to hold a meeting in the field to look at the medians on Sunday, May 4t' 3:00 PM. IX. PUBLIC COMMENTS: None X. Being no further business to come before the Committee Bill Jaeger moved to adjourn. Seconded by Susan Saum. Meeting was adjourned at 5:32 PM. The new meeting will be held at 4.30 pm, Tuesday, April 15, 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe, Suite 212, Naples, FL 34104 3 I Fiala �► Halas �, 1 Henmmg Coyle Coletta 4--° COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MARCH 10, 2003 MEMBERS Bill West Steve Price PRESENT: Raymond Rewis ABSENT: Robin Doyle STAFF: Bob Tweedie Thomas Palmer Debi Mueller Stephanie Taylor PUBLIC: Denny Baker Lee Combs Mike Taylor Winona Stone Gene Schmidt Bob Titus O Dennis Vasey Gail Hambright Bill Griffith Gary Vincent Monica Biondo Edward Kant I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05p.m. and quorum was present. Before the agenda was discussed, Mr. Lazarus resigned as a member and as Chairman of the Airport Authority due to a conflict with serving on another board. Mr. Lazarus acknowledged his appreciation to the board and that it has been a privilege to serve on the Airport Authority. The board acknowledged that he would be missed. Mr. Lazarus then turned the meeting over to Mr. West, who will serve as Chairman. II. APPROVAL OF AGENDA Consent agenda III -A Minutes of February 10, 2003; Monthly Financial, January 2003 Statement; and change Order No. 3 Florida State Underground to be removed for discussion. Additions to agenda: None Mr. Vasey moved for approval of agenda with changes. Mr. Schmidt seconded the motion. Motion passed unanimously. III. APPROVAL OF CONSENT AGENDA Approved: EDC Agreement Mr. Vasey moved to approve the Consent Agenda. the motion. Motion passed unanimously. ;' Mr. Schmidt se onded — Dte: c �� jt,. sF l 6 C'._.` E E it '. : T, Collier County Airport Authority Minutes March 10, 2003 Page 2 IV. ADMINISTRATIVE 1611 '� A. Status Update — Immokalee Incubator Phase II Facility Denny Baker and Lee Combs addressed the board on requirements that need to be met concerning the Incubator Phase II facility. Recommendation: To address Global Manufacturing personally to make sure requirements are understood and met. Mr. Price moved for approval of recommendation. Mr. Vasey seconded the motion. Motion passed unanimously. B. Minutes of February 10, 2003 Mr. West noted that item IV -G Authorization of $500,000 Commercial Paper Loan did not state that recommendation was approved. Recommendation: Make approval noted in minutes. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. C. Immokalee Bulk Storage Hangar Lease Recommendation: That the board approve and authorize the Chairman to execute lease with Mosquito Control. Mr. Price moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. D. November 2002 Financial Statements Discussion was held regarding the November 2002 Financial Statements. Recommendation: That the board review the analysis and accept the financial statements for the period ended November 30, 2002. Mr. Vasey moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes March 10, 2003 Page 3 E. Monthly Financial, January 2003 Statement 1611%11,1 Mr. Titus addressed any questions or concerns regarding the monthly financial, January 2003 statement. Recommendation: To accept monthly financial statements for the month and period ended January 31, 2003. Mr. Vasey moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. F. Annual Report The Annual Report was discussed. Recommendations that were made were as follows: Page 16 Budget should be on next page with paragraph description; Liability To The County, do a narrative. Recommendation: Accept Annual Report with above recommended changes and forward to the Board of County Commissioners. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. G. Change Order No. 3 Florida State Under round Recommendation: Authorize the Chairman to sign Change Order No. 3 with Florida State Underground subject to Board of County Commissioners approval of the required capital reserve expenditure. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. V. OLD BUSINESS VI. NEW BUSINESS VII. ADJOURNMENT Meeting adjourned at 2:30p.m. X11 Zd o/ states ,�eauti catioK t�i�r�rso��C %r�ritt�ee Fiala Hales 17, 2003 Henning Coyle Coletta 1. Meeting called to order 2. Roll Call 3. Minutes of meeting of March 20, 2003 4. Landscape Maintenance Report — Robert Kindelan 5. Landscape Architect's Report - Mike McGee 6. Alternate Transportation Modes Report — Val Prince, Robert Petersen A. Budget B. Pathways Committee representative 7. Housekeeping items 8. Committee Members' Reports 9. Old Business 10. New Business 11. Public Comments 12. Adjournment No 11111 1 i i Il Le O �af 44-f tates ge at/d GQt/a f 46(wSaf��G �iOfNIYC /ttee �eeti�',p aj /f'a -c% 20, 2003 SUMMARY OF RECOMMENDATIONS & MOTIONS 4. MINUTES OF FEBRUARY 27, 2003: Clarification of 5 B — $19,070.39 is for labor costs for irrigation and planting only; with materials, the cost would be $29,135.15. With this clarification, Bob Cole moved to accept the minutes as presented; seconded by Ron Torp and carried unanimously. 6. LANDSCAPE ARCHITECT'S REPORT B. Mr. McGee recommended replanting median #13 at a later date. 7. ALTERNATE TRANSPORTATION MODES REPORT B. Bob Petersen has been discussing the county charges to the MSTUs with their new director, Diane Flagg, and is still working on trying to get them reduced. He brought the committee up to date. A lengthy discussion ensued. He recommended that the MSTU provide input to her regarding median standards. 8. HOUSEKEEPING ITEMS A. Mr. Slebodnik noted that the process of obtaining the easement of the Hibiscus ditch is on going. Bill Erickson expressed his concerns about the area by the bridge at route 41; he noted that the canal is very shallow and needs to be cleared. He felt that the debris and shallowness impedes the flow. Val Prince will follow up. B. Bob Slebodnik advised that the Baltusrol monument has been power washed and painted and the area cleaned up in anticipation of the new sign and plantings. 9. OLD BUSINESS B. The committee reviewed the two drawings provided by Mike McGee. He elaborated on the differences between the two. A decision on which type of landscaping will be chosen, depends on whether or not the adjacent property owners agree to financially participate. A lengthy discussion ensued regarding the proposed improvements. The consensus of the committee was: 1. to have 5' wide winding sidewalks with decorative edges on both sides of the road; 2. to include the infrastructure for lighting as lighting fixtures would be needed in median #1 and every 14' to 16' along the sidewalks; 3. to have the sidewalk on the east side to be tied into the present sidewalk; 4. to have the sidewalk on the west side end at the end of median #1; 5. to use a bigger pressure tank for the reused water; and 6. to provide a bench and trash can. ze of �0/j Lsta&e ge aelpae*'T 14dws'07 aol'yml tee irutes - /�eetiK�r o� /�la� 20, 2003 1. Meeting Called to Order at 4:03 pm. 2. Location: Transportation Road Maintenance Conference Room. 3. Attendance Taken: Present - Robert Cole, Bill Erickson, Ron Torp, Tony Branco and Bob Slebodnik, members; Val Prince and Bob Petersen, Alternate Transportation Modes Maintenance; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates. Jacqueline Silano, recording secretary. 4. MINUTES OF FEBRUARY 27, 2003: Clarification of 5 B — $19,070.39 is for labor costs for irrigation and planting only; with materials, the cost would be $29,135.15. With this clarification, Bob Cole moved to accept the minutes as presented; seconded by Ron Torp and carried unanimously. 5. LANDSCAPE MAINTENANCE REPORT A. Robert Kindelan advised routine maintenance has been performed and the irrigation system is working fine. B. There is still no power on Pebble Beach and this was supposed to be taken care of this afternoon by Florida Power and Light. 6. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee reviewed the project and had no major concerns. B. Mr. McGee recommended replanting median #13 at a later date. 7. ALTERNATE TRANSPORTATION MODES REPORT A. Copies of the current budget statements were provided and reviewed. The budget amendment requested last month is scheduled to be approved by the Board at their April 10t' meeting. B. Bob Petersen has been discussing the county charges to the MSTUs with their new director, Diane Flagg, and is still working on trying to get them reduced. He brought the committee up to date. A lengthy discussion ensued. He recommended that the MSTU provide input to her regarding median standards. 'r &Aao asrow (,'onr,Kittee - 1 - /tia � 20, 2003 1Oil', 8. HOUSEKEEPING ITEMS A. Mr. Slebodnik noted that the process of obtaining the easement of the Hibiscus ditch is on going. Bill Erickson expressed his concerns about the area by the bridge at route 41; he noted that the canal is very shallow and needs to be cleared. He felt that the debris and shallowness impedes the flow. Val Prince will follow up. B. Bob Slebodnik advised that the Baltusrol monument has been power washed and painted and the area cleaned up in anticipation of the new sign and plantings. 9. OLD BUSINESS A. Regarding the proposed improvements at the U.S. 41 entrance, Bob Cole said he would like to see the sidewalk on the east side extended out to U.S. 41 with no sidewalk on the west side. Bob Petersen will request that a member of the pathways committee attend the April meeting to discuss the application process. It was determined that application for the loan should be developed by September. B. The committee reviewed the two drawings provided by Mike McGee. He elaborated on the differences between the two. A decision on which type of landscaping will be chosen, depends on whether or not the adjacent property owners agree to financially participate. A lengthy discussion ensued regarding the proposed improvements. The consensus of the committee was: 1. to have 5' wide winding sidewalks with decorative edges on both sides of the road; 2. to include the infrastructure for lighting as lighting fixtures would be needed in median #1 and every 14' to 16' along the sidewalks; 3. to have the sidewalk on the east side to be tied into the present sidewalk; 4. to have the sidewalk on the west side end at the end of median #1; 5. to use a bigger pressure tank For the reused water; and 6. to provide a bench and trash can. As there was no further business to discuss, the meeting was adjourned at 5:40 p.m. The next scheduled meeting will be held Thursday, April 17th @ 4:00 p.m. at the Transportation Road Maintenance conference room on South Horseshoe Drive. -- '6614 414 r eoxorime - 2 - /tia�c� 20, 2003 ,=iala Halas i-lenni Coyle Colette 1. Roll call 2. Minutes RCE HOUSING COMMITTEE Meeting 4 -14 -03 AGENDA 3. Review of workshop, how to move forward • Modified Linkage Fee Proposal • LDC amendments • Management entity 4. Meetings for balance of committee work • How often • When to sunset 5. Chair position 6. Adjourn t u {u. N 04/15/2003 10:57 4830 Fiala Halas Hernving Coyle Coletta Collier Coun PUB INFO I �11� Government PAGE 03/03 �J i 7T"r? Communication. & Contact: Sandra Arnold- Lawson Customer Relations Department Public Information Coordinator. 3301 East Tamiami Trail (239) 7748308 Naples, FL 34112 April 15, 2003 FOR IMMEDIATE RELEASE IMMOKALEE LOCAL REDEVELOPMENT ,ADVISORY BOARD REGULAR MEETING Wednesday, Apri 123, 9 a.m.. Career & Service Center of Collier County - Immokalee 750 S. 5th Street Immokalee, FL 34142 1. Roll Call 2. Adoption of Agenda 3. Adoption of Minutes 4. Old Business a. April 16, 2003 Advisory Board Special Meeting update b. Open forum on development projects in. Immokalee c. Redevelopment proposal questionnaire Corres: S. New Business a. One -on -One Advisory Board/ Assigned. staff meetings Dale: 1F-►•m l 6. Announcements 7. Citizen Comments 1- 1 cs To: 8. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building), on the CRA Web site and at other locations as .recommended by the Advisory Board. Ian. accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Aaron Blair at least 48 hours prior to the meeting. Please call Aaron Blair, urban design planner, at (239) 403 -2300 if you have any questions about the meeting. 14001 16114"1 COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: April 14, 2003 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. - ` Fiala f ... I. Call meeting to Order and Quorum Check Halas Henning II. Approval of Agenda Coyle �. Coletta . III. Consent Agenda A. Minutes of March 10, 2003 B. Monthly Financial, February 2003 Statement C. Airwork Enterprises Lease Amendment D. KPK Management, Inc. — Lease Amendment IV. Administrative A. Update on Incubator Phase II Facility B. Select New Vice Chairman C. Strategic Planning Committee D. EDC Marketing Plan Update V. Old Business VI. New Business A. Nomination for Revenue Commission VII. Adjournment t 1 LF - 1611 '' COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MARCH 10, 2003 MEMBERS Bill West Steve Price Gene Schmidt Dennis Vasey PRESENT: Raymond Rewis ABSENT: Robin Doyle STAFF: Bob Tweedie Debi Mueller PUBLIC: Denny Baker Mike Taylor Thomas Palmer Stephanie Taylor Lee Combs Winona Stone Bob Titus Gail Hambright Bill Griffith Gary Vincent Monica Biondo Edward Kant I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05p.m. and quorum was present. Before the agenda was discussed, Mr. Lazarus resigned as a member and as Chairman of the Airport Authority due to a conflict with serving on another board. Mr. Lazarus acknowledged his appreciation to the board and that it has been a privilege to serve on the Airport Authority. The board acknowledged that he would be missed. Mr. Lazarus then turned the meeting over to Mr. West, who will serve as Chairman. II. APPROVAL OF AGENDA Consent agenda III -A Minutes of February 10, 2003; Monthly Financial, January 2003 Statement; and change Order No. 3 Florida State Underground to be removed for discussion. Additions to agenda: None Mr. Vasey moved for approval of agenda with changes. Mr. Schmidt seconded the motion. Motion passed unanimously. III. APPROVAL OF CONSENT AGENDA Approved: EDC Agreement Mr. Vasey moved to approve the Consent Agenda. Mr. Schmidt seconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes March 10, 2003 Page 2 IV. ADMINISTRATIVE 1611"" 1 A. Status Update — Immokalee Incubator Phase II Facility Denny Baker and Lee Combs addressed the board on requirements that need to be met concerning the Incubator Phase II facility. Recommendation: To address Global Manufacturing personally to make sure requirements are understood and met. Mr. Price moved for approval of recommendation. Mr. Vasey seconded the motion. Motion passed unanimously. B. Minutes of February 10, 2003 Mr. West noted that item IV -G Authorization of $500,000 Commercial Paper Loan did not state that recommendation was approved. Recommendation: Make approval noted in minutes. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. C. Immokalee Bulk Storage Hangar Lease Recommendation: That the board approve and authorize the Chairman to execute lease with Mosquito Control. Mr. Price moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. D. November 2002 Financial Statements Discussion was held regarding the November 2002 Financial Statements. Recommendation: That the board review the analysis and accept the financial statements for the period ended November 30, 2002. Mr. Vasey moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. Collier County Airport Authority Minutes March 10, 2003 Page 3 E. Monthly Financial, January 2003 Statement 1611'+ 4 Mr. Titus addressed any questions or concerns regarding the monthly financial, January 2003 statement. Recommendation: To accept monthly financial statements for the month and period ended January 31, 2003. Mr. Vasey moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. F. Annual Report The Annual Report was discussed. Recommendations that were made were as follows: Page 16 Budget should be on next page with paragraph description; Liability To The County, do a narrative. Recommendation: Accept Annual Report with above recommended changes and forward to the Board of County Commissioners. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. G. Change Order No. 3 Florida State Under rg, ound Recommendation: Authorize the Chairman to sign Change Order No. 3 with Florida State Underground subject to Board of County Commissioners approval of the required capital reserve expenditure. Mr. Vasey moved for approval of recommendation. Mr. Price seconded the motion. Motion passed unanimously. V. OLD BUSINESS VI. NEW BUSINESS VII. ADJOURNMENT Meeting adjourned at 2:30p.m. o i l AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. III -B MONTHLY FINANCIAL STATEMENTS CONSENT AGENDA Summary: The following financial statements are for the month and period ended February 28, 2003 for the Authority's Operating and Capital Accounts. Impact on Master Plan: None Fiscal Impact: None Recommendation: No action required, for informational purposes only. .y AIRPORT AUTHORITY Operating Account (Fund 495) Comparison of Actual to Budget For the period ended February 28, 2003 Income Net revenue from fuel sales Rentals, leasing and other Income Expenses Personnel services Operating Capital Expenses Cost of Operations Income Net revenue from fuel sales Rentals, leasing and other Income Expenses Personnel services Operating Capital Expenses Cost of Operations Revenue reserve Total -- General Fund Transfer 1611 '] Year -To -Date For the Five Months ended February 28, 2003 Budget Actual Variance Annual Budget 1 277,426 Current Month (4,102) For the Month of February 2003 154,917 Budget Actual Variance 371,800 432,342 447,143 67,014 71,922 4,908 7.3% 30,983 27,448 (3,536) -11.4% 97,997 99,370 1,373 1.4% 654,600 89,822 54,697 69,317 58,429 (10,888) -15.7% 54,550 58,561 4,011 7.4% 8,908 2,920 (5,988) -67.2% 132,775 119,910 (12,865) -9.7% 34,778 20,540 (14,237) -40.9% Year -To -Date For the Five Months ended February 28, 2003 Budget Actual Variance Annual Budget 1 277,426 273,323 (4,102) -1.5% 575,700 154,917 173,820 18,904 12.2% 371,800 432,342 447,143 14,801 3.4% 947,500 346,583 331,924 (14,659) -4.2% 831,800 254,567 260,790 6,223 2.4% 654,600 89,822 54,697 35,125) -39.1% 203,400 690,972 647,411 (43,561) -6.3% 1,689,800 258,630 200,267 (58,363) -22.6% 742,300 74,800 817,100 These financial statements have been derived from data contained in the County's SAP system. Adjustments have been made to give effect to prepayments and accruals to make the statements more meaningful on an interim basis. 1611 '� AIRPORT AUTHORITY Analysis of Net Revenue from Fuel Sales For the period ended February 28, 2003 Current Month Budget Actual Variance Gallons $ Gallons $ Gallons $ % Fuel Sales 54,863 130,589 52,399 145,154 -2,464 14,565 11.2% Cost of Goods Sold 63,575 73,232 9,657 15.2% Net Revenue from Fuel Sales 67,014 71,922 4,908 7.3% Year -To -Date Budget Actual Variance Gallons $ Gallons $ Gallons $ % Fuel Sales 224,904 535,745 217,781 582,497 -7,123 46,752 8.7% Cost of Goods Sold 258,319 309,174 50,855 19.7% Net Revenue from Fuel Sales 277,426 273,323 -4,102 -1.5% AIRPORT AUTHORITY Capital Accounts - Funds 496 and 497 Schedule of Expenditures For the five month period ended February 28, 2003 Project Number Project Name Project Immokalee 33010 Incubator Support Facility 33327 Industrial Park Improvements 33343 Conceptual ERP Permit 33383 FIS /Cargo Processing Facility 33386 Taxiway Extension 36000 Incubator (USDA Powder Coating) Everglades 33394 Rehabilitation of Runway Lights 46003 Taxiway Extension Marco 33330 Environmental Mitigation (Phase II) 33348 Rehabilitate Parking Lot 33375 Wetlands Mitigation (Land Acquisition) 33391 Vegetation Mngmnt (Clearing & Filling) I Totals 894,981 142,705 Expenditures Project Cummulative -To -Date Current Current Budget Amount % of Bud. Y -T -D Month 639,000 626,456 98% 1,639 0 1,203,500 949,396 79% 360,157 31,800 350,000 289,727 83% 26,768 0 1,070,000 551,967 52% 381,313 76,837 500,000 2,100 0% 2,100 2,100 250,000 248,695 99% 3,018 3,018 125,000 19,396 16% 19,396 7,205 286,000 1,850 1% 1,850 1,850 250,000 136,233 54% 5,240 0 63,750 19,104 30% 19,104 18,974 250,000 77,221 31% 74,397 921 250,000 228 0% 0 Totals 894,981 142,705 1611 -� AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. III -C AIRWORK ENTERPRISES LEASE AMENDMENT CONSENT Summary: The Authority entered into a lease agreement with Airwork Enterprises of Florida, Inc. dated October 1, 1994 for land at the Immokalee Regional Airport. That agreement was amended August 1, 2002. Airworks has requested a second amendment to their lease (attached) to correctly reflect the types of commercial activities in which they are currently engaged. Impact on Master Plan: None Fiscal Impact: None Recommendation:. That the board approve the second amendment to the Airwork Enterprises lease and authorize the Chairman to execute the amendment. SECOND AMENDMENT TO AIRWORK ENTERPRISES SUBLEASE AND LICENSE AGREEMENT IMMOKALEE REGIONAL AIRPORT WHEREAS, the Collier County Airport Authority (Authority) and Airwork Enterprises of Florida, Inc., (Licensee) entered into a sublease and license agreement dated October 1, 1994 (the "Basic Agreement "); and WHEREAS, the Authority and Licensee amended the basic agreement on August 1, 2002. WHEREAS, Licensee has requested that the Basic Agreement be amended to correctly reflect the types of Commercial Aeronautical activities they are currently engaged in. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the basic Agreement be amended as follows: 1. Article II, Paragraph B, Item 1 is deleted and replaced by the following: 1. License to conduct the following Commercial Aeronautical Activities consistent with Authority adopted Minimum Standards as may be amended throughout the tdrm of this Agreement: a. Crop Dusting b. Hangar Rental 2. Article II, Paragraph C is deleted in its entirety. 3. Article III, Paragraph A, Item I is deleted and replaced by the following: 1. Annual Commercial Operating privilege fees as follows: A. Crop Dusting - $200.00 B. Hangar Rental - $200.00 4. All other terms and conditions of the Basic Agreement shall remain in full force throughout the term of this Amendment to the Basic Agreement. AGREED AND ACCEPTED, by the parties this day of 2003. WITNESSES (two required): COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA Robert Tweedie, Acting Executive Director Gail D. Hambright By: WITNESSES: Monte Lazarus, Chairman Airwork Enterprises of Florida, Inc. By: Kenneth Rutter, President (Corporate Seal) First Amendment to Airwork Enterprises Page 2 1611 "A Secretary to the Corporation Print name: or FIRST WITNESS: Sign Name Print Name SECOND WITNESS: Sign Name Print Name Approved as to form and legal sufficiency: BY: �( J Thom s C. Palmer F: \Leases\Second Amendment Airwork Enterprises Lease 2- 03.doc FIRST AMENDMENT 1 ;� TO AIRWORKS ENTERPRISES SUBLEASE AND LICENSE AGREEMENT IMMOKALEE REGIONAL AIRPORT WHEREAS, the Collier County Airport Authority (Authority) and Airworks Enterprises of Florida, Inc., (Licensee) entered into a sublease and license agreement dated October 1, 1994 (the "Basic Agreement "); and WHEREAS, the Authority and Licensee are desirous of amending the Basic Agreement by extending the term and adjusting the rent, among other changes as specifically provided for herein. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the basic Agreement be amended as follows: 1. The Termination date of "July 31, 2004" in Article I in the Basic Agreement is deleted and replaced with a new termination date of "December 31, 2010. 2. The rent and fees shall remain the same as stated in the basic Agreement until July 31, 2004. Beginning August 1, 2004 rent shall increase by two (2) cents per square foot above that rate which is being paid on August 1, 2003. All other fees shall remain consistent-with the basic Agreement. 3. Adjustment of annual rent throughout the term of this Amendment shall be based on the CPI -U and consistent with Article III Paragraph H of the Basic Agreement (page 8). 4. Article IX, Paragraph B on Page 17 of the basic agreement is deleted in its entirety and replaced as follows: "Sublicensee may sell, assign or transfer this agreement only after receiving written approval from the Collier County Airport Authority. Said approval shall not be unreasonably withheld." 5. In the event the Authority requires the use of the "subleased premises" for other purposes at anytime during the term of this Amendment the Licensee shall relocate to another area on the airport provided: A. The Authority provides sub Licensee with at least 365 days written notice to relocate. B. The Authority provides an area of land on the airport with water, sewer, electric and substantially similar access by aircraft to the runways. Said area of land to be at least equal in square footage to that identified on Exhibit A of the basic Agreement. C. The Authority shall provide an office area, hangar, fueling area and chemical tank area that is substantially similar in size and condition to that which is existing and/or permitted under the current lease. D. The Authority shall pay for the costs of relocation. 6. All other terms and conditions of the Basic Agreement shall remain in full force throughout the term of this Amendment to the Basic Agreement. ,L AGREED AND ACCEPTED, by the parties this day ofA fil -, 2002. 1 �P req ired): COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA Gail D. Hambright By: Stephen L. Pric , airman GAIL D. HAMBRIGHT .r �?`: Notary Public, State of Florida My comm. expires Aug. 19, 2008 " Comm. No. DD 113583 First Amendment to Airw -.Ks Enterprises Page 2 Airwork0 WITNESSES: Kenneth R (C Secretary to the Corporation Print name: CAC? -OLA Q4,47 Z or FIRST WITNESS: Sign Name Print Name SECOND WITNESS: Sign Name Print Name Approved as to form and legal sufficiency: B �dV y. 1 Thomas C. Palmer ' HAAmendments /10 /15 101 FirstAmendmentAirworks -END- es of Florida, Inc. , President rate Seal) 2 1�11'j AIRWORK ENTERPRISES SUBLEASE AND LICENSE AGREEMENT IMMOKALEE REGIONAL AIRPORT FOR THE FOLLOWING COMMERCIAL AERONAUTICAL ACTIVITIES: CROP DUSTING AIRCRAFT MAINTENANCE FIRE FIGHTING PATROL GLIDER OPERATIONS AIRCRAFT SALES AIRCRAFT RESTORATION Revised: 7/14/94 1 , TABLE OF CONTENTS 1 1 ARTICLE ITEM PAGE Article I TERM OF LICENSE 2 Article II PREMISES AND PRIVILEGES 2 Article III RENT AND FEES 6 Article IV SUBLEASED PREMISES 8 Article V OBLIGATIONS OF LICENSOR 9 Article VI OBLIGATIONS OF SUBLICENSEE 9 Article VII SUBLICENSEE'S IMPROVEMENTS 13 Article VIII MAINTENANCE 15 Article IX ASSIGNMENT AND SUB - SUBLETTING 16 Article X SURRENDER OF PREMISES 17 Article XI INDEMNIFICATION AND INSURANCE 18 Article XII CONCESSIONS EXCLUDED 21 Article XIII CONTRACTS TO OTHERS 22 Article XIV VENDING MACHINES 23 Article XV TRADE FIXTURES 23 Article XVI GOVERNMENT INCLUSION 23 Article XVII RULES AND REGULATIONS 26 Article XVIII TITLE TO IMPROVEMENTS 26 Article XIX EARLY TERMINATION AND RELETTING 26 Article XX NOTICE OF TERMINATION 27 Article XXI NON - WAIVER OF RIGHTS 27 Article XXII SURRENDER OF POSSESSION 27 Article XXIII INSPECTION OF PREMISES 28 Article XXIV HOLDING OVER 28 Article XXV NO LIENS 28 Article XXVI HAZARDOUS SUBSTANCES 29 Article XXVII WAIVERS 29 Article XXVIII AGENT FOR SERVICE OF PROCESS 30 Article XXIX WAIVER OF CLAIMS 31 Article XXX HEADINGS 31 Article XXXI CONSTRUCTION AND SAVINGS 32 ARTICLE ITEM PAGE Article XXXII Article XXXIII Article XXXIV 1611 LAND RADIATION EMISSION STANDARDS 32 NOTICES 32 CANCELLATION 33 d. Glider Operations. 16 e. Sale of Aircraft. f. Aircraft Restoring. G. Hanger Rental. 2. Bare license to conduct, on an interim basis, the following Commercial Aeronautical Activities for a limited period of time, which Sublicensee shall automatically terminate upon 30 days' written notice by Sublicensor to Sublicensee: a. The sale of aircraft fuel. b. The rental of ramp space to others. \ 3. Consistent with the Authority's Leasing Policy, the rental of hangars to others is not permitted by'Sublicensees, however, a unique limited exception is made in this Agreement. Sublicensee is "Grandfathered" and permitted to rent up to five (5) aircraft hangar spaces within hangars A, B, and future hangar C as shown on Exhibit "A" for a total maximum of fifteen (15) hangar spaces permitted under this agreement. 4. Sublicensee may be permitted to operate a Fuel Farm and /or Chemical Facility subject to and only after entering into separate "Operating Agreements" with the Authority covering such activity and operations, which agreement is subject to this Agreement. 5. The use, in common with other duly authorized users, of the common areas (as the same now exist or may hereafter be relocated, contracted, or extended) of the Airport, consisting of roadways, runways, taxiways, all aids of air navigation for the Airport, and all public areas (limited public forums) of the Airport. 6. The privilege of ingress to and egress from the Subleased Premises, over Airport roadways, including the use of common use roadways, subject to general law and such rules and regulations as may be established by Licensor. -4- Y 1611 7. The loading and unloading of aircraft to engage in any lawful commercial aviation activities authorized by the Agreement. 8. The operation and maintenance of facilities and improvements upon the Subleased Premises, for the purpose of carrying out any or all of the activities authorized herein; subject, to all provisions of this Agreement. 9. The right to install and operate appropriate identifying signs on the Subleased Premises provided that plans for the type, size, design, color, fabrication, location and operation of any such signs shall have been submitted to and expressly approved in writing by Licensor prior to installation of any sign. 10. With reference to hangars A, B, and C as shown in Exhibit said hangars are to be used for storage and /or maintenance of aircraft with the bare license hereby being granted to the Sublicensee to let to renters the hangar units. The renting of hangars shall cease and terminate upon the termination of this Sublease or transfer of a majority of stockholdership from Ken Rutter to any other person, persons (except his Wife, children and /or Grandchildren, or any combination thereof), firm or corporation, at such time hangar use by Sublicensee shall be limited to Sublicensee's own aircraft only and /or aircraft actively being maintained by Sublicensee in accordance with Sublicensee's aircraft maintenance business, and then in no event shall any aircraft not owned by Sublicensee be permitted in any such hangar for more than 45 days. 11. With reference to tie downs (Ramp Services), the Sublicensee is hereby granted a bare license to rent same to others on an interim temporary basis. The renting of tie downs (Ramp Space) shall cease and terminate upon 30 days' written notice by Licensor to Sublicensee, at which time said tie downs (Ramp Space) shall thereafter be limited for use by Sublicensee's own aircraft only and /or aircraft being actively maintained by Sublicensee in accordance with Sublicensee's Aircraft Maintenance MI: 1511'] ' Business. In no event shall aircraft not owned by Sublicensee remain on Sublicensee's tie -down (ramp) area for more than 45 days. 12. With reference to aviation fuel, Sublicensee shall be permitted to sell aviation fuel on an interim temporary basis. Providing aviation fuel sales shall cease and terminate upon 30 days' written notice by Licensor to Sublicensee, at such time fueling operations shall be limited to Licensee's own aircraft only. The dispensing of fuel shall be subject to an agreement for the operation of a Fuel Farm that is expressly approved and executed by the parties hereto. The full execution of said "agreement for the operation of a Fuel Farm" is a prerequisite for engaging in fueling operations. 13. With reference to cropdusting, Sublicensee shall be permitted to operate a chemical farm and dispense appropriate chemicals into Sublicensee's own aircraft subject to an agreement for the operation of a chemical farm. The full execution of said "Agreement" for the operation of a chemical farm is a prerequisite for engaging in chemical farm operations. C. Minimum General Aviation Commercial Services To Be Provided By Sublicensee: As part of the consideration hereunder, Sublicensee shall provide, at a minimum, the following services: I. Maintenance service to aircraft and aircraft accessories with a qualified airframe and power plant mechanic on duty eight (8) hours a day, five (5) days a week, except official holidays. 2. Maintenance of adequate inventory of the necessary aircraft parts and accessories to maintain, repair, and service general aviation aircraft. ARTICLE III RENT AND FEES A. Sublicensee shall oav to Licensor the following Rent and Fees: -6- LIZ) r 1. Annual Commercial Operating privilege fees as follows: A. Crop Dusting - $25.00 B. Aircraft Maintenance - $25.00 �(�•� C. Fire Fighting Patrol - $25.00 S 1v —D-.- Glider- Operations'- -$25 00 �`�• v� •E: -- Aircraft - Sales - $g5- ,0.g_P r- Aircraft -Sold- F. Aircraft Restoration -$2 i 080 v O G. Hangar Rental - $3 .00"L$25 00 ' ($25.00 per unit x X units)) 2. A Minimum Annual Sublease rental fee of $2,275.50 based on .015 per square foot for 148.500 square feet of the Subleased Premises as shown on Exhibit A, attached hereto and made a part hereof. B. Without waiving any other remedy available to Licensor in the event of default in payment of fees or rent hereunder, if the Sublicensee is delinquent for a period of thirty (30) days or more in paying to Licensor any fee or rent payable to Licensor pursuant to this Agreement, Sublicensee shall pay to Licensor interest thereon at the rate of fifteen (15 %) percent simple interest per annum from the date such item was due and payable until paid. This late payment fee in no way is a limiter on any other remedy available to Licensor. C. The payments from Sublicensee to Licensor on all of the sums of money identified in paragraph A, above, shall be made as follows: 1. Annual Commercial Operating Privilege Fees, on or before August 1 of each year, as adjusted annually per paragraph G, below. 2. Annual Sublease rent shall be paid in equal monthly installments in advance without demand on the first day of each month, as annually adjusted per paragraph H, below. 3. Payments of all rent and fees are to be paid in lawful money of the United States of America. E. Licensor may fully audit Sublicensee's books and records and receipts at any time for the purpose of verifying any terms agreed to hereunder. If, as a result of such audit, it is -7- 1 -�l * 11" 1 established that Sublicensee has violated any provisions agreed to herein, this Agreement may be terminated immediately thereafter. G. Adjustment of Annual Commercial Operating Privilege Fees All Privilege Fees shall be annually adjusted in accordance with the Authority's Leasing Policy and it's annually adjusted rates and charges provisions. When the Authority adjusts these in January the Sublicensee is not expected to pay the adjustment fees until the following August 1st. H. Adjustment of Annual Rent The annual sublease rent shall be annually adjusted in accordance with the twelve (12) month percent change in the U.S. Department of Labor Bureau of Labor Statistics (the month prior to contract commencement date) report South Urban Size C Consumer Price Index Urban Wage Earners (CPI -U) 1982 -84 base. Said annual adjustment shall be effective beginning August 1, 1994 and on the anniversary date of every year throughout the term of this Agreement, to be computed in accordance with the attached CPI work sheet identified as Exhibit "B" attached hereto and made a part hereof. Each annual adjustment must reflect either the then current rental rate or the above referenced CPI -U percent change, whichever is greater. When revisions to the structure of the reported CPI occur as reported by the U.S. Department of Labor Bureau of Labor Statistics including, but not limited to, a new base year, the Authority may at its sole option apply the revised structure. The base index is Date September 1994. Sublicensee is responsible for payment consistent with this paragraph without demand. Sixty days prior to the end of the first five years, Licensor may at its option appraise the land value consistent with the then established Leasing Policy and apply the appraisal value, CPI, or then current rent, whichever is greater, beginning August 1, 1999. -8- ARTICLE IV SUBLEASED PREMISES A. Nothing in this Agreement shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act, (1958). B. The Licensee shall have the exclusive use, during the term of this Agreement, of only that land area identified as the Subleased Premises on Exhibit A, attached hereto and made a part hereof. ARTICLE V OBLIGATIONS OF LICENSOR Licensor Covenants and Agrees: A. It has jurisdiction and control over the Sublicensed Premises and full right and authority to license the same as herein set forth, and that all things have happened and been done to make its granting of said license effective, and Licensor warrants to the Licensee peaceful possession and quiet enjoyment of the Subleased Premises during the term hereof upon faithful performance of Licensee's covenants herein. B. That during the term hereof to operate and maintain the Airport and its public facilities as a public airport. C. That it does not assume any responsibility for maintenance, upkeep, or repair to keep the Subleased Premises in a safe and serviceable condition, except to the extent, if any, specifically provided for under this Agreement. D. That it shall maintain electrical utility service to those areas of the Airport not under sublease to Sublicensee including, but not necessarily limited to, runway lights; runway navigational lights, rotating beacon, windsock, and taxiway lights. -9- 1611 ARTICLE VI j OBLIGATIONS OF SUBLICENSEE Sublicensee Covenants and Agrees as follows: A. The use and occupancy of the Subleased Premises by the Sublicensee shall be without cost or expense to the Licensor. Licensor is not obligated to furnish any utility services, such as septic system, electricity, wastewater, water or gas to the Sublicensee or any other person or entity. Sublicensee shall be responsible for maintaining and furnishing water and all other Utility services to the Subleased Premises. Sublicensee shall pay all charges for providing utility services and for any meters for measuring such service. Sublicensee shall provide adequate utility services to the Subleased Premises as determined by Licensor. If it become necessary to make changes upon the Subleased Premises, such as, for example, wiring or similar installations, Sublicensee will promptly make such changes and installations at its expense as directed and required by the respective utility company and /or by the Authority. B. Sublicensee shall at its own expense maintain the improvements and appurtenances thereto in a presentable condition consistent with good business practice, and will procure and keep in force during the term of this Agreement all necessary occupational licenses and permits as are required by law or ordinance for the operation of each of Sublicensee's business activities on the Subleased Premises. C. Sublicensee shall cause to be removed at its own expense from the Subleased Premises all waste, garbage and rubbish, and shall not deposit same on any part of the Airport; except Sublicensee may deposit same temporarily on the Subleased Premises in connection with established collection or removal of all such items. D. Sublicensee shall save the Authority (Licensor) and Collier County harmless from any and all costs or charges for utility services furnished to or available to Sublicensee and -10- Il from all other expenses of Licensor as may be incurred in the , operation and maintenance of the Subleased Premises. E. Sublicensee shall maintain the Subleased Premises in an attractive manner, keep said Premises mowed and groomed, and shall not allow the accumulation of materials, parts, etc., on such premises. F. Sublicensee will not suffer or permit to be maintained upon any improvements on the Subleased Premises any billboards or signs except those which may be specifically approved in writing by Licensor. G. Sublicensee accepts the Subleased Premises "as is" in their present condition and, without expense to Licensor, will repair and maintain the Subleased Premises and installations thereon and remove or cause to be removed debris from the surrounding ground to the extent Licensor may require. H. Sublicensee and its patrons, invitees, and all others shall pay the field use charges as may be levied generally by the Licensor directly upon the operation of aircraft, including fuel flowage fees. I. Sublicensee shall conduct its business in a proper and first -class manner at all times and shall operate in harmony with all others on the Airport and will at all times operate with safety and with concern for others. J. Sublicensee will at all times furnish good, courteous, prompt, and efficient aviation commercial services that are fully adequate to meet the reasonable demands for such services at the Airport, and to furnish said services on a fair, equal, and non - discriminatory basis to all customers thereof; Sublicensee shall charge fair, reasonable and non - discriminatory rent and prices for each unit of sale or service. K. Sublicensee will pay rent and all other charges to the Authority and to the County of Collier at such times and places as the same are due and payable. -11- 1611 L. Sublicensee will pay all charges for water, gas, electric power, and sewerage service available to and /or consumed on the Subleased Premises during the term of this Agreement, at the regularly established rates as may change from time -to -time. M. Sublicensee shall surrender the Subleased Premises upon the expiration of this Agreement in the condition in which they are required to be kept. N. Sublicensee will observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, rules, regulations, and standards applicable to Licensee, including, but not limited to, rules and regulations promulgated from time -to -time by or at the direction of Licensor. O. Sublicensee will pay all taxes assessed or imposed by any governmental authority, including Collier County, upon the Sublease or upon the building or other improvements erected or installed on the Subleased Premises. Sublicensee may contest such taxes; however and Sublicensee shall do all that is necessary to prevent a tax lien or tax certificate from being placed on the Subleased Premises or the leasehold estate during such contest, or otherwise. P. Sublicensee will comply with all laws of the United States of America, of the State of Florida, of County of Collier, including ordinances, zoning regulations and all other requirements of the Authority /Licensor. Q. Sublicensee shall use the Subleased Premises only for the uses hereinbefore described in Article I, unless it receives prior express written consent of Licensor to use the premises for such other purpose(s), by amendment to this agreement. R. Sublicensee shall allow Licensor free access to the Subleased Premises at all reasonable times for the purpose of examining same to investigate whether all provisions of this Agreement are being done and performed by Sublicensee. Licensor shall have the right to enter any building or structure on the -12- Subleased Premises at any time in the event of an emergency. The determination of an emergency shall be at the sole discretion of Licensor. S. At the termination of this Agreement by lapse of time or otherwise, Sublicensee shall yield up and surrender immediate Possession of the Subleased Premises to Licensor; upon failure to do so Sublicensee shall thereafter automatically be a tenant at sufferance. This Agreement shall not be construed as a waiver by Licensor of any right of re -entry as has been hereinbefore provided, nor shall the receipt of rent of any part of rent and /or any other act(s) in apparent affirmance of the tenancy operate as a waiver of Licensor's rights to declare this Agreement terminated. The term hereby granted shall be at an end for the period remaining still unexpired by reason of any subsequent breach of any provision herein contained. T. Licensor shall have a specific lien on all merchandise and property of Sublicensee, including goods, chattels, fixtures, inventory and equipment of Sublicensee brought upon the Subleased Premises at any time. The lien shall be security for the payment of rent and the performance of any obligation of Sublicensee, which specific lien shall be in addition to any other landlord's lien as is now or may hereafter provided for under the laws of the State of Florida. Any such lien may be foreclosed in equity in the same manner as a mortgage lien. U. Sublicensee will not construct any building or structure more than twenty (20) feet in height, or allow any object of natural growth to exceed such a height. In addition, Sublicensee shall not otherwise be in violation of the height limitations or restrictions now in effect or from time -to -time made and enacted by Licensor, the United States of America, the State of Florida, or the County of Collier. Sublicensee shall.not allow any installation or operation, including any electronic device, which in any way interferes with the safe conduct of the flight of aircraft at or near the Airport. Sublicensee shall make no use of the Airport which in any way interferes with the safe conduct -13- of the Airport or any aircraft operation. Licensor will make all determinations as to whether or not such interference does or might exist in the use or occupation of the said Area at or near the Airport. V. The Subleased Premises are in a location near which aircraft will operate at low altitudes. Sublicensee hereby waives any claims, demands, losses, damages, liabilities, or causes of action of every kind, character, or nature which it has or may have against Licensor and /or Collier County by virtue of said aircraft, flying over, landing or taking off from, or otherwise using the Airport, including noise, vibration, fallout, or other thing in connection therewith. ARTICLE VII SUBLICENSEE'S IMPROVEMENTS A. Acceptance of Premises Sublicensee accepts the Subleased Premises in their present condition "as is" subject to and including all defects, latent and patent, and, without expense to Licensor, shall repair and maintain any installations thereon and remove or cause to be removed any debris, buildings, or improvements to the extent required for Sublicensee's use thereof or as otherwise required by Licensor. B. Existing improvements include the following five structures: 1. Five (5) unit T- hangars without doors (Hangar A) 2. Bulk storage hangar withou doors (Hangar B) 3. Fuel Farm CChemical Farm — 5. Office Trailer 6. Future five (5) unit T- hangar without doors (Hangar C) C. Minimum Improvements to be Made by Sublicensee -14- �1 of the Airport or any aircraft operation. Licensor will make all determinations as to whether or not such interference does or might exist in the use or occupation of the said Area at or near the Airport. V. The Subleased Premises are in a location near which aircraft will operate at low altitudes. Sublicensee hereby waives any claims, demands, losses, damages, liabilities, or causes of action of every kind, character, or nature which it has or may have against Licensor and /or Collier County by virtue of said aircraft, flying over, landing or taking off from, or otherwise using the Airport, including noise, vibration, fallout, or other thing in connection therewith. ARTICLE VII SUBLICENSEE'S IMPROVEMENTS A. Acceptance of Premises Sublicensee accepts the Subleased Premises in their present condition "as is" subject to and including all defects, latent and patent, and, without expense to Licensor, shall repair and maintain any installations thereon and remove or cause to be removed any debris, buildings, or improvements to the extent required for Sublicensee's use thereof or as otherwise required by Licensor. B. Existing improvements include the following five structures: 1. Five (5) unit T- hangars without doors (Hangar A) 2. Bulk storage hangar withou doors (Hangar B) 3. Fuel Farm CChemical Farm — 5. Office Trailer 6. Future five (5) unit T- hangar without doors (Hangar C) C. Minimum Improvements to be Made by Sublicensee -14- Maintain all im b 1 1 1 provements to codes and in decent, safe, nd sanitary conditions throughout the entire term of this agreement. Construct five (5) unit T- hangars (Hangar C) within twelve months from date of this Agreement or else all references in this Agreement to (Hangar C) shall be terminated. D. Alterations Future Improvements, and Repairs During the term hereof, Sublicensee shall have the right, subject to approval of Licensor and Collier County permitting Procedures and process, to install or erect additional, structural and other improvements on the Subleased Premises, or to alter, change or make other improvements in the Subleased Premises; provided, however, that improvements do not conflict with the current use and future development of the Airport and that all such alterations or improvements shall be commenced only after proper plans and specifications thereof have been submitted to and approved in writing by Licensor and Collier County through the permitting process, and Sublicensee has obtained a Collier County Airport Authority authorization to commence work. ARTICLE VIII MAINTENANCE A. This Agreement in every sense shall be without cost to the Licensor for the development, maintenance and improvement of the Subleased Premises or any part thereof. All improvements and facilities placed thereon shall be maintained by Sublicensee at no cost or expense to the Authority or Collier County. B. All costs and expenses set forth in this section are in addition to the rent and fees to be paid for the Subleased Premises or any part thereof. 1. Sublicensee shall, without cost to Licensor, maintain the Subleased Premises and every part thereof in good appearance, repair, and safe condition, consistent with good business practice. Sublicensee shall repair all damage to the Subleased Premises caused by its employees, patrons, invitees, permitees, -15- 16111"1 contractors, labors, suppliers, etc., or its operation thereon; and shall maintain and repair all improvements thereon including drainage installations, paving, curbs, islands, buildings and all other improvements. All such maintenance, repairs, and replacements shall be of quality equal to the original in materials and workmanship, and all exterior paint colors shall be submitted to and approved in writing by Licensor prior to application. 2. Licensor shall be the sole judge of the quality of maintenance. Licensor or its designee(s) may at any reasonable times, without prior notice, enter upon and into the Subleased Premises and any part thereof to determine if maintenance is satisfactory to Licensor. If it is decided by Licensor's designee that maintenance is not satisfactory, Licensor shall notify Sublicensee in writing of the required changes and /or corrections. If said required changes and /or corrections are not performed by Sublicensee within fifteen (15) days or other longer specified time after receipt of written notice, Licensor or its agents may perform such maintenance, and Sublicensee agrees to promptly reimburse Licensor for the cost thereof, plus an additional ten percent (100) thereof to pay for administrative overhead. ARTICLE IX ASSIGNMENT AND SUBLETTING The operations of the Sublicensee hereunder are in the performance of functions which are in the public interest and in furtherance of general aviation activities at the Airport. Licensor is endeavoring to provide to the public the highest possible level of general aviation services and facilities. It is, therefore, necessary that Sublicensee's operations be subject to continuing scrutiny by Licensor, and that Sublicensee always operate at the Airport in a businesslike fashion, efficiently and 0V= 6 11 with courtesy to the public. For these reasons the following 4""1 � shall apply: A. Licensor retains total control and sole discretion over any assignment or any method of changing or delivering to others any of the functions to be performed by Sublicensee hereunder, and any such assignment must have prior specific written approval of Licensor. B. Sublicensee may not sell, assign or transfer this Agreement or any part hereof. Any attempts to do so shall be void. Licensor must approve in writing the managing officers and the chief executive officers of the Sublicensee. No voting stock of the Sublicensee can be assigned to any person or persons, firm + or corporation, without the express prior written consent and approval of the Licensor, which consent shall not be unreasonably withheld.- At all times during this Agreement Ken Rutter shall own not less than fifty -one (51 %) percent of the numerical financial interest in all assets of the Sublicensee's corporation and /or controlling interest herein. C. Licensor has the right to review and approve the manager who runs the day -to -day operations of the facilities of the Sublicensee. If Licensor becomes dissatisfied with said manager's performance, Licensor shall so notify Sublicensee in writing and Sublicensee shall remedy any problems identified by Licensor, including but not limited to possible replacement of l said manager with a new manager acceptable to Licensor within Jrr thirty (30) days of notification of dissatisfaction of said 1 mans er's g performance. D. Sublicensee may sub - sublease part of the premises or improvements thereon, but any such sub - sublease must be approved first by Licensor and may only be for specifically approved airport purposes allowed in the sublease approval process or any aviation business so approved and in connection with aviation uses being conducted on the Subleased Premises by Sublicensee. No sub - sublease shall in any way expand any use. -17- ARTICLE X SURRENDER OF PREMISES A. In the event that under the laws of the United States and /or the State of Florida, the interest of the Licensor in the Subleased Premises shall cease, Licensor shall not be liable for any damage whatsoever to the Sublicensee beyond the amount of rent reserved in this Agreement for the period of time that the Sublicensee shall be deprived of the use and occupancy of the Subleased Premises; moreover Licensor shall not incur any liability by reason of the happening of any such event beyond the loss of rent while the Sublicensee is deprived of the use and occupancy of the Subleased Premises or any part thereof. B. The Subleased Premises shall be vacated, surrendered up and delivered to the Licensor at the expiration of the term of this Agreement, or at any other date that the Agreement may be terminated by reason of any provision of this Agreement or otherwise, in good condition, and in the same state of repair and condition of the buildings at the original commencement date of the first (original) lease between Sublicensee and the County of Collier. ARTICLE XI INDEMNIFICATION AND INSURANCE A. Sublicensee agrees to indemnify fully and save and hold harmless Collier County, Licensor, and their officers, agents, and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind or character and nature as well as costs and fees, including reasonable attorneys fees connected therewith including any and all appeals, and the expense of the investigation thereof, based upon or arising out of damages or injuries to any and all third persons or their property. Licensor shall give Sublicensee prompt and reasonable -18- lb►1'� ' notice of any such claim or action Licensee shall have the right to investigate, compromise, and defend the same to the extent of its own interest. B. During the life of the Agreement, Sublicensee shall provide, pay for, and maintain, with companies satisfactory to the Licensor, the types of insurance described herein. All insurance shall be from responsible companies duly authorized to conduct said insurance in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. All liability policies shall provide that Licensor and the County of Collier as additional insureds as to the operations of the Sublicensee under this Agreement and shall also provide the Severability of Interest Provision. Prior to execution of this Agreement by Licensor, the insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Licensor. The Certificate must be personally and ' manually signed by the authorized representative of the insurance company shown in the Certificate with proof that he /she is an authorized to execute same. In addition, certified, true, and exact copies of all required insurance policies shall be provided to Licensor on a timely basis, if required by Licensor. Thirty (30) days, written notice by registered or certified mail shall be given to the Authority's /Licensors Executive Director of any cancellation, intent not to renew, or reduction in the policy,s coverages, except in the application of the Aggregate Limits Provisions. In event of any reduction of any Aggregate Limit, Sublicensee shall immediately take whatever steps are needed to have the prior aggregate limit reinstated. All insurance coverages of Sublicensee shall be primary to any insurance or self- insurance program carried by the Licensor of the County of Collier. The acceptance of and delivery to Licensor of any Certificate of Insurance evidencing the insurance coverages and limits required in the Agreement does not constitute approval or agreement by Licensor that these insurance requirements have been -19- 1 �- , met or that the insurance policies shown `*' in the Certif a e f Insurance are in compliance with these requirements. No operations shall commence at the site unless and until the required Certificates of Insurance under this Agreement are in effect and are physically delivered and approved by the Authority. The insurance coverages and limits required of the Sublicensee under this Agreement are designed to meet the minimum requirements of Licensor. The insurance coverage and limits required of Sublicensee under this Agreement are designed to meet the minimum requirements of the Authority. They are not designed as a recommended insurance program for the Sublicensee. The Sublicensee alone shall be responsible for the sufficiency of its own insurance program. Should the Sublicensee have any questions concerning its exposures to loss under this Agreement or the possible insurance coverages needed therefore, it should seek professional assistance. If any general liability insurance Policy required herein is to be issued or renewed on a "claims made" basis or form, as distinguished from a "occurrence" basis or form, the retroactive date for coverage shall be no later than the initial commencement date of this Agreement and shall provide that in the event of cancellation or non - renewal, the discovery period for insurance claims (tail coverage) shall be unlimited. Sublicensee, without expense to Licensor, shall obtain and cause to be kept in force at all times during the term of this Agreement liability insurance issued by a company or companies acceptable to Licensor for the following types and minimum amounts of coverage: 1. Workers' Compensation and Em to ees' Liabilit Insurance shall be maintained by the Sublicensee for all employees in accordance with the laws of the State of Florida. The limits of coverage shall not be less than: Workers' Compensation - Florida Statutory Requirements. -20- 1 �E1 Employers' Liability - $100,000 Limit Each Accident. $500,000 Limit Disease Aggregate. $100,000 Limit Disease Each Employee. 2. Aircraft Liability Insurance Bodily Injury and Property Damage Liability - $500,000 Combined Single Limit Each Occurrence. 3. General Liability Insurance shall always be maintained by the Sublicensee to cover its operations under this Agreement, including, but not limited to, personal injury, contractual for this contract, and broad form property damage coverage. The limit of coverage shall not be less than: Bodily Injury and Property Damage Liability - $1,000,000 Combined Single Limit Each Occurrence. 4. Automobile Liability Insurance shall be maintained by the Sublicensee as to the ownership, maintenance, and use of all owned, non - owned, leased, or hired vehicles with limits of not less than: Bodily Injury and Property Damage Liability - $1,000,000 Combined Single Limit Each Occurrence. 5. Hancrarkeeoer's Leqal Liability Insurance shall be maintained by the Sublicensee with a limit of not less than: $100,000 Limit Each Aircraft. $200,000 Limit Each Occurrence All Aircraft. 6. Pollution Liability Insurance $1,000,000 Combined Single Limit Each Occurrence. C. The above insurance, other than Workers, Compensation and Employers' Liability Insurance, shall exclude Licensor's Insurance and insurance of the County of Collier, shall include Licensor and the County of Collier as additional insureds under -21- Policies � 1611 the p icies as to the operations of the Sublicensee under this Agreement. The naming of the Licensor and the County of Collier as additional insureds in such policies of liability insurance shall not thereby cause the Licensor or the County of Collier to be deemed a partner or joint venturer with the Sublicensee regarding its business conducted on the Airport or otherwise. D. Said policies of insurance shall be performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. ARTICLE XII CONCESSIONS EXCLUDED It is specifically agreed and stipulated that the following concessions and the establishment thereof are excluded from this Agreement, to -wit: 1. Food sales. 2. News and sundry sales. 3. Advertising concessions. 4. Car rental. 5. Sale of non - aviation products. 6. Provision or supply of any other product or service not specifically identified as authorized in this agreement. ARTICLE XIII CONTRACTS TO OTHERS There is no restriction or limitation on Licensor's subleasing or renting of land and /or hangars for aviation purposes or for industrial operations on terms different from those set forth herein. Licensor may also sublease or rent land, buildings and other improvements to other persons, firms, corporations, partnerships or other entities conducting specialized aviation related businesses, including but not -22- 1611 ') .11 limited to the following: crop dusting, aircraft radio shops, instrument shops, propeller shops, engine overhaul shops, paint shops, aircraft maintenance, fire fighting control, glider operations, aircraft restoring, sale of aircraft and /or associated hangars, and any other use authorized to Sublicensee by this Agreement and as may be amended hereafter. ARTICLE XIV VENDING MACHINES Prior written approval from Licensor is required before Sublicensee is permitted to furnish and operate vending machines. Licensor has the right to control the scope, extent, duration, (but not location) of any such machines if approval is given. ARTICLE XV TRADE FIXTURES Sublicensee shall, without cost to Licensor, furnish and install all furniture, fixtures, draperies and equipment necessary to conduct its operation in a reasonable manner; the same are referred to herein as "Trade Fixtures ". All Trade Fixtures shall be of high quality, safe, fire resistant, and attractive in appearance and may require specific written approval of the Licensor prior to installation, which written approval shall not be unreasonably withheld. Sublicensee shall have the right to grant security interests, liens or encumbrances against the said Trade Fixtures as needed to purchase same. ARTICLE XVI GOVERNMENT INCLUSION A. The Subleased Premises and the Airport are subject to the terms of those certain Assurances made to the Government of the United States to guarantee the public use of the Airport as -23- X11 incidental to existing or future grant agreements as amended / between Licensor and the United States of America, Licensor has no reason to believe that any provision of this Agreement violates any of the provisions of such Assurance Agreements. B. Nothing contained in this Agreement is intended to or shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958. C. It is further covenanted and agreed that Licensor reserves the right to further develop and /or improve the Airport and all landing areas and taxiways as it may see fit, regardless of the desires or views of the Sublicensee and without interference or hindrance; provided, however, that such development or improvement does not unreasonably adversely affect Sublicensee's use and occupancy of the subleased Premises under this Agreement. D. This Agreement is and shall be subordinate to the provisions of any existing or future agreement between Licensor Collier County and /or the United States of America, its Boards, Agencies, or Commissions relative to the operations or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds on the development of the Airport or otherwise, and this Agreement is and will probably always be subordinate to the license or permit of entry which may be granted by the Secretary of Defense of the United States. E. Sublicensee for itself, its successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (1) no person on the grounds of race, color, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Subleased Premises, that (2) in the construction of any improvements on, over or under said Premises and the furnishing of services thereon, no person on the grounds of race, color, sex, or national origin -24- 1611 shall be excluded from participation in, denied the benefits of, i or otherwise be subjected to discrimination; and that (3) Sublicensee shall use said premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally- assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended from time -to -time. F. In the event of breach of any of the above non - discrimination covenants, Licensor shall have the immediate right to re -enter said Premises and said Premises shall thereupon revert to and vest in and become the absolute property of Licensor or Licensor's assigns. This provision shall not be finally effective until the procedures of Title 49, Code of the Federal Regulations, Part 21, at the election of Sublicensee, are followed and completed, including exercise or expiration of appeal rights. G. To the extent applicable to Sublicensee, the Sublicensee will undertake action as required by 14 CFR Part 152, Subpart E, if necessary to insure that no person shall on the grounds of race, creed, color, national origin or sex, be excluded from Participating in any employment activities covered in 14 CFR Part 152, Subpart E. Sublicensee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by said subpart. Sublicensee will require that its covered suborganizations, if any, shall provide assurances to Sublicensee that they similarly will undertake required action and that they will require assurances from their suborganizations, if any as required by 14 CRF Part 152, Subpart E, to the same effect. H. If and when the Federal Aviation Administration, or its successor, requires modifications or changes in the Agreement as a condition to granting of funds for any improvements of the Airport, Sublicensee hereby consents to such amendments, -25- b modifications, revisions, supplements or deletions of any provision(s) of this Agreement as may be reasonably required to obtain such funds; provided, however, Sublicensee does not agree to an increase in the rent provided for hereunder or to a change in any use(s) (authorized use hereunder) to which Sublicensee has then actually put the Subleased Premises, or to a forced reduction in the size of the Subleased Premises. ARTICLE XVII RULES AND REGULATIONS Sublicensee shall observe and obey all rules and regulations not conflicting with any provision and purpose of this Agreement as may now exist or may be promulgated from time -to -time by Licensor; Licensor agrees that any rules and regulations so promulgated and as applied to Sublicensee shall not be inconsistent with any constitution, law, rule, or regulation of the State of Florida or the United States of America, or any agency thereof having jurisdiction in the premises. ARTICLE XVIII TITLE TO IMPROVEMENTS Title to all improvements constructed or installed on the Subleased Premises by or on behalf of the Sublicensee shall at all times during the term of said Agreement remain in the Sublicensee. Upon termination of this Agreement by any means all improvements shall remain the property of Sublicensee and Sublicensee shall remove all improvements and restore the ground to its originan unimproved condition as of the date of original lease of the Subleased Premises from Collier County to Subessee in the month of of 19_, unless the parties hereto mutually agree otherwise in writing. -26- ARTICLE XIX EARLY TERMINATION AND RELETTING Should there occur an early termination of this agreement pursuant to the terms hereof, licensor shall have the right to re -enter the Subleased Premises, make repairs necessary, and relet the Subleased Premises or any part thereof for the remainder of the term hereof, and receive any rent therefore. In the event of such early termination, Sublicensee shall remain liable to Licensor for the full amount of said total rent for the entire term and shall continue to pay said monthly rentals and all fees (see Article V) or such part thereof that remain unpaid after the application of all rents and fees collected by Licensor from reletting the Subleased Premises or any part thereof. Sublicensee shall remain liable for and shall make such payments whether the Subleased Premises remain vacant or shall have been relet, in whole or in part. ARTICLE XX NOTICE OF TERMINATION If any breach of this Agreement by Sublicensee shall occur and after due notice of termination from the Authority to Sublicensee, and Sublicensee failed to cure or correct same if curable or correctable, the Authority may, at any time thereafter during the continuance of said default, terminate this Agreement by written notice to Sublicensee, such cancellation and termination to be effective upon the date specified in such notice. In the event of any breach, Licensor shall give Sublicensee notice in writing to correct any such breach, and if such breach shall continue for thirty (30) days after the receipt of such notice to Sublicensee, Licensor may, after the lapse of said thirty (30) day period, cancel this Agreement without -27- 1 6 forfeiture, waiver or release of Licensor's rights to any sum of money due or to become due under any provision of this Agreement or otherwise. ARTICLE XXI NON- WAIVER OF RIGHTS Continued performance by either party hereto pursuant to any provision of this Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of any subsequent default. ARTICLE XXII SURRENDER OF POSSESSION In addition to Article X herein, Sublicensee agrees to yield and deliver to Licensor possession of the Subleased Premises herein at the termination of this Agreement, by expiration or otherwise, or of any renewal or extension hereof, in good condition in accordance with its express or implied obligations hereunder, except for ordinary wear and tear. Sublicensee shall have the right, within ninety (90) days after the termination hereof, to remove all of its Trade Fixtures and equipment installed or placed by it at its own expense in, on or about the Subleased Premises, subject, however, to any lien which Licensor may have thereon for unpaid rents, fees or because of any other breach of any provision of this Agreement by Sublicensee, such as failure to properly maintain, in which event Licensor shall have the right to immediate possession. -28- ARTICLE XXIII INSPECTION OF PREMISES 16►1'll Licensor or its duly authorized representatives, agents, and other persons for it, may enter upon said Subleased Premises at any and all reasonable times during the term of this Agreement for the purpose of determining whether or not Licensee is complying with all provisions hereof, or for any other purpose incidental to rights or interest of Licensor. ARTICLE XXIV HOLDING OVER Should Sublicensee hold over said premises after this Agreement has been terminated in any manner, by such holding over Sublicensee shall be a tenant at sufferance and at a rental to be fixed by Licensor, payable in advance, but otherwise on the same provisions as herein provided. ARTICLE XXV NO LIENS Sublicensee shall pay for all labor done or materials and /or supplies furnished in the repair, replacement, development, or improvement of the Subleased Premises by Sublicensee, and shall keep said Premises and all Sublicensee's interests therein free and clear of any lien or encumbrance of any kind whatsoever created by Sublicensee's act(s) or omission(s). ARTICLE XXVI HAZARDOUS SUBSTANCES Except as consistent with the usual practices of the proposed operation and subject to the requirements of the County of Collier, no tangible property shall be kept, stored or sold in or -29- on the Subleased Premises or otherwise on the airport which are l explosive or hazardous; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. ARTICLE XXVII WAIVERS No waiver by Licensor at any time of any provision of this Agreement, or noncompliance therewith, shall be deemed or taken as a waiver at any time thereafter of the same or any other provision herein contained, nor of the strict and prompt performance thereof by Sublicensee. No delay, failure, or omission of Licensor to re -enter the Subleased Premises or to exercise any right, power, privilege, or option arising from any default nor subsequent acceptance of rent then or thereafter accrued, shall impair any such right, power, privilege, or option or be construed to be a waiver of any such default or relinquishment thereof, or acquiescence therein. No notice by Licensor shall be required to restore or revive time as of the essence hereof after waiver by Licensor or default in one or more instances. No option, right, power, remedy, or privilege of Licensor shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, power, options, or remedies given to Licensor by this Agreement are cumulative and no one of them shall be exclusive of the other or exclusive of any remedies provided by law or equity, and that the exercise of one right, power, option, or remedy by Licensor shall not impair its rights to any other right, power, option, or remedy. ARTICLE XXVIII AGENT FOR SERVICE OF PROCESS It is expressly agreed and understood that if Sublicensee is ever not a resident of the State of Florida, or is ever an -30- association or partnership without a member or partner resident of Florida, or is a foreign corporation, then in any such event Sublicensee does automatically designate the Secretary of State of the State of Florida, as its agent for the purpose of service of process in any court action between it and Licensor and /or Collier County arising out of or based upon this Agreement, and the service shall be made as provided by the laws of the State of Florida for service upon a non - resident. It is further expressly agreed, covenanted, and stipulated that if for any reason service of such process is not possible, and as an alternative method of service of process, Sublicensee may be personally served with such process out of this State, by the registered mailing of such complaint and process to Sublicensee at the address set out hereafter in this Agreement and that such service shall constitute valid service upon Sublicensee as of the date of mailing and Sublicensee shall have thirty (30) days from date of mailing to respond thereto. It is further expressly agreed that Sublicensee is amenable to and hereby agrees to the process so served, submits to the jurisdiction and waives any and all obligation and protest thereto, any laws to the contrary notwithstanding. ARTICLE XXIX WAIVER OF CLAIMS Sublicensee hereby waives all claims against the Licensor, County of Collier, and the State of Florida, and their officers, agents, or employees for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void, or voidable, or delaying the same, or any part hereof, from being carried out. -31- ARTICLE XXX 1611 HEADINGS _ The article and paragraph headings throughout this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision of this Agreement. ARTICLE XXIII CONSTRUCTION AND SAVINGS This Agreement shall be construed in accordance with the laws of the State of Florida. If any provision contained in this Agreement is held to be invalid by any court of competent jurisdiction or otherwise appears to Sublicensee and Licensor to be invalid, such invalidity shall not affect the validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of any such provision does not materially prejudice either Licensor or Sublicensee in its respective rights and obligations contained in the remaining valid provisions of this Agreement. Wherever approval or consent of Licensor or Sublicensee is required under this Agreement such shall not be unreasonably withheld, nor shall Licensor or Sublicensee impose unreasonable conditions to such approval or consent. ARTICLE XXXII LAND RADIATION EMISSION STANDARDS In accordance with Chapter 88 -285, Florida Statutes, the following notification as it pertains to radon gas and the leasing of building is hereby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and /or state guidelines have been found in some buildings in Florida. Additional information -32- regarding adon g and radon testing may obtained from the Collier County public unit. ARTICLE XXXIII NOTICES All notices provided for in this Agreement shall be in writing. Any notice permitted or required to be served upon Sublicensee may be served upon it at: Airworks Enterprises of Airworks Enterprises of Florida, Inc. Florida, Inc. P.O. Box 5100 and/or C.R. 846 Immokalee, FL 33934 Immokalee, FL 33934 provided, however, that if Sublicensee shall give notice in writing to Licensor of any change in either or both of said addresses, then and in such event such notice shall be given to Sublicensee at the substituted address. Any notice permitted or required to be served upon Licensor may be served upon it at: Collier County Airport Authority 2800 N. Horseshoe Drive Naples, FL 33924 Attention: Executive Director provided, however, that if Licensor shall give notice in writing to Sublicensee of any change in said address, then in such event such notice shall be given to Licensor at such substituted address. Any notice served by mail may be by registered mail, certified mail, or regular mail. ARTICLE XXXIV CANCELLATION A. Cancellation by Sublicensee Sublicensee may cancel this Agreement and terminate all of its obligations hereunder upon sixty (60) days' advance written notice, except as hereinafter provided, upon or after the happening of one or more of the following events and provided -33- 111' Sublicensee is not then in default in maintenance or in the payment of any fees or charges to Licensor: 1. The permanent and total abandonment of the Airport by the Authority or its successor in function. 2. The inability of Sublicensee to use the Airport for a period of ninety (90) days because of the issuance of any order, rule, or regulation by any competent governmental authority or court having jurisdiction over Sublicensee or Licensor, preventing Sublicensee from operating all of its operations; provided, however, that such inability or such order, rule, or regulation is not due to any fault of Sublicensee; or 3. The inability of Sublicensee to totally use the Airport for a period of longer than sixty (60) consecutive days due to any war, earthquake or other casualty beyond control of Sublicensee. B. Cancellation by Licensor. Unless prohibited by law, Licensor may cancel this Agreement and terminate all of its obligations hereunder at any time that Licensor is not in default, upon or after the happening of any of the following events: 1. Sublicensee shall file a voluntary petition in bankruptcy; or 2. Proceedings in bankruptcy shall be instituted against Sublicensee and Sublicensee is thereafter adjudicated bankrupt pursuant to such proceedings; or 3. A court shall take jurisdiction of Sublicensee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or 4. A receiver of Sublicensee's assets shall be appointed; or 5. Sublicensee abandons conducting its operations at the Subleased Premises; or 6. Any assignment is made by Sublicensee for the benefit of its creditors; or -34- Ae %W 7. T he breach by Sublicensee of any provision herein contained and the failure of Sublicensee to remedy such breach, including nonpayment of fees or charges when due. IN WITNESS THEREOF, the parties hereto have set their hands and seals this lct day of nrtnhar , 1994. COLLIER COUNTY AIRPORT AUTHORITY -- �9:D Chairman BOAAff OF COUNTY COMMISSIONERS C LIER COUNTY, ORIDA TI Approved as to form and legal sufficiency: Att rney for the P.Tithority AIRWORKS INC. (Affix Corporate Seal) By: Title: ATTEST: Secretary of the Corporation or Signed, sealed and delivered in the presence of: Witn or AIRWORKS ENTERPRISES 11 2-7� Witne r AIRWORKS ENTERPRISES -35- TINE (;hairman ATTEST: DWI GHT- _`E'-.%'.9ROCK,, CLERK BY: [� sflK SES OF FLORIDA, Kenheth Rutter 0 H O r M O d II r Q. r X H b 0 H Il 5 O tIl Z th H ttri �rTl H t+l > o r H O H, C: =M M K�.rMn0 rn ' m'ArxoA" 2= Z (T-�2�= H M M W v p�of ^+ 'o^zM y MtM7� OY a pOy N� 0'--77 T1 vv0 u d mm onOs�' NHxxx irxu $ N = f7"MS.t!2 N H M M M 1 - rmiui��� =n�o� •ni`: aOZOM�r m a i H M x M ZM6i Yt=.In HH, M O ` 4K M = rnor M=o N00'06'21 "B 750' ..mss r 00 �my z� Mtrj nA> H K ON=N y m M H y N m a r p r o Z _. m M n M b %' C Z ❑ y n ym trl � SZ VtH zsaCy u � ® ❑ � y � ® � � e H H0 ❑ ° ❑ V1 CM �z='^�01' u �° c g ,°�o z„ �S ,'. 2 •` u H O .50 ' -)'K '9 0 Y ^ o A.M.LTURAL 71 PMYINO H n M CAAPZ iC CVVI PNCNT r x °n-x�y o �? •N.. .N. Mrnn�M M` q ' ti Z M H l'1 N M� tl P CL s =MM �nrnonrz� °zIm"= n 0 rnMs�W tt-��H V 0y M !AHD H> S00'06'21 "W 730' v o H0 S t0"� Z. H t�avSO%7X �nH Z CPI WORKSHEET Tenant N Date—/—/ Effective date of lease / / CPI Interval CPI Type Base monthly rent S Base Index Date /_ Current Index Date / COMPUTATION: Current Index/Base Index X Base rent = New monthly rent Effective date of new monthly rent / / REMARKS EA, h"b,t - "PP) 1611'] 1 AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. III -D KRK MANAGEMENT, INC. — LEASE AMENDMENT CONSENT Summary: The Authority entered into a lease agreement with Global Manufacturing Technology, Inc. for the Immokalee Manufacturing Incubator Facility (Phase I) dated August 11, 1999, and amended May 13, 2002 (first amendment) and October 14, 2002. The lease was assigned to KPK Management on October 14, 2002. KPK has requested, and the Authority's Incubator Program Review Committee has recommended, an amendment to their lease to change the due date for their monthly rent from the 1St to the 15th day of the month. Staff has developed the attached amendment to reflect this change. The amendment has been reviewed and approved by the County Attorney's office. Impact on Master Plan: None Fiscal Impact: None Recommendation: That the board approve the amendment and authorize the Chairman to execute said document. 1611 MANUFACTURING TECHNOLOGIES, INC. TO KPK MANAGEMENT, INC WHEREAS, the Collier County Airport Authority (Authority) has an agreement with Global Manufacturing Technologies, Inc. (Subtenant) a Florida Corporation, dated August 11, 1999 hereinafter referred to as the "Base Agreement ". WHEREAS, the base agreement, as twice amended, has been assigned to KPK Management, Inc., effective November 1, 2002. WHEREAS, Subtenant has requested that the due date of monthly rent payments be changed from the first of the month to the fifteenth of the month. NOW, THEREFORE, said Assignment of Licensing Agreement is amended as follows: 1. Article 1I1, Section C 1 is deleted and replaced with: 1. Rent shall be paid in equal monthly installments in advance without demand on the fifteenth day of each month and shall include Florida Sales Taxes. 2. All other terms and conditions of the Assignment remain in full force and effect. 3. The effective date of this Amendment shall be April 1, 2003. IN WITNESS THEREOF, the parties hereto have signed this first Amendment to Assignment of Lease this day of March 2003. ATTEST: mm Robert Tweedie, First Witness Gail Hambright, Second Witness ATTEST: First Witness for President Print Name Approved as to form and legal sufficiency: .J To Palmer Assistant County Attorney COLLIER COUNTY AIRPORT AUTHORITY 0 Monte Lazarus Chairman KPK Management, Inc., Donna Fox, President Second Witness for President Print Name F: \Leases\FIRST AMENDMENT TO ASSIGNMENT TO KPK MANAGEMENT.doc (L.S.) i 1611 ASSIGNMENT OF LEASE FROM GLOBAL MANUFACTURING TECHNOLOGY, INC. TO KPK MANAGEMENT, INC. WHEREAS, on August 11, 1999, the Collier County Airport Authority, a Dependent District established pursuant to Collier County Ordinance No. 93 -36, and affirmed by Collier County Ordinance No. 95 -67, with offices at 2003 Mainsail Drive, Naples, Florida, 34114, (hereinafter referred to as "AUTHORITY ") and Global Manufacturing Technology, Inc., whose address is 160 Airpark Blvd., Immokalee, Florida 34142, entered into a Lease (hereinafter referred to as the "BASIC AGREEMENT "), which Agreement was amended on May 13, 2002, and was amended for the second time on the I -�— Day of October, 2002. WHEREAS, The officers and stockholders of Global Manufacturing Technology, Inc., a Florida Corporation, have formed KPK Management, Inc., a Florida Corporation (Subtenant/Assignee) as a property management company; and WHEREAS, Global Manufacturing Technology, Inc., and KPK Management, Inc., deem it advantageous to assign the BASIC AGREEMENT, as twice amended, from Global Manufacturing Technology, Inc. to KPK Management, Inc. The Collier County Airport Authority does not object to this assignment. NOW, THEREFORE, the parties agree as follows: I. The BASIC AGREEMENT, as amended, is hereby assigned in its entirety from Global Manufacturing Technology, Inc. to KPK Management, Inc., and the assignment is hereby accepted by KPK Management, Inc. Use of the premises shall be strictly limited to business uses as described in the BASIC AGREEMENT, as amended. 2. The effective date of this Assignment shall be November 1, 2002. 1611 The parties signed this Assignment this / t( day of-no— 2002. ' ATTEST: By: Robert Tweedie, First Witness Gail Hambright, Seco Witness ATTEST: COLLIER COUNTY AIRPORT AUTHORITY By: Lti W-k Monte Lazaru , C irman GLOBAL MANUFACTURING, INC., a Florida Corporation, Assignor. By :�--- ���,__o Donna Fox, President First Witness for President Second Witness for President Print Name FC I Print Name (� (� ATTEST - 4 zu4-ie,�z first Witness for President ---- Print Name: "r-e.clee fo KPK Management, Inc., A Florida Corporation, Assignee. Donna Fpx, its President Second Witness for President Print Name:'�-On n 1('t 1 Approved as to form and legal sufficiency: ncy: Tom Pal er, Attorne for the Authority 2 111'] SECOND AMENDMENT TO SUBLEASE OF ACTI1RINr' YlVrriu A 9rd,1, Y� -- —__ _ _. 'ACTURING WHEREAS, the Collier County Airport Authority (Authority) has an agreement with Global Manufacturing Technologies, Inc. (subtenant) a Florida Corporation, dated August 11, 1999 hereinafter referred to as the "Base Agreement "; and WHEREAS, Subtenant leases the Manufacturing Incubator Facility from the Authority; and WHEREAS, the Authority voted at its regularly scheduled public meeting on September 9, 2002, to require Global Manufacturing Technologies, Inc. and /or any future lease assignee of this lease to be responsible for all maintenance of the leased area and all common areas, including all restrooms. NOW, THEREFORE, the lease agreement is amended as follows: 1. Article VI, item G of the Lease is amended to read as follows: Subtenant accepts the Subleased premises "as is." Without any cost or expense to the Authority or Collier County, Subtenant, and its successors and/or assigns shall repair and maintain the Subleased premises including, and not limited to, all restrooms and installations thereon and shall remove or cause to be removed all debris from the surrounding ground to the extent the Authority may require. IN WITNESS THEREOF, the parties hereto have signed this second Amendment to Lease Agreement this 1!9', day of �)-��� , 2002. LLIER U TY ATTEST: zc�;r� �. .. Rob rt T eedie, First Witness ,Second Witn 's AIRPOR AUTHO TY B: Y Monte Lazar , C irman Second Amendment to Sublease of Manufacturing Incubator Building ATTEST: &A First Witk1Jss -v V" 'k, A U-- 414-w--- q jje--O�C , Second Approved as to form and legal sufficiency: Tom Palmer, Assista It County Attorney 1011�� Global Manufacturin Technology, Inc. By' Donna Fox, President l FIRST AMENDMENT TO LICENSING AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND GLOBAL MANUFACTURING TECHNOLOGIES INC. WHEREAS, the Collier County Airport Authority (Authority) has an a�_reement with Global Manufacturing Technologies, Inc. (Subtenant) a Florida Corporation, dated August 11, 1999 hereinafter referred to as the "Base Agreement'. WHEREAS, Subtenant leases the manufacturing Incubator from the Authority at a rate of $2,583.75 per month. Subtenant owes $6,796.79 in back rent, plus $1,757.86 in late fees. WHEREAS, Subtenant has requested that the late fees accrued on the past due debt be abated, and that Subtenant be permitted to pay the past (overdue) due amount in $500.00 increments in addition to the then current monthly rent. NOW, THEREFORE, said Licensing Agreement is amended as follows: Article III is amended to include Item E that reads as follows: 1. Late fees of $1,757.86 will be abated. - 2. The back rent of $6,796.79 will be repaid per the following schedule: Due Monthly Rent Additional Balance Date W/ Sales Tax $500.00 $6,681.99 1- Jun -02 $2,583.75 $500.00 $6,181.99 1- Jul -02 $2,583.75 $500.00 $5,681.99 1- Aug -02 $2,583.75 $500.00 $5,181.99 1- Sep -02 $2,583.75 $500.00 $4,681.99 1- Oct -02 $2,583.75 $500.00 $4,181.99 1- Nov -02 $2,698.58 $500.00 $3,681.99 1 - Dec -02 $2,698.58 $500.00 $;;181.99 1- Jan -03 $2,698.58 $500.00 $2,681.99 1- Feb -03 $2,698.58 $500.00 $2,181.99 1- Mar -03 $2,698.58 $500.00 $1,681.99 1- Apr -03 $2,698.58 $500.00 $1,181.99 1- May -03 $2,698.58 $500.00 $681.99 1- Jun -03 $2,698.58 $500.00 $181.99 1- Jul -03 $2,698.58 $181.99 $0.00 3. If Subtenant is delinquent, even once, for a period of ten (10) days or more in paying to Authority any past due monies or scheduled rents, this amendment, including abatement of late fees, automatically thereby becomes null and void (and the abated late fees shall be due and payable in full). 4. All other terms and conditions of the License Agreement remain in full force and effect. 11AFinancelMiscel lane ious FilesTirst Amendment to Global Tech i 1511'7 IN WITNEAS THEREOF, the parties hereto have signed this first Amendment to License Agreement this 13 + day of Wy 2002. ATTEST: Drury A.A.E. hive Director '­ -'dA[rD. HAMBRIGHT Notary Public, State of Florida My comm. expires Aug. 19, 2002 Comm. No. CC768562 Witnesses: TWO WITNESSES REQUIRED FIRS14WITNESS n Print Name of First Witness Rokel't 7w— eedie -.,,F,COND WITNESS Print Name of Second Witness Approved as to form and legal ufficiency: Tom Palme ,Assistant ounty Attorney COLLIER COUNTY AIRPORT AUTHORITY By: (i- Steven L. Price, Chairman Date: -�:)Z/3��Q Global Manufacturing Technology, Inc. By: t� ��� (L.S) Signature of Officer Print Name and Title of Person Signing Dater \11� O C -4. I I: \Finance \Aliscellaneious Files\First Amendment to Global Tech 1 i1 GLOBAL MANUFACTURING TECHNOLOGIES INC. (NAME OF TENANT) SUBLEASE OF MANUFACTURING INCUBATOR BUILDING AND AGREEMENT IMMOKALEE REGIONAL AIRPORT FOR THE FOLLOWING ACTIVITIES: MANUFACTURING Landside Lease Revised: 8/11/99 V: Leases/G I oboY8.11.99GIoba I Fi nal Yi TABLE OF CONTENTS ARTICLE ITEM PAGE ARTICLE I TERM OF SUBLEASE 3 ARTICLE II SUBLEASED PREMISES 3 ARTICLE III RENTS AND FEES 5 ARTICLE IV EXCLUSIVE RIGHTS 6 ARTICLE V OBLIGATIONS OF AUTHORITY 7 ARTICLE VI OBLIGATIONS OF SUBTENANT g ARTICLE VII IMPROVEMENTS 10 ARTICLE VIII MAINTENANCE 10 ARTICLE IX ASSIGNMENT AND SUBSUBLETTING 11 ARTICLE X SURRENDER OF PREMISES 11 ARTICLE XI INDEMNIFICATION AND INSURANCE 12 ARTICLE XII CONCESSIONS 14 ARTICLE XIII CONTRACTS TO OTHERS 14 ARTICLE XIV VENDING MACHINES 14 ARTICLE XV TRADE FIXTURES 14 ARTICLE XVI GOVERNMENT INCLUSION 14 ARTICLE XVII RULES AND REGULATIONS 16 ARTICLE XVIII TITLE TO IMPROVEMENTS 16 ARTICLE XIX EARLY TERMINATION AND RELETTING 16 ARTICLE XX NOTICE OF TERMINATION 16 ARTICLE XXI NON - WAIVER OF RIGHTS 17 ARTICLE XXII SURRENDER OF POSSESSION 17 ARTICLE XXIII INSPECTION OF PREMISES 17 ARTICLE XXIV HOLDING OVER 17 ARTICLE XXV NO LIENS 18 ARTICLE XXVI HAZARDOUS SUBSTANCES 18 ARTICLE XXVII WAIVERS 20 ARTICLE XXVIII AGENT FOR SERVICE OF PROCESS 20 ARTICLE XXIX WAIVER OF CLAIMS 21 ARTICLE XXX HEADINGS 21 ARTICLE XXXI CONSTRUCTION AND SAVINGS 21 ARTICLE XXXII LAND RADIATION EMISSION STANDARDS 21 ARTICLE XXXIII NOTICES 22 ARTICLE XXXIV CANCELLATION 22 SUBLEASE OF LAND AGREEMENT ' r THIS SUBLEASE OF LAND AGREEMENT, made this 1551 day of August, 1999 between COLLIER COUNTY AIRPORT AUTHORITY, a public body established under County Ordinance 93 -36 and affirmed by County Ordinance 95 -67, with offices at 2003 Mainsail Drive, Naples, Florida 34114, (hereinafter referred to as "AUTHORITY ") and GLOBAL MANUFACTURING TECHNOLOGIES, INC., whose address is 160 Airport Boulevard, Immokalee, FL 34129 ( "SUBTENANT "). WITNESSETH WHEREAS, Authority is responsible for operation and maintenance of Immokalee Regional Airport, owned by and located in the County of Collier, State of Florida, ( "AIRPORT "), and WHEREAS, Authority leases the Airport from Collier County and deems it advantageous to itself and to its operation of the Airport to enter into this Agreement to lease a manufacturing facility and other facilities, if any, that are described herein to subtenant, and WHEREAS, Subtenant is a manufacture and management company engaged in operating a manufacturing facility, and WHEREAS, The parties hereto hereby enter into a Sublease for a building to be constructed at the Airport by the Authority, and WHEREAS, As used herein the words Collier County and the County of Collier are under interchangeably and no distinction is intended or should be inferred; and WHEREAS, As used herein any power or authority then delegated to the Executive Director of the Authority or his /her designee may be performed on behalf of the Authority by the Executive Director and/or his/her designee without the inclusion in the respective provision herein of any phrase such as the "Authority's agent or designee ", etc. NOW, THEREFORE, In consideration of the premises and the mutual covenants and promises hereinafter contained, the parties hereto hereby agree as follows: ARTICLE I TERM OF SUBLEASE The term of this Agreement shall be for 29 years. Said term and rent, fees and charges shall have an effective "commencement date" on the date a certificate of occupancy for the manufacturing facility is issued to the Authority. ARTICLE lI SUBLEASED PREMISES A. Description of Subleased Premises. 1. Authority, in consideration of the compensations, covenants, and provisions set forth herein to be kept and performed by the Subtenant, does hereby sublease unto Subtenant upon the provisions hereinafter set forth, all of which the Subtenant accepts, the Subleased Premises (13,000 square foot building) identified on Exhibit "A" attached hereto and made a part hereof. -3- 1 2. The Subtenant may enjoy, along with the public, the authorized use allipubc ai rP o facilities and improvements of a public nature which are now or may hereafter connected with or I appurtenant to said Airport, except as hereinafter provided, to be used by Subtenant as specifically defined herein under Section B, "Privileges, Use, and Rights ". 3. "Public Airport Facilities" includes all necessary landing area appurtenances, including, and not limited to, approach areas, runways, taxiways, aprons, aircraft, and automobile parking areas, roadways, sidewalks, navigational and navigational aids, lighting facilities, or other public things appurtenant to said Airport for so long as they exist and are available to the public. 4. The sublease of the premises and its acceptance by Subtenant is conditioned upon all of the following: a. No functional alteration of the Subleased Premises inclusive of constructing walls or removing walls between bays or change in any use of such premises shall be made without prior written approval of the A+ithef4y Executive Director. b. The privilege to use said public Airport facilities in common with others authorized to do so shall be exercised subject to and in accordance with the laws of the United States of America, the State of Florida, County of Collier, and all rules and regulations promulgated by their authority, and in accordance with all applicable rules, regulations, and ordinances of Collier County, now in force or hereafter prescribed or promulgated. B. Privileges, Uses and Rights. In addition to the general privileges and uses attaching to the Subleased Premises herein, (as described) and without limiting the generality thereof, only the following specific privileges and uses are licensed to the Subtenant: 1. The right to conduct the following activities: Manufacturing. Consulting Services. Distribution. Calibration. Warehousing. Secretarial and Office Support Services. 2. The use, in common with other duly authorized users, of the Airport, consisting of roadways, runways, taxiways, all aids of air navigation for the Airport, and all public areas (limited public forums) of the Airport consistent with airport rules and regulations. 3. The privilege of ingress to and egress from the Subleased Premises, over Airport roadways, including the use of common use roadways, subject to general law and such rules and regulations as may be established by Authority or Collier County. 4. The use, in common with other duly authorized users, of the "Common Area" (parking area, paved area and landscaped area surrounding Sublease Premises) as depicted in Exhibit A. 5. The use of furniture and equipment as described in Exhibit B subject to the requirements of USDA attached hereto as Exhibit C and made a part hereof not withstanding any other provisions in this Sublease. SEE '� '" 6 The operation and maintenance of facilities and improvements upon th bl edf rises for the purpose of carrying out any or all of the activities authorized herein subject to all provisions of this Agreement. 7 The right to install and operate appropriate identifying signs on the Subleased Premises provided that plans for the type, size, design, color, fabrication, location and operation of any such signs shall have been submitted to and expressly approved in writing by the Executive Director prior to installation of any sign. ARTICLE III 14ENTS AND FEES A. Rents and Fees 1. Subtenant shall pay to Authority the following Rent: Lease Year 1: $2.00 per square foot per year Lease Year 2: $2.15 per square foot per year Lease Year 3: $2.25 per square foot per year Lease Year 4: $2.35 per square foot per year Lease Year 5: $2.50 per square foot per year The Subleased Premises is 13,000 square feet. Annual Sublease Rent shall be based on the above price per square foot schedule. 2. Subtenant shall pay a security deposit of $1,700.00. Upon execution of the lease, $500.00 of said security deposit is due and payable and the balance of $1,200 is due upon subtenant taking occupancy of building. Said deposit shall be returned upon termination of this lease less any assessable damages resulting from Subtenant's occupancy of facilities. Said deposit may be returned upon any assignment of this lease. B. Without waiving any other remedy available to Authority in the event of default in payment of fees or rent hereunder, if the Subtenant is delinquent for a period of ten (10) days or more in paying to Authority any fee or rent payable to Authority pursuant to this Agreement, Subtenant shall pay to Authority interest thereon at the rate of fifteen (15 %) percent simple interest per annum from the date such item was due and payable until paid. This late payment fee in no way is a limiter on any other remedy available to the Authority. C. The payments from Subtenant to Authority on all of the sums of money identified in paragraph A, above, shall be made as follows: I • Rent shall be paid in equal monthly installments in advance without demand on the first day of each month and shall include Florida sales taxes. 2• Payments of all rent and fees are to be paid in lawful money of the United States of America. 3• Payments shall commence August 1, 1999 as follows: a. For one hundred fifty (150) days subtenant is only responsible for 10% of said Sublease rental. b. From one hundred fifty (150) days through three hundred sixty (360) days subtenant is only responsible for 60% of said sublease rental. -5- I � C. From three hundred sixty (360) days until such time this lease shall terminate 1 E1 su tenant ' is responsible for 100% of said sublease rental. D. Adjustment of Rent. Every five (5) years throughout the term of this Agreement a new five (5) year schedule of Annual Sublease Rent will be set by Authority. Authority may, at its sole cost, have the Subleased Premises appraised by a real estate appraiser licensed in the appraisal of Florida real property to determine the fair market annual rental value of the Subleased Premises for each of the years in the next five (5) year interval and thereby adjust the Annual Sublease Rent for each of the years in the next five (5) year interval to the amount stated in said appraisal. In the event Subtenant believes the new Annual Sublease Rent for each of the years in the next five (5) year interval as determined by the appraisal method is incorrect, Subtenant may, at its sole cost, select a real estate appraiser licensed in the appraisal of Florida real property to determine the then fair market annual rental value of the Subleased Premises. In such event, the new Annual Sublease Rent for each of the years in the next five (5) year interval shall be the average of those two (2) appraisals. Subtenant shall have six (6) months to present said appraisal to the Authority. Until said appraisal is presented Subtenant shall pay the fair market annual rental value of the Subleased premises as determined by Authority's appraisal. If Subtenant does not present an appraisal to Authority within six (6) months of that year's anniversary date, the new Annual Rent shall remain the fair market annual rental value of the premises as determined by Authority's appraisal. In lieu of the appraisal method, the parties may mutually agree to the increase in the rent for the subject five -year period. In no event shall the annual increase in rent ever exceed 5% of the subsequent year's Annual Sublease Rent, with the exception of the first five years of this Agreement. This provision shall not change or affect the Annual Sublease Rent for the first five years of this Agreement as set forth in Article III, Paragraph A. ARTICLE IV EXCLUSIVE RIGHTS Subtenant shall have exclusive use during the term of this Agreement of only that area identified as the Subleased Premises (13,000 square foot building) as depicted on Exhibit A and the furniture and equipment described in Exhibit B, attached hereto and made a part hereof with the exception of the loading dock/lift pad and conference room. Said loading dock/lift pad may be used by others, from time to time, as authorized in writing by the Authority and subject to reasonable terms and conditions to be determined by Authority. Said conference room may be used by Authority at no cost as needed upon prior scheduled permission from Subtenant. None of the above shared uses shall unduly inconvenience any operation of Subtenant. -6- ARTICLE V � �, ,* OBLIGATIONS OF AUTHORITY 6 1 Authority Covenants and Agrees: A. It has jurisdiction and power over the Subleased Premises and full right and authority to sublease the same to Subtenant as herein set forth, and that all things have happened and been done to make its granting of said sublease effective, and Authority warrants to the Subtenant peaceful possession and quiet enjoyment of the Subleased Premises during the term hereof upon faithful performance of Subtenant's covenants herein. B. That during the term hereof to operate and maintain the Airport and its public facilities as a public airport. C. That Authority does not assume any responsibility for maintenance, upkeep, or repair to keep the Subleased Premises and Common Area in a safe and serviceable condition subject to Article V, Paragraph E, except to the extent, if any, specifically provided for in this Agreement. D. That the Authority will pay for the cost to install a sub -meter for the purpose of tracking water used to irrigate the landscaping within the Common Area surrounding the Subleased Premises. E. That the Authority will pay for the cost of water used to irrigate and the cost of maintaining the landscaping within the Common Area surrounding the Subleased Premises for five (5) years commencing August 15, 1999. After said five (5) year period, Subtenant shall be solely responsible for the cost of irrigating and maintaining the landscaping surrounding the Subleased Premises unless otherwise agreed to in writing by Authority. F. The Authority shall reimburse Subtenant for the cost to construct Authority approved internal walls for the six (6) most northerly bays at the Subleased Premises. Said Authority approval must be in writing and is subject to the Subtenant first submitting plans for the internal walls to Authority. Said reimbursement shall not exceed $35,000.00. Said walls must be constructed within one (1) year of this Agreement's commencement date in order for the Authority to participate in the cost. Walls constructed after said date shall be erected solely at the cost of the Subtenant unless otherwise agreed to in writing by Authority. G. The Authority shall reimburse Subtenant for the cost to install two (2) air conditioning units with associated electrical power at the Subleased Premises. Said reimbursement shall not exceed $9,000.00. H. Authority shall give subtenant right of first refusal to lease North abutting piece of property. Upon receiving notice in writing, subtenant has thirty (30) days to respond by executing an Authority approved lease for said property or otherwise subtenant shall automatically lose said option. Failure within the deadline to notify the Executive Director in writing of Subtenant's election to unconditionally exercise this right of first refusal and execute that lease may at his/hers absolute discretion be deemed by the Executive Director as an election by Subtenant not to exercise the right of first refusal. The decision of the Executive Director shall be final. -7- J e I J J ARTICLE VI OBLIGATIONS OF SUBTENANT j Subtenant Covenants and Agrees as follows: A. The use and occupancy of the Subleased Premises by the Subtenant shall be without cost or expense to the Authority or Collier County. Subtenant shall pay for utility services. B. Subtenant shall at its own expense maintain the Subleased Premises and Common Area subject to Article V, Paragraph E and maintain improvements and appurtenances thereto in a presentable condition consistent with good business practice, and will procure and keep in force during the term of this Agreement all necessary occupational licenses and permits as are required by law or ordinance for the operation of each of Subtenant's business activities on the Subleased Premises. C. Subtenant shall cause to be removed at its own expense from the Subleased Premises and Common Area securing adequately size dumpster to be located in Common Area to take care of Subleased premises all waste, garbage and rubbish, and shall not deposit same on any part of the Airport; except Subtenant may deposit same temporarily on the Subleased Premises in connection with established collection or removal of all such items. D. Subtenant shall save the Authority and Collier County harmless from any and all costs or charges for utility services furnished to or available to Subtenant and from all other expenses of Authority as may be incurred in the operation and maintenance of the Subleased Premises. E. Subtenant shall maintain the Subleased Premises and common area subject to Article V, Paragraph E in an attractive manner, keep said Premises mowed and groomed, and shall not allow the accumulation of materials, parts, etc., on such premises. F. Subtenant will not suffer or permit to be maintained upon any improvements on the Subleased Premises any billboards or signs except those, which may be specifically approved in writing by the Executive Director. G. Subtenant accepts the Subleased Premises at such time as tenant takes occupancy "as is" in their then condition and, without expense to Authority or Collier County, will repair and maintain the Subleased Premises and installations thereon and remove or cause to be removed debris from the surrounding ground to the extent Authority may require. H. Subtenant and its patrons, invitees, and all others shall pay the field use charges as may be levied generally by the Authority directly upon the operation of aircraft, including fuel flowage fees. 1. Subtenant shall conduct its business in a proper and first -class manner at all times and shall operate in harmony with all others on the Airport and will at all times operate with safety and with concern for others and with courtesy to the public. J. Subtenant will pay rent and all other charges to the Authority and to the County of Collier at such times and places as the same are due and payable. K. Subtenant shall surrender the Subleased Premises upon the expiration of this Agreement in the condition in which they are required to be kept. L. Subtenant will observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, rules, regulations, and standards applicable to Subtenant, including, but not limited to, rules and regulations promulgated from time -to -time by or at the direction of Authority. _:12 M. Subtenant will a all taxes assessed or pay imposed by any governmental authority, mclu mg / Collier County, upon the Sublease or upon the building or other improvements and equipment erected, installed, or utilized on the Subleased Premises. Subtenant may contest such taxes; however, Subtenant shall do all that is necessary to prevent a tax lien or tax certificate from being placed on the Subleased Premises or the leasehold estate during such contest, or otherwise. N. Subtenant shall use the Subleased Premises only for the uses hereinbefore described, unless it receives prior express written consent of Authority to use the premises for such other purpose(s), by amendment to this agreement. O. Subtenant shall allow Authority free access to the Subleased Premises during normal business hours for the purpose of examining same to investigate whether all provisions of this Agreement are being -done and performed by Subtenant. Authority shall have the right to enter any building or structure on the Subleased Premises at any time in the event of an emergency. The determination of an emergency shall be at the sole discretion of the Executive Director or his designee. P. At the termination of this Agreement by lapse of time or otherwise, Subtenant shall yield up and surrender immediate possession of the Subleased Premises to Authority; upon failure to do so Subtenant shall thereafter automatically be a tenant at sufferance. This Agreement shall not be construed as a waiver by Authority of any right of re -entry as has been hereinbefore provided, nor shall the receipt of rent of any part of rent and/or any other act(s) in apparent affirmance of the tenancy operate as a waiver of Authority's rights to declare this Agreement terminated. The term hereby granted shall be at an end for the period remaining still unexpired by reason of any subsequent breach of any provision herein contained. Q. Authority shall have a specific lien on all merchandise and property of Subtenant, including goods, chattels, fixtures, inventory and equipment of Subtenant brought upon the Subleased Premises at any time. The lien shall be security for the payment of rent and the performance of any obligation of Subtenant, which specific lien shall be in addition to any other landlord's lien as is now or may hereafter provided for under the laws of the State of Florida. Any such lien may be foreclosed in equity in the same manner as a mortgage lien. R. Subtenant will not construct any building or structure without prior approval of Authority, nor allow any object of natural growth to exceed a height of 20 feet. In addition, Subtenant shall not otherwise be in violation of the height limitations or restrictions now in effect or from time -to -time made and enacted by Authority, the United States of America, the State of Florida, or the County of Collier. Subtenant shall not allow any installation or operation, including any electronic device, which in any way interferes with the safe conduct of the flight of aircraft at or near the Airport. Subtenant shall make no use of the Airport which in any way interferes with the safe conduct of the Airport or any aircraft operation. The Executive Director has authority to make all determinations as to whether or not such interference does or might exist in the use or occupation of the said Area at or near the Airport. S. The Subleased Premises are in a location near which aircraft will operate at low altitudes. Subtenant hereby waives any claims, demands, losses, damages, liabilities, or causes of action of every kind, character, or nature which it has or may have against Authority and/or Collier County by virtue -9- of said aircraft, flying over, landing or taking off from, or otherwise usi �e kirp�rt,ludin g se i vibration, fallout, or other thing in connection therewith. ARTICLE V11 IMPROVEMENTS A. Acceptance of Premises. Subtenant accepts the Subleased Premises in their present condition "as is" subject to and including all patent defects, and, without expense to Authority or Collier County, shall repair and maintain any installations thereon. B. Minimum Improvements to be made by Authority. The Authority has constructed a manufacturing facility, as described in Article III, Section A, on the airport. Subtenant has made input into the design of said facility and Authority shall consider said input. C. Alterations, Future Improvements and Repairs. During the tern hereof, Subtenant shall have the right, subject to approval of Authority and Collier County permitting procedures and process, to install or erect additional, structural and other improvements on the Subleased Premises, or to alter, change or make other improvements in the Subleased Premises; provided, however, that improvements do not conflict with the current use and future development of the Airport and that all such alterations or improvements shall be commenced only after proper plans and specifications thereof have been submitted to and approved in writing by Authority and Collier County through the permitting process, and Subtenant has obtained in writing an Authority authorization to commence such work. ARTICLE VIII MAINTENANCE A. This Agreement in every sense shall be without cost to the Authority for the operation, maintenance and improvement of the Subleased Premises or Common Area subject to Article V, Paragraph E or any part thereof. All improvements and facilities placed thereon shall be operated and maintained by Subtenant at no cost or expense to the Authority or Collier County. B. All costs and expenses set forth in this section are in addition to the rent and fees to be paid for the Subleased Premises or any part thereof. 1. Subtenant shall, without cost to Authority, maintain the Subleased Premises, Common Area subject to Article V, Paragraph E and the furniture and equipment described in Exhibit B and every part thereof in good appearance, repair, and safe condition, consistent with good business practice. Subtenant shall repair all damage to the Subleased Premises caused by its employees, patrons, invitees, permitees, contractors, labors, suppliers, etc., or its operation thereon; and shall maintain and repair all improvements thereon including drainage installations, paving, curbs, islands, buildings and all other improvements. All such maintenance, repairs, and replacements shall be of quality equal to the original in materials and workmanship, and all exterior paint colors shall be submitted to and approved in writing by the Executive Director prior to application. -10- t 1 4q 1 2. The Executive Director shall be the sole judge of the qua 11Y o aiAtelce. Th Iccutive Director and his designee(s) may at any reasonable times, without prior notice, enter upon/ and into the Subleased Premises and any part thereof to determine if maintenance is satisfactory to the Executive Director. If it is decided by the Executive Director or his designee that maintenance is not satisfactory, Authority shall notify Subtenant in writing of the required changes and/or corrections. If said required changes and/or corrections are not performed by Subtenant within fifteen (15) days or other longer specified time after receipt of written notice, the Executive Director or his designees, agents, or independent contractors may perform such maintenance, and Subtenant agrees to promptly reimburse Authority for the cost thereof, plus an additional ten percent (10 %) thereof to pay for administrative overhead. ARTICLE IX ASSIGNMENT AND SUBLETTING The operations of the Subtenant hereunder are in the performance of functions, which are in the public interest and in furtherance of Airport and Airport Industrial Park development. Authority is endeavoring to provide to the public and other tenant's the highest possible level of services and facilities. It is, therefore, necessary that Subtenant's operations be subject to continuing scrutiny by Authority, and that Subtenant must always operate at the Airport in harmony with other tenants and with courtesy to the public. Sub tenant shall sub - sublease part of the premises or improvements thereon. any such sub - sublease that is not manufacturing or directly related to manufacturing must be approved first by Authority, which approval shall not be unreasonably withheld. The Authority is developing and subleasing a manufacturing incubator facility and subleasing it out to be operated as such. Therefore, at no time shall Global Manufacturing Technologies, Inc. occupy more than 50% of the manufacturing space (total square footage of the building less die tool room, the quality control room, the business services area, the conference room and lobby). The Authority expects the remaining 50% (or more) to be occupied by multiple small manufacturing companies independently owned (not owned or operated by Global Manufacturing Technologies, Inc. or principles thereof). This lease shall not be assigned without approval of the Authority, said approval shall not be unreasonably withheld. Any attempt to assign without such approval shall be void ab initio. ARTICLE X SURRENDER OF PREMISES A. In the event that under the laws of the United States and/or the State of Florida, the interest of die Authority in the Subleased Premises shall cease, Authority shall not be liable for any damage whatsoever to the Subtenant beyond the amount of rent reserved in this Agreement for the period of time that the Subtenant shall be deprived of the use and occupancy of the Subleased Premises; moreover Authority shall not incur any liability by reason of the happening of any such event beyond the loss of rent while the Subtenant is deprived of the use and occupancy of the Subleased Premises or any part thereof. -11- B. The Subleased Premises shall be vacated, surrend d anI dlred to Authority at the expiration of the term of this Agreement, or at any other date that the Agreement may be terminated by reason of any provision of this Agreement or otherwise, in good condition, and in the same state of repair and condition of the buildings at the original commencement date of this agreement. ARTICLE XI INDEMNIFICATION AND INSURANCE A. Subtenant agrees to indemnify fully and save and hold harmless Collier County, Authority, and their officers, agents, and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind or character and nature as well as costs and fees, including reasonable attorney's fees connected therewith including any and all appeals, and the expense of the investigation thereof, based upon or arising out of damages or injuries to any and all third persons or their property. Authority shall give Subtenant prompt and reasonable notice of any such claim or action. Subtenant shall have the right to investigate, compromise, and defend the same to the extent of its own interest. B. At such time as tenant takes occupancy and during the entire term of this Agreement thereafter, Subtenant shall provide, pay for, and maintain the types of insurance described herein, with insurance companies that are satisfactory to the Authority. All insurance shall be from responsible companies duly authorized to conduct the respective insurance in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. All liability policies shall provide that Authority and the County of Collier as additional insureds as to the uses of the leased estate by Subtenant under this Agreement and shall also provide the Separation of Insureds Provision. Prior to execution of this Agreement by Subtenant, the specified insurance coverages and limits required must be evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority. The Certificate must be personally and manually signed by the authorized representative of the insurance company shown in the Certificate with proof that he/she is authorized to execute same. In addition, certified, true, and exact copies of all required insurance policies shall be provided to Authority on a timely basis, if requested by Authority. Thirty (30) days' written notice by registered or certified mail shall be given to the Authority's/Sublessor's Executive Director of any cancellation, intent not to renew, or reduction in the policy's coverages, except in the application of the Aggregate Limits Provisions. In event of any reduction of any Aggregate Limit, Subtenant hereby agrees to immediately take whatever steps are needed to have the prior aggregate limit reinstated. All insurance coverages of Subtenant shall be primary to any insurance or self - insurance program carried by Authority or die County of Collier. The acceptance of and delivery to Authority of any Certificate of Insurance evidencing the insurance coverages and limits required in the Agreement shall not constitute approval or agreement by Authority that these insurance requirements have been met or that the insurance policies shown in the Certificates of Insurance are in compliance with these requirements. No activities by or on behalf of Subtenant shall commence anywhere on the Subleased Premises unless and until the required Certificates of Insurance under this Agreement are in effect and are physically delivered and approved by the Authority. The insurance coverage and limits required of Subtenant under this Agreement are designed to meet the minimum -12- 4" g for tliF requirements of the Authority. They are not designed as a reco e d i1sur c L Subtenant. The Subtenant alone shall be responsible for the sufficiency of its own insurance program. Should the Subtenant have any questions concerning its exposures to loss under this Agreement or the possible insurance coverages needed therefore, it should seek professional assistance. If any general liability insurance policy required herein is to be issued or renewed on a "claims made" basis or form, as distinguished from a "occurrence" basis or form, the retroactive date for coverage shall be no later than the initial commencement date of this Agreement and shall provide that in the event of cancellation or non - renewal, the discovery period for insurance claims (tail coverage) shall be unlimited. Subtenant, without expense to Authority or Collier County, shall obtain and cause to be kept in force at all times during the term of this Agreement liability insurance issued by a company or companies acceptable to Authority for the following types and minimum amounts of coverage: I. Workers' Compensation and Employees' Liability Insurance shall be maintained by the Subtenant for all employees in accordance with the laws of the State of Florida. The limits of coverage shall not be less than: Workers' Compensation —Existing Florida Statutory Requirements. Employers' Liability - $100,000 Limit Each Accident. $500,000 Limit Disease - Aggregate. $100,000 Limit Disease - Each Employee. 2. General Liability Insurance shall always be maintained by the Subtenant to cover its operations under this Agreement, including, but not limited to, personal injury, contractual for this contract, and broad form property damage coverage. The limit of coverage shall not be less than: Bodily Injury and property Damage Liability - $1,000,000 Combined Single Limit Each Occurrence. 3. Automobile Liability Insurance shall be maintained by the Subtenant as to the ownership, maintenance, and use of all owned, non - owned, leased, or hired vehicles with limits of not less than: Bodily Injury and property Damage Liability - $500,000 Combined Single Limit Each Occurrence. C. The above insurance, other than Workers' Compensation and Employers' Liability Insurance, shall exclude Authority's and Collier County's insurance, and shall include Authority and the County of Collier as additional insureds under the policies as to the operations of the Subtenant under this Agreement. The naming of Authority and the County of Collier as additional insureds in such policies of insurance shall not thereby cause the Authority or the County of Collier to be deemed a partner, joint venturer, or any other relation other then landlord/tenant with the Subtenant regarding its business and other activities conducted on the Airport, or otherwise. D. Said policies of insurance shall be performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. -13- ARTICLE X11 !1 � CONCESSIONS It is specifically agreed and stipulated that concessions and the establishment thereof require prior written approval from the Authority: ARTICLE XIII CONTRACTS TO OTHERS There is no restriction or limitation whatsoever on Authority subleasing or renting of land, hangars, or any other improvements on terms different from those set forth herein. The Subtenant shall not sublease or rent the subleased premises to others without the expressed written consent and approval of Authority which shall not be wrreasonably withheld. Any such attempt shall be void. ARTICLE XIV VENDING MACHINES Vending machines are at the discretion of subtenant. ARTICLE XV TRADE FIXTURES Subtenant shall, without cost to Authority, furnish and install all furniture, fixtures, draperies and equipment necessary to conduct its operation in a reasonable manner; the same are referred to herein as "Trade Fixtures ". All Trade Fixtures shall be safe, of high quality, be fire resistant and be attractive in appearance. If specified herein, Authority may require specific written approval of the Authority prior to installation, which written approval shall not be unreasonably withheld. Subtenant has rights to grant security interests, liens or encumbrances against said Trade Fixtures as needed to purchase same, but not to exceed the term of this Sublease. ARTICLE XVI GOVERNMENT INCLUSION A. The Subleased Premises and the Airport are subject to the terms of those certain Assurances made to the Government of the United States to guarantee the public use of the Airport as incidental to existing or future grant agreements as amended between Authority and/or Collier County, and the United States of America. Authority has no reason to believe that any provision of this Agreement violates any of the provisions of such Assurance Agreements. B. Nothing contained in this Agreement is intended to or shall be construed to grant or authorize the granting of any "exclusive right" within the meaning of Section 308 of the Federal Aviation Act of 1958 or otherwise. C. It is further covenanted and agreed that Authority reserves the right to further develop and/or improve the existing Airport and any additions thereto, including all landing areas and taxiways, as the Authority may deem fit, without heeding the desires, views or objections of Subtenant and without interference or hindrance; provided, however, that such development or improvement does not -14- 16 11 4 unreasonably adversely affect Subtenants use and occupancy of the subleased Premises under this Agreement. D. This Agreement is and shall be subordinate to the provisions of any existing or future agreement between Authority, Collier County and/or the United States of America, or any Boards, Agencies, or Commissions of any of them relative to the operations or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds on the development of the Airport or otherwise, and this Agreement is and will probably always be subordinate to the license or permit of entry which may be granted by the Secretary of Defense of the United States. E. Subtenant for itself, its successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (1) no person on the grounds of race, color, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Subleased Premises, that (2) in the construction of any improvements on, over or under said Premises and the furnishing of services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and that (3) Subtenant shall use said premises always in full compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally - assisted Programs of the Department of Transportation- Effectuation of Title VI of die Civil Rights Act of 1964, and as said Regulations may be amended from time -to -lime. F. In the event of breach of any of the above non - discrimination covenants, Authority shall have the immediate right to re -enter any part or all of said Premises and said Premises shall thereupon revert to and vest in and become the absolute property of Authority or its assigns. This reverter provision shall not be finally effective until, at the election of Subtenant, the procedures of Title 49, Code of the Federal Regulations, Part 21, are followed and completed, including exercise or expiration of Subtenant's appeal rights thereunder. G. To the extent applicable to Subtenant, Subtenant will undertake action as required by 14 CFR Part 152, Subpart E, or its successor in function, if any, if necessary to insure that no person shall on the grounds of race, creed, color, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Subtenant expressly agrees that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by said Subpart. Subtenant will require that its covered suborganizations, if any, shall provide assurances to Subtenant that they similarly will undertake required action and that they will require assurances from their suborganizations, if any, as required by 14 CFR Part 152, Subpart E, to the same effect. H. If and when the Federal Aviation Administration, or its successor, requires modifications or changes in this Agreement as a condition to granting of funds for any improvements of the Airport, Subtenant hereby irrevocably consents to such amendments, modifications, revisions, supplements, or deletions of any provision(s) of this Agreement as may be reasonably required to obtain such funds; provided, however, Subtenant does not agree to an increase in the rent provided for hereunder or to -15- 4 any change in any use(s) (use licensed by Authority hereunder) to which Subtenant has ien actually put the Subleased Premises; and Subtenant does not consent to any forced reduction in the physical size of the boundaries of the Subleased Premises. ARTICLE XVII RULES AND REGULATIONS Subtenant shall observe and obey all rules and regulations not conflicting with any provision and purpose of this Agreement as may now exist or may be promulgated from time -to -time by Authority. Authority agrees that any rules and regulations so promulgated and as applied to Subtenant shall not be inconsistent with any constitution, law, rule, or regulation of the State of Florida or the United States of America, or any agency thereof having jurisdiction over Collier County, Authority or the Airport. ARTICLE XV1II TITLE TO IMPROVEMENTS Title to all improvements constructed or installed on the Subleased Premises by or on behalf of the Subtenant shall at all times during the term of said Agreement remain in the Authority. Upon termination of this Agreement by any means all improvements shall, become the property of Authority. ARTICLE XIX EARLY TERMINATION AND RELETTING Should there occur an early termination of this agreement pursuant to the terms hereof, Authority shall have the right to re -enter the Subleased Premises, make necessary repairs, and relet the Subleased Premises or any part thereof for the remainder of the term hereof, and receive any rent therefore. In the event of such early termination, Subtenant shall remain liable to Authority for the full amount of said total rent for the entire term of this Agreement and shall continue to pay said monthly rentals and all fees (see Article V) or such part thereof that remain unpaid after the application of all rents and fees collected by Authority from the new occupant then occupying the Subleased Premises or any part thereof. Subtenant shall remain liable for and shall make such payments whether the Subleased Premises remain vacant or shall have been relet, in whole or in part. ARTICLE XX NOTICE OF TERMINATION If any breach of this Agreement by Subtenant shall occur and after due notice of termination from the Authority to Subtenant, and Subtenant fails to cure or correct same if curable or correctable, the Authority may, at any time thereafter during the continuance of said default, terminate this Agreement by such notice to Subtenant as required by law, such cancellation and termination to be effective upon the date specified in such notice. In the event of any breach of this Agreement, which includes any Rule or regulation anywhere referred to herein, Authority shall give Subtenant notice as required by law to correct any such breach, and unless that time is extended in writing by the Executive Director upon written request of Subtenant, if such breach shall continue for thirty (30) days after such notice, -16- Authority may, after the lapse of said thirty ( 30 ) day period, cancel this Agree en 'out I eiture, ; waiver or release of any of Authority's rights to any sum of money due or to become due under any provision of this Agreement, or otherwise. ARTICLE XXI NON - WAIVER OF RIGHTS Continued performance by either party hereto pursuant to any provision of this Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of any subsequent default. ARTICLE XXII SURRENDER OF POSSESSION In addition to Article X and all other provisions herein, Subtenant agrees to yield and deliver to Authority full possession of the Subleased Premises herein at the termination of this Agreement, by expiration or otherwise, or of any renewal or extension hereof, in good condition in accordance with its express or implied obligations hereunder, except for ordinary wear and tear. Subtenant shall have the right, within ninety (90) days after the termination hereof, to remove all of its trade fixtures and equipment installed or placed by it at its own expense in, on or about the Subleased Premises, subject, however, to any lien which Authority may have thereon for unpaid rents, fees or because of any other breach of any provision of this Agreement by Subtenant, such as failure to properly maintain any part of the Subleased Premises, in which event Authority shall have the right to immediate possession. ARTICLE XXXI INSPECTION OF PREMISES Authority or its duly authorized representatives, agents, and other persons for it, may enter upon said Subleased Premises at anytime such premises are open for business or other operations, and at any and all other reasonable times to investigate whether or not Subtenant is complying with all provisions of this Agreement, or for any other purpose incidental to rights or interests of Authority or Collier County. ARTICLE XXIV HOLDING OVER Should Subtenant hold over the Subleased Premises, or any part thereof, after this Agreement has been terminated in any manner, by such holding over Subtenant shall thereby automatically become a tenant at sufferance and, subject to statutory limitations, if any, at a rental to be determined by Authority, payable in advance, but otherwise on the same provisions as herein provided. -17- ARTICLE XXV ' NO LIENS 1611 Subtenant shall pay for all labor done or materials and/or supplies furnished in the repair, replacement, development, or improvement of the Subleased Premises by Subtenant or on Subtenant's behalf, and shall keep said Premises and all of Subtenant's interests therein free and clear of any lien or encwnbrance of any kind whatsoever created by Subtenant's act(s) or omission(s). ARTICLE XXVI IJAZARUOUS SUBSTANCES Except as consistent with the usual practices of the proposed operation and subject to the requirements of the County of Collier, no tangible property shall be kept, stored or sold within or on the Subleased Premises or otherwise on the Airport which are explosive or hazardous; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. A. Reportable Uses Require Consent. The term "Hazardous Substance" as used in this Sublease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority, or (iii) a basis for liability of Authority to any governmental agency or third party under any applicable statute or common law theory. Hazardous substance shall include, but not be limited to, hydrocarbons, petroleum gasoline, crude oil or any products, by- products or fractions thereof. Sublessee shall not engage in any activity in, on or about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Authority and compliance in a timely matter (as Sublessee's sole cost and expense) with all Applicable Law ( as defined in_ Paragraph 6.3). "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority. Reportable Use shall also include sublessee's being responsible for the presence in, on or about the subleased Premises of a Hazardous Substance with respect to which any Applicable Law requires that notice be given to persons entering or occupying the Subleased Premises or neighboring properties. Notwithstanding the foregoing, Sublessee, may without Authority's prior consent, but in compliance with all applicable Law, use any ordinary and customary materials reasonably required to be used by Sublessee in the normal course of Sublessee's business permitted on the Subleased Premises, so long as such use is not a Reportable Use and does not expose the Subleased Premises or neighboring properties to any meaningful risk of contamination or damage or expose Authority to any liability therefore. In addition, Authority may (but without any obligation to do so) condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Sublessee upon Sublessee's giving Authority such additional assurances as Authority, in its reasonable discretion, deems necessary to -18- protect itself, the public, the Subleased Premises and the environment against damage, contamination or injury and/or liability therefrom or therefore, including, but not limited to, the installation (and removal and or before Lease expiration or earlier termination) of reasonably, necessary protective modifications to the Subleased Premises (such as concrete encasements) and/or the deposit of an amount sufficient to pay for anticipated cleanup costs of any contamination. B. Duty to Inform Authority. If Sublessee knows, or has reasonable cause to believe, that a Hazardous Substance, or a condition involving or resulting from same has come to be located in, on, under or about the Subleased Premises, other than as previously consented to by Authority, Sublessee shall immediately give written notice of such fact to Authority. Sublessee shall also immediately give Authority a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action or proceeding given to, or received from, any governmental authority or private party, or persons entering or occupying the Subleased Premises, concerning the presence, spill, release, discharge of, or exposure to, any Hazardous Substance or contamination in, or, or about the Subleased Premises, including but not limited to all such documents as may be involved in any Reportable Uses involving the Premises. C. Indemnification. Sublessee shall indemnify, protect, defend and hold County and Authority, its agents, employees, lenders and ground lessor, if any, and the Subleased Premises, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and attorney's and consultant's fees arising out of or involving any Hazardous Substance or storage tank brought onto the Premises by or for Sublessee or under Sublessee's control Sublessee's obligations under this Article XXVI shall include, but not be limited to the effects of any contamination or injury to person, property or the environment created or suffered by Sublessee, and the cost of investigation (including consultant's and attorney's fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Sublease. No termination, cancellation or release agreement entered into by Sublessor and Sublessee shall release Sublessee from its obligations under this Sublease with respect to Hazardous Substances or storage tanks, unless specifically so agreed by Authority in writing at the time of such agreement. D. Duty to Inform Lessee. To the best of Authority's knowledge: (i) there are no environmental, health or safety hazards on, under or about the Subleased Property; (ii) County has not (and none of the prior owners or tenants of the Subleased Property had), used or installed any underground storage or treatment tank or used, generated, manufactured, treated, stored, placed, deposited or disposed any hazardous materials on, under or about the Subleased Property or transported any hazardous materials to or from the Subleased Property; (iii) There are no hazardous materials, storage or treatment tanks, oil wells or gas wells, asbestos or PCB's located in upon, on or below the Subleased Property; (iv) County has not received notice of any claim, action, proceeding, suit, injunction or investigation concerning hazardous materials or the Subleased Property and county is not aware of any fact or circumstance which would result in a claim, action proceeding, suit, injunction or investigation concerning hazardous materials on the Subleased Property; (v) The Subleased Property has never been used as a -19- landfill dump p or disposal site and there has not been any release of any hazardous material m, upon, on, or below the Subleased Property. The Subleased Property has not been designated as a "border zone" property pursuant to applicable Florida health and Safety Codes. ARTICLE XXVII WAIVERS No waiver by Authority and/or Collier County, at any lime, of any provision of this Agreement, or noncompliance therewith, shall be deemed or taken as a waiver, then or thereafter, of the same or any other provision herein contained, nor of the strict and prompt performance thereof by Subtenant. No delay, failure, or omission of Authority to re -enter the Subleased Premises or to exercise any right, power, privilege, or option arising from any default nor subsequent acceptance of rent then or thereafter accrued, shall impair any such right, power, privilege, or option or be construed to be a waiver of any such default or relinquishment thereof, or acquiescence therein. No notice by Authority shall be required to restore or revive time as of the essence hereof after waiver by Authority or default in one or more instances. No option, right, power, remedy, or privilege of Authority shall be construed as being exhausted or discharged by the exercise thereof in one or more -instances. It is agreed that each and all of the rights, power, options, or remedies given to Authority by this Agreement are cumulative and no one of them shall be exclusive of the other or exclusive of any remedies provided ' by law or equity, and that the exercise of one right, power, option, or remedy by Authority shall not impair its rights to any other right, power, option, or remedy. ARTICLE XXVIII AGENT FOR SERVICE OF PROCESS It is expressly agreed and understood that if Subtenant is ever not a resident of the State of Florida, or is ever an association or partnership without a member or partner resident of Florida, or is a foreign corporation, then in any such event Subtenant does automatically designate the Secretary of State of the State of Florida, as Subtenant's agent for the purpose of service of process in any court action between it and Authority and/or Collier County arising out of or based upon this Agreement, and the service shall be made as then provided by the laws of the State of Florida for service upon a non - resident. It is further expressly agreed, covenanted, and stipulated that if for any reason service of such process is not possible, and as an alternative method of service of process, Subtenant may be personally served with such process out of Florida, by the registered mailing of such complaint and process to Subtenant at the address set out hereafter in this Agreement and that such service shall constitute complete, valid and fully effective service upon Subtenant as of the date of mailing; and Subtenant shall have thirty (30) days from date of mailing to actually deliver to Authority its response thereto. It is further expressly agreed that Subtenant is amenable to and hereby agrees to the process so served, submits to the jurisdiction and waives any and all obligation and protest thereto, any laws to the contrary notwithstanding. -20- ARTICLE XXIX � � l WAIVER OF CLAIMS 11 Subtenant hereby waives all claims against Authority, County of Collier, the State of Florida, and I the Government of the United States, and all officers, agents, or employees of any of same, for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement or any part thereof, or by any judgment or award in any suit or proceeding that may declare this Agreement null, void, or voidable, or delaying the same, or any part hereof, from being carried out. ARTICLE XXX HEADINGS The article and paragraph headings throughout this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision of this Agreement. ARTICLE XXXI CONSTRUCTION AND SAVINGS This Agreement shall be construed in accordance with the laws of the State of Florida. If any provision contained in this Agreement is held to be invalid by any court of competent jurisdiction or otherwise appears to Subtenant and Authority to be invalid, such invalidity shall not affect the validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of any such provision does not materially prejudice either Authority or Subtenant in its respective rights and obligations contained in the remaining valid provisions of this Agreement. Wherever approval or consent of Authority or Subtenant is required under this Agreement such shall not be unreasonably withheld, nor shall Authority or Subtenant impose unreasonable conditions to such approval or consent. ARTICLE XXXII LAND RADIATION EMISSION STANDARDS In accordance with Section 404.056(7), Florida Statutes, the following notification as it pertains to radon gas and the leasing of building is hereby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and/or state guidelines have been found in some buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Collier County public - health unit. -21- ,4 1 ARTICLE XXXIII Z i NOTICES Except as allowed by law with respect to certain notices in ARTICLE XXVIII, herein, all notices provided for in this Agreement shall be in writing. Any notice required to be served upon Subtenant other than by publication may be served upon it at: Global Manufacturing Technologies, Inc. 160 Airpark Boulevard Immokalee, FL 34120 provided, however, that if Subtenant shall give notice in writing to Authority of any change in either or both of said addresses, then and in such event such notice, if written, shall be given to Subtenant at one of the substituted addresses. Any notice permitted or required to be served upon Authority may be served upon it at: Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 Attention: Executive Director provided, however, that if Authority shall give notice in writing to Subtenant of any change in said address, then in such event such notice shall be given to Authority at such substituted address. Any notice served by mail may be by registered mail, certified mail, or regular mail. ARTICLE XXXIV CANCELLATION A. Cancellation by Subtenant. Subtenant may, but is not required to, cancel this Agreement and terminate all of its obligations hereunder upon sixty (60) days' advance written notice, except as hereinafter provided, upon or after the happening of one or more of the following events and provided Subtenant is not then in default in maintenance or in the payment of any fees or charges to Authority: 1. The permanent and total abandonment of the Airport by the Authority or its successor in function. 2. The inability of Subtenant to use the Airport for a period of ninety (90) consecutive days because of the issuance of any order, rule, or regulation by any competent governmental authority or court having jurisdiction over Subtenant or Authority, that prevents Subtenant from operating all of its then licensed operations; provided, however, that such inability or violation of such order, rule, or regulation is not due to any fault of Subtenant; or 3. The inability of Subtenant to totally use the Airport for a period of more than sixty (60) consecutive days due to war, earthquake, or other such major casualty beyond control of Subtenant. B. Cancellation by Authority. -22- l �" Unless prohibited by law, Authority may cancel this A 6 Agreement an ter1 minate a of its obligations hereunder at any time upon or after the happening of any of the following events: 1. Subtenant shall file a voluntary petition in bankruptcy; or 2. Proceedings in bankruptcy shall be instituted against Subtenant and Subtenant is thereafter adjudicated bankrupt pursuant to such proceedings; or 3. A court shall take jurisdiction of Subtenant and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or 4. A receiver of Subtenant's assets shall be appointed; or 5. Subtenant abandons conducting its operations at the Subleased Premises; or 6. Any assignment is made by Subtenant for the benefit of its creditors; or 7. The breach by Subtenant of any provision herein contained and the failure of Subtenant to remedy such breach, including nonpayment of fees or charges when due. -23- 6I1 IN WITNESS THEREOF, the parties hereto have signed this lease this 9'-k day of 1999. COLLIER COUNTY AIRPORT AUTHORITY ATTEST: j6hn Drury, A.A.E. Executive Director j (Affix Corporate S- eal) O,lk\ GAIL D. HAMBHIOHT My comm. Public, State of 9, Florida 200 My Comm. expires Aug. 10, 2002 Comm. No. CC766562 I A7;T**elT Secretary of the Co oratio or signed, sealed and delivered in the presence of Witness for President l 0w\ Approved as to form and legal sufficiency Tom Palmer, Assistant County Attorney Michael Williams Chairman (Name of C tion) Print Name��''� C Title: �� �s�' , e ti\� President Lo o cN Fes. —_ �' i /�• o o \qo C11 0 _ 1 _ ") C() aH o ` I Ul oo 4 tot zz ul o<_ � na � OI a] I ; COMMON AREA 13,000 SQUARE FOOT BUILDING SUBLEASE PREMISES Exhibit AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. IV -A UPDATE ON INCUBATOR PHASE II FACILITY ADMINISTRATIVE 1611'� Summary: authority staff and staff of the County's Financial Administration and Housing Department will update the Board on the status of the Immokalee Incubator Phase II lease and participating parties agreement. Attached is the most recently received correspondence from Global Manufacturing. Donna and Larry Fox of Global will be present to address the Board. Impact on Master Plan: Fiscal Impact: Recommendation: APR -09 -2003 08:40 AM 941 597 1644 P.01 100 Airpark Bhd Immokalee. FL 34142 941657-3720 f.m 941657-497 email: globalmfg2;'4aol.com to bal Manufactming Technology April 8, 2003 k1r.Robert Tweedic Collier Count` Airport Authority 2iA'33 I la nail Drive Naples, Li. Dear Bob- We have reviewed the lease for the Phase II building and are looking forward to continuing our efforts on building a successful ►manufacturing industrial park at the Immokalee Regional Airport. Our intent is to continue bringing growing companies to the Immokalee area. We have been recruiting the Industrial Park and the area's incentives through trade shows and the many different organizations Global belongs to. Several companies express interest in relocating to Immokalee, many however, need more square footage than is available. This is a good problem we will work out with the Airport Authority and the EDC. We have companies interested that we feel are the right fit to diversify the economy, create employment opportunities and compliment the existing manufacturing businesses. Two of the companies that are anxiously waiting for the building to be available and have forwarded written intent are Boat Car Company and Taray International Corp. We have introduced Boat Car to the EDC to help with any incentives, programs and tax advantages that may be available to them by moving their company from Michigan to Immokalee. Taray is eager to take advantage of the import/export advantages and would like to build its business to expand to utilizing the airside of the Immokalee Regional Airport_ Job projections are expected to meet or exceed the 22 jobs required by the grant. Along with recruiting companies to the Immakalee Manufacturing and Technology Center over the past 3 years we have also initiated an informal machining training program. We are working with Workforce Development for funds to expand, formalize, structure and diversify the training so it benefits the needs of our tenants. ....................... r�rrt -0 j —L003 08 :40 AM 941 597 1644 P. 02 April 9. 2003 Page 2 1611'1 The Immokalee Manufacturing and Technology Center is a state-of-the art campus for small businesses and employment opportub3ities ;ur t "e residents of lm_mokalee. I look forward to continuing our efforts to expand upon this cwnpeus and its successes. Sincerely, ,-1Y Donna Fox President Attachments RPR -09 -2003 08:41 AM 941 597 1644 P.03 Boat car CornpWY 48MR& rA an•, March 5, 2002 Larry Fox Irnmokaiee Manufadunng ncubaim 160 Airpark Blvd. #101 lrurnokalee, FL 34142 Dear Mr. Fox i011'1 Tl:is letter• will describe thF interest and intent of our company to manufacture boats in the 4000 square foot Incubator facility soon io ice avaiWbIs. . The Boat Car Company is incorporated in the state of Florida and will manufacture -wA ArI�• m:amaran boats. The principal components of tfiis waterwalt 21�• 1. Aluminum cctamamn hulls 2. Fiberglass passenger oompart 'ISM 3. Outboard motors Manufactuemig t�,c,+in�g wil: to Wr.. =-d in April $rsd readied for shipping to Immokaiee shortly ihereafi► r. Beat construction will core ist of aluminum hull fabrication and fiberglass passenger compartment. The aiuminurn hulls will be corstAruded of sheet. aluminum, which is fo; med into shape with a brake, then welded for si %ZWral integrity/. Deck, sections will mate to hull sections with adhesive bonding and mechanical bstening. The assembled hulls will be finished with epoxyicerarnic p0itit• The fiberglass passenger +;ompartment is an epoxy Wy-up process, which utilizes a painted gelcoat as the finish surface. The &-at Car Ccampa ny Will utilize aerosp cee materials in a new procew of hand lay-up perWed in produdim testing. First ' the ge4mat is applied to praiuction ready molds; once the geiaoat 11"" cured, tIlhe nr: of lay-up begins. Epoxy is applied to the gekwt, Ibiiowed by glass cloth tli�at is onto the surface; this step is repeated until desired thickness is achieved. The vo molds are rratec then bonded.. resulting in the passenger compartment st, -711 APR -09 -2003 08:42 AM s ?age 2 941 597 1644 P.04 1611'"'l March 5, 2002 In the assembly process, the passenger compartment shell is fitted with mechanical, ervironmental, and passenger components. Interior is fitted wO alurni^ urn flooring, Fiberglass dashboard, headliner and doors. Seating and instruri iitation is added as th-. passenger compartrnent is mated to the hulls. The decision to locate to Immokalee was based upon workforce availability, market accessibility and local incentives.. Projected employment of 50 to 100 trained workers quid be realized vAhin 4 years. Please notify us as to the terns of the lease and the availability of the discussed space when specifics become known. The Boat Car Company looks forward to a long and prosperous relationship with the Immokalee community and the Airport Industrial Park. I can be reached anytime at (T-A) 897 -5810. Sir:cerely, Jolin Ozga Praskferrt AYK -09 -2003 08:43 AM C � 1♦ I MERIDIAN INC. Mr. Larry Fox ( ilobal Manufacturing 60 Airpark B lvd. 410 I inmokalee, FL 34142 Dear Mr. Fox, 941 597 1644 P.05 Please Reply J'u 5519 Eighth .S1reel ii' f.ehigh .lcres. I-Yortda 33911 US.k Teiephune: (739) 369 1194 laT: (?39) 369 -W2 1611 1 19"' March 2003 Without Prejudice Further to our meeting last Wednesday 12'h March, I would like to confirm CYTO 11cridian lnc.'s interest in leasing 4,000 to 5,000 square feet in the industrial buildings s ,tuated on Immokalee Ajr)ort's Airpark Blvd_ ( YTO Meridian will requi.e the space at the end of April 2003 so time is short. Please let us know if there is a situation available to us ir• the required time. ours faithfully. .-I .P. Michell (o,: Paul A. Cornell Roy- K. Warner _r APR -09 -2003 08:43 AM February 19, 2003 Global Manufacturing 160 Airpark Boulevard Immokalee, FL 34142 Attn: Larry Fox Dear Larry, TARA -TEK L.L.C. 941 597 1644 P.06 1112 o er Id! _ Marco Island, Florida. USA 34145 Telephone: (239) 39"099 x 28 FAX: (239) 394 -5388 E -mail: tayasun@taray.com Websfte: http:Nwww.taray.com My partner Walt Sxyms and I enjoyed meeting you at your office yesterday. We are much obliged to Monica for bringing us together. We liked the unit you showed us because it suits our needs and being close to your operation will be a big bonus for us. Our operation needs a machine shop and a welding shop nearby. I am also planning to bring part of my import- export operation to the unit. We are sending this letter of intent to you now and asking you please consider leasing the unit to us at the price we discussed. We do not mind having the fenced in area within the operation as long as we do not have to pay for the space that is being taken out. (Total area of the unit was around 1200 sq. toot and the fenced in unit took up around 200 sq. ft). `tour lmsiness isglobal... our sm4v is parsoaaL " "Oxr 1wiiness irglobal... our service is personal " APR -09 -2003 10:06 AM 941 597 1644 P.01 loll '1 t' With this letter, we are also asking the Honorable Chairman of the Airport Authority, LL Monte Lazarus to do all he can hasten a decision to avow our opera ion t to l v lc in question. Si ✓1rely, i tl k N. Ayasuo, Parma_ Tara -Tv_k ! i r V cc: Monte Lazarus Walt Szyms `19ur owiness isglobal... oar service is personal "' APR -09 -2003 08:44 AM 941 597 1644 P.07 1 4,, 11 "1" - A#' 211 lworldwide.00m. I (,oW Hope, Bal V n&*9 ^9" ECD, Guyer, South AMV*" •Tel: 592-20 231 Fax 592-20-7733 .saIes(e}e http: / /wunu. iehAw1duride_ cone Global Manufacturing Inc. Imokallee Florida USA Att: Larry Fox - CEO Dear Larry, It was good to meet with you and Donna and discuss our pending move to, and investment in Imokallee. As discussed, we have now completed the shutdown of IEL in Guyana in an orderly fashion, and are in the process of conducting a complete audit and inventory, prior to selling assets or arranging for them to be shipped to the USA. I'm happy to report that the shutdown went well, and we were able to meet all obligations to staff, clients and suppliers. I was suitably impressed with the facilities you've provided, and feel that the vacant unit you showed us should meet our immediate needs over the next year, for contract machining and light fabrication. We are however considering the establishment of a plant of at least half the size of our Guyana facility to handle medium and heavy fabrication, so we will need about 50,000 sq. ft of open plan building, with 6" reinforced floors, and at least 3 acres of land, to allow storage of large finished fabrications. You had said that this would be possible, but would require getting the local authorities on board. I would like you to start those discussions, so that we may have firmer ideas as to costs, possibilities, and the required time scale. We envisage that our shutdown process here at IEL will be complete by end - December, after which we would consider the establishment of our Imokallee facility. I look forward to your positive reactions, and thank you and Donna for having taken the time to welcome us. Kindest Regards, George Jardim A.A. Chairman. Steel Design. Engineering, Steel Fhbr=wn and Insudiahm Steel Buddbuls, Machining, tl,sto,n- Built Machines ' AGENDA SUMMARY l 611 APRIL 14, 2003 AGENDA ITEM NO. IV -B SELECT NEW VICE CHAIRMAN ADMINISTRATIVE Summary: Due to Mr. Lazarus' resignation as Chairman, Mr. West, as Vice Chairman automatically has moved up to serve out the remaining term as Chairman. This leaves a vacancy for a Vice Chairman. Impact on Master Plan: N/A Fiscal Impact: N/A Recommendation: Select a new Vice Chairman. 1611 '] AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. IV -C STRATEGIC PLANNING COMMITTEE ADMINISTRATIVE Summary: The Strategic Planning Committee met on March 31, 2003. A scenario was discussed and determined as follows: 1. Modify Ordinance to correct any potential administrative omission. 2. All references to monetary advances in the financial agreement should be excised and justified as a normal cost of providing aviation services to the county. All other fee structures should be reviewed and incorporated into a revised ordinance. Impact on Master Plan: Fiscal Impact: None Recommendation: Discuss scenarios and direct committee accordingly. 1511 14 AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. IV -D EDC MARKETING PROGRAM UPDATE ADMINISTRATIVE Summary: EDC staff will update the Authority on the status of the marketing/business recruitment program for the Immokalee Regional Airport and Industrial Park. 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N N O - (n .0 :3 to io rn c w U 3 = > N a) a O = .� m c c L) m 'ch o a� x D- = o W cn c u. m N O7 m m U Q 1611 ' 3 AGENDA SUMMARY APRIL 14, 2003 AGENDA ITEM NO. VI -A NOMINATION FOR REVENUE COMMISSION NEW BUSINESS Summary: The Chairman has received the attached letter from the Board of County Commissioners advising that the Board of County Commissioners has selected the Authority to nominate one representative to serve on the Revenue Commission. Impact on Master Plan: None Fiscal Impact: None Recommendation: That the board discuss and nominate a representative to serve on the Revenue Commission. 1611 . ✓ oaa of wolli ex fowwy fawtw""exl, 3301 East Tamiami Trail - Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 4N. • Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Bill West, Chairman Airport Authority 2003 Mainsail Drive Marco Island, FL 34145 March 17, 2003 RE: Collier County Revenue Commission Dear Mr. West: While convened in regular session on Tuesday, March 11, 2003 the Board of County Commissioners adopted Resolution No. 2003 -118, creating the Collier County Revenue Commission to explore alternative revenue sources for meeting the County's numerous and varied needs. This ad hoc committee will allow participation from a broad spectrum of community leaders and stakeholders in a process that identifies the County's various fiscal needs. Your committee/ organization has been selected to nominate one representative to serve on the Revenue Commission. Please have your representative complete the enclosed application and return it within 41 days or as soon as possible. I have also enclosed a copy of the Resolution 2003 -118 for your review and information. The committee will consist of 19 members and the functions will be to identify the infrastructure requirements, governmental service and community needs of Collier County. They will explore both private and public revenue sources to meet these needs, and will submit written findings and recommendations annually to the Board of County Commissioners. Thank you for your interest in County Government. Very truly yours, -- V'T'�'� -117 Sue Filson, Executive Manager to BCC Board of County Commissioners SF Enclosures Cc: Bob Tweedie, Interim Airport Director a t 16 11 1211 ""l RESOLUTION NO. 2003. 118 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CREATING THE COLLIER COUNTY REVENUE COMMISSION. WHEREAS, on October 22, 2002, the Board of County Commissioners discussed creating an ad hoc advisory body, the Collier County Revenue Commission, to explore alternative revenue sources for meeting the County's numerous and varied needs; and WHEREAS, finding alternative revenue sources for the County serves a valid public purpose; and WHEREAS, Collier County Ordinance No. 2001 -55 sets forth the requirements for creating advisory bodies, to include ad hoc advisory committees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Pursuant to the provisions of Collier County Ordinance No. 2001 -55, as it may be amended from time to time, or any successor ordinance, the Board of County Commissioners hereby creates the Collier County Revenue Commission (Commission) as an ad -hoc advisory committee. The Commission will expire eighteen (18) months after its first meeting immediately subsequent to appointment of members, unless terminated earlier by the Board of County Commissioners. The Commission shall initially consist of nineteen (19) members. Each of the following organizations shall nominate one representative to serve on the Revenue Commission: 1. Airport Authority 2. Black Affairs Advisory Board 3. City of Everglades + 4. City of Marco Island 5. City of Naples 6. Collier Building Industry Association 7. Conservancy of Southwest Florida 8. East Naples Civic Association 9. Economic Development Council 10. Golden Gate Civic Association t 11. Golden Gate Estates Association I I 1 , . ll �} 12. Greater Naples Chamber of Commerce 13. Hispanic Affairs Advisory Board 14. Immokalee Civic Association 15. Naples Area Hotel /Motel Association 16. Naples Better Government Committee 17. Productivity Committee 18. Property Owners Association of North Collier County 19. United Arts Council The Board of County Commissioners may freely add to or remove an entity from the above- mentioned list by resolution. Each member shall serve for the full duration of the Revenue Commission, unless removed by the Board of County Commissioners. It shall be the responsibility of the originating board, committee, council or association to maintain its representation on the Revenue Commission for the duration of the Commission. Any member of the Commission may be removed from office with or without cause by a majority vote by the Board of County Commissioners. If any member of the Commission is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001 -55. Members of the Commission shall elect by majority vote a Chairperson, a Vice - Chairperson and a Secretary. The presence of a majority of the voting members shall constitute a quorum. The Commission may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Commission shall serve without compensation. The functions, powers and duties of the Commission shall be to: A. Identify the infrastructure requirements, governmental service and community needs of Collier County; B. Explore both private and public revenue sources to meet these needs; and C. Submit written findings and recommendations annually to the Board of County Commissioners. 2 0 0 1011'7 ;r�� This Commission is purely advisory and serves at the sole discretion of the Board of County Commissioners. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. The Revenue Commission shall have the authority to make any necessary and reasonable requests of staff through the County Manager's Office. This Resolution shall become effective upon adoption by the Board of County Commissioners PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ilk day of ftr h _2003. ATTEST: DWIGHT'S." )i ()CK, Clerk iir i W. Approved t ::e: ii`Ya3ti' S Approved as to form and legal sufficiency: Ramiro Manalich Chief Assistant County Attorney RM:Public/Tjm/Rev. Comi Rew. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. o TOM HENNING, Chairman 3 -t( -off 3 Name: Home Address: om Board of Coun ty C mi o rl i 3301 East Tamiami Trail Naples, FL 34112 (941) 774 -8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Phone: Code: Fax No. Business Phone: e-mail address: Business: Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes No Do you currently hold public office? Yes No _ If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yes, please list the committees /boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112 Ifyou wish, please fax your application to (941) 774 -3602 or e -mail to sueBlsonC&colliereov. net Thank you for volunteering to serve the citizens of Collier County. 1511'1 Col, Her Cou nu ty Cw Airiport Authoritv- General Correspondence Al =8 C oz -8 OR 2 ci r c 7Q CEL w G) Cl 0) < .q. CD CD c I l< CD p+ 0 1511 ' j O ti O O p°(]rn o rgq u+= 0vw ;' G ►o q ;� �N eo �.rn 7y ' rtc$ ��w O o �C� �$ cbdo � , . gs�o $ w -'' � � S�o ((GC 7� ' O5cO G '. 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I (D O N 333 C 3 CA C7o �o N. v, w F 0•C4'r CL= ° EL y A R O fl G .O Jr• a' v�' (1) N CL C Q. o m co v4.M'� C T C G O & , ; o � ° C P R R. �• fl � '* C M b o$ tC� N C C no $w d 4' (moo w S' o A rn N C 1 2 m �v Z D A A I AIRPp,9 COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 y 1611 � (941) 642 -7878 r Fax (941) 394 -3515 V»! www.c011 ;roc i .. /Mr. Thomas Norton, Editor The Southern Aviator P.O. Box 2542 Easton, MD 21601 -2542 RE: Everglades Airpark Dear Tom: March 17, 2003 Thanks so much for the wonderful feature on Everglades Airpark in your April issue. .\,, I stated when I contacted you about doing this feature, it is a very unique and interesti ll L, airport, which serves as a gateway to a unique and interesting community. You ha\•c certainly captured the essence of that in your article. I am sure your story will intrigue and stimulate many of your readers, particularly thee, bound for Sun -N -Fun, to take a side trip down and experience first hand all of the charrt•,- beauty and adventure that the Everglades City area has to offer. Again, thanks for giving Everglades Airpark some very valuable publicity and exposer,-. Sincerel Bob Twee �d>e Acting Executive Director �.J CC: John Kirchner BT /gdh H:3 -17 -03 NortonSouthemAviatorEvergladesArticle ❑ Marco Island Executive Airport ❑ Immokalee Regional Airport ] F 2003 Mainsail Drive 165 Airport Boulevard Naples, FL 34114 Immokalee, FL 34142 65n r •? (941) 394 -3355 (941) 657.9003 (941) 394 -3515 Fax (941) 657.9191 Fax ✓c�aaxt� �pa�,e� �pat�n� �pa� 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Halas District 2 March 14, 2003 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Bill West, Chairman Airport Authority 2003 Mainsail Drive Marco Island, FL 34114 Dear Mr. West: X CO L ��'� A District 5 Townhall Meeting is scheduled for April 2, 2003, 7:00 p.m. to 9:00 p.m. at the Immokalee Middle School. I would like to extend an invitation to the Airport Authority to participate in this meeting to discuss the status of the Immokalee Airport as well as any other pertinent information regarding the airport. We look forward to seeing you on April 2. If you have any questions regarding this meeting, please do not hesitate to contact this office. Very tru yours Tom Henning, Chairm Board of County Commissioners -• - u:jaa Information Technology 239 - 774 -8865 Monte Lazarus 1611 222 Waterway Court #242 Marco Island, Florida 34145 -3541 Tel. 239 - 394 -4104 Fax 239 - 394.4102 E -Mail BPnaoshincomra;t_ net March 10, 2003 Mr.Tom Henning Chairman, Collier County Board of Commissioners 3301 Tam:'ami Trail East Naples, Florida ?a112 Dear Mr. Chairman: Please accept my resignation as a member of the Collier County Airport Authority. 1 am fortunate to be selected to serve on the Marco Island Planning Board, and I am not eligible to serve on two boards. It has been a great privilege to serve alongside the dedicated members and staff of the Airport Authority. In the past eight years they have transformed three derelict airports into excellent public use facilities. Thanks to the devotion of those volunteer members of the Authority, both past and present, Collier County now has an investment in three productive airports which not only serve the traveling public but provide important economic benefits to Collier County. I shall miss my Q colleague� and I hope they are recognized for their imYo:±ant contributions to their community. Sincerely, G'LGc ✓fir Monte Lazltrus P.1 Fiala V Halas Henning Coyle Coletta April 4, 2003 1511 ''J Cal T� ' �°ki d�. 4 COLLIER COUNTY Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board will hold a public hearing at 5:311_ a. {». pit, >� c'cli�es�i.��, A�iril 16, 200;, 1 have enclosed a copy of the agenda for your review and records. The meeting that will be held in Conference Room "E" at the Community Development Services Building in Naples, Florida. In addition, I have also attached the minutes from the March 1911, meeting for your files. If you have any questions concerning these meetings, please do not hesitate to call me. My phone number is 941- 403 -2463 or you can e -mail me at: Raybellows(dcolliergov.net. Sincerely, C,flows, Chief Planner (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Margaret Wuerstle Ron Jamro Susan Murray Patrick `White Kay Deselem Linda Bedtelyon CiY1W __• `ILP•Y41r I I 1611 1 AGENDA COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:30 AM, WEDNESDAY, APRIL 16, 2003 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM "E ", LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA: 2. APPROVAL OF MINUTES: March 19, 2003 3. PLANNING SERVICES DEPARTMENT REPORT: 4. OLD BUSINESS: A. Historic Preservation Guide B. Ochopee Filling Station Historic Designation 5. NEW BUSINESS: A. Historic Designation for the North Naples Country Club B. Calusa Island Village PUD (AR -3831) Waiver of Survey Requirement 6. DISCUSSION OF ADDENDA 7. ADJOURN �. is�u.,, . Ei .,,��.��i . ,i�.,� �,.,,.A 1611 ': COLLIER COUNTY Minutes from the Meeting of March 19, 2003 ATTENDANCE: Present: Alexander Dusek, Chairman Staff: Ray Bellows, Chief Planner Thomas Franchino Sharon Phillips, Secretary Bill Tyson Joanne Quinn Jack Thompson William Dempsey Absent: Diane Gonzalez, Vice - Chairman Other: Joan Griffin The meeting was officially called to order at 8:30 am. ADDENDA TO AGENDA: A. Naples Botanical Gardens Cultural Assessment APPROVAL OF MINUTES: The Board voted 6 to 0 to approve the minutes from the February 19, 2003 meeting. PLANNING SERVICES DEPARTMENT REPORT: Ray Bellows informed the Preservation Board that the BCC officially appointed Jack Thompson to the Board. He also indicated that the Current Planning Section has hired two more planners that will allow for more staff time dealing with preservation issues. OLD BUSINESS: A. Historic Preservation Guide: This item was continued to the next meeting. B. Ochopee Fillinq Station Historic Designation: Joan Griffin presented her application for the designation of her property in Ochopee as historic. Ms. Griffin was supposed to submit the completed application so the Preservation could make the final vote. The Preservation Board requested that Ms. Griffin complete the application so a final vote can be made during the next meeting. NEW BUSINESS: A. North Naples Country Club Historic Designation: The Board discussed the application for local historic designation. It was noted that the site and structure has been altered over the years and may not qualify for historic designation. It was also noted that the site and structure is not associated of any loll' 1 historic persons to Collier County. Because the petitioner did not attend the meeting, the Board requested to have this item tabled until the applicant asks to be placed on the next agenda. B. Mandalay PUD Waiver Request: The Preservation Board reviewed the waiver request for a project located on Rattlesnake- hammock Road across from Lely Palms. It was mentioned that the area contains a known archaeological site. The waiver application indicates that the area with the highest probability was designated as a conservation area. The Board voted 6 to 0 to deny the request for a waiver. DISCUSSION OF ADDENDA: A. Naples Botanical Gardens Cultural Assessment: The Board reviewed the Survey and Assessment that was prepared by John Beriault. The Board voted 6 to 0 to accept the recommendations listed in the survey including the monitoring of any clearing within 100 feet of the listed archaeological sites. NEXT MEETING: 3:30 P.M. - Wednesday, March 19, 2003 at the Development Services Building in Conference Room "E ". Historic Preservation k,4inutes /RVB/rh F) Fiala Halas Henning Coyle Coletta Vanderdiet lcll'! &"A M.S.T.N. Advisory Como+Miffea 2685 Horseshoe Drive South Naples, FL 34104 Si JIyIMARY OF MINUTES & MOTIONS April 3, 2003 III. Approval of Minutes: Agenda & Minutes of March 6' & 19' were approved as amended. VI. Old Business: Information concerning the March 19' meeting was covered as per minutes. VII. New Business: Master Plan and burying of the Utility Lines was discussed. VIII. Public Comments: Several residents addressed their concerns on how the MSTU was formed, when and why. They were concerned about the Mil raze, taxes, reserves, and budgeted items. Many other subjects were covered. 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Proerams• Administration/Overhead Costs Median maintenance/beautification Reserves/Loan Repayment Total Less: Priority FTE's FY 03 Cost Revenues Net Cost 1 0.0 $143,300 $0 $143,300 2 0.0 $130,800 $0 $130,800 3 0.0 $602,100 $0 $602,100 Grand Total 0.0 S876,200 $0 357b,ZUU Current FY 02103 — Budgeted operating expenses are for maintenance of existing median beautification projects. There is also $100,000 budgeted to repay an advance from the MSTD General Fund (111). Revenue FY 02/03 — Ad valorem tax revenue is based on a .5000 mill tax levy. This will produce $917,300 in tax revenues. J -54 FY 00 /01 FY 01/02 FY 01/02 FY 02/03 FY 02/03 FY 02/03 % Actual Adopted Forecast Current Expanded Total Budget Appropriation Unit Exp/Rev Budget Exp/Rev Service Service Budget Change Operating Expenses 0 0 0 130,800 0 130,800 1 Capital Outlay 0 0 0 0 0 0 N/A Transfers 0 0 0 143,300 0 143,300 N/A Reserves 0 0 0 602,100 0 602,100 N/A Total Appropriations 0 0 0 876,200 0 876,200 N/A Revenue: Ad Valorem Taxes 0 0 0 917,300 0 917,300 N/A Misc. Revenue 0 0 0 5,000 0 5,000 N/A Carryforward 0 0 0 0 0 0 N/A Revenue Reserve 0 0 0 (46,100) 0 (46,100) N/A Total Revenue 0 0 0 876,200 0 876,200 N/A Current FY 02103 — Budgeted operating expenses are for maintenance of existing median beautification projects. There is also $100,000 budgeted to repay an advance from the MSTD General Fund (111). Revenue FY 02/03 — Ad valorem tax revenue is based on a .5000 mill tax levy. This will produce $917,300 in tax revenues. J -54 rince_v From: sillery_t Sent: Wednesday, April 02, 2003 3:11 PM To: prince_v; Petersen_b fla _d Subject: FW: Vanderbilt MSTU ?his is what milt sent me.. Tessie Siffery Alternative Transportation :Ntodcs - - - -- Original Message---- - From: smykowski_m Sent: Wednesday, April 02, 2003 1:10 PM To: sillery_t Subject: RE: Vanderbilt MSTU Tessie, The adopted FY 03 millage rate was .5000 mills or $50 of taxes per $100,000 of taxable value. Mike - - -- -Original Message- - - -- From: sillery_t Sent: Wednesday, April 02, 2003 11:06 AM To: smykowski_m Cc: prince_v; Petersen_b Subject: Vanderbilt MSTU Would you be able to teff me: ,What is the milfaye rate for this year for the Vanderbilt I appreciate your hefp!! Tessie Siffery Alternative Transportation ^►toles 1 1611 "'1 V bot 11"CA Mes'67 . ,Advisory Caw,wlffee 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 April 24, 2003 SPECIAL MEETING AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: April 3, 2003 IV. TRANSPORTATION SERVICES REPORT: A. Budget Repoit V. LANDSCAPE MAINTENANCE REPORT: VI. OLD BUSINESS VII. NEW BUSINESS: A. Set Mil Rate VIII. PUBLIC COMMENTS X. ADJOURNMENT The next meeting is scheduled for 2:30 PM, May 1st, 2003 AT ST. JOHNS CATHOLIC CHURCH 625 111TH Ave. Naples, FL XAM& VAN 1011'1 OF A MASTER PLA FOR PSIL T BEACH MSTU (GOLDEN SATE COMMUNITY ROADWAYS BEAUTIFICATION) BY (MCSEE & ASSOCIATES) Section TABLE OF CONTENTS Title 1611' ' Page Figure /Table 1. Introduction ............................. 1 -1 overview............................... 1 -2 9 6. Lucerne Road 1 -3 Master Plan Roadways Map ............... 1 -4 1 Beautification M.S.T.U. Boundary 3 -20 10 Roadway Legend 2. Goals and Objectives .................... 2 -1 3. Existing Conditions and Constraints ... 3 -1 11 Climate Soil and Topography 3 -23 Area Vegetation ........................ 3 -2 12 Water Resources for Irrigation ......... 3 -3 Master Plan Roadway Corridors: ............ 3 -4 1. Coronado Parkway Description ........................ 3 -5 Photograph and Section /Elevation... 3 -6 2 2. C.R. 951, South Part "A" (Golden Gate Canal to Golden Gate Pkwy.) Part "B" (Golden Gate Pkwy. to Green Blvd.) Description ......................... 3 -7 3 -8 Photograph and Section /Elevation..... 3 -9 3 3 -10 4 3 -11 5 3. Golden Gate Parkway, East Description ....... .. ....... 3 -12 Photograph and Section /Elevation..... 3 -13 6 4. Green Boulevard Description ................. 3 -14 Photograph and Section /Elevation..... 3 -15 7 3 -16 8 5. Hunter Boulevard Description ......................... 3 -17 Photograph and Section /Elevation..... 3 -18 9 6. Lucerne Road Description ..... ......... ....... 3 -19 Photograph andSection /Elevation..... 3 -20 10 7. Santa Barbara Boulevard, North Description ........ ..... ....... 3 -21 Photograph and Section /Elevation..... 3 -22 11 8. Sunshine Boulevard Description ......................... 3 -23 Photograph and Section /Elevation..... 3 -24 12 (T -1) March 12th, 1997 Section 3(cont.) 1611 '9 TABLE OF CONTENTS (Continued) Title Page Figure /Table 9. Tropicana Boulevard Description ......................... 3 -25 Photograph and Section /Elevation..... 3 -26 13 10. C. R. 951, North Description ....... .. .............. 3 -27 Photograph and Section /Elevation..... 3 -28 14 11. Golden Gate Parkway, West Description ......................... 3 -29 Photograph and Section /Elevation..... 3 -30 15 12. Golden Gate Boulevard, West Description ..... ...... 3 -31 ........... Photograph and Section /Elevation..... 3 -32 16 13. Logan Boulevard Description . .. 3 -33 Photograph andSection /Elevation..... 3 -34 17 14. Pine Ridge Road Extension, East Description ......................... 3 -35 Photograph and Section/Elevation ..... 3 -36 18 15. Santa Barbara Boulevard, South Part "A" (Golden Gate Canal to Radio Road) Part "B" (Radio Road to Davis Blvd.) Description .......................... 3 -37 3 -38 Photograph and Section /Elevation..... 3 -39 19 3 -40 20 3 -41 21 Collier County Roadway Landscape Related Codes, Ordinances, Guidelines and Standards. 3 -42 Land Development Code 3 -43 Division 2.4, Landscaping and Buffering 3 -44 Corridor Management Overlay District Division 2.8, Architectural and Site Design Standards and Guidelines Ordinance 93 -64, Public Rights -of -way Construction Standards Golden Gate Area Master Plan Collier County Streetscape Master Plan Existing Pedestrian and Roadway Lighting Existing Pedestrian Walkways and Bike Pathways Community Gateway and Entry Roadway Signage Roadway Beautification Attitude Survey....... 3 -45 Existing Community Entry Signage 3 -46 22 (T -2) March 12th, 1997 1;; 113 TABLE OF CONTENTS (Continued) Section Title Page Figure Table 4. Typical Beautification Plan Concepts for Roadways .............................. 4 -1 Uncurbed 14 feet or wider & curbed 20 4 -2 feet or wider medians 4 -3 T e I II III & IV 4 -4 5. yP r 11 Curbed Medians 20 to 8 foot wide Type V & VI Curbed 8 to 6 foot or less separater or median Uncurbed Roads In -road Pathways Facility Concepts Four lane road in -road facility Two lane road in -road facility Recommended Beautification Concepts for the Beautification M.S.T.U. Arterial /Collector Roadways.......... ........................ 1. Coronado Parkway 2. C.R. 951, South, Part "A" (Golden Gate Canal to Golden Gate Pkwy. Part "B" (Golden Gate Pkwy. to Green Blvd.) 3. Golden Gate Parkway, East 4. Green Boulevard 5. Hunter Boulevard 6. Lucerne Road 7. Santa Barbara Boulevard, North 8. Sunshine Boulevard 9. Tropicana Boulevard Recommended Beautification Concepts for Major County Arterial Feeder Roadways to M.S.T.U.. 10. C.R. 951, North 11. Golden Gate Parkway, West 12. Golden Gate Boulevard, West 13. Logan Boulevard 14. Pine Ridge Road Extension, East 15. Santa Barbara Boulevard, South Part "A" (Golden Gate Canal to Radio Road) Part "B" (Radio Road to Davis Blvd.) Plan Elements and Design Standards ....... Community Colors Sight Distance Diagrams Sight Window Diagrams Pedestrian /Bicycle Pathway Facilities Pathways Facility Design Standards Pedestrian Crosswalk Marking Curbing Decorative Paving Curbed Turn Lane & Decorative Paving Roadway and Pedestrian Decorative Lighting (T -3) 4 -5 23 4 -6 24 4 -7 4 -8 4 -9 4 -10 4 -11 5 -1 5 -2 5 -3 5 -4 March 12th, 1997 TABLE OF CONTENTS (Continued) Section Title 5 cont. Soil Analysis and Preparation Site Furnishings and Fixtures Street Identity and Traffic Control Signage Landscape Sight Distance and Sight Windows Sight Distance Detail ...................... Sight Window Detail ........................ Pedestrian Crosswalk Marking Details .... .. Curbed Turn Lane & Decorative Paving Detail. Pedestrian /Accent Decorative Light Fixtures. Street /Roadway Decorative Light Fixtures.... Roadway and Traffic Control Signage Details. Beautification M.S.T.U. Roadways Landscape Design Standards & Guidelines..... Uncurbed Turn Lane & Berm Detail ........... Existing or Proposed Curbed Roadways C.R. 951, South Part "A" (G.G. canal to G.G. Pkwy.) Part "B" (G.G. Pkwy. to Green Blvd.) Golden Gate Parkway, East Santa Barbara Boulevard, North Phase I, (Coronado Pkwy. to Green Blvd.) Phase II, (Coronado Pkwy. to G.G. Canal) Existing Uncurbed Roadways Coronado Parkway Green Boulevard Hunter Boulevard Lucerne Road Sunshine Boulevard Tropicana Boulevard Irrigation Water Resources and Irrigation Systems ... ............................... Well and Pump System Reclaimed Water Tanker Applied Potable / Treated Water Conventional Pop -up Spray Systems Sub - Surface Systems Irrigation Specifications ................ Roadway Plant Material Tables ............ Canopy / Boulevard Trees ............ Single Trunk Palm Trees ............. Understory Plants Small Trees /Large Shrubs........ Shrubs /Accent Plants............ Ground Covers .................. Planting Specifications .................. Maintenance Guidelines and Standards ..... (T -4) 1511 "1 Page Figure /Table 5 -5 5 -6 5 -7 5 -8 5 -9 5 -10 5 -11 5 -12 5 -13 5 -14 5 -15 5 -16 5 -17 5 -18 5 -19 5 -20 5 -21 5 -22 5 -23 25 26 27 28 29 30 31 32 1 2 5 -24 3 5 -25 4 5 -26 5 5 -27 5 -28 5 -28 March 12th, 1997 Section 6. 1�11�J TABLE OF CONTENTS (Continued) Title Page Figure /Table Cost Estimates and Analysis ........... 6 -1 6 -2 Roadway Landscape Development Cost Coronado Parkway ..................... 6 -3 6 C.R. 951, South ..................... 6 -4 7 Part "A" (Golden Gate Canal to Golden Gate Pkwy.) 6 -5 8 Part "B" (Golden Gate Pkwy. to Green Blvd.) Golden Gate Parkway, East ............ 6 -6 9 Green Boulevard ...................... 6 -7 10 Hunter Boulevard ..................... 6 -8 11 Lucerne Road ......................... 6 -9 12 Santa Barbara Boulevard, North ....... 6 -10 13 Sunshine Boulevard ................... 6 -11 14 Tropicana Boulevard .................. 6 -12 15 7. Phasing and Funding Schedules ............7 -1 Golden Gate Beautification Master Plan Five Year Roadway Phasing and Funding Schedule .... ............................... 7 -2 16 Collier County Transportation Services Golden Gate Community Landscape Median Priorities . ............................... 7 -3 17 8. Funding Sources Analysis .............. 8 -1 Public Sector Funding 8 -2 Private Sector Funding 8 -3 9. Traffic Calming and Management ....... 9 -1 9 -2 10. References .............................. 10 -1 10 -2 (T -5) March 12th, 1997 TABLE OF CONTENTS (Continued) Section Title Ibil %,I Page Figure Table 11. Appendix: A. Master Plan Graphic Elements Typical Roadway Landscape Plans Type I through Type VI Roadway Median Map Pedestrian / Bicycle Facilities Map Study of Water Resources for Irrigation Purposes Map B. Grant Information Urban & Community Forestry Grant I.S.T.E.A. Federal Grant C. Golden Gate Beautification M.S.T.U. Ordinances D. Collier County Transportation Services Design Guidelines E. Collier County Pathways Work Program FY 95/96 -FY 99/00 F. Golden Gate Community Roadways Beautification Attitude Survey and Results G. Golden Gate Parkway, East Roadway Landscape Grounds Maintenance Specifications (T -6) March 12th, 1997 1� 1 PARKS AND RECREA TION AD VISOR Y BOARD April 16, 2003 b @ljq@ Golden Gate Community Park bonning� _ Wow I. CALL TO ORDER II PLEDGE OF ALLEGIANCE TO THE FLAG III. INVOCATION IV. APPROVAL OF MINUTES V. AWARD - none VI NEW B USINESS A. Sam Welborn B. Model Airplane Group C. Budget Update — no insert VII. OLD BUSINESS — no inserts A. City of Naples Interlocal Agreement VIII. SPECIFIC UPDATES - (no inserts) A. Livingston Woods B. North Naples Regional Park C. Golden Gate Community Center D. Isle of Capri IX. REPOR TSIUPDA TES A. Monthly Report — no insert B. BCC Recap C. Special Event Calendar D. Parks Update E. Recreation Update CorrErs. F. Adopt A Park X. MEETING SCHEDULE Date: XI. MEMBER/ADDRESS LIST topics To: 1611'] . MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING East Naples Community Park March 19, 2003 Present: John Ribes, Chairman Ski Olesky, Vice - Chairman Chuck McMahon Mary Ellen Rand Absent: Jeff Brown John MacDougall Frank Donohue Staff: Marla Ramsey, Director Joe Delate, Sr. Project Manager Steve Whittier, Recreation Manager James Fitzek, Operations Manager Murdo Smith, Beach and Water Superintendent Amanda Oswald, Operations Coordinator Barbara Johnson, Sr.. Admin. Assistant Others: Janet Mullin, City of Naples Chris Oberg, Fiscal Representative Katherine Whittier, Administrative Secretary I. Call to Order by John Ribes, Chairman U. Pledge to Flag III. Invocation IV. Approval of Minutes — Minutes of last meeting approved V. Awards: Chris Oberg, Fiscal Representative Katherine Whittier, Administrative Secretary Changes to the Agenda: Added under New Business: C. FBIP Grant — Goodland VI. New Business 1 A. City of Naples TDC Request — Lowdermilk Park Janet Mullin, City of Naples, spoke about the project taking place at Lowdermilk Park which has been in progress for approximately 2 '/2 years. The original plan was to remodel the concession building/restrooms, bringing it up to code and compliance with ADA, but upon a further engineering analysis of the project, permit applications, etc., it was determined it would be more cost effective to replace the structure. An application was applied for a TDC grant in the amount of $216,425. At this time the City is preparing an additional request for TDC monies in the amount of $150,000. The additional request was approved by TDC but has not yet gone before PARAB or BCC. MOTION by Chuck McMahon — Make a motion $150,000 additional funds needed for replacement of Lowdermilk concession building be approved. Motion was seconded by Ski Olesky and passed 4 -0. B. Tradewinds Tradewinds is a non profit group who accept donated boats, sell them at an auction and use the money for funding different programs for the special needs population. The group is willing to offer us boats, equipment and training, as well as providing a lift to get the disabled in and out of the boats, plus 50% of the cost of each coach to help with the classes. Tradewinds had been helping with a program at Naples Landing which did not result in meeting the desired expectations of the group. Because the Learn to Sail program has been so successful and growing so rapidly, Tradewinds offered their assistance to our Department. The Learn to Sail program was started for students of the After School program at East Naples Community Park with emphasis on behavior modification. At the present time the classes for the East Naples participants and the special needs group are being held on separate days. The Agreement is now at the attorney's for review with no anticipated modifications. Motion by Ski Olesky to accept the agreement with Tradewinds as is, or the agreement as it may be amended by the County Attorney. Seconded by Mary Ellen Rand. Motion passed. C. FBIP Grant — Goodland Because permitting issues and construction dates of this site do not coincide, the process needs to accelerate. To begin the process, an application for FBIP money will be submitted for designing the site. The grant cycle will close April 10`h, notification of result will be in June, and funds will become available in July. The request is for design fees at this time due to the time period required for modification ►a 1' �f1 of the existing permits transferred from the former - owner. FBIP is so more receptive to awarding construction dollars if design dollars have previously been awarded. The application will ask for $50,000 and the County will match that amount for designing that particular site. Motion by Ski Olesky: Proceed with grant application for design phase for the Goodland site. Chuck McMahon seconded. Motion approved. VII. OLD BUSINESS: A. Boat Launch and Beach Access Workshop (BCC Workshop 3/12/03) Although the time frame allowed for the presentation at the workshop with BCC was relatively short, it was obvious that the lack of both boat ramp parking and beach access parking was recognized. Our Department was given the direction to bring back a package stating what it would take to fix the situation with an attempt to determine the funding, which is the largest issue. At the present time there is no dedicated source of funding for this type of land purchase. The next step will be to put together a realistic list of projects by priority and the way to get the end results over a possible 5 to 10 year period. Many people attending the meeting were in favor of having the 1:150 LOS for beach parking, but not in favor of adopting it. If a LOS is in the Growth Management Plan, it becomes a mandate and must be met. Some creative planning will need to take place — TDC money is not available for boat ramp related items. Marla Ramsey, Director, is traveling to Tallahassee to speak to the State representatives of Collier County regarding FRDAP projects. Over a period of time the Department has used this resource extensively for funding; presently the State is preparing to cut funds available for FRDAP disbursement. Chuck McMahon is also going to speak to legislators in Tallahassee and will speak to his contacts there. Commissioner Coletta suggested the Department make an aerial video of all the beaches on a busy day to indicate where people congregate. The best time is right now, in season, on a Sunday. Immokalee Airport — waiting for appraisal of two pieces of property. B. Interlocal Agreement Beach Access Staff was directed to pay a fair share of the City's beach maintenance expense in return for the privilege of the unincorporated County residents parking free at the City beach locations. Various formulas were used and the final one was the comparison of beach stickers vs. parking spaces — unincorporated area vs City of Naples. This resulted in 83.7% of the expenses to be paid by the County. The one remaining factor is language for insuring the City budget that is presented to the County includes a level of service but does not include items not directly related to maintaining the K beaches and beach parking. i.e. City other City parks, locations, etc. The safety and cleanliness services provided. C. TDC Application — lcil '1 interpretive programs, staff also working at County is concerned only with the security, The application submitted for Beach Maintenance may not be legally eligible for TDC funding. County legal opinion is that although day to day maintenance of the beaches and parking facilities is necessary, this operation is not directly TDC related. Maintenance is currently eligible after a storm or renourishment project and the Department may be able to get reimbursed for red tide cleanup. Research is being conducted to determine if any other municipality /location in the State has the Attorney General's opinion or a case study relating to this subject. The Department is not currently raking, but grooming, the beaches. This method leaves more shells on the beach which could result in less required renourishment. VII. SPECIFIC UPDATES A. Livingston Woods Staff was instructed to send out another survey (4th) to all homeowners. Before the document is sent it will be reviewed by the two factions for language and survey boundaries. If a consensus cannot be reached, Commissioner Henning will decide. This survey will include a folio number so duplications cannot be submitted, although the recipient will not have to sign the document. One application will be mailed to each household. B. North Naples Regional Park In order to reduce costs, the architect proposed that concession buildings be reduced to one story instead of two — supposedly a savings of $750,000, plus an $18,000 redesign fee. Staff thought that the architect may be of the opinion that square footage would be eliminated but that is not the case. There would be some savings as no elevator, or staircase would be required and the roof design would different. Transportation is predicting the opening of Livingston Road from Immokalee Road to Pine Ridge Road in June next year. The medians will use 10,000 yards of available fill and FPL may also use some of it. The Department would like to use some of the fill for areas where the berm will be constructed but have received receive no confirmation this will be allowed. Potentially the earliest the site development plan will be approved would be July, the Corp permit has not been received, Kraft is working on refined figures, and then the item will have to go BCC for approval. BCC does not have a meeting scheduled for the month of July. At the scheduled meeting tomorrow these items, the roof design, . pool figures, etc. will be discussed. 4 1611 '; C. Golden Gate Community Center Still no building permit has been issued due to confusion in another office about Lodge having two different projects going on at the same time with different engineers. Consultant fees are rising due to the number of reviews necessary to obtain permits. D. Isle of Capri A plan of the site was displayed. Once the plan is approved the playground will be installed — expected date of installation is May 19th. Bids are in on the sidewalk construction, trees, fence and sign and the park should be ready for grand opening in July. The County developed criteria on how to approve plans for a neighborhood park and will allow a conceptual plan submittal without going through the SDP if no building permits are required. A site improvement plan will be submitted. IX. REPORTS/UPDATES A. Monthly Report. February 2003 beach revenue has increased in comparison with last February's. Impact fee revenues are down $200,000 from the projection, and if this rate continues will be down half a million dollars for the year. This reduction would substantially affect the capital budget. B. BCC Recap -no comments C. Special Event Calendar — Spring Break Regatta will take place at Sugden on Saturday, April 12th. Participants will have two hours to use their creative ability to construct a working boat from cardboard and duct tape. Prizes will be awarded to the three fastest teams for maneuvering their boat around a buoy 250 feet out into the lake and back to shore without sinking. There will be three divisions — Corporate, Civic, and Family — life jackets will be required. Other children's activities, entertainment and food vendors will also be part of the event. D. Parks Update *Golden Gate Community Park Walkway — nothing new *Exotic Removal — continues *GG Community Center — 2 shelter permits issued — slab been poured for sidewalk and skatepark. The contractor wishes to turn over the project in pieces — Department may not prefer this method of acceptance. *Barefoot Boardwalk — complete *Tigertail Beach access area — completed inhouse *Willoughby Acres — right of way permit issued. Site improvement plan submitted including basic plan, sidewalk, playground, benches, trash cans, mulch trail, and landscaping. 10"I"11 '1 *Immokalee Airport Park — 99% complete. Punch list done yesterday. Playground needs to be installed. *East Naples Soccer — Plans 60 -90% complete *Manatee Phase I — plan has been received and will be brought to next meeting. Start construction in October. *951— hiring firm for design, permitting for expansion *Boat Ramp Repairs — PBS received permits for work at Caxambas and 951. Ramps will need to close for a short period of time. *Caxambas Fuel Spill — work started on ground cleanup *Bayview — Architect talking to City regarding required permits. This project will be mainly building renovations. *Veterans Parking Lot — Rover Run — meeting scheduled with Wilson Miller to determine what County wants. *Eagle Lakes Community Park — maintenance building design complete. Need to obtain proposal for water play area from vendors. *Schools — Lighting bids for Martin Luther King and East Naples Middle School came in too high — need to rebid. *Vanderbilt Beach Access — starting work on access next to Mansions. *Goodland Site — had a cleanup party and removed exotics and trash with help from some inmates and volunteer staff. Low spots retaining water will be filled. A donated fence will help prevent illegal dumping on the site. *EN Soccer field — Storm Water Management dug out and extended a ditch in the rear of Sugden Park and has been trucking the fill to the ENCP site. This action will keep the existing permit from expiring. E. Recreation Update — Rec Guides will available next month. Summer Camp plans going well. F. Adopt A Park — Chuck McMahon — The parks look great and the restrooms are neat and clean. Coaches, kids and families are having fun at Max Hasse. A nice feature is having the playground in close proximity to the ballfield. Staff did a fantastic job hosting the Country Jam and appreciated seeing Commissioner Coletta in attendance. The parking lot accommodated 2,240 cars on Saturday. John Ribes will write a letter to the Commissioners for PARAB members' signature in favor of continuing to hold this event annually. The amount of space available for carnival rides, as well as the time of year the event is held, limit the options for obtaining quality carnival rides; however, all rides are routinely inspected by safety officials. Attendance at the event was estimated at 1,600 Friday evening, Saturday 4,500, and Sunday 2,300. The approximate dollar amount taken in was $110,000 vs the Department predictions of $130 to 135,000. The next meeting will be held at Golden Gate Community Center, April 16, 2003. Meeting adjourned at 4:35 pm. T Fiala Halas Henning Coyle Coletta 1511'1 COLLIER COUNTY CORPS ADVISORY COMMITTEE Work Shop of March 27, 2003 Meeting was called to order by Carol Pahl, Chair Present: Walter Jaskiewicz, Coast Guard Auxiliary Tom Kuznar, Civil Air Patrol Robert Rohland, Salvation Army Dr. Manfred Borges for Dr. Marta Coburn, Medical Examiner Joni Vander Till for Nelda Miller, CERV Deborah Horvath, American Red Cross Non - voting attendance: Marlene Foord, Grants Coordinator Lee Van Gelder, Sheriff's Office Kady Arnold, Communications & Customer Relations Rick Zyvoloski, Emergency Management Ken Pineau, Emergency Management Peter Hargadon, Civil Air Patrol Douglas Porter, Civil Air Patrol Joe Irene, Neighborhood Watch Norm Taylor, Civil Air Patrol Stuart Wiles, CERT Debbie Wight, County Manager's Office Work Shop is to formulate ideas to disseminate terrorism preparedness information to the general public, raise their awareness and participation per the County Manger's request. Suggestions put forward: Use the local newspapers that serve specific areas, not just the Naples Daily News. Can be used for preparedness information and information on volunteering. A Sunday insert in the Naples Daily News. Some of the terrorism preparedness information is included in the annual All Hazards Guide distributed by Emergency Management. Information inserted with the County Water Bills. Use RSVP volunteers to deliver written information to various org a* gind use volunteers as contacts for additional information. Dxa: 1611 Use members of the Greater Naples Chamber of Commerce to distribute information on designing a business disaster plan. Distribute to all businesses, not just Chamber members. Prepare a simple, one sheet handout to be distributed at County Government Days, Coastland Mall, with very basic preparation information and sources of additional information. Reference: Websites, sources of additional information & volunteer organizations. Work to get media cooperation to help highlight the seriousness of the situation and broadcast preparedness information / plan. Use the County's Communication & Customer Relations Department to put together an overall news release about emergency preparedness — hurricane, wild fire, homeland security and how the various agencies interact. We are currently working with Emergency Management on this. Pull together all the preparedness information provided by the various organizations. Use the County's Channel 11 and showcase the Citizens Corps & its agencies. Perhaps several shows spread out over several months. Channel 11 has already scheduled a "County Highlights" show. The TV shows do take quite a bit of time to put together. A program similar to the Sheriff's Citizen's Academy. Perhaps use CERT or Neighborhood Watch to pass out preparedness information. Meeting adjoined. 2 111 COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE MEETING OF: MARCH 20, 2003 The meeting was called to order by Carol Pahl, Chair. Voting Members Present: Voting Members Absent: Carol Pahl, Chair Robert Burhans, Vice Chair James Elson Deborah Horvath Walter Jaskiewicz Tom Kuznar Nelda Miller Chief Donald Peterson Robert Rohland Gerald Sugarman Charles Graves County Manger remarks: County Manager Jim Mudd addressed the meeting. The Citizens Corps has an important role in informing the public of steps they can take to make themselves and their communities safer. Citizens Corps should be voice to Collier County spreading information concerning the threat of terrorism and the actions the public can take. A good information awareness program can be of great help in protecting the public. Government has plans for their facilities, but business and the public need to have a plan. What are the things that county residents can do in -order to prepare themselves for potential attack including economic attack? What precautions can the normal citizen take to protect themselves and how do we get the message out? This is the task he is asking for the Committee's help. The resources of the County are available to help the Committee educate the public to understand the threat, to understand the actions they should take, and to come up with ways to get this across to the public. The County Manger wants a strategy for a public information plan to help fill the information gap and for one or two people from the Citizens Corps to be part of an inter - active information forum to be shown on a regular basis. Some suggestions from the members: Newspaper articles, available websites, Public Service messages on radio / TV — Channel 11 and local stations, All Hazards Guide, work with Communications & Public Relations Department. _Approval of Minutes: Motion, Second and vote to approve minutes of the February 20, 2003 meeting. Threat Update: James von Rinteln, Emergency Management provided hand -outs concerning the current threat assessments. 1:,11'1 Suggestion was made to form some sort of a "warden" type system whose members would know what to do in certain circumstances. The CERT and Neighborhood Watches are the organizations best suited to address this suggestion. New Business: CERV, Nelda Miller CERV - Collier Emergency Response Volunteers is a countywide volunteer organization to provide volunteers and donations during the recovery operations after a disaster. Will coordinate and collaborate with social, charitable, religious and governmental organizations. Members include religious groups, Red Cross and Immokalee Friendship House and is an arm of the Collier County Emergency Management department. CERV's lead organization is the Florida Commission on Community Service. CERV volunteers utilize their skills, such as medical, communications, office support, transportation, labor, construction or child care, animal care and other service. CERV volunteers care about their community and the public. RSVP, Sharon Downey RSVP — Retired Senior Volunteer Program is an opportunity to give back to the community. Volunteers are 55 or older with a desire and the time to volunteer. Seniors and others who volunteer live longer and healthier lives with a focus and a purpose. RSVP contracts with all of the different non - profit organizations. RSVP matches the needs of the volunteers with the needs of these organizations. Volunteers are kept informed by a quarterly newsletter, and participate in 2 annual appreciation luncheons. Our Immokalee Program, a tutoring program, has won a national award. The program is sponsored locally by Collier County, is funded by the Federal Government and last year supplied over 100,000 volunteer hours. Civil Air Patrol, Tom Kuznar The Civil Air Patrol, a voluntary organization, is part of the US Air Force Auxiliary. It provides over 85% of inland searches for the US Air Force — downed aircraft, missing boats, etc. Provide disaster relief for the County & State, transport time sensitive materials, provide damage assessment, assist Federal agencies, the Sheriff's Office and the Coast Guard. Conduct orientation flights and train cadets. Currently are flying security patrols for Cape Canaveral and flew patrols after 9111. Ready 24 —7 to assist. Old Business: Marlene Foord, Collier County Grants Coordinator handed out information on grant programs that may be appropriate for Citizens Corps or its member organizations. Collier County has submitted a grant application on behalf of the Citizens Corps and should know in April if the application has been approved. Jim von Rinteln reminded the members that he still needs the information on how and what your organizations will respond to the various threat alert levels. 2 Other Issues: Sheriff's Office will give an orientation at next month's meeting. The next Citizens Corps meeting will be held at the Civil Air Patrol hanger at the Naples Airport on April 17, 2003 at 3:00 pm. Dr. Coburn suggested a workshop to coordinate with the County the public information plan requested by the County Manager. Workshop scheduled for Thursday, March 27, 2003 at 4:00 in the E.O.C. Motion, second and vote to adjourn meeting. N f 1611 '1 Citizen Corps Advisory Committee Agenda March 20, 2003 3:00 Pledge of Allegiance Chairman - Opening Remarks -Roll Call 3:05 County Manager Remarks County Manger 3:15 Approval of Minutes Chairman 3:20 Threat Update Emergency Management 3:30 New Business Chairman - Orientation Briefings CERV — Nelda Miller • RSVP — Sharon Downey 3:50 Old Business Chairman • Grants Update — Marlene Ford, Collier County Grant Coordinator • Alert Level review (green, blue, yellow, orange, red) 4:00 Other Issues 4:15 Next Meeting/Adjourn Chairman (April 170' @ 3:00pm) 1611' I Collier Emergency Response Volunteers Collier Emergency Response Volunteers (CERV) evolved as a volunteer organization on a county wide basis to organize and provide volunteers and donations during recovery operations after a disaster. CERV volunteers will coordinate assistance to disaster survivors during the primary recovery stage. CERV will coordinate and collaborate with social, charitable, religious and government organizations. Members include religious groups such as Catholic Charities, Emmanual Luthern Church, Moorings Presbyterian, Marco Luthern, Marco Church of God, Jewish Family Services, Temple Shalom, Salvation Army, and St Vincent de Paul. Some of these are individual church congregations, as well as the Red Cross and Immokalee Friendship House. CERV is an arm of the Collier County Emergency Management Department. The Florida Commission on Community Service is the lead organization for this function under 1993 legislation enabling and establishing the Comprehensive Emergency Management Plan for the state. As a CERV volunteer you will be needed to utilize your skills, such as medical, communications, office support, transportation, labor, construction or service (food, child care animal care, search and rescue and many more areas.) To become a Cery Volunteer there is a disaster volunteer form to fill out and a questionaire about your organizations ability to help in a disaster. It's a good feeling we have about this volunteer group because the people involved do it because they care about their community and their country. FLORIDA DEPARVAFNT OF Community Affairs lorid Division of Emergency Mflit j Daily Status Briefing For the Day of: March 20, 2003 Reporting period: 0800 hrs 03/19/03 through 0800 hrs 03/20/03 I. Weather A. State Forecast for Florida R1J 3 li Slo81tStNr. Watches nci Warnings: R -per Flood Y / Yawl g st b'j i� s j <<�er i�d`c1 Gler�t �f, r'�L# l lca l `i f i +i-i� 129 Bridge and Three Rivers Estates F'J ie ! St. ��11_�ia . ��, f �� �. rkia,� 09 t Su,,,vai -ioee River at Ellaville, Wilcox, 1,.1lhite .Spfjngs and i ranf #jrd. STATE FORECAST FOR FLORIDA — from the National Weather Service Office Miami Tonight - Partly cloudy with scattered showers and thunderstorms north ... some possibly severe northwest. Lows in the upper 50s to the lower 60s west panhandle to the mid to upper 60s elsewhere north to the mid to upper 70s south. Thursday - Partly cloudy. Scattered showers and thunderstorms north and central. Isolated showers or thunderstorms panhandle and south. Highs in the upper 70s panhandle... lower 80s northeast and the upper 80s central and south. Thursday night - Partly cloudy except mostly cloudy northeast. Scattered showers and thunderstorms north and central. Isolated showers or thunderstorms panhandle and southeast. Lows in the upper 50s panhandle to the upper 60s northeast... lower 70s central and the mid 70s south and the upper 70s in the Keys Map of Impacted Area 1011'1 River — Location Flood Observed — Forecast East. Equine Encephalitis Stage 0 0 West Nile Virus Feet Feet March 20 March 21 March 22 Apalachicola — 15 16.5 (Rising) 17.75 16.75 16 Blountstown (Falling) Fallin (Failing) Ochlockonee - Havanna 25 25.25 (Steady) 25 (Steady) 25 (Falling) 24.4 (Falling) Chi ola - Altha 19 St. Marks —New Port 7 7 (Steady) 7 (Steady) 6.9 6.8 (Failing) (Failing Aucilla - Lamont 9 11 (Steady) 11 (Steady) 10.8 10.4 (Falling) (Failing Suwannee — Ellaville 27 55.2 (Falling) 55 (Falling) 54.8 54.4 (Falling) (Failing) Santa Fe - Hildreth St. Mary's - MCClenny 12 14.5 (Steady) 14.4 14.3 14 Stead (Failing) (Steady) North Fork Black Creek Note: Red indicates Kiver Kisrng Q Lim- porrinite WAathar Ontlnnk Y• ■fALM. Mvww -- Florida — Nothing to report Regional — Nothing to report _ ll. Arbo -Virus Arbovirus Diseases - Human Cases I --rATI IC. Id- wi.w NNA Disease New Cases Total Cases Fatalities East. Equine Encephalitis 0 0 0 West Nile Virus 0 0 0 St. Louis Encephalitis Virus 01 0 0 This chart is representative of data couecteo Tor the 2003 caienuar yeas. DOH Health Alerts STATUS — No change Ill. Terrorism A. Homeland Security Threat Level A High Condition is declared when there is a high risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the agency- specific Protective Measures that they will develop and implement: Page 2 1 - Coordinating necessary security efforts with Federal, State, and local law enforcement agencies or any National Guard or other appropriate armed forces organizations; - Taking additional precautions at public events and possibly considering alternative venues or even cancellation; - Preparing to execute contingency procedures, such as moving to an alternate site or dispersing their workforce; and - Restricting threatened facility access to essential personnel only. B. Reported Events Event Type Suspicious substances /I Bomb Threats Reports in last 24 hours I Reports since 14 11, 2001 10,388 151 Incident #: SWP030319 —1741 Flagler County SO responded to a suspicious device attached to a street sign. A "few dozen homes and a church" were evacuated. The St. John's County bomb squad responded and took the device into custody for disposal. The device was described as an electrical part, possibly from a transformer. No injuries or detonations reported. Incident #: SWP030319 —1726 Columbia County reported that a collection agency in Lake City received an envelope /card with an unknown gray powder, like cigarette ash, inside. There was no specific threat associated with the material. LCFD responded. FL DOH will send the material to their Jacksonville Lab. No injuries or evacuations reported. No assistance requested. Incident #: SWP030319 —1722 TPD responded to a report of a phoned -in threat to the Caldwell Building, stating there was a bomb inside. An unknown person(s) activated the fire alarm and the building has been activated. TPD is handling the incident; no assistance requested. Update 10:47: The correct building name is the Carlton Building. Update 11:45: TPD is still searching the building; nothing found yet. Update 13:47: The scene was cleared; no device located. /- em mr-i -ml GV 'anto .....+ ��..�... ....What Where Date Time Spring Break — College and Public School Statewide March - April All day Miami Fair and Exposition Miami March 13 — 31, 2003 All Da NBA Basketball Orlando vs Clevand Orlando March 21, 2003 7:OOPM NBA Basketball Miami vs Toronto Miami March 21, 2003 S:OOPM NHL Hockey Florida vs Ottawa Ft. Lauderdale March 22, 2003 7:30PM NCAA Basketball regional Tournament St. Petersburg March 21 — 23, 2003 TBA NBA Basketball Miami vs Orlando Miami March 23, 2003 6:OOPM NHL Hockey Florida vs New Jersey Ft. Lauderdale March 24, 2003 7:30PM NBA Basketball Orlando vs Memphis Orlando March 24, 2003 7:OOPM D. Terrorism News State City officials share concern over county's terrorism plan Several municipal leaders expressed concern Wednesday about Miami -Dade County government's lack of explicit planning documents telling them what to do if a Sept. 11 -type catastrophe were to occur -- although none found cause to panic. Page 3 1611 "j 'Our best defense is to be prepared' Though the possibility of a terrorist attack in North Florida might seem remote, people who haven't prepared for the worst should start doing so now. Lawmakers, Governor Prepare for Attack TALLAHASSEE, Fla. (AP) - Lawmakers and Gov. Jeb Bush were forming plans Wednesday on how they would continue running the state or leave the Capitol should it come under a war - related attack. Regional Nothing to report. National U.S. Battens Down Under Heavy Security America Battens Down Under Heavy Security As War With Iraq Begins In the Arizona desert, National Guard troops clad in camouflage and toting M -16 rifles conducted round - the -clock patrols at the nation's largest nuclear power plant. On the waterways of Oregon, Coast Guard speedboats scanned riverbanks for any sign of something sinister. World U.S. Troops Raid Afghanistan for al -Qaida About 1,000 U.S. Troops Raid Villages in Southeastern Afghanistan, Searching for al -Qaida About 1,000 U.S. troops launched a raid on villages in southeastern Afghanistan Thursday, hunting for members of the al -Qaida terrorist network in the biggest U.S. operation in just over a year, military officials said. Kenya police detain all Qaeda suspect NAIROBI, Kenya (AP) -- Kenyan police are holding a suspected member of the al Qaeda terrorist network who was captured with the help of unidentified Somalis, the minister of national security said Wednesday. E. Significant Events March 2003 Sunday Monday Tuesday Wed Thum Friday Sat 16 _ 17 18 19 20 21 22 03/16/1988 03/17/0000 03/20/1995 Iraq Ireland, United Japan Halabja Chemical Kingdom, United_ Tokyo Subway Weapons Attack States Sarin Gas St. Patrick's Day Attack 23 24 25 26 27 28 29 03/24/1986 03/25/1932 Libya Iraq U.S. Sinks Libyan Independence Patrol Boats Da 30 31 Page 4 G. C Y ber Terrorism 1611 Link to information regarding home computer security: hftp://www.cert.orq/homeusers/HomeComr)uterSecurity/ Cybercriminals threaten economic, personal safety Michigan's computer community is at war -- a cyberwar against organized gangs of computer criminals who are attacking businesses, government agencies and financial and medical institutions. "It's happening almost every hour," said Dan Lohrmann, chief security officer for the state Department of Information Technology. "Whether it's from hackers or hostile governments or terrorists, the economic and safety risks are huge." H. Chem - Bio Nothing to report IV. Wildland Fire A. Fire Weather Fire Weather Watch — None issued Red Flag Warning — (5 Counties) Lake, Volusia, Osceola, Orange and Brevard C I B. Bi- Weekly Fire Weather Forecast - from the Division of Forestry - published on Mondays or as weather conditions require. C. Keetch - Byram Drought Index - Link to map STATUS: No change _rrr r__ -%Affl -A Statewide Average: i i i a Increase of 1 -r from WWWO KBDI over 700 - None KBDI over 600 -None KBDI over 500 — None Page 5 esday KBDI - Mar 19, 2003 e RET UHT+ FM 0 I 700 :,.�00 800*';• >, 000 D. US Drought Monitor Florida was not mentioned in this week's drought summary. http://www.drought.uni.edu/dm/monitor.htmi E. Wildland Fires - Link to report STATUS: No Change 1;;11'1 U.S. Drought Monhof MarchL11,2003 DIIHI oola, W/Gnoi�DY Dnao••T •.xs _v I0.H1 a.a D1 DIaupIH.lodwm ""n0^nWmIY(wapl. paaw�a,. D M- -Ba�.a a Ip N a�ebya�in na�n D:.:.m. Ipe UIDA R.I."od TWnday, ldarch 17, 2007 u IITp:!i301pML11LaluiJln V. Other FBI: Hijacked Cuban Plane Lands in Fla. Hijacked Cuban Jet Lands in Key West, Fla., Under U.S. Fighter Jet Escort, FBI Says A Cuban airliner landed safely at Key West International Airport after six hijackers, some wielding knives, forced the crew to divert the flight from its original destination of Havana, U.S. authorities said. Incident #: SWP030320 —1753 Bay County reported a power outage in the Fountain area. Also trees down and other light damage due to high winds. No injuries, displacements or flooding reported. Incident #: SWP030320 —1751 Caller reported a possible tornado touchdown in the Grand Ridge /Cypress area. The Jackson Co SO has confirmed report of a mobile home knocked off it foundation (inj /displacements unk) at 6550 Hwy - 90, Grand Ridge. County teams area investigating the area for damage. Power outage reported in Marianna. UPDATE: 3 people have been injured. Power outages throughout the area. Some telephone poles along Hwy -90 have been knocked down. UPDATE: 2 mobile homes destroyed. No fatalities reported. Jackson County EM request Red Cross to contact FDEM Area 1 Coor. 03/20/2003 :00518hrs: In route to Jackson County. Reported that one person has been transported to the hospital. Page 6 Fires Reported Acres Burned Fire Districts of Concern Daily 4 2.2 Monthly 60 1060.4 Year to Date 671 5525.2 V. Other FBI: Hijacked Cuban Plane Lands in Fla. Hijacked Cuban Jet Lands in Key West, Fla., Under U.S. Fighter Jet Escort, FBI Says A Cuban airliner landed safely at Key West International Airport after six hijackers, some wielding knives, forced the crew to divert the flight from its original destination of Havana, U.S. authorities said. Incident #: SWP030320 —1753 Bay County reported a power outage in the Fountain area. Also trees down and other light damage due to high winds. No injuries, displacements or flooding reported. Incident #: SWP030320 —1751 Caller reported a possible tornado touchdown in the Grand Ridge /Cypress area. The Jackson Co SO has confirmed report of a mobile home knocked off it foundation (inj /displacements unk) at 6550 Hwy - 90, Grand Ridge. County teams area investigating the area for damage. Power outage reported in Marianna. UPDATE: 3 people have been injured. Power outages throughout the area. Some telephone poles along Hwy -90 have been knocked down. UPDATE: 2 mobile homes destroyed. No fatalities reported. Jackson County EM request Red Cross to contact FDEM Area 1 Coor. 03/20/2003 :00518hrs: In route to Jackson County. Reported that one person has been transported to the hospital. Page 6 y 03120/2003:0622hrs: A 3rd mobile home on Nobles Rd is repo a a d. Thi' mobile home is either heavily damaged or totally destroyed. Jackson EM will inspect the scene once he is finished with the first scene. 03/19/03: A total of 3 mobile homes are destroyed. 6 homes have sustained minor to major damages, and more are being discovered at this time. Several roadways have been affected as well. 1 confirmed injury (total). 1 subject (total) being seen at a local hospital, but no known injuries sustained. Incident #: SWP030319 —1740 VCSO is responding to reports of homes damaged due to a possible tornado touchdown in Deland. Emergency personnel are responding to the area to evaluate the extent of the damages. UPDATE 2300 - A total of 9 homes were damaged at the below addresses due to trees /limbs falling. A total of 12 small fires were started either by lightning strikes or downed power lines. There were no injuries or displacements reported. No state assistance was requested. Page 7 Florida Division of Emergency Management '1 Homeland Security Advisory System (HSAS) L Q 1 ELEVATED W&WcsM Risk of Terrorist Att"ks Homeland Security Advisory System Purpose The purpose of this checklist is to provide general information on the actions and planning recommendations for all State Agencies, the Public, Local Governments and the State Emergency Operations Center (SEOC) in response to changes in the Homeland Security Advisory System (HSAS). These recommendations are general and each agency will need to determine specific requirements for their own situation. General The Homeland Security Advisory System was designed to provide a comprehensive means to disseminate information regarding the risk of terrorist acts to federal, state, and local authorities and to the American people. This system provides warnings in the form of a set of graduated "Threat Conditions" that increase as the risk of the threat increases. At each threat condition, federal departments and agencies would implement a corresponding set of "Protective Measures" to further reduce vulnerability or increase response capability during a period of heightened alert. Although the Homeland Security Advisory System is binding on the executive branch, it is voluntary to other levels of government and the private sector. The State of Florida has adopted the Homeland Security Advisory System. There are five threat conditions, each identified by a description and corresponding color. The greater the risk of a terrorist attack, the higher the threat condition. Risk includes both the probability of an attack occurring and its potential gravity. The US Attorney General in consultation with the Secretary of the Department of Homeland Security assigns threat conditions. Threat conditions may be assigned for the entire nation, or they may be set for a particular geographic area or industrial sector. Assigned threat conditions will be reviewed at regular intervals to determine whether adjustments are warranted. The below listed tables are recommended actions: 3/17/03 Florida Division of Emergency Management g �1 Homeland Security Advisory System (HSAS LOW - GREEN SERT ACTION RESPONSE STEPS DURING PERIODS OF GREEN -LEVEL HEIGHTENED ALERT Low Condition (Green). This condition is declared when there is a low risk of terrorist attacks. Departments and agencies should consider the following general measures in addition any agency- specific Protective Measures they develop and implement: Recommended Federal Actions ➢ Refining and exercising as appropriate preplanned Protective Measures; ➢ Ensuring personnel receive proper training on the Homeland Security Advisory System and specific preplanned department or agency Protective Measures; and )0- Institutionalizing a process to assure that all facilities and regulated sectors are regularly assessed for vulnerabilities to terrorist attacks, and all reasonable measures are taken to mitigate these vulnerabilities. Members of the public can: • Continue to enjoy individual freedom. • Participate freely in travel, work and recreational activities. • Be prepared for disasters and family emergencies. (See American Red Cross brochures.) • Develop a family emergency plan. (See American Red Cross brochures.) • Know how to turn off your power, gas and water service to your house. • Know what hazardous materials are stored in your home and how to properly dispose of unneeded chemicals. • Support the efforts of your local emergency responders (fire fighters, law enforcement and emergency medical service) • Whenever driving, be prepared to pull over and give right -of -way at all times to emergency vehicles en -route to an incident. • Know what hazards are prevalent in your area and what measures you can take to protect your family. Recommended State Agency Actions: ➢ Develop plans or review existing Plans and Standard Operations Guides ➢ Refine and exercise as appropriate preplanned Protective Measures. ➢ Ensure personnel receive proper training on the Homeland Security Advisory System and specific preplanned department or agency Protective Measures. ➢ Institutionalize a process to assure that all facilities and regulated sectors are regularly assessed for vulnerabilities to terrorist attacks, and all reasonable measures are taken to mitigate these vulnerabilities. ➢ Have staff develop their Family Preparedness Plans. ➢ Develop or review COOP plans. ➢ Conduct Homeland Security information and coordination meetings as required. 3/17/03 K, Florida Division of Emergency Management 6 1 1"l, Homeland Security Advisory System (HSAS) ➢ Encourage and assist employees to be prepared for personal, natural and technological emergencies. ➢ Develop a communications plan for emergency response and key personnel. ➢ Conduct training for employees on physical security precautions. ➢ Budget for physical security measures. Local Government recommended actions: • Identify critical facilities that may need protection. • Review Emergency Response Plans. • Conduct training, seminars, workshops and exercises using the emergency response plans. • Conduct emergency preparedness training for citizens and employees. • Encourage response agencies (fire fighters, law enforcement, EMS, public works and elected officials) to take emergency management and American Red Cross first aid and CPR training. • Provide emergency preparedness information to employees via paycheck stubs tips, newsletters, articles and posters. • Conduct routine inventories of emergency supplies and medical aid kits. • Budget for physical security measures. • Encourage programs for employee immunization and preventive health care. The SEOC will take the following immediate actions: ➢ Develop plans and Standard Operations Guides. ➢ Refine and exercise plans. ➢ Train SEOC /SERT Personnel in the HSAS and Protective Actions. ➢ Regularly assess the SEOC for vulnerabilities to terrorist attacks, and take reasonable measures to mitigate these vulnerabilities. 3/17/03 3 1 11`1 Florida Division of Emergency Management � Homeland Security Advisory System (HSAS) GUARDED -BLUE SERT ACTION RESPONSE STEPS DURING PERIODS OF BLUE -LEVEL HEIGHTENED ALERT Guarded Condition (Blue). This condition is declared when there is a general risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Condition, departments and agencies should consider the following general measures in addition to the agency- specific Protective Measures that they will develop and implement: Recommended Federal Actions ➢ Checking communications with designated emergency response or command locations; ➢ Reviewing and updating emergency response procedures; and ➢ Providing the public with any information that would strengthen its ability to act appropriately. Members of the public, in addition to the actions taken for the previous threat condition, can: • Update their disaster supply kit; Review their household disaster plan; • Hold a household meeting to discuss what members would do and how they would communicate in the event of an incident; • Develop a more detailed household communication plan; • Apartment residents should discuss with building managers steps to be taken during an emergency; and people with special needs should discuss their emergency plans with friends, family or employers. • Continue normal activities but be watchful for suspicious activities. • Report criminal activity to local law enforcement. • Be familiar with local natural and technological (man made) hazards in your community. • Increase individual or family emergency preparedness through training, maintaining good physical fitness and health, and storing food, water and emergency supplies. • Monitor local and national news for terrorist alerts. • Update immunizations. • Volunteer to assist and support the community emergency response agencies. Recommended State Agency Actions ➢ Continue all precautions from lower Threat Conditions. ➢ Check communications with designated emergency response or command locations. ➢ Review and update emergency response procedures. ➢ Provide the public with any information that would strengthen its ability to act appropriately. ➢ Ensure that key leaders are familiar with the emergency response and business resumption plans. ➢ Conduct monthly Homeland Security information and coordination meetings. ➢ Review, update and routinely exercise for functional areas of plans. ➢ Review and update the call down list for emergency response teams. 3/17/03 4 1 i � Division of Emergency Management 1 1 Florida D � cY Homeland Security Advisory System (HSAS) ➢ Develop or review Mutual Aid agreements with other facilities and/or with local government for use during emergencies. ➢ Review physical security precautions to prevent theft, unauthorized entry or destruction of property. ➢ Have you provided for: • Employee picture ID badges? • Background checks on all employees? c Access control and locking of high security areas at all times? o All security keys marked with "Do not duplicate? o Surveillance • Backup power? • An alarm system? Local Government recommended actions: • Continue all precautions from lower Threat Conditions. • Estimate the threat vulnerability of each critical facility and the countermeasures required to protect them. • Ensure that each department is familiar with their assigned responsibilities during a disaster as shown in the plan and are prepared to respond. • Review communications plans and ensure the call -down procedures are current and accurate. • Conduct emergency management training and exercise emergency response plans. • Ensure all emergency management and response functions are adequately staffed. Recruit and train volunteers to augment full time staff. • Actively support the Neighborhood Watch, Community Emergency Response Team (CERT), and Amateur Radio Emergency Service programs. • Remind citizen and employees to be alert for suspicious packages, activities, and vehicles and report these occurrences to the proper authority. • Secure buildings, unused rooms, storage areas, equipment and vehicles to prevent theft, tampering or destruction. • Evaluate information available on public websites that could compromise security. • Encourage all citizens and employees to have necessary immunizations. The SEOC will take the following immediate actions: ➢ Check communications with county, adjacent States and the Department of Homeland Security. ➢ Review and update emergency response, security and COOP plans and procedures. ➢ Prepare a media release with any information that would strengthen its ability to act appropriately. 3/17/03 5 Florida Division of Emergency Manageme %J 1, Homeland Security Advisory System (HSAS) ELEVATED - YELLOW SERT ACTION RESPONSE STEPS DURING PERIODS OF YELLOW -LEVEL HEIGHTENED ALERT Elevated Condition (Yellow). An Elevated Condition is declared when there is a significant risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they will develop and implement: Recommended Federal Actions ➢ Increasing surveillance of critical locations; ➢ Coordinating emergency plans as appropriate with nearby jurisdictions; ➢ Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures; and ➢ Implementing, as appropriate, contingency and emergency response plans. Members of the public, in addition to the actions taken for the previous threat condition, can: • Continue normal activities but be watchful for suspicious activities. Report criminal activity to local law enforcement. • Contact neighbors to discuss their plans and needs; • Check with school officials to determine their plans for an emergency and procedures to reunite children with parents and caregivers; • Update the household communication plan. • Review family emergency plans. • Increase family emergency preparedness by purchasing supplies, food and storing water. • Be familiar with local natural and technological (man made) hazards in your community. • Increase individual or family emergency preparedness through training, maintaining good physical fitness and health, and storing food, water and emergency supplies. • Monitor local and national news for terrorist alerts. • Update immunizations. • Volunteer to assist and support the community emergency response agencies. 3/17/03 6 Florida Division of Emergency Management Homeland Security Advisory System (HSAS) 1 1 Recommended State Agency Actions • Continue all precautions from lower Threat Conditions. • Announce Threat Condition ELEVATED to employees. • Increase surveillance of critical locations and facilities. • Coordinate emergency plans as appropriate with nearby jurisdictions. • Assess whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures. • Implement, as appropriate, contingency and emergency response plans. • Conduct bi- weekly Homeland Security information and coordination meetings. The SEOC will take the following immediate actions: • Increase surveillance of the SEOC locations and surrounding facilities. • Coordinate emergency plans with nearby jurisdictions Leon County, Alabama, Georgia and the Department of Homeland Security. • Assess whether the precise characteristics of the threat affect the SEOC and require the further refinement of preplanned Protective Measures. • Implement, as appropriate, contingency and emergency response plans to include COOP and COG. • Conduct periodic checks of off site (SEOC) locations. • Conduct weekly communications checks to ensure radio contact can be established. 3/17/03 7 Florida Division of Emergency Management nd Security Advisory S },r Homely ty ry System (HSA HIGH - ORANGE SERT Action Response Steps During Periods of Orange -Level Heightened Alert FEDERAL HIGH A High Condition is declared when there is a high risk of terrorist attacks. In addition to the measures taken in the previous threat conditions, departments and agencies will consider the following protective measures: Federal Recommended Actions ➢ Coordinate necessary security efforts with federal, state, and local law enforcement agencies, National Guard or other security and armed forces; ➢ Take additional precautions at public events, possibly considering alternative venues or even cancellation; ➢ Prepare to execute contingency procedures, such as moving to an alternate site or dispersing the workforce; ➢ Restrict access to a threatened facility to essential personnel only. Advisory to the Citizenry • Continue normal activities but be aware of your surroundings. Exercise caution when traveling but expect some delays, baggage searches and restrictions as a result of heightened security at public buildings and facilities. • Listen to official instructions. • Be alert to suspicious activity, such as an individual expressing undue interest in a business's security preparations, and report it to your local law enforcement agency. • Take reasonable personal security precautions. Be alert to your surroundings, avoid placing yourself in a vulnerable situation and monitor the activities of your children. • Develop an emergency communications and disaster plan that all family members understand. Practice your plan. Contact neighbors to discuss their plans and needs. • Establish an out -of -area friend or relative as a single point of contact to coordinate family messages. • Create an emergency contact list for each family member to carry. This list should contain telephone numbers, e-mail addresses and pager numbers. • Determine meeting places for you and your family if you become separated. • Identify evacuation/escape routes. • Identify a safe room within the home if possible. • Prepare a disaster supplies kit to sustain your family for three to seven days that includes a supply of water, food, flashlight and batteries, a battery- powered radio, first -aid kit and medicines, a change of clothing, an extra set of keys, duct tape and plastic sheeting and important documents. • Be prepared to do without service you normally depend on that could be disrupted — electricity, water, telephone, natural gas, gasoline pumps and Internet transactions. • In the immediate area of a terrorist event, be prepared to respond to official instructions. • Continue to monitor world and local events as well as local government threat advisories. • Avoid leaving unattended packages or brief cases in public areas. 3/17/03 8 Florida Division of Emergency Management1 Homeland Security Advisory Home t3' i'Y System (HSAS) • Inventory and organize emergency supply kits and discuss emergency plans with family members. Reevaluate meeting location based on threat. • Maintain close contact with your family and neighbors to ensure their safety and emotional welfare. • Alert Neighborhood Watch Groups. • Be prepared to increase patrolling by Neighborhood Watch Groups. Recommended State Agency Actions ➢ Continue all security requirements for previous Threat Conditions. ➢ Announce Threat Condition HIGH to all employees and explain expected actions. ➢ Coordinate necessary security efforts with, state, and local law enforcement agencies. ➢ Take additional precautions at public events, possibly considering alternative venues or even cancellation; ➢ Restrict access to a threatened facility to essential personnel only. ➢ Review the plans for and be prepared to immediately implement SEVERE (Red) Threat Condition measures. ➢ ESF ECOs placed on stand -by and ready to report to the SEOC as required. ➢ Prepare for the activation of the State Emergency Operations Center to Level 2. ➢ Consider implementing the COOP plan if the threat is specific to the surrounding area(s) of an agency critical facility(s). ➢ Prepare to execute other COOP procedures, such as moving to an alternate site or dispersing the workforce; ➢ Conduct an on -site check of the COOP location. ➢ Check all communications systems secure and non - secure. ➢ Daily, check communications systems. ➢ Brief agency staff. ➢ Encourage staff to review their Family Preparedness Plans. ➢ Conduct a daily check of the Agency Buildings. ➢ Consider erecting a barrier in front of door from the parking lot into threatened facilities. ➢ Periodically, visually check the parking lot for illegally parked vehicles and persons loitering in the area. ➢ Conduct weekly Homeland Security information and coordination meetings. ➢ Monitor world and local events. Pass on credible threat intelligence to key personnel. ➢ Ensure appropriate security measures are in place and functioning properly. ➢ Instruct employees to report suspicious activities, packages and people. ➢ Search all personal bags, parcels and require personnel to pass through magnetometer, if available. ➢ Restrict vehicle parking close to buildings. ➢ Inspect intrusion detection systems and lighting, security fencing and locking systems. Local Government recommended actions: • Continue all precautions from lower Threat Conditions. • Announce Threat Condition HIGH to employees and public and explain expected actions to be taken. 3/17/03 W Florida Division of Emergency Management Homeland Security Advisory System MSAS) Z • Alert and be prepared to deploy trained volunteers to include: CERT, LEPC, and the Red Cross. • Restrict or control access to government buildings, critical facilities and infrastructure. • Erect outside barricades, security checks to deny access to underground parking areas, loading docks and building entrance. • Require identification, sign -in and escorts as required. • Restrict parking areas located close to buildings or critical facilities. • Remove trash containers, dumpsters and mailboxes located near government buildings and facilities. • Closely monitor available security and intelligence data from state and local law enforcement agencies. • Instruct employees to be especially watchful for suspicious or unattended packages and articles received through the mail service. • Inspect buildings and parking areas for suspicious packages. • Implement rumor control to avoid public panic. • Employ armed security at airports, dams, public utilities and critical facilities. • Test communication plans. • Secure and regularly inspect all buildings, vehicles, and parking and storage areas for intrusion. • Conduct 100% verification of deliveries and restrict shipments. • Be prepared to increase patrolling by local law enforcement officials and Neighborhood Watch Groups. The SEOC will take the following immediate actions: ➢ Consider Activating the SEOC to Level 2. ➢ Continue all security requirements for previous Threat Conditions. ➢ Contact FDLE Security Points of Contact at least DAILY to collect and disseminate threat and intelligence information. ➢ Review plans for and be prepared to immediately implement SEVERE (Red) Threat Condition measures. ➢ Place the A -Team on Standby. ➢ Notify the SERT Primary ESF ECO's. ➢ Develop 24 -hour staffing pattern for SERT staff and Primary ESF's. ➢ Area Coordinators will notify the SWP when they are traveling and otherwise away from their office. ➢ Daily, check communications systems secure and non - secure. ➢ Conduct an on -site check of the COOP location. ➢ Consider deploying the A Team to their COOP location. ➢ Prepare to activate the FDEM COOP Plan if the threat is nonspecific. ➢ Consider Activating the FDEM COOP plan if the threat is specific to the Tallahassee Capital Area. ➢ Consider relocating the Governor if the threat is specific to the Tallahassee Capital Area. ➢ Assess and make ready Logistics Trailers 710 & 720. ➢ Relocate only when necessary. ➢ Assess and make ready all Division vehicles. 3/17/03 10 1 f Emergency Management 1 3� Florida Division o g cy g i Homeland Security Advisory System (HSAS) ➢ Brief the Governor and the Governor's Chief of Staff. ➢ Brief Division staff. ➢ Brief SERT. ➢ Develop a Flash Report. ➢ Send an Advisory to all RDSTF's and counties. ➢ Place 44th Civil Support Team on alert. ➢ Communicate with the counties (conference call, E -mail, etc.) ➢ Periodically, contact and receive a status briefing from ESF's 1 & 4, and 12 ➢ Contact the Nuclear Power Plants (3) located in Florida. ➢ Increase the information on the www.Floridadisaster.org web site. ➢ Draft an Executive Order. ➢ Encourage staff to review their Family Preparedness Plans. ➢ Duty Officers conduct a daily check of the Rudd Building. ➢ Consider erecting a barrier in front of door from the parking lot into the Rudd Building. ➢ Increase the test of the Rudd Building generator to weekly. ➢ Periodically, visually check the parking lot. 3/17/03 11 Florida Division of Emergency Management 1611 Homeland Security Advisory System (HSAS) SEVERE-RED SERT ACTION RESPONSE STEPS DURING PERIODS OF RED -LEVEL HEIGHTENED ALERT Severe Condition (Red). A Severe Condition reflects a severe risk of terrorist attacks. Under most circumstances, the Protective Measures for a Severe Condition are not intended to be sustained for substantial periods of time. In addition to the Protective Measures in the previous Threat Conditions, departments and agencies also should consider the following general measures in addition to the agency - specific Protective Measures that they will develop and implement: Recommended Federal Actions ➢ Increasing or redirecting personnel to address critical emergency needs; ➢ Assigning emergency response personnel and pre - positioning and mobilizing specially trained teams or resources; ➢ Monitoring, redirecting, or constraining transportation systems; and ➢ Closing public and government facilities. Members of the public, in addition to the actions taken for the previous threat conditions, can: • Avoid public gathering places such as sports arenas, holiday gatherings, or other high risk locations; • Follow official instructions about restrictions to normal activities; • Report suspicious activities to law enforcement and call 9 -1 -1 for immediate response to terrorist activities. • Be suspicious of persons taking photographs of critical facilities, asking detailed questions about physical security or dressed inappropriately for weather conditions (suicide bomber). Report these incidents immediately to law enforcement. • Contact employer to determine status of work; • Closely monitor news reports and Emergency Alert System (EAS) radio/TV stations. • Prepare to take protective actions such as sheltering -in -place or evacuation if instructed to do so by public officials. • Assist neighbors who may need help. • Avoid passing unsubstantiated information and rumors. • Be prepared to evacuate home or shelter in place on order of local authorities. • Do not travel into areas affected by the attack or is an expected terrorist target. • Keep emergency supplies accessible and automobile fuel tank full. • Take personal security precautions to avoid becoming a victim of crime or terrorist attack. • Expect traffic delays and restrictions. • Expect delays, searches of purses and bags and restricted access to public buildings. • Assist in patrolling by Neighborhood Watch Groups. • Participate in helping Community Emergency Response Teams. 3/17/03 12 -M! Florida Division of Emergency System SAS i Management Homeland Security Advisory y (H ) Recommended State Agency Actions ➢ Continue all security requirements for previous Threat Conditions. ➢ Announce Threat Condition SEVERE and coordinate expected actions for state /county agencies. ➢ The Governor may issue an executive order among other actions activating the Regional Domestic Security Task Forces, based on specific threat information. ➢ Coordinate necessary security efforts with, state, and local law enforcement agencies. ➢ Prepare for the activation the State Emergency Operations Center to Level 1. ➢ Increase or redirect personnel to address critical emergency needs. ➢ On order deploy ECO's and ESF personnel to the SEOC ➢ Assign emergency response personnel and pre - position and mobilize specially trained teams or resources. ➢ Monitor, redirect, or constrain transportation systems as required. ➢ Consider the closing of public and government facilities, if necessary. ➢ On order implement the COOP plan if the threat is specific to the surrounding area(s) of an agency critical facility(s) ➢ If required, deploy security personnel based on threat assessments. ➢ Close or restrict entry to the facility to emergency personnel only and restrict parking areas close to critical buildings. ➢ Maintain close contact with local law enforcement and FBI. ➢ Provide security in parking lots and company areas. ➢ Report suspicious activity immediately to local law enforcement, RDSTF, FBI, and SWP. ➢ Restrict or suspend all deliveries and mail to the facility. Emergency supplies or essential shipments should be sent to an off -site location for inspection. ➢ Control release of information to the public and news media. ➢ Cancel or delay unnecessary employee travel and leave. Local Government recommended actions: • Continue all precautions from lower Threat Conditions. • Announce Threat Condition SEVERE to employees and to the public and explain anticipated actions that should be taken. • Activate the Emergency Operations Center if warranted by specific threat information. • Maintain communications with the State EOC and provide situation reports. • Increase patrolling by local law enforcement officials and Neighborhood Watch Groups. • Deny unauthorized access to critical facilities and infrastructure. Continue 100% inspections of personnel, vehicles and packages. • Visually inspect the interior and undercarriage of vehicles entering parking lots and terraces. • Deploy equipment assets and ensure physical security measures be afforded to them at critical sites. • Assemble trained volunteers to include: CERT, LEPC, and the American Red Cross. • Implement Mutual Aid Agreements as required. • Continue to assess the vulnerability of key assets and facilities. Take appropriate action to protect them by increased patrolling of these sites. • Cancel or delay unnecessary employee travel and leave. 3/17/03 13 Florida Division of Emergency Management 1611 Homeland Security Advisory System (HSAS) • Control release of information to the public and news media. Provide security for personnel dispatched to repair or restore damaged facilities and systems. The SEOC will take the following immediate actions: ➢ Activate the SEOC to Level 2 (Partial) be prepared to activate to Level 1 (Full). ➢ Continue all security requirements for previous Threat Conditions. ➢ Contact FDLE Security Points of Contact at least Daily to collect and disseminate threat and intelligence information. ➢ Make decision to deploy the A -Team to designated COOP location. ➢ Make decision to activate the FDEM COOP Plan if the threat is nonspecific. ➢ Make decision to activate the FDEM COOP plan if the threat is specific to the Tallahassee Capital Area. ➢ Make decision to deploy Logistics Trailers 710 & 720. ➢ Notify the SERT Primary ESF ECO's. ➢ Area Coordinators will notify the SWP when they are traveling and otherwise away from their office. ➢ Send an Advisory to all RDSTF's and Counties. ➢ Contact the Nuclear Power Plants (3) located in Florida. ➢ Contact and coordinate activities with Alabama and Georgia. ➢ Contact Department of Homeland Security for briefing. ➢ Secure the SEOC. ➢ Implement 24 hour staffing pattern for SERT and Primary ESF's. ➢ Daily check all communications systems secure and non - secure. ➢ Assess the security of the State Capital Complex. ➢ Make decision to relocate the Governor if the threat is specific to the Tallahassee Capital Area. ➢ Brief the Governor and the Governor's Chief of Staff. ➢ Brief SERT staff and ECO's. ➢ Brief SERT. ➢ Brief the counties (conference call, E -mail, etc.) ➢ Develop a Flash Report. ➢ Prepare media releases. ➢ Implement the State FEIL hotline. ➢ Conduct Media conferences and briefings. ➢ Increase the information on the www.Floridadisaster.org web site. ➢ The Governor may sign an Executive Order, based on the threat information. ➢ Stand up the Florida National Guard planning cells. ➢ Be prepared to deploy Regional Response Teams and Civil Support Team. ➢ Submit daily situational reports to FEMA. ➢ Staff to implement their Family Preparedness Plans. ➢ Duty Officers conduct periodic checks of the Rudd Building. ➢ Re- consider erecting a barrier in front of door from the parking lot into the Rudd Building. ➢ Increase the test of the Rudd Building generator to daily. ➢ Periodically, visually check the parking lot. ➢ Periodically, contact and receive a status briefing from ESF's 1 & 4, and 12 3/17/03 14 Florida Division of Emergency Management Homeland Security Advisory System (HSAS) ➢ Assess seaports and airports from security perspective. 3/17/03 15 loll I 1 Recommended Protective Actions — Collier County Green - Low • Identify critical facilities that may need protection • Review emergency Response Plan • Conduct training, seminars, workshops and exercises using the emergency response plans. • Encourage response agencies (fire, law - enforcement, EMS, public works and elected officials) to take emergency management and American Red Cross first aid and CPR training. • Provide emergency preparedness and information to employees via pay -check inserts, newsletters, articles and posters • Conduct routine inventories of emergency supplies and medical aid kits. • Budget for physical security measures. • Encourage programs for employee immunizations and preventive health care Blue - Guarded • Continue all precautions from the previous threat level • Estimate the threat vulnerability of each critical facility and the countermeasures required to protect them • Ensure that each department/division is familiar with their assigned responsibilities during a disaster as shown in the CEMP and are prepared to respond. • Review communications plans and ensure the call -down procedures are current and accurate. • Conduct emergency management training and exercise emergency response plans. • Ensure that all emergency management and response functions are adequately staffed. Recruit and train volunteers to augment full -time staff. • Actively support the Neighborhood Watch, Community Emergency Response Team (CERT), and Amateur Radio programs/ • Remind citizens and employees to be alert for suspicious packages, activities and vehicles and report these events to proper authorities. • Secure buildings, unused rooms, storage areas, equipment and vehicles to prevent threat, tampering or destruction. 1611 '1 • Evaluate information on public web -sites that could compromise security. • Encourage all citizens and employees to have necessary immunizations. Yellow - Elevated • Continue all precautions from previous threat levels. • Announce threat condition "Yellow" to all employees by email. • Increase surveillance of critical facilities. • Coordinate emergency plans with other jurisdictions within Area 6. • Assess whether the precise characteristics of the threat require the further refinement of preplanned protective measures. • Implement, as appropriate, contingency and emergency plans. • Conduct monthly Citizen Corps meetings. Orange - High • Continue all precautions from lower threat conditions. • Announce Threat Condition "High" to employees and public and explain recommended actions to be taken • Alert and be prepared to deploy trained volunteers to include CERT, CERV, Red Cross and Salvation Army. • Restrict or control access to government buildings, critical facilities and infrastructure. • Erect outside barricades, security checks to deny access to loading docks and building entrances. • Require identification, sign -in and escorts as required. • Restrict parking areas located close to buildings or critical facilities. • Remove trash containers, dumpsters and mailboxes located near government buildings and facilities. • Closely monitor available security and intelligence data from all federal, state and local law enforcement agencies., • Instruct employees to be especially watchful for suspicious or unattended packages and articles received through the mail service. • Inspect buildings and parking areas for suspicious packages. 1011'1 1 • Establish Citizens Information Line (Rumor Control) to avoid public panic. • Employ armed security at airports, public utilities and critical facilities. • Test communications plans. • Secure and regularly inspect all buildings, vehicles, and parking and storage area for intrusion. • Conduct 100% verification of deliveries and restrict shipments. • Be prepared to increase patrolling by local law enforcement agencies and Neighborhood Watch groups. Red - Severe • Continue all precautions from lower Threat Conditions. • Announce threat condition "Red" (Sewvere) to employees and the general public and explain anticipated actions that should be taken. • Activate the Emergency Operations Center if warranted by specific threat information. • Maintain communications with the State EOC, adjacent jurisdictions and provide Sitreps when required. • Increase patrolling by local law enforcement agencies and Neighborhood Watch groups. • Deny unauthorized access to critical facilities and infrastructure. Continue 100% inspections of personnel, vehicles and packages. • Visually inspect the undercarriage and interior of vehicles entering parking lots in close proximity to buildings and critical facilities. • Deploy equipment assets and ensure physical security measures be afforded to them at critical sites. • Assemble trained volunteers to include CERT, CERV, RACES, American Red Cross and Salvation Army. • Implement Statewide Mutual Aid Agreements as required. • Continue to assess the vulnerability of key assets and facilities, take appropriate actions to protect them by increasing patrolling of these sites. • Cancel or delay unnecessary travel and leave. • Control release of information to the public and the news media. • Provide security for personnel dispatched to repair facilities 1511'7 Collier County Sheriffs Office Domestic Security Pre tiredness Plan FACT SHEET FOR COLLIER'S BUSINESS COMMUNITY The Office of Homeland Security established the national threat level warning system in the months following the events of September 11, 2001. This warning system is intelligence - driven. In other words, the threat level declared is dependent upon an in -depth analysis of intelligence gathered by U.S. and foreign agencies. In preparation for a declaration of Threat Level Red, the Collier County Sheriffs Office has developed a response plan specific for Collier County. This plan incorporates five stages of a Red Alert: Alert Level Red -Stage 1: CREDIBLE THREAT TO COLLIER COUNTY Alert Level Red -Stage 2: CREDIBLE THREAT TO REGION 6 The Florida Department of Law Enforcement's Region 6 Domestic Security Task Force encompasses a 9 county area — Collier, Lee, Charlotte, Hendry, Glades, Desoto, Highlands, Okeechobee and Sarasota. Alert Level Red -Stage 3: CREDIBLE THREAT TO FLORIDA Alert Level Red -Stage 4: CREDIBLE THREAT TO THE UNITED STATES Alert Level Red -Stage 5: NO CREDIBLE THREAT — COUNTRY AT WAR Prior to the declaration of Alert Level Red, some of the QUESTIONS you need to ask are: ❑ Given the above 5 stages of a red alert, at what point will your business close? • Have you communicated this plan with your employees? Do your employees know whether they are to respond to work during a red alert? If a red alert is declared after - hours, do you have a communications plan to notify employees of closings or schedules? • Do you have a disaster preparedness plan? • Do you have an emergency response team identified for your place of business? ❑ If a red alert is declared during work hours, are you prepared for employees need to locate children, return home, or retrieve information? ❑ Have you notified your employees to have a disaster plan? • Do you have an escape route from your place of business or home? Including a designated meeting place for your family? • If you have important documents that your business cannot afford to lose, you may wish to store copies of them off -site or out -of- state? • Are your employee's emergency contact sheets up to date? • Do you have a method to conduct roll -call in case of an evacuation? 1611 11 Collier County Sheriffs Office Domestic Security Preparedness Plan FACT SHEET FOR COLLIER'S BUSINESS COMMUNITY A Red Alert is an unfamiliar term to Americans. Business owners and citizens often ask themselves what they are expected to do. If a Red Alert is declared by the U.S. Office of Homeland Security AND the Collier County Sheriffs Office has declared a Stage 1 -3 alert (refer to definitions on other side), citizens are advised to: • Report suspicious activities and call 9 -1 -1 for an immediate response. • Expect delays, searches of purses and bags and restricted access to public buildings. ❑ Expect traffic delays and restrictions. ❑ Take personal security precautions to avoid becoming a victim of crime or terrorist attack. ❑ Avoid crowded public areas and gatherings. ❑ Do not travel into areas affected by the attack or is an expected terrorist target. ❑ Keep emergency supplies accessible and automobile fuel tanks full. ❑ Be prepared to evacuate your home or shelter in place of order by local authorities. ❑ Be suspicious of persons taking photographs of critical facilities, asking detailed questions about physical security or dressed inappropriately for weather conditions (suicide bomber). 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O D CD O ai CD O v" O XX xx � 5 O�Q i r* w CD CD 5 �-t r• d N MOMMIR M.-. =.h CJ1 I Ifl1 I I� A N• j �. y cn a CD Q+ CD O�Q i r* w CD CD 5 �-t r• d N MOMMIR M.-. =.h CJ1 I Ifl1 I I� March 17, 2003 1611 � „„ To: Barry Axelrod, Director, Information Technology Skip Camp, Interim Administrator, Administrative Services John Dunnuck, Administrator, Public Services Joe Schmitt, Administrator, Community Development & Environmental Services Jay Seidl, Interim Director, Communication and Customer Relations Grant Program: Technology Opportunities Program (TOP) - - Grant Agency: Commerce Department's National Telecommunications and Information Administration (NTIA) Deadline: April 23, 2003 Description: Technology Opportunities Program (TOP) provides matching grants to state, local, and tribal governments and non- profit entities for model projects that demonstrate innovative uses of digital network technologies in underserved communities. TOP projects address specific challenges and realize opportunities in such areas as lifelong learning, community and economic development, government and public services, safety, health, and culture and the arts. For FY 2003, TOP was appropriated approximately $12.4 million for grants. An applicant may request up to a total of $700,000, however TOP expects the federal amounts awarded to range from $350,000 to $700,000, with an average of approximately $500,000. The amount awarded covers the duration of the project. For FY 2003, the official start date of projects funded is October 1, 2003. Grant awards generally do not exceed 50 percent of the total project cost, with matching funds coming from non - Federal sources. Matching funds may be any combination of cash and in -kind contributions. Criteria: • TOP does not support construction of any kind however, minor modifications to a space, which will house a computer training facility, or an online access center may be eligible. • Must describe a clearly defined project that uses telecommunications and information technology for the provision of educational, cultural, health care, public information, public safety, or other social services. • Must be an innovative project based on the technology to be used and the application of the technology in a particular setting, to serve a particular population, or to solve a particular problem. • Level of community involvement in the development and implementation of the proposed project important. • Proposed plans for evaluating the project and sharing the knowledge learned important. • Application must be feasible based on its technical approach, the qualifications of the project staff, the implementation schedule, plans for protecting privacy, and the applicant's plan for sustaining the project beyond the grant period. Application Process: Use forms from TOP's application kit; General Service Administration (GSA) "docrtet" - www Asa Gov /Portal /formshbrary.jsp (which allows you to take selected government form files and fill them out immediately, off of the Internet); TOP's pdf forms or by contacting TOP. Additional Information: Email: top@ntia.doc.gov; phone: (202) 482 -2048. IF INTERESTED, PLEASE CONTACT MARLENE FOORD FOR ASSISTANCE WITH THIS APPLICATION. This { i,at;i ':crt: has been prepared based on program and project needs either identified by the contacted individual or department or based on the Grants G)ordinator's understanding of the possible needs. The Grants Coordinator has evaluated the grant mid tie criteria and has determined that a county project or program might qualify for die grant. Marlene Poord, Urants Looramaror Administrative Services Division /F5 3301 East Tamiami Trail Naples, Florida 34112 an irlr�ic�itxt 1 << %i <,titc��� _tart (239) 77 ,"971 fax (239) 774-8720 loll '1 Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord(&collier;:ov.net (239) 774 -8971 (239) 774 -8720 (fax) TO: Leo Ochs, Deputy County Administrator Skip Camp, Interim Administrator, Administrative Services Barry Axelrod, Director, Information Technology Ken Pineau, Director, Emergency Management FROM: Marlene Foord, Grants Coordinator DATE: February 26, 2003 SUBJECT: Department of Homeland Security — FY 2004 Budget Enclosed is an article from the latest edition of the Homeland Defense Journal that outlines the priorities and FY 2004 proposed allocations for the new programs of the newly created Department of Homeland Security. It is still a little unclear about how any of the allocated funds may funnel their way down to reach local governments, but they have made it clear that $3.5 billion was requested for first responders, including $500 million in grants for assistance to firefighters, $500 million for state and local law enforcement terrorism prevention, and $181 million for the Citizen Corps. Much of the remained of the funding will be dedicated to securing the nations borders and transportation system. Highlights of the FY 04 Budget follows: We will be closely monitoring the intent of each program as well as the process for distribution of funds. Areas that Collier County should pay particular attention to include: Improving Information Analysis and Infrastructure Protection, Advancing and Harnessing Science and Technology, Preparing for and Responding to National Emergencies, and Securing the Nation's Borders and Transportation Systems. We should be prepared with pre - identified priorities and programs for when funds become available. I have placed an overview of the new Department of Homeland Security, including the proposed budget and programs with full descriptions on the Grants website: IZ p: / /cww'�'cwwicra��tresearch /page i 6.html. Prograin Fundin Im rovin Information -Analysis and Infrastructure Protection $829 million Advancin and Harnessin Science and Technology $803 million Pre arin for and Responding to National Emergencies $5.9 billion Securing the Nation's Borders and Transportation System $18.1 billion Securing the Nation's Ports and Ensurin Waterway Safety $6.7 billion Improving Immigration Services $1.8 billion Protectiny, the Nation's Leaders and Su ression Counterfeiting $1.3 billion Strengthening all other Essential Missions $12.2 billion We will be closely monitoring the intent of each program as well as the process for distribution of funds. Areas that Collier County should pay particular attention to include: Improving Information Analysis and Infrastructure Protection, Advancing and Harnessing Science and Technology, Preparing for and Responding to National Emergencies, and Securing the Nation's Borders and Transportation Systems. We should be prepared with pre - identified priorities and programs for when funds become available. I have placed an overview of the new Department of Homeland Security, including the proposed budget and programs with full descriptions on the Grants website: IZ p: / /cww'�'cwwicra��tresearch /page i 6.html. Hamelanci Defense 2003 41 2. Issue 4 ProtectinV Budget President Bush's requested budget reflected his commitment to supporting the priorities and the mission of the Department of Homeland Security. The fiscal year 2004 budget supported DHS's effort to implement the objectives outlined in the President's National Strategy for Homeland Security including: • Preventing terrorist attacks within the United States • Reducing America's vulnerability to terrorism • Minimizing the damage and recov- ering from attacks that do occur DHS announced that it would move forward with a sustained and cohesive strategy in key areas such as improving security at the nation's borders, imple- menting grant programs to ensure first responders are properly trained and equipped, decreasing the vulnerabilities of the nation's critical infrastructure, pro- tecting against bio- terrorism, advancing research in science and technology aimed at countering terrorist attacks, improving intelligence analysis and coordination, and recapitalizing the Coast Guard. P�' q ?A ENEUMAMM, The total fiscal year 2004 budget requested for the Department of Homeland Security was S36.2 billion, representing a 7.4 percent increase in funding from fiscal year 2003, with an additional 60,000 staff added. Fiscal Year 2004 Budget Highlights The consolidation of these entities into the new Department is the largest federal reorganization in more than 50 years. There are some of the highlights of the new budget request: Improving Information Analysis and Infrastructure Protection This budget included a request for $829 million — an increase of $652 mil- lion, 370 percent, from last year — to sup- port the department's ability to analyze and identify potential threats, assess vul- nerabilities, map those threats to vulnera- bilities and provide the information from which to organize protective measures. This funding included approximately S500 million to assess the nation's critical infrastructure, such as nuclear power plants, water facilities, i telecommunications networks and trans- portation systems. Advancing and Harnessing Science and Technology This budget included a request for S803 million — an eight -fold increase over 2002 —to develop new partnerships with the private sector to research, devel- op and deploy homeland. security tech- nologies that would make America safer. The Science and Technology Directorate's Advanced Research Project Agency would direct S350 million in new funding to address gaps in high - priority operational areas, such as protecting crit- ical infrastructure and borders. Preparing for and Responding to National Emergencies One of the DHS's top priorities is to ensure the nation is prepared to respond to incidents throughout the country. The proposed budget requested S5.9 billion for emergency preparedness and response, an increase of 16 percent (5838 million) over fiscal year 2003. ContiFlued or! page 1' The society of Americau Military 10110eers We are a unique association of nearly 25,000 architects, engineers and construction ,. officials in governments and industry throughout the United States and abroad. SAME provides several special annual and periodic forums, education and training opportunities, and two publications devoted to new and emerging information about infrastructure security, information security, contracting, design and engineering projects, environmental issues, regulatory matters, small and large business practices, and designing and engineering technologies. Here are just some of the benefits of membership: * Participation in The Infrastructure Security Partnership (TISP) — join federil and private - sector officials to improve the security of our nation's infrastructure and our nation's capability to respond to disasters. • "Federal Construction, Design & Environmental Programs" for the next Fiscal Year — the most comprehensive project - specific information available, in advance of design completion or project start, with listings of contracting officials, on CD -ROM. Free to Corporate and Public Agency members. • Online and Print Directories — business data and engineering capabilities in profile form. Free profile and Web site logo far Corporate and Public Agency members. join today's nearly 2,500 member companies and public agencies in these directories. 19 Homeland Defense Journal - February 24, 2003 1 Vol 2. Issue 4 Protecting the Homeland: Fiscal Year 2004 Budget continued.Mon? page 11 The Emergency Prepared and Response Directorate would coordinate all necessary response efforts quickly and effectively, including maintaining and strengthening the Strategic National Stockpile of drugs, vaccines and equip- ment with $400 million requested to con- tinue this initiative. An additional $890 million was requested to pre - purchase critically needed vaccines and medication for bio- defense. Securing the Nation's Borders and Transportation System This budget included a request for S18.1 billion for the Border and Transportation Security Directorate to improve border security and transportation security, while facilitating the unimpeded and reliable flow of commerce and people across borders and through airports, sea- ports, highways and railways. The budget supported the DHS's effort to restructure the border security agencies to enhance efficiencies and create greater accountabil- ity in one seamless border service. The budget request included $4.8 bil- lion for the Transportation Security Administration, an increase of $160 mil- lion from fiscal year 2003, after subtract- ing one -time costs from its start-up. Under the new budget, TSA would con- tinue hiring and deploying a new profes- sional screening workforce to strengthen its operations for enhancing security for the nation's transportation system. The budget request also included funding for the comprehensive Entry -Exit system, which would enable the DHS to track the entry and exit of visitors to the United States. The budget also included a request for $100 million in new resources. DHS recognized that state and local governments face new and unprecedented threats. This proposed budget would help them obtain tools, resources and informa- tion. Specifically, S3.5 billion was requested to support the nation's first responders, including $500 million in grants for assistance to firefighters, $500 million for state and local law enforce- r 2 rl '1 ment terrorism prevention initiatives, and $181 million for the Citizen Corps, Other initiatives for Border and Transportation Security included: • $62 million of new funding for the Container Security initiative • $307 million additional investment in the Automated Commercial Environment • $119 million additional investment for non - intrusive inspection technology $40 million of new Banding for Atlas/Chimera to address require- ments in the Border Security Act • $18 million for the Customs Trade Partnership Against Terrorism initiative Securing the Nation's Ports and Ensuring Waterway Safety The Coast Guard would work with the Border and Transportation Security Directorate to ensure the safety and secu- rity of American waterways and ports. The budget included $6.7 billion to recap- italize the Coast Guard and 5615 million — 10 percent more than fiscal year 2003 — to support the deployment of Maritime Safety and Security Teams, procurement of coastal patrol boats, and the continued development of the mar- itime "911" system. The maritime "911" system request was $134 million. The budget also included $500 mil- lion to continue the "Deepwater" pro- gram, which is upgrading the Coast Guard's fleet of cutters, aircraft and relat- ed systems to improve performance c'ontifuted ffn page 13 Companies have,,, different goals. So why ettle for a `catkiec 1LUCr wILIWn? Wn more then d0 years of wmdmedi dastry Y axpenenw,dw Drinnpals of Aronson Cap to Partners have a Dmven mark record of compieong auccesslp�trensa --with market compsn�es They provide o full range &—p at. franca —cesto Iwth buvears a d M!pirq them ach�evetM,r gr n s A., 'iq.khy goals. To Nero mots d aal haw Araew fapbf Para ®s a.. wp yea uesw you o,Naen.., estt Asm/ Dena today et 3CtI31fT75 ar Ideria ®ewwenm/aq.aais. Homeland Defense Journal - February 24, 2003 1 Vol 2. Issue 4 13 Protecting the Homeland: Fiscal Year 2004 Budget continued ftrlm page 12 across DHS as the Coast Guard's activities become more integrated with other DHS components. Improving Immigration Services The DHS noted its commitment to greatly improving immigration benefits to the more than 7 million annual appli- cants. The fiscal year 2003 budget contin- ued the president's $500 million initiative to reduce the backlog of applications, while ensuring the nation's policies for issuing visas to visitors are consistent with security and foreign policy interests. Protecting the Nation's Leaders and Suppressing Counterfeiting Under the proposed budget, the Secret Service would continue to protect leaders, implement security at designated National Special Security Events and suppress counterfeiting through the $1.3 billion requested in the budget, an increase of nearly 10 percent over fiscal year 2003. Strengthening all other Essential Missions The proposed budget provided $12.2 billion for other essential missions not specifically related to homeland security, an increase of 5 percent. This would include: • an increase of S83 million (6 per- cent) for Border and Transportation Security • an increase of $18 million (I per- cent) for Emergency Preparedness and Response • an increase of $319 million (9 percent) for the Coast Guard Bush Pushes Threat Integration Center, Praises Intel Pros By Jim Garamone American Forces Press Service The United States is winning the war on terrorism, in part, because intelligence efforts span the federal bureaucracy and link to the world. President Bush praised efforts by the CIA and FBI during a speech at FBI headquarters Friday, Feb. 14. Bush point- ed out that the FBI alone has 1,800 agents devoted to counterterrorism activities. "All our successes in the war on ter- ror depend on the ability of our intelli- gence and law enforcement agencies to work in common purpose," Bush said. "In order to better protect our homeland, our intelligence agencies must coexist like they never had before. In order to hunt the terrorists down one by one, our intelli- gence agencies must cooperate fully with agencies overseas. Under the leadership of [CIA] Director [George] Tenet and [FBI Director Bob] Mueller, the CIA and the FBI have improved their eomtnunica- tions and cooperation." The president spoke about the new Terrorist Threat Integration Center that he first mentioned in his State of the Union address, saying it marks another crucial advance in meeting 21st century threats. "This joint effort across many depart- ments of our government will integrate and analyze all terrorist threat informa- tion collected domestically and abroad in a single location," Bush said. He said the center will develop a comprehensive picture of terrorist activi- ty. When it is fully operational, it will house a database of known and suspected terrorists that officials across the country will be able to access and act upon, he said. In addition to the CIA and FBI, the Defense Department and the new Department of Homeland Security would be among those staffing the center and analyzing the data. Bush said protecting the homeland is the first goal, and intelligence is at the heart of protecting America.. Using advanced technology, the center would be able to provide that database to local law enforcement personnel. Terrorist attacks might be thwarted in the course of a sim- ple traffic stop. But the war on terror isn't only defen- sive. Americans must go into other areas and hunt down terrorists, Bush said. "This war requires us to understand that terror is broader than one international network, that these terrorist networks have got con- nections — in some cases, to countries run by outlaw dictators," lie said. That's the issue with Iraq and its con- nections to terrorist organizations. "When I speak about the war on terror, I not only talk about a1 Qaeda, f talk about Iraq," Bush said. "Because after all, Saddam Hussein has got weapons of mass destruction and he's used them. Saddam Hussein is used to deceiving the world and continues to do so. Saddam Hussein has got ties to terrorist networks. Saddam Hussein is a danger, and that's why he will be disarmed, one way or the other." freelance graphics studio tii m ^p 6 a A a o0 o m 0 n G a o ° C. 'TJ as iO UQ <cs x a c [rr9 (OD N y VC F-i� m O a OQ �p G' C �j 51 pr �r» rs M 9 y d do^�o qE ]. tp d p b O G O .t Q. p � M a � gp np �o �► y o oy 01 � o 0 w A< O (D (D o CT w oQ @ ° v n E ^ 5 n .°n f� '°n pn ° o Q a. o o o_ $ `1 O p _� N iy N �ryry p b P (7 1'�. O. pro Up C�; o _ D. 6. 9 11 n a 0 P N p UO CS w p a G ii C p b O !�D 31+ 16K3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 18, 2003 CANCELLATION OF MORTGAGE 16K4 Collier County is the owner and holder a mortgage executed by Zilmene Monvil, dated July 29, 1999, to secure payment of a promissory note in the original sum of $2,500. Said mortgage is recorded at O.R. Book 2577, Page 3248, Public Records of Collier County, Florida. The property that is security for the County's mortgage is LOT 12, BLOCK 12, NAPLES MANOR, UNIT NO. 1 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County has not received full payment of the indebtedness that is secured by the County's mortgage. The above - described real property was foreclosed upon by lawsuit filed in Collier County, but Collier County was not named as a party to that foreclosure; therefore Collier County has a "right to redeem" against the holder of the first mortgage. Collier County has decided that it is not in the County's interest to pursue its "right to redeem" because no surplus funds remained after foreclosure of the first mortgage. Therefore, Collier County hereby waives its right to redeem and the Clerk of the Circuit Court of Collier County is hereby directed to cancel the County's aforementioned mortgage. DATED: .S/ 03 ATTEST,.., . BOARD OF COUNTY COMMISSIONERS, Dwight�E. Brock',-Clerk COLLIER CO NTY, ORIDA By: By :...- Afto t- as Qoe t , Ci�ei TOM HENNING, CHAIRM siyast" only. Approved` as to `form and legal sufficiency: :ia �, Dj .-- Tom Palmer, Assistant County Attorney This instrument prepared by: Marc L Shapiro, P.A. 720 Goodlette Road North, Suite 304 Naples, Florida 34102 Phone: (239) 649 -8050 FAX: 239) 649 -8057 ** RECORDED 83705 OR; 3291 PG; 0618 in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/14/2003 at 12:57PH DWIGHT E. BROCK, CLERK RBC FEE 6.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR SIT 7240 16K5 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Aston Gardens at Pelican Marsh, Ltd., a Florida Limited Partnership, (hereinafter referred to as "Aston Gardens ") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Aston Gardens has filed suit against Collier County in Case No.03- 0595 -CA; and WHEREAS, the County has filed a Counterclaim, pursuant to section 74 -501 of the Collier County Code of Laws and Ordinances, for foreclosure of a lien imposed for unpaid impact fees against Aston Gardens in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, in connection with the property described in Exhibit "A" attached hereto; and, WHEREAS, Aston Gardens and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to impact fees associated with development of the Property prior to the date of this Agreement; and, WHEREAS, Aston Gardens and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, 1 16K5 principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Aston Gardens and the County agree as follows: 1. Aston Gardens and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to Impact Fees, and for and in consideration of the following: a. Aston Gardens will dismiss its lawsuit in Case No. 03- 0595 -CA with prejudice; b. Collier County will dismiss its Counterclaim in the above - referenced case with prejudice; C. Collier County will refund $39,696.00 to Aston Gardens; d. Collier County will file a Release of Lien for the Claim of Lien filed in O.R. Book 3149 pages 1874 through 1881. In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County and Aston Gardens, this settlement agreement and release is hereby entered into and covers all claims relating to impact fees between the parties hereto in connection with the development of the Property prior to the date of this Agreement. 2 16K5 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, and Aston Gardens on behalf of itself, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge each other, as well as their officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against each other that arise from or relate or refer in any way, whether directly or indirectly, to Impact Fees in connection with the development of the Property prior to the date of this Agreement. This Agreement shall not and does not apply to any future impact fees that Aston Gardens may become responsible for after the date of this Agreement. 4. Aston Gardens and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. Aston Gardens and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Aston Gardens or the County. 3 16K5 6. Aston Gardens and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Aston Gardens and the County agree that all underlying causes of action or claims of Aston Gardens and the County have been mutually extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Aston Gardens and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 9. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Aston Gardens and the County have signed and sealed this Agreement and Release as set forth below. 4 ATTEST: DWIGHT E. -I �F t ; G rk'of Courts Q C011i�r. olij horida By:kk.1'�` -' Date: I WK s� Attest 'pl,to-Ciwiro",s s1g►4tare ' only. Witn sses'. (Signature) -?,q M 4 (Print) (Signature ujok�& E sla.ck (Print) Date: / g A b0 -1 16K5 BOARD OF COUNTY COMMISSIO RS OF OLLIER COUNTY, F RIDA By: TOM HENNI G, Chairma Date: ASTON GARDENS da THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ASTON GARDENS AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by jL11e , before me, this 13 t6 day of , 2003. 4121 Z Y.A a ! Personally Known Signature of N ary Public or ,*p KMENJ.TRANSUE Produced Identification MY COMMISSION M DD 117800 * * EXPIRES: May 28, 2008 ,7" " Bonded rnti audW NOWY SOMM Commissioned Name of Notary Public Type of Identification Produced (Please print, type or stamp) My Commission expires: 5 vp Approved as to form and legal sufficiency: t� Y4cqAline Hubbard Robinson sistant County Attorney h: Jackie/ AstonGardens \settlement agreement & release n 16K5 EXHIBIT A - y..- A" OR: 2499 Pc: 0340 * *� K- 16K 5 tp EXHIBIT "A" ti A11 that part of Section 25, Township 48 South, Range: 25 East, Colli being more particularly described as follows: er County, Florida Commencing at the Northeast corner of said Section 25; C 7 thence along the East line of said Section 25 South 02 °07'14° 9=" the Point of Beginning; thence continue along the East line ofEsaid1,216.90 feet; to �l 02 °07' -14" East 1,062.65 feet; thence leaving the East line of said Section 89°19•:22" West 1,331.72 `eeC to the East boundary � South 13, pages 44 and 45 of the _ ry of the plat of Edgewild, Flat Book cV7 being the Went line of the Ea lly2eof theoEaCollier County, Florida, said 1Yne also 1/2 Of said section said line North O1 °57' 31" West 1•.062.58 feet; thence 1 aving said lne2North 89 °1Gl�g f East 1,328.71 feet to the Point of Beginning; O LESS AND EXCEPT THE FOLLOWING DES CRZ_ D OUT PARCEL: A11 that part of Section 25, Township 4a South, Range 25 East, Collier Ccu bei.-ig more particularly described as follows: azt y, Florida Commencing at the Northeast said Section 25, South 02° corner of said Section 25; thence along the East line of said Section 25, South 89°19,191 East 1,216.90 feet; thence leaving the East line of South 02 007'19" East 125.28 feet,; then, e, Westerly 64.13 to th Po along Beginning• tangential ci =cular curve concave Southerly thence central angle of l0 °09'01" �' having a radius of 361.00 feet t_hroughna We3t 69.05 feet; thence Souand7b being subtended ry a chord which bears South 81 °53'42" along the arc of a circular curve concave hlortherlyenavinhenace Westerly 162,30 feet through a central angle of 41 °19'1,5" and being therly having by g1, radius Of 225.00 feet 82 030157° West 158.80 feet; thence along a no.n- tangential line North 12g °Dears North 18.00 feet; thence Northwesterly 12.1: feet along the arc of a 8'56 East cu-^ve concave Northeasterly having a radius of 207.00 feet non - tangential circular 03°21.04" and being subtended by a chord which bears North 60°107321, West 12.11 feet; thence North 58 °30'00° West 25.08 feet; thence Westerly 79.95 feet along the arc of a circular curve concave Southerly having a radius of 142.00 feet through a central angle of 32 °15'38" and being subtended by a chc,rd which beers North 74 °37'99° West 78.90 feet; thence South 39014'22" Wesc 118.00 feet; thence North J9 °35•1F" West 28.58 feet; thence thence0South389°Nest285West 32. North 89 °14 22" East 737.73 f' 87 feet; feet �o the West of Beginning, feet; thence 16K6 MEMORANDUM Date: May 21, 2003 To: Jacqueline Hubbard Robinson Assistant County Attorney From: Teri Michaels, Deputy Clerk Minutes & Records Department Re: (Arden Courts & ManorCare) Settlement Agreement and Mutual Release between Collier County and ManorCare of Boca Raton, Inc., and Naples Retirement, Inc. Enclosed please find one (1) original document as referenced above, Agenda Item #16K6, approved by the Board of County Commissioners on May 13, 2003. The duplicate original agreement is being retained for the record. If you should have any questions, please contact me at extension 7240. Thank you. Enclosure 16K6 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between ManorCare of Boca Raton, Inc., a Florida Corporation, (hereinafter referred to as "ManorCare ") and Naples Retirement, Inc., a Florida Corporation (hereinafter referred to as "Naples Retirement ") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County ") WIT NESSETH: WHEREAS, the County has indicated that it intends to file a lawsuit pursuant to section 74 -501 of the Collier County Code of Laws and Ordinances as the collection agent for the fee against ManorCare, and Naples Retirement in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, for failure to pay Educational Facilities, Community Parks, Regional Parks and Library impact fees in connection with the property which is described on Exhibit "A" attached hereto and which was developed, in part, under Collier County Building Permit Numbers 97 -3033 and 97- 070997 as part of PUD 81- 301(1) (Ordinance 97 -05) (the "Property "); and, WHEREAS, ManorCare, Naples Retirement and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the nonpayment of 1 16K6 impact fees associated with development of the Property prior to the date of this agreement; and, WHEREAS, ManorCare, Naples Retirement and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, ManorCare, Naples Retirement and the County agree as follows: 1. ManorCare, Naples Retirement and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the dispute regarding payment of Educational Facilities, Community Parks, Regional Parks and Library impact fees, and for and in consideration of the sum of Forty -Five Thousand Dollars ($45,000.00) paid by ManorCare which the Board and the County may divide among themselves and apportion to such impact fee benefit district accounts as they deem appropriate and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County, the County agrees not to file the Lawsuit against ManorCare and Naples Retirement for any unpaid Educational Facilities, Community Parks, Regional Parks and r. 16K6 Library impact fees that the County asserts existed in connection with development of the Property prior to the date of this agreement. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge — ManorCare and Naples Retirement as well as their respective officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted in a Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the non- payment of Educational Facilities, Community Parks, Regional Parks and Library impact fees in connection with the development of the Property prior to the date of this agreement. This agreement shall not and does not apply to any future impact fees that ManorCare may become responsible for after the date of this agreement. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, ManorCare, Naples Retirement and the County agree that any of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. ManorCare, Naples Retirement and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective 16K6 owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. ManorCare, Naples Retirement and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of ManorCare, Naples Retirement or the County. 7. ManorCare, Naples Retirement and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, ManorCare, Naples Retirement and the County agree that all underlying causes of action or claims of the County have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, ManorCare, Naples Retirement and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. ld 16K6 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, ManorCare, Naples Retirement and the County have signed and sealed this Agreement and Release as set forth below. M., ,.. ,. I, \ .. ATTESTS DWI G 8R©c- G er14 of Court - f.CQtlierCounN,', Elorida Rv� ��_i ilt�r� • e e uty�Ci`' n , Date: .3-' Attest as to Cklrtan•i Signature only. �* BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F RIDA By. - T HENN G, Chair a Date: '5 -1 03 Witnesses: Signature) , (Print) (Signature (Print) Date: 16K6 MANORCARE OF BOCA RATON, INC. a Florida Corporation d /b /aArden Courts Mano,,C e Health-�ervi5qs By: David B. Lanning, Vice P sident of Development Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN MANORCARE —AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed -�� • by,� �� ►� �t�«��� ,before me, this � 6 a r; day of �'�-� � -�--�' , 2003. Signature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: 0 1 / "' /"'5• Personally Known �. or Produced Identification Type of Identification Produced itne ses: (Signature) / / C4W E. /%/V�� (Print) (Signature) S USA ►J M . C19 -5 6�' (Print) Date: 0-5--07-03 NAPLES RETIREMENT, IN 16K6 A Florida Porporation Date: 0 5- -07 — !a3 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN NAPLES RETIREMENT, INC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and sub ribed by "� ,,� -,-,� before 03. Signature of Notary Public p2L C, -AVf/ Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Carl E. Westmen MY COMMISSION # D0071542 EXPIRES :a March D, 2006 '`o�o SONDED THRU TROY FARJ NSURANCE, INC. Approved as to form and legal sufficiency: J que a Hubba Robinson As istant County Attorney h: Jackie/ ManorCarelsettlement agreement & release me, this 7 -f4 day of 7 Personally Known or Produced Identification Type of Identification Produced EXHIBIT -oI ., OR � SCHEDULE A 1 6, 6 Commencing at the point of intersection of the West line of SEC. 21 and the Southerly R/W line of Rattlesnake Hammock RD. IC-864), run S29 927'05 "E along the said R/W line. for 2.00 fact, thence run S99• 18120 "E along said R/W line for 581.21 feet to the POe. Thence continue S89 °18'20 "E along said R/W for 1012.46 feet; thence s18 125'12 "B for 483.06 feet; thence S16.13'S2 "W lorboundar feet; thence 586.58'34 "W for 327.18 feet to the Easterly Y proposed Tanglewood Subdivision_ said point lying on a curve concave Southwesterly. Thence following along the arc of said curve in a Northwesterly direction, (said curve having a central angle of 15° 01124",a radius of 12900 fore338.25h feet, fthence 8S71 °57'10'Wa for o150.00 bearing proposed St. Andrews Houle - feet to the N'ELY Right of Way line of the rop feed, said point lying on a curve concave Southwesterly, thence fol- lowing along the arc of said curve in a Northweste of 1140c00ofeetaid curve having a central angle of 5 °00'28"' of N20 133'04 "w), for 99.64 a chord of 99.61 feet, and a chord bearing, feet, thence the6proposed Tanglewood Subdivision,Nsaidepointllying on 2"E for 15a.00 feet t the boundary of a curve concave Southwesterly; theme following along the arc of said curve in a Northwesterly direction (said curve having a central angle of 26 °19'46 ", a radius of 1290.00 feet, a chord of 587.60 feet, a chord bearing of N36 °13'11 "W), for 592.80 feet. Thence Nconcave4South- for 8.82 feet; to a point of curvature, said curve lying westerly, thence along the arc of said curve Northwesterly (said curve having a central angle of 5 °15'16 ", a radius of for 160 feet, a chord of 164_10 feet, a chord bearing of N52 °00'42 "i'i for 164.5 feet, thence S34 043'16 "W for 150.01 feet to the NELY R/W of St. inn Andrews adius of said point lying on a curve concave SWLY (said curve having 1640.00 feet, a central angle of 2 "47'43 ", a chord of 80.00 feet, a chord beg. of N55 °58'40 "W) for 80.01 feet; thence N34 "43'16 "E for 254.43 feet; thence N00 °32'55 "E for 194.21 feettoPo e Southerly R/W and line of Rattlesnake Hammock Road (C -864), The above described tract is subject to all easements, rights of way, reservations, and restrictions of record, and entails 23.529 acres, more or less. MO 11IAM 1 RUCr�T.` CLUZIL 16K7 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Terracina, LLC a Minnesota Limited Liability Company, (hereinafter referred to as "Terracina ") and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Terracina has filed suit against the County in Case No.02 -4440- CA currently pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida (hereinafter referred to as the "Litigation "); and WHEREAS, the County has filed a Counterclaim against Terracina in the Litigation in connection with the property described in Exhibit "A" attached hereto (hereinafter referred to as the "Property "); and, WHEREAS, Terracina and the County, without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to impact fees associated with development of the Property prior to the date of this Agreement; and, WHEREAS, Terracina and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, 16K7 principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Terracina and the County agree as follows: 1. Terracina and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to Impact Fees, and for and in consideration of the following: a. Terracina will dismiss with prejudice, in their entirety, its claims in the Litigation; b. The County will dismiss with prejudice its Counterclaim, in its entirety, in the Litigation; C. The County will forego its pursuit of any appeal of any aspect of the Litigation; d. The parties will stipulate to no final order being entered in the Litigation; e. Terracina will forego its claim for a refund of $35,019.45 for an overpayment of impact fees; f. The County will tender to Terracina, in full settlement of all matters pertaining to the issuance of a building permit to the development of the Property as they relate to impact fees, the sum of $17,500.00. g. The County will record a Satisfaction of Lien on the Property in the Public Records of Collier County; 2 " 16K 7 " In consideration of the above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by the County and Terracina, this settlement agreement and release is hereby entered into and covers all claims relating to impact fees between the parties hereto in connection with the development of the Property prior to the date of this Agreement. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the County, on behalf of itself, as well as on behalf of its attorneys, agents, representatives, and assigns, and Terracina on behalf of itself, as well as on behalf of its attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge each other, as well as their officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that they have asserted or could have asserted against each other that arise from or relate or refer in any way, whether directly or indirectly, to Impact Fees in connection with the development of the Property prior to the date of this Agreement. This Agreement shall not and does not apply to any future impact fees that Terracina may become responsible for after the date of this Agreement for future development of the Property. 4. Terracina and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 3 16K7 5. Terracina and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Terracina or the County. 6. Terracina and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 7. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 8. In the event of an alleged breach of this Agreement and Release, Terracina and the County agree that all underlying causes of action or claims of Terracina and the County have been mutually extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Terracina and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 4 16K7 9. In any action arising out of an alleged breach of this Agreement and Release, Terracina and County agree that the prevailing party shall be entitled to recover its reasonable costs and attorneys' fees from the other party. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Terracina and the County have signed and sealed this Agreement and Release as set forth below. ATTEST: ��,�,, ,�� DWIGHT..R, ' , ,��, lark of Courts 44_ ier•�n'It -Pl9rida F r By: )uty. C,jerk , ": ; Date 410PN 1rom's TERRACINA, LLC Witnesses: (Signature) c,q,ra,, 73- (Print) Date: M&ik ( 3-- 2-00 Ij (S-ignature: v � f ( rnt) Date: 5 BOARD OF COUNTY COMMISSIO ERS OF COLLIER COUNTY, F RIDA By: TOM HENNI G, Chairma Date: 1. 3 0 3 By: a- Patricia A. Bilich, Secretary 16K7 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN TERRACINA, LLC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by }�,, .��� . cam. \, r who 2003. appeared before me, this k:5 day of Signatur f Notary Public O.V--� C i -C �y- P, "i "U C Commissioned Name of Notary Public (Please print, type or stamp) My US NANCY CURWICK tIOTARY PUBLIC- MINNESOTA f,1y commission Expires Jan.31, 2005 Approved as to form and legal sufficiency: cqueline Hubbard Robinson Assistant County Attorney h: Jackie/ Terracinalsettlement agreement & release L Personally or Produced Identification Type of Identification Produced 0 OCT -09 -2002 09:52 G.H.R. EXHIBIT "A" Description of the Property 407 422 5690 P -06/06 1. 6 K bl 7 Tract B, EMBASSY WOODS GOLF AND COUNTRY in Plat Book17,TPages 47A48,,and PHASE ONE, according to the plat thereof recorded 49, of the Public Records of Collier County, Florida. 14504718 - PQUINN - N 47874.1 9/16/1002 5 TflT f,i D �C 1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS T 17A To: Clerk to the Board: Please place the following as a: )LXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) w•, r* ww.. w.******«**«*** « * * * * « « *,r * * * *w * * * * * * * * * * * « * * ** w * * *r *,krti�* ,r *t► * * ** wryr ,► *,t *ww * *•�,r,►w * * *w *ww *w•rr.r Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Date: 3 - ( 9 -03 Petition No. (If none, give brief description): PUDA- 2002 -AR -2240, TWELVE LAKES PUD Petitioner: (Name & Address): Donald L. Pickworth, P.A., and Anita Jenkins, AICP, of WilsonNfiller, Inc., 3200 Bailey Lane, Ste 200, Naples, FL :� Lf! ob Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida 34108 Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: Mav 13.2003. based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: PUDA- 2002 -AR 2240, Donald A. Pickworth, P.A., and Anita L.-. Jenkins, AICP, of WilsonMiller, Inc., representing Centex Homes, requesting an amendment to the Twelve Lakes PUD for the purpose of updating the master plan and development standards within the approved Twelve Lakes PUD located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 262.33tacres. ' b A Companion petition(s), if any & proposed hearing date: - Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: . " 113 - 138312 - 649110° ;W e 'ewed by: Approved by: Departmen ead ate Cody Manager Date 4Y List Attachments: - t: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure.that any necessary 1. legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's. office will distribute copies 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerics Office, rttatning a copy for file. *********** �*************•*,.*** ww****, t**** ww**,►, r, r**** ww* wwr*, r+ e., r* rswi►,. s. wwwwwr ►+►+e.w *tt *ww * * *t * * *r+r,e * *wrr FOR CLERK'S OFFICE USE ONLY: _ Date Received.3 -5-03 Date of Public hearing Date Advertised: "�7'd 3 iJS � 6j Mb 17A ORDINANCE NO.03— ______ AN ORDINANCE AMENDING COUNTY NUMBER 91 -102, THE DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY NUMBERED THE OFFICIAL AND ZONING ATLAS MAPS ZONING THE ZONING BY CLASSI',FICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM KPTHEPTWELVE UNIT DEVELOPMENT NOWN AS LAKES PUD FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 STING EAST, OF CO262.3 R COUNTY, FLORIDA, CONS ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER LAKES AS PAMENDND, THY FORMER TWELVE PROVIDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, of WilsonMiller, Inc., and Donald A. Pickworth, P.A. , re resenting Land Trust #5222, petitioned the Board of County Commissioners to change the p zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Townshi p 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Maps numbered 0604N, and 0604S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 87 -4, as amended, known as the Twelve Lakes PUD, adopted on February 10, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 17A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency �Maijorie M. Student Assistant County Attorney PUDA - 2002- AR- 2240/RB /10 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN TWELVE LAKES A PLANNED UNIT DEVELOPMENT PREPARED FOR Centex Homes 5801 Pelican Bay Boulevard, Suite 600 Naples, FL 34108 MARCH 2003 Exhibit "A" 3142003- 103024 Ver: 03A- PCase C"43 03519 -001 -004- PPUD- 22919 17A EXHIBIT A TWELVE LAKES PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Date Filed: Date Approved by CAPC: Date Approved by BCC: Ordinance Number: Amended Ordinance Number: Date Amendment Filed: Date Approved by CCPC Date Approved by BCC Ordinance Number 3/4/2003-103024 Ver: 03!- PCase CAM 03519- 001 - 004 - PPUD- 22919 17q 4 -01 -86 12 -18 -86 2 -10 -87 87 -4 98 -50 3 -4 -02 I I kq I a] STATEMENT OF COMPLIANCE ..................................................................... SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ................. SECTION 11 PROJECT DEVELOPMENT ................................................... SECTION III RESIDENTIAL DISTRICT ....................................................... SECTION IV COMMERCIAL DISTRICT ...................................................... SECTION V PRESERVATION AREA DISTRICT ....................................... SECTION VI GENERAL DEVELOPMENT COMMITMENTS ..................... 17A ...........................1 ........................... 2 ........................... 4 .........................14 .........................17 .........................19 ......................... 20 EXHIBIT A TWELVE LAKES MASTER PLAN (WilsonMiller File No. D-03519-08) 3/412003- 103024 Ver: 031- PCase CA"' 03519-001-D04- PPUD- 22919 17A u _ I ► III I 111546IT&S14911T,12 Q_Wi:LON Development of Twelve Lakes as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The project's residential, commercial and associated recreational facilities will be consistent with the growth policies and land development regulations of the GMP Future Land Use Element and other applicable regulations for the following reasons: The Twelve Lakes development (Ordinance 87-4) was zoned to PUD prior to adoption of the GMP (January 10, 1989), and was found to be consistent through the zoning reevaluation program; and therefore is found to be consistent with the GMP as provided for in Policy 5.1. of the Future Land Use Element (FLUE). The development will be compatible with and complimentary to the surrounding land uses as required in Policy 5.4 of the FLUE. 2. All project improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The Master Development Plan insures a generous amount of common open space and flexibility in design to insure a quality living environment for residents of the development as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 3/4/2003- 103024 Ver: 03A- PCese Caw 0 3 51 9 -001 -004- PPUD- 22919 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of the TWELVE LAKES PUD. 1.2 LEGAL DESCRIPTION The subject property is 262.3 acres in area. It is described as: That portion of the east 1/2 of Section 4, Township 50 S, Range 26 E, Collier County, Florida, located north of the right -of -way for Davis Boulevard and south of the right -of -way for Radio Road. 1.3 PROPERTY OWNERSHIP Title to the subject property is currently in Land Trust # 5222, held by The National Trust Company, P.O. Box 1857, Naples, Florida 33939 -1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The 262.3 acre tract, bounded on the north by Radio Road and on the south by Davis Boulevard, lies one mile west of the Davis Boulevard/ Collier Boulevard intersection. B. The project site is generally bordered on the west by residentially zoned property; on the north by Radio Road; on the east by residentially zoned property; and on the south by Davis Boulevard. C. The property at the time of PUD to PUD rezone application was zoned PUD. D. The property is relatively flat, ranging in elevation from just under 12 feet to 9.5 feet above mean sea level. Lands lower than 10 feet in elevation are generally wetland, vegetated primarily with scattered cypress and associated wetland plants. All other lands are generally vegetated with pine and associated upland plants. The largest wetland area lies in the southeasterly portion of the property and abuts Davis Boulevard. E. Soil types on the property include Boca fine sand and Pineda fine sand, and limestone substratum. The wetland areas occur in such shallow depressions and have such a short hydroperiod that cypress swamp soils have not formed. F. The project is located in the Lely Outfall Canal (Water Management District 6) as depicted within the Collier County Drainage Atlas (January 2002). 1.5 DEVELOPMENT OF REGIONAL IMPACT The Twelve Lakes DRI Development Order Resolution 87 -1, as amended, has expired. Subsequent to the adoption of Resolution 87 -1, the residential thresholds applicable to Collier County have increased such that the residential development authorized by this 3/4/2003- 103024 Ver. 031- PCase CA043 03519- 001 -004- PPUD- 22919 t PUD is no longer required to undergo DRI review. No development under this PUD shall be permitted until the Development Order has been abandoned pursuant to Rule 9J- 2.0251, Florida Administrative Code, or a new development order has been adopted, at the election of the owner. 3!42003- 103024 Ver: 03!- PCase CA043 03519-001-004- PPUD- 22919 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 147A The purpose of this Section is to generally describe the project development plan for the Twelve Lakes PUD and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Twelve Lakes PUD may include a range of single family and multi - family housing along with a commercial center, which will provide many services and facilities that support its residents B. The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D- 03519 -2). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, acreage, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval. 2.3 COMPLIANCE WITH COUNTY ORDIANCES A. From and after the adoption of this PUD Ordinance, all project development shall be in accordance with the development regulations set forth in this document and any other applicable provisions of the LDC, the GMP and other ordinances of the County. The PUD document is the prevailing ordinance governing the zoning and development of the Property. In the event of a conflict between the development regulations contained in this PUD and other ordinances of general application, including the LDC, the provisions of this PUD Ordinance shall prevail. Should the PUD Ordinance be silent on a particular matter, the LDC or other ordinances of general application in effect at that time shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. 2.4 MAXIMUM PROJECT DENSITY No more than 1,000 residential units shall be constructed within the Twelve Lakes project. Development of all 1,000 dwelling units results in a gross project density of approximately 3.8 units per acre. 2.5 SITE DEVELOPMENT PLAN APPROVAL REQUIRED Division 3.3, Site Development Plans, of the LDC (Article 3, Division 3.3) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted pursuant to Section 3.3.4 of the LDC. 2.6 RECORD PLAT APPROVAL REQUIREMENTS The Subdivision Division of the LDC (Article 3, Division 3.2) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted pursuant to Section 3.2.4 of the LDC. 31412003. 103024 Ver 031- PCese CN 03519-00-004- PPUD- 22919 15 74 2.7 DEVELOPMENT PHASE SEQUENCE A. Submission, review and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. B. Following submittal, review, and approval of the first phase Final Subdivision Plat, clearing and filling for the entire site for the following land use types shall be permitted: Rights -of -way (public and private) Surface water management berms Surface water management lakes C. Following submittal, review, and approval of the first phase Final Subdivision Plat, excavation and blasting shall be permitted for the construction of all of the surface water management lakes and infrastructure. 2.8 LAKES, DETENTION AREAS AND EXCAVATION A. Water management facilities shall be constructed to the size and depth required to meet water quality needs and to be consistent with the requirements of Division 3.5, Evcavation, of the LDC and South Florida Water Management District (SFWMD). An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC. B. Upon receipt of a development excavation permit, all lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the LDC, however removal of fill and rock from the Twelve Lakes PUD shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Off -site hauling of rock and fill material shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. The finished side slopes of the excavated lakes, expressed as the ratio of the horizontal distance in feet to one foot of vertical elevation change, shall be constructed at a slope of four to one (or flatter) from the existing grade to a breakpoint at least six feet below the control elevation. Below this breakpoint slopes shall be constructed at a slope of two to one or flatter. 2.9 COMMUNITY DEVELOPMENT DISTRICT A. The developer may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Twelve Lakes PUD. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure will be managed and financed by such a CDD. The construction of this infrastructure shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Twelve Lakes development. 3/412003-103024 Ver: 031 - PCase CPf4.9 03519.001_004- PPUD- 22919 17 ti 2.10 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat review. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. B. The developer retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all privately owned and maintained project roadways. C. Roadways within the Twelve Lakes PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section 3.2.8.4.16.5. - Street right -of -way width: The minimum right -of- way width to be utilized for a local street within Twelve Lakes shall be forty (40) feet. 2.11 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations of such amenities. 2.12 MODEL HOMES /SALES CENTERS /SALES OFFICES /CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES 1. A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the requirements of Section 2.6.33.3. of the LDC. The Planning Services Director may extend the duration of the temporary use permit for a time period equal to the date of the issuance of the last certificate of occupancy for the project. 2. Construction offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells. 3. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES Model homes, sales centers, and sales offices shall be permitted principal uses throughout the Twelve Lakes PUD. 2. Model homes shall be "wet" or "dry" facilities. a) "Wet" facilities may be occupied by a sales office and /or representative. b) "Dry" facilities shall be unoccupied by a sales office and/or representative. c) The sales center shall provide the required parking and handicapped accommodations in accordance with Section 2.6.33.4.1.11. of the LDC. 3/42003- 103024 Ver. 031 -PCase CAM13 03519 -001- 004 - PPU6 22919 7 174 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures, other than dwelling units and dry model homes, shall not be required. 4. Temporary use permits for (a) model sales centers, (b) sales offices located either in permanent structures within a dwelling unit or in a temporary structure, (c) sales offices located in multi - family structures, and (d) wet model homes shall be required. a) The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4 of the LDC, except where the model sales center, sales office or wet model homes are located within a "model home row ", in which case the Planning Services Director may extend the temporary use permit for a time period equal to three (3) months after 100% of the Twelve Lakes PUD units are sold. 5. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a dwelling unit, a conceptual site plan (CSP) which meets the requirements of Section 2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a CSP which addresses the requirements of section 2.6.33.4.1.11. of the LDC, or an SDP, depending on the extent of the work required. 6. A maximum of ten (10) model homes shall be permitted within this development prior to final plat approval. Model homes to be located within a proposed single family development may be approved following administrative approval of the plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2. of the LDC. Temporary use permits for units used for sales centers in multi - family projects will not be issued prior to final plat recordation or prior to final approval of the project site development plan. 7. Unoccupied dry model homes will be permitted only in conjunction with an approved site development plan for a model sales center which provides adequate parking to support the model(s). Temporary use permits for occupied wet model homes shall require a conceptual site plan which addresses the requirements of Section 2.6.33.4.1.11. of the LDC. 8. Model homes, sales centers, and sales offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells prior to the availability of central utility systems at which time connection to the central system shall be made. 3!42003. 103024 Ver. 031- PCase CA%3 0 3 51 9 -00 1 -004- PPUD- 22919 17A 2.13 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Twelve Lakes Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the GMP and the Twelve Lakes PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration or relocation of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District. 2. Internal realignment of rights -of -ways. 3. Relocation of access points to Davis Boulevard or Radio Road, if required by Collier County. 4. Reconfiguration, relocation or change in acreage of parcels, when there is no decrease in preservation area, or increase in commercial area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or SDP approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.14 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property 3142003- 103024 Ver 03!- PCase CAV 03519 -001 -004- PPUD- 22919 I owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Twelve Lakes PUD, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90 -292, together with any applicable permits from the South Florida Water Management District. 2.15 LANDSCAPE BUFFERS BERMS FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Twelve Lakes PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10') as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm elevation. C. Upon submission of a typical cross - section, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Twelve Lakes PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement on final plats, or identified in a separate, recorded instrument. D. Fences or walls may be placed zero feet (0) from the internal right -of -way provided that shrubs are provided in the right -of -way pursuant to Section 2.11 of this PUD Document and may be located five feet (6) from the project perimeter. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights -of- way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers. G. Landscape berms located within the Twelve Lakes PUD boundary and contiguous to a property line and /or right -of -way line may be constructed such that the toe of slope is located on the property line and/or right -of -way line. H. Permiter buffers shall meet the LDC requirements in effect at the time of SDP or PSP review. 3/4/2003- 103024 Ver: 031- PCsse carat 03519- 001.004- PPUD- 22919 17R 10 Internal recreational and community facilities do not require perimeter buffers. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Twelve Lakes PUD except in the Preservation Area, unless otherwise provided for in Section V of this PUD Document. General permitted uses are those uses which generally serve the developer and residents of the Twelve Lakes PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, trails and recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape /hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in this PUD. 9. Fill storage, site filling and grading subject to the standards set forth in this PUD Document. 10. Any other accessory use which is comparable in nature with the foregoing uses and which is approved through the process set forth in the LDC. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: a) Front: ten feet (10') b) Side: five feet (5') c) Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (51). 3/42003- 103024 Ver: 031- PCase Cnw 03519 -001 -004- PPUD- 22919 11 4. Minimum distance between unrelated structures - ten feet (10').' C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC provision in effect at the time of SDP or PSP review. 2.17 OPEN SPACE REQUIREMENTS The preserve area, lakes, open space, and buffer designations, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site satisfy the requirements the Conservation and Coastal Management Element of the GMP. There may be some adjustments to the proposed preserve areas during SFWMD and federal permitting. 2.19 SIGNAGE A. General All Collier County sign regulations in force at the time of building permit approval shall apply unless such regulations are in conflict with the regulations set forth in this Section, in which case the PUD Document shall govern. 1. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign permitted herein. 2. Should any of the signs be requested to be placed within a County dedicated right -of -way, a right -of way permit must be applied for and approved. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Director for consistency with the requirements set forth herein. 5. Signs may be allowed in landscape buffers. B. Boundary Markers One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the community and the insignia or motto of the development. 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two - sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by the total square footage occupied by the name, insignia, and motto only. 3/42003- 103024 Ver: 031- PCese cores 03519 -001 -004- PPUD- 22919 17 I 7rti 4. The setback for the signs from Davis Boulevard or Radio Road rights -of -way and any perimeter property line shall be 5 feet. C. Project Entrance Signs Three ground or wall- mounted entrance signs maybe located on each side of the entrance right -of -way and in the entry median. Such signs may contain the name of the community, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of an entrance sign may not exceed 200 square feet. If the sign is a two -sided sign, each sign face may not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Davis Boulevard or Radio Road rights -of -way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. Temporary Signs Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two- sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Davis Boulevard or Radio Road rights - of -way and any perimeter property line shall be 5 feet. 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build -out. 6. Special event signs, not exceeding 32 square feet per side in size, may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: the developer may display on -site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. 3/42003- 103024 Ver 03!- PCese 0 ..3 03519.001 -004 PPUO- 22919 0�r 13 E. Construction Entrance Signs 1. Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required F. Internal Signs Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights -of -way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Twelve Lakes PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs shall be a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 3. Wildlife crossing signs may be located within public rights -of -way in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Setbacks from road rights -of -way may be zero feet (0'). Individual signs may be a maximum of 6 square feet per side. 4. Wildlife identification signs may be located within the Preserve District in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Individual signs may be a maximum of 6 square feet per side. No building permit is required. 5. The developer may locate real estate signs with a maximum size of 6 square feet per side in residential districts. No building permit is required. G. TRAFFIC SIGNS Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 3142003- 103024 Ver: 03!- PCase caw 03519 -001 -004- PPUD- 22919 17� SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify the permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units to be built pursuant to this PUD will not exceed 1,000 units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. General permitted uses as defined in Section 2.16 2. Single family detached dwellings 3. Single family attached dwellings 4. Single family zero lot line dwellings 5. Multiple family dwellings 6. Group housing and cluster housing 7. Churches and other places of worship when located adjacent to and accessed directly from the proposed public road subject to the provisions of LDC Division 3.3 Site Development Plans and subject to the multi - family development standards set forth in Table 1. 8. Child care centers. B. Accessory Uses: 1. Accessory uses and structures customary in single and multiple family residential projects, including recreational buildings, equipment, and associated facilities. 2. At the option of the Collier County Supervisor of Elections, any community recreation building within the project may be utilized as a polling place during general or special elections. 3. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. 314/2003- 103024 Ver: 031- PCese carat 03519 - 001 -004- PPUD- 22919 1 71 4 B. Site development standards for single family uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, shall be in accordance with the LDC in effect at the time of SDP approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during SDP approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the district in which proposed use is located. 3.5 GROUP HOUSING AND CLUSTER HOUSING: Upon approval of a SDP, the Planning Services Director may permit group housing and cluster housing projects with a common architectural theme to vary from the conventionally required minimum lot area, minimum lot width and minimum yard requirement standards. Prior to approval of a group housing or a cluster housing site development plan, the Planning Services Director shall insure that the project is appropriate for and compatible with the surrounding area, and that the intent of the PUD standards are complied with. 3/412003-103024 Ver: 031 - PCase CAV 03519- 001 -004- PPUD- 22919 17,E 16 TABLE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within 1 foot of the right -of -way line. With approval from the developer, front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment such as a bulkhead or retaining wall is incorporated into design and subject to written approval from the developer. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 -Units with side entry garage may have a 10 foot front yard setback. Units with front entry garage must have a minimum 15 foot front yard setback. *4 -Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul-de -sac lots provided minimum lot area requirement is still maintained. *6 -Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from the developer, the setback from the twenty foot (20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lakes may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from the developer. 3142003- 103024 Ver: 031- PCase C"43 03519-001-004- PPUD- 22919 SINGLE FAMILY DETACHED PATIO & ZERO LOT LINE TWO FAMILY DUPLEX & DUPLEX SINGLE FAMILY ATTACHED AND TOWNHOUSE MULTI FAMILY DWELLINGS Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setback(Principal and Accessory) 20 15 *3 15 *3 15 *3 20 Front Yard for Side Entry Garage 10 10 10 10 10 Rear Yard Setback *7(Principal) 10 5 *8 10 10 .5 BH Rear Yard Setback *1(Accessory) 5 5 5 5 10 Side Yard Setback 7.5 0 *6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 35 35 35 35 50 Floor Area Minimum (SF) 1500 SF 1250 SF 1250 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within 1 foot of the right -of -way line. With approval from the developer, front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment such as a bulkhead or retaining wall is incorporated into design and subject to written approval from the developer. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 -Units with side entry garage may have a 10 foot front yard setback. Units with front entry garage must have a minimum 15 foot front yard setback. *4 -Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul-de -sac lots provided minimum lot area requirement is still maintained. *6 -Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from the developer, the setback from the twenty foot (20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lakes may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from the developer. 3142003- 103024 Ver: 031- PCase C"43 03519-001-004- PPUD- 22919 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE 1,7 A The purpose of this Section is to identify permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "C." 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 112,500 square feet gross of floor area for commercial and /or office uses may be constructed on land designated on the Master Plan as "C ". 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used in whole or part, for other than- the following: A. Principal Uses: A neighborhood shopping center, which may include a supermarket as its major tenant. The shopping center may also include a drugstore and smaller retail shops which offer a variety of consumer goods, financial institutions; offices, clinics, personal service establishments, laundry and dry cleaning, and post office. 2. Professional and/or medical office complex. 3. All permitted and accessory uses of the Residential District. B. Accessory Uses: 1. Customary accessory uses and structures. 4.4 DEVELOPMENT STANDARDS FOR COMMERCIAL USES A. Perimeter Setbacks That portion of the site which abuts a street right -of -way or commercially zoned land: 35 feet to the nearest principal structure 2. That portion of the site which abuts residentially zoned lands: 50 feet to the nearest principal structure. B. Maximum Height: 35 feet above the finished grade of the lot. C. Required Landscape Buffer Area: As required by the Collier County LDC in effect at the time of SDP application. Landscape buffers shall be permitted within the perimeter setback. D. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. E. Development Plan Approval: Prior to development of all or any portion of the commercial site, site development plan approval shall be obtained, and entry/exit drives which connect the commercial area to external streets shall be approved by 3142003- 103024 Ver: 031- PCme CAM43 03519 -001 -004- PPUD- 22919 r 1 a'. the County Transportation Services Department. One access drive shall connect to the Twelve Lakes PUD entrance drive. An additional access drive connecting to Davis Boulevard may be approved, but may be limited in nature (i.e. right turn in, right turn out) for traffic safety reasons. 4.5 DEVELOPMENT STANDARDS FOR RESIDENTIAL USES Development standards as set forth in Section III, Residential District of this PUD shall apply to residential uses within the Commercial District. 3/42003- 103024 Ver: 03!- PCese C #43 03519- 001 -004 - PPUD- 22919 e 1 SECTION V PRESERVATION AREA DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Twelve Lakes PUD designated on the Master Plan, as "P" Preservation Area. 5.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretiveleducational trails and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (elevated and at grade), and gazebos. 2. Water management structures. 3. Temporary construction access road. 4. Utility or roadway crossings. 5. Wildlife signs per Section 2.19 of this PUD document. B. Any other use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC. 5.4 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The developer, its successors or assigns, or the Twelve Lakes CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 3/42003- 103024 Ver: 031- PCSs CP 03519-001-004- PPUD- 22919 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE 1,7A The purpose of this Section is to set forth the general development commitments of the developer within the Twelve Lakes PUD. 6.2 GENERAL A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the LDC relating to the same shall apply to this project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. 6.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the LDC. 6.4 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on site. A Habitat Management Plan for those protect species shall be submitted to Planning Services Staff for review and approval prior to final site plan /construction plan approval. C. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance with Sec 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida 3/4/2003- 103024 Ver: 03!- PCase ca#43 03519-001-004- PPUD- 22919 1 At Environmental Resources Permit Rules and be subject to review and approval by Planning Services Staff. E. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final plat/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - mentioned plan. F. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Planning Services Staff. G. A gopher tortoise relocation /management plan shall be submitted for review and approval at the time of final construction plan submittal. The conditions of such approval shall be added to the construction plans. Off -site relocation may be required if the applicant cannot provide adequate habitat for on -site relocation. 6.5 TRANSPORTATION A. All traffic control devices used must be in accordance with the standards adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements will be in place prior to the issuance of the first Certificate of Occupancy. E. Road impact fees will be paid in accordance with Collier County Ordinance 2001 -13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. F. Any and all points of ingress and /or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by Collier County Transportation Staff. The County reserves the right to modify or close any ingress and /or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, roadway capacity problems. G. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and theLDC, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect 3/4/2003 103024 Ver: 03!- PCase CM43 03519 -001 -004- PPUD- 22919 22 17A on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in /right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). I. The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. J. The developer(s) will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. K. The developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right -of -way and/or compensating right -of -way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. L. All work within the Collier County right -of -way will meet the requirements of Collier County Ordinance No. 93 -64. M. All internal access(es), drive aisles, sidewalk(s) not located within the County right - of -way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan approval. O. Frontage, midpoint and /or backside interconnection(s) may be required by Collier County Transportation Staff as a condition of site development plan approval. P. Prior to development of any and all portion(s) of the development(s), SDP approval must be obtained /received from the Collier County Transportation Services Division. 3/4/2003- 103024 Ver: 031- PCase C"43 03519 -001 -004- PPUD- 22919 17A 6.6 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within the platted rights -of -way or within dedicated county utility easements, shall be conveyed to Collier County, pursuant to Collier County Ordinance 97 -17, as amended. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. D. The project's water distribution system will be connected to the County's existing 12- inch water main located on the south side of Radio Road and extended throughout the project, and connected to the County's existing 16 -inch water main located on the south side of the Davis Boulevard right -of -way. E. The project's sewage transmission system shall be connected to the County's existing 14 -inch sanitary force main located on the north side of the Davis Boulevard right -of -way. 6.7 WATER MANAGEMENT A. The site drainage and grading information shall be submitted to the County in accordance with the requirements of Division 3.2 and Division 3.3 of the LDC. B. An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC, except as otherwise provided herein. C. In accordance with SFWMD Rules, this project shall be designed for a storm event of a 3 -day duration and a 25 -year return frequency. D. At the time of construction plans review, the developer shall verify that the peak storm stages at the site do not cause adverse off -site impacts to neighboring developments. E. The Lely Area Stormwater Improvement Program identifies the ultimate outlet for the Twelve Lakes development as being at the southwestern corner of the property. The construction plans shall identify any necessary provisions required to direct flow from Basin OFF1 toward the ultimate outlet at the southwestern property corner. F. All existing or proposed easements for Collier County stormwater infrastructure shall be maintained free of landscaping or other obstacles which would impede maintenance crews and equipment from gaining adequate access to the stormwater infrastructure. G. Stormwater runoff from the developed portions of the site will be discharged to the preserved areas of the site. The runoff will then travel across the existing ground surface of the preserve areas (generally in a southwesterly direction) to the existing Davis Boulevard Right -of -Way. Upon reaching the Davis Boulevard Right -of -Way the flows will be conveyed in a westerly direction to the southwestern corner of the 3/4@003- 103024 Ver: 03! -PCase CA143 03519 - 001.004- PPUD- 22919 17A property where it will enter the stormwater facility improvements identified in the Lely Area Stormwater Improvement Program. The flows will ultimately be conveyed to the County maintained canal along the northern side of Davis Boulevard. 3/42003. 103024 Ver: 031- PCase CAW 03519 -0Ot -004- PPUD- 22919 17P, March 26, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDA- 2002 -AR -2240 (Twelve Lakes PUD) Dear Georgia: Please advertise the above referenced notice on Sunday, April 27, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Marie Clos, Deputy Clerk P.O. /Account # 113 - 138312- 649110 17P, NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 13, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0604N AND 06045 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TWELVE LAKES PUD, FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.33+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87 -4, AS AMENDED, THE FORMER TWELVE LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDA- 2002 -AR -2240, Donald A. Pickworth,P.A.,and Anita L.Jenkins, AICP, of WilsonMiller, Inc., representing Centex Homes,requesting an amendment to the Twelve Lakes PUD for the purpose of updating the master plan and development standards within the approved Twelve Lakes PUD located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 262.33+ acres. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 17A Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Marie Clos, Deputy Clerk (SEAL) 17A March 26, 2003 Donald L. Pickworth 5150 N. Tamiami Trail Suite 502 Naples, Fl 34103 -2812 Re: Notice of Public Hearing to consider Petition PUDA- 2002 -AR -2240, Twelve Lakes PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure 17A March 26, 2003 Anita Jenkins WilsonMiller, Inc., 3200 Bailey Lane Suite 200 Naples, Fl 34108 Re: Notice of Public Hearing to consider Petition PUDA- 2002 -AR -2240, Twelve Lakes PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure 17A March 26, 2003 Centex Homes 5801 Pelican Bay Blvd Suite 600 Naples, F1 34108 Re: Notice of Public Hearing to consider Petition PUDA- 2002 -AR -2240, Twelve Lakes PUD Dear Centex Homes: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Marie Clos, Deputy Clerk Enclosure 17A Marie J. Clos From: Marie J. Clos Sent: Wednesday, March 26, 2003 2:52 PM To: Georgia (E -mail) Subject: ads Please run this ad on april 27th. PUDA- 2002 -AR -224 PUDA2002- AR2240 O.doc.dot Am thanks marie Marie J. Clos 17A From: System Administrator [postmaster@ naplesnews.com] Sent: Wednesday, March 26, 2003 2:51 PM To: Marie J. Clos Subject: Delivered: ads LLJ ads <<ads>> Your message To: Georgia (E -mail) Subject: ads Sent: Wed, 26 Mar 2003 14:51:42 -0500 was delivered to the following recipient(s): legals on Wed, 26 Mar 2003 14:50:56 -0500 1 ads Pagel of 1 Marie J. Clos 17A From: legals [legal s @naplesnews.com] Sent: Wednesday, March 26, 2003 5:08 PM To: Marie J. Clos Subject: RE: ads rcvd to run april 27 georgia - - - -- Original Message---- - From: Marie I Clos [ mailto: Marie.Clos @clerk.collier.fl.us] Sent: Wednesday, March 26, 2003 2:52 PM To: Georgia (E -mail) Subject: ads Please run this ad on april 27th. << PUDA- 2002- AR- 2240.doc.dot>> <<PUDA2002- AR2240.doc>> thanks marie 3/31/2003 Naples Deily New- Naples, FL 34102 Affidavit of Publication — ~Naples Daily News -- ~- --- ~--- ~- - ~ - - ---- ------------- ------ - +-- - ~--- ~ °--- ---- --~ - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58648065 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 04/27 AD SPACE: 170.000 INCH FILED ON: 04 /28/03 --------------------------- Signature of Affiant _. �� Sworn to and Subscribed b re me �+ (�-- (I -' dly of 20 LI — Personally known by me �sP,, Donna Chesney `, My Commission DD05633 ?J'Y Expires September 11, 2005 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is her y Ivan on Tuesday, May 13, the p�nlnistrdW nlon, IIM ve�nmenF Center, 3301 East 7aamk»n! TrorNNc jr Florida, the Board of countyCe�u s wl consider the enactment metal ak A.M. The title of the proper �l nonce Is as follows: Petition PUDA- 2002 -AR -2240, Donald A. Plckworth- ,P+A and Aqr�taq L.Jenkirts, AIGP, of WlfsonMlller, lnc representing Centex Homes requesttno an amendment to the Twelve Lakes PUD far the pur- =ose odsu�e fthe master plan nd devvkelolopPUD Ion ih son 4, Township 60 South, R 26 East, Collier County, Florida, consisting of " +/ acres. A copy of the proposed Ordinance Is on file with the Clerk =the and Is available for Inspec- be . All. fi sted parties are Invited to alfend and NOTE: IIttemAmust register with the�kCountyaManno%* prior to prollvvid"yoln of the agenda Bem to be ad• min on an Z. The selection �of In In�dividdua to speak on of an nl=alion or group Is encoouraged. If recopnlsedY the Chairman, a alI a 11 m"'or to spookpoor Item. organization may be Persons wishing to have written or graphic ma- terials Included In the Board agenda packets must submit sold material a minimum of 3 weeks prior to the respective public hearing: In any Coss, writ- ten malerlols Intended to be considered by the Wshall be submRted to the appropriate County staff a minimum of seven days prior to the public Wnli All material used In presentations before o rd will become a permanent part of the re- Any whfMW des to I a dads of p�ertd d wig a the = n1ps�+ made. Ith ctuddeea the testimony d evi- dente upon which the appeol'Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Marie Clos, Deputy Clerk (AI j aril : Ne. 133139 17A " ORDINANCE NO. 03— 2 0 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0604N AND 0604S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE TWELVE LAKES PUD FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.33± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87 -4, AS AMENDED, THE FORMER TWELVE LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, of WilsonMiller, Inc., and Donald A. Pickworth, P.A., representing Land Trust #5222, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Maps numbered 0604N, and 0604S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 87 -4, as amended, known as the Twelve Lakes PUD, adopted on February 10, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 17 Ai PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 13 day of Mao , 2003. ATTEST: DWIGHT E. BROCK, Clerk 'Attest as to cmirm't Si it rt opl�. AOS owed as,-.to orm an e al Sufficiency Matjorie . Student Assistant County Attorney PUDA - 2002 -AR- 2240 /RB /lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • BY: TOM HENNING, CHAIRMAN 17,E EXHIBIT A TWELVE LAKES PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Date Filed: 4 -01 -86 Date Approved by CAPC: 12 -18 -86 Date Approved by BCC: 2 -10 -87 Ordinance Number: 87 -4 Amended Ordinance Number: 98 -50 Date Amendment Filed: 3 -4 -02 Date Approved by CCPC 4 -3 -03 Date Approved by BCC 5-13-03 Ordinance Number 03-20, 51812003-103024 Ve,: 05A- AJ-ki- 0351 03519 -001 -004- PPUD- 22919 17R INDEX STATEMENTOF COMPLIANCE ........................................................................ ..............................1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION .................... ..............................2 SECTION II PROJECT DEVELOPMENT ...................................................... ..............................4 SECTION III RESIDENTIAL DISTRICT ......................................................... .............................14 SECTION IV COMMERCIAL DISTRICT ........................................................ .............................17 SECTION V PRESERVATION AREA DISTRICT ......................................... .............................19 SECTION VI GENERAL DEVELOPMENT COMMITMENTS ....................... .............................20 EXHIBIT A TWELVE LAKES MASTER PLAN (WilsonMiller File No. D- 03519 -08) WORM- 103024 Wr: 05A- AJ-ki- c"43 03519 -001 -004- PPUD- 22919 117 A STATEMENT OF COMPLIANCE Development of Twelve Lakes as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The project's residential, commercial and associated recreational facilities will be consistent with the growth policies and land development regulations of the GMP Future Land Use Element and other applicable regulations for the following reasons: 1. The Twelve Lakes development (Ordinance 87 -4) was zoned to PUD prior to adoption of the GMP (January 10, 1989), and was found to be consistent through the zoning reevaluation program; and therefore is found to be consistent with the GMP as provided for in Policy 5.1. of the Future Land Use Element (FLUE). The development will be compatible with and complimentary to the surrounding land uses as required in Policy 5.4 of the FLUE. 2. All project improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 3. The Master Development Plan insures a generous amount of common open space and flexibility in design to insure a quality living environment for residents of the development as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. 5 /MO03. 103024 Ver: 05A. AJenkinc C.43 03519- 001 -004- PPUD- 22919 17a SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 2 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of the TWELVE LAKES PUD. 1.2 LEGAL DESCRIPTION The subject property is 262.3 acres in area. It is described as: That portion of the east 1/2 of Section 4, Township 50 S, Range 26 E, Collier County, Florida, located north of the right -of -way for Davis Boulevard and south of the right -of -way for Radio Road. 1.3 PROPERTY OWNERSHIP Title to the subject property is currently in Land Trust # 5222, held by The National Trust Company, P.O. Box 1857, Naples, Florida 33939 -1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The 262. 3 -acre tract, bounded on the north by Radio Road and on the south by Davis Boulevard, lies one mile west of the Davis Boulevard/ Collier Boulevard intersection. B. The project site is generally bordered on the west by residentially zoned property; on the north by Radio Road; on the east by residentially zoned property; and on the south by Davis Boulevard. C. The property at the time of PUD to PUD rezone application was zoned PUD. D. The property is relatively flat, ranging in elevation from just under 12 feet to 9.5 feet above mean sea level. Lands lower than 10 feet in elevation are generally wetland, vegetated primarily with scattered cypress and associated wetland plants. All other lands are generally vegetated with pine and associated upland plants. The largest wetland area lies in the southeasterly portion of the property and abuts Davis Boulevard. E. Soil types on the property include Boca fine sand and Pineda fine sand, and limestone substratum. The wetland areas occur in such shallow depressions and have such a short hydroperiod that cypress swamp soils have not formed. F. The project is located in the Lely Outfall Canal (Water Management District 6) as depicted within the Collier County Drainage Atlas (January 2002). 1.5 DEVELOPMENT OF REGIONAL IMPACT The Twelve Lakes DRI Development Order Resolution 87 -1, as amended, has expired. Subsequent to the adoption of Resolution 87 -1, the residential thresholds applicable to 518200 3-103024 Ver.05A- AJenkins C 43 03519-001-004- PPUD- 22919 17i? Collier County have increased such that the residential development authorized by this PUD is no longer required to undergo DRI review. No development under this PUD shall be permitted until the Development Order has been abandoned pursuant to Rule 9J- 2.0251, Florida Administrative Code, or a new development order has been adopted, at the election of the owner. 5/8t2003-103024 Ve,: 05A- AJenkm C-3 03519 - 001 -004- PPUU- 22919 r is SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 4 The purpose of this Section is to generally describe the project development plan for the Twelve Lakes PUD and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Twelve Lakes PUD may include a range of single family and multi - family housing along with a commercial center, which will provide many services and facilities that support its residents B. The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D- 03519 -2). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, acreage, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval. 2.3 COMPLIANCE WITH COUNTY ORDIANCES A. From and after the adoption of this PUD Ordinance, all project development shall be in accordance with the development regulations set forth in this Document and any other applicable provisions of the LDC, the GMP and other ordinances of the County. The PUD document is the prevailing ordinance governing the zoning and development of the property. In the event of a conflict between the development regulations contained in this PUD and other ordinances of general application, including the LDC, the provisions of this PUD Ordinance shall prevail. Should the PUD Ordinance be silent on a particular matter, the LDC or other ordinances of general application in effect at that time shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. 2.4 MAXIMUM PROJECT DENSITY No more than 1,000 residential units shall be constructed within the Twelve Lakes project. Development of all 1,000 dwelling units results in a gross project density of approximately 3.8 units per acre. 2.5 SITE DEVELOPMENT PLAN APPROVAL REQUIRED Division 3.3, Site Development Plans, of the LDC (Article 3, Division 3.3) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted pursuant to Section 3.3.4 of the LDC. 2.6 RECORD PLAT APPROVAL REQUIREMENTS The Subdivision Division of the LDC (Article 3, Division 3.2) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted pursuant to Section 3.2.4 of the LDC. 5182001 1 03 024 Ver: 06A- AJenkins c 3 03519 -001 -004- PPUD- 22919 17A 2.7 DEVELOPMENT PHASE SEQUENCE A. Submission, review and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. B. Following submittal, review, and approval of the first phase Final Subdivision Plat, clearing and filling for the entire site for the following land use types shall be permitted: Rights -of -way (public and private) Surface water management berms Surface water management lakes C. Following submittal, review, and approval of the first phase final subdivision plat, excavation and blasting shall be permitted for the construction of all of the surface water management lakes and infrastructure. 2.8 LAKES DETENTION AREAS AND EXCAVATION A. Water management facilities shall be constructed to the size and depth required to meet water quality needs and to be consistent with the requirements of Division 3.5, Excavation, of the LDC and South Florida Water Management District (SFWMD). An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC. B. Upon receipt of a development excavation permit, all lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the LDC, however removal of fill and rock from the Twelve Lakes PUD shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Off -site hauling of rock and fill material shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. The finished side slopes of the excavated lakes, expressed as the ratio of the horizontal distance in feet to one foot of vertical elevation change, shall be constructed at a slope of four to one (or flatter) from the existing grade to a breakpoint at least six feet below the control elevation. Below this breakpoint slopes shall be constructed at a slope of two to one or flatter. 2.9 COMMUNITY DEVELOPMENT DISTRICT A. The developer may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Twelve Lakes PUD. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure will be managed and financed by such a CDD. The construction of this infrastructure shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Twelve Lakes Development. 5/812003.103024 Ve,: 05A- AJenkina C-3 03519-001-004- PPU6 22919 U-M 2.10 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or accepted by this PUD or approved during preliminary subdivision plat review. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. B. The developer retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all privately owned and maintained project roadways. C. Roadways within the Twelve Lakes PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section 3.2.8.4.16.5. - Street right -of -way width: The minimum right -of- way width to be utilized for a local street within Twelve Lakes shall be forty - feet (40'). 2.11 USE OF RIGHTS -OF -WAY Utilization of lands within all project rights -of -way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations of such amenities. 2.12 MODEL HOMES /SALES CENTERS /SALES OFFICES /CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the requirements of Section 2.6.33.3. of the LDC. The Planning Services Director may extend the duration of the temporary use permit for a time period that terminates upon the date of the issuance of the last certificate of occupancy for the project. 2. Construction offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells. 3. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES Model homes, sales centers, and sales offices shall be permitted principal uses throughout the Twelve Lakes PUD. 2. Model homes shall be "wet" or "dry" facilities. a) "Wet" facilities may be used as a sales office and /or by the developers /builders representative. b) "Dry" facilities shall not be used as a sales office nor by the developer's representative. SB2003- 103024 Ver: 05k Menkins C 3 03519 -001 -004- PPUD- 22919 17A 7 c) The sales center shall provide the required parking and handicapped accommodations in accordance with Section 2.6.33.4.1.11. of the LDC. 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures, other than dwelling units and dry model homes, shall not be required. 4. Temporary use permits for (a) model sales centers, (b) sales offices located either in permanent structures within a dwelling unit or in a temporary structure, (c) sales offices located in multi - family structures, and (d) wet model homes shall be required. a) The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4 of the LDC, except where the model sales center, sales office or wet model homes are located within a "model home row ", in which case the Planning Services Director may extend the temporary use permit for a time period equal to three (3) months after 100% of the Twelve Lakes PUD units are sold. 5. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a dwelling unit, a conceptual site plan (CSP) which meets the requirements of Section 2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a CSP which addresses the requirements of section 2.6.33.4.1.11. of the LDC, or an SDP, depending on the extent of the work required. 6. A maximum of ten (10) model homes shall be permitted within this development prior to final plat approval. Model homes to be located within a proposed single - family development may be approved following administrative approval of the plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2. of the LDC. Temporary use permits for units used for sales centers in multi - family projects will not be issued prior to final plat recordation or prior to final approval of the project site development plan. 7. Unoccupied dry model homes will be permitted only in conjunction with an approved site development plan for a model sales center, which provides adequate parking to support the model(s). Temporary use permits for occupied wet model homes shall require a conceptual site plan, which addresses the requirements of Section 2.6.33.4.1.11. of the LDC. 8. Model homes, sales centers, and sales offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells prior to the availability of central utility systems at which time connection to the central system shall be made. 5182003- 103024 Vw: 05X Nenkins C"3 03519-001-004- PPUD. 22919 ]�7A 2.13 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Twelve Lakes Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the GMP and the Twelve Lakes PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration or relocation of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District. 2. Internal realignment of rights -of -ways. 3. Relocation of access points to Davis Boulevard or Radio Road, if required by Collier County. 4. Reconfiguration, relocation or change in acreage of parcels, when there is no decrease in preservation area, or increase in commercial area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or SDP approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.14 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a property owners' association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property 5/812003-103024 V- 05A- AJ.Wm CAW 03519- 001 -004- PPUD- 22919 17A owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Twelve Lakes PUD, in accordance with the provisions of Collier County Ordinance 90 -48 and Resolution 90 -292, together with any applicable permits from the South Florida Water Management District. 2.15 LANDSCAPE BUFFERS BERMS FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Twelve Lakes PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10') as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8) in height from the top of berm elevation. C. Upon submission of a typical cross - section, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Twelve Lakes PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement on final plats, or identified in a separate, recorded instrument. D. Fences or walls may be placed zero feet (0') from the internal right -of -way provided that shrubs are provided in the right -of -way pursuant to Section 2.11 of this PUD Document and may be located five feet (5) from the project perimeter. E. Fences and walls, which are an integral part of security and access, control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights -of- way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers. G. Landscape berms located within the Twelve Lakes PUD boundary and contiguous to a property line and /or right -of -way line may be constructed such that the toe of slope is located on the property line and /or right -of -way line. H. Perimeter buffers shall meet the LDC requirements in effect at the time of SDP or PSP review. 51812003- 103024 Ver: 05A- A)-ki- CA"3 03519 -001 -004- PPUD- 22919 17A 10 Internal recreational and community facilities do not require perimeter buffers. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Twelve Lakes PUD except in the Preservation Area, unless otherwise provided for in Section V of this PUD Document. General permitted uses are those uses which generally serve the developer and residents of the Twelve Lakes PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, trails and recreational facilities. 7. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape /hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in this PUD. 9. Fill storage, site filling and grading subject to the standards set forth in this PUD Document. 10. Any other accessory use which is comparable in nature with the foregoing uses and which is approved through the process set forth in the LDC. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: a) Front: ten feet (10') b) Side: five feet (5') c) Rear: ten feet (10') 3. Minimum distance between structures, which are part of an architecturally unified grouping - five feet (5'). 5!82003- 103024 Vw: 05A- Nenkins CAW 03519- 001 -004- PPUD- 22919 4 4. Minimum distance between unrelated structures - ten feet (10').' C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC provision in effect at the time of SDP or PSP review. 2.17 OPEN SPACE REQUIREMENTS The preserve area, lakes, open space, and buffer designations, in conjunction with open space areas included within the Residential District, shall fully satisfy the open space requirements of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements the Conservation and Coastal Management Element of the GMP. There may be some adjustments to the proposed preserve areas during SFWMD and federal permitting. 2.19 SIGNAGE A. General All Collier County sign regulations in force at the time of building permit approval shall apply unless such regulations are in conflict with the regulations set forth in this Section, in which case the PUD Document shall govern. 1. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign permitted herein. 2. Should any of the signs be requested to be placed within a County dedicated right -of -way, a right -of way permit must be applied for and approved. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights -of -way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Director for consistency with the requirements set forth herein. 5. Signs may be allowed in landscape buffers. B. Boundary Markers One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the community and the insignia or motto of the development. 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two - sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by the total square footage occupied by the name, insignia, and motto only. 5/812003-103024 Ver: OSA- AJenkins C 3 03519-001 -004- PPUU- 22919 4. The setback for the signs from Davis Boulevard or Radio Road rights -of -way and any perimeter property line shall be 5 feet. C. Project Entrance Signs 1. Three ground or wall- mounted entrance signs maybe located on each side of the entrance right -of -way and in the entry median. Such signs may contain the name of the community, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of an entrance sign may not exceed 200 square feet. If the sign is a two -sided sign, each sign face may not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Davis Boulevard or Radio Road rights -of -way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 15 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. Temporary Signs Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two- sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Davis Boulevard or Radio Road rights - of -way and any perimeter property line shall be 5 feet. 4. Temporary signs may not exceed 15 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 60% build -out. 6. Special event signs, not exceeding 32 square feet per side in size, may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: the developer may display on -site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. 5/82003- 103024 Ver: 05A- AJenkins CP 3 03519-001 -D04- PPUD 22919 13 E. Construction Entrance Signs Two "construction ahead" signs may be located at appropriate distances ahead from a construction entrance with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required F. Internal Signs Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights -of -way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Twelve Lakes PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs shall be a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 3. Wildlife crossing signs may be located within public rights -of -way in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Setbacks from road rights -of -way may be zero feet (0'). Individual signs may be a maximum of 6 square feet per side. 4. Wildlife identification signs may be located within the Preserve District in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Individual signs may be a maximum of 6 square feet per side. No building permit is required. 5. The developer may locate real estate signs with a maximum size of 6 square feet per side in residential districts. No building permit is required. G. TRAFFIC SIGNS Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 518/2003- 103024 Ver:05A- AJenkins CM43 03519- 001 -004- PPUD- 22919 cis ,17A SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify the permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units to be built pursuant to this PUD will not exceed 1,000 units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. General permitted uses as defined in Section 2.16 2. Single family detached dwellings 3. Single family attached dwellings 4. Single family zero lot line dwellings 5. Multiple family dwellings 6. Group housing and cluster housing 7. Churches and other places of worship when located adjacent to and accessed directly from the proposed public road subject to the provisions of LDC Division 3.3, Site Development Plans and subject to the multi - family development standards set forth in Table 1. 8. Child care centers. B. Accessory Uses: 1. Accessory uses and structures customary in single and multiple family residential projects, including recreational buildings, equipment, and associated facilities. 2. At the option of the Collier County Supervisor of Elections, any community recreation building within the project may be utilized as a polling place during general or special elections. 3. Any other accessory use, which is comparable in nature with the foregoing, uses and is approved through the process set forth in the LDC. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the'R' Residential District. 51W2003-103024 Ver: 05A- AJenklns CAM 03519- 001 -004- PPUD- 22919 17A 15 B. Site development standards for single family uses apply to individual residential lot boundaries. Multi- family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, shall be in accordance with the LDC in effect at the time of SDP approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during SDP approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the district in which proposed use is located. 3.5 GROUP HOUSING AND CLUSTER HOUSING: Upon approval of a SDP, the Planning Services Director may permit group housing and cluster housing projects with a common architectural theme to vary from the conventionally required minimum lot area, minimum lot width and minimum yard requirement standards. Prior to approval of a group housing or a cluster housing site development plan, the Planning Services Director shall insure that the project is appropriate for and compatible with the surrounding area, and that the intent of the PUD standards are complied with. 5182003 - 103024 Ver:05A- AJenkins cnw 03519- 001 -004- PPUD- 22919 ,617A TABLE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within 1 foot of the right -of -way line. With approval from the developer, front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment such as a bulkhead or retaining wall is incorporated into design and subject to written approval from the developer. *2 - Building height shall be measured per the LDC. *3 -Units with side entry garage may have a 10 foot front yard setback. Units with front entry garage must have a minimum 15 foot front yard setback. *4 -Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul -de -sac lots provided minimum lot area requirement is still maintained. *6 -Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 -foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 -foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from the developer, the setback from the twenty -foot (20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lakes may be 0 feet providing architectural bank treatment, such as bulkhead or retaining wall, is incorporated into design and subject to written approval from the developer. 5/82003- 103024 Ver: 05A- Nenkins CA#43 03519-001-004- PPUD- 22919 SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & ATTACHED AND DWELLINGS DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setback(Principal 20 15 *3 15 *3 15 *3 20 and Accessory) Front Yard for Side Entry 10 10 10 10 10 Garage Rear Yard Setback *7(Principal) 10 5 *8 10 10 .5 BH Rear Yard 5 5 5 5 10 Setback* 1 (Accessory) Side Yard Setback 7.5 0 *6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 35 35 35 35 50 Floor Area Minimum (SF) 1500 SF 1250 SF 1250 SF 1200 SF 1000 SF Distance Between Principal 15 10 0 or 15 .5 SBH .5 SBH Structures BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within 1 foot of the right -of -way line. With approval from the developer, front yards shall be measured as follows: A. If the parcel is served by a public right -of -way, setback is measured from the adjacent right -of -way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment such as a bulkhead or retaining wall is incorporated into design and subject to written approval from the developer. *2 - Building height shall be measured per the LDC. *3 -Units with side entry garage may have a 10 foot front yard setback. Units with front entry garage must have a minimum 15 foot front yard setback. *4 -Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul -de -sac lots provided minimum lot area requirement is still maintained. *6 -Zero foot (0') minimum side setback on either or both sides as long as a minimum 10 -foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 -foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 With written approval from the developer, the setback from the twenty -foot (20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lakes may be 0 feet providing architectural bank treatment, such as bulkhead or retaining wall, is incorporated into design and subject to written approval from the developer. 5/82003- 103024 Ver: 05A- Nenkins CA#43 03519-001-004- PPUD- 22919 Fow-11i 17 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "C." 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 112,500 square feet gross of floor area for commercial and /or office uses may be constructed on land designated on the Master Plan as "C ". 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used in whole or part, for other than- the following: A. Principal Uses: A neighborhood shopping center, which may include a supermarket as its major tenant. The shopping center may also include a drugstore and smaller retail shops which offer a variety of consumer goods, financial institutions; offices, clinics, personal service establishments, laundry and dry cleaning, and post office. 2. Professional and /or medical office complex. 3. All permitted and accessory uses of the Residential District. B. Accessory Uses: Customary accessory uses and structures. 4.4 DEVELOPMENT STANDARDS FOR COMMERCIAL USES A. Perimeter Setbacks That portion of the site which abuts a street right -of -way or commercially zoned land: 35 feet to the nearest principal structure 2. That portion of the site which abuts residentially zoned lands: 50 feet to the nearest principal structure. B. Maximum Height: 35 feet measured from FEMA, or 18" above the crown of the nearest right -of -way. C. Required Landscape Buffer Area: As required by the Collier County LDC in effect at the time of SDP application. Landscape buffers shall be permitted within the perimeter setback. D. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. E. Development Plan Approval: Prior to development of all or any portion of the commercial site, site development plan approval shall be obtained, and entry/exit 5/82003 - 103024 Ver: 05A- AJenklns 11N3 03519-001-004- PPUD- 22919 18 drives which connect the commercial area to external streets shall be approved by the County Transportation Services Department. One access drive shall connect to the Twelve Lakes PUD entrance drive. An additional access drive connecting to Davis Boulevard may be approved, but may be limited in nature (i.e. right turn in, right turn out) for traffic safety reasons. 4.5 DEVELOPMENT STANDARDS FOR RESIDENTIAL USES Development standards as set forth in Section III, Residential District of this PUD shall apply to residential uses within the Commercial District. 51512003-103024 Ver: 05A- Menkins CA 3 03519-001-004- PPUD- 22919 17 il', 19 SECTION V PRESERVATION AREA DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Twelve Lakes PUD designated on the Master Plan, as "P" Preservation Area. 5.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive /educational trails and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (elevated and at grade), and gazebos. 2. Water management structures. 3. Temporary construction access road, vegetation restoration shall follow the use of the construction access road. 4. Utility or roadway crossings. 5. Wildlife signs per Section 2.19 of this PUD document. B. Any other use, which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC. 5.4 PRESERVE DISTRICT CONSERVATION EASEMENT A non - exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The developer, its successors or assigns, or the Twelve Lakes CDD shall be responsible for the control and maintenance of lands within the Preservation Area. S 2003- 103021 Ve 05A- AJe kin. CV 03519-D01-004- PPUD- 22919 17A SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the general development commitments of the developer within the Twelve Lakes PUD. 6.2 GENERAL A. All facilities shall be constructed in accordance with final site development plans, final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the LDC relating to the same shall apply to this project, except as otherwise set forth herein. B. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. 6.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the LDC. 6.4 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on site. A Habitat Management Plan for those protect species shall be submitted to Planning Services Staff for review and approval prior to final site plan /construction plan approval. C. All conservation areas shall be designated as conservation /preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty -five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida 5 182003- 100024 V.: 05h AJe ki. cnw 03519- 001 -004- PPUD- 22919 " O�. I Wk 21 Environmental Resources Permit Rules and be subject to review and approval by Planning Services Staff. E. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the conservation /preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final plat/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above - mentioned plan. F. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Planning Services Staff. G. A gopher tortoise relocation /management plan shall be submitted for review and approval at the time of final construction plan submittal. The conditions of such approval shall be added to the construction plans. Off -site relocation may be required if the applicant cannot provide adequate habitat for on -site relocation. 6.5 TRANSPORTATION A. All traffic control devices used must be in accordance with the standards adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316, Uniform Traffic Control Law. C. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent Certificate of Occupancy. D. External and internal improvements determined by Collier County Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements will be in place prior to the issuance of the first Certificate of Occupancy. E. Road impact fees will be paid in accordance with the appropriate ordinances, as amended, unless otherwise approved by the Collier County Board of Commissioners. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change as determined by Collier County Transportation Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse effect on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, and roadway capacity problems. G. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and the LDC, as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse effect 5/8!200 }103024 Ver: 05A- AJenkin® G .3 01519- 001 -004- PPUD- 22919 z,17A on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in /right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). I. The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. J. The developer(s) will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s), will be determined based upon percentage of usage /impact. K. The developer(s) shall provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent Certificate of Occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right -of -way and/or compensating right -of -way, will be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. L. All work within the Collier County right -of -way will meet the requirements of Collier County Ordinance No. 93 -64. M. All internal access(es), drive aisles, sidewalk(s) not located within the County right - of -way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). N. Joint/shared access(es) may be required by Collier County Transportation Staff as a condition of site development plan approval. O. Frontage, midpoint and/or backside interconnections) may be required by Collier County Transportation Staff as a condition of site development plan approval. P. Prior to development of any and all portion(s) of the development(s), SDP approval must be obtained /received from the Collier County Transportation Services Division. 5!82003- 103021 Ver: 05A-Al enldne cr w 07519 - 001 -001- PP110 -22919 17A Q. The main north -south 2 -lane collector road through the project shall be designed and constructed to County standards and shall be dedicated to the public. Other local intersecting streets that provide access into project neighborhoods may be public or private roadways. Private local roads may have gate /gatehouse controlled ingress and egress. 6.6 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within the platted rights -of -way or within dedicated county utility easements, shall be conveyed to Collier County, pursuant to Collier County Ordinance 01 -57, as amended. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. D. The project's water distribution system will be connected to the County's existing 12- inch water main located on the south side of Radio Road and extended throughout the project, and connected to the County's existing 16 -inch water main located on the south side of the Davis Boulevard right -of -way. E. The project's sewage transmission system shall be connected to the County's existing 14 -inch sanitary force main located on the north side of the Davis Boulevard right -of -way. 6.7 WATER MANAGEMENT A. The site drainage and grading information shall be submitted to the County in accordance with the requirements of Division 3.2 and Division 3.3 of the LDC. B. An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC, except as otherwise provided herein. C. In accordance with SFWMD Rules, this project shall be designed for a storm event of a 3 -day duration and a 25 -year return frequency. D. At the time of construction plans review, the developer shall verify that the peak storm stages at the site do not cause adverse off -site impacts to neighboring developments. E. The Lely Area Stormwater Improvement Program identifies the ultimate outlet for the Twelve Lakes development as being at the southwestern corner of the property. The construction plans shall identify any necessary provisions required to direct flow from Basin OFF1 toward the ultimate outlet at the southwestern property corner. F. All existing or proposed easements for Collier County stormwater infrastructure shall be maintained free of landscaping or other obstacles which would impede maintenance crews and equipment from gaining adequate access to the stormwater 5182003- 103024 Ver: 05A- AJeMdne c 3 03519-001 -004- PPUD- 22919 17A infrastructure. G. Stormwater runoff from the developed portions of the site will be discharged to the preserved areas of the site. The runoff will then travel across the existing ground surface of the preserve areas (generally in a southwesterly direction) to the existing Davis Boulevard Right -of -Way. Upon reaching the Davis Boulevard Right -of -Way the flows will be conveyed in a westerly direction to the southwestern corner of the property where it will enter the stormwater facility improvements identified in the Lely Area Stormwater Improvement Program. The flows will ultimately be conveyed to the County maintained canal along the northern side of Davis Boulevard. 5/ &2003- 103021 Ver: 05A- AJenkins 03r<3 03519 - 001 -004 PPUD- 22919 17p STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -20 Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of May, 2003. J DWIGHT E. BROCK. Clerk of Courts acid Cler% Ex- officio to Board of County Commissiori4�,rs . - By: Marie Clos, Deputy Clerk 17B 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 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Ray Bellows Date: 1003, Petition No. (If none, give brief description): CU- .2W- AR-3486, Collier County Government Services Building Petitioner: (Name & Address): Coastal Engineering, Vincent A. Cautero, AICP, 3106 S. Horseshoe Drive, Naples, Fl. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Collier County Board of County Commissioners, 3301 E. Tamiami Trail, Bldg. W, Naples, Fl. 34112 Hearing before a BCC O BZA 0 Other Requested Hearing date: May 13, 2003, based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News p Other p Legally Required Proposed Text: (Include legal description & common location & Size:CU- 2002 -AR -3486, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Collier County Board of County Commissioners, Facilities Management Department, requests a Conditional Use "26" of the "A" Agricultural Zoning District pursuant to Section 2.2.2.3.26 of the Land Development Code for a governmental office building.. The property to be considered for the conditional use is located at 2387 Orange Blossom Drive, at the intersection of Orange Blossom Drive and Airport- Pulling Road (CR -31) in Section 2, Township 49, Range 25, Collier County Florida. This property consists of 9t acres. Companion petition(s), if any & proposed hearing date: 113 - 138312- 649110 WR viewed by: /// 3 �/ '�'(l/ JJ 113 Dep t Head ate DISTRIBUTION INSTRUCTIONS List Attachments: Approved by: County Manager 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: 0 County Manager agenda file: to 0 Requesting Division 0 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 Advertised: _ U N 3,"7 3 Date Received: — 0 Date of Public hearing: 3 " RESOLUTION NO. 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "26" FOR GOVERNMENTAL FACILITIES AS AN ESSENTIAL SERVICE IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.26 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 26 of Section 2.2.2.3 of the Collier County Land Development Code in an "A" Rural Agricultural Zone for essential service governmental facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Incorporated, representing the Collier County Board of County Commissioners, with respect to the property hereinafter described as: Exhibit 'B" be and the same is hereby approved for Conditional Use 26 of Section 2.2.2.3 of the Collier County Land Development Code in the "A" Rural Agricultural Zoning District for essential service governmental facilities in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: 1 Exhibit "D" which is attached hereto and incorporated by reference herein. IM � 176 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this day of ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Maijo i M. Studen Assistant County Attorney C U- 2002 -A R- 3486 /RB /sp 2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA tj TOM HENNING, CHAIRMAN FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-3486 The following facts are found: 1. Section 2.2.2.3.26 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2002 -AR -3486 The following facts are found: d I will 1. Section 2.2.2.3.26 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: Section: 02 LEGAL DESCRIPTION Township: 49 Lot: Block: Subdivision: 100 Range: 25 Plat Book 965 Page #: 849 Property I.D. #: 492505 012.0004A02 Metes & Bounds Description: From the Southeast corner of the North 1/2 of the North 1/2 of the SE 1/4 of Section 2, Township 49 South, Range 25 East, run North 60 feet for the Point of Beginning; thence West 1,320 feet, then North 330 feet, thence East 1,320 feet, thence South 330 feet to the Point of Beginning, less the East 100 feet thereof conveyed to the State of Florida for road purposes, COLLIER COUNTY, FLORIDA. Size of property: 230 ft. X 305.88 ft. = Total Sq. Ft. Acres Approximately 1.62 for impacted area. Total site described above is approximately 9 Acres. Address /general location of subject property: 2387 Orange Blossom Drive, Orange Blossom Drive and Airport- Pulling Road (CR -31) EXHIBIT "B" I i r CONDITIONS OF APPROVAL CU -02 -AR -3486 a) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code. b) Pursuant to Section 2.2.25.8.1 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. EXHIBIT "D" lll� March 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU- 2002 -AR -3486 (Collier County Government Services Building) Dear Georgia: Please advertise the above referenced notice on Sunday, April 27, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 113- 138312- 649110 17B ;.' NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, May 13, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 2002 -AR -3486, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Collier County Board of County Commissioners, Facilities Management Department requests a Conditional Use "26" of the "A" Rural Agricultural zoning District pursuant to Section 2.2.2.3.26 of the Collier County Land Development Code for a governmental office building. The property to be considered for the conditional use is located at 2387 Orange Blossom Drive, at the intersection of Orange Blossom Drive and Airport - Pulling Road (CR -31) in Section 2, Township 49, Range 25, Collier County, Florida. This property consists of 9+ acres. 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 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk March 24, 2003 Vincent A. Cautero, AICP Coastal Engineering, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition CU- 2002 -AR -3486 Dear Petitioner: Please be advised that the Board of County Commissioners will consider the above referenced petition on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:CU2002- AR3486 thanks georgia! cu- 2002 -ar -3486 CU- 2002 -AR -3486. CU- 2002 -AR -3486. doc doc 0 111!, wl Teri Michaels From: postmaster @clerk.collier.fl.us Sent: Monday, March 24, 2003 12:51 PM To: Teri Michaels Subject: Delivery Status Notification (Relay) ATT379625.bct ATTN:GEORGIA RE: cu2002- AR3486 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 Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Monday, March 24, 2003 12:50 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA RE:CU2002- AR3486 ATrN:GEORGIA RE: CU2002- AR3486 «ATTN:GEORGIA RE:CU2002- AR3486» Your message To: legals @naplesnews.com Subject: ATTN:GEORGIA RE :CU2002- AR3486 Sent: Mon, 24 Mar 2003 12:50:25 -0500 was delivered to the following recipient(s): legals on Mon, 24 Mar 2003 12:49:54 -0500 1 r ATTN:GEORGIA RE:CU2002- AR3486 Teri Michaels From: legals [legal s @naplesnews.com] Sent: Monday, March 24, 2003 2:59 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:CU2002- rcvd to run 4/27 georgia - - -- Original Message---- - From: Teri Michaels [mailto: Teri .Michaels @clerk.collier.fl.us] Sent: Monday, March 24, 2003 12:50 PM To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:CU2002- AR3486 thanks georgia! cu- 2002 -ar -3486 <<C U - 2002 -AR -3486. doc>> 3/24/2003 «CU- 2002- AR- 3486.doc>> Page 1 of 1 178 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: 50148054 NOTICE F PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves es Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples„ in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier. County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 04/27 AD SPACE: 118.000 INCH FILED ON: 04 /28/03 --- ~---- --- ------------ Signature of Affiant ,1 2 Sworn to and Subscribed re me ~ % day of Personally known by me Donna Chesney My Commission DD056336 %�Rd�' Expires September 11, 2005 NOTICE OF PUBLIC HEARING at e orida. This proper - isIds of 9+ acres. E: All Persons on any roem. T no seroc- tion of -an indtvlfival to speak on behalfT of an organization or Droup is encol+raged. If recoo- nfzea by the Chair, a spokesperson fof a group or organization may be gliotted 10 min• utes to speak on an item. erlol a 6atnimum of Nooks pr to the re- spective public hearing. In any', case, written ma- torlals Intended to be considered by the Board siwll be submitted to the appropriate County staff a minimum of seven days plor to the public hearing, All material used to presentations before the Board will be- come a permanent part of the record. Any person who decides to appeat a decision of the Board will need a record of the proceed - Ings gertoining thereto and therefore, may need to ensure that a verba- tim record of tehe pro - re orddnNudes th'e tehistl many ond evidence upon which the appeal P�pOIAR OF OUNTY 6 DLLI LINTY, FLORIDA TOM HENNING, CHAIR- MAN DWi KHT E. BROCK, By: /s/Teri Michaels, SEAL 131509 17g RESOLUTION NO. 03- 175 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "26" FOR GOVERNMENTAL FACILITIES AS AN ESSENTIAL SERVICE IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.26 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 26 of Section 2.2.2.3 of the Collier County Land Development Code in an "A" Rural Agricultural Zone for essential service governmental facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Incorporated, representing the Collier County Board of County Commissioners, with respect to the property hereinafter described as: Exhibit "B" be and the same is hereby approved for Conditional Use 26 of Section 2.2.2.3 of the Collier County Land Development Code in the "A" Rural Agricultural Zoning District for essential service governmental facilities in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. :•. •I 17B �I� BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this 1.3 day of '2003. ATTEST: DWIGHT E. BROCK, CLERK Appro�Td a's -.to Fore tmd—w Legal Sufficiency: Maio& M. Student Assistant County Attorney CU- 2002 -AR- 3486 /RB /sp BOARD OF ZONING APPEALS COLLIER CO TY, FL RIDA BY: TOM HENNING, CHAIRMA 2 e FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2002 -AR -3486 The following facts are found: 1. Section 2.2.2.3.26 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes \/' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress A &egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ti No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval DATE: c CHAIRMAN: - EXHIBIT "A" Section: 02 r LEGAL DESCRIPTION Township: 49 Lot: Block: Subdivision: 100 Range: 25 Plat Book 965 Page #: 849 Property I.D. #: 492505 012.0004A02 Metes & Bounds Description: From the Southeast corner of the North 1/2 of the North 1/2 of the SE 1/4 of Section 2, Township 49 South, Range 25 East, run North 60 feet for the Point of Beginning; thence West 1,320 feet, then North 330 feet, thence East 1,320 feet, thence South 330 feet to the Point of Beginning, less the East 100 feet thereof conveyed to the State of Florida for road purposes, COLLIER COUNTY, FLORIDA. Size of property: 230 ft. X 305.88 ft. = Total Sq. Ft. Acres Approximately 1.62 for impacted area. Total site described above is approximately 9 Acres. Address /general location of subject property: 2387 Orange Blossom Drive, Orange Blossom Drive and Airport- Pulling Road (CR -31) EXHIBIT `B" III i i it a i i i i i C i i S NEW AM Exhibit "C" to I 4 rs k6 6 gut .d 0 J _III fill CONDITIONS OF APPROVAL CU -02 -AR -3486 a) The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review, of the Collier County Land Development Code. b) Pursuant to Section 2.2.25.8.1 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. EXHIBIT "D" FV i 17-C COLLIER COMTY FLORIi3A R ST F0R. LEGAL AI3VERT M LN.G OF PURL C HE &RINGS -ros: Clerk to the Board: Plea plat the folios -ink as s XXX Naafi Leal Advertisement 0 other. (Dt_paay dY., location, etc.) N1,t i ** �************ �*** �* ��** �� * *�� * *o *�+ * * *� * *+� * *raeaf+r *�+* �+��* b *+qtr « * *u• * * *a. * * * * * *ar,���� $ginating Dept! Div: C onm.Feva Serv,/Planning Person: Hate: P °tibo,.er: !*Ya £„ &. Addr s t- Roo- T .'�'aiane, Hole l4 antes Inc,, 950 Encore Way,, Naples, 7L 34114D Name R Qd rPC:s of any rsontcl" to be notified by Cler - b Office: AGrtdC'."Bo l Development C'tfrrtparty, 8441 Cooper Creek Blvd_, University Park, FL 34201 Hearing before 13 DCC 0 BZA 0 Other f equeste+ Hearing date: May 13, 2003, based on advertisement appearing l5 days before hearing. Newspaperts) o be used. (Complete only if important): -X Naples Daily News a - alter 13 Legally Required Froposed Text: RZ- 20G22 -AR -3260. _Robert L. Duane, of Hole Mantes, Inc., representing Benderson Developrnent Co_ requesting a rezone from "A" Rurai Agricuttairat to "C -3" for parking and infirastructure only, for property located east of Donovan Center r s D on the south side of %4rni-Aalee Road in Section '40, Township 48 ,South. Range 26 Wiz, Collier Cou tv. c 0 -11da, consisting of 0.43- acres. Companion petition(s), if any & proposed Brea -ring date: Does Fetitiov Fee include advertising cost U yes 13 No It Yes, what uccouric shruld be charged for advertising costs. 113 - 1,8322 -:boa f A Depa Head Tint County Manager Date List Attachments: HISTROUTION IN TRUMO1 ► A. Fay hassiugs - before BC.0 or - Wfiating person to complete ow co" mid obtaiat DivWww He j1prprovai before submitting to County Manager. piste: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to Cauno Alta rmy before sobadtfinn to ,Ngmwer The Mairagees office wiR distribute copies: County Boger agenda File: to 13Requ sting Division 0 f3rlglan3 Clerk's Office H_ tither hearings initiating Division head to approve and submit original to Clerk`s € ffmfi c, roaming a copy for file_ FOR CLERK'S 0ffIC: ` VSE 0IN Da-- Ret;i ;,bd. Date ; -z PuL.a� :aea;t.,g: Date Advcr t3=03 513.03 X 9 .41 f, 4 ;+,...; (:W,I ";"R ED 'I j Collier County r Planning Services 2800 North Hors-esinoc Deive Napks, X341€!4 Phone: (239) 403-2400 Fax. (239I 643-6968 OR (AB 213-2916 107!3 R= 0 "em. 0 For Weview 0 Plunge COM11-mle - 13 pleame-ftepty - LI Ptease Racyew -conimentsi From TM 4LIS- -O�J R= 0 "em. 0 For Weview 0 Plunge COM11-mle - 13 pleame-ftepty - LI Ptease Racyew -conimentsi 17C ORDINANCE NO. 03 — AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED EAST OF DONOVAN CENTER PUD IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE -75 AND IMMOKALEE ROAD (CR -846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "C -3 "; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane AICP, of Hole Montes, Inc., representing Benderson Development Co., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A ", attached hereto and incorporated by reference herein, and located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" to "C -3" and the Official Zoning Atlas Map numbered 8630N as described in Ordinance 91 -102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. Permitted uses on the subject property are limited to parking, preserve, landscaping, buffers, signage and infrastructure to support a commercial development. 2. Access to Immokalee Road shall be from the adjacent Donovan Center PUD only. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 17 C "' tw�"' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2003. ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MarjorW M. Student Assistant County Attorney RZ- 2002- AR- 3160/FR/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA —2— TOM HENNING, CHAIRMAN RZ- 2002 -AR -3160 17C Legal Description PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.8874'18 "E., ALONG THE NORTH LINE OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 1,980.23 FEET; THENCE RUN S.00'31'31 "E., FOR A DISTANCE OF 113.85 FEET; THENCE RUN S.85'38'38 "E., FOR A DISTANCE OF 545.52 FEET; THENCE RUN S.88'25'29 "E., FOR A DISTANCE OF 346.14 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.8825'29 "E.. FOR A DISTANCE OF 81.06 FEET; THENCE RUN S.48'59'42 "E., FOR A DISTANCE OF 25.38 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE- QUARTER OF THE NORTHWEST ONE - QUARTER OF THE NORTHWEST ONE- QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 30; THENCE RUN S.00'31'40 "E., ALONG SAID EAST LINE, FOR A DISTANCE OF 177.54 FEET, THENCE RUN N.88'25'16 "W., FOR A DISTANCE OF 100.07 FEET; THENCE RUN N.00'31'40 "W., FOR A DISTANCE OF 193.66 FEET, TO THE POINT OF BEGINNING; CONTAINING 0.441 ACRE, MORE OR LESS. EXHIBIT "A" j April 15, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ- 2002 -AR -3160 Dear Georgia: Please advertise the 2003, and kindly send together with charges Thank you. sincerely, Teri Michaels, Deputy Clerk above referenced notice on Sunday, April 27, the Affidavit of Publication, in duplicate, involved, to this office. P.O. /Account # 113 - 138312 - 649110 17C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, MAY 13, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED EAST OF DONOVAN CENTER PUD IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE -75 AND IMMOKALEE ROAD (CR -846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "C -3 ", PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONSy AND BY PROVIDING AN EFFECTIVE DATE. Petition No. RZ- 2002 -AR -3160, Robert L. Duane, of Hole Montes, Inc., representing Benderson Development Co., requesting a rezone from "A" Rural Agricultural to 11,C -3" for parking and infrastructure only, for property located east of Donovan Center PUD on the south side of Immokalee, consisting of 0.43+ acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 17C Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) E C11? U y Dwight E. Brock Clerk April 15, 2003 Robert L. Duane Hole Montes Inc. 950 Encore Way Naples, FL 34110 County of Collier CLERK OF THE CIRCUIT COURT COLDER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101 -3044 Re: Notice of Public Hearing to consider Petition RZ -2002 -AR -3160 Dear Petitioner: 17C CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT ME.. BROCK, CLERK qpj)i Teri Michaels, Deputy Clerk Enclosure o4.�NE ClRCU'T W� �C J � Qxjwri� Dwight E. Brock Clerk April 15, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101.3044 Benderson Development Company 8441 Cooper Creek Blvd. University Park, FL. 34201 Re: Notice of Public Hearing to consider Petition RZ- 2002 -AR -3160 Dear Petitioner: 17C CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 13, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 27, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:RZ- 2002 -AR -3160 thanks georgic! RZ- 2002 -AR -3160. RZ- 2002 -AR -3160. doc doc 17C 17C Teri Michaels From: postmaster @clerk. col Iier.fl.us Sent: Tuesday, April 15, 2003 4:30 PM To: Teri Michaels Subject: Delivery Status Notification (Relay) 9 o ATr304679.bd ATTN:GEORGIA RE: Rz- 2002 -AR- 316..• 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 Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, April 15, 2003 4:28 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA RE:RZ- 2002 -AR -3160 ATTN:GEORGIA RE: RZ- 2002 -AR- 316... <<ATTN :GEORGIA RE:RZ- 2002 -AR- 3160» Your message To: Iegals@naplesnews.com Subject: ATTN :GEORGIA REAZ- 2002 -AR -3160 Sent: Tue, 15 Apr 2003 16:29:42 -0400 was delivered to the following recipient(s): legals on Tue, 15 Apr 2003 16:28:08 -0400 1 17C ATTN:GEORGIA RE:RZ- 2002 -AR -3160 Teri Michaels From: legals [legals @naplesnews.com] Sent: Tuesday, April 15, 2003 5:22 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:RZ- 2002 -AR -3160 rcvd to run 4/27 georgia - - - -- Original Message---- - From: Teri Michaels [mailto: Teri .Michaels @clerk.collier.fl.us] Sent: Tuesday, April 15, 2003 4:30 PM To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:RZ- 2002 -AR -3160 thanks georgia! <<RZ- 2002- AR- 3160.doc>> <<RZ- 2002- AR- 3160.doc>> 4/16/2003 Page 1 of 1 17C NOTICE OF J Naples Daily News INTE Rp NNaples, FL 34102 7 C Affidavit of Publication Naples Daily News - — ---- — --- ------------ -------------- --- +----- -- ---- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES Fl 34101 -3016 REFERENCE: 001230 113138312649 58648278 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 04/27 AD SPACE: 150.000 INCH FILED ON: 04/28/03 Signature of Affiant Sworn to and Subscribed rye me :' - �y of 20 r — Personally known by me i ,pw •t,, Donna Chesney 0 _ My Commission DD056336 OF V�d� Expires September 11, 2005 a minimum o s prior to um earing. Ail ma• led In presents• afore the Boarc �oftherecord a. nyhih ewc the appa the soutn slue or anmv kalee, consisting of BOARD NESOUNT oA3+ acres. COMMLSS ►O R COLLIER COUNTI Copies of the proposed FLORIDA Ordinance are on file with the Clerk to the TOM HENNING, CHAII Bo d and are goal lable' MAN mann l�ted DWIGHT E. BROCI to joend and be heard. CLERK NOTE- All persons wish gym, /s//TTekl Michael Ing to speak, 66 anV tt tenh the CoW� Y �; (SEAL) No. 16f :ad a n an 17C ORDINANCE NO. 03 — 21 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED EAST OF DONOVAN CENTER PUD IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF INTERSTATE -75 AND IMMOKALEE ROAD (CR -846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "C -3 "; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane AICP, of Hole Montes, Inc., representing Benderson Development Co., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A ", attached hereto and incorporated by reference herein, and located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" to "C -3" and the Official Zoning Atlas Map numbered 8630N as described in Ordinance 91 -102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: 1. Permitted uses on the subject property are limited to parking, preserve, landscaping, buffers, signage and infrastructure to support a commercial development. 2. Access to Immokalee Road shall be from the adjacent Donovan Center PUD only. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 17C PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 43 day of , 2003. BOARD OF C UNTY COMMISSIONERS COLLIER C TY, RIDA BY: TOM HENNING, CHAIRMA A- YTtST: .DWIGHT E,.BR4pCK, CLERK <� J Attest as to CMir M's AP$ROVED, TO FORM sigriatW"e flR1�P. AND C "#GAL SUFFICIENCY Marjo ' M. Student Assistant County Attorney RZ -2 002 -AR- 3160 /FRJI o 17r5 RZ- 2002 -AR -3160 Legal Description PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTH 1/2 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88'24'18 "E., ALONG THE NORTH LINE OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 1,980.23 FEET; THENCE RUN S.00'31'31 "E., FOR A DISTANCE OF 113.85 FEET; THENCE RUN S.85'38'38 "E., FOR A DISTANCE OF 545.52 FEET; THENCE RUN S.88-25'29 "E., FOR A DISTANCE OF 346.14 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.8825'29 "E., FOR A DISTANCE OF 81.06 FEET; THENCE RUN S.48'59'42 "E., FOR A DISTANCE OF 25.38 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE- QUARTER OF THE NORTHWEST ONE- QUARTER OF THE NORTHWEST ONE - QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 30; THENCE RUN S.00'31'40 "E., ALONG SAID EAST LINE, FOR A DISTANCE OF 177.54 FEET; THENCE RUN N.88'25'16 "W., FOR A DISTANCE OF 100.07 FEET, THENCE RUN N.00'31'40 "W., FOR A DISTANCE OF 193.66 FEET, TO THE POINT OF RF INNING_- CONTAINING 0.441 ACRE, MORE OR LESS. ' EXHIBIT "A" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003 -21 17r Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2003. DWIGHT E. BROCK Clerk of Courts; rid C11 F4 Ex- officio to •B'bard;,of County Commisi -i *ersi By: Marie Clos , , OJT 03 • �w Deputy Clerk 17C � YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P. A. ATTORNEYS AT LAW R. BRUCE ANDERSON CLAY C. BROOKER TASHA 0. BUFORD DANIEL H. Cox TIMOTHY S. FRANKLIN DAVID P. HOPSTETTER* C. LAURENCE KEESEY KENZA VAN ASSENDERP GEORGE L. VARNADOE ROY C. YOUNG BOARD CERTIFIED REAL ESTATE LAWYER OF COUNSEL DAVID B. ERWIN A.J. JIM SPALLA Board of County Commissioners of Collier County, Florida County Administration Building 3301 E. Tamiami Trail Naples, Florida 33112 REPLY TO: NAPLES May 13, 2003 Via Hand Delivery GALLIE'S HALL 225 SOUTH ADAMS STREET SUITE 200 POST OFFICE BOX 1833 (ZIP 32302 -1833) TALLAHASSEE, FLORIDA 32301 TELEPHONE (850) 222 -7206 TELECOPIER (850) 561-6a34 SUNTRUST BUILDING $OI LAUREL OAK DRIVE SUITE 300 POST OFFICE Box 7907 (ZIP 34101-7907) NAPLES, FLORIDA 34108 TELEPHONE (239) 597 -2814 TELECOPIER (239) 597 -1060 Re: Petition No. RZ- 2002-AR-3160 May 13, 2003, Board of County Commissioners, Agenda Item 17(C) Dear Commissioners: Our firm represents Benderson Development Company, the petitioner on the above- referenced rezone application. This letter is to confirm Benderson's understanding and agreement that approval of the above- referenced rezone does not constitute an approval of any abandonment or vacation of any public right of way shown on the conceptual site development plan attached to the application. Sincerely, R. Bruce Anderson cc: James V. Mudd, County Manager David C. Weigel, County Attorney Norman Feder, County Transportation Administrator Wayne Ruben, Benderson Development Alicia Gayton, Benderson Development F:\ users Wimee\Wp9�13- dersonkionov -\Lt' BCC 051303.wpd -i fi7ll HIBIT -- _ �1- 5113)03 Ti COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: EMS Petition No. (If none, give brief description): n/a Petitioner: (Name & Address): Na Person: Noemi Fraguela Date: 04/14/03 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) n/a Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. May 13, 2003 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 50 -104 BY REVISING SECTION 50 -104 (3),(4) and (6); PROVIDING FOR THE AUTHORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON THE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIBRILLATOR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AN ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: n/a Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs: 490 - 144610- 649010 ewed by: 7 * 4 : 1(/Z D' ision Administrator or Designee Date List Attachments: Ordinance No. 2003 DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ 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 QN Y: Date Received: LA 14 03 Date of Public hearing: 51663 Date Advertised: 512-10 17D ORDINANCE NO. 2003- AN ORDINANCE AMENDING ORDINANCE 98 -36 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 50 -104 BY REVISING SECTION 50 -104 (3),(4) and (6); PROVIDING FOR THE AUTHORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON THE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIBRILLATOR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AN ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted Ordinance No. 98 -36, Establishing the Community Automatic External Defibrillator, (hereinafter referred to as "AED ") Program; and WHEREAS, Ordinance No. 98 -36 has been codified in section 50- 104(6) of the Collier County Code of Laws and Ordinances; and WHEREAS, the Board of County Commissioners recognizes that in some instances individuals who have not gone through the training required under Section Six of Section 50 -104 of the Collier County Code of Laws and Ordinances for AED's may be the individual in the best position to quickly and efficiently administer defibrillation therapy; and AEDs. WHEREAS, the 911 Emergency Operators are trained in the instruction and use of NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE GOVERNING BODY, THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 50 -104 of the Collier County Code of Laws and Ordinances, entitled "Requirements and Procedures" is hereby amended by adding a new subparagraph to authorize the 911 operators to instruct individuals who have not participated in the AED training program to use an AED, as follows: SECTION 50 -104: Requirements and Procedures The following shall be the requirements and procedures for use, training, data collection and data recovery of the AED program; 1) No AED shall be used in the incorporated area of Collier County without first complying with the requirements and procedures set forth in this section, except as hereinafter provided in subsection j. It shall be the responsibility of the owner of the AED to ensure that only trained individuals operate, or have access to, the AED. 2) The purchase of AED's will be done only after a written request is made to Words underlined added and words stfuek thr -eug# are deleted. the Collier County Emergency Medical Services Department by the individual, organization or company requesting the purchase of an AED. The written request must contain in the name, location, number of units, number of people to service and type and manufacturer of the AED. 3) Upon receipt of the written request to purchase, the EMS Department will coordinate a training class for the requesting party, and all intended users of the AED, on the proper operation of AEDs. Training will consist of one three a required class which will include: I. History of Sudden Death II. Signs and Symptoms of Cardiac Arrest III. Ame&an Heat4 Asseeiation one peFsen Adult Cardio - Pulmonary Resuscitation IV. Proper Use, Maintenance and Periodic Inspection of the AED 4) Upon rop of of successful completion of the above required training, *hiei County EMS DepaFtment will issue a Get4ifieate of Completion. T-the Collier County EMS Medical Director will then issue a prescription for the purchase of an AED which has been approved, and authorized for purchase, by the Food and Drug Administration. 5) Users of the AED will follow the policies and procedures developed and authorized by the Collier County Emergency Medical Services Department Medical Director. These policies and procedures will be provided to the individual, organization or company requesting the purchase of an AED upon the successful completion of the training required by this section. 6) Re- certification of users and inspection of the AED will be done on ae and bi- annual basis by the Collier County Emergency Medical Services Department. Re- eerti€iea of users will eensist ef one, one and half hour- Wass whieh will review the teehniques feF using 7) The Collier County Emergency Medical Services Department will conduct quality assurance testing after use of the AED. The quality assurance testing will be on the proper use, placement and maintenance of the AED. An additional use of such testing will be to gather statistical information on the benefits AED availability provides to the community. 8) Any person who uses an AED is required to contact the EMS Department as soon as reasonably possible upon use of the AED. 9) Upon notification of the use of an AED, the EMS Department will be Words underlined added and words stmsk dir-eugh are deleted. 2 17D " responsible for the collection and recovery of data generated by the AED. The owner of the AED will not unreasonably withhold consent to the retrieval of such data or to any quality assurance testing. The manner in which data is recovered will be dictated by the capability of the particular AED unit, since the method of data collection differs depending upon the type of AED. All data, once recovered by the EMS Department, will be stored at a centralized database to be located and operated by the Collier County EMS Department. 10) In the event an individual not trained in the use of an AED is the only person available to operate the AED, and Emergency Medical Services has been activated, an AED- Emergency Medical Dispatch certified 911 Operator shall be authorized to instruct that individual on the proper operation and use of the AED. All other provisions of this section which are not inconsistent with sub - section (10) remain in full force and effect. SECTION TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier, Florida this day of , 2003. Words underlined added and words stfuek threugh are deleted. 3 ATTEST: DWIGHT E. BROCK, Clerk LI-A Deputy Clerk Approved as to form and le ufficiency: (tqueline Hubbard Robinson sistant County Attorney H: Jackie/ Ordinance/Amendment to 99-43 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TOM HENNING, Chairman Words underlined added and words stp}sk thfough are deleted. 4 17D " April 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 98 -36 Dear Georgia: Please advertise the above referenced notice on Friday, May 2, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 490 - 144610 - 649010 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 13, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 98 -36 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 50 -104 BY REVISING SECTION 50 -104 (3),(4), AND (6)1 PROVIDING FOR THE AUTHORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON THE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIBRILLATORI PROVIDING FOR CONFLICT AND SEVERABILITYy PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCESi PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) 170 Patricia L. Morgan To: Georgia (E -mail) Subject: Advertising - Ord. Amend Ord. #98 -36 Yfi Georgia, Please advertise the attached on Friday, Way 2, 2003. 11hankyou, ThA Winutes e� &cords ORD.AM EN D.ORD. ORD.AM EN D.ORD. 98- 36.doc 98- 36.doc 170 Patricia L. Morgan From: postmaster @clerk.collier.fl.us Sent: Friday, April 25, 2003 9:30 AM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) Q o AT r492721.txt Advertising - Ord. Amend Ord.... 7lirs is an automatically generated Defivery Status Notation. 'Your message has been successfully relayed to the following recipients, 6ut the requested delivery status notifications may not 6e generated 6y the destination. legals @naplesnews. com Patricia L. Morgan From: System Administrator [postmaster @naplesnews.com] Sent: Friday, April 25, 2003 9:28 AM To: Patricia L. Morgan Subject: Delivered: Advertising - Ord. Amend Ord. #98 -36 LI Advertising - Ord. Amend Ord.... «Advertising - Ord. Amend Ord. #98 -36>> Your message 7o: Georgia (E -mail) Subject: Advertising - Ord. Amend Ord. #98 -36 Sent: Tri, 25Apr 2003 09:30:06 -0400 was delivered to the following recipient(s): legals on Fri, 25Apr2003 09:28.14 -0400 Advertising - Ord. Amend Ord. #98 -36 Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Friday, April 25, 2003 2:51 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord. Amend Ord. #98- rcvd to run 5/2 georgia - - - -- Original Message---- - From: Patricia L. Morgan [ma i Ito: Patricia. Morgan @clerk.collier.fl.us] Sent: Friday, April 25, 2003 9:30 AM To: Georgia (E -mail) Subject: Advertising - Ord. Amend Ord. #98 -36 Yfi Georgia, Please advertise the attached on 'Friday, flay 2, 2003. ghankyou, Trish Minutes e� Records <<ORD.AMEND. ORD. 98-36. doc>> <<ORD.AMEND. ORD. 98-36. doc>> 4/25/2003 Page 1 of 1 170 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 490144610649 58652466 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 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: 05/02 AD SPACE: 123.000 INCH FILED ON: 05/02/03 Signature of Affiant ✓ Sworn to and Subscribed t�cfare me tiiik _ day of r 200 t ! , Personally known by me ` Z i a+N"'&#y Donna Chesney . My Commission DD056336 OF nq"� Expires September 11, 2005 NOTICE OF r INTENT TO CONSIDER ORDINANCE 70 P Notice Is hereby given M that on Tuesday, May " 13, 3003, In the Boar „ room, 3rd Flpor, Admin- istration Building, Col -I w Her County Government Center, 3301 East Tamla- ml Tra91, Naples, Florida, * the Board of County Commissioners will con- es sider the enactment of a " County Ordinance. The meeting will commence " at 9:00 A.M. The tMe of the proposed Ordinance Is as follows: AN ORDINANCE AMEND- " ING ORDINANCE 9836 „ OF THE COLLIER COUNTY DINANCESUSECTION 90- e " 104 BY REVISING SEC- TION NG THE ()�P50-104 O FOR " AUTHORITY FOR 911 EMERGENCY OPERA- TORS TO INSTRUCT INDI- VIDUALS ON THE USEI AND 0pERATION OF AU- "' TOMATIC EXTERNAL DE- FIBRILLATOR; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVID- ING FOR INCLUSION IN THE COLLIER COUNTY k CODE OF LAWS AND OR- DINANCES; PROVIDING m FOR AN EFFECTIVE DATE. a Copies of the proposed r. Ordinance are on file with the Clerk to the Board and are available for w p�artiesnarelInvied to attend and be heard. " NOTE: All persons wlsh- W Ing to speak on any agenda Item must regls- ter with the County ad- to - s minlstrator prior pre ttonbe addressed k item . Individual speakers will be limited to 5 minutes any Item. iannIndiv dselec- k tion speak on behalf of an organization or group Is * encouraged. If recog- nized by the Chairman, a spokesperson for a group ednainbi alottiomn un�s { e to speak on an item. w Persons wishing to have written or graphic materials Included In r, w the Board agenda pack- » ets.. must submit said material a minimum of 3 r. weeks prior to the re- spective public hearing. GIn any case, written ma- terials Intended to be considered by the Board shall be submitted to tha -appropriate County staffa oofsev r. an dayYs prior to the IIn®. to ial used resents- Cons before the Board' ra will become a perma -' nent part of the record. w Any who decid- .person es to appeal a decision of the Board will need a fo record of the proceed- Ings pperta�iMng thereto and therefore, may need to ensure that a verba- tim record of ,the pro- ceedings Is made which record Includes the tes- timony and evidence which the appeal Iuspoonn BOARD OF COUNTY r COMMISSIONERS. COLLIER COUNTY, " FLORIDA TOM HENNING. CHAIR- MAN " DWIGHT E. BROCK, CLERK Clerak L. Mor- &: pan, Deputy u r :... (SEAL) Mav 2 No. 1531581 I ORDINANCE NO. 2003- 2 2 AN ORDINANCE AMENDING THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES SECTION 50 -104 BY REVISING SECTION 50 -104 (3),(4) and (6); PROVIDING FOR THE AUTHORITY FOR 911 EMERGENCY OPERATORS TO INSTRUCT INDIVIDUALS ON THE USE AND OPERATION OF AUTOMATIC EXTERNAL DEFIBRILLATOR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AN ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE 17D WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted Ordinance No. 98 -36, Establishing the Community Automatic External Defibrillator, (hereinafter referred to as "AED ") Program; and WHEREAS, Ordinance No. 98 -36 has been codified in section 50- 104(6) of the Collier County Code of Laws and Ordinances; and WHEREAS, the Board of County Commissioners recognizes that in some instances individuals who have not gone through the training required under Section Six of Section 50 -104 of the Collier County Code of Laws and Ordinances for AED's may be the individual in the best position to quickly and efficiently administer defibrillation therapy; and AEDs. WHEREAS, the 911 Emergency Operators are trained in the instruction and use of NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE GOVERNING BODY, THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 50 -104 of the Collier County Code of Laws and Ordinances, entitled "Requirements and Procedures" is hereby amended by adding a new subparagraph to authorize the 911 operators to instruct individuals who have not participated in the AED training program to use an AED, as follows: SECTION 50 -104: Requirements and Procedures The following shall be the requirements and procedures for use, training, data collection and data recovery of the AED program; 1) No AED shall be used in the incorporated area of Collier County without first complying with the requirements and procedures set forth in this section, except as hereinafter provided in subsection j. It shall be the responsibility of the owner of the AED to ensure that only trained individuals operate, or have access to, the AED. 2) The purchase of AED's will be done only after a written request is made to Words underlined added and words stmek through are deleted. 17D the Collier County Emergency Medical Services Department by the individual, organization or company requesting the purchase of an AED. The written request must contain in the name, location, number of units, number of people to service and type and manufacturer of the AED. 3) Upon receipt of the written request to purchase, the EMS Department will coordinate a training class for the requesting party, and all intended users of the AED, on the proper operation of AEDs. Training will consist of ene three he a required class which will include: I. History of Sudden Death II. Signs and Symptoms of Cardiac Arrest III. Adult Cardio - Pulmonary Resuscitation IV. Proper Use, Maintenance and Periodic Inspection of the AED 4) Upon rop of of successful completion of the above required training, the Collier County EMS DepaAfneatwill issue a CeFfifieate of Completion. Tthe Collier County EMS Medical Director will then issue a prescription for the purchase of an AED which has been approved, and authorized for purchase, by the Food and Drug Administration. 5) Users of the AED will follow the policies and procedures developed and authorized by the Collier County Emergency Medical Services Department Medical Director. These policies and procedures will be provided to the individual, organization or company requesting the purchase of an AED upon the successful completion of the training required by this section. 6) Re- certification of users and inspection of the AED will be done on aft a-anual bi- annual basis by the Collier County Emergency Medical Services Department. Re eet4if.eati !*ss�!�!�r: ser.�sye�eraer 7) The Collier County Emergency Medical Services Department will conduct quality assurance testing after use of the AED. The quality assurance testing will be on the proper use, placement and maintenance of the AED. An additional use of such testing will be to gather statistical information on the benefits AED availability provides to the community. 8) Any person who uses an AED is required to contact the EMS Department as soon as reasonably possible upon use of the AED. 9) Upon notification of the use of an AED, the EMS Department will be Words underlined added and words stfuek thfough are deleted. 2 responsible for the collection and recovery of data generated by the AED. The owner of the AED will not unreasonably withhold consent to the retrieval of such data or to any quality assurance testing. The manner in which data is recovered will be dictated by the capability of the particular AED unit, since the method of data collection differs depending upon the type of AED. All data, once recovered by the EMS Department, will be stored at a centralized database to be located and operated by the Collier County EMS Department. 10) In the event an individual not trained in the use of an AED is the only person available to operate the AED, and Emergency Medical Services has been activated, an AED- Emergency Medical Dispatch certified 911 Operator shall be authorized to instruct that individual on the proper operation and use of the AED. All other provisions of this section which are not inconsistent with sub - section (10) remain in full force and effect. SECTION TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier, Florida this 13 day of , 2003. Words underlined added and words stmek through are deleted. 3 ATTEST: DWIGHT E. BROCK, Clerk By.` «� C Deputy Cle>vk w` }k Attest at-to Chairman's ti. - t artars gn l y Approved--as to form and le ufficiency: Isquetine Hubbard Robinson istant County Attorney H: Jackie/ Ordinance/Amendment to 99 -43 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. TOM HENNING, Chairma 5-/&_48 17D Words underlined added and words stfuek hough are deleted. 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003 -22 Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2003. DWIGHT E. BROCTS Clerk of Court, grid Clerk Ex- officio to.8oard of County Commissioners By: Marie Clos, Deputy Clerk