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Backup Documents 04/11/2006 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING BACKUP APRIL 11, 2006 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS II' <'< '". <, ;.. "- ' ~--. .........---- AGENDA April 11, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 April 11, 2006 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 B. November 1,2005 - Closed Session County Attorney Item 12A Approved as presented - 5/0 C. March 7,2006 - BCC/City of Naples Workshop Approved as presented - 5/0 D. March 8, 2006 - BCC/District I Town Hall Meeting Approved as presented - 5/0 E. March 14, 2006 - BCC/Regular Meeting Approved as presented - 5/0 F. March 20,2006 - BCC/Flood Plain Management Workshop Approved as presented - 5/0 G. March 29,2006 - BCC/EDC and Airport Authority Workshop Approved as presented - 5/0 Page 2 April 11, 2006 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5-vear Award 1) Chuck Mohlke for services on the Health Facilities Authority. Presented 4. PROCLAMATIONS A. Proclamation designating April as Child Abuse Prevention Month. To be accepted by Patrick Neale, President, Youth Haven Board of Trustees Adopted - 5/0 B. Proclamation designating May 6th as Day of Grace. To be accepted by Matt Raulerson. Adopted - 5/0 C. Proclamation designating May 13 - 21, 2006 as Tourism Week in Collier County. To be accepted by Jack Wert. Adopted - 5/0 5. PRESENTATIONS A. Presentation to the Board of County Commissioners Mr. Grover Whidden, Florida Power and Light Company, concerning its system hardening program. Presented 6. PUBLIC PETITIONS A. Public Petition request by Robert Felt to discuss replanting the Wilderness entrance to repair Hurricane Wilma damage. To be brought back at the April 25, 2006 BCC Meeting - Approved 5/0 B. Public Petition request by Connie Fullmer to discuss golf cart use on public roads in the Community of Goodland, FL. To be brought back at the May 9, 2006 BCC Meeting - Approved 5/0 Page 3 April 11, 2006 Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider Adoption of an Ordinance Establishing the Copper Cove Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Motion to Continue to April 25, 2006 BCC Meeting - Approved 5/0 Moved from Item #17C B. Request that the Board of County Commissioners adopt an ordinance to amend Ordinance No. 75-11 regulating commercial carnivals and exhibitions. Ordinance 2006-16: Adopted w/changes (specifications) - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee. Resolution 2006-87: Re-appointing Robert H. Jones and Virginia M. Donovan w/waiver of term limits - Adopted 5/0 B. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2006-88: Appointing E. Glenn Tucker - Adopted 5/0 C. Appointment of member to the Radio Road Beautification Advisory Committee. Resolution 2006-89: Re-appointing Helen Carella - Adopted 5/0 D. Appointment of member to the Animal Services Advisory Board. Motion to re-advertise - Failed 2/3 (Commissioner Henning, Commissioner Fiala and Commissioner Coletta opposed); Resolution 2006-90: Appointing Larry Greenberg - Adopted 4/1 (Commissioner Halas opposed) E. Appointment of members to the Tourist Development Council. Resolution 2006-91: Appointing Edward R. Olesky (w/waiver of Section 5 (D) of Ordinance No. 2001-55) and Rick Medwedeff - Adopted 5/0 Page 4 April 11, 2006 F. Recommendation that the Board of County Commissioners consider and provide any necessary direction regarding the method of Organization of Board Office Staff. (Commissioner Coletta) County Attorney to prepare a contract for the Office Manager of the BCC, which also includes an annual evaluation to be done by the Board of County Commissioners - Approved 4/1 (Commissioner Halas opposed) Added G. Request that the Board consider proclaiming April 25 and 26, 2006 as Payment in Lieu of Taxes 30th Anniversary Recognition Days and authorize the Chairman to sign the Proclamation Proclamation Adopted - 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation to seek Board approval of an Amended and Restated Developer Contribution Agreement with G.L. Homes of Naples for the design and construction of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road in exchange for vesting and impact fee credits. (Norman Feder, Administrator, Transportation Services) Motion to accept agreement, but to remove paragraphs 3 & 4 of Exhibit D - Approved 5/0 B. Recommendation to approve Professional Service Agreement No. 06-3931 for engineering and permitting services to be provided by Stanley Consultants, Inc., for the four-laning of Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040, in the amount of $3,300,000.00. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 C. Recommendation to award Contract 06-3908 to Bradanna, Inc. in the amount of$2,091,222.00 for construction of the upgrade of the scalehouse facility and scales at the Naples Landfill and to approve the necessary budget amendment, Project 59005. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 Page 5 April 11, 2006 Moved from Item #16B2 D. Recommendation for the final maintenance acceptance of plats generally within Riviera Golf Estates that have received previous preliminary acceptance from the Board of County Commissioners. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Ken Thompson - EMS Trucks B. Keith Tompkins - Property Manager of Eagle Creek Golf & Country Club regarding road widening of 951 & FDOT deadlines 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 10:30 a.m. Status Report on F.S. Chapter 164 Proceedings in Reference to the Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in Case No. 05-0064-CA and for further attempts by the Staffs of the South Florida Water Management District, The State of Florida Division of Lands, and the County to reach an Agreement in the Matter. Motion to proceed with settlement agreement - eliminate the extensions- give the people the land now to recreate on land while looking for 640 acres within 60 day grace period - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mudd: Joint workshop with Collier County School Board B. Pettit: Declare SPECIAL meeting of the BCC for the 4/17/06 Vanderbilt Beach Road Extension meeting C. Pettit: Benefits package to extend to the County Attorney and the BCC Offices (retroactive to 4/1/06) - Approved 4/0 (Commissioner Henning out) D. Fiala: Hearing Examiner - can it be done by Planning Commission? E. Fiala: Riviera Golf Estates - could be for sale in the future F. Henning: Would like an update on road projects and any delays due from hurricanes G. Mudd: Update coming on the County audit Page 6 April 11, 2006 _'_M^"_'__'_~'_"__',.~O,_"__,_,,__,_",,C"_"_"~"_,,"_~,____.__"''''~''.'~''''''''_'''__''"''' ... ------------------------------------------------------------------------------------------------------------ 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) Recommendation that the Collier County Board of County Commissioners approve a resolution delegating authority to the County Manager or his designee for the purpose of signing, for Collier County as grantee, Transfer of Development Rights (TDR) Conservation Easements. Resolution 2006-84 2) Recommendation to approve an Interim Management Plan for the School Board-Section 24 property under the Conservation Collier Land Acquisition Program. Located east of Golden Gate City, north of Brantley Blvd. and east of Blue Sage Drive for a total acreage of 65 acres 3) Recommendation to approve for recording the final plat of Sabal Bay Commercial Plat Phase Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 4) Recommendation to approve for recording the final plat of Heritage Bay Phase Two-A, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 5) Recommendation to approve for recording the final plat of Golden Gate Estates Unit 48 Tract 77 Replat. Page 7 April 11, 2006 6) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 2C, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 7) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 2D, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 8) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3E, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 9) Recommendation to award RFP #06-3906, Records Management Services to Vital Records Control, LLC for an estimated annual budget of$50,000. For the storage and retrieval of the Community Development and Environmental Services Division building permit files B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve the Landscape, Sidewalk, and Swale Maintenance Agreement between II Regalo Development and Collier County for the improvements on Orange Blossom and Yarberry Lane. For landscape installation and future maintenance improvements Moved to Item #10D 2) Recommendation for the final maintenance acceptance of plats generally within Riviera Golf Estates that have received previous preliminary acceptance from the Board of County Commissioners. 3) Recommendation to approve the purchase of one (I) seventy-one (71) passenger bus from Rivers Bus Sales, Inc. in the amount of $63,793 in Page 8 April 11, 2006 ~ ",.__.,_~_~.,__..~._,~.._~~_""O~__" ""~~'____"___".___.,_o,_,_._.,____"_.,...",_........." accordance with the Florida Department of Education Contract #2005- 15. To transport the inmate work force to/from the Correctional Facility 4) Recommendation to approve the piggybacking of the City of West Palm Bid #05/06-13 for the purchase of a Truck Mounted Storm/Sewer Cleaning Machine from Environmental Products of Florida in the Amount of $249,726. To enhance daily repair and maintenance on County roadways 5) Recommendation to approve a Declaration setting aside county- owned lands for road right-of-way, drainage and utility facilities. (Fiscal impact: $18.50) For a 40 ft. wide strip of land owned by Collier County located across the entrance to the Calusa Park Elementary school C. PUBLIC UTILITIES 1) Recommendation to Approve Removing Certain Accounts Receivable in the Amount of$259,623.01 from the Public Utilities Division, Utility Billing Sub-Ledger and to Write Off$137,762.05 of Public Utilities Division Miscellaneous Accounts Receivable. For bad debt write offs accumulated from 1978 to 2003 2) Recommendation to award Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services, pursuant to RFP 06- 3887, for (10) firms. (Estimated annual amount $6,000,000) As detailed in the Executive Summary 3) Approve a Resolution authorizing the submission of a State Revolving Fund low interest Construction Loan Application and authorizing the Loan Agreement to the Florida Department of Environmental Protection, and approve a change order to Purchase Order 4500045416 in the amount of$86,240.00 to Angie Brewer & Associates, L.C. for the Reclaimed Water Aquifer Storage and Recovery System Project, 74030. Resolution 2006-85 Page 9 April 11, 2006 4) Recommendation to approve a budget amendment to transfer funds in the amount of $275,000 from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to cover unanticipated operating expenses in the Irrigation Quality (Reuse) Cost Center. Due to a series of unanticipated system failures within the water distribution grid D. PUBLIC SERVICES 1) Recommendation to approve a Tourist Development Council Category A Grant Application in the amount of$79,848 and a Work Order to The Chris-Tel Company for $57,848 for boardwalk repairs at Tigertail Beach. To keep public beach parks safe and attractive 2) Recommendation to approve an extension to the grace period for the residency requirement for the Community Center Supervisor at Golden Gate Community Center. Extended through August 1, 2006 3) Recommendation to recognize additional revenue in the amount of $1,500 and approve a budget amendment to increase the Client Assistance budget. Due to a reimbursement from a legal settlement from a former Social Services client 4) Recommendation to accept donated funds in the amount of $2,000.00 and approve a budget amendment recognizing revenue and appropriating funds for Golden Gate Community Center. For funds donated by The Cool Cruisers of Southwest Florida E. ADMINISTRATIVE SERVICES 1) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction of March 11, 2006, resulting in $561,707.50 in gross revenues. As detailed in the Executive Summary Page 10 April 11, 2006 _."~.".,--'-'~_...._.,,--_.,,-_.,--,.__..~--.-._-~----- 2) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of February 17,2006 through March 16,2006 3) Recommendation to confirm and consent to the re-assignment of Contract No. 01-3276, Records Management Services from Document Management Services, d/b/a Filestor, Inc. to Vital Records Control of Florida, Inc. Release of the original party from liability after effective date of consent 4) Award Contract(s) #06-3929 Annual Contract for Architectural Services to the following firms: Schenkel & Shultz, Inc., Victor J. Latavish Architect, P A, BSSW Architects, Inc., CH2M Hill, Inc., Disney & Associates, P A and Harper Aiken Partners, Inc. Estimated annual amount $1,000,000. 5) Recommendation to approve expenditures relating to travel associated with educational advisory boards. For networking opportunities, possible recruitment and internships F. COUNTY MANAGER 1) Recommendation to approve a Budget Amendment to replace a damaged ambulance for the Emergency Medical Services Department in the amount of $177,000, recognize and appropriate insurance proceeds of$77,500, and appropriate $99,500 of Fund 490 reserves. Due to a 2005 motor vehicle accident G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. Due to increased jet traffic H. BOARD OF COUNTY COMMISSIONERS Page 11 April 11, 2006 ~._-_...~--.._.--...--_-"."---._~,-..,._-""""._-----"..._--,,,,- 1) Commissioner Halas requests Board approval for payment to attend function serving a valid public purpose to attend the Economic Development Council of Collier County Exclusive Member Breakfast on Wednesday, April 12, 2006; $21.52 to be paid from Commissioner Halas' travel budget. Held at the Hilton Naples from 7:30-9:00 a.m. 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 3rd Annual Florida Tradeport Briefing and Barbecue on March 31, 2006 at the Immokalee Regional Airport; $40.00 to be paid from Commissioner Halas' travel budget. For focus on the workforce and labor market in Immokalee and Eastern Collier County; briefing 10:00-12:00 p.m. and barbeque from 12:00 to 2:00 p.m. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners Approve an Agreement Authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Saturnia Lakes Subdivision. 2) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, Sheriffs office staff as Grant Financial and Program Managers, approve the Grant Application when completed, and authorize acceptance of awards and associated budget amendments. Used for expenses associated with the Child Abuse/Sexual Predator Program Page 12 April 11, 2006 3) Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-of-Contact for the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Field-Initiated Demonstration Program Grant, for the Sheriff to electronically submit the application through the Federal Grants.Gov website, and for the Board to accept the Grant when awarded and approve budget amendments. To support the costs of a new juvenile delinquency program for two years K. COUNTY ATTORNEY 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 NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt an Ordinance amending Section 74-308 (g) of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, which is the Collier County Consolidated Impact Fee Ordinance, No. 2001-13, providing for a change in the implementation date for the annual indexing adjustments to the Correctional Impact Fee rates in order to meet the implementation deadline of July I, 2006 set forth by proposed legislation. Ordinance 2006-15 B. This item reauires that all participants are sworn in and ex-parte disclosure be provided bv Commission members. Petition A VPLA T2005- AR8683 to disclaim, renounce and vacate the County's and the Public's Page 13 April 11, 2006 ,..,-->.-.,-----.--__,,__,,_.....~~,.,"'_".__.~~~_~.,..,''0,-"-.....-...-.;..---....-..-." interest in the 7.5 foot wide utility easement located along the east line of Lot 50 and the east line of the north 55 feet of Lot 11 and in the 5 foot wide utility easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all in Block 61, according to the plat of "Naples Park Unit No.5" as recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East. Resolution 2006-86 Moved to item #8B C. Request that the Board of County Commissioners adopt an ordinance to amend Ordinance No. 75-11 regulating commercial carnivals and exhibitions. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 14 April 11, 2006 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Aoril 11. 2006 Add Item 9G: Request that the Board consider proclaiming April 25 and 26, 2006 as Payment in Lieu of Taxes 30th Anniversary Recognition Days and authorize the Chairman to sign the proclamation. (Commissioner Coletta's request.) Item 10A: Towards the bottom of paragraph 21 H, delete the words "mandated by this Agreement and" and add the word "directly". It should read: ... and the County shall reimburse Developer for all fees, costs, expenses and other charges mandated by this Agreement and actually paid by Developer directlv in connection with the project within 6 months after the date of such termination. (Staff's request.) Item 16A1: Delete paragraph 3 under "Considerations" of the executive summary. The paragraph reads, "Signature by the Chairman of the Board of County Commissioners has raised questions concerning the attestation of the signature by the Clerk of Courts simply because the authority to do so arises implicitly from Ordinances approved months or years prior to the signature." (Staff's request.) Item 16B3: The agenda index refers to the Florida Department of Education Contract #2002-15. Should be "Contract #2005-15". (Staff's request.) Item 16E1: The dollar amount in the Executive Summary title should be: $561,707.50 rather than $561,757.90. (Commissioner Coyle's request.) Move Item 17C to 8B: Request that the Board of County Commissioners adopt an ordinance to amend Ordinance No. 75-11 regulating commercial carnivals and exhibitions. (Commissioner Henning's request.) Time Certain Items: Item 12A to be heard at 10:30 a.m. Status report on F.S. Chapter 164 proceedings in reference to the inverse condemnation lawsuit of Bernard J. and Helen R. Nobel, and Vincent D. Doerr V5. Collier County, in Case No. 05-0064-CA and for further attempts by the staffs of the South Florida Water Management District, the State of Florida Division of Lands, and the County to reach an agreement in the matter. "~'"---_'~'_~'_'___"~"___~'_____'''O''_'___,,___,__ 4A PROCLAMA TION WHEREAS, every child in Collier County is a precious gift, full of promise and potential; and, WHEREAS, chIld abuse and neglect is a serious problem in Collier, and across our nations; and, WHEREAS, chIld maltreatment occurs when people find themselves in stressful situations, without community resources, and don't know how to cope; and, WHEREAS, preventing chIld abuse and neglect is a community problem that depends on shared involvement among people throughout the community and organizations such as Youth Haven, whose programs provide immediate protection of suffering chIldren, support and information to families as well as community awareness; and, WHEREAS, child abuse and neglect not only directly harm chl1dren, but also increase the likelihood of criminal behavior, substance abuse, health problems, and risky behavior; and, WHEREAS, all citizens Df Collier should become involved in supporting families in raising their chIldren in a safe, stable, nurturing environment; and, WHEREAS, chIldren are wr most precious resource with bright and hopeful futures and Youth Haven is committed to keeping the chIldren who live in our community safe and happy. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier CtJUflty, Florida, that Aprl1 be designated as Child Abuse Prevention MD/lth and calls this observance to the attention of all in our community to increase their participation in our efforts to support famIlies, thereby preventing child abuse and strengthening the communities in which we live. DONE AND ORDERED THIS 11th Day of AprIl, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,"'",< ---~~-- --" -- --." - . .r".-.-Y"'"~ ~. ~ ,-' ',> ~/-:""" _'~ __,.r'- . FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK 48 PROCLAMA TION WHEREAS, Matt and Bess Raulerson have established an annual Day of Grace Golf Classic and Charity Auction to be held this year on May 6, in honor of their daughter, Emma Grace, who was born with a rare chromosomal disorder called Trisomy 18 and lived only thirteen days: and, WHEREAS, Trisomy 18 is so rare that there is very little research about it: and, WHEREAS, Matt and Bess Raulerson founded the event in order that the proceeds could be used to change the future of other famIlies by funding research: and, WHEREAS, Matt and Bess wIll donate this years proceeds to organizations and programs which provide research into the cause and treatment of Trisomy 18 and other genetic disorders, as they did the over $ 33,000.00 from the previous two years events: and, WHEREAS, in recognition of those in our community who support this bold effort and have done so in the past. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that May 6th, 2006 be proclaimed the Day of Grace in hopes of bringing more attention to this heartbreaking disease and in recognition of the Raulerson family's effort to make a positive contribution to their community by aiding others. DONE AND ORDERED THIS 11th Day of Aprl'l, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -...,.- ""- r'~.- FRANK HALAS, CHAIRMAN ATTEST: ~ ~~ I- ~ t c.ia - Lb<~ DWIG. E. BROCK, CL 4C PROCLAMA TION WHEREAS, the travel and tourism is the largest industry throughout Florida, employs more than 900,000 people and produces more than $58 billion in revenue from taxable sales: and, WHEREAS, the travel and tourism industry supports the vital interests of Collier County, Florida and the United States, contributing over 28,000 jobs to our community, economic prosperity, peace, understanding and goodwill: and, WHEREAS, 1.6 Million visitors contributed nearly $1.1 billion dollars to the economy of Collier County in 2005: and, WHEREAS, it is in the best interest of the citizens in Collier County to inform them of the direct and indirect benefits of tourism: and, WHEREAS, as travelers become mDf'll tIWt1re of Collier County's outstanding beaches, golf, shopping, rtlStaurants and notural, histtJric and cultural activities, travel and tourism will become on increasingly iltlpQf'tont aspect in the lives of our citiZllflS: and, WHEREAS, May 13 - 2J, 2006 is being observed throughout the state of Florida os Notional Tourism Week: and, WHEREAS, given the cOlltributions of travel and tourism to the eCOllDmic, social and cultural well being of the citizens of Collier County, it is fitting that we recognize the importance of trovel and tourism to our community. NOW THEREFORE, be it proclaimed that the Boord of County Commissioners wishes to acknowledge the cOlltributiOll$ to the tlCDlltJmy of Collier County, Florida by the travel and tourism indtlStry by designtlting May 13 - 21, 2006 as TOURISM WEEK IN COLLIER COUNTY and that this proclamation be acknowledged by the Greater Naples, Marco Island, Everglades Convention & Visitors Bureau at their Fourth Annual Tourism Awards Luncheon on May 19, 2006. DONE AND ORDERED THIS J Jth Day of April, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .-"., _...:-.1 ~-,~.,.,-"-'--:-- '-. ,--"'-::.:~ (--.--.,/ ~':-"'-' FRANK HALAS, CHAIRMAN ATTEST: ~<t~ DWIGHT E. BROCK, CLERK .~""ii'Tl7FN'S p. 'E<.T'ITlflN L,'J: Jt JL L..iI ~.." .....' < <.... . " _.. ~ " I am interested in Goodland becoming a golf cart communitv.. ,"" tx.- (~ ;2 Lj 1// II -y +<-?YL ,~f3 (e.~ -_.._._,.-_._--~.~. "~ 'h~H"'P <anrl ,::>rt1l'~r:;'<::<.;; l{'pc'ir1pni'S '.'>'IV~ f)r'rfOl",rh' H'\vner;;,; onh. ~.. u~''''~ ,"#A'" "'V'~' _""," ..,,,-:,,,'-"'-"'-"~' ,_. ,- t-<' ['." ',-' -- '. ",' ',' IndkaH" or no in tbe ilia ..(mr n::'Cs, -~ Na_ili(~(iJrint-:~ i\ddn2SS ~_.-. 7A1lJrn'/i 1&. ~ - -Y.d;!.. /na.::;r HQ.-.- _,' _~. _ _ -L/-'- ' '--'--- 1f}:~iJ ~JJ?,2:ib~~1J s J2 ~i1Jd--PJ--- , . (! -A 5), t H' (! ~ ' . @{~ ~.~_L-~~~ . JJuJ 1f~__:2~l}v~~ ~~~80!,~t W.~ ~ ~ ~~~if~ ,F J,;/ J~~;~~~:~--~:t"ff~J~;i.--t __~_~_._-- _------l2.----------.;J.--""" \:) Cl k C, A~.' i -L Lo9 J.81J:>--:J}..u.Jc.. l:u-~jl J _ [_J.'P-~:L Lv 0-,' t ~_19_ C(}J~ c1lkn.-8~ k:~~ Lou. Ih:!cd/ /-'6", _ r;,~A-r..rL'-1-e.>. CITIZEN'S P'ETIT10N I am interested in Goodland becoming a golf [~.~rt {"Ii"m rn'''''u1n'1''f'e;J ,.,a.. ... "'<<"U'II ,,' II ,1 ,. .. ., =t{)B 4ft' (tk CCrD l?riflt ~y()ur r~aIIlt: "lfi{l acidress.-: and p!"op-err~/ t)\'\)r~er_~- 4)11 indicate yes or- no In tht' UUi,q;;i:H foHoVt'ing ynur address. '}~-~ _ -~:. - r'. f\- ~~\P' ill., ,\ A rl r~," ~~~~ ,/ - S{}/J 01<;:; 'DIL~S OIJ_ ? I (j ?tnf~_~~~~~,-IJ~_~~_ L( t ~ /f! IlRtc (JI ~ J-, S',r €. :YJB-f!-e/9l<--; e...r;:t. J)!L-- Ljt!S' #k~ 6/1~:~ b27 jL5 ! - /i . <251 · <<-~~-"--JJ-- rJc / / }~ 6 ~E-~-_--I32Li~.__!!~!:_--..--fl~s ( ~/1 ~_~t&tJf;_b '~~~f&7;:i;: x. /]::..1 /'lj ,-_~jjO[c~!I-~__}~_E_J~:C"<:-.:~jsc=:J..;1 C.J ,-y:: ~ _-11q~__Li~~1.i V ._._________._.Z,Q_~_3~__<_<_ G, OC.~_L~~t:::,1J fJ p. \ i( ~ < __ A V\A ktJ j) A f{OfV /tv ~ Z,o <6; ks'1' _ bpv~LA~ 4 ~[2 tAli o ' , ' ~ ] In IVJ ~_l~ G . ,} __<_.__._.:i:2.~L._<.L..l11ilt1J-f}12-._._-- Lr --l1.&'~ 11 ~ ~~ r Z .'1r\t4 _jJk- 4/11 fOb #CoB\ C~l CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address !1 ff'1) J Iv Iy /J f-i 0 1\ E~' A',-? fLuBv .! I ~J~ ,C'ocolv:,T _ A-<~~,', d,} <5 I >{ C ODtJ/VO J-' 19 [/L: r (t ) . /-n} ! <~t'-;"), -'-, r,-) ,T )(; \4 ~ (11/ CI- f I r\_ /77."S <~ L~, :) Y J c:- ('; or! 0 r......v"l /fc/.::='" \ / ~-. ,/ c-> . ' , -<. \ 'j {"-/\~V> f\ <\- ,// ,~ "'" I ,,,l ;' , - /~ - j.{ ~l .1// C:,/~--< ,f C -1',1((1/11_ .__ /:..-f4-1 / l / -' ~JV~/~:p? ~7Jtt l( Jf ~FY,^1A'J 0 t./ro-c4 / J----- /j i~C " L /1 !J..I ,,:/~.:: foe ~;"Uu r /) It- (./,,;::." c ,...:;, s- /f// (I L,Lf'R-r~a7t./(2t~Y~~" $ .1;1 &~ Ox '1~'iY- l) [J7 fe,sf-a, G MaY-6(/le ~ 5 -"-r ' /, , ftl,'l ,S ' " ~ ~ ,l.i _ f ':'7 \ { """ " . I::) , 6s S :~D ~70 ~)A .j"-:$.....() ~ 1[.tJ-4/' cJ JJ vD Y'c'fY /I AI e A 0 r-iJ/f \.) Lo -t...~/ 4tll (Db "4lCoB CO~\ CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address ~, /P O-Cj.~- ;;J I "'" / "" ./ {1 . "./;'.,-~ '-. '--"'/ c"" --"~a~t.t..j (,--A/t,-C.c/ /'r I..e/frl-'-L ;:;!/~ v LIES / Yt2s 51' _"1 /} I?,.. ." /,1 7 J ,./i .?)} ..iZe'lh..., ,'li f-t...../' -' .' I.""" ! ~r ~ "...,.,- 7'1~ fd"t1 f~ '{~s Ves I \ s /'" 'h/I\;l-t' . . f' \: / l' . ) ~ ( C-c>c> JDo . ~'OS E::$ i'\ \v p> L... i....E. Cl V b '\ ~ \~) tl H '- ~A, ~~ V'I c;p\ '1 SeCA 4'1') ~1 c20U ('7 O()cU v, ~J /~ ~ IJig j-::-/ / C :f / 4 ?cC"-f /~ -, 1/ ~A?..J~$ 7. l[~LLc--"1 ~\~~ pe"',^'Y{i- f \, I "I .,- c: \ t .:.l-. \~~ ,j ~ _5 /0 1e.~ 4/11 (Ob =>>(oB C~\ CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address ,,~,-, j c""->') .~ I \0 { ~id~\ ._ '-&' "4-:) /, \ . .' .-- ,.,q. - 4-" " " ~ /(/'1 l )t'~( *!..,/ ! ILl/c) -/.; , - ( c' ,'.--' .-, [d,J\,! ,," ')...i! P J /, - 4"c...-- .f'......-c-- ---- -bJ' i ,~U ,.H .....1 l .,:...r i' ~' ,~, t-, c~f"'~,-'l-....~ \~~ \t;;l.A...~", \ ~-~,' // /~-; J'.~! " ! / I ..j, "~1'~ /, i//{)Y' ',J.(;' i.t. ,-,' /1 ,,' ~/ /1 / /;; /' /') :/.. / / ,; "Al1. Pj"., l/' , ,/ /./~ rt: ~-tf."::~lCJL// L. . /tLt:- "Y;'~J{,~,-~ -,,--~?~,~.",,",j ..- y~ f~ ~ > . ',' ('-, . ....... ).. it, J; ,,;Ii" &, .....' ,"/ C..I\.!;..~'f../~.-l;'"-~~"--_.", l--"j..:'..}.:-. _...'.-::./" ~:-!....-<,''f'''''-t ....~ .-_ .~'" ~ ~:.C"-~ -y-\ ,"h;-.".._..,-. ,,11 ! /I,-,/j ,,If'll (/L(".(..... (, J/(~ ') 1 ' t/ ~ ,f!-~~c,-;;t,./__ 1 l ~ J i I \:\ (\ ~ . p" (\..,,,, . \', (' () \'., r, \ "oJ ~,)i. "! '-' "~'~e-'" . 1...J:. /~"" , , ,-,)( /1. ',,-- \ A . ./ !' ',~ \.I. \ I .1 /1~' 1. / Y't r l' i \ :,."iF' Jp r.Lr''Cl) Clr- \../ e 6 / "', ... 1r~~'D I/; /~ / .L(/" . , p" ~ 'f / ",.. r ,,',f- ;.'/} l...... ~I, t.,' i ''-/ "j ("'?L-.- i.,..../l \/ '1.-. --- I"" ~ "",,,' ,s", /) . ,/ ///" " "/Li/C/J,ti1 tC/J.:.c-/LC",--, ....!:1--"?~~ ,. ~I fil" \ I / /~:.. rl /i~./ !' , . i." . I l"/ /kAlr/. /JAu)..~r~( (1--"- ij ~ ,/; ,,?-' r- /-"'-~~r_~_ I /2 \ j /.".. {',' > . /' . '.':2"" ,/j' ,/[.... ~. ," ;'~.~~(~. {.., (_. /~. ~.- i~~:/.' .,-- l v\ ~ii . 'I ,", I X ~/(j \ 'J\J/(.',_ ~"""; . .i '., 'i ".. c ,:' i,-.,,/t--\.i-ft {.I,~-: .-.\....t<~.. (', - f ,," ~!I . . i' ,'1\ . /"-"1 ," ",\ (, '~-(. ,'~ ,It '4.) , \~ . -../ ---"/ L"<--~ r\ "\ /} / ,r~ () (") i~} 1\1' /.c""'''~ ( '.A" . ....--" )__' At-b' "- f 4' .'" /''-'/'-'':fP ',; .. ee. : [, /1 ~1/l/'.- II /i f I ~ -f r ,'.' C0'~ ~~ " -'. . ,,' .'",' -, _......__ // " ._,f;' ,f'>' e ~._j ____.-,u....'-.-'~- ".L,e j/ }:....' 6 .l~';I r ~- .....' t~--. v.f /~~~-;::~;': 1'J: ." -"';;;;'-:~ - J ,7 I' \:"1 \11'_0 , \, ~ .#-1.19 I. , / .1 \'. , . \/ c., \1" i '...... 'f,..\ l--WOl L" \ .?,'....; 4/11/Ob ~B\ CcPJ CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) /';'~, ',-.'/".Lc} ;.:~~~:<-:; ~ _.. '-t" ;7> :7 C':::-t-\' t';KL~ C? " C' It ~;:ra. ~-.? Ct./ / r'~ .,.:.,., .~< / -,,7 ../ Y' "" ));'\ r /f \ \ 1\ v \ .--'"\ ;, '-., ..~ \ <C'--" II -~i \..... \. 7:,:::,'_,,)'~~~:;',::::,1-.. (,<J ~. ! /[' ,-- / '" ../ J, / 1!'4.l '1910 ,.(j>;!/~f' . ~'" -~.- ,t <f. ".... a'~' ....... '-'l~t'~tx. t).l'.., '> ,r _ r.....' ...~- - j' _.' ,_U' ! .." -0" "\---.-",,... ,/ .' -/;'" I /. .' I {" ,q "-*" /~}/"",1~ /'),1 ,/ /,,' ~ ,.~ ~':i /;4/ ~ .,-~ " .. .. ~~t-1_' ,} /'''-:t ;:::> 1- Address r-' :i_, t//: l'.. ' It: {,If V;.! : /i" t.; If f,.. . { / ~'- .... (,,---- A,t... !"",. ~ ....,r ~ li.<'" """ /;~~, ~ -- '\ l, r t.:',:::,_ } ,L\-3CJ' ia7~- ~\~'>T?()'~~ A ~[-~-\C~~: (~E=S.~) (\ I' I \ )' " ,/,' /Y/P rLj --" . -,,, ~\,':::",..._.,..J {'A,:.\.......".....~.'\\\ \.~.:::~,.. .- ~'--j\ \--{ ~ (/~- -- "'-- ~>._~-- \ ~ , '" __~)i(~(._~-, 'j I . .."" I, " . /) // ? /.". !:1:c.<. ) 111) .c, "'" ""ft/,'" I '" r-' ~.. / t ~ \,~, 4 III (06 #Ui3 Cd-') CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address '} "' ,,'; / ,'J f /0.,). "_~l(/~),/,',;','/ ,f ';. V _ ;11 _ J_~- /'~- 'y c/ . " , f:,.;.'--- t_ .L_ ;(,c'i/ /(,( /":(.r,r.',>:. . ~' /i ., :,' /'. .:;'_(. '....i -_.-:'t i/ """Y'f"r" /', , <' /",/1 //1//1 ! P,~~Af L 4:(-:> ::::>c~ t{ v \~es ~r-/U fill 11 /7 I~ /) t:J,l.(A ",/e;;t;i, i~Kr~AYCr:~ D'/.' ; i ,., , it ./ i \1') I f h J f. e /;, I /' ,;1/:{'''}1 )l! /, /' ~- . - \.. ~_/ r' ,,"-.) ,- ~~'/ f/ _,' I , ,.,~, ,') c/, \ \ \ ( -::..):/ r) ('. ) -,.,/ ,X " .... ~ /1 /J 'i 4[" .I /'c/ ~C/}/i ...' ,1 1 ,,"1 I .'1 "l) ,{l /' .~ -0. .oi0) .', ~.' -;-) ~.~') ~~J ! -\\'/,:( l :/_L7 i.' I~-! /' ,- /_,/ --;::: /;~ /-;??F---, ~ r /1 ,;:>i .4':::1' " -t:' i -," "/ I ';;. ,/ I' - ... '; '.: f,'''-~' (.....-- /,. ,,,.1 ~_.- .-' - )/ 71' J q !C'7<.. ~ ,~ /..'- D ,/'t / I ,,:' i :':;'c,:)/' f'J .I i " ,yes; //"" ,;de r<, . /-----, ~/ I;' '-./" -:.'" ( ,; "'-----.->. / r- ~ fl" '/', c- I-I~. Ii ,1"1' 'J ',., ~-' If I':' \ ;' ~ ~. L.. v f 1:'1 ~ I 1 ',I: 1'< I, !:~,/ ... .-. I{ tJ L!'('" fi_;: 1,-. t~,T r 'f / ,/f,,;',; ,""" f " ; I d L. L' ;) VA- '! it 7,lr, jJ -;: , '_I r\ . , L -.:_:1 "'" ~~ r::J ,- 1 .1:;::' ~ ~ }-, "l--V t,l,ll~ r rc ' ~-c, (,) 0 1::' :} tf- 4 /L. "1 " 1 _~. ~(J j U - t:;l? I:/l:.!./ " 1)"( ~ - ,1 )< I" k:.- , Iv (Q... "', <' {i ,,/? /.'1- ' \ (..1 S ,./ 06-- ~ ~.. ' ~ II 'f .~ 4/1, (06 ~(O6 ~) CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. j.. .../::' _. /~ ." .'/ .. , <>,~;!{""f'-r~~~~,:~;.~c:~"~/ . ~ f~ Name(print)/--: ",'-::> .<:;' //~1:= '~=~='- . ..~l '?~ /.;' /1 / /' ---r--f- . ;./ ",<,::,-,:",:~:;,),/:?<",.,.'",/ r\;.,~: .',//' /~ ,//,< /. ,// <P"-" ~/ <;t>I:_, ';j!:J. .~ /, / /J>?,-t> / \, {/ i_/ ;-'---"7'/ '~I"/t;:~'."I-'~' /' ~ / JI/ /./ I . ..","1/ ..... ../.,:/ ,/ / i I "I 1: l y 1:;1 ..r,;> , /. / ',,,,f:U::./f:[Afl<. ~->f.f _ ,-iK'R . .. .' ....- ~;:.~ . ,,'J' .... Address ,'. _/,~ (;r _ ',_ -,.,' _! '7"'-. /Of7 t - () ,.(,Z,l-K''''-''''"7~'--'5/'' .----<::"" > ' ~ -,'-";: "~.~jX . ,/ . -,- ....",...,._,.~".-_.. /1' ~...:;:::c::~--'" (,<-,~, /1 v' 'v{ t2 .5 ! / &-t, )1 \./ <~)-~, _y l. -.... l e0 SJ7 E {/;trJI1LJ-- J I :J (}ll "'/"7"J ,'J . , ! c':.. ri C? "') P ",0--' .-- --\ "') ~. -c, _. rJ_J '/ ::>5 , I I~l r" ~ '} / --i.- L OLi()(0 \ \!-es 'I '(1=<)" YES; -5-8- G c~oc OA/V-'- 6' a j;:. /'") CjI C" '" X / ,,'. --.. ~> "............y.....,t' ~-t' S CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. '-1fU/if{J *~ ~ ;1 (CJZ) Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address C', L_ ~ l f'::~ y{~ .t;s 1 t C t.[ V {) \>j-. v C i -e -::::. \ --~~ ~t'.t2 so S' (' c> (c rt/?t::'.. ~t/l- If: 'r ( '101- r/) A jd (l.-y A l/~ Ve- Ye ],.-, f--c A vJ .A oJ A UfL Vc ( ~/1 /7 j" l ,': 4/ /II 6{:1 CWJ) CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address ,S~OIJ fA l77! L C~ F\ 1.z 7 1J1 A iJG-o AeI, ---61/4--<' {~- "'<,Sf If(~ 7 7111 ti<< qo dCdL., - / ~~S (O{c:wJT J i P\v '1\r ~\,~~.Dl'L't) __!).-.JE.A,-( 'fE.l-\'Te 3 \ t i~ob(?,-:t- F, ~ \ \ s~ .,51.38 (oCt",,AJu.:f Au e. ~"n'tJf2.~ ~~V~~ <.:?~'3 ~) YpL{t"') ~0fi i;~?rv.f't;' i?d~~ Ie ~3 p: IZ~ "Nt", /''''"' .' ,. J r\ , ~'-r/!') l~l~ ~c,/-=t---..n~QJL~ ~ ~ .5~~'Lt~ - b l ( ~. P 02Vt-1 '7 ~ - J I . G/WCL ml L{EI( \' -~N \ f~ttyc> ~~~ 0l yes 'G:cS l I rO: t,- ,'/' J .~ '-flllllfl,1 #.(08 (~) CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print YOUl- name and address. Residents and pr-operty owners only. Indicate yes or no in the mar-gin following your add;-ess. Name(print) Address /20'~~. 6D~0/ .-r::) ~'r\) - d f:? ~) ',{a1 (9/[{ht-/ tv :;2 rJ C t C'A llUv.../ '" /.I J; C$ (/1 f} (/ f;{IIIn/ {lO , , /':. '::-::--;:' 'l\"DtCV{l P /c1) hi fh 't^/e f (C) :s~ l /M W7e~ , (f ,/ /1 "" // f/-L) 'Z.. ~ Q,j 'Y' €.. 'S Ye5 l e,s c~ / L/'f 1(") 50" - ..~ I e--f\s-T ('i)cOI',.-f,.Ij S'ZJ F- ~\ "- L---..J C C "'~-" 0ff (,.. -:-:1 -1 'v c.. l ./ Ei CC?CQI',G(+ :?;)'J [.' ~1Jll;- ~ e<;. ?;~1 E. ~~1r. yes- "'-----4F,}ab--. #CoB ~R) 1 I Z~.~'f ~ 1;\ ;~ "'i'i ._~,_ ,t~,,-' 1 ~ ~. ~_ _ .:....... ..,i..._r~ .-- " ;dIT~ ,r~..,j... ~.._ """I ':: _ _ t -.., _ ,3l: I' - - --~!.t:,--_ - ~ ,,- .,...,.. - ---- -.- ...r"'Il'" ~ ~.- ~ am .iHit;l'CStt::u Hl ,,^JiOOOanO ut~COn~lll~ a ~UH ,iT, !'''t'''t ~...a_~_ ~ m n ,. "-~ '1;11;.' r~!,-"',;:: ~~l n ~ ';- tJ.t. I.~:tr ~_-~ ~7, t~ rt"":.S~,,:,. '~-',,':...;:' ~ j) "J ~~n J'J'~ :2 /} r- ' . '~~L ~c_~m__ --J[i.kq';..A~~m_:f ~~. <i2~~~~:~..r1_____~~~_~~_~~:DCL__~ .i'{\- fl. \oj-.-'t__C:~X\ ~L___ tt~_??_L_ PQ..lhL_ __yeS _~~~_cl~___k~72__~jlLLm. _y_es ~~_______fLf_L___bl~____y~r '~~._~__~~l_~~~__~~ /~-_.i/M..u=u__..j:_2_,,{_.E~k~___u~-ij" 5 ___ r,... . n / r~ "- ih_, ' I r Ii . " _"7v~~LCld../..__~~L..L.~.t7~_.._.._.._.........__...~--,(CLd_.f;L;",__C~-..__.EaJL~"',(~\--'---"'_'_(1lfD ~Jp~~<-~~--gJ(-ti~~~E~~~- ~\1-ill~_-.__-------~J.---- ,~~r~,-,~- ,_ 5G~ ,J CoeorJVJ .F .JJL~.L..~~:8:l:::~.,=~_...._.__..~.\..~. .~~_~~0!,::I':'(.....(..J:"t.Y:_._~__..~____._.~t:~?_.__ J ___~'~~__"'__'___'__r'~<'_"'~~__,_""__',-,_,__,_","_',~-.~"'''_'''''._...''^_' .____.,_,.____. ",. ...............___"~'m'__~"""'''_.,_.....~.._....",.."..__~~,._..._~__.....,,__.__._~.....""_._. ..-~~,_...",...-,--.-..,,,..___;~._....,~."~_,..,.".."<_M"._..__......~.,,~.~_,. Lfllt 'of> -#(OB (ct.') _':.~.~-''i .If..... ''-;1.'7...: . 'l\.. ' .. f', ''''p' P --r- ....--.11 ['.. N' " """ ~ ''\l'~ :~~JI '~'l I; ; :;'-, .,~ 1,;:: ! n li'{]tr~l>t;:;tpfl Hl .". ..,. k ~; 'ii zo. 1"OnlUanl1 ne('"onlHl!!' a QO, .. rT' (..(~ rn '~n'~ '!"'"J 1'- ~_-' ~-~" 1Oc.,,-. ~. -'" ~." ;" ~;;_1;;/ ~ t:r.. r 4i.~ .~..~ ;!'~ ~ '- ' ~J _~.. fi;,i l'~.~ .~ ~.~.~ -i:..'l; '~~"P' ",c_, + "'I< E ,. J j-. ',.,,; (~~ 21-7' V~j~A- r\-\~\-e ~ SUll. ~~12, tfGJ tlV",/~~~~.~J .--\:::::!..J-----,.....,'--.-.::t::S:)'..,",~,~,__,_.,_"',.".,..,_..,,_._",__",,'.-'-''- -""""'_,_,_--,_.'''''''''''-_.''- ' ",.",,'.' .... . , ~. . e~.__ "M _...~Zi.A0lIJ~j<). '1.(' \ ~~~:'" _ S"8'-f (,xo f\ Q YQLl .~~. . .~~_.:-~-~::s~ &2~::!:~~.~~s --.,U~!L ~-f!!1-----_._------------_._----- .-----.f...s jg1a!2i:r..".,._,.WL~-~~.-._____~.6_.Cj_....... _..._...f!JJLl!'7__~_,_~."....."lo__ f!Jrlf!I{;LJ1~_.'-6!L__lI1il:/ _J1l.. .Y:r--5 ~. · f' ,/ /1 .. 4".i)' ~~.__ . .1.. .~_..~Lfd._ ~.JALm_-Ye~ ~__._.I:{;o..? c..~(.t1Af-4-G- tt 4) 1/ 1 Op #&6 C Cf?) CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address ,/'/} :m7/(1C-IJ1 /11 t.hIJWHIf' I PA UL, J:;', C A f;~/ ;2UYA~6 Lj It P/iJP{J'I4- '~J-' 3'1//jc) ~~~ ~ r I '"'/o'Y w I 5'/1 ; (, l-e V /;kC:b c tv/' /' / / / / -'7 ./ ,,- ../ / (Je, IJ Jt) LiJ. Fe) )--r '2- /7 . ( F "c; /I I~J -1 ~> rc) L{--Q-l ,j;;i '/l -t{) )M ~- 't , ( c~~ 3Y/L//) )fI , D :.;/' tj-o\ '''- ') .;7 Lfl 1'0 11[ ~ -) ; j I O. >, :i'l'i,,', v""""{ fe, i ); / ,. /,' - .S; (l'"'i &7 (A.J-j../-v-1' "~"? ,'-1 /}.(I :-.:; ~) ,_~ C Ct [I Ii 1.-1...+ 1/ . LJe 34J4/j 1f\ '3 fjlYtJ '}e" )I'~ .5 L1}n)(Jb #fo~ C~R) CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Add ress ,~s~ 3 G'bOV),~ IltrU I,:) 0 ~~ _ \!J C)l--\ 1 (\ (; " . ~I\Jcr+ \\ , ) \\ \'\ \ '/ (~( "- \, I {;,b7 "- I\.J'> 'i. \ ( .::' 07..-tJ ~~ /J1z41-4 Ye J I U? /)() Ec~ IU~ \ I ~) 'I rei , Ve: '\1\(:)" , :' ( '),AJ LltJ / /LA 41JLlCJ /, ~/ t.!v'l_r'.c t Ob' C;u /A-/5 J c---I i -H?/2 (,61, C;urJJ<c..It cT'-)" \ ~ <-f OJ 'fV\L (\... ~ IJ Ly:es A-ICAj/k;[ /;LJcS7~~'OtJ tfo5' IJVtAlGO 11 y (<.; l olC 6 ~/")(Jb 'tfCoB (QR\ CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print yom" name and address. Residents and property owners only. Indicate yes or no in the margin following your address. 5vc:;i (~c [}flul I~' c /7 /~ 0' j c.\ ,- Name(print) 'I ;t1 J-J ov AI!P J-/PI1AIJ () "(l J -- /) -k---f.} Ii tJL{i~{}1 'I l ( r)tt:1-J;'1"I/:t/{,~c\/ Address A-(j r. '.S' ! '- .::...' :3 0 ~ ~I 5 . }4-PA-!4-. \; ( 3 \ B~ AIL-l~:c-t: AUt - 'i &5 ? 0 ;? ---,r, ~ 'I - ~ ';J ! ~ r ..i2~~ /.~ 'f! c.., S dl ~ ::oocf r <\: l ~' ~ ":,i- y~ > .;J 0 :--, ~,du( [J/, ' '1.e~ Z C/? /--?v"> 17/1p 7 ) :' /;Lor? '.-' .~ "-,j ~. :( j , ' \.,' -' \ e (,_ !p7 rJAf.>J-Irfie~f}Y Ye5 /- .-/1 1/ ./"l.t/ \ i . t.k 4 l t /' j tz./\./~t'L ,>Lv-c_ 'Ii k:' .~ y/ll/6(o "* CoB (~ CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print yom" name and address. Residents and p,'operty owners only. Indicate yes or no in the mar"gin following YOtH addi"ess. /'~ " . :- /l -1'/ /.J J/ / C I,^" L /AJO /1 ~/'7 . () C. __ // i ,. .___ ,// I '. J /i ( <CYJcV t 'f./tY-1 1- ( , '->C/ld /' ~ . / Y- L-i t 1 '"),1 .- . -1\ i IY 1 f-,.J (:) C) -to \ I.... ,,-. Namc(print) Address "...,..------ CY}. ". ./",,-"Y' ~~l"l/i' (j. ~5~ F ~/4Lf11 ~r.e . L~) .5 t:', /d//i71r, #0f<',(l.ti} 5' ? i )/C'" -c .~l,;,SS' ............- (\ '~'f\. f' .~\(, C ,'^ -.} ,-",,\I, ,"Ie. e. ,"-,v t '< \ .' ""--', ", -my) b, Y1=n-+r.J'I,- /'l/!'\, . ( (I Ij t(,'t<"--'L Q() I' ''"''''" /'} 4' / " i, /' 1./"" /, ~- ", ," . t,- r .' l",/r .-' \ :., i "::> ; f e.i"" , F ~ r,' ("'''t:- ,t.~" I'....U !:.~ 7 t::~ f! ' --- /-1 \ \' . \ (('- (:,(/\ (i '/ \/'E ~ :~ Il SId I/J?tCl .+t1.(L -hJ~ "" YQ s () ". f? . """2 5' r (.1 f{ > U \C"' J) ". ,.r":-"'" .1,.. .; , ..' L /I,f'''/.. {.'! i .r I )U f'I" ...,"'" i '-" ( _."'-"'{. , r{.J'" f ~, t '.... oL,z..,: 1f.....J --. '-J{ ~ _ i _J lf/ll }~~ ~~ Q-') CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and p,"operty owners only. Indicate yes or no in the margin following your address. Name(print) Address , if I / " r ,1/ . ' . I J I ' j i ""'II," r ,~, I .~ I (. ,J I.:.. L{ ',-1..._ / / ,/,/ '\ /' fJ (%--/0 {t L jJ;Je I ! ( ) , \'.',.L' 1 J L.. I ,..-" ./ Ii' ~1 I .-"j' ". . _--~~~ ).."" ~:.-...,.:.L.~~'~?'., ", C/o I ,L,./ 'A I / t,j l v l~/ 1/1 ' I ., / ~ /) / <1 (~J );~/l/) "<_ )/' / / VA::;:Y-'jrL'/' C.'A?A,: /!_c!~;'PJ:-I:-A'!//j:t,-z/ J / . ///~-:-'_._'-/ I ct:t1', '" '-i> // .~ 'r:)* ~ ~ C~ /,,' ~ ","'Y/ t , t, I - '-7 /p,,), /7/ '" / (~::Yed7-L-I'I"~ ~ ~ ,'" c'\ /'\ ~ ~,t-+ ....,,-'-" 'j Lr , ,~Jr ',/, j /1 /;: '4// h /tf/f/'~ 4>2'1~::+/ f J .. /" ".J~l f .....;. l...rA l' :----''-.".. i:rl.",-~, ,,' .f'/ f t' , /, i " / { , {' / , l, l (,C.; >~'/" {vi". ,~.,_.c_ I . -" ~",-',' ,....~, ....~..~.' cl ~'-~'f / 1, "" -:I' ' i // /"r~ //.1 ___4';;" t. ..,~_/ it";;',-:!,." .' t , _~ ;/ I~" {f --.~;;; 1//i' ~ ;::: //~~ <:: ('.; (~ _':;,,-, ,0 ~L. \.L. ',,-- ." \:-"~.~~~:' , {,,'_Z.- tl:1J~ :s (;'" '\ {--;~:'\.;~,-- l' .'''' \ ~'._> ',or: ');.. f r//' / I ( f.. \, /^('"l/!'~ <",,) ,,_) ',-,i/,(lr j Vi ; , 7 ,) 't.>-J i. I if!' /'J >"~'l~^ L t ,~J ;/ tf' I (/c~,:..7 1/ \..t /' If" 1-4;',,----,<--) ( " ?~ -! / -.,' /~ ,/ r' ~, /.:j ..,I' . i/ (~:'".I..~.<~~ / {j (,/ ,,/ ft.._ ! ( , , l.i ,/~, ~< I t D <",' ~~ --,.Ii" If III}G~ ft~&\ C(J~\ CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your addl-ess. Name(print) Add ress f ,; . /~ f f 1/ ,J , I..;, (j~")7,/) J/ //''1/71.) l J4/1/ It ,~---' ., - ",,,,, s' ,.' ~. ,..- " -r-..,,;--/.-//) / /' -<,7 /~r~ {/ / r'J ,,:/2:'--::/> ( /(_,7'"'- L~>' ;5,/;: , //l::=":_~; ._ /. ..-/" - ,/ /. ,<'j ,r::i ( i /j /"?' / /) /~ll" i <lJ l,,';t{ f.." ,~_.' / / / )-') f->: '" v J,l "',' ',- ~~-- '.'f /, ,G. "",j ~ , <) . '. ' ' )\. 7;"/l l.>U ff'llV 1"'"'1 (\.>> i:)1(.' r"F, '~) ': ~ Ii ~l(~) , j.' J /l ,/t/,I, \ III/- 1\' \, _ .-C" 1-' I_i . i ,--7j',,_, ! _ ./ t> ,_ A . / "v_ - "tJJ /1 I C tJ,)r 1.... Tt ~ .' ,I' ^ '" j I c-"-"'- Jf'.,,;.......... /,t<' ~ \ ,.:/, ( /,",'~_ ,/t' ,/ "'" i~"'i i j ',;[\'-'\:- (1''-,). t ~)ll[/'./ '"-" o,~ ~"/ ",,,,/ \f,:" I~~"/~"" ", ,) *",,,<0>,-'- ( .J .:"'~'~;::'" r'1,/ }-;. '--", / ) , ;"-c-:z I 17-7 / /(" \' / . ~.... .Ii " '/ ): ...'} ~-/r / I . ; t"-" ~.n. ,]/\ C' '5 ( C i( fJ It~ /, VI -'l ...1".i\~\N~ 1 . ','\ \\ -' N' ,;., ,,'\~ \'ifl~' r) 0 R y' ~ f\C';.~~/ . / i /,/1 . J' ..Y~/ ' ,.1" III.. ' /" /. 'i ' /. A "~7 /1 / I ! .-:'-1ll' '. ( <':~</'c.:;L- ~)' "'., t) (/ .1 /;11'''''''' I /- I L \ 11t-,-, r,T' l/ / ",.' L' r~ r7...r- j "l1/ f 1-{ <) L: 1'1\ w"^ I fJr..""- pr-fp/ u it; '; /U 1:r / /0 4--7;>! ~/l !)..l"j(.;C, /A...-J (' es' \.( C~ C i 'EL6S I & k~l~\jAiV'\ 4- ) I " ~b #G?B ~r<- ') CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address_ Name(print) Addr-ess )/;'''''';- ", ,/_' \, 1-....1".. 12 eC ('.::= /J )'v clll.'J:", ~' "-I ,- .:, j":'::' , c" T t, ....., ,)".. w' , 0' '-.6 ''- '-' , /f I (.",:8,)(1 (.,A',o..-Cl 'i e y t; \/(,S '/0 "~ ~//i ') uj ~J , 1.:.." . ~, ~i, ti. ~"', /) \ I' 1,-',1' If" J-~^( r l <'~ \i~ j.t~ }jq l-liit: bOlt PI" YCL.S LI/ ')- rV\ CA, '-1, C) /4, i....-' ~ y..e5 (".;'"~1 ,/' f-"":1,.,,.} /' I l't{i/{'-M./ '1711/ d /, f ," :'/, ,f' .nJ. /' ~,~'/ --Z/ ~ }' ~ ,.'--/-"'v~'" --e'._/~, f. t_,l_.( z;...-.'-- ,/ ,.;::, ,() ",,- ,- --f,Lf LJ1':~_" /'O~ (\(\' { (~- '~"~ if) \--'_'. I ).._ ' . t. '-;2, '~[;."-----, ' -'-'~ ., ,r ,'J (. ~~ *'iI(f C){\ \}.,'-'<?J, \~\"J \ LL:J \ -....... "" /' . .~::::'~~,~~- ~- ../ ~.~'./ ,/ ' . /;' /""7 ......, ,1/ 1tM("". :7:5 ~3 (~c'C>t'-Jvr' J;l/f:. .IJ\fi40.:'T~-z-;yi~j.:, ;.- , 'J '.-, -:;,'-{) .... t) ~ S ( (~'(GY~'1 r <:J" , ,1 j..--, ,'J.'~lJ.. 0 . fj-' ~ ltJ 1\ )~ :t4~6 ~) CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print yom" name and address. Residents and pr"operty owners only. Indicate yes or no in the margin following your address. Name(print) Address ,~. (-) -- '\"~,,~,.j i., '\ {:: .. /. _ ,.1" ~. ,. ,i -". ,':-7~A ./\,~t-.;. \.../ ,-"",' .--~) ;Y,- 1-, " " \ ,.1_' ,~, ! ' 'f-J t-" \(.r :". ","',"",' ''''... ~-:--"<-~ - ,f ~ .._-.0 f ...~::. d... f (.~'.~f'. f / I ''> '/,.:r- I '-. f 'lC-~ ~,} ',......~ \ '..',. -' < \ -- ,----- ,.'_,c- 0 ,F t"'''- Pv (? . "-. , ") " ("\ j ,') /)(. ~ : ?J ,;" ""; \, J ~ ;'-'i ,( ," ( ,/ .~~-,. /f tJ)j!t~() ~-::.7- ~ f ., -r," / 'L-- ~) (r" i,.~~ 4)1I}~~ =Ff w& (tR') CITIZEN'S PETITION I am interested in Goodland becoming a golf cart community. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address / /1 . ;f-y.., .;;, ," /:', "//1,,, / , .1 ~ ',~,.,,':_,'~"S /"" , t-.... _/~. /' . ,/ ~"_\ /1 '""---"'; ,___~~. ,:;/ .<.It I /f/ ?! j /1 r / ,. '-\r;:':.Jv,,_, .~" \, I r""'J"J ',''/ -- (-' ". " ~(,I(, ~ 1/ ,_.~I~' ',', \')'_-"(-.),<-'--- I) .' ,,' i). feJt'> ~1 (j /1/./ /J, In e i/ II II I ' -,~4A //) Y 'IIL/TJ< , '1",-", f,.:JJ-<7 0 ~/I ,/ /.. (:~:> /(/l 'J.. -f;...,4.._ (< ,'_ ~i J.1 f:". C / I. c.t!c ,_ / .-' II . J! ",..if",," j' t.vtt,:r/ rr ~.. r...r ..-f" ,". 'C""...--1' J, '! . .../ '.j._. ,;:"'.-<~/-/\-',j/l- -....., " i j/~"'\ .' ,'A-!' J ,_;-:'~' .'~C! \.," ~L v -./".. t.l" ~7/' 41~'-)C./' 'j' j . IiI, / //' /- f /rA~" {l.! }-" / .. /___d~~/: .1/'(. ..e:/ /'''Lt \; /, ~.......,. ~i '/ PiL hNSr-(.;:.-,M:m~J \ l ) \ /'1\; l " ". t'l> L V ~ \~_, tLf'--dL.<..,L .t.. \':'.' S '114 ~~'~-{J~J2(LI-- '- / e~ " f " ~ ~iX $:( \" P f'I J"), C:." ~ r- , ~-,j.) {, X -.J' ()~? /' ,y / !1 -::;-,..,,-" I l '; e t \ .. "" '...- / ,', ( i:::;: { /-.;; . 7--"--" ;// ';"'-;~ .~---; '- l--.J i-- /'j '(' r-.., -', I" I....f,-) j / i .' '" ~ .............. ./~___, " ", r ,: ,'~ iI," 1/) I ' " ~;,,_;,.(_~';\~,......~ ~'~_~_} , v ,::-r l/t _ , ,--~' i \ r iT t--) !\; 'Z-s y~ ~';, €4' /lA(!~' /1. j / ~ l(j J c;/;;~ If...._u U i I e.:/" l ".:1{f J . 2.{: ;""1" , \ j ~ "--' ~:rA/ yJ' -;,- j.,7r ...... \ ,....-. I" I Ii\ ....-.;L i \'..-1 .I /""- ,J "" I i..____ \toe ( '-.~ -(9 Y/IIJ\b ~~(3 (Cfl. ) CITIZEN'S PETITION I currently own a golf cart. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) /1 . "..' " 7 ~' " ' J" . - ,: .. . .,' " (c. '.' !... ( (l ~ v' ./" " fa .J;/). lllL v' " I t' /- . I "./"1 / r La r-- I .] J /}e-,.. /1 :)~ 7 c- (c?(UIl.J IIJI-( Uebbyf11-ppy, ji? fOC'MUT, lJlu ra TJ,fm1lf1A a}fV t)1;[J to eo )1 LCJ' Ma'(lL 1)ief-errika.1 ei{ Jill CoCOYlJ ~\ 1'\ ~E:.C 'S: ~'P~~S:''4J 5r>~~sn \2i1~~"'~~~- S::\e~e ~::\\ \ ~ I r c. '''. ~ L- c~.. /f Address / JI J' I"~ I IJ _ . o . . dl<~. +/, r "-j /1"'.-; r D\' v ;) t.- "t:::... '\ 4- f)"I,(. . 't"S /\/0 LftS ~f~ l{-Qs- ~) t:S: s ),. 'J- c~ 'C' c::: C> 'f) \ ~ -~.CY"'I f'"'- 4-. . L~ '- -6'~ ("'\'~,' ,~ , y~ " ~~ S r--:-_w"'" ,,- l' ,'') ..- _ . ,.'1 " ",.i. ~- ::7 {" ~. LL' C ,~' . r. /'}.. l/ L' e. /u C-~ YJ1~ C~ 5'11f w (' ~ /;J ~ 51t UI C~Ltj 1~ 4'n}~b ~~l3 ~R) CITIZEN'S PETITION I currently own a golf cart. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. 7'-/5 /'fJLn? /'0/ rv7- l11/I-N, 0 /~ v/C... ~y Cc:>, cc4() l/ ! l-Ju -c \\v"I;(,\v\'1 Sef\-\tw\ i-J () q ~, C';'()n~ hAV\<4 I Name(print) Jc~ M &51\ 0 Yoo'Jyv.f ~ '" . . /, " I ' ~J.._-t- . ~,' ,11: rJ 1\, , ,,~- (//1 ~ r?~~ if( Jri!. 'I/"5 ", ,.XI /':" c#:::- ~C}...t= -C ,. . rJj'..{.1 rt.51....e? ~ f1--tJ\Y Address I 54!.f:, 131. tr' ,/ (/~.> E"e~+ C~ W/L",~~ (\J1N'J f;o ~-4,~. 'f 'E,~ /) ,,{ 3i:< i<fYl v r.J//u-G ~ 3J ~-i1tCU ,-jJ-tt:-L \. iTS Ye5 ,?({S; " \ S f) - \ "'!ee. I' (y ~ r" \Jf S- f -I P t f ~) "--" {..1 Z ::; l1i44 (l/l-5vC;// '1_~..f~ IT\cv- ,--. tllJ "2, t L/ i) t /LJ1 '--/1;. c;' Jt r )(:- _,' f' 1'11'- !"L _ <_ n v -c. . 'b~ ~ J (S 15ft''t. {;'.-<E I . r:::>~y ~. ;Pd~ C4.0G (J J~ L.f 1II1 ~~ ~~) CITIZEN'S PETITION I currently own a golf cart. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) L~i ./) ~.;{// j) / .' ,;;.) '/ .'J I~U/ .,j l-t)Uf'~ I{;") ~ C' '(/~jA1/i-/ J') " .~~~'- ~~~ 4,3j rz ~.~ Ye; /V'fj-NC1 3> I M!/ItJtf5 G:i IJl ffrl/VIltvf-- yo \ Do. \ Q.. ~J\.r,-'~ -\ z Lo c) lP t\ 11'\/\ ~;u ( LtJ ~ e \ ~hv~~ \v~~~~ Co C), pu,)",,,,IAINLJ Yf'S / / is c" .~d e (//X1)1 G '~7 f t1{;. i IV? m>-t 'Ie s- f ~ts() \0 ~~cl J2 (-~o /\ to3 I 2 . P0'~ /IV\ -An ,~ y-(-?~ J?:Jokl // . . . /'/, /J 'I. A/. i"J7.{\:fJP/?,J 7fIVl)E6t:'! 67tf mgl #?e A/ /Yo Address \.1 r:. \. ! ..-. I'\:. ,.--. Co '\t""~'~ \- v' \ \ ,,~,..J) J..... ~. ."'> I (' \ .5 (s;'(\ ". aYC'z.~.-v,-".,:'r . I~' , .' ):> \J je8 If/If 10& #~f3 (Cj(') '= CITIZEN'S PETITION I currently own a golf cart. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address C~ ~f>.'\0e;-5 ~'~-rv.~QC~\~\Y\6\L,\D~) ~-3 e:. S?p~, 11..,\J B \. V e \ i (~0be,.;+ E ~ \\ SS tJItL/.f/J?1 a /t)r f 1l_, ..,.j. /J --') ( /.-E1t!~ )'e '" f.-6'f\ ~ ee fa/;; ~4~ /Ct~-I t.. ~ ~~1--cnJ (I~~td_l ~k~ )5 ,,~f:/ ./ :J.1-C~~\ ,5"38 Co LCA.)j,c:l- /lue Ye .s ::; 3/ c-f1ST (" ()CG~LJj A-tJ'€..- Y Q.s IG9 8~,U~ -2: ~ /-6 G4sr' t/ ~Y~'-" Uz-.2IJ c ,.t? ~ Y ('j )/",,- y\ . '7V S J11fJrvOo ;q-VE, / (>,.J -) t: -- '-:;' c ..-/ ..s 7 ,--~' . ,', / c-- C c.; ( r::'.)1/7 ''7 .4.. y"'" -c..-f t ," /' 1(..(. I P . !i./ . I . ~_,.-':./-''''-" -'I' " fX ,.;; - ')/P ,', " . 1t...,;';;/l..// ..._? ~.~~ ~ I) . /1 ' .7 ./ I /; - 71 ' ('l/)-y~ I~a/l / Crv0 ~ ""./'-0 i S"I{ t fA..! V}JtiT> '75i JJ~.(/.n /~- . yes ./ Y 6: S--. tf 'll! o~ #~B (cfl) CITIZEN'S PETITION I currently own a golf cart. Print your name and address. Residents and property owners only. Indicate yes or no in the margin following your address. Name(print) Address 1"4 '.\ ~~'~ c:.y.j ~.\p, 'i ':.-. ~ .... , ./'1. K:..- 1"'1''''-/'''0 ,"- . , ~)L~J/--- .:..i '-~ c ') ~: ').) \ k\ll.. r..) (:::l U ,A.~-J. 6."1" /, f ) " '{I"'/' ,1.'-' ,f..._ )~ --f) .- /\ [:)C(\ J.Ju1 y j\\r{~ '" r ". ......... " \ .1711 ~~/\ ( '.j, \ \ -_/' \'" ,,/ J _J ----,.._~ 88 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the Collowing as a: Normal legal Advertisement Other: (Display Adv.,location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning ......................................................................................................... Person: Petition No. (lfnone, give brief description): Susan Murray Date: '2/?:. J 0 (0 Petitioner: (Name & Address): BZA x Susan Murray,AICP, Director Collier County Zoning and Land Development Review - 2800 N. Horseshoe Dr Name & Address of any person(s) to be notified by Clerk's Office: Hearing before BCC Other Requested Hearing date: Aorilll. 2006 Based on advertisement appearing ~ days before hearing. Newspaper(s) to be used; (Complete only ifimportant): xxx Naples Daily News Other o Legally Required Proposed Text: (Include le2al descriotion & common location & Size): An Ordinance amending Ordinance 75-11, Carnivals (See Attached Ordinance) Does Petition Fee include advertising cost? xx.. Yes 113-138312-649110 Reviewed by: A:.:::.~ o No If Yes, what account should be charged for advertising costs: \3J~b Date Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings beCore BCC or BZA: Initiating person to complete one coy and obtain Division Head approval beCore submitting to County Manager. Note: If legal document Is involved, be sure that any necessary legal review, or request Cor same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. ......................................................................................................... FOR CLERK'S OFFICE USE ONLY: Date Received: .~ \ \D ~ Date of Public hearing: ttt- \ \-0 ~ate Ad,vertised: 3/2- ~ 1<::::1.0 110- .-,a 88 ORDINANCE NO. 2006-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN1'Y, FLORIDA, AMENDING ORDINANCE NO. 75-11, AS AMENDED, WHICH REGULATES COMMERCIAL CARNIVAlS AND EXBIBlTIONS, IN ORDER TO BETI'E.R. CONFORM TO DEnNlTlONAL SECI'lON 10-26 OF THE CODE OF LAWS AND ORDINANCES; INCREASE THE TIME TO SUBMIT A PERMIT FROM 20 TO 30 DAYS; ALLOW SUBMITI'AL OF A PERMIT APPLICATION TO A DESIGNER OF THE COUNTY MANAGER; CHANGE THE FEE FROM $50.00 TO AN ADOPTED FEE SCHEDULE; DELETE TIm REQUIREMENT FOR SUBMITI'AL OF A SOCIAL SECURfI'Y NUMBER; PROVIDE FOR ADMINISTRATIVE APPROVAL OF A PERMIT; PROVIDE FOR CONFLICI' AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE AN EFFEcTIVE DATE; WHEREAS, on March 8, 1975, the Boare of County Com.missiotlCrsadopted Ordinance No. 75-11, which regulated commercial carnivals and exhibitions, which is codified in Chapter 10, Article II of the Collier County Code of Laws and Ordinances; and WHEREAS, on December 30. 1980, the Board of County Commissioners adopted Ordinance No. 80-114, which llmlmded Ordinance No. 75-11 by adding to the definitions the County Manager; and WHEREAS, !he Board of County Commissioners wishes to allow for the County MlUUlger, or his designee, to administratively process Carnival permits, and to revise the $50.00 fee established in 1975 to an adopted foe schedule, which can be modified from time to time. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SEcrlONONE; Section One of Ordinance No. 75-11, as previously amonded is hereby amended to read as follows: 1. DefinitionL ef a Gmli";lIl.! Carnival Fer j)e)lllH'p8se af this Ordiftll'lee the wePd ..8ilI'fti.'.rel" shall BIIll Be Sefifted B8 any activity whether private or commercial characterized by such activities 88 menageries; a circus, sideshow petfonnances, ferris wheels and other ride activities, food and drink dispensing facilities; booth. for tbe conduct of games of skill and chance; ad freak and similar novelty shows not prohibited by State law to be open to the public for an admission or participation fee. Countv Manatltlr plC8Jl4 the County Manager or his designee. 2. Carnival or Exhibition, Prior Permit Required, Definition: It shall be \U1lawful for any person, finn, corpOration or association to conduct; or allow to be conducted on property he or it controls, has a right to or purports to control; a carnival or exhibition as defined herein without first obtaining a pcrnIit therefore in accordance with thiB Ordinance. AIlPHcation and Fee far Permit. A minimum of WI_Sf (:w) thirty (30) days before oocnpying 1he carnival or exhibition site Ul application for permit aba11 be submitted to the 88 County Manager or bis de8j~f'JIl in four (4) copies accompanied by: a. A su~y bond in the penal sum of $2,500.00, i88UCd by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to, forfeiture under the terms provided in Paragraph & 2 herein below. ' b. Evidence of CUlTCnt public liability insurance coverage, issued by a. company authorized to do bUlincss in Florida. in the minimum amount of $100,000 for anyone penon and $300,000 for my ODe. incident. c. A non-refundable fee ef$:iQ.OO in eccordance with the current ado.,pted fee schedule. d. A current occuplllionalliCCllllC issued by the Collier County Tax Collector, and e. Including the fonowing information: 1) The name and headquarters addross(es) of the carnival or exhibition company(ies) with a direct 01' indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and tbe name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited , to, menageries; circus and side-show performances; amu.sement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be opeD to the public for an admission or participwon fee and number of persons to operate the activities; 3) Naxner llWl identifJCation .ul Becilll s8earity RIIHIher of each person accountable for the operation of each activity; , 4) A desaiption and sketch of the silr: showing the location of each activity proposed. the location and numbec of sanitary facilities; parking facilities, and proVision for lighting and public water; S) Application for Food Establishment Operating. Permit from the County Health Department as required by Ordinance 74-4S; 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition; 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of his premises for such carnival activity. 3. The County Manager or his desianee shall review the application and forward one (1) copy to the Sheriff and one (1) copy to the Health Department for revieW, comment and return within seven (7) C4lendar days to the Dellartment of ZooiD!! and Land Development ~ ta plll8e lIle appli88fi.811 8B the ...~a ef dtll nHt 1'8BHIII' Bi88Hog af the liaaRI af C8IIRfiy Cammi&8i8tlel'll fOl' approval or disapproval. 4. Standards and Approval: 1be Befll'll ef Cat1M)' Ca--'-1i8llllN Conn\.)' Man~ 01' bis des.ienee shall approve or disapprove issue of the pennit based upon the following criteria: a. Health Depanment tentative approval of the sanitary facilities and food service equipment. specified in the application hased upon regulations of the County Health 2 88 Departmenl, iocJuding an application as required in OrdinBDCe74-4S. b. Sboriff's Office review and approvlll of tho. petition including but not limited to the provisions made for traffic and crowd control. A minimum of one (1) person qualified u a polfce officer, sheriff or a Jicensed private investigator of the State of . Florida shall be provided for each five hundred'(SOO) patrons in attendance. Such provision shall be at the expense and cost of the petitioner. c. The availability of a minimum of one (1) parking space for each five (5) patrons. Such parting space shalJ be provided on 'the same propeny on which the carnival. . activities are to be conducted or on contiguous Jands approved by the owner for such use. d. Tbcva1idity of the amet}' bond in the amount of $2,500.00 conditioned upon , complimcc with Ibis Ordinance. e. A permit may be denied for failu~ to comply with any criterion hereinabove. f. Issue of the permit shall authorize the peIllODs listed in the application to engage in the activity indicated therein excluding any violation of Federal, State or Local law. g. Duration of Permit The dUflltion of the permit shaJl, not exceed five (5) calendar days. 6. Duty of the Carnival or Exhibition Opcrator(a), Sponsor(s) and Owner(s)' Bond Forfeiture for Non-Compliance. a. The operators, sponsors and OWDers of the carnival or c;xhibition shall each be cumulatively and severalJy responsible for each person openting ~h activity, complying with each term of this OrdiDADCC, maintaining order at all times and for maintaining the premises free of lIaIh, paper, garbage and debris. b. No ride sbIIlI be placed in operation for pubUc DSC prior to inspection and approval by the County Manager. or his desienee. that the public is protected from po~tial hazards such as broken or expoted belli, gears and switches. c. No food service shall be placed, in operation for public use prior to ilUlpecticin and approval by the County HcaI~ Department lmd the issuance of a permit to operate. d. . Representatives of the Sheriff's Department and any other County official havinJ off'lCial business pertaining to the enforcement of these regulations, shall upon identification of his person, be admitted to the premises and any activity without charge to conduct inspections and asaist the Operator meet his responsibilities under this Ordinance. 7. The County Manager or his de.slpee is authorized to release the surety bond only after verification that the operator has complied with oacb term of this Ordin.ance including the removal of trash and debris from the premises and the restoration of aD sanitary facilities to a condition existing at the time the permit was issuect 8. Waiver of Requiremenm. . Upon recommendation of the County Manager. the Board of County CQItlmissionen may grant a waiver from the requirements of .thl. Ordinance for the issuance of'.a permit to a churcli, eleemosynary, or other non-profit organization. 9. Violations. Penalties and Remedies. Any violation of or deviation from any condition or provision, plan, description or identification or any activity or person of a material misrepresentation in th~, application for a 3 '? permit; or the failure of any pet'lIOIl operatinB any activity aasociated with the camiva,l or exhibition to comply with each provision of this Ordinance. shall be upon written notice from the County grounds for i1lllllCdiate revocation of the oceupational.liconse and cessation of the activities and for the forfeiture of the $2,500.00 penal bond required hereinabove after hearing . by the Cowity Court in addition to any other'rCmedy or penalty provided by law. Each violation ilhall constitute a separate offense. SECTION TWO. CONFLICT AND SHVEIlABILITY. In the event this Ordinance conflicts with any other Ordinan~ of Col1ler County or other applicable la.w. the more restrictive shall apply. If any phrase or Portion of this Ordinance is held invalid or unconstitutional by any court of compctcrit jurisdiction, such portion shall be deemed a separate, diadnct, and independent provision and BUch holding shall not affect the validity of the remaining po11ions. SHcrION THREH. INCLUSION IN CODB OF LAWS AND ORDINANCES. 'The provisions of thil! Ordinance shall be made a part of the Code of Laws and OrdinatlCeS of Collier County, Florida. The sectiOOll of the Ordinances may be renumbered or re- lettered and internal cross-references amended throughout to accomplish such and the word "ordinanco" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECI'lVEDATE. This Ordinance shaD. be effective subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of . 2006. ATl'BST. l)wightE.Brock,C~k BOARD OF COUNTY COMMISSIONERS OF eOrLIER COUNTY, FLORIDA By: By: FRANK HALAS, Ch.airman , Deputy Clerk 4 ~;, 88 March 10,2006 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 75-11, Carnivals Dear Legals: Please advertise the above referenced notice on Sunday, March 26, 2006 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, I DC_ P.O./Account# 113-138312-649110 88 88 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 11, 2006, 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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.75-11, AS AMENDED, WHICH REGULATES COMMERCIAL CARNIVALS AND EXHIBITIONS, IN ORDER TO BETTER CONFORM TO DEFINITIONAL SECTION 10-26 OF THE CODE OF LAWS AND ORDINANCES; INCREASE THE TIME TO SUBMIT A PERMIT FROM 20 TO 30 DAYS; ALLOW SUBMITTAL OF A PERMIT APPLICATION TO A DESIGNEE OF THE COUNTY MANAGER; CHANGE THE FEE FROM $50.00 TO AN ADOPTED FEE SCHEDULE; DELETE THE REQUIREMENT FOR SUBMITTAL OF A SOCIAL SECURITY NUMBER; PROVIDE FOR ADMINISTRATIVE APPROVAL OF A PERMIT; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE 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. 88 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, CHAIRMAN DWIGHT E. BROCK, CLERK By: II Teresa Dillard, Deputy Clerk (SEAL) Teresa L. Dillard 88 To: Subject: legals@naplesnews.com Carnival Amendment Attachments: ORD.AMEND.ORD.75-11, Carnivals,doc; ORD. AMEND. Carnivals.doc Please advertise the attached on Sunday March 26, 2006. Thanks Teresa 732-2646 ext 7240 ~ ~ ORD.AMEND.ORD. ORD. AMEND. 75-11, Carnivals... Carnivals. doc (27 ... 1 Teresa L. Dillard 88 From: Sent: To: Subject: ClerkPostmaster Monday, March 13, 2006 8:53 AM Teresa L. Dillard Delivery Status Notification (Relay) Attachments: ATT1956000.txt; Carnival Amendment '~,.,,"""'" ..=....~ ,- B' ' '<, '" "'"^--,'" ATT1956000.txt (231 B) Carnival Amendment 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 Teresa L. Dillard 88 From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Monday, March 13, 2006 8:53 AM Teresa L. Dillard Delivered: Carnival Amendment Attachments: Carnival Amendment [2],--- !""~// j Carnival Amendment <<Carnival Amendment>> Your message To: legals@naplesnews.com Subject: Carnival Amendment Sent: Man, 13 Mar 2006 08:52:33 -0500 was delivered to the following recipient(s): legals on Man, 13 Mar 2006 08:52:42 -0500 1 Carnival Amendment Teresa L. Dillard From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Monday, March 13,20068:59 AM To: Teresa L. Dillard Subject: RE: Carnival Amendment OK -----Original Message----- From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collier.fl.us] Sent: Monday, March 13, 20068:53 AM To: legals@naplesnews.com Subject: Carnival Amendment Please advertise the attached on Sunday March 26, 2006. Thanks Teresa 732-2646 ext 7240 <<ORD.AMEND.ORD.75-11, Carnivals.doc>> <<ORD. AMEND. Carnivals.doc>> 3/13/2006 ._,._ ___M'__~'_"<.~,_~_.,__ "_'<_"_~"_'__'___'_____'_~"""_"_'"'~_~'''.''_''~'*'''_;.,._____.~_~.~._.._._" _~__ Page 1 of 1 88 o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue March 26th, 2006 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; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the s~apeL ;7. ( Signature of affiant) Sworn to and subscribed before me This March 27th, 2006 -.1,/? /' .-/1- './ {J (c<J.b.:.f>", ignature of notary public) ""'~'~"'" Harrletl Bushon'} ."y-...!J.", 23466' IRE" .~?-~,. ":~~ MY COMMISSION # DD 1 ' ~:. :.~ July 24, 2007 'o~;. ..~:;-".,. ""ND'DTHR1, TPny F.AIN INSIIRANCE.INC f' :;.-' 'n~)':. '.t!.. ~ " NOTICE OF INTENT TO ~~NSIOER ORDINANCE Notice Is hereby given that on Tuesday April 11, 2006. In the Board. room. 3rd floor, Admin. ",stratlon Building. Col. er County Government Center. 3301 East Tamla. tmh' Trail. N~les. Florida. e Board of County ClodmmlsslonerswlII con. s er the enactment of a COllnt)' Ordinance The meeting wilt com: me,2cef athet 9:Q1l MA. The -r 0., Pl'OP9sec:/ Or. dlfl~ce Is as follows: ANA <ORDINANCE Of THE BO RD OF COU,NTY CCQo L MISSI.ONERS Of LIER COUNTY ~F6~~~~CEA ~5~~! ~1G: REG~~rfsE~. WHICH CIAL CARNIV~t~~~'b EXHIBITIONS. IN ORDER TO,' SETTERcnM.lit8M tlafEt'!1TIONAL "SE~. o ", Lltvs ()II TIff: rER~ N~NCES: IN THE T''''E TO SUA PER. MIT FROM 20 TO 30 ~t., '.SO:.FAA' L~ SUJlMIT. "" ......M/T APPU, OCAF!T'ON TO A DESIGNEE , HE COUNTY MAN. AGER; CHANGE THE FEE FR~. M $50.00 TO AN A PTED FEE SCHED. QUlUR; DELETE THE RE. MI' AEMENT FOR SUS. L OF A SOCIAL Sli. ClIfflTY NUMBER; PRO. TV,'Df FOR ADMINISTRA. V,! APPROVAL OF A pM~IT; PROVIDE FOR i~IW-'CT AND S1cVERA. CL\tSlb~R?~'~~E O!o~ OF LAWS AND 0101. ANANCE!i., AND PROVIDE N EFfI", , IVE DATt OcoPlesof tile propoed rOlnance are on nle with t.he Clerk to the fBoard ~. .. available or4 n$j)eCtlon. All 'Inter- ested Plrtlesare InvIted to attend and be heard. NOTE: All J!ersons wlsf'llng to spe,ik on any ~r~<1!...~ must regls. ...." me COlIQty ad. mlrll..strator prIor to pre. ~en'tatlon of the agenda Item to be addressed b,nctW'duaLHleakers wHi e' "mlt.a ~~-='''t on a- ,.... ''''''.' "es I .." ...m. selec. t On of an Individual to s~ak on behalf of an organ.lntlon or llroup Is enoouralled.' If recog. nlzed W the Chairman a 'sPOkesperson for Ii group or organization mlly be a"o~ed 10 min. utes to speaklln an item. ' "1l 8B Persons Wishing to have written or graphic materials Inclulled In the BoNd ~pac!<' ets mltst submit salG m.terlal a mlnlml:ll'll of 3 weeks prior to the reo spectlve publiC hearing. In any case. written ma. terlals Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum (If sev. en days prior to thel pUblic hearing; All ma.: terlal used In presenta'i tlons before the Board i will become a perma. nent part of the record. Any person who decld. es to appeal a decision i of the Board will need a record of the proceed.' Ings pertainIng thereto and therefore. may need to ensure that a! verbatim record of the proceedings Is made. which record Incl udes the testImony and evl. dence upon whIch the appeal is b,ased. BOARD OF COUNTY COMMISSIONERS COlliER COUNTY. FLORI. DA Frank Halas. CHAIRMAN DWIGHT E. BROCK, CLERK By: II Teresa Dillard, Deputy Clerk (SEAL) Mar. 26 NO. 1343845 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . ,.. Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and!or information needed, Ifthe document is already complete with the exceotion of the Chairman's signature, draw a line throul!h routin~ lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin~ order) I.Connie Johnson CDES Administration 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC otftce only after the BCC has acted to approve the item, Name of Primary Staff Ross Gochenaur Contact Agenda Date Item was April 11, 2006 A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Ordinance Number of Original Documents Attached 213-2911 17C tf2Jo -' l 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw re of our deadlines! The document was approved by the BCC on II 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. t6 ~ -- f..G f-& I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 224,05 ~t1 ORDINANCE NO. 2006- ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 75-11, AS AMENDED, WHICH REGULATES COMMERCIAL CARNIVALS AND EXHIBITIONS, AND IS CODIFIED IN CHAPTER 10, ARTICLE 11, OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, IN ORDER TO INCREASE THE MINIMUM TIME TO SUBMIT A PERMIT APPLICATION FROM 20 TO 30 DAYS; ALLOW SUBMITTAL OF A PERMIT APPLICATION TO A DESIGNEE OF THE COUNTY MANAGER; CHANGE THE FEE FROM $200.00 TO AN ADOPTED FEE SCHEDULE; DELETE THE REQUIREMENT FOR SUBMITTAL OF A SOCIAL SECURITY NUMBER; PROVIDE FOR ADMINISTRA TIVE APPROVAL OF A PERMIT; PROVIDE FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDE AN EFFECTIVE DATE. WHEREAS, on March 8, 1975, the Board of County Commissioners (Board) adopted Ordinance No. 75-11, which regulates commercial carnivals and exhibitions and is codified in Chapter 10, Article II of the Collier County Code of Laws and Ordinances; and WHEREAS, on December 30, 1980, the Board adopted Ordinance No. 80-114, amending Ordinance No. 75-11 by adding "County Manager" to the definitions; and WHEREAS, on November 9, 1982, the Board adopted Ordinance No. 82-111, further amending Ordinance No. 75-11, as amended, by providing for inspections of carnival and circus rides by the County Manager's designee and waivers of requirements for permits by the Board of County Commissioners; and WHEREAS, on February 22, 1983, the Board adopted Ordinance No. 83-6, further amending Ordinance No. 75-11, as amended, increasing the permit fee from $50.00 to $200.00, which would be applied to: 1) permit processing; 2) fire and safety inspections; and 3) electrical and structural inspections; and WHEREAS, the Board wishes to further amend Ordinance No. 75-11, as amended, in order to increase the minimum time to submit a permit application from 20 to 30 days, allow submittal of a permit application to a designee of the County Manager, change the fee from $200.00 to an adopted fee schedule, delete the requirement for submittal of a social security number, and provide for administrative approval of a permit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section One of Ordinance No. 75-11, as amended, is hereby amended to read as follows: 1. Definitions: Carnival means any activity whether private or commercial characterized by such activities as menageries; a circus, sideshow performances, ferris wheels and other ride activities, food and drink dispensing facilities; booths for the conduct of games of skill and chance; and freak and similar novelty shows not prohibited by State law to be open to the public for an admission or participation fee. County Manager means the County Manager or his designee. Underlined text is added; Strllek tllrellgfl text is deleted Page 1 of 5 88 2. Carnival or Exhibition, Prior Permit Required, Definition. It shall be unlawful for any person, firm, corporation or association to conduct; or allow to be conducted on property he or it controls, has a right to or purports to control; a carnival or exhibition as defined herein without first obtaining a permit therefore in accordance with this Ordinance. 3. Application and Fee for Permit. A minimum of t'Nenty 20 thirty (30) days before occupying the carnival or exhibition site an application for a permit shall be submitted to the County Manager or his designee in four (4) copies accompanied by: a. A surety bond in the penal sum of $2,500.00, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8- 10 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for anyone person and $300,000 for anyone incident. c. A non-refundable fee of $200.00 III accordance with the current adopted fee schedule for the following. 1) Permit Processing 2) Fire and Safety Inspections; and 3) Electrical and Structural Inspections d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters addressees) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and addressees) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, and identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45; 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition; 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of his premises for such carnival activity. Underlined text is added; Strllek threllgh text is deleted Page 2 of 5 ,11 f). .. i' f 4. Except as set forth below, +lhe County Manager or his designee shall review the application and forward one (1) copy to the Sheriff and one (1) copy to the Health Department for review, comment and return within seven (7) calendar days to the Department of Zoning and Land Development Review to place the application on the Agenda of the next regular meeting of the Board of County Commissioners for approval or disapproval. ~ Administrative Approval a. Previouslv-aooroved events: Instead of placing the application on the Agenda, the County Manager or his designee may, in their discretion, administratively approve (but not disapprove) any application for a carnival permit where the event being applied for ("proposed event") is substantially identical to an event for which the Board of County Commissioners ("Board") previously approved a permit application ("BCC- approved event"). b. Basis of Staff determination: In making the determination whether an application for a proposed event is substantially identical to a BCC-approved event, the County Manager or his designee shall consider the characteristics of the proposed event as compared to the prior BCC-approved event. including but not limited to the event description; event title; identity of event sponsor(s) and/or permit applicant(s); event date, time and location; recency of the prior BCC-approved event; the compatibility of the proposed event with surrounding land uses; and the potential for unanticipated impacts of the proposed event on surrounding areas. Any uncertainty as to whether or not permit approval can be administratively approved shall be resolved in favor of Board review. 6. ~ Standards and Approval: The Board of County Commissioners shall approve or disapprove issl:le of the Approval or disapproval of the permit shall be based upon the following criteria: a. Health Department tentative approval of the sanitary facilities and food service equipment specified in the application based upon regulations of the County Health Department, including an application as required in Ordinance 74-45. b. Sheriff's Office review and approval of the petition including but not limited to the provisions made for traffic and crowd control. A minimum of one person qualified as a police officer, sheriff or a licensed private investigator of the State of Florida shall be provided for each five hundred (500) patrons in attendance. Such provision shall be at the expense and cost of the petitioner. c. The availability of a minimum of one (1) parking space for each five (5) patrons. Such parking space shall be provided on the same property on which the carnival activities are to be conducted or on contiguous lands approved by the owner for such use. d. The validity of the surety bond in the amount of $2,500.00 conditioned upon compliance with this Ordinance. e. A permit may be denied for failure to comply with any criterion hereinabove. f. Issue of the permit shall authorize the persons listed in the application to engage in the activity indicated therein excluding any violation of Federal, State or Local law. g. Duration of Permit. The duration of the permit shall not exceed five (5) calendar days. 1.6 Duty of the Carnival or Exhibition Operator(s), Sponsor(s) and Owner(s)' Bond Forfeiture for Non-Compliance. a. The operators, sponsors and owners of the carnival or exhibition shall each be cumulatively and severally responsible for each person operating each activity, Underlined text is added; Struek thrsHgh text is deleted Page 3 of 5 f !3 E complying with each term of this Ordinance, maintaining order at all times and for maintaining the premises free of trash, paper, garbage and debris. b. No ride shall be placed in operation for public use prior to inspection and approval by the County Manager, or his designated represoRtative or his designee that the public is protected from potential hazards such as broken or exposed belts, gears and switches. c. No food service shall be placed in operation for public use prior to inspection and approval by the County Health Department and the issuance of a permit to operate. d. Representatives of the Sheriff's Department and any other County official having official business pertaining to the enforcement of these regulations, shall upon identification of his person, be admitted to the premises and any activity without charge to conduct inspections and assist the Operator meet his responsibilities under this Ordinance. B.. +- The County Manager or his designee is authorized to release the surety bond only after verification that the operator has complied with each term of this Ordinance including the removal of trash and debris from the premises and the restoration of all sanitary facilities to a condition existing at the time the permit was issued. 2.-U}- Waiver of Requirements. Upon recommendation of the County Manager, the Board of County Commissioners may waive any requirement of this article for the issuance of a permit to a church, eleemosynary, or other nonprofit organization. However, nothing contained herein shall be construed as permitting the board of county commissioners to waive occupational license requirement pursuant to Ordinance 81-42. 10. 9 Violations, Penalties and Remedies. Any violation of or deviation from any condition or proVIsIon, plan, description or identification or any activity or person of a material misrepresentation in the application for a permit; or the failure of any person operating any activity associated with the carnival or exhibition to comply with each provision of this Ordinance, shall be upon written notice from the County grounds for immediate revocation of the occupational license and cessation of the activities and for the forfeiture of the $2,500.00 penal bond required hereinabove after hearing by the County Court in addition to any other remedy or penalty provided by law. Each violation shall constitute a separate offense. 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 portions. SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-lettered and internal cross-references amended throughout to accomplish such and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Underlined text is added; StFUek thrElugh text is deleted Page 4 of 5 SECTION FOUR. EFFECTIVE DATE. (> (.-.:. \... This Ordinance shall be effective subject to filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this K day of Apr;{ ,2006. ,.."",.,.,;, ATTESt'~. ..._., .... Dwig~i{'J}rock::ci~ . .~: '., \ j' :.; ~ ".j. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ...s;:-"<:::~./. FRANK HALAS, Chairman Underlined text is added; Struek thFellgk text is deleted Page 5 of 5 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 2006-16 (Replacement/Revised) Which was adopted by the Board of County Commissioners on the 11th day of April, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of April, 2006. DWIGHT E. BROCK ~ ~ , ~ . > Clerk of Courts and tler~' Ex-officio to Board of ' County Commissioners -' f ~" 0\ .~ ~. ., (. .'< C " &L.' - ,leU .' ,', J,.'KOC B: Heidi R. Rockholdj .' Deputy Clerk 9A "'" 'i MEMORANDUM DATE: April 24, 2006 TO: Kay Nell, CLA County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2006-87 Resolution 2006-88 Resolution 2006-89 Resolution 2006-90 Resolution 2006-91 Enclosed please find one (I) copy of the documents, as referenced above (Agenda Item #9A, #9B, #9C, #9D, and #9E) approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures 9A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Olllce, The completed routing slip ,md original documents are to be forwarded to the Board Olllce only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates. and/or information needed, If the document is already complete with the . f Ch' d r tl I 'r # h I #4 I d exceptIOn 0 tlle aIrman's signature, raw a me lTougn routmg mes It mugl , comp ete the checklist, and forwar to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2, 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees ahove. including Suc Filson, nccd to contact statffor additional or missing intormation, All original documents needing thc BCC Chairman's signature arc to be delivered to the BCe ot1ice only aftcr the BCC has acted to approve the item,) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was April 11, 2006 Agenda Item Number 9A Approved by the BCC Type of Document Resolution 2 675lo -1)') Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a Iicable. Yes (Initial) N/ A (Not A licable) 2. 3. 4, 5. 6, G9 N/A (!} I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9J13JJ4. Revised 126,05. Revised 224,05 RESOLUTION NO. 2006-87 9A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE WHEREAS, on March 10, 1992, the Board of County Commissioners of Collier County adopted Ordinance No. 92-16 which created the Forest lakes Roadway and Drainage Advisory Committee for the purpose of assisting the Board in providing and maintaining improved roadway related drainage and roadway restoration as set forth in County Ordinance No. 91-107; and WHEREAS, Ordinance No. 92-16 provides that the Committee shall be composed of 5 members; and WHEREAS, the terms of two (2) members will expire creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, a memorandum was received from staff advising that the Committee has made its recommendations for reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Robert H. Jones is hereby reappointed to the Forest lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2010. 2. Virginia M. Donovan is hereby reappointed to the Forest lakes Roadway and Drainage Advisory Committee for a 4 year term, said term to expire on April 21, 2010. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Robert H. Jones to this Committee. This Resolution adopted after motion, second and majority vote. DATED: April 11, 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ ,[){J By: ~~........ FRANK HALAS, Chairman :>.: _. .. ,':D~u~C1et \~"~ At~st:"I' to~. trun , ....~ Oft.~; : , . ,.....,. ',' ' , ,":" '- .;., ~}lj_, '_'r..'-', . ," Approv~(t~5, tQ. f6tm"'irnd legal suffiCre~~';~".. Item# q A- Agenda 4 -} l_N - Date ~ ~:t~d 4 - 2 ~ -ifD at {/fhA. v;1~ Ch,,1- 1J.N1I C-i ~_ -Po-./" David C. Weigel County Attorney 98 MEMORANDUM DATE: April 24, 2006 TO: Kay Nell, CLA County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2006-87 Resolution 2006-88 Resolution 2006-89 Resolution 2006-90 Resolution 2006-91 Enclosed please find one (I) copy of the documents, as referenced above (Agenda Item #9A, #9B, #9C, #9D, and #9E) approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BeC oftice only atler the BCe has acted to approve the item,) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Extension 8400 9B Yes ( Initial) N/A (Not A licable) Resolution 2 -~ Number of Original Documents Attached /\7'. (J>! N/A @ I: Forms/ County Forms/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2,24,05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. RESOLUTION NO. 2006-88 98 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY TO APPOINT E. GLENN TUCKER 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, there is currently a vacancy on this Committee for City of Marco Island representative; and WHEREAS, the Marco Island City Council 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 E. Glenn Tucker meets the prerequisites for appointment and is hereby confirmed and appointed to the Collier County Coastal Advisory Committee to fulfill the remainder of the vacant term, said term to expire on May 22, 2007. This Resolution adopted after motion, second and majority vote. DATED: April 11, 2006 ATTEST: DWIGHL..E. ;OO,(i}CK, Clerk />'.:,J.~ .... v. -'~':':::.' v. fr~. "\. -,,, . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~. - '<:',Q~pdty:~er. ",:' Att'f41lJu~~.'fr'IIIA , s ignaturl. JSii 1 ~ It By: -~-;;J~ FRANK HALAS, Chairman Approved as to form and legal sufficiency: ~I ~v David C. Weigel County Attorney ;J;f {)o,J 13~ c "7i.. ~. DATE: TO: FROM: RE: MEMORANDUM April 24, 2006 Kay Nell, CLA County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2006-87 Resolution 2006-88 Resolution 2006-89 Resolution 2006-90 Resolution 2006-91 Enclosed please find one (1) copy of the documents, as referenced above (Agenda Item #9A, #9B, #9C, #9D, and #9E) approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures 9C '..' 9C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pmk paper. Attach to original document Original documents should be hand delivered to the Board Oflice, The completed routing slip and original documents are to be forwarded to the Board Oflice only after the Buard has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5t Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC otlice only after the BCC has acted to approve the item, Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Agenda Item Number Extension 8400 9C Yes (Initial) N/A (Not A Iicable) Phone Number Resolution cQDO~ - {~ Number of Original Documents Attached (l,i N/A ~, /K, 4/ I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 126,05. Revised 2.24,05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office with in 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. 2. 3. 4. 5. 6. 9C RESOLUTION NO. 2006-89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, TO REAPPOINT HELEN CARELLA TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 97-52 created and established the Radio Road Beautification Advisory Committee and provides that the Committee shall be composed of five (5) members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Committee has provided the Board of County Commissioners with its recommendation for reappointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Helen Carella is hereby reappointed to the Radio Road Beautification Advisory Committee for a 4 year term, said term to expire on March 3, 2010. This Resolution adopted after motion, second and majority vote. DATED: April 11, 2006 ATTEST: _ .;' " DWIGHTJt)'$ROC~I'.'C1erk ~{)'~ . ~ -> ~,\ ~.\;"~., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ - DeputY>Cter~':,,:,'>" . .....""'t! ~ ;"-\ ~,...... , ~ttest &I W'Ch., run , I t"'lturt Oft 1 II By: ~~O_ FRANK HALAS, Chairman Approved as to form and legal sufficiency: tot V#./fA ~/V# (h,/ ~4" L~. !fnt David C. Weigel County Attorney Item # qc. ~~~da 'y--1/ iJ~ ~:~~d ~ -2~~ ~~~O,X DATE: TO: FROM: RE: MEMORANDUM April 24, 2006 Kay Nell, CLA County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2006-87 Resolution 2006-88 Resolution 2006-89 Resolution 2006-90 Resolution 2006-91 Enclosed please find one (I) copy of the documents, as referenced above (Agenda Item #9A, #9B, #9C, #9D, and #9E) approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures 9D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9.. D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be h,md delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routinE! lines # I through #4, comolete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event onc of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be dclivered to the BCC otlke only aftcr the BCC has acted to approve the item,) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was April II, 2006 Agenda Item Number 9D Approved bv the BCC Type of Document Resolution ~ctio SiO Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final neootiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. /?\ --::I N/A 0b; ~) I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 126,05, Revised 224.05 90 ,",;'-1<1 RESOLUTION NO. 2006-90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT LARRY GREENBERG TO THE ANIMAL SERVICES ADVISORY BOARD. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Collier County Ordinance No. 2004-06, establishing the Animal Services Advisory Board; and WHEREAS, Ordinance No. 2004-06 provides that the Animal Services Advisory Board shall consist of seven (7) members that include, but are not limited to a Collier County Humane Society representative, a veterinarian or veterinarian technician, a law enforcement representative, a citizen in the pet retail, boarding or grooming industry, a representative from an animal rights group based in Collier County, and two citizens at large; 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 COUNlY COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that Larry Greenberg is hereby appointed to the Animal Services Advisory Board for a 4 year term, said term to expire on April 13, 2010. This Resolution adopted after motion, second and majority vote. DATED: April 11, 2006 ATTEST;".',' i~:','.", , ,-.. \,<' .. ....... ." DWIGM-tE:"'BRdC.K;,C1erk ",_",). 0- -...,.m ..p. .. [C BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA By: ~~.... FRANK HALAS, Chairman Approved as to form and legal sufficiency: vJ1v, {,/ I~ r:./ David C. Weigel f County Attorney [A,t!- ()~ ~ c~. Item # q'[) Agenda If _(I_II Date J..::!..I..:!J. Date I f ~d trf" Rec'd ~ ~ 9E MEMORANDUM DA TE: April 24, 2006 TO: Kay Nell, CLA County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution 2006-87 Resolution 2006-88 Resolution 2006-89 Resolution 2006-90 Resolution 2006-91 Enclosed please find one (I) copy of the documents, as referenced above (Agenda Item #9A, #9B, #9C, #9D, and #9E) approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documcnts should be hand delivered to the Board Omee, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP 9E Complete routing lines # I through #4 as appropriate lor additional signatures, dates, and/or inlormation needed, If the document is already complete with the exceution of the Chairman's signature, draw a line throu!!h routing lines #1 through #4. comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee oftice only after the Bee has acted to approve the item,) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was April 11, 2006 Agenda Item Number 9E Approved by the BCC Type of Document Resolution c:Qctlo -ql Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through .and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature I ine date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/ A (Not A Iicable) 2. 3. 4. 5. 6. (y N/A 6J I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04. Revised 126,05, Revised 2,24,05 " ". ,""' 'n"",_",_,,~". ,."". ,..'..~ ,.,__,......,...'" ^" ",' ,..""~"....,~,~'_.~.."'...,,. 9E RESOLUTION NO. 2006-91 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, TO APPOINT OF MEMBERS TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92-18, as amended, created the Tourist Development Council and provides that the Council shall be composed of nine (9) voting members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, there is currently a vacancy and the term of one member will expire creating a total of two (2) vacancies on this Council in the Owner/Operator category; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Tourist Development Council has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Edward R. Olesky, representing the category of Owner/Operator, is hereby appointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2010. 2. Rick Medwedeff, representing the category of Owner/Operator, is hereby appointed to the Tourist Development Council to fulfill the remainder of the vacant term, said term to expire on April 21, 2008. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Five D. of Ordinance No. 2001-55, relating to a limitation of service to two committees simultaneously, for the purpose of appointing Edward R. Olesky to this Council. This Resolution adopted after motion, second and majority vote. DATED: April 11, 2006 I"'" ',. A TTEST~"' ,':' ': " DW~Gt1:f'~E:J3R(1E~;'.Clerk ~''''J. . "" . . .~:~ -l'"."-., _,0-', BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~. - -'.. '.., ., ~/-~ By: --- ~~ FRANK HALAS, Chairman . #' _ f J! . . .. '" ,. ..~... , Attesti] ii~ f.( 1 run , 119ft.tri OC'1" Approved as to form and legal sufficiency: l/l111 vvl~ [;,,'/- ~ ~ David C. Weigel L "t1. ~. County Attorney Item # gE- L{ -{ ! -fJ~ Agenda Date ~~~d ~0 PROCLAMA TION 96 WHEREAS, thirty years ago the United States Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county role in stewardship of our public lands and the federal governments responsibility to pay its fair share of the cost: and, WHEREAS, Collier County received $738,570 in PIL T from the United States Department of the Interior last year for federal acreage within Collier County: and, WHEREAS, PIL T funding was increased by about three percent (3%), to $233 million for this year, which is up from $227 mIllion last year: and, WHEREAS, President Bush has proposed a fifteen percent (15%) reduction to PIL T for 2007: and, 0 WHEREAS, the Board of Cou. in PIL T fun negative WHEREAS, 'S recognizes that any reduction lIier County and have a WHEREAS, lanning a special to show support WHEREAS, n their and, WHEREAS, ize and rts to protect ~Cos efforts to Y funding by conducting on AprIl 25 and 26th. . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 25 and 26, 2006, be designated as Payment In L.ieu Of Taxes 3dh Anniversary Recognition Days DONE AND ORDERED THIS 11th Day of April, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '7ff~~ ttBANK HALAS, CHAIRMAN A~ .' .!~ DWIGHT E. BROCK, CLERK . .... ,~{j)~ / ';'::0:1;- '\..,.... (I.~'~""'" ,- .~. ...: ~ ... ( F.:. l' -'. .,.(.-. ~"- ~ :;. . ...' ...' .' 0' . . ,. ~ .. ;.... ~~.:... -!'!:. "" ....- "" , ~.. "':'~ ,ki).: ' ,~- tJ, <1J:' ~;., - . .... { f....... '-." Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJomd o/~~ ~oumty ~~ 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 April 11, 2006 COpy Dr. Paul Beddoe Associate Legislative Director NACo 440 First St. NW Washington, D.C. 20001 Subject: PIL T Proclamation Dear Dr. Beddoe: On April 11, 2006 the Collier County Board of Commissioners read and approved the enclosed Proclamation expressing our support of PIL T funding, opposing any reduction of funding for the year 2007 and encouraging an increase in funding to cover inflation. This was done in lieu of providing a county official to attend your PIL T 30th Anniversary Fly-In on April 25-26. It is my hope that you will carry our proclamation with you to Capitol Hill. Per your suggestion, we are forwarding copies of this proclamation to our Congressional representatives also. Thank you for overseeing and protecting County Government; when it comes to this, and other important legislation, your services are vital. Sincerely, V~~0 c~~~d____/ / {/"" / Frank Halas, Chairman Commissioner, District 2 FH: nkr Enc: PIL T Proclamation PROCLAMA TION 9G WHEREAS, thirty years ago the United States Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county role in stewardship of our public lands and the federal governments responsibl'lity to pay its fair share of the cost: and, WHEREAS, Collier County received $738,570 in PIL T from the United States Department of the Interior last year for federal acreage within Collier County: and, WHEREAS, PIL T funding was increased by about three percent (3%), to $233 ml'l/ion for this year, which is up from $227 mJ'llion last year: and, WHEREAS, President Bush has proposed a fifteen percent (15%) reduction to PIL T for 2007: and, " WHEREAS, the Board of Cou. in PIL T fun negativ~ 'S recognizes that any reduction llier County and have a WHEREAS, lanning a special to show support WHEREAS, n their and, WHEREAS, ize and rts to protect WHEREAS, :4Cos efforts to fundIng by conductIng on AprJ'l 25 and 26th. . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, F/orida, that Aprl'l 25 and 26, 2006, be designated as Payment In Lieu Of Taxes 3{/h Anniversary Recognition Days DONE AND ORDERED THIS 11 th Day of Aprl'l, 2006 A~ . .~. ce~ DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ e!!ANK HALAS,. CHAIRMAN ",.~;;o>ol"" .~~, .. .... "";t'; I ,:~,'...~ ,-~~~~~~,-~..L~ :;- '", _~i7" "- "<.;l '". .~ .,~ ~~I 1'1' .<'4 , ~"', ".'~.~ ,~ ,,~.'t t.. s..... 'cl'\="': ", :;.. ~,. ,-. .......7-." ,!~_. .....,~ t.:.' /:~'. ~ ':,w", ',' ~~ .~~ ~;.::.,~. - "'" ' ,,'" " ~"~t~ Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJowd o/~~ ~ownq; ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 April 11, 2006 c The Honorable Connie Mack United States Congressman 3301 E. Tamiami Trail Ste. 105 Naples, FL 34112 Subject: Payment in Lieu of Taxes (PIL T) Act Funding Dear Congressman Mack: Thirty years ago Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county's role in stewardship of our public lands and the federal government's responsibility to pay its fair share of the cost. PIL T was increased by about three percent, to $233 million for this year. This is up from $227 million last year. Disappointingly, however, I have been informed through NACo representatives that President Bush has proposed a fifteen percent reduction to PIL T for 2007. We cannot let this happen. To that end, I feel it is important that you know Collier County's stance on this. On April 11, 2006 the Board of County Commissioners read and approved the enclosed proclamation which expresses our objection to reducing the funding for PILT in 2007. It is Collier County's hope that you will take our objection to Capitol Hill and reject any budget reduction of PIL T funding for 2007 and possibly find a way to increase it to cover inflation. Thank you for your consideration of our request. ( FH: nkr Enc: PIL T Proclamation PROCLAMA TION '1G WHEREAS, thirty years ago the United States Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county role in stewardship of our public lands and the federal go vernment's responsibility to pay its fair share of the cost,' ane!, WHEREAS, Collier County received $738,570 in PIL T from the United States Department of the Interior last year for federal acreage. within Collier County,' ane!, WHEREAS, PIL T funding was increased by about three percent (3%), to $233 ml'llion for this year, which is up from $227 million last year,' ane!, WHEREAS, President Bush has proposed a fifteen percent (15%) reduction to PIL T for 2007,' ancl, " WHEREAS, the Board of Co in PIL T fun negative recognizes that any reduction llier County and have a WHEREAS, lanning a special to show support WHEREAS, i7 their ane!, WHEREAS, /ze and rts to protect WHEREAS, ~Co's efforts to funding by conducting on Apr1'l 25 and 26th. . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Aprl'l 25 and 26, 2006, be designated as , Payment In lieu Of Taxes 3C1h Anniversary Recognition Days DONE AND ORDERED THIS 11 th Day of Aprl'l, 2006 A~ . " <!~. DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~~ tfBANK HALAS;- CHAIRMAN ;~~~5f~~.,;:;_~ ~."C (l({~~Y., .~'1/~:- ,~ ~~ " ~.. ~ "!.'~'l.~. ,. =. . ~~.' '\:~~ I. ....' ....~.' ~~~ ~ - "~i' l!:> ~- .1"" .. ,,~. ~~~>,~.~~:~f:~~~~ Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Pl3oan1 o/~~ ~owdJI ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097 . Fax (239) 774-3602 April 11, 2006 COpy The Honorable Mario Diaz- Balart United States Congressman 4715 Golden Gate Pkwy. #1 Naples, FL 34116 Subject: Payment in Lieu of Taxes (PIL T) Act Funding Dear Congressman Diaz- Balart: Thirty years ago Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county's role in stewardship of our public lands and the federal government's responsibility to pay its fair share ofthe cost. PIL T was increased by about three percent, to $233 million for this year. This is up from $227 million last year. Disappointingly, however, I have been informed through NACo representatives that President Bush has proposed a fifteen percent reduction to PIL T for 2007. We cannot let this happen. To that end, I feel it is important that you know Collier County's stance on this. On April 11, 2006 the Board of County Commissioners read and approved the enclosed proclamation which expresses our objection to reducing the funding for PIL Tin 2007. It is Collier County's hope that you will take our objection to Capitol Hill and reject any budget reduction of PIL T funding for 2007 and possibly find a way to increase it to cover inflation. Thank you for your consideration of our request. ~Sincerel.y, ~J. 2./ " - -7. / .-/ --7~~~d-&q-.~./ / / Frank Halas, Chairman Commissioner, District 2 FH: nkr Ene: PIL T Proclamation PROCLAMA TION 9G WHEREAS, thirty years ago the United States Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county role in stewardship of our public lands and the federal governments responsib!'lity to pay its fair share of the cost; and, WHEREAS, Collier County received $738,570 in PIL T from the United States Department of the Interior last year for federal acreage within Collier County; and, WHEREAS, PIL T funding was increased by about three percent (3%), to $233 million for this year, which is up from $227 million last year; and, WHEREAS, President Bush has proposed a fifteen percent (15%) reduction to PIL T for 2007; and, , WHEREAS, the Board of Cou. in PIL T fun negative 'S recognizes that any reduction llier County and have a WHEREAS, lanning a special to show support WHEREAS, n their and, WHEREAS, ize and rts to protect WHEREAS, ~Cos efforts to funding by conducting on Apr1'l 25 and 26th. . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Apr1'l 25 and 26, 2006, be designated as Payment In Lieu Of Taxes 3dh Anniversary Recognition Days DONE AND ORDERED THIS 11 th Day of April, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ t!!ANK HALAS, CHAIRMAN A~ . - c!~. DWIGHT E. BROCK, CLERK Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJ~o/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 April 11, 2006 COpy The Honorable Bill Nelson United States Senator 716 Hart Senate Office Building Washington, D.C. 20510 Subject: Payment in Lieu of Taxes (PILT) Act Funding Dear Senator Nelson: Thirty years ago Congress passed the Payment in Lieu of Taxes (PILT) Act, acknowledging the county's role in stewardship of our public lands and the federal government's responsibility to pay its fair share of the cost. PIL T was increased by about three percent, to $233 million for this year. This is up from $227 million last year. Disappointingly, however, I have been informed through NACo representatives that President Bush has proposed a fifteen percent reduction to PIL T for 2007. We cannot let this happen. To that end, I feel it is important that you know Collier County's stance on this. On April 11, 2006 the Board of County Commissioners read and approved the enclosed proclamation which expresses our objection to reducing the funding for PIL Tin 2007. It is Collier County's hope that you will take our objection to Capitol Hill and reject any budget reduction of PIL T funding for 2007 and possibly find a way to increase it to cover inflation. Thank you for your consideration of our request. FH: nkr Ene: PIL T Proclamation PROCLAMA TION 9G WHEREAS, thirty years ago the United States Congress passed the Payment In Lieu of Taxes (PIL T) Act, acknowledging the county role In stewardship of our public lands and the federal governments responsibility to pay its fair share of the cost; and, WHEREAS, Collier County received $738,570 In PIL T from the United States Department of the Interior last year for federal acreage within Collier County; and, WHEREAS, PIL T funding was Increased by about three percent (3%), to $233 m1'llion for this year, which is up from $227 m1'llion last year; and, WHEREAS, President Bush has proposed a fifteen percent (15%) reduction to PIL T for 2007; and, " WHEREAS, the Board of Cou. in PIL T fun negative. WHEREAS, 'S recognizes that any reduction lIier County and have a WHEREAS, lanmng a special to show support WHEREAS, WHEREAS, ize and rts to protect ~Cos efforts to funding by conducting on Apr1'l 25 and 26th. . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 25 and 26, 2006, be designated as Payment In Lieu Of Taxes 3dh Anniversary Recognition Days DONE AND ORDERED THIS 11 th Day of April, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ (BANK HALAS, CHAIRMAN A~ . - C!%'~, DWIGHT E. BROCK, CLERK Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJ~o/~~ ~~ ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 April 11, 2006 COpy The Honorable Mel Martinez United States Senator 524 Hart Senate Office Building Washington, D.C. 20510 Subject: Payment in Lieu of Taxes (PIL T) Act Funding Dear Senator Martinez: Thirty years ago Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county's role in stewardship of our public lands and the federal government's responsibility to pay its fair share of the cost. PILT was increased by about three percent, to $233 million for this year. This is up from $227 million last year. Disappointingly, however, I have been informed through NACo representatives that President Bush has proposed a fifteen percent reduction to PIL T for 2007 . We cannot let this happen. To that end, I feel it is important that you know Collier County's stance on this. On April 11, 2006 the Board of County Commissioners read and approved the enclosed proclamation which expresses our objection to reducing the funding for PIL Tin 2007. It is Collier County's hope that you will take our objection to Capitol Hill and reject any budget reduction of PIL T funding for 2007 and possibly find a way to increase it to cover inflation. Thank you for your consideration of our request. Sincerely, c;:z:!; ~ /' Frank Halas, Chairman Commissioner, District 2 FH: nkr Enc: PIL T Proclamation 9G PROCLAMA TION WHEREAS, thirty years ago the United States Congress passed the Payment in Lieu of Taxes (PIL T) Act, acknowledging the county role in stewardship of our public lands and the federal governments responsibility to pay its fair share of the cost; and, WHEREAS, Collier County received $738,570 in PIL T from the United States Department of the Interior last year for federal acreage within Collier County: and, WHEREAS, PIL T funding was increased by about three percent (3%), to $233 m1'llion for this year, which is up from $227 m1'llion last year; and, WHEREAS, President Bush has proposed a fifteen percent (15%) reduction to PIL T for 2007; and, , WHEREAS, the Board of Cou. In PIL T fun negativ~ WHEREAS, 'S recognizes that any reduction lIier County and have a WHEREAS, lanmng a special to show support WHEREAS, ize and rts to protect WHEREAS, ~Cos efforts to . funding by conducting on April 25 and 26th. . NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that April 25 and 26, 2006, be designated as . Payment In Lieu Of Taxes 3dh Anniversary Recognition Days DONE AND ORDERED THIS 11 th Day of April, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '--;~~~ t!!ANK HALAS, CHAIRMAN A~ .' Hc!~~ DWIGHT E. BROCK, CLERK ._'_, -~!";1~:~'."'~'~ _::-.~.,.,~~:...;L~._~~ '}~~7, ,'_, .. __ ,.:,~. .~ ~~t1'~t. .g , ;J' 't 1: .t=:.,: .." . . .~! "';;'-";;.,''-0 .~:~:'~ -. ;;;.. --.~ ~ ~ t ~qt ~ "A- ,<t.. ~~'. ~k-'I~-~ ,. . ~ . I'~. .... "<..i .~.... ~ ... ""..... .'t:.\.,r. ~.~t~~ ' /' IDA ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excePtion of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. 2. / 3. 1ff 4. Scott R. Teach Assistant County Attorney ),.... SRT 05/09/06 l.. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Norman Feder, Administrator, Phone Number 774-5831 Staff Contact Transportation Services Agenda Date Item April 11, 2006 Agenda Item Number 10.A was Approved by the BCC Type of Document Amended and Restated Developer Number of Original One (1) Attached Contribution Agreement with G.L. Documents Attached Homes of Naples INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the SRT document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCe on April 11. 2006 (enter date) and all SRT changes made during the meeting have been incorporated in the attached document. The County Attornev's Office has reviewed the changes, if applicable. I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: May 10, 2006 To: Norman Feder Transportation Division Administrator From: Teresa L. Dillard, Deputy Clerk Minutes & Records Department Re: Amended and Restated Developer Contribution Agreement With G.L. Homes of Naples Enclosed please find one (1) copy of the document as referenced above (Agenda Item #10A), approved by the Board of County Commissioners on Tuesday, April 11,2006. If you should have any questions, please call me at 732-2646 ext. 7240. Thank you. Enclosure lOA, ~ Retn: CLIRI TO THI BOARD INTIRO..ICB 4TH 'LOOR BIT 7240 3836356 OR: 4034 PG: 1820 RICORDID in the O"ICIAL RICORDS of COLLIIR COUNTY, PL 05/10/2006 at 12:05PM DWIGHT I. BROCK, CLIRI RIC PII 350.00 COPIIS 41.00 IDA AMENDED AND RESTATED ST ANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR ROAD IMP ACT FEE CREDITS No. (Amending and Restating No. 2002-009-TR-GL Homes) THIS AMENDED AND REST A TED CONT IBUTION AGREEMENT ["Agreement"] is made and entered into this q~- of {A- , 2006, by and between G.L. HOMES OF NAPLES ASSOCIATES II, LTD., FLORIDA LIMITED PARTNERSHIP, duly organized and authorized to conduct business in the State of Florida [hereinafter referred to herein as "Developer"], by and through Alan Fant, Vice President of G.L. Homes of Naples II Corporation, a Florida corporation, and the General Partner of G.L Homes of Naples Associates II, Ltd., a Florida Limited Partnership, who is duly authorized to execute this Amended and Restated Standard Form Collier County Contribution Agreement for Road Impact Fee Credits, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY hereinafter referred to as "County." R E C I TAL S: WHEREAS, on December 1 7, 2002, Developer and County entered into that certain Standard Form Collier County Contribution Agreement for Road Impact Fees (No. 2002-009- TR-GL Homes), hereinafter referred to as the "Original Agreement"; and WHEREAS, for reasons beyond the reasonable control of both the Developer and County, the roadway improvements contemplated in the Original Agreement have yet to commence in accordance with the phasing schedule established therein "; and WHEREAS, based on the delays associated with the commencement of construction outlined in the Original Agreement, Developer and County are desirous of entering into this Amended and Restated Contribution Agreement which grants cash and credits for road impact fees and certain vesting rights for road concurrency, in exchange for the Developer's contribution of advanced off-site roadway construction improvements consisting of the extension of Logan Boulevard as a two (2) lane divided roadway between Vanderbilt Beach Road and Immokalee Road [hereinafter described as the "Project"] as set forth in a conceptual description and graphic rendering attached hereto in Composite Exhibit "A" and "A-I"; and OR: 4034 PG: 1821 IDA WHEREAS, Developer is the fee owner of certain lands, (hereinafter referred to as "Terafina"), described and graphically rendered in Composite Exhibit "B" and "B- I", attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon a Preliminary Estimate of Probable Costs by a Professional Engineer of the Project attached hereto as Exhibit "C"; and WHEREAS, the parties agree that Developer shall submit for County approval a final Certified Estimate of Probable Costs to design and construct the Project prepared by a Professional Engineer subsequent to the date of this Agreement and prior to the issuance of right-of-way use permit by the County in connection with the Project; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed fifteen [15%] percent of the approved final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen [15%] are caused by changes or modifications to the Project requested by the County from time to time after the County has approved and accepted the final Certified Estimate of Probable Costs of the Project; and WHEREAS, the parties acknowledge that it is in the best interest of the County for the Developer to design and construct the Project; and WHEREAS, the Transportation Administrator will recommend to the Board of County Commissioners that the Proposed Plan as defined in the Impact Fee Ordinance for donations, credits, cash and contributions as set forth in this Agreement is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Collier County Board of County Commissioners, [hereinafter "Board"], the Board has authorized the County Attorney to prepare this Developer Contribution Agreement ["DCA"] upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth 2 OR: 4034 PG: 1822 lOA necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with or is projected to be consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, pursuant to the Terafina PUD Ordinance No. 2004 - 15 it was agreed, inter alia, that: A. The road impact fee shall be as set forth in the Consolidated Impact Fee Ordinance No.Ol-13, or successor ordinance. Said fees shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. B. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. C. The Terafina PUD is vested for traffic concurrency associated with the executed Standard Form Collier County Contribution Agreement for Road Impact Fee Credits (No. 2002-009-TR-GL Homes) dated December 17, 2002. WHEREAS, it is anticipated that the time for build-out of the Terafina Development will exceed five [5] years for concurrency purposes, and the parties agree that good cause exists for an automatic five [5] year extension of the initial five [5] year vesting period provided, Developer substantially adheres to the Phasing Schedule as determined by the Transportation Division Administrator [A copy of the Phasing Schedule is attached hereto in Exhibit "0" and agreed to thereby by the County]; and WHEREAS, this DCA shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act; and WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with, the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and 3 OR: 4034 PG: 1823 1 (T: I,i~~' E WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to conveyor cause to be conveyed the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to conveyor cause to be conveyed the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution until Developer's legal counsel shall advise the County Attorney in writing that the Developer has secured a performance bond or other surety in the amount of the Final Certified Estimate of Probable Costs plus a 15% contingency and Developer shall submit such bond or surety for approval by the County prior to the time of Developer's application for the right-of- way use permit; and WIT N E SSE T H: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained above and herein, and the fact that all of the above recitals are true and correct and shall be fully incorporated herein and form part of the basis for this Agreement, the parties agree as follows: 1. The projected road impact fees needed for the construction of 850 residential units of the Terafina Development is estimated to be Seven Million Five Hundred Twenty Eight Thousand Eight Hundred Seventy Five Dollars [$7,528,875.00]. 2. Prior to the commencement of any construction work in connection with the Project ("Construction Work"), Developer shall deliver the following items to the appropriate governmental entity for said governmental entity's review and approval: A. For purposes of establishing the amount of the "Surety" (as hereinafter defined) and the "Road Impact Fee Credit Amount" (as hereinafter defined), a Final Certified Estimate of Probable Costs prepared by Developer's design engineer ("Professional Engineer") which shall set forth the estimated cost (including, without limitation, the cost of any and all labor, materials, design, testing, filing fees, permit fees, mitigation costs, construction and engineering inspection services, and any and all other ancillary costs and expenses) of 4 OR: 4034 PG: 1824 10/\ construction necessary to complete the Project in accordance with the "Plans and Specifications" (as hereinafter defined). After the Final Certified Estimate of Probable Costs has been submitted to and approved by the County, then the same shall be referred to herein as the "Final Certified Estimate of Probable Costs." The Final Certified Estimate of Probable Costs shall not be subject to change or modification without the written consent of both Developer and the County. The Final Certified Estimate of Probable Costs shall not include any of the costs, fees or other monies paid and/or incurred by or on behalf of the County under paragraph 7 of this Agreement. B. The Professional Engineer shall prepare the plans and specifications for the engineering and site development work (as amended from time to time, the "Plans and Specifications") for the Project. After the Plans and Specifications have been submitted to and approved by the appropriate governmental entities, Developer shall not change, revise or modify the Plans and Specifications without the prior written consent of said governmental entities. C. On or before the date on which Developer submits its application for the right-of-way use permit, Developer shall procure, at its election, either a bond or letter of credit ("Surety") in favor of the County in an amount equal to one hundred-fifteen percent (115%) of the Final Certified Estimate of Probable Costs. 3. The County shall have the right to draw against the Surety only after an "Event of Default" (as hereinafter defined) has occurred and remains continuing beyond the "Cure Period" (as hereinafter defined); provided, however, notwithstanding anything to the contrary contained in this Agreement, the County must provide Developer with written notice of its intent to draw against the Surety (including the amount to be drawn) not less than ten (10) days prior to making such draw, and the County shall only be permitted to use the drawn Surety funds towards the completion of the Project in accordance with the terms of this Agreement. 4. Developer shall have the right to (i) once per quarter reduce the Surety in an amount equal to the amount of funds expended by Developer in connection with the Project during the immediately preceding quarter, and (ii) terminate and extinguish the Surety on the date on which the Project has been completed and accepted by the County. 5. Developer shall not have any obligation to either increase the amount of the Surety to an amount greater than One Hundred Fifteen Percent (ll5%) of the Final Certified Estimate of Probable Costs nor replace any amount of the Surety after any draw against (by the County) or reduction of (by Developer) the same. 6. Developer shall deliver to County, simultaneously with the execution of this Agreement, an attorney's opinion letter attached hereto as Exhibit "E" stating: (a) Developer is an entity duly formed, validly existing and authorized to conduct its business in the State of Florida; (ii) Developer has the requisite 5 OR: 4034 PG: 1825 IDA authority (i) to enter into and execute this Agreement; (ii) to perform under and in accordance with the terms and conditions of this Agreement; (iii) procure financing in the amount of the Surety. 7. The County acknowledges that it has acquired all of the right-of-way necessary for the construction and completion of the Project, inclusive of all embankment easements, temporary construction easements, drainage easements, retention areas as well as all other types of easements and areas acceptable to the County, through eminent domain or any other method of acquisition. Any funds paid by Developer to the County to cover the County's costs associated with such acquisition, including, without limitation, the preparation of alternative alignments, legal descriptions, appraisals, and acquisition funding shall be reimbursed to Developer by the County no later than October 1, 2006. The County's obligation to reimburse Developer under this paragraph shall survive the completion of the Project and acceptance of the same or earlier termination of this Agreement. 8. The amount of road impact fee credits to which Developer shall be entitled to under this Agreement (collectively, "Road Impact Fee Credit Amount") shall be equal to the amount of the Final Certified Estimate of Probable Costs as amended from time to time. The Road Impact Fee Credit Amount shall be earned and available for use by Developer immediately upon (a) Developer expending any monies towards the design, construction and ultimate completion of the Project with the amount of Road Impact Fee Credit Amount earned being equal to the amount expended by Developer from time to time, and/or (b) the County drawing against the Surety with the amount of Road Impact Fee Credit Amount earned being equal to the amount of monies drawn by the County against the Surety from time to time, and/or (c) the payment of any and all monies by Developer to the County in the event the County is unable to collect on the Surety and the County seeks and receives payment from Developer in lieu of the Surety. The Road Impact Fee Credit Amount once earned by Developer shall not be subject to forfeiture, reduction, recission or diminishment regardless of whether or not Developer commits an Event of Default. This paragraph shall survive the completion of the Project and acceptance of the same by the County or earlier termination of this Agreement. 9. Until such time as the Project is constructed, completed and tendered to the County for acceptance, Developer shall indemnify and hold harmless the County from all liability directly arising from the construction of the Project and shall furnish adequate liability insurance in the amount set forth in the County Risk Management Guidelines as attached hereto as Exhibit "F". Such insurance shall be in addition to the Surety posted for the completion of the road. 1 O. In the event the actual cost of construction of the Project is less than the Final Certified Estimate of Probable Costs, Developer shall be responsible for reimbursing the County for all road impact fees utilized above the actual cost of 6 OR: 4034 PG: 1826 IDA construction. Any over-payment of credits by the County shall be reimbursed to the County within ninety [90] days after the County's demand for the same after completion of the Project, if it determines more road impact fee credits were utilized than the Developer was entitled to receive. Developer therefore shall pay all the road impact fees above the actual cost of construction of the Project. 11. Upon acceptance of the Project by the County, if the actual cost of completing the Project exceeds the actual amount of Road Impact Fee Credit Amount utilized by Developer, then on or before October 1, 2008, the County shall be obligated to reimburse Developer an amount equal to the actual cost of completing the Project less the actual amount of Road Impact Fee Credit Amount utilized by Developer. Therefore, the County shall reimburse Developer for all amounts expended by Developer in completing the Project above the actual amount of Road Impact Fee Credit Amount utilized by Developer. This paragraph shall survive the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 12. In exchange for the advanced construction of the Project, Developer shall be vested with 850 residential units in and for the Terafina Development as the construction of the Project shall be deemed a prepayment of road impact fees and the Developer shall be vested in these units for a minimum of five [5] years after the execution of this Agreement. It is anticipated that the time for build out of the Terafina Development will exceed five [5] years for traffic concurrency purposes. The parties agree that good cause exists for an automatic five (5) year extension of the initial five [5] year vesting period provided Developer substantially adheres to the Phasing Schedule attached hereto in Exhibit "D" which phasing schedule the County has agreed to. The additional five (5) year vesting period shall commence on the date on which the initial five (5) year vesting period expires. If the total road impact fees needed for the T erafina Development exceeds the cost of the Project, Developer shall be responsible for paying the difference at the rate then in effect. Said vesting shall be evidenced in a duly authorized Certificate of Public Facilities Adequacy issued by the County. Developer shall apply for the Certificate of Public Facilities Adequacy by way of written letter and a copy of this Agreement fully executed and the County shall issue such certificate based on the same within thirty [30] days of the execution of this Agreement or as soon as possible. This paragraph shall survive the completion of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 13. The County shall utilize its best efforts to review and approve, and use its best efforts to cause other governmental entities to review and approve, all plans, specifications, applications and/or other submittals delivered to the County and other governmental entities within ten (10) business days after the same has been submitted to the County and such other governmental entities for review and approval. 7 OR: 4034 PG: 1827 lOA l4. The County shall utilize its best efforts to assist and cooperate with Developer in the application, procurement and issuance of any and all permits, inspections and approvals necessary to construct and complete the Project in a prompt and timely manner. l5. The County shall join in, and the County shall use its best efforts to cause other governmental entities to join in, any and all applications, submittals and such other items which are necessary to construct and complete the Project. 16. The total amount of Road Impact Fee Credit Amount earned by Developer under this Agreement shall be evidenced by a Road Impact Fee Credit Ledger. [Attached hereto as Exhibit "G"]. The County shall on a current basis maintain. on the Road Impact Fee Credit Ledger written evidence of the Road Impact Fee Credit Amount earned, used by and available to Developer until such time the Road Impact Fee Credit Ledger reflects a zero balance. 17. Developer shall the right to rely upon the Road Impact Fee Credit Ledger for confirmation of the Road Impact Fee Credit Amount remaining to Developer under the terms of this Agreement. l8. Developer represents, warrants and covenants to the County that the following are true and correct in all material respects as of the date of this Agreement and shall be true and correct in all material respects until the completion and acceptance of the Project: A. Developer is a limited partnership duly formed and validly existing in the State of Florida and has the full right and lawful authority to enter into this Agreement. B. The execution, delivery and performance of this Agreement by Developer has been duly authorized and no consent of any other person or entity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against Developer in accordance with its terms. C. The Project shall be constructed in accordance with the Plans and Specifications in a good and workmanlike manner free from all defects, liens, claims and encumbrances caused by or through Developer, except as specified pursuant to or in accordance with this Agreement. D. Once Construction Work has commenced on the Project, Developer shall ensure that the construction of the Project shall not stop for a period in excess of thirty [30] consecutive days or longer, unless said stoppage is: 8 OR: 4034 PG: 1828 lOA (a) Required by the County or any governmental entity and not caused by actions or omissions of Developer or its employees or agents; or (b) Caused by a "Force Majeure" as that term is generally known in the construction industry. E. Developer has not granted, and will not grant or permit to exist, any Lien (as defined below) on or against all or any portion of the Project, other than Permitted Encumbrances (as defined below). As used herein, "Lien" shall mean any security interest, mortgage, pledge, lien, hypothecation, judgment lien or similar legal process, charge, encumbrance, title retention agreement or analogous instrument or device (including, without limitation, the interest of the lessors under capitalized leases and the interest of a vendor under any conditional sale or other title retention agreement), but excluding (i) any easements, covenants or restrictions of record necessary for the construction and completion of the Project and/or acceptable to the County and (ii) liens arising from taxes or claims of suppliers, mechanics, carriers, warehouses, landlords and other like persons, where such taxes or claims are being contested in good faith by appropriate proceedings, or a surety posted therefore. As used herein, "Permitted Encumbrances" shall mean Liens approved by the County. F. The Developer represents and warrants that there are no actions at law, suits in equity or any other proceedings before any governmental agency, commission, bureau, or other arbitration proceedings against or affecting the Developer that if adversely determined would materially and adversely affect the Developer's ability to complete the Project or would adversely affect the Developer's ability to execute and deliver, and perform its obligations under, this Agreement. 19. In the event of a thirty [30] day stoppage of work on the construction of the Project except as described above in paragraph 19, the County shall have the right to call upon the Surety for any necessary draw, pursuant to and in accordance with Paragraph 3 herein, to continue or complete the Project. If the Surety fails to immediately provide necessary funds to the County for the County to continue or complete the Project, the County may take any and all legal action available to it, including declaring Developer in default of this Agreement (subject to applicable notice and cure provisions), and the County may take all necessary steps to complete the Project and secure "Reimbursable Costs." The term "Reimbursable Costs" as used in and throughout this Agreement shall mean the actual cost to complete the Project in accordance with the Plans and Specifications for the Project as they exist at the time of default or Event of Default by Developer under this Agreement that causes Developer's removal from, and the County taking over and completing, the Project; it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation 9 OR: 4034 PG: 1829 lOA and/or expenses whatsoever for any default or Event of Default under this Agreement. Consequential damages shall mean: losses that do not flow directly and immediately from an injurious act, but that result indirectly from the act. 20. The County represents, warrants and covenants to Developer that the following are true and correct in all material respects as of the date of this Agreement and shall be true and correct in all material respects until the completion and acceptance of the Project: A. The County is a corporate body politic duly formed and validly existing in the State of Florida and has the full right and lawful authority to enter into this Agreement. B. The execution, delivery and performance of this Agreement by the County has been duly authorized and no consent of any other person or entity to such execution, delivery and performance is required to render this Agreement a valid and binding instrument enforceable against the County in accordance with its terms and conditions. C. The County shall (i) issue the Road Impact Fee Credit Amount to Developer, (ii) vest the Terafina Development with traffic concurrency for 850 residential units for the initial five [5] year vesting period and the five [5] year extension vesting period pursuant to the terms set forth in this Agreement, (iii) issue the Certificate of Public Facilities Adequacy for the initial five [5] year vesting period and the five [5] year extension vesting period pursuant to the terms set forth in this Agreement; all of the foregoing in accordance with and at the times required by the terms and conditions of this Agreement. D. The County shall allow Developers to use, allocate, assign and apply all or any portion of Road Impact Fee Credit Amount duly earned hereunder in accordance with the Collier County Consolidated Impact Fee Ordinance, and public facility adequacy Ordinance as amended consistent with the terms and conditions for any certifications issued from time to time. 2l. The occurrence of any of the following events shall be deemed to be an "Event of Default": A. A breach by Developer to comply with any of the terms or conditions of this Agreement by which Developer is to comply. B A breach by the County to comply with any of the terms or conditions of this Agreement by which the County is to comply. C. Notwithstanding anything to the contrary contained in this Agreement, an Event of Default shall not be deemed to have occurred unless and until the party seeking to declare an Event of Default ("Non-Defaulting Party") has 10 OR: 4034 PG: 1830 1 0 11 jJ _ l ~ provided the other party ("Defaulting Party") with written notice ("Default Notice") of the default ("Default") commitment by the Defaulting Party in specific detail and the Defaulting Party has failed to cure said Default within thirty (30) days after receipt of the Default Notice ("Cure Period"); provided, however, if the Default is one not reasonably able to be cured within the Cure Period [the term "reasonable" shall be defined by mutual agreement], then the Cure Period shall be extended for an additional time period as may be reasonably necessary to cure the Default provided that the Defaulting Party commences to cure the Default within the Cure Period and continues in good faith to diligently cure the Default to completion. D. If Developer commits an Event of Default prior to Developer posting the Surety, then the remedy of the County shall be: (i) the right to terminate this Agreement, (ii) the right to terminate the vesting rights of the Terafina Development granted in and under this Agreement, and (iii) the right to require Developer to assign all of its right, title and interest in and to all plans, specifications, documents, applications and permits that have been prepared, submitted and/or issued to or on behalf of Developer. E. If Developer commits an Event of Default subsequent to Developer posting the Surety, then the sole and exclusive remedy of the County shall be the right: (i) to require Developer to assign to the County all of its right, title and interest in and to all plans, specifications, documents, applications and permits that have been prepared, submitted and/or issued to or on behalf of Developer, (ii) to require Developer to terminate any and all Construction Work, (iii) to remove Developer from the construction site of the Project, (iv) to complete the Project in accordance with the terms and conditions of this Agreement using the Surety, (v) utilize its Alternative Dispute Resolution procedure, [attached hereto as Exhibit '"H"], (vi) pursue such other legal remedy it determines is appropriate to recover Reimbursable Costs: it being acknowledged and agreed by the County that except only for Reimbursable Costs, Developer shall not be liable whatsoever for any indirect, consequential or punitive damages of any kind or nature or any other costs, compensation and/or expenses whatsoever for any default or Event of Default under this Agreement. Consequential damages shall mean: losses that do not flow directly and immediately from an injurious act, but that result indirectly from the act. F. Notwithstanding that an Event of Default may have occurred, Developer shall nevertheless be entitled to reimbursement from the County on or before October I, 2008, and the County shall be obligated to reimburse Developer on that date, for all amounts expended or incurred by Developer under this Agreement in excess of the amount of Road Impact Fee Credit Amount utilized II OR: 4034 PG: 1831 lOA by Developer. Such reimbursement obligation of the County shall survive the completion and acceptance of the Project by the County or earlier termination of this Agreement. G. If after posting the Surety Developer commits an Event of Default, then the number of residential units vested for traffic concurrency purposes in the Terafina Development shall be equal to the number of building permits that the sum of the following calculations could pay for with respect to road impact fees only: [l] the actual amount of money expended by Developer in connection with the design, permitting, construction and completion of the Project, plus [2] any amount received by the County from the Surety and/or Developer; provided however, if at, or any time subsequent to, Developer having committed an Event of Default after posting surety the sum of numbers [l] and [2] above equal or exceed the total amount of road impact fee payments needed for all building permits for all 850 units in the Terafina Development as set forth in paragraph one herein, then the Terafina Development shall become and remain permanently vested for 850 residential units for traffic concurrency purposes. This paragraph shall survive the completion and acceptance of the Project or the earlier termination of this Agreement. H. In the event the County does not approve any Terafina PUD extension requested by Developer after Developer makes an administratively complete application submittal for such extension pursuant to and consistent with the provisions of Section lO.02.13.D of the Collier County Land Development Code, Developer shall timely submit an application to amend the Terafina PUD to extend the same (the "Amendment Application"). In such event, if: (1) the County denies the Amendment Application, or (2) the County approves the Amendment Application, and such approval (i) reduces the number of approved units compared to that currently approved, and/or (ii) imposes any condition of approval that imposes any new or significantly increases any existing obligation (financial or otherwise) on the Developer, then in any of the foregoing events, Developer shall have the right, but not the obligation, to terminate this Agreement on written notice to the County, whereupon, this Agreement shall terminate, Developer shall have no obligation to commence or complete construction of the Project, and the County shall reimburse Developer for all fees, costs, expenses and other charges actually paid by Developer directly in connection with the Project within 6 months after the date of such termination. This paragraph shall survive the termination of this Agreement. 22. Developer shall not be penalized based on a Collier County Government caused delay. 23. The failure of this Agreement to address any permit, condition, or term or restriction in the actual design, permitting and construction of the Project shall not relieve Developer or its successors of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, 12 OR: 4034 PG: 1832 1 0 i, ~ :. , . l.;' .. I conditions, or terms of restriction III the actual design, permitting and construction of the Project. 24. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 25. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 26. The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "F" attached hereto and incorporated herein by reference. 27. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 28. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this Agreement. 29. The Road Impact Fee Credit Amount identified herein shall run with the Terafina Development as described in Composite Exhibit ""8" and "B-1" and shall be reduced by the entire amount of road impact fee due on the first building permit issued thereon and each successive building permit until the Terafina Development is either completed or the Road Impact Fee Credit Amount is exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a Road Impact Fee Credit is available, each time a building permit is applied for. If a Road Impact Fee Credit Amount is available, then the amount of Road Impact Fee Credit Amount utilized shall be deducted from the available balance as shown on the Road Impact Fee Credit Ledger. 30. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the Road Impact Fee Credit Amount applied toward payment of road impact fees and the balance of the available unused Road Impact Fee Credit Amount. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a material failure to comply with the terms of this Agreement, then the default provisions as stated herein shall apply. 13 OR: 4034 PG: 1833 IDA 31. The duration or availability of the Road Impact Fee Credit Amount pursuant to this Agreement, shall not be for a period in excess of five (5) years from the date of final completion of the Project and in no event shall the availability of the Road Impact Fee Credit Amount under this Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Agreement in the Official Records of Collier County, Florida. For the purposes of this Agreement, the date of final completion of the Project shall be the date of acceptance of the Project by the County. An extension of the Certificate of Public Facilities Adequacy for an additional five [5] years as provided for in this Agreement shall be construed as a moratoria pursuant to Section 74-205 F4 of the Consolidated Impact Fee Ordinance, as amended. 32. The off-site improvements, for purposes of impact fee credits, shall exclude any access improvements to the T erafina Development. 33. The Transportation Administrator has determined that the proposed road impact fee credit plan and vesting rights earned and granted under this Agreement are consistent with the public interest. 34. Developer has delivered to the Office of the County Attorney an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 35. The parties acknowledge that the contributions herein characterized as work done and property rights acquired by a highway or road agency for the improvement ofa road within the boundaries ofa public right of way. 36. The Road Impact Fee Credit Amount shall only be for contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the Project is located. 37. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. 38. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight courier (such as Federal Express), transmitted via facsimile transmission or mailed by certified or registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as follows: As to County: Norman Feder, Transportation Administrator Transportation Administration 14 OR: 4034 PG: 1834 lOA 2885 South Horseshoe Drive Naples, Florida 34104 With a copy to County's Legal Representative: David Weigel, County Attorney County Attorney's Office 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 With a copy to County's Road Project Representative: Jay Ahmad, Director Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34l 04. As to Developer: G.L. Homes of Naples II Corporation c/o Kevin Ratterree, Vice-President l600 Sawgrass Corporate Parkway, Suite 300 Sunrise, FL 33323 With a copy to Developer's Michael S. Sheitelman, Esquire General Counsel: 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, FL 33323 With a copy to Developer's Legal Representative Mark F. Grant, Esq. Ruden, McClosky, Smith, Schuster & Russell 200 East Broward Boulevard PO Box 1900 Fort Lauderdale, Florida 33302 Notices personally delivered or sent by overnight courier shall be deemed given on the date of receipt, notices sent via facsimile transmission shall be deemed given upon transmission and proof of receipt as evidenced by a confirmation of transmittal page and notices sent via certified mail in accordance with the foregoing shall be deemed given three (3) days after being deposited in the U.S. Mails. 39. This Agreement shall be construed and governed in accordance with laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Collier County, Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto. 15 40. In the event any provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. OR: 4034 PG: 1835 lOA 41. In construing this Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. 42. This Agreement constitutes the entire agreement between the parties, and supersedes any other agreement or understanding of the parties with respect to the matters herein contained. This Agreement may not be changed, altered or modified except in writing signed by the parties hereto. 43. The parties agree that in the event that any date on which performance is to occur falls on a Saturday, Sunday or state or national holiday, then the time for such performance shall be extended until the next business day thereafter occurrmg. 44. Developer is and shall be in the performance of all work, services and activities under this Agreement independent of the County and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement on behalf of Developer shall at all times and in all places be subject to Developer's sole discretion and supervision and control. Developer's relationship and the relationship of its employees, agents, servants and contractors, shall in all respects, shall be independent of the County and not as employees or agents of the County. Developer does not have the power or authority to bind the County in any promise, agreement or representation other than as specifically provided in this Agreement. 45. Except when otherwise expressly stated herein to the contrary, whenever one of the parties to this Agreement is to give its consent, decision, determination or approval, such consent, decision, determination or approval shall not be unreasonably withheld, conditioned or delayed. 46. The Final Certified Estimate of Probable Costs shall be adjusted upon completion of the Project to reflect the actual cost of construction of the Project. Developer shall not be entitled to any reimbursement under this Agreement for those portions of the Final Certified Estimate of Probable Costs that exceed fifteen (15%) percent of the approved Final Certified Estimate of Probable Costs unless such amounts in excess of said fifteen [15%] percent are caused by changes or modifications to the Project as requested by the County from time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project. 16 OR: 4034 PG: 1836 lOA List of Exhibits: Exhibit "A": Composite Exhibit A-The Project A-Project Description A-I - Preliminary Alignment Logan Blvd. Vanderbilt Beach Road To Immokalee Road Exhibit "B": Composite Exhibit B- The Terafina Development B- Legal Description of Terafina Development B-l - Terafina Location Map Exhibit "C": The Preliminary Estimate of Probable Costs Exhibit "D": Phasing Schedule Exhibit "E": Attorney's Opinion Exhibit "F": The County Risk Management Guidelines Exhibit "G": Road Impact Fee Credit Ledger Exhibit "H": Alternative Dispute Resolution Procedures 17 OR: 4034 PG: 1837 lOA IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. .~ . '. .eputY. ClerkAttl$t IS to Cha 1 rman ~ . /...........~."'tOnlturt onlll AS TODitV~l:fipER: ~f+~ Print Name: 4wAl ~rw~ BOARD OF COUNTY COMMISIONERS COLLIERCOUNTY~ ~::~ By: ~-" Frank Halas, Chairman G.L. HOMES OF NAPLES ASSOCIATES II, LTD., A FLORIDA LIMITED PARTNERSHIP By: G.L. Homes of Naples II Corporation A Florida Corporation, its General Partner By: ~ /- --- 2 Name: AI-A!--! FANr Title: V \ (.~ f~/." €NT Date: 5 I i I 0 fa I / I If .~~l .'.,', ._ {D t:t: ! I \. . \1 .?""J~ job ~ , J '," ~ j,l>Jcto ~ ~~~. . " 18 OR: 4034 PG: 1838 lO^ . rt STATE OF FLORIDA COUNTY OF BROW ARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by r-Ilan FOnt , the V"~f!:, Prf~kkrrt of G.L. Homes of Naples II, a Florida Corporation, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. ~she is personall~ ~ to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this~ day of May , 2006. J Ckn:rG3 &nd NOTARY PUBLIC )' , A~i?!l7cienCY: Assistant County Attorney Name: -Enra 13 Ern5t (Type or Print) My Commission Expires: ~tS'-y PCl6<..., Anna B. Ernst : ~ c; Commission # 00454514 ~~ \)~c;1 Expires July 25, 2009 ~ flJ BondlldTroy F... '--.Inc G3ll5-7018 i I Kr/terafinaldca2ndversion.krO 10906 19 OR: 4034 PG: 1839 1 0 p~ EXHmlT A Project Description The Project is a two lane roadway extending southerly from Irnmokalee Road to Vanderbilt Beach Road as an extension of Logan Boulevard. -- .iP~ :/i. ~ \ ~ bY-I .:.~\ -n. · I. ? ~ .. ~ ,~ I -:- ( (' J - - . - Sf' I,,~'~ ~ ...~ . ~ . ".'d . " ~~~ ~..... ", "'%- ~..-_,.~ . - m' '. . .. f_,::lI<I: i r.r:r: .: i '~.' I ~r=:m. . . - .. . j ........ d_~ R~~~..::':. ~t--~ _u~.. ;... ! .. .. .. .. 'r . j- . .. .. - . .. ... ...........--- --i ..-...- . .. . . . " _~ I f==1 - I . . I 7 r::--:-t.1.j. . w-~ ,..----.. e>>BT A-1 ~y AL.JC:.3N.4IENT LOGAN BLVD V ANDERBI.. T BEAa-t ROAD NOVENBER 18, 2002 - ...... .. .I.[l.!_ ..I.. . .. . .- - -- -,- -?M "1 - . , I · ~--~ I . ~~ II .. I '" .:J .1 " .. .., C:C 1 7 2GQ2 TO M.4OKAJ. EEptOAD "l.-?, ~, 1 n ~ OR: 4034 PG: 1~~ ~ \ "': I \. ~ , . '000 \ ./' (_'J. ~ .- ...... .. t.. ~~,' A''';'-,-I. ~ !:=, ( . . ~.... .. .-' J~O - -= c.;.. --".".- \.' - .. - - I. - - - j /, : - .. ~.... --- '- - MONTES ~.fUIIIIS.SlM'IaIS ~ OR: 4034 PG: 1841 lOA EXHIRIT R Lcgall>cscription of Terafina Development: All of Section 16. Township 48 South. Range 26 East Collier County. F1llrida, cxc~pting thc \Vesl Sf)' thcrcnf pursuant 10 thc n:cordalion of that certain Warrant) Deed recorded in Omcial Rccord Book 3051 Pagc 750. -- r o () )> -I o Z ~ )> 1] ---' --~ ~---- . -----;:.:::::;--.K--. .. ;:::""-:~ ~. .1 \-"':~ -.......,,"'- ~ i ~'-.. \,,: \..............-~- - ..-- _..~ I..~ ~ t i ~;ill .--- -.---.-. ! .~ i ~ .. ~ ~ 2a rK ;PJlE\PJ,..~,: :H~ "-f' --)1 <, ~- a ;i "... .~~....1 tw..... "tl ..~~ . z ~I. Ii M ~I ~ :F, ~'.'" g r- iil ~ I!'t "'1 l .l i~j U~ c~ e~ " :~l "r'--- -. BLVD. ~ I a . . .~ , :. l - ! ~ ~ .. ,~ -~ ~1 COODLEnE _ I , ~I 1-' - ~--A1~PORT ii LJ' "jJ' : ,U ' , ~L' II i ~ ~ --1 I '1 I I I j l ! ~ OR: 4034 PG: 18421 0 A ~.---- S -------- J' ~ , _----~\~~~J3J C'__f-~-"; .,d__.,.S ~ I.\..-J\~ (' --..-..-irf-'-~~' ft.! pi Ji'/~l T-~~'j ~U ~$j . I/ANOERBIL T R. 1.8 VANDER, 81L TI. DR, ~~ i :~ ~ ~ i ~ ( I ~ ~ iJ. ':~ ~ 5 I,' ~ : J Iii "~..... Q",.. j!"C' co ' . ~ ML ~ II." n= ~ fRANK ROAD r "-~r .r- - ::I~i . . j.... ; i PULUNG RO D () ~ f;; .. ~ ", ;a () n g o z ~ ~ :t ~ - ~fL_H--! r> ;:0.-", co .,.. en . 'i ~" ~;. -.-----.--.1 , I 1 I I i J . -__,---l'-t, ii r'- .. (J) --i l"'1 to ~ ri OJ ~I --ii 0, Z OR: 4034 PG: 1843 10A EXHIBIT C Preliminary Estimate of Probable Cost Total $ 890,000 $ 7,650,000 $ 450.000 $ 8,990.000 Design Construction Construction Engineering/Inspection OR: 4034 PG: 1844 "'" EXHIBIT D Phasing Schedule: Year 1 (by June 1,2006) - Bid, negotiate and finalize construction contract. Commence construction of Logan Blvd. from Immokalee Road to its present terminus north of Vanderbilt Beach Road. Year 2 (by May 1, 2007) - Complete construction of Logan Blvd. from lmmokalee Road to its present terminus north of Vanderbilt Beach Road. ~Ruden ~_IMcClosky OR: 4034 PG: 1845 ~, l 200 EAST BROWARD BOULEVARD ~ SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 (lJ! OJ '/I."lt& POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (954) 527-6220 FAX: (954) 333-4220 CAROL.HOLLER@RUDEN.COM March 28, 2006 VIA FEDERAL EXPRESS Michael S. Sheitelman, Esq. G.L. Homes of Florida 1600 Sawgrass Corporate Parkway Suite 300 Sunrise, FL 33323 Re: G.L. Naples II - l<raf:nq Dear Michael: Enclosed please find the executed opinion for the DCA traffic concurrency. Please do not hesitate to contact me should you have any questions. /~,ery trul Y y;~urs,/ i '/ '.7 .'" ( il~&f /Nl f! ~W{ lIP) . Carol D. Holfe~' ~ Certified Paralegal Real Estate Specialist CDH/rm encl. EXHIBIT E FTL:1712342:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH OR: 4034 PG: 18461" ~ OA ~ RLlden ~~IMcClosky 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1 900 FORT LAUDERDALE. FLORIDA 33302 (954) 527-2404 FAX: (954) 333-4004 Mark.Grant@RUDEN.COM March 28, 2006 Board of County Commissioners of Collier County Naples, Florida Re: Amended and Restated Standard Form Collier County Contribution Agreement for Road Impact Fee Credits by and between the G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership, and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier COlmty (the "Contribution Agreement") Ladies and/or Gentlemen: We are counsel for G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership (the "Developer"), and G.L. Homes of Naples IT Corporation, a Florida corporation (the "Corporation"), the sole general partner of Developer. As such, you have requested our opinion in connection with the Contribution Agreement. In rendering this opinion, we have reviewed the Contribution Agreement, the Agreement of Limited Partnership of Developer, and such other and further documents as deemed relevant (collectively, the "Documents"); have made such investigation of law; and have discussed with Developer such questions of fact as we have deemed necessary or appropriate for the opinion hereinafter expressed. We have received from, and under seal of, the Secretary of State of the State of Florida (the "Secretary of State") certificates that Developer is a limited partnership and that the Corporation is a corporation, each organized under the laws of the State of Florida and that their respective stahlS is active. In rendering the opinion hereinafter expressed we are: (a) relying upon the foregoing certificates under seal of the Secretary of State; and (b) assuming that the instmments as certified by the Secretary of State as aforesaid are tme and complete copies of the originals thereof and that same have not been modified unless and except as reflected by such certified copies of such instmments. We have no knowledge of any inaccuracies contained in the foregoing certificates under seal of the Secretary of State. In rendering this opinion, we are further assuming that all copies of all instmments examined by us are tme and correct copies of FTL:1712185:1 OR: 4034 PG: 1847 ~ I t, the originals thereof, the authenticity of all documents, if any, submitted to us as originals and .,s,'" that all signatures are genuine other than the signatures of the Developer on the Contribution Agreement, which we know to be genuine. ~. ~, Based upon our examination of the Documents, and subject to the assumptions, limitations, and qualifications set forth herein, we are of the opinion that: l. Developer is an entity duly organized, validly existing, and in good standing under the laws of the State of Florida and has all requisite power to carryon its business as now being conducted. 2. The execution, delivery, and performance of all terms and conditions of the Contribution Agreement, specifically including, without limitation, procurement of the "Surety" (as defined in. the Contribution Agreement), by Developer has been duly authorized by all necessary actions (corporate, partnership, or otherwise) and does not require the consent or approval of any persons whose consent has not been obtained, Our opinion is expressly qualified in that it is given on condition that Collier County's counsel has not given Collier COlmty any written advice in connection with this transaction that is contrary to any opinion expressed herein. We are members of the Bar of the State of Florida and, accordingly, express no opinion with respect to the laws of any other jurisdiction, other than those of the laws of the State of Florida and the laws of the United States. This opinion is rendered as of the date hereof and we undertake no obligation to advise you of any change in any matters stated herein. Only the persons addressed above are entitled to rely upon or to assert any legal rights created by this opinion letter. This letter may not be used or relied upon by any other person for any purpose whatsoever other than in connection with regulatory requirements or in response to a court order, without our prior written consent. Very truly yours, FTL:171218S:1 OR: 4034 PG: 1848 1 0 f~ . ~~. ,\ STATE OF FLORIDA ) COUNTY OF BROWARD ) 55: BEFORE ME, the undersigned Notary Public, personally appeared N. Maria Menendez (the uAffianr), to me welt known to be the person who made and subscribed the forowing Affidavit. who, upon being first by me duly sworn on oath. deposed and said as follows: 1. Affiant Is the Vice President of G.L. HOMES OF NAPLES II CORPORATION, a Florida corpOf'ation, the sole general partner of G.l, HOMES OF NAPLES ASSOCIATES II, L TO., a FI?rlda limited partnership (the "Partnership") and as such has personal knowledge of the business and affaIrs of said Partnership and of all facts slated hereunder. 2. The sore general partner of the Partnership is G.L. HOMES OF NAPLES " CORPORATION, a Florlde corporation (the .Corporation"), having an address of 1600 Sawgrass Corporate Parkway, Suite 300. Sunrise, Florida 33323. (a) The sole shareholder of the Corporation is G.L. HOMES OF FLORIDA HOLDING CORPORATION, a Florida corporation ("Florida Holding"), having an address of 1600 Sawgrass Corporate Parkway. Suite 300. Sunrise, FIOf'ida 33323. (b) The sole shareholder of Florida Holding is Itzhak Ezrstti. .ofo!aving an address of 1600 Sawgrass Corporate Parkway, Suite 300, SUnrise, Florida 33323. 3. The limited partners of the Partnership are: (a) G.L HOMES OF FLORIDA LIMITED CORPORATION, a Florida corporation rFlorida Limited"), having an address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323; and (b) RESIDENTIAL FUNDING CORPORATION, a Delaware corporation C"RFC"), having an address of 8400 Normandale Lake Boulevard, Suite 250. Minneapolis, Minnesota 55437. AFFIDA.VIT (a) The sole shareholder of Florida Limited Is Florida Holding, having an address of 1600 Sswgrass Corporate Parkway. Suite 300, Sunrlse. Florida 33323. (I) The sole shareholder of Florida Holding is Itzhak Ezratti, haVIng an address of 1600 Sewgrass Corporate Parkway, Suile 300, SunrIse, Florida 33323. (b) The sole shareholder of RFC is RESCAP CORPORATION, having an address of 8400 Normandale Lake Boulevard, Suite 250. Minneapolis, Minnesota 55431. (I) The sole shareholder of RESCAP CORPORATION is GENERAl. MOTORS ACCE:PTANCE CORPORATION, having an address of 8400 Normandale Lake Boulevard, Suite 250. MInneapolis, Minnesota 65431. 4. This AffidavIt ;s made and given In connection wIth that certain application for a Development Order Extension for the Terafina PUD by the Partnership. This Affidavit is made under penalties of perjury. In addition. Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete. Affiant further declares that Affiant has the authority to execute this Affidavit on behalf of the Partnership. 5. Affiant Is executing this Affidavit safely in her capacity as Vice President of the general partner of the general partner of the Partnership. and no resort shall be had to any of Affiant's personal assets on account hereof. 6. This affidavit is being gIven to correct an In Inadvertent Inaccuracy contaIned in paragraph 3(b) of the Affidavit previously delivered to Collier County in connection with thai certain application for e Development Order Extension for the Teraflna PUD by the Partnership, a copy of which is attached hereto as Exhibit ftA". OR: 4034 PG: 1849 4'~ FURTHER AFFIANT SAYS NOT. G.L. HOMES OF NAPLES ASSOCIATES II, L TO., a Florida limited partnership 't:;,,'.... By: By: SWORN TO AND SUBSCRIBED before me t"js~ day of March, 2006. My Commission Expires: [NOTARIAL SEAL] ~' Anna B. Emst : ~ commission # 00454514 '\ J4 expires July 25,2009 ~t7p\'-;r~T/OfFtlll.~_ !l(7.l.*,lI)It ~ - Personally known to me, or Produced IdentIfication OR: 4034 PG: 1850 1 n ~ EXI HBI r F RISK r-.,lA\l.\GEMI:~rr GUIDELINES FOR RIGHT OF \VA Y AND CONSTRLCTIOi\ ()F LOGA~ BOULEVARD Dcvdoper shall maintain the required Comnlcrcial General l.iability insurance in full 1urce and effect. for thc durution of the construction phase of Logan Boulevard until acc..:ptcd by the County pursuant to the terms set 10rth herein. The area insun..d shall be as sdlc)}1h herein in Exhibit "B" to this Developer Contribution Agreement. Developer shall maintain Commercial Cieneral Liability Insurance in limits of not less than $1.000.000.00 per occurrence combined single limits. Coverage shall be \\rilten on an occurrence furm. Dc\ eloper shall name Collier County as an additional insured on said policy. .i9~k\i:;;;~g~~;cna);;';;Clor--- Collil;.'r County Government - Date: May "",9_.2006 OR: 4034 PG: 1851 i; 'U" M.l .t. r. EXHIBIT G I G.L. HOMES-LOGAN EXT. TERAFINA - ROAD IMP FEE I Ending Balance $7,528,875.00 Final amount to be determined upon approval by County's Transportation Div, Prior f d' to use 0 any ere Its. --- DATE PERMIT # CREDIT AMT BALANCE COMMENTS BeQlnn!nq Balance $752887500 - OR: 4034 PG: 1852 10 EXHIBIT '4 H It COLLIER COUNTY AL TERNA TIVE DISPUTE RESOLUTION PROCEDURES L 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 constnJction 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 formaJ 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"J, to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment undc:r a Collier County constnJction contract. A claim should cover all Wlresolved disputes existing at the time of presentation co arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[sj or mediator[sj as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed S2S0.000.00, 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 mav exceed that amount. ~ OR: 4034 PG: 1853 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shaH be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and aU 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 cowt 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 cJaim(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 1teen previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance Wlder the contract. 4. .c-.JITIA TING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days at1cr 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 shan be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute oflimitations. 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 fonns shaH include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The COWlty'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 fonn 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 docwnents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: OR: 4034 PG: 1854 10 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 writ1en 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 Liqt;.idated Damages is included in the claim. c. No new or different claim, other than a cha.n.ge tn the amountclaimed. will be allowed once the time and date for 1:11: hearing has been set. f. If the arbitratIon panel or mediator determmes that infonnation known to a person not in ~lttendance at the r.ea:r.ng or the mediation is essential to arriving at its deCision or for the faIr ex .:rClse of the mediation process, he or she may obtain a written affidavit ,~'orn that person and enter such statement into the record. 5. L\PMI!\lSTRATION. OF ARBITRA TIO~. 5.1 The respondent shall prepare a rebuttal 10 !he claim and furnish a eopy to the party requesting arbitration and to each of rb: members of the panel so that it is received at least fourteen (J 4) cale~lda.r dJY:; prior to the date scheduled for the hearing, 5.2 The County shall set a time and date tor 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 intonnation required in order for the arbitrators to gain a complete understanding of the Issues, and if a party requests additional lime, the arbitrators selected may continue the matter in 7-cah..-ndar day increments. A request for a contmuance must be submitted to the arbitrators no later than 48-hour5 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 rdating to the claim during negotiations between them prior to arbitration bemg initiated. rn any event, a full. OR: 4034 PG: 1855 \ ~~ 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 ubitraton to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATIORNbYS IN AN ARBITRATION HEARING: Counselor 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 aJl 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 begirming 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 pres.nted 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 bas 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. OR: 4Uj4 ~u: !~~b lOA 7.6 Conformance to legal rules of evidence shaJl not be necessary. 7.7 ~embers 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 bearing. which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may t:lect to extend the bearing to 3 later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or docwnent prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbil1l!ion panel. c. EJch party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediatJon sha!l be conducted within one (I) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMIN'ISTRATION OF \fEDL\TION: 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 tbe 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 wlll 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 aU 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. . OR: 4034 PG: 1857 1[:, ~_'i' I .. 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 S.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. Tbe County or any other public entity required to conduct its business pursuant to Florida Statutes. chapter 286, that party shan 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 ofthe entity. 8.8 ~ A party is deemed to appear if the party or its representative having full authority to senle without further consultation, the party"!'" counselor 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. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distributc to each party a report indicating the lack of an agrecment without comment or recommendation. With thc 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. COMPENSA nON OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the ratc ofSlSO.OO an hour, or the current rate for the Court program. An additional fce of25% shall be payable to the Cowt 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 Prbcess. ~. . OR: 4034 PG: 1858 1 0 ., J.t 10. MEMBERSHIP: 10.1 The Arbitration Panel wilJ 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. _ lOA It is imperative that mediators and arbitration panel members show no partiaJity to either the Contractor or the County. nor have any contlict 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 CEL consulting tirm 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 knOMl conflict. b. !'\o arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise hiSlher abiHty to impartially resolve disputes. c. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting linn 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 10.20) el seq.. Part II of the Rules for Mediators and Pan n 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 ht..rein. . . UK: ~UJ~ ru; lOJ' ., r;, (/'t~ 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes oftort 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. Prepared and Approved as to fonn and legal sufficiency: - Jacqueline Hubbard Robinson Assistant County Attorney . .. *** OR: 4034 PG: 1860 *** 1 0 t\ rl TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim. Whichever is First, the Following ~attcrs 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 shaH prepare a written rebuttal. Within IS 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 N'rnst 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 wnttcn rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. ~o Later Than 48 HOllrs Prior to the date of the \1ediation or Arbitration: Any request for a continuance must be filed with the .\rbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be .:ontinued for only 24 hours at a time with the consent of the Arbitrators or ~fediator. Within 14 days of conclusion of Arbitration or .\tediation: Wntten 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. H-lacitJelCilspulc Re$olulloo Pnxalurc ~10B MEMORANDUM Date: April 27, 2006 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract No. 06-3931 "Design and Related Services for the Roadway Capacity Improvements"; Project 60040 Contractor: Stanley Consultants, Inc. Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #10B), approved by the Board of County Commissioners on Tuesday, April 11, 2006. An original has been retained in the Minutes and Records Department and one has also been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) ITEM NO.: P,t!E0rR~~IVIil:O B ..)JUNTY ATTORNt.~ FILE NO.: ROUTED TO: Ob- fJl<C~ oOIf'f~ ZOGb APR 26 AM II: 04 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: April 25, 2006 To: Office of the County Attorney Attention: Robert Zachary From: Rhonda Cummings, Contract Specialist Purchasing Department, Extension 8941 Support Services Division ~~ u Re: Contract: 06-3931 "Design and Related Services for the Roadway Capacity Improvements (Golden Gate Blvd. from Wilson Blvd. to DeSoto Blvd.)", Project 60040 Contractor: Stanley Consultants, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 2006; Agenda Item 10.B. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. I have also attached verification of the signatories. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C-- c...- ~ (.. ,,6 ..-06 (- {; cc: Kevin Dugan, TECM f:...""... . ~10B MEMORANDUM 010 ~-'~~ iIf1t~ 4PR 1 lVto /ilSK S 2006' ,~ FROM: Sheree Mediavilla \) ~ Risk Management Department 0 \- ') J Rhonda Cummings, Contract speciali~tA./fhJ",--- Purchasing Department ~! J TO: DATE: April 25, 2006 RE: Review of Insurance for Contract: 06-3831 "Design and Related Services for the Roadway Capacity Improvements (Golden Gate Blvd. from Wilson Blvd. to DeSoto Blvd.) Project 60040 Contractor: Stanley Consultants, Inc. This Contract was approved by the BCC on April 11 , 2006; Agenda Item 10. B. Please review the Insurance Certificates for the above-referenced contract behind the orange tab. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8941. Gi(. n~o ;jdd IOn ",L L,~~ bILl ') /, (JOG; OCJ Q dod/RC cc: Kevin Dugan, TECM Division of Corporations ~ero B Foreign Profit STANLEY CONSULTANTS, INC. PRINCIPAL ADDRESS 225 IOWA A VENUE MUSCATINE IA 52761 MAILING ADDRESS 225 IOWA AVENUE MUSCATINE IA 52761 Document Number P09744 FEI Number 421320758 Date Filed 04/15/1986 State IA Status ACTIVE Effective Date NONE ~ R dA eglstere .gent I Name & Address I CT CORPORA TION SYSTEM 1200 S PINE ISLAND ROAD PLANT A TION FL 33324 I Name Changed: 03/25/1 992 I I Address Changed 03/25/1992 I Officer/Director Detail I Name & Address II Title I STANLEY, RICHARD H CD c:J 5]6 HOGAN COURT MUSCA TINE IA 52761 REISCHAUER, BENNETT D SVP G 16]0 MULBERRY AVE MUSCATINE IA 52761 THOMOPULOS, GREGS G PD c:J 75 SHAGBARK CT IOWA CITY IA 52246 I II I http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n 1 =P09744&n2=N AMFWD&n3=... 4/25/2006 Division of Corporations rage 2 of2 ~ 10 B MUSCA TINE IA 52761 LJ D c:J ELLIOTT, NANCY D S 719 CENTRE DRIVE MUSCATINE IA 52761 SMITH, RICHARD C T 101 STERLING WOODS CT MUSCATINE 1A 52761 MCDANIEL. KAREN L 702 BARRY A VENUE A lR rt nuua epo s I Report Year II Filed Date I I 2004 II 01/22/2004 I I 2005 II 01/06/2005 I I 2006 II 01!1 0/2006 I No Events No Name History Information Document Images Listed below are the images available for this filing. 01/10/2006 -- ANNUAL REPORT 01/06/2005 -- ANNUAL REPORT 01/22/2004 -- ANNUAL REPORT 01/14/2003 -- COR - ANN REP/UNIFORM BUS REP 02/20/2002 -- ANN REPIUNIFORM BUS REP 02/09/2001 -- ANN REP/UNIFORM BUSREP 03/31/2000 -- ANN REP/UNIFORM BUS REP 03/0 1/1999 -- ANNUAL REPORT 02/05/1998 -- ANNUAL REPORT 05/19/1997 -- ANNUAL REPORT 05/01/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scri pts/cordet.exe?a 1 = DETFIL&n 1 = P097 44&n2= NAMFWD&n3=... 4/25/2006 t i i ~x;""":"" ~ 10 B .... ~ 'Ci? Stanley Consultants INC. A Stanley Group Company Engineering. Environmental and Construction Services - Worldwide April 25, 2006 CORPORATE CERTIFICATE I, Nancy D. Elliott, certify that I am the Secretary of Stanley Consultants, Inc.; that Stanley Consultants, Inc., is an Iowa Corporation in good standing, and that Tshaka E. Dennis is a Vice President, and that Tshaka E. Dennis is duly authorized to execute contracts on behalf of the Corporation by authority of its governing body and such executions are within the scope of its corporate powers. . ~ 't). 'ill.usfu Nancy D. E~ott, Secretary Witness: ~) Bennett D. Reischauer, Sr. Vice President State ofIowa, Muscatine County, ss: On this 25th day of April, 2006, before the undersigned, a Notary Public in and for said County and State, personally appeared Nancy D. Elliott and Bennett D. Reischauer to me personally know, who being by me duly sworn, did say they are Secretary and Senior Vice President of said Corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors; and they acknowledged the execution of said instrument to be their voluntary act and deed as such officers of said Corporation, by it and by them voluntarily executed. ti SHAWN R. KILBURN i .1- CommlI8Ion Number 7043n . . ~ ~on Expires ~~~~.~,~^~ Sliawn R. Kilburn, Notary Public Commission Expires July 31, 2006 Stanley Building. 225 Iowa Avenue. Muscatine. IA 52761 . phone 563.264.6600 . fax 563..264.6658 wwwstanleyconsultants..com ! lOB Contract 06-3931 "Design and Related Services for the Roadway Capacity Improvements" (Golden Gate Boulevard from Wilson Boulevard to DeSoto Boulevard), Project No. 60040 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this .1l!:'day of A fr ~ \ 200Ja, 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 Stanley Consultants, Inc., authorized to do business in the State of Florida, whose business address is 27300 Riverview Center Boulevard, Suite 101, Bonita Springs, FL 34134 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional design and related services of the CONSULTANT concerning roadway capacity improvements (Golden Gate Boulevard from Wilson Boulevard to DeSoto Boulevard) (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; 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. TPA#19536379 PSA NOW, THEREFORE, in consideration of the mutual covenants'and Provisi~s InUJil herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional design and related 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 designates Tshaka E. Dennis, P.E., a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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. Further, the Project Coordinator TPA#19536379 PSA 2 ; ! 10 has full authority to bind and obligate the CONSULTANT on all matters arising out of or r~ating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, 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, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, 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. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. TPA#19536379 PSA 3 , ~10Q 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, ~ or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of- pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services TPA#I953637.9 PSA 4 !10B must be approved in writing via an Amendment to this Agreement prior to starting such 1.....'-, services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. 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 and fault. 2.3 Providing renderings or models for OWNER'S use. TPA#I953637.9 PSA 5 Investigations and studies involving detailed consideration of operations, !aQenace 2.4 and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties 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 CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would TPA#1953637.9 PSA 6 :..10B have the effect, or be interpreted to have the effect, of modifying or changing In any way whatever: (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 Manager 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. TPA#1953637.9 PSA 7 I. ~ 10 B ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone 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 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 claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to TPA#1953637.9 PSA 8 lOB reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 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 the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall TPA# 1953637.9 PSA 9 t.A ,~ lOB be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without reqUiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. 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, or such later date as may be required by law. 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, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or TPA#1953637.9 PSA 10 anyone employed or utilized by the CONSULTANT in the performance of this A9r:me!. 9hiP indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 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 0 to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule 0, must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. TPA# 1953637.9 PSA 11 ~. . t 10 B .. 9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. 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. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. TPA#19536379 PSA 12 i 10 B 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this f.\greement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor TPA#19536379 PSA 13 lOB payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions 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 TPA#1953637.9 PSA 14 and any costs reasonably incurred by CONSULTANT that are drrectly attributablJ.S~hP termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control. 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. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to TPA#1953637.9 PSA 15 j~. 10 B terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. 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, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services TPA#1953637.9 PSA 16 ..... lOB 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, Building G 3301 Tamiami Trail East Naples, Florida 34112 Attention: Stephen Y. Carnell, Purchasing/General Services Director 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: Stanley Consultants, Inc. 27300 Riverview Center Boulevard, Suite 101 Bonita Springs, FL 34134 Attn: Tshaka Dennis, P.E. Telephone: 239-947-1771 Fax: 239-947-1715 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. TPA#1953637.9 PSA 17 lOB ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. TPA#1953637.9 PSA 18 ~10B 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule 0 INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is TPA#1953637.9 PSA 19 ;.10B executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making TPA#1953637.9 PSA 20 ~ 10 B authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1953637.9 PSA 21 J: .... 10 B IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Related Services for the Roadway Capacity Improvements (Golden Gate Boulevard from Wilson Boulevard to DeSoto Boulevard) the day and year first written above. ATTEST: Dwight E. Brockl r;;lerk By; fhw 1~l~I",Q(. Date: 3-a J -Dtn . '. ~tttst .,to CMh.... , ,1 onaturt- Oft 1 ~ BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By; ~>~.::-? " Frank Halas, Chairman Approved as to form and leg~ /( Rob,,,! Zach .:r Assistant County Attorney Stanle Consultants Inc. By: .... .-- c.. Tshaka E. Dennis, Vice President Typed Name and Title ~ .~ . ~---r- _. .:-~_jo Witness .~.---- Brian K. Cummings, Senior Cadd Tech. Item # l.O...ll- ~~~:da y -1\-[0 Date 11 , 11- 0 I . Rec'd 1 V ~L:tLU - Deputy Clerk J a TPA# 1953637.9 PSA 22 5-~ lOB SCHEDULE A SCOPE OF SERVICES CONTENTS 1 PURPOSE 2 PROJECT DESCRIPTION 2.1 Roadway 2.2 Drainage 2.3 Utility Coordination 2.4 Permits - See Attachment 1 SUBCONSUL TANTS (GEl & KLECE) Scope of Work 2.5 Structures 2.6 Signing and Pavement Markings 2.7 Signals 2.8 Lighting 2.9 Landscape Architecture - See Attachment 1 SUBCONSUL TANT (McGee & Associates) Scope of Work 2.10 Survey - See Attachment 1 SUBCONSUL TANT (RWA) Scope of Work 2.11 Photogrammetry - See Attachment 1 SUBCONSUL TANT (RWA) Scope of Work 2.12 Mapping - See Attachment 1 SUBCONSUL TANT (RWA) Scope of Work 2.13 Geotechnical - See Attachment 1 SUBCONSUL TANT (DET) Scope of Work 2.14 Archaeological Surveys (Not applicable for this project) 2.15 Noise Analysis 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements 2.18 Specifications Package 2.19 Project Schedule 2.20 Submittals 2.21 Provisions for Work 2.22 Services to be Performed by the COUNTY 2.23 Real Estate Appraiser - See Attachment 1 SUBCONSUL T ANT (KEN DEVOS) Sope of work 3 PROJECT GENERAL TASKS 3.1 Public Involvement 3.2 Joint Project Agreements 3.3 Specifications Package Preparation 3.4 Contract Maintenance 3.5 Value Engineering (Not applicable to this project) 3.6 Prime Project Manager Meetings 3.7 Coordination Meetings 4 ROADWAY ANALYSIS 4.1 Typical Section Package PSA A-I f. r F;', ..... lOB 4.2 Pavement Design Package 4.3 Access Management 4.4 HorizontalNertical Master Design Files 4.5 Cross Section Design Files 4.6 Traffic Control Analysis 4.7 Master TCP Design Files 4.8 Design Variations and Exceptions. 4.9 Design Report 4.10 Computation Book and Quantities 4.11 Cost Estimate 4.12 Technical Special Provisions 4.13 Other Roadway (Not applicable to this project) 4.14 Field Reviews 4.15 Technical Meetings 4.16 Quality Assurance/Quality Control 4.17 Independent Peer Review (Not applicable to this project) 4.18 Supervision 4.19 Coordination 5 ROADWAY PLANS 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet (Not applicable to this project) 5.9 Bridge Hydraulics Recommendation Sheets 5.10 Summary of Drainage Structures 5.11 Optional Pipe/Culvert Material 5.12 Project Layout (Not applicable to this project) 5.13 Plan/Profile Sheet 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheet (Not applicable to this project) 5.16 Special Profile 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets PSA A-2 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 5.37 5.38 5.39 5.40 5.41 5.42 lOB Drainage Structure Sheet Miscellaneous Drainage Detail Sheets Lateral Ditch Plan/Profile (Will be shown on Roadway Plan and Profile sheets) Lateral Ditch Cross Sections (Will be shown on Roadway Plan and Profile sheets) Retention/Detention Ponds Detail Sheet Retention Pond Cross Sections Cross-Section Pattern Sheet (Not applicable to this project) Roadway Soil Survey Sheet- See Attachment 1 SUBCONSUL TANT (DET) Scope of Work Cross Sections Traffic Control Plan Sheets Traffic Control Cross Section Sheets (Not applicable to this project) Traffic Control Detail Sheets Utility Adjustment Sheets Selective Clearing and Grubbing Erosion Control Plan- See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work SWPPP- See SUBCONSUL TANT (GEl) Scope of Work Project Control Network Sheet Interim Standards (Not applicable to this project) Utility Verification Sheet (SUE Data) (Not applicable to this project) Quality Assurance/Quality Control Supervision 6 DRAINAGE ANALYSIS 6.1 Determine Base Clearance Water Elevation - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.2 Pond Siting Analysis and Report- See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.3 Design of Cross Drains - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.4 Design of Roadway Ditches 6.5 Design of Outfalls - See Attachment 1 SUBCONSUL T ANT (GEl) Scope of Work 6.6 Design of Stormwater Management Facility (Offsite Pond) - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond) - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.10 Optional Culvert Material - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report- See Attachment 1 SUBCONSUL T ANT (GEl) Scope of Work 6.14 Bridge Hydraulic Report 6.15 Cost Estimate - See Attachment 1 SUBCONSUL T ANT (GEl) Scope of Work 6.16 Technical Special Provisions - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work PSA A-3 6.17 6.18 6.19 6.20 6.21 6.22 6.23 ,.~ lOB Other Drainage Analysis (Not applicable to this project) Field Reviews - See Attachment 1 SUBCONSUL TANT (GEl) Scope of Work Technical Meetings Quality Assurance/Quality Control Independent Peer Review (Not applicable to this project) Supervision Coordination 7 UTILITIES 7.1 Kickoff Meeting 7.2 Identify Existing UAO(s) 7.3 Make Utility Contacts 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting 7.6 Individual/Field Meetings 7.7 Collect and Review Plans and Data from UAO(s) 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements 7.11 Utility Coordination/Follow up 7.12 Utility Constructability Review 7.13 Additional Utility Services 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) 7.16 Certification/Close-Out 7.17 Underground Utility Locates/Pot-holing (Additional Services) 8 ENVIRONMENTAL PERMITS 8.1 Preliminary Project Research - See Attachment 1 SUBCONSUL TANTS (KLECE & GEl) Scope of Work 8.2 Complete Permit Involvement Form - See Attachment 1 SUBCONSUL TANTS (KLECE & GEl) Scope of Work 8.3 Establish Wetland Jurisdictional Lines - See Attachment 1 SUBCONSUL TANT (KLECE) Scope of Work 8.4 Agency Verification of Wetland Data - See Attachment 1 SUBCONSUL TANT (KLECE) Scope of Work 8.5 Complete and Submit All Required Permit Applications - See Attachment 1 SUBCONSUL TANTS (KLECE & GEl) Scope of Work 8.6 Prepare Dredge and Fill Sketches - See Attachment 1 SUBCONSUL TANT (KLECE) Scope of Work 8.7 Prepare USCG Permit Sketches 8.8 Prepare Easement Sketches - See Attachment 1 SUBCONSUL TANT (KLECE) Scope of Work 8.9 Prepare Right-Of-Way Occupancy - See Attachment 1 SUBCONSUL TANT (RWA) Scope of Work PSA A-4 · 108 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Temporary Clearing Permit - Work done by COUNTY 8.12 Mitigation Coordination and Meetings - See Attachment 1 SUBCONSUL TANT (KLECE) Scope of Work 8.13 Mitigation Design (Mitigation Banking Assumed) - See Attachment 1 SUBCONSUL TANT (KLECE) Scope of Work 8.14 Environmental Clearances - See Attachment 1 SUBCONSUL TANTS (KLECE & GEl) Scope of Work 8.15 Other Environmental (Phase II and T&E Surveys) (Additional Services) 8.16 Technical Meetings 8.17 Quality Assurance/Quality Control 8.18 Su pervision 8.19 Coordination 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (Not applicable for this project) 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance/Quality Control 9.13 Independent Peer Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT 10.1 Bridge Geometry (One alternative provided) 10.2 Ship Impact Data Collection (Not applicable for this project) 10.3 Ship Impact Criteria (Not applicable for this project) 10.4 Short Span Concrete (Not applicable for this project) 10.5 Medium Span Concrete 10.6 Long Span Concrete and Tasks 10.7 are not applicable for this project 10.8 Pier/Bent Types 10.9 Shallow Foundations (Not applicable for this project) 10.10 Deep Foundations 10.11 Movable Span Geometries and Clearances and Tasks 10.11 - 10.24 are not applicable for this project PSA A-5 10.25 10.26 10.27 10.28 10.29 10.31 10.32 10.33 10.34 10.35 10.36 10.37 10.38 10.39 10AO 10A1 i lOB tN. TCP/Staged Construction Requirements Constructability Requirements Abutment Slope/Wall Evaluation (Not applicable to this project) Quantity and Cost Estimate Quantity and Cost Estimates - movable Span and Tasks 10.30 are not applicable for this project Exhibits Exhibits - Movable Span (Not applicable for this project) Report Preparation Wall Type Justification (Not applicable for this project) BDR Submittal Package General Notes Sheets Plan and Elevation Sheets Construction Staging Superstructure Section Sheets Substructure Section Sheets Movable Span - General Notes Sheets and Task 10A2 - 1 OA8 are not applicable for this project 11 STRUCTURES - TEMPORARY BRIDGE and Tasks 11.1 -11.8 are not applicable for this project 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE and Tasks 12.1 -12.28 are not applicable for this project 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE 13.1 Overall Bridge Final Geometry 13.2 Expansion/Contraction Analysis 13.3 General Plan and Elevation 13A Construction Staging 13.5 Approach Slab Plan and Details 13.6 Miscellaneous Details 13.7 End Bent Geometry 13.8 Wingwall Design and Geometry 13.9 End Bent Structural Design 13.10 End Bent Plan and Elevation 13.11 End Bent Details 13.12 Bent Geometry 13.13 Bent stability Analysis 13.14 Bent Structural Design 13.15 Bent Plan and Elevation 13.16 Bent Details 13.17 Pier Design and Plans and Tasks 13.18 - 13.21 are not applicable for this project 13.22 Foundation Layout 13.23 Fender System (Not applicable for this project) 13.24 Finish Grade Elevation (FGE) Calculations PSA A-6 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.50 13.51 13.52 13.53 1;'1. lOB Finish Grade Elevations Bridge Deck Design Bridge Deck Reinforcing and Concrete Quantities Diaphragm Design/Jacking Loads Superstructure Plan Superstructure Section Miscellaneous Superstructure Details Reinforcing bar List Continuous Concrete Girder Design and Task 13.34 - 13.49 are not applicable for this project Prestressed Beam Prestressed beam Schedules Framing Plan Load Ratings 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and Tasks 14.1 - 14.61 are not applicable for this project 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and Tasks 15.1 -15.78 are not applicable for this project 16 STRUCTURES - MOVABLE SPAN and Tasks 16.1 -16.102 are not applicable for this project 17 STRUCTURES - RETAINING WALL and Tasks 17.1 -17.21 are not applicable for this project 18 STRUCTURES - MISCELLANEOUS Concrete Box Culverts and Tasks 18.1 - 18.2 are not applicable for this project. Strain Poles and Tasks 18.3 - 18.4 are not applicable for this project. Mast Arms 18.5 Mast Arms Overhead/Cantilever Sign Structure and Tasks 18.5 - 18.10 are not applicable for this project. High Mast Light Foundations and Task 18.11 are not applicable for this project. Sound Barrier Walls (Ground Mount) and Tasks 18.12 - 18.18 are not applicable for this project. Special Structures and Task 18.19 are not applicable for this project. 19 SIGNING AND PAVEMENT MARKING ANALYSIS 19.1 Traffic Data Analysis 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File 19.4 Multi-Post Sign Support Calculations 19.5 Sign Panel Design Analysis 19.6 Sign Lighting/Electrical Calculations (Not applicable for this project) 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions PSA A-7 lOB 19.11 Other Signing & Pavement Markings (Not applicable to this project) 19.12 Field Reviews 19.13 Technical Meetings 19.14 Quality Assurance/Quality Control 19.15 Independent Peer Review (Not applicable to this project) 19.16 Supervision 19.17 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS 20.1 Key Sheet 20.2 Summary of Pay Items 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.5 Project Layout (Not applicable for this project) 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS 21.1 Traffic Data Collection - See Attachment 1 SUBCONSULTANT (FTE) Scope of Work 21.2 Traffic Data Analysis - See Attachment 1 SUBCONSUL TANT (FTE) Scope of Work 21.3 Signal Warrant Study - See Attachment 1 SUBCONSUL TANT (FTE) Scope of Work 21.4 Systems Timings - COUNTY 21.5 Reference and Master Signalization Design File 21.6 Reference and Master Interconnect Communication Design File 21.7 Overhead Street Name Sign Design 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report (Not applicable for this project) 21.10 Quantities 21.11 Cost Estimate 21.12 21.13 21.14 21.15 21.16 Technical Special Provisions Other Signalization (not applicable to this project) Field Reviews Technical Meetings Quality Assurance/Quality Control PSA A-8 21.17 Independent Peer Review (Not applicable for this project) 21.18 Supervision 21.19 Coordination 22 SIGNALIZATION PLANS 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site (Not applicable for this project) 22.8 Guide Sign Worksheet 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm/Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Sheet (Not applicable for this project 22.16 Interim Standards 22.17 Quality Assurance/Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS 23.1 Lighting Justification Report (Not applicable for this project) 23.2 Lighting Design Analysis Report 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations 23.5 FDEP Coordination and Report (Not applicable for this project) 23.6 Reference and Master Design Files 23.7 Temporary Lighting (Not applicable for this porject) 23.8 Design Documentation (Includes 23.2 and 23.4) 23.9 Quantities 23.10 Cost Estimate 23.11 Technical Special Provisions 23.12 Other Lighting (Not applicable to this project) 23.13 Field Reviews 23.14 Technical Meetings 23.15 Quality Assurance/Quality Control 23.16 Independent Peer Review (Not applicable for this project) 23.17 Supervision PSA ~"'.. lOB A-9 ..... lOB 23.18 Coordination 24 LIGHTING PLANS 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards 24.13 Quality Assurance/Quality Control 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS and Tasks 25.1 - 25.3,25.6,25.9,25.10,25.12 and 25.13 are not applicable for this project 25.3 Planting Design (as described in section 2.9) 25.4 Irrigation Design (as described in section 2.9) 25.5 Hardscape Design 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.10 Technical Meeting 25.13 Supervision 25.14 Coordination 26 LANDSCAPE ARCHITECTURE PLANS and Tasks 26.1 - 26.15 are not applicable for this project. See Attachment 1 SUBCONSUL T ANT (McGee & Associates) Scope of Work 27 SURVEY and Tasks 27.1 - 27.35 are not applicable for this project as listed. See Attachment 1 SUBCONSUL TANT (RWA) Scope of Work 28 PHOTOGRAMMETRY and Tasks 28.1 - 28.35 are not applicable for this project. See Attachment 1 SUBCONSULTANT (RWA) Scope of Work 29 MAPPING and Tasks 29.1 - 29.25 are not applicable for this project as listed. See Attachment 1 SUBCONSUL T ANT (RWA) Scope of Work 30 GEOTECHNICAL and Tasks 30.1 - 30.52 are not applicable for this project as listed. See Attachment 1 SUBCONSUL TANT (DET) Scope of Work 31 ARCHITECTURE DEVELOPMENT and Tasks 31.1 - 31.155 are not applicable for this project 32. PROJECT REQUIREMENTS 32.1 Liaison Office PSA A-I0 32.2 Key Personnel 32.3 Progress Reporting 32.4 Correspondence 32.5 Professional Endorsement 32.6 Computer Automation 32.7 Coordination With Other Consultants 32.8 Optional Services 33 INVOICING LIMITS PSA I:. lOB ..... A-II ~ 10 B SCOPE OF SERVICES FOR ENGINEERING AND PERMITTING SERVICES This Exhibit forms an integral part of the agreement between the Collier County Government (hereinafter referred to as the COUNTY) and Stanley Consultants, Inc. (hereinafter referred to as the CONSULTANT) relative to the roadway improvement project described as follows: Golden Gate Boulevard (CR 876) from 0.25 miles west of Wilson Boulevard to 0.25 miles east of DeSoto Boulevard, a distance of approximately 6.2 miles. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for . Roadway improvements as described herein. . Bridge/structural improvements as described herein. The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include, but may not be limited to: roadways, structures, intersections, geotechnical activities, surveys, drainage, signing and pavement markings, signalization, lighting, utility design, coordination and relocation, right-of-way maps and legal descriptions, maintenance of traffic, cost estimates, noise analysis, environmental permits, environmental mitigation, quantity computation books, (4) public meetings, six (6) additional meetings with civic groups and others and all necessary incidental items as listed and estimated in this scope of work and attached fee sheet for a complete project. The Scope of Services establishes which items of work described in the Florida Department of Transportation (FOOT) Plans Preparation Manual, Collier County Land Development Code and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. 2 PROJECT DESCRIPTION The CONSULTANT shall investigate the status of the project and become familiar with concepts and commitments (typical sections, alignments, etc.) developed from 4-lane design west of the project and of the planned adjacent projects. PSA A-12 The CONSULTANT shall incorporate the following into the design of this facility: lOB 2.1 Roadway Plan Type: Plan/Profile Typical Section: Design will provide for a four-lane urban roadway within an ultimate six-lane urban section utilizing the existing right of way wherever possible and providing bike lanes and sidewalks adjacent to the outside lane on both sides of the facility. Limits: Golden Gate Boulevard (CR 876) from 0.25 miles west of Wilson Boulevard to 0.25 miles east DeSoto Boulevard, a distance of approximately 6.2 miles. Within this segment, Golden Gate Boulevard from Wilson Boulevard to DeSoto Boulevard will be designed to 100% Plans. The project limits are shown on Table 1 on the following page. Intersections: Improvements of up to three (3) signalized intersections are anticipated within this scope of services: · Golden Gate Boulevard and Wilson Boulevard (Signal Upgrade); · Golden Gate Boulevard and Everglades Boulevard (Signal Upgrade); and · Golden Gate Boulevard and DeSoto Boulevard (New Signal). Traffic Control Plans: Typical Detail Sheets and Phasing Plan Sheets are included in this scope of services. PSA A-13 TABLE 1 - Project Limits I' . lOB Street Name Project Comments Lenath Golden Gate Blvd. 32,900 Survey shall begin 500 feet west of 1 st Street and end 1320 feet east of the DeSoto Blvd. Intersection. 1 st Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. Wilson Blvd. 2,640 Surveying limits for Wilson, Everglades, and DeSoto Blvd.s will be 1320 feet north and south of the centerline of right-of-way for Golden Gate Blvd. 2nd Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 4th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 6th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 8th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. Golden Gate Main Canal 1,200 Cross sections will be collected just south and north of the existing three bridges, then on 50 foot intervals for the next 200 feet north and south, then on 100 foot intervals for the next 200 feet north and south, and then at the next 200 foot interval north and south for a total of 14 cross sections at each bridae. 10th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 12th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 14th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 16th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 18th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 20th Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. 22nd Street 1,000 Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Blvd. each side of the centerline. Miller Canal 1,200 Cross sections will be collected just south and north of the existing three bridges, then on 50 foot intervals for the next 200 feet north and south, then on 100 foot intervals for the next 200 feet north and south, and then at the next 200 foot interval north and south for a total of 14 cross sections at each bridae. Everglades Blvd. 2,640 Surveying limits for Wilson, Everglades, and DeSoto Blvd.s will be 1320 feet north and south of the centerline of right-of-way for Golden Gate Blvd. Faka Union Canal 1,200 Cross sections will be collected just south and north of the existing three bridges, then on 50 foot intervals for the next 200 feet north and south, then on 100 foot intervals for the next 200 feet north and south, and then at the next 200 foot interval north and south for a total of 14 cross sections at each bridqe. DeSoto Blvd. 2,640 Surveying limits for Wilson, Everglades, and DeSoto Blvd.s will be 1320 feet north and south of the centerline of right-of-way for Golden Gate Blvd. Total Project Lengths (feet) Total Project Lengths (mile) 56,420 10.10 PSA A-14 :..10B Post Desiqn Services: Provide necessary plan revisions; Participate in Construction Meetings; Participate in Field Reviews; Respond to Requests for Information (RFI); Evaluate proposed revisions; Review Shop Drawings; Coordinate with adjacent Development; Revise Plan Drawings; SFWMD Certification. These services will be provided per the level of effort shown in the fee schedule. 2.2 Drainage The stormwater system will be designed to meet the permitting requirements of all permitting agencies. Stormwater system design will consider best management practices, open system, closed system, lateral ditches, ponds, exfiltration, etc. or a combination thereof, within or outside the existing right of way. The design of up to four (4) off-site wet detention ponds to treat runoff is anticipated and is included as part of this Scope of Services. Preparation of Bridge Hydraulics Reports for replacement of three bridges over controlled flow canals is included in this scope of services. 2.3 Utility Coordination The CONSULTANT will: · Identify and accurately depict up to six (6) public and private utilities within the project limits based on As-Built information provided by the COUNTY and local utility agency owners (UAO). Survey tasks will locate above ground utilities and facilities such as manholes, valve boxes, etc. Physical underground locates (Pot- holing) of existing utilities are not included in this scope of work and will be negotiated as an Additional Service. · Coordinate with up to six (6) utility owners on this Project. · Identify needs to relocate, modify and/or leave in place. · Design or modifications/relocations of Collier County utilities, such as water, sanitary sewer, reclaimed water, etc. is not anticipated or included in this scope of services and will be considered Additional Services. Other local agency utility relocation/modification is not included in this Scope of Services and will be considered Additional Services. PSA A-15 ~"lOQ CONSULTANT will coordinate the need for additional COUNTY facilities during the des'rrJn process. Design of new County facilities is not included in this Scope of Services and will be considered Additional Services. CONSULTANT shall anticipate additional COUNTY facilities to be incorporated into the plans before the 90% plans submittal stage. Revision of design documents after the 90% stage to include additional County facilities will be considered as Additional Services. 2.4 Permits The CONSULTANT and SUBCONSUL TANTS (GEl and KLECE) will: · Identify all needed permits. · Submit Plans and application to the COUNTY for approval on decisions regarding, or modifications to, permits prior to submittal of applications and designs to the permitting agency. · Obtain all necessary permits including, but not limited to: · Environmental Resource Permit (ERP) from the South Florida Water Management District and the Army Corps of Engineers; and · National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection and the Environmental Protection Agency. The CONSULTANT and SUBCONSUL TANT (GEl & KLECE) will be responsible for ensuring that all required environmental assessments and surveys are performed. Phase II Surveys (Environmental) and Specific Species (T&E) Surveys, as described in section 8.15 if required, will be considered Additional Services A COUNTY representative will be present at all meetings with regulatory agencies. 2.5 Structures The design of up to three (3) medium span concrete bridges is included in this scope of services. The bridges to be designed to carry Golden Gate Boulevard over the following canals: · the Golden Gate Main Canal (Bridge No. 034026) · the Miller Canal (Bridge No. 034028) · the Faka Union Canal (Bridge No. 034030) For each bridge, the typical section, location, length, and other pertinent information to describing the proposed bridge work are as described in sections 9, 10 and 13. The design of up to sixteen (16) mast arm miscellaneous structures is included as part of this Scope of Services. PSA A-16 The design 01 new box culverts, box culvert extensions, miscellaneous 10u~ltatil,Q,egl lighting foundations, sound barrier walls and retaining walls is not included in this Scope of Services. 2.6 Signing and Pavement Markings The CONSULTANT will analyze and design signing and pavement markings. Signing and pavement markings shall be determined during the design process starting after the 30% Plans Submittal. 2.7 Signals This Scope of Services includes the design for three (3) signalized intersections 1. Wilson Boulevard and Golden Gate Boulevard (will be a signal upgrade) 2. Everglades Boulevard and Golden Gate Boulevard (will be a signal upgrade) and 3. DeSoto Boulevard and Golden Gate Boulevard (a new signal will be designed) All signals will be designed as mast arm systems. A Signal Warrant study will be done for the DeSoto Boulevard and Golden Gate Boulevard intersections only and is included in this Scope of Services. Signal Warrants and Signal Designs (in addition to those mentioned above) will be considered Additional Services. PSA A-17 2.8 Lighting ," lOB The CONSULTANT will analyze the need for additional luminescence along this roadway segment, and provide recommendations for street lighting compatible with an ultimate six-lane configuration. Lighting design for this project will be in a manner that is consistent with Collier County design standards. 2.9 Landscape Architecture (to be performed by SUBCONSUL TANT - McGee & Associates) Irriqation Plans: The SUBCONSUL TANT shall design installation of irrigation sleeves in median for areas of future landscaping, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. Hardscape Plans: The SUBCONSUL TANT will specify brick pavers in lieu of concrete median separators, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. 2.10 Survey (see SUBCONSUL TANT, RWA, Inc., Scope of Work) 2.11 Photogrammetry (See SUBCONSUL TANT, RWA, Inc., Scope of Work) 2.12 Mapping (see SUBCONSUL TANT, RWA, Inc., Scope of Work) 2.13 Geotechnical (see SUBCONSUL TANT, Dunkelberger Engineering & Testing, Inc. (DET) Scope of Work) A subsoil investigation plan shall be submitted to the County for approval prior to site investigation. Muck and cap rock conditions are typical to Southwest Florida. Not encountering muck and cap rock is outside the norm in Collier County. The presence of both must be identified and quantified in the soils report for the project. To do this may require additional hand holes in muck and deeper drill holes to penetrate the cap rock and identify the soil layers below than was originally shown in the investigation plan. The Soils Report shall contain a signed statement by the geologist that they have walked the project site and verify to the best of their ability that information provided in the report is representative of what the surface conditions and vegetation suggest would exist below. PSA A-18 ~, 10 B On projects where cap rock will be encountered in the installation of stormwater pipe and other structures, the pay items "Rock Trench Excavation" and "muck removal" (if encountered) shall be provided. 2.14 Archaeological Surveys (not applicable to this project) 2.15 Noise Analysis CONSULTANT will perform a noise analysis and provide recommendations to the COUNTY for noise mitigation. 2.16 Architecture (Not applicable to this project) 2.17 Joint Project Agreements The CONSULTANT shall coordinate the need for joint project agreements if so directed by the COUNTY. Work under this task may include utility design, relocation/modification and shall be considered Additional Services. 2.18 Specifications Package The governing specification shall be the FOOT Standard Specifications for Road and Bridge Construction and supplemented by Collier County specifications. The CONSULTANT shall prepare, sign and seal the project additional specifications package if applicable. 2.19 Project Schedule The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT activities required to meet the completion date for design. The schedule shall indicate, at a minimum, submission dates for 30% Plans, 60% Plans, SFWMO Permit, 90% Plans and 100% Plans. The schedule shall allow two weeks for the COUNTY's review of the 30%, 60%,90% and 100% plans. PSA A-19 10 B The schedule shall provide as a minimum twelve (months) duration to allow for right-of-way acquisition. At the 60% design stage, a constructability review will be conducted by the COUNTY. The CONSULTANT shall submit a construction schedule in Microsoft Project along with the plans at this stage of the design. The construction schedule shall be updated for the submittal at 90% and 100% design stage. The 90% plans shall not be submitted prior to obtaining a notice of intent to permit from the SFWMD. The 100% plans shall not be submitted prior to obtaining a notice of intent to permit from the Jacksonville District USACE. Periodically, throughout the duration of the project, the design schedule shall be reviewed and, with the approval of the COUNTY, adjusted as necessary to incorporate changes in the work concept and progress to date. 2.20 Submittals The CONSULTANT shall furnish plans and documents as required by the COUNTY to adequately control, coordinate, and approve the plans. The CONSULTANT shall provide the COUNTY sets of 11" x 17" design plans for distribution, as follows: . Phase 1: · Phase 2: . Phase 3: · Phase 4: 30% - 10 sets 60% - 10 sets 90% - 12 sets 1 00% - 12 sets The Consultant shall furnish a camera ready set of signed/sealed plans and specifications to the County at Phase IV completion, a set of signed/sealed "As-Built" plans for construction, and a set of signed/sealed plans to the County Attorney's office for use in court. All electronic (digital) files of final plans and specifications will be submitted to the County on CD. The size of the final plans shall be 11" x 17". All electronic (digital) files of final plans and specifications will be submitted to the County on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional Microstation (.dgn) software format, and also plotted or scanned to an Adobe Acrobat (.pdf) format. Furnishing electronic copy of CADD drawings in format other than Bentley's Microstation will be considered Additional Services. PSA A-20 2.21 Provisions for Work lOB All maps, plans and designs are to be prepared with English values in accordance with all applicable current COUNTY and FOOT manuals, memorandums, guidelines. 2.22 Services to be performed by the COUNTY 1. When appropriate, the COUNTY will provide those services and materials as set forth below: Regarding Environmental Permitting Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract; b) Provide the appropriate signatures on application forms. c) Provide temporary clearing permit for the mobilization of the geotechnical engineer. 2. Provide the appropriate letters of authorization designating the CONSULTANT as an agent of the COUNTY. 3. Provide all fees associated with permit submittals. 4. The COUNTY will provide design traffic for the corridor to be used by the CONSULTANT for alternatives analysis, signalization and queue length determinations. 5. The COUNTY shall perform two (2) separate Safety Audits as part of this project, one prior to 30% Submittal and one immediately following the 60% Submittal. 6. Provide reviews of project plans during the various stages of plan development within schedule. 7. All future information that may come to the COUNTY during the term of the CONSULTANT's Agreement and which in the opinion of the COUNTY is necessary to the prosecution of the work. This includes all submitted new PUO's and ORI's. 8. Project data currently on file. 9. County standards - LOC, specifications and review services. 10. All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. PSA A-21 "" lOB 11. All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right-of-way. 12. Existing right-of-way maps. 13. Existing roadway and bridge plans. 14. Provide rights of entry authorization for private properties within the project limits. 15. Property values for parcels designated by the CONSULTANT for potential acquisition. 16. Completed front-end construction document sections required for bidding and construction. 2.23 Real Estate Appraisal (to be performed by SUBCONSUL TANT Ken Devos. MAl, SRA). The SUBCONSUL TANT will provide property appraisal services to assist with right-of way acquisition impacts and costs. In addition, the SUBCONSUL TANT will monitor the properties along the corridor to see which are up for sale so that parcels required for off-site ponds can be acquired early. 3 PROJECT GENERAL TASKS Project General Tasks are applicable to the project as a whole and are described in Sections 3.1 through 3.6 of this Scope of Services. Project Common Tasks These tasks are applicable to most activities of the project included in this Scope of Work as identified in Sections 4 through 33. Proiect Research: The CONSULTANT shall perform research of existing PUD and DRI documents for developments adjacent to the project for commitments regarding Right-of-way, Stormwater Management, Roadway Improvements, or any other commitments involving the interests of the COUNTY. The CONSULTANT shall anticipate up to six (6) PUD's or DRI's approved by the COUNTY to be incorporated into the plans prior to the 90% plans submittal stage of this contract. After the 90% plans submittal incorporating additional PUD's or DRI shall be considered Additional Services. PSA A-22 Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimat~ag B reviewing and updating the cost estimate at project milestones - 30%, 60%, 90% and 100%. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction (2004) and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Technical Special Provisions will be developed using Microsoft Word (.doc). Furnishing electronic copy in a format other than Microsoft Word or Adobe Acrobat (.pdf) will be considered Additional Services. Field Reviews: Includes all trips required to obtain necessary data for all elements of the project identified in this scope of work. Technical Meetinqs: Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, progress review meetings (phase review), and miscellaneous meetings. Qualitv Assurance/Qualitv Control: It is the intention of the COUNTY that the design CONSULTANT is held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANT's plans follow applicable plan preparation procedures outlined in the FOOT Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept, and that the CONSULTANT submittals are complete. PSA A-23 lDB The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, through all stages of design and project construction, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other services furnished by the CONSULTANT under this contract. Requests for Information (RFl's) from the COUNTY or the project's construction contractor regarding plan or specification deficiencies, ambiguities or conflicts shall be resolved to the satisfaction of the COUNTY. Independent Peer Review: Independent Peer Reviews are not required. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. 3.1 Public Involvement Public involvement is an important aspect of the project development process. Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. Property owners adjacent to project shall be kept informed about the project. Up to four (4) Public Meetings will be held on this project, one after each design phase, with the last being a Construction Kick-off Meeting. In addition, the CONSULTANT and COUNTY staff will meet with civic groups and others on an individual basis, as needed, to discuss the project. The CONSULTANT shall anticipate participation in up to six (6) additional meetings for this purpose with minimal staff involvement. This work is included in the Scope of Services. 3.2 Joint Project Agreements This scope of work includes the preparation of Joint Project Agreements as described in Section 2.17. If the COUNTY wishes to pursue a JPA, this will be considered an Additional Service. 3.3 Specifications Package Preparation PSA A-24 108 The CONSULTANT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions, for all items and areas of work. The CONSULTANT will provide the necessary workbook and electronic files, in Microsoft Word 2003 (or later) format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. Furnishing electronic copy in a format other than Microsoft Word or Adobe Acrobat (.pdt) will be considered Additional Services. The specification package shall be based on the 2004 edition of FOOT's Standard Specifications for Road and Bridge Construction as modified by COUNTY specification requirements. The specification package may include Special Provisions or Supplemental Specifications as directed by the COUNTY. The COUNTY will provide the completed front-end contract document sections. The FOOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to control project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY, prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submitted to the COUNTY for initial review at the time of the 100% plan review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The specification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal does not require signing and sealing. Submittal material shall consist of the following items: Electronic version (Microsoft Word 2003 or later) of the specifications package The Final submittal shall be signed, dated and sealed in accordance with applicable Florida Statutes. The submittal materials shall consist of the same as those submitted for the initial review by the COU NTY. 3.4 Contract Maintenance PSA A-25 Includes project management effort for complete setup and maintenance of f;S, IvQpiij monthly progress reports, schedule updates, work effort to develop and execute SUBCONSUL TANT agreements, etc. 3.5 Coordination Meetings Prior to printing of the review plans at each of the 30%, 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting. The CONSULTANT will provide County Staff with review "draft" copies of the plans drawings (if requested by the County) two weeks in advance of the coordination meeting. The meeting will be conducted to provide input into the design prior to printing it for full review. The CONSULTANT will present the project to County Staff and a discussion will take place on what are understood to be the key issues. The goals of the meeting are to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at the public presentations. 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager Staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel time. Meetings required for each Activity are included in the meetings section for that specific Activity. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package Early in the 30% design phase the CONSULTANT shall provide a Typical Section Package for approval by COUNTY prior to the 30% plans submittal. 4.2 Pavement Design Package The CONSULTANT shall provide a Pavement Design Package at the 30% plans submittal date. The COUNTY shall approve the Pavement Design prior to proceeding with the 60% design. PSA A-26 4.3 Access Management lOB The CONSULTANT shall incorporate access management standards for each project in coordination with COUNTY staff. The CONSULTANT shall review adopted access management standards and the existing access conditions (signalized intersection spacing, median opening spacing, and connection spacing). Median openings that will be closed, relocated, or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the 30% plans submittal. The COUNTY shall provide access management classification information to be used by the CONSULTANT immediately following Notice to Proceed. Access Management will adhere to Collier County Access Class 2 wherever possible but will adhere to Access Class 3 as a minimum requirement. The COUNTY shall perform two (2) separate Safety Audits as part of this project, one prior to 30% Submittal and one immediately following the 60% Submittal. 4.4 HorizontalNertical Master Design Files The CONSULTANT shall design the geometries using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management and scope of work. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the FDOT CADD manual. 4.6 Traffic Control Analysis PSA A-27 The CONSULTANT shall design a safe and effective Conceptual Traffic Control p~asinfpQ tB move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. This will be the responsibility of the Contractor and will be noted in the Contract Documents. The CONSULTANT shall investigate the need for temporary traffic signals, temporary lighting, and the use of materials such as sheet piling in the analysis. The Conceptual Traffic Control Plan shall be prepared by a certified designer who has completed training and is certified by the FOOT. Prior to proceeding with the Conceptual Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the Preliminary and Final Conceptual Traffic Control Plan efforts. The Contractor will be responsible for providing a detailed maintenance of traffic scheme in accordance with FOOT Criteria. 4.7 Master TCP Design Files The Consultant shall prepare Conceptual Traffic Control Plans to be utilized by the Contractor as a reference for Bidding Purposes. The Contractor will be responsible for providing a full Traffic Control Plan per FOOT Standards, Signed and Sealed by a Florida Professional Engineer. 4.8 Design Variations and Exceptions. The CONSULTANT will be required to prepare Design Variations or Exceptions as required for design of the project. Up to three (3) Design Variations or Exceptions are anticipated. 4.9 Design Report The CONSULTANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. PSA A-28 lOB The design notes, data, and computations shall be recorded on size 8'Y:1"x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8'Y:1"x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book per the FOOT Basis of Estimate Manual and pay item structure, and provide various summaries of quantities sheets. This includes all efforts required to develop the Computation Book and the supporting documentation, including estimated construction days when required. 4.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 4.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine (9) sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 4.13 Field Reviews PSA A-29 Includes all trips required to obtain necessary data for all elements of the rO~dwa}aQYs8 identified in this scope of work. 4.14 Technical Meetings Includes meetings with the COUNTY and/or Agency staff, between disciplines and SUBCONSUL TANTS, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the roadway analysis identified in this scope of work. 4.15 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 4.16 Independent Peer Review-(Not applicable to this project) 4.17 Supervision Includes all efforts required to supervise all technical design activities. 4.18 Coordination Includes efforts to coordinate all elements of the roadway analysis to produce a final set of construction documents. 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, notes, and details as shown in Table 2 - Anticipated Plan Sheets. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 5.1 Key Sheets 5.2 Summary of Pay Items Sheets (Including Quantity Input) 5.3 Drainage Map Sheets 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets PSA A-30 5.6 General Notes/Pay Item Notes Sheets 5.7 Summary of Quantities Sheets 5.8 Box Culvert Data Sheet (Not applicable for this project) 5.9 Bridge Hydraulics Recommendation Sheets 5.10 Summary of Drainage Structures Sheets 5.11 Optional Pipe/Culvert Material Sheet 5.12 Project Layout Sheets (Not applicable for this project) 5.13 Plan/Profile Sheets 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheet (Not applicable to this project) 5.16 Special Profile Sheets 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details Sheets (include plateauing of three major intersections) 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheets 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan/Profile (N/A, shown on roadway plan and profile sheets) 5.25 Lateral Ditch Cross Sections Sheets (N/A, shown roadway cross section sheets) 5.26 Retention/Detention Ponds Detail Sheets 5.27 Retention/Detention Ponds Cross Sections Sheets 5.28 Cross-Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheets 5.30 Cross Sections Sheets PSA f'~" lOB A-31 5.31 Conceptual Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets (Not applicable to this project) 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing Sheets (N/A, shown on Retention/Detention Pond sheets) -lOB 5.36 Erosion Control Plan Sheets 5.37 SWPPP Sheets 5.38 Project Control Network Sheet 5.39 Interim Standards Sheets 5.40 Utility Verification Sheet (SUE Data) Sheets (N/A, information shown on other sheets) 5.41 Quality Assurance/Quality Control 5.42 Supervision PSA A-32 .:.. lOB TABLE 2 - Anticipated Plan Sheets Phase Stanley 30% 60% 90% 100% Key Sheet P P C F Summary of Pay Items C F Drainaqe Maps P P C F Typical Sections P P C F General Notes/Pay Items Notes C F Bridge Hydraulic Recommendation Sheet P C F Summary of Quantities C F Summary of Drainage Structures C F Optional Pipe/Culvert Material C F Proiect Layout (Omit Sheet) Roadway Analysis P C F Roadway Plan and Profile (7.7 mi) P P C F TCP Detail & General Notes P Proiect Network Control P P C F Special Profile P C F Intersection Layout/Detail P C F Miscellaneous Detail P C F Drainaqe Structures P C F Retention/Detention Ponds P C F Retention Pond Cross Section P C F Roadway Soil Survey P C F Cross Sections P C F Conceptual Traffic Control Plans P Utility Adiustment Plans P C F Selective Clearinq and Grubbinq P C F Erosion Control Plan C F SWPPP C F Utility Verification (SUE Data) C F Noise Analysis & Report P F Structural Plans Set P P C F Miscellaneous Structures Plans P C F Signing & Marking Analysis P F Siqninq and Pavement Markinq Plans C F Siqnal Analysis C F Signalization Plans C F Liqhtinq Analysis & Reports P C F Liqhting Plans C F Landscape Plans C F Right-of-Way Maps (By Others) P P C F Computation Book C F Specifications C F Bid Schedule F Public Involvement P P C F QA/QC P P C F Supervision P P C F Coordination P P C F PSA A-33 lOB 6 DRAINAGE ANALYSIS The SUBCONSUL TANT (Gulfshore Engineering, Inc.) shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The SUBCONSUL TANT shall make drainage design recommendations to the COUNTY for the type of drainage system that should be used for the project, i.e., closed-drainage system and/or open roadside ditches. Once the drainage system is accepted and approved by the SFWMD, and the Notice of Intent to Permit from SFWMD is received, any changes to the system, requested by the COUNTY, shall be considered as Additional Services. The SUBCONSUL TANT is responsible for designing a drainage and stormwater management system that complies with the requirements of the appropriate regulatory agencies (SFWMD) and the FDOT's Drainage Manual. The CONSULTANT and SUBCONSUL TANT shall coordinate fully with the appropriate permitting agencies and COUNTY staff. All activities and submittals should be coordinated through the COUNTY's Project Manager. The SUBCONSUL TANT work will include the engineering analyses for any or all of the following: 6.1 Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above- mentioned surface waters. 6.2 Pond Siting Analysis and Report Evaluate pond sites using a preliminary hydrologic analysis. Document the results and coordination for all of the project's pond site analyses. The FDOT Drainage Manual provides specific documentation requirements. 6.3 Design of Cross Drains PSA A-34 ~,... lOa Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls. (Pond outlet structure included in task 6.6) 6.6 Design of Stormwater Management Facility (Offsite Pond) The design of up to four (4) stormwater management facilities to meet requirements for stormwater quality treatment and attenuation are anticipated. Additional ponds will be considered additional services. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditches as Linear Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.8 Design of Flood Plain Compensation Area (Not applicable to this project) 6.9 Design of Storm Drains Develop drainage maps; determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material Perform Optional pipe material analysis based on corrosion analysis provided by the SUBCONSUL TANT (DET). 6.11 French Drain Design (Not applicable to this project) PSi\. A-35 lOB 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis Report. 6.14 Bridge Hydraulic Report The CONSULTANT shall prepare a Bridge Hydraulic Report for three (3) bridges that cross controlled flow canals. 6.15 Cost Estimate The CONSULTANT and SUBCONSUL TANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal 6.16 Technical Special Provisions The CONSULTANT and SUBCONSUL TANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 6.17 Field Reviews PSA A-36 If>i.. lOB Includes all trips required to obtain necessary data for all elements of the drainage analysis identified in this scope of work. 6.18 Technical Meetings Includes meetings with the COUNTY and/or Agency staff, between disciplines, CONSULTANT and SUBCONSUL TANTS, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the drainage analysis. 6.19 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 6.20 Independent Peer Review (Not applicable to this project) 6.21 Supervision Includes all efforts required to supervise all technical design activities. 6.22 Coordination Includes efforts to coordinate all elements of the drainage analysis of the project to produce a final set of construction documents. 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) verifying that no conflicts exist between utility facilities and the COUNTY's construction project. 7.1 Kickoff Meeting Prior to any contact with the UAO(s), the CONSULTANT shall meet with the Collier County Utility Department to receive guidance, as may be required, to assure that all necessary coordination will be accomplished in accordance with COUNTY procedures. CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Existing UAO(s) PSA A-37 /;-. lOB M.. Identify up to six (6) utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Design Location Survey, and Existing Plans. 7.3 Make Utility Contacts First Contact: Send letters and two sets of plans to each utility. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of four (4) weeks prior to the meeting, the CONSULTANT shall transmit two (2) complete sets of Phase II plans to each UAO having facilities located within the project limits, and one (1) set to the COUNTY Offices. 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all identified UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) PSA A-38 Irl"', lOB CONSULTANT shall make determinations (Compensable Interest, Easements, Coordinate, Analyze); ensure information (utility type, material and size) is sent to the designer for inclusion in the plans; and coordinate programming of funds. 7.8 Subordination of Easements Coordination (Not applicable for this project) 7.9 Utility Design Meeting At a minimum of three (3) weeks prior to the meeting, the CONSULTANT shall transmit two (2) complete sets of the 60% plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices as required by the COUNTY. The CONSULTANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all UAO(s) that are identified. The CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review and comment if required by the COUNTY. 7.11 Utility Coordination/Follow up PSA A-39 -----,-",....' l'Kl.. 108 The Design Consultant shall insure FOOT standards, policies, procedures, and design criteria are followed concerning utility coordination. The FOOT standards, policies, procedures, and design criteria are contained in the current adopted Design Standards, Standard Specifications for Road and Bridge Construction, Rule 14-46.001 (Utility Accommodation Manual), Utility User's Guide, and any Supplemental Specification, Provision, or Agreement attached to this Contract. The Design Consultant may employ more than one individual or utility engineering consultant to provide utility coordination and engineering design expertise. The Design Consultant shall identify a dedicated person responsible for managing all utility coordination activities. This person shall be contractually referred to as the Utility Coordination Manager and shall be identified in the Design Consultant proposal. The Utility Coordination Manager shall be required to satisfactorily demonstrate to the COUNTY that they have the following knowledge, skills, and expertise: 1. A minimum of 4 years of experience performing utility coordination in accordance with FOOT, FHWA, and ASHTO standards, policies, and procedures. 2. A thorough knowledge of the FOOT plans production process and District utility coordination practices. 3. A thorough knowledge of FOOT agreements, standards, policies, and procedures. The Utility Coordination Manager shall be responsible for, but not limited to, the following: 1. Making sure Utility Coordination and design is conducted in accordance to the FOOT, FHWA, and ASHTO standards, policies, procedures, and design criteria. 2. Assisting the engineer of record in identifying all existing utilities and coordinating any new installations. 3. Scheduling and performing utility coordination meetings, keeping and distribution of minutes/action items of all utility meetings, and ensuring expedient follow-up on all unresolved issues. 4. Distributing all plans, conflict matrixes and changes to affected utility owners and making sure this information is properly coordinated. 5. Identifying and coordinating the completion of any FOOT or utility owner agreement that is required for reimbursement, or accommodation of the utility facilities associated with the project. 6. Assisting the Engineer of Record with resolving utility conflicts. 7. Review and certify to the COUNTY that all Utility Work Schedules are correct and in accordance with the FOOT's standards, policies, and procedures. 8. Prepare, review and process all utility related reimbursable issues inclusive of betterment and salvage determination. PSA A-40 A: 10 B lIfIA, 9. The Consultant's utility coordination work shall be preformed and directed by the identified Utility Coordination Manager that was identified and approved by the COUNTY. Any proposed change, of the approved Utility Coordination Manager, shall be subject to review and approval by the COUNTY prior to any change being made in this contract. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. Coordinate with construction office 7.13 Additional Utility Services CONSULTANT will prepare a utility conflict matrix based upon information supplied by the UAO(s). Coordinate WH requirements with SUE CONSULTANT hired by the COUNTY. 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project) 7.15 Contract Plans to UAO(s) This includes transmittal of the contract plans as processed for letting. Transmittals to UAO(s) are by certified mail, return receipt requested. 7.16 Certification/Close-Out This includes hours for transmitting utility files to the County Utility Department and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on-site inspection was made and no utility work will be involved. OR PSA A-41 - u lOB Plans were sent to the Utility Companies/Agencies and no utility work is required. 8 ENVIRONMENTAL PERMITS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Permit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on all permit related correspondence and meetings. 8.1 Preliminary Project Research The SUBCONSUL TANT, Kevin L. Erwin Consulting Ecologist, Inc. (KLECE), shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form The SUBCONSUL TANT (KLECE) shall document permit involvement in coordination with the COUNTY Environmental Permit Coordinator and COUNTY Project Manager. To be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines The SUBCONSUL TANT (KLECE) shall collect all data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. The SUBCONSUL TANT (KLECE) shall be responsible for, but not limited to, the following activities: · Determine landward extent of state waters as defined in Chapter 62-340 FAC as ratified in Section 373.4211 FS · Determine the jurisdictional boundaries of wetlands and surface waters within the project limits as defined by rules or regulations of any other permitting authority that is processing a COUNTY permit application. · Prepare aerial maps showing the jurisdictional boundaries of wetlands and surface waters within the project limits. Aerial maps shall be reproducible, of a scale no greater than 1 "=200' and be recent photography. The maps shall show the jurisdictional limits of each agency. Xerox copies of aerials are not acceptable. · Acquire written verification of jurisdictional lines from the appropriate environmental agencIes. PSA A-42 - "rOB · Prepare a written assessment of the current condition and relative value of the function being performed by wetlands and surface waters within the project limits. · Prepare data in tabular form which includes 10 number for each wetland impacted, size of wetland to be impacted, type of impact and identify any wetland within the project limits that will not be impacted by the project. 8.4 Agency Verification of Wetland Data The SUBCONSUL TANT (KLECE) shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The SUBCONSUL TANT (KLECE) shall prepare permit packages as identified in the Project Description section 2.4. The SUBCONSUL TANT (KLECE) shall collect all of the data and information necessary to obtain the environmental permits required to construct a project. The SUBCONSUL TANT (KLECE) shall prepare each permit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific permit and/or authorization to perform work. 8.6 The CONSULTANT shall prepare Dredge and Fill Sketches to meet the permitting agency criteria based on information provided by the SUBCONSUL T ANT (KLECE). 8.7 Prepare USCG Permit Sketches The SUBCONSUL TANT shall prepare USGS Permit Sketches to meet the permitting agency criteria for the navigation of small craft used by the SFWMD to maintain the canals. This will be considered an additional service if required. 8.8 The SUBCONSUL TANT (RWA) shall prepare Easement Sketches to meet the permitting agency criteria based on information provided by SUBCONSUL TANT (KLECE). 8.9 The SUBCONSUL TANT (RWA) shall prepare Right-Of-Way Occupancy Sketches 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketches (Not applicable for this project) 8.11 Prepare temporary clearing permit (COUNTY) PSA A-43 8.12 Mitigation Coordination and Meetings lOB The SUBCONSUL TANT (KLECE) shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. The COUNTY and SUBCONSUL TANT will agree on a mitigation course of action. SUBCONSUL TANT will then be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.13 Mitigation Design If wetland impacts cannot be avoided, the SUBCONSUL TANT (KLECE) shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Permit applications. This scope of work and fee assumes mitigation banking. Prior to the development of alternatives, the SUBCONSUL TANT (KLECE) shall meet with the COUNTY Project Manager to determine the COUNTY's policies in proposing mitigation. The SUBCONSUL TANT (KLECE) shall proceed in the development of a mitigation plan based upon the general guidelines provided by the COUNTY. The SUBCONSUL TANT (KLECE), will be directed by the COUNTY to investigate the following methods of mitigation: . Payment to DEPIWMD per acre of wetlands impacted as defined in CH 373.4137 FS . Monetary participation in offsite regional mitigation plans . Monetary participation in a private mitigation bank 8.14 Environmental Clearances The SUBCONSUL TANT (KLECE) shall prepare clearances for the following: Noise Analvsis: The CONSULTANT shall analyze the noise impacts the proposed improvements will have on the properties adjacent to the project. Wetland Impact Analvsis: The SUBCONSUL TANT (KLECE) shall analyze the impacts to wetlands for the pond and/or mitigation sites and complete the Wetlands Evaluation Report. PSA A-44 rti.:.. 10 B Wildlife and Habitat Impact Analvsis: The SUBCONSUL TANT (KLECE) shall collect data necessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. These Services do not include a Phase II Environmental Survey of Specific T&E Species. If required, a Specific Species Survey will be performed and will be considered Additional Services. 8.15 Technical Meetings Includes meetings with the COUNTY and/or Agency staff, between disciplines, CONSULTANT and SUBCONSUL TANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the environmental analysis. 8.16 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 8.17 Supervision Includes all efforts required to supervise all technical design activities. 8.18 Coordination Includes efforts to coordinate all elements of the environmental analysis of the project to produce a final set of construction documents. 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS The CONSULTANT shall analyze and design structures in accordance with applicable provisions as defined in Section 2.19, Provisions for Work. Individual tasks identified in Sections 9 through 18 are defined in the Staff Hour Estimation Handbook and within the provision defined in Section 2.19, Provisions for Work. Contract documents shall display economical solutions for the given conditions. PSA A-45 w..c 10 B The CONSULTANT shall provide Design Documentation to the COUNTY with the structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8W'x11" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida- registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings 9.2 Project Layout 9.3 General Notes and Bid Item Notes 9.4 Incorporate Florida Department of Transportation Standards 9.5 Incorporate Report of Core Borings 9.6 Existing Bridge Plans (Not applicable to this project) 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Meetings 9.12 Quality Assurance/Quality Control 9.13 Independent Peer Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT The Consultant shall prepare a Bridge Development Report (BDR). The BDR shall be submitted as part of the 30% Submittal. PSA A-46 General Requirements 10.1 Bridge Geometry 10.2 Ship Impact Data Collection (Not applicable for this project) 10.3 Ship Impact Criteria (Not applicable for this project) Superstructure Alternatives 10.4 Short-Span Concrete (Not applicable for this project) 10.5 Medium-Span Concrete 10.6 Long Span Concrete (Not applicable for this project) 10.7 Structural Steel (Not applicable for this project) Foundation and Substructure Alternatives 10.8 Pier/Bent Types 10.9 Shallow Foundations (Not applicable for this project) 10.10 Deep Foundations Movable Span and Tasks 10.11 - 10.23 are not applicable for this project. Other BDR Issues 10.24 Aesthetics (Not applicable for this project) 10.25 TCP/Staged Construction Requirements 10.26 Constructability Requirements 10.27 Abutment SlopelWall Evaluation (Not applicable for this project) 10.28 Quantity and Cost Estimates 10.29 Quantity and Cost Estimates - Movable Span (Not applicable for this project) 10.30 Wall Type Justification (Not applicable for this project) Report Preparation 10.31 Exhibits 10.32 Exhibits - Movable Span (Not applicable for this project) PSA '10B A-47 10.33 Report Preparation 10.34 Report Preparation - Movable Span (Not applicable for this project) -10 B 10.35 BDR Submittal Package Preliminary Plans 10.36 General Notes Sheets 10.37 Plan and Elevation Sheets 10.38 Construction Staging 10.39 Superstructure Section Sheets 10.40 Substructure Section Sheets 10.41 Movable Span - General Notes Sheets (Not applicable for this project) 10.42 Movable Span - Plan and Elevation Sheets (Not applicable for this project) 10.43 Movable Span - Clearance Diagram (Not applicable for this project) 10.44 Movable Span - Bascule Pier Layouts (Not applicable for this project) 10.45 Movable Span - Bascule Leaf Section (Not applicable for this project) 10.46 Movable Span - Bascule Leaf Framing Plan (Not applicable for this project) 10.4 7 Movable Span - Machinery Layouts (Not applicable for this project) 10.48 Movable Span - Control Logic Diagram (Not applicable for this project) 11 STRUCTURES - TEMPORARY BRIDGE and Tasks 11.1 - 11.8 are not applicable for this project. 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE and Tasks 12.1 - 12.28 are not applicable for this project. 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE The CONSULTANT shall prepare plans for Medium Span Concrete Bridge(s) at the location(s) specified in Section 2.5. General Layout Design and Plans 13.1 Overall Bridge Final Geometry PSA A-48 ...... lOB 13.2 Expansion/Contraction Analysis 13.3 General Plan and Elevation 13.4 Construction Staging 13.5 Approach Slab Plan and Details 13.6 Miscellaneous Details End Bent Design and Plans 13.7 End Bent Geometry 13.8 Wingwall Design and Geometry 13.9 End Bent Structural Design 13.10 End Bent Plan and Elevation 13.11 End Bent Details Intermediate End Bent Design and Plans 13.12 Bent Geometry 13.13 Bent Stability Analysis 13.14 Bent Structural Design 13.15 Bent Plan and Elevation 13.16 Bent Details Pier Desiqn and Plans and Tasks 13.17 - 13.21 are not applicable for this project. Miscellaneous Substructure Design and Plans 13.22 Foundation Layout 13.23 Fender System (Not applicable for this project) Superstructure Deck Design and Plans 13.24 Finish Grade Elevation (FGE) Calculation 13.25 Finish Grade Elevations 13.26 Bridge Deck Design PSA A-49 13.27 Bridge Deck Reinforcing and Concrete Quantities 13.28 Diaphragm Design/Jacking Loads 13.29 Superstructure Plan 13.30 Superstructure Section 13.31 Miscellaneous Superstructure Details Reinforcing Bar Lists 13.32 Reinforcing Bar List Continuous Concrete Girder Desiqn and Tasks 13.33 - 13.49 are not applicable for this project. Simple Span Concrete Design 13.50 Pre-stressed Beam 13.51 Pre-stressed Beam Schedules 13.52 Framing Plan Load Rating 13.53 Load Ratings 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and Tasks 14.1 - 14. 61 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and Tasks 15.1 - 15.78 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and Tasks 16.1 - 16.102 are not applicable for this project. 17 STRUCTURES - RETAINING WALL and Tasks 17.1 - 17.21 are not applicable for this project. 18 STRUCTURES - MISCELLANEOUS The CONSULTANT shall prepare plans for Miscellaneous Structure(s) as specified in Section 2.5. Concrete Box Culverts 18.1 Concrete Box Culverts and tasks 18.1 - 18.2 are not applicable for this project. Strain Poles and Tasks 18.3 - 18.4 are not applicable for this project. PSA lOB A-50 Mast Arms 18.5 Mast Arms Overhead/Cantilever SiQn Structure and tasks 18.5 - 18.10 are not applicable for this project. lOB HiQh Mast LiQht Foundations and task 18.11 is not applicable for this project. Sound Barrier Walls (Ground Mount) and tasks 18.12 - 18.18 are not applicable for this project. If the Noise Analysis indicates that a Sound Barrier Wall is required, structural design of the Sound Barrier Wall will be considered Additional Services. Special Structures and task 18.19 is not applicable for this project. 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis The CONSULTANT shall review the approved typical section package, traffic technical memorandum and proposed geometric design alignment to identify proposed sign placements and roadway markings. 19.2 No Passing Zone Study (Not applicable for this project) 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include all necessary design elements and all associated reference files. 19.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FOOT Multi-Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations PSA A-51 lOB Includes the verification of photometrics on lighted signs, load center and voltage drop calculations. (Not applicable for this project) 19.7 Quantities Includes all work required to determine the quantities of each plan sheet. 19.8 Computation Book The CONSULTANT shall prepare the Computation Book. This includes all efforts required to develop the Computation Book and the supporting documentation. 19.9 Cost Estimates The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 19.10 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 19.11 Other Signing and Pavement Marking Additional signing and pavement markings not identified in this basic scope of services shall be considered Additional Services. PSA A-52 19.12 Field Reviews lOB Includes all trips required to obtain necessary data for all elements of the signing and pavement marking analysis. 19.13 Technical Meetings Includes meetings with the COUNTY and/or Agency staff, between disciplines, CONSULTANT and SUBCONSUL TANT, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signing and pavement marking analysis. 19.14 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 19.15 Independent Peer Review (Not applicable to this project) 19.16 Supervision Includes all efforts required to supervise all technical design activities. 19.17 Coordination Includes efforts to coordinate all elements of the Signing and Pavement Marking analysis of the project to produce a final set of construction documents. 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet 20.2 Summary of Pay Items (N/A, quantities shown on the roadway summary of pay item sheets) 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes PSA A-53 20.5 Project Layout (Not applicable for this project) 20.6 Plan Sheets 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervision lOB 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 21.1 Traffic Data Collection The SUBCONSUL TANT, Florida Transportation Engineers (FTE), Inc., will provide traffic data required for the determination of the lane configurations and required turn lanes lengths. This scope of work includes effort for traffic data collection, including crash reports, 24 hr. machine counts, 8 hr. turning movement counts, 7 day machine counts, and speed & delay studies. 21.2 Traffic Data Analysis The SUBCONSUL TANT shall determine signal operation plan, intersection geometry, local signal timings, pre-emption phasing & timings, forecasting traffic, and intersection analysis run. 21.3 Signal Warrant Study The SUBCONSUL TANT shall perform a signal warrant study for the intersection for Golden Gate Boulevard and DeSoto Boulevard. 21.4 Systems Timings PSA A-54 Timings will be performed by the COUNTY. 21.5 Reference and Master Signalization Design File The CONSULTANT shall prepare the Signalization Design file to include all necessary design elements and all associated reference files. lOB 21.6 Reference and Master Interconnect Communication Design File The CONSULTANT shall prepare the Interconnect Communication Design file to include all necessary design elements and all associated reference files. 21.7 Overhead Street Name Sign Design The CONSULTANT shall design Signal Mounted Overhead Street Name signs. 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report (Not applicable for this project) 21.10 Quantities Includes all work required to determine the quantities of each plan sheet. 21.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 21.12 Technical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. PSA A-55 The Technical Special Provisions shall provide a description of work, materials, equi!eQaB specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 21.13 Other Signalization (Not applicable for this project) 21 .14 Field Reviews The SUBCONSUL TANT shall collect information from the maintaining agencies and conduct a field review. The review should include, but is not limited to, the following: · Existing Signal and Pedestrian Phasing · Controller Make, Model, Capabilities and Condition/Age · Condition of Signal Structure(s) · Type of Detection as Compared With Current District Standards · Interconnect Media · Controller Timing Data 21.15 Technical Meetings Includes meetings with the COUNTY and/or Agency staff, between disciplines, CONSULTANT and SUBCONSUL TANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for all elements of the signalization analysis. 21.16 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. 21.17 Independent Peer Review (Not applicable to this project) 21.18 Supervision Includes all efforts required to supervise all technical design activities. 21.19 Coordination Includes all efforts to coordinate with all elements of the signalization analysis of the project to produce a final set of construction documents. PSA A-56 22 SIGNALIZATION PLANS lOB The CONSULTANT shall prepare a set of Signalization Plans for the intersections of Golden Gate Boulevard and Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard and Golden Gate Boulevard and DeSoto Boulevard in accordance with the Plans Preparation Manual, which includes the following. 22.1 Key Sheet 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site (Optional Services) 22.8 Guide Sign Worksheet - Guide Signs will be provided at three (3) Intersections 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm/Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for this project) 22.14 Temporary Detection Sheet (Not applicable for this project) 22.15 Utility Conflict Matrix (See Section 7.13) 22.16 Interim Standards (Not applicable for this project) 22.17 Quality Assurance/Quality Control 22.18 Supervision PSA A-57 23 LIGHTING ANALYSIS lOa The CONSULTANT shall analyze and document Lighting Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 23.1 Lighting Justification Report (Not applicable for this project) 23.2 Lighting Design Analysis Report The CONSULTANT shall prepare a Preliminary Lighting Design Analysis Report as part of the Design Documentation Book. The report shall be submitted prior to the 60% plan submittal. The report shall provide analyses for each typical section of the mainline. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least up to two (2) lighting design alternatives and a recommendation on the alternative to use. Each alternative shall be properly described; the alternatives shall consider different pole heights, lamp wattage, and arm lengths. Each alternative shall be provided with a cost estimate that includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report, the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submittal. 23.3 Aeronautical Evaluation (Not applicable for this project) 23.4 Voltage Drop Calculations The Consultant shall submit voltage drop calculations showing the equation or equations used along with the number of luminaries per circuit, the length of each circuit, the size conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentage of drop) shall be calculated, and all work necessary to calculate the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the COUNTY. Load analysis calculations shall be submitted for each branch circuit breaker and main breaker. 23.5 FDEP Coordination and Report (Not applicable for this project) PSA A-58 23.6 Reference and Master Design Files lOB The CONSULTANT shall prepare the Lighting Design file to include all necessary design elements and all associated reference files. 23.7 Temporary Lighting (Not applicable for this project) 23.8 Design Documentation The CONSULTANT shall submit a Roadway Lighting Design Documentation Book with the final lighting plans submittal under a separate cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: · Lighting Calculations. · Structural calculations for special conventional pole concrete foundations if required. · Letter to the power company requesting service. · Power company confirmation letter on the requested services (90% and 100% submittals). · Voltage drop calculations (90% and 100% submittals). · Load analysis calculations (90% and 100% submittals). 23.9 Quantities Includes all work required to determine the project quantities. 23.10 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal and maintained until final submittal. 23.11 Technical Special Provisions PSA A-59 ~ 10 B The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FOOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 23.12 Other Lighting (Not applicable for this project) 23.13 Field Reviews The CONSULTANT shall collect information from the maintaining agencies and conduct a field review. The review should include but is not limited to the following: Existing Lighting Equipment Load Center, Capabilities and Condition/Age Condition of Lighting Structure(s) 23.14 Technical Meetings Includes meetings with the COUNTY (Traffic Operations) staff, between disciplines, CONSULTANT and SUBCONSUL TANT, such as progress review meetings (phase review), and miscellaneous meetings necessary for project elements. 23.15 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. PSA A-60 23.16 I ndependent Peer Review (Not applicable for this project) 23.17 Supervision Includes all efforts required to supervise all technical design activities. 23.18 Coordination Includes efforts to coordinate all elements of the lighting analysis of the project to produce a final set of construction documents. lOB 24 LIGHTING PLANS The CONSULTANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Sheet 24.3 Tabulation of Quantities 24.4 General Notes/Pay Item Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Temporary Lighting Data and Details (Not applicable for this project)) 24.11 Traffic Control Plan Sheets (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Quality Assurance/Quality Control 24.14 Supervision PSA A-61 25 LANDSCAPE ARCHITECTURE ANALYSIS to,., lOB (Services to be performed by SUBCONSUL TANT - McGee & Associates) Tasks 25.1 - 25.3, 25.6, 25.9, and 25.10, 25.12, and 25.13 are not applicable for this project. 25.3 Planting Design (as described in 2.9) - specify the use of special median soils in areas of future plantings. 25.4 Irrigation Design (as described in 2.9) - Irrigation sleeves will be designed to provide access to future median planting areas. 25.5 Hardscape Design (as described in 2.9) - Brick pavers will be designed at traffic separators 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.11 Technical Meeting 25.14 Supervision 25.15 Coordination 26 LANDSCAPE ARCHITECTURE PLANS Tasks 26.1 - 26.15 are not applicable for this project. 27 SURVEY Tasks 27.1 - 27.35 are not applicable for this project as listed. Please see SUBCONSUL TANT (RWA, Inc) scope of work. The SUBCONSUL TANT (RWA) will be responsible for the preparation of control survey maps. The SUBCONSUL TANT (RWA) shall perform survey tasks in accordance with all applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. 28 PHOTOGRAMMETRY - (See Schedule A Scope of Services, Attachment I SUBCONSULTANT RWA, Inc., scope of work). 29 MAPPING Tasks 29.1 - 29.35 (See Schedule A Scope of Services, Attachment 1 SUBCONSUL TANT RWA, Inc. scope of work.). PSA A-62 - 10 B The SUBCONSUL TANT (RWA) will be responsible for the preparation of right of way maps, maintenance maps, sketches and legal descriptions as required for this project in accordance with all applicable COUNTY Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to COUNTY size and format requirements utilizing COUNTY approved software, and will be designed to provide a high degree of uniformity and maximum readability. The SUBCONSUL TANT (RWA) will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. 30 GEOTECHNICAL Tasks 30.1 - 30.52 (See Schedule A, Attachment I, SUBCONSUL TANT Dunkelberger Engineering & Testing Inc., scope of work). The SUBCONSUL TANT (DET) shall, for each project, be responsible for a complete geotechnical investigation. All work performed by the SUBCONSUL TANT (DET) shall be in accordance with COUNTY standards. Prior to beginning each phase of investigation and after the Notice to Proceed is given, the CONSULTANT and the SUBCONSUL TANT shall submit investigation plan for approval and meet with the COUNTY representative to review the project scope and COUNTY requirements. The investigation plan shall include, but not be limited to, the proposed boring locations and depths, and all existing geotechnical information from available sources to generally describe the surface and subsurface conditions of the project site. Additional meetings may be required to plan any additional field efforts, review plans, resolve plans/report comments, resolve responses to comments, and/or any other meetings necessary to facilitate the project. PSA A-63 The CONSULTANT shall notify the COUNTY in adequate time to schedule a representativlOeBall related meetings and field activities. 31 ARCHITECTURE DEVELOPMENT Not applicable for this project. 32 PROJECT REQUIREMENTS 32.1 Liaison Office The COUNTY and the CONSULTANT will designate a Project Manager who shall be the representative of their respective organizations for the Project. The final direction on all matters of this project remains with the COUNTY Project Manager. 32.2 Key Personnel The CONSULTANT's work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 32.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 32.4 Correspondence Copies of all written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 32.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all reports, documents, and plans as required by COUNTY standards. PSA A-64 32.6 Computer Automation ~{ 10 B ... The project will be developed utilizing Computer Aided Drafting and Design (CAD D) systems. 32.7 Coordination With Other Consultants The CONSULTANT is to coordinate his work with any and all adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 32.8 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide additional design and construction inspection services. The fee for these services shall be negotiated in accordance with the terms detailed in Schedule 8, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of the project(s). A supplemental agreement adding the additional services shall be executed in accordance with paragraph 2.00 of the Standard Consultant Agreement. 33 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the County. PSA A-65 if....~, 10 B SCHEDULE A SCOPE OF SERVICES (SUBCONSUL T ANTS) ATTACHMENT 1 RWA- SUBCONSULTANT TASKS 2.10 - 2.12 MINIMUM SURVEY REQUIREMENTS 1.0 Topographic Survey 1.0 Provide a detailed topographic survey of the Golden Gate Boulevard Project 135 feet north and south of the existing centerline of right-of-way as described herein. All work shall be certified by a professionally registered surveyor in the State of Florida. 1.1 The survey shall begin 500 feet west of 1st Street N.E. and end 1320 feet east of the DeSoto Boulevard Intersection. The total distance is approximately 32,900 If. Secondary roads shall be surveyed to a minimum distance of 500 feet from the intersection with Golden Gate Boulevard and 50 feet each side of the centerline. The surveying limits for Wilson, Everglades, and DeSoto Boulevard will be 1320 feet north and south of the centerline of right-of-way for Golden Gate Boulevard and 100 feet each side of the centerline. The detailed survey coverage shall extend a minimum width of 135 feet on each of the existing Golden Gate Boulevard right-of-way. All Buildings and structures within 50 feet outside of the proposed right of way lines shall be included with the elevation at the finish floor and garage openings. 1.2 Detail information. - Survey shall include all physical features which accurately depict the existing condition of the project area. The information shall include, but is not limited to, the following: a. Roadway Pavement b. Driveways, and Parking Areas - note all limits within survey coverage and type of pavement or surface. c. Curbing, edging, medians, and barriers - note limits and type. d. Sidewalks, walkways, and handicap ramps - note limits and type. e. All wall information (type, height, and thickness), all step/stair information (type, top step elev., bottom elev., # rises). f. Top of slope and toe of slope. g. Guard rail - note limits and type. h. The surveyor will show all above ground utility structures and will coordinate with Sunshine One Call and local utility providers to flag the existing under ground utilities located within the limits of the project. Note that the utility providers are not obligated to flag their existing facilities for design purposes. The surveyor or project engineer can request a design locate for the project area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or not locate at all. Any fees related to the PSA A-66 flagging of the existing under grou nd utilities are the responsibility of the c,;"'t.l 0 B o Sanitary sewer- Manholes - rims, inverts, and condition (collapsed, plugged, etc..) Pipes - size, type, and direction of flow Force mains and pump stations o Drain System Catch Basins - grate elev., inv., and condition (collapsed, plugged, etc..). Manholes - rims, inverts, and condition (collapsed, plugged, etc..) Pipes - size, type, and direction of flow All existing drainage outlets, with invert and headwall information located within 250 feet of the project limits in any direction. o Utility lines - size, type, for water, reclaimed water, gas, telephone, sewer, electric and CATV. o Hydrants and water valves. o Hand holes and pull boxes. o Gas valves. o Telephone and electric manholes. o Utility and light poles and guy wires, including overhead wires. o Any other public or private utility structure or casting located within the defined limits of survey h. Collect spot elevations, at regular intervals of 100 feet maximum (consistent with baseline stations, if possible) of the non-obscured areas and at critical locations including top and bottom of curb, centerline grades, back of sidewalks and at all changes in slope. Spot elevations will be collected at regular 200 feet intervals in the obscured areas. Elevations to be given up the center of all existing driveways. Collect cross sections just south and north of the existing three bridges, then on 50 foot intervals for the next 200 feet north and south, then on 100 foot intervals for the next 200 feet north and south, and then at the next 200 foot interval north and south for a total of 14 cross section at each bridge. 1. Existing contours will be shown as at 1 foot intervals. J. Pavement markings, including lane use and shoulder width, crosswalks, and stop bars. k. Traffic/road signs- note direction in which signs face, material type (wood or aluminum) legend and wording, including those mounted on utility poles, signal posts, and bridges. 1. Traffic signal equipment. Include if applicable: o control cabinets o mast arms o span wires o signal posts o pedestrian signals, push buttons, cross walks, pull boxes ill. Locate an estimated 301 test boring with elevation as marked by the geotechnical PSA A-67 sub-consultant. 10 B 2.0 Wetland Location 2.1 Field locate an estimated 10,000 L.F. of SFWMD/ACOE jurisdictional wetland line ribbon as flagged by the environmental consultant within the proposed construction limits. 2.2 Field locate 20 hydrological seasonal water indicators with in the project limits as established by the environmental consultant. 2.3 Produce an electronic file for the Client to use as needed for site planning and the environmental agencies jurisdictional wetland line documentation process. 2.4 Provide a signed and sealed survey delineating the boundaries of the wetlands that will be witnessed to the property boundary as required by the Florida Administrative Code 62-343.040 3.0 Establish Existing Right-of-Way & Control Survey 3.1 Reproduce all recorded right-of-way and baseline information. Right of way shall include all intersecting roads within the project limits. All right-of-way information shall be labeled, including date, bearings and distances. In addition the following information shall be noted: o horizontal datum - tied into the Florida State Plan Coordinate System, NAD 1983/1990 Adjustment. RWA will provide Project control network sheets for the survey baseline control points instead of setting reference points. o physical ties to each benchmark - permanent benchmarks shall be established at 500-foot intervals along the roadway o vertical datum (benchmarks) - 1929 (NGVD 29) o locate all visible boundary monuments o existing layout shall be tied to the existing right-of-way. o locate all existing visible property markers(e.g. - iron pipe, stone bound) o Tie all buildings located within the limits of the project to the existing right-of-way. 3.2 Property ownership shall be determined from Collier County records and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall be verified utilizing any visible property markers, wherever possible. The County's Right of Way Section will provide the surveyor the identifying property owner information upon request. 4.0 Right-of-way Map 4.1 Prepare a right-of-way map of the real property rights that are to be acquired for the golden gate boulevard Project # 60040. The right-of-way map will be prepared in accordance with the standards set by the Collier County transportation division dated February 13, 2006. 4.2 The final control survey shall include a detailed and accurate compilation of PSA A-68 control points established by a closed traverse loop through the primary contro~ 0 B points or with a Global Positioning System-based network, to assure an error- free or closed control network. Relative error or loop closure will conform to requirements of subsection 61G17-6.003(1)(e), FAC. All control points will be referenced to the Florida State Plan Coordinate System, NAD 1983/1990 Adjustment. 5.0 Sketch and Description 5.1 Prepare a sketch and legal description for the real property (acquisition), permanent and temporary easements. All sketch and descriptions will be prepared accordance to the Collier County Transportation Division in Structural Memorandum dated June 8, 2005. 5.2 It is anticipated that there will be 500 sketch and descriptions required for Project # 60040. 6.0 Pond Sites (4) 6.1 Prepare a boundary and topographic survey for four (4) individual five (5) acre parcels to be determined by the engineering design team. Spot elevations will be collected on a 100' +/- grid and extend 100' beyond the parcel external boundary lines. 7.0 Deliverables The final products (topographic and control surveys) shall be delivered in AutoCAD (Version 2006).DWG Format, and in a hard-copy print. The survey control points will be provided in an ASCII file format and shall have a point number, elevation, and description. 7.1 The control survey and right-of-way plan shall be set up at a scale of 1:100. All relevant text and symbol sizes for existing information shall conform to this scale. The topographic survey shall be set up at a scale of 1:40. All relevant text and symbol sizes for existing information shall conform to the requirements of the design engineer. 7.2 The final surveys shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System-based network, to assure an error-free or closed control network. Relative error or loop closure will conform to requirements of subsection 61G17-6.003(1)(e), FAC. All control points will be referenced to the Florida State Plan Coordinate System, NAD 1983/1990 Adjustment. 7.3 The final, approved surveys shall be plotted on Mylar and stamped by a professional surveyor in the State of Florida. The digital base plan shall be burned onto a compact disc (CD) and delivered to Collier County. The CD shall contain the drawing (with individual, unlocked layers) and all project files with appropriate directories. PSA A-69 ~10B DUNKELBERGER ENGINEERING & TESTING, INC. - SUBCONSUL TANT FOR TASKS 2.13 & 5.29 GEOTECHNICAL EXPLORATION REQUIREMENTS Scope of Work The scope and budget estimate assumes the following about this project. 1. Six and one-half (6.5) miles of roadway to be improved from two lane rural to six lane urban section. Explorations to also include 500 feet of sideroad at the signalized intersections. 2. Three, six lane bridges; a 3 span at Golden Gate Canal, a 2 span at Miller Canal and a 4 span at the Faka Union Canal. 3. Three signalized intersections, at Wilson Blvd, Everglades Blvd, and DeSoto Blvd, with four mast arms per intersection. 4. Four wet detention ponds (doubling as borrow areas) 5. Roadside dry detention swales 6. Buried storm sewer along essentially the entire length of roadway 7. No retaining walls 8. No lighting exploration 9. No noise wall exploration 10. No box culvert exploration 11. No exploration at minor (unsignalized street crossings) Our work will be performed in general accordance with the FOOT Soils and Foundation Handbook, as applicable to the specific components of this project.. with siqnificant exceptions, in the frequency of borinqs and laboratory testinq. The basis for our scope of explorations are summarized below with the FOOT requirements indicated in parenthesis: 1. Roadway auger borings every 200 feet to a depth of 6 feet. (every 100 feet) 2. Additional auger borings for the purpose of muck delineation 3. Soil classification testing at 2 samples per mile per stratum (3 samples per mile) 4. LBR sampling and testing at 3 samples per mile 5. Pavement core sampling and testing at 1 sample per 2,000 feet (every 1,000 feet). 6. Corrosion series testing at one sample per abundant stratum per 3,000 feet (every 1,500 feet) 7. Buried storm sewer system SPT borings to a depth of 15 feet every 1000 feet. (every 500 feet to 20 feet). 8. For bridges, SPT borings to a depth of 80 feet at all abutments only, no overwater drilling (include overwater bent locations). 9. SPT borings at diagonal corners of intersection for mast arms to a depth of 25 feet (every mast arm location) 10. Classification testing on each stratum at each bridge or intersection location 11. Two corrosion series tests at each bridge or intersection location. 12. Two SPT borings to a depth of 25 feet at each wet detention pond location 13. Random double ring infiltrometer tests (DRIT) at dry detention swale location 14. One borehole permeability tests at each wet detention pond location (two at each pond) The attached budget estimate indicates the actual number of individual work items estimated, along with associated allowances for drilling permits, clearing, traffic control and associated access expenses. PSA A-70 10 B Our work will be summarized in a geotechnical report including both roadway and structure information. Soil explorations, soil testing and soil parameter data will be summarized on CAD sheets in AutoCAD format, generally consistent with FOOT practice. We have also budgeted attendance at six coordination/progress meeting in Collier County by our senior engineer. Schedule Our schedule will be dependent upon the release of information for the roadway, bridges, mast arms and pond locations. We anticipate separate mobilizations for each of these four, with the roadway work presumably beginning first. We can begin fieldwork for the roadway exploration within approximately three weeks of receiving the notice to proceed. Fieldwork for the bridges, mast arms and ponds can begin within two weeks of receiving relevant project information. The fieldwork for the roadway explorations will take approximately 6 weeks, the mast arms 1 week, the bridges 2 weeks, and the ponds 1 week. Our report will require approximately 4 weeks after completion of all fieldwork. Excerpts showing progress can be provided prior to completion of the entire report. GULFSHORE ENGINEERING, INC. - SUBCONSUL TANT FOR TASKS 2.4; 3.1; 3.5 through 3.6; 6.18 ENGINEERING DESIGN AND NATURAL RESOURCE PERMITTING REQUIREMENTS Task A - Meetings and Coordination 1 Notice to Proceed Meetinq (3.1 . 3.5) This task involves meeting with County Officials, Consultants and Sub Consultants as part of the formal notification to proceed with professional consulting services. 2 Desiqn Kick-off Meetinq (3.5) GEl will participate in the first design team meeting to acquaint all team members with the project schedules and their respective responsibilities. 3 Scheduled Public Meetinqs and Presentations (3.1) GEl will attend scheduled meetings with the general public and county officials to clarify and define development goals and requirements for the Project. This includes communicating with interested persons, groups and government organizations as needed. At this time, two (2) public meetings are planned for this project. 4 Unscheduled Public Meetinqs and Presentations (3.1) This task is not included under this scope of services. At this time, projected number of meetings is unknown. GEl may attend un-scheduled meetings on a contingency basis only. Such meetings may be called as needed by the Prime Consultant or by team members with Prime Consultant approval. Attendance to un-scheduled meetings will be provided on an hourly basis, plus reimbursable expenses in accordance with the fee schedule enclosed with this agreement. PSA A-71 I /,- ~. lOB 5 Pre-Application Meetinqs with Requlatorv Agencies (2.4 . 6.18) This task will cover initial meetings to be held at the Lower West Coast Service Center of the South Florida Water Management District, The Big Cypress Basin Naples office and The US Army Corp of Engineers in Fort Myers. These meetings will present the broad outlines of this project to the regulatory agencies and allow an informal exchange and preliminary input into the upcoming design and permitting process. At this time, three (3) pre-application meetings are anticipated, one (1) with the South Florida Water Management District, one (1) with the US Army Corp of Engineers and one (1) with The Big Cypress Basin. 6 Proiect Team Meetinqs (3.4. 3.5. 3.6) As part of the project design team, GEl will attend meetings to coordinate permitting strategies and resolve design issues as they arise during the process. These meetings may be requested by the Prime Consultant and/or sub-consultants. At this time, up to four (4) team meetings are anticipated for this project. Task B - Preliminary Design 1 Data Collection - Existinq Conditions Research (8.1 · 8.2) GEl will conduct in-depth research of available archived information, aerial photos, watershed maps and other pertinent available public and private records to help refine the design conditions applicable to this project. 2 Existinq Veqetation / Hydroloqy / Soils Assessment (6.1 · 8.17 · 8.18 . 8.3) GEl will review all available survey and topographic data, environmental assessments and establish an accurate picture of the existing hydrology and land-use conditions. This will also involve a realistic appraisal of geotechnical profiles, an important factor for correct pond siting and surface water management. Much of this data will be obtained from the Team Surveyors, Geotechnical and Environmental Consultants. 3 Wetland Impact Assessment - Water Quality Analysis (6.1 · 8.14) GEl will pay particular attention to minimizing potential impacts to wetlands and natural resources at the site. A careful analysis of the delineated jurisdictional wetland areas and existing soil characteristics will reveal the underlying drainage patterns which need to be considered during the design process. This will involve close coordination with other members of the Consulting team. This task will also involve a preliminary analysis of water quality and nutrient loading using the Harper Method with the goal of achieving no net increase in nutrient loadings under pre vs. post development conditions and complying with Federal, State and Local regulatory agency guidelines. 4 Desiqn and Permittinq Feasibility Analysis (6.2 . 6.15) This task will involve the analysis of various scenarios with the goal of pursuing the most feasible design alternative, one that is likely to lead to a successful permitting strategy and PSA A-72 lOB outcome. Various factors, such as time, cost, design complexity and permitting feasibility will be considered. 5 Initial Conceptual Desiqn (6.3 To 6.9) This task will involve the assembly of all significant factors as well as the roadway water management requirements in order to create a workable design plan. As part of this phase, the various land use elements of the site will have to be quantified and preliminary surface water management basin areas delineated. This is a necessary precondition for the correct set up of the model of existing and proposed conditions. 6 Initial Hvdraulic Model set up, Stormwater Manaqement Basin Delineations (5.3 · 6.3 To 6.9) This task will involve the set up of surface water routing and hydrologic models for the project. This will involve a significant amount of raw data input as well as the correct delineation of Surface Water Management [SWM] basin areas and potential outfall locations. It is expected that these models will have to be refined and revised as may be required by the design process. 7 Preliminary Stormwater Desiqn. Pond and Pipe Network (6.3 To 6.9) Initial results and volumetric quantities acquired from the model will be used to further refine the type, size, location and number of detention ponds which will be required for this roadway alignment. This task will include a preliminary layout of storm water structures and associated pipe network. This information will be coordinated with the roadway plans and integrated into the modeling. Included in this task will be an initial set of SWM construction drawings. This first draft will be of sufficient detail to be used in conjunction with the water management report and to identify the main components of the proposed system. At this time, a total of four (4) surface water wet detention ponds are anticipated for this project. 8 Preliminary Desiqn Report (6.13) This task will involve the completion of a first draft of the surface water management design report. This report will highlight the project existing conditions and associated environmental issues, as well as the proposed design and predicted performance of the system. 9 Desiqn Modifications and Revisions (6.13 · 6.18 . 6.19 · 6.22) Based on the input obtained after preliminary review by the client and other team members, GEl will incorporate the comments and necessary revisions to the SWM model and report. During this phase, important considerations such as pond siting and water management structure locations may be modified as warranted. At this time, four (4) surface water wet detention ponds are anticipated for this project. 10 Proiect Team Meetinqs (3.4 · 3.5 · 3.6 · 6.22) As part of the project design team, GEl will attend meetings to coordinate permitting strategies and resolve design issues as they arise during the process. These meetings may be requested by the Prime Consultant and/or sub-consultants. At this time, up to four (4) preliminary design team meetings are planned for this project. PSA A-73 Task C - Final Design lOB 1 Final SWM Modelinq and System Desiqn (5.3 · 5.36 · 6.9 . 6.19 . 6.22) Upon the client's acceptance of the preliminary design, GEl will collaborate with the team's Prime Consultant to finalize the roadway construction plans for the ERP application to the South Florida Water Management District (SFWMD). The construction plans will include design details for the permitting and subsequent construction of the project. This effort will involve a comprehensive review of all the pertinent issues and comments related to the proposed design. This task will also include a final and complete SWM pipe network analysis and model routings. This will be required prior to permit application submittal. 2 Final Desiqn Report (6.13 · 6.19) GEl will prepare a final design report highlighting the existing and proposed conditions to be included with the permit application. This report will also reference the ERP plans to be included with the submittal. 3 ERP Application Submittal Packaqe (2.4 · 5.36 · 5.37 . 8.5) GEl will file a complete and comprehensive permit application with the SFWMD at the Lower West Coast Service Center in Fort Myers, Florida. GEl will fill the appropriate forms; finalize the required surface water management components of the construction civil plans, exhibits and supporting documents to be included in this submittal. The necessary USACOE nutrient loading and water quality analyses will also be part of this package. 4 Biq Cypress Basin rsCBl Riqht-of-Way Permit Application (2.4 · 5.36 · 5.37 · 8.5) GEl will complete the appropriate forms and prepare the necessary documentation as required for the right-of-way permit applications. Three (3) canal crossings are part of this road alignment. 5 Response to ERP RAi's (2.4 · 8.5 . 3.5 · 3.6 · 6.22) It is anticipated that an Environmental Resource Permit application of this complexity will normally trigger requests for additional information [RAI] from the agencies. GEl expects that our pro-active approach and the comprehensive and complete nature of our responses to these requests will reduce these to a minimum. At this time, the exact nature and concerns of the agencies is difficult to predict and the total number of additional RAi's is difficult to ascertain. Please note that turn around time for SFWMD responses is held to 30 calendar days by Florida statute. No such requirement exists for the US-ACOE. This proposal provides consideration for the expenditure of time and effort necessary to adequately respond to the initial RAI which can normally be expected with permits of this complexity. It is entirely possible that offsite issues and other staff concerns may however trigger further RAl's. 6 Response to BCB RAi's (2.4 · 8.5 . 3.5 . 3.6 · 6.22) PSA A-74 .' InB This task includes addressing requests for additional information, part of the right of My crossing permit applications under the jurisdiction of the Big Cypress Basin. This proposal provides consideration for the expenditure of time and effort necessary to adequately respond to the initial RAI which can normally be expected with permits of this complexity. It is entirely possible that offsite issues and other staff concerns may however trigger further RAI's.. 7 Project Team Meetinqs (3.4 · 3.5 · 3.6 · 6.22) As part of the project design team, GEl will attend meetings to coordinate permitting strategies and resolve design issues as they arise during the process. These meetings may be requested by the Prime Consultant and/or sub-consultants. At this time, up to four (4) final design team meetings are anticipated for this project. Task D - Construction Coordination 1 Review and Approval of Construction Shop Drawinqs (9.10 To 9.12 · 9.15 ) This task is not included under this scope of services. It will be part of the post design phase to be covered as a separate line item. GEl can review the production shop drawings for the backbone storm drainage system. This task will involve coordination between the contractors and other team members working on the roadway plans and other civil engineering documents. 2 Chanqe Orders (6.9. 6.22 · 9.15) This task is not included under this scope of services. It will be part of the post design phase to be covered as a separate line item. GEl can respond to change orders which will involve alterations or revisions to the SWM system. It is expected that design modifications will arise out of field conditions and other considerations and that these will have to be incorporated into the construction plans. 3 Field Inspections (6.17. 6.19. 9.14. 9.15) This task is not included under this scope of services. It will be part of the post design phase to be covered as a separate line item. As required, GEl will remain abreast of the roadway construction and will provide on the job inspections during the construction of detention ponds and backbone storm water system. These will be necessary in order to ensure that critical design components are properly installed and that important permit design considerations are maintained. Inspection schedules will be coordinated with the contractor and Prime Consultant and will be provided as needed. 4 Final ERP Certification (2.4 . 5.22 · 5.23) This task involves the required legal process of transferring the Environmental Resource Permit from a Construction Authorization Phase to Maintenance and Operation status. GEl will certify that the surface water management system was built in accordance with permitted plans and will complete and file appropriate forms and exhibits with the SFWMD. This task will involve close coordination with other members of the Consulting team to ensure that all PSA A-75 ~..10B required documents are up to date and in compliance with current guidelines and regulations. 5 Final BCB Riqht-of-Way Permit Certification (2.4 · 5.22 · 5.23) GEl will certify that the right-of-way crossings are built in accordance with permitted plans and will complete and file appropriate forms and exhibits with BCB. This task will involve close coordination with other members of the Consulting team to ensure that all required documents are up to date and in compliance with current guidelines and regulation KEVIN L. ERWIN CONSULTING ECOLOGIST, INC. - SUBCONSUL TANT FOR TASKS 8.1 THROUGH 8.14 ENVIRONMENTAL CONSULTING REQUIREMENTS Task 1. Vegetation Mapping, Wetland Delineation, and Listed Species Survey Work Scope: KLECE will conduct an initial information review of the project area including soil mapping, regional drainage, known listed species populations, and known archeological resources (Schedule A Section 8.1). Following initial information review KLECE will map the major upland and wetland plant communities within the project corridor using the Florida Land Use, Cover and Forms Classification System, Levels III and IV on recent digital aerial photography, depicting roadway corridor, to be provide by Stanley Consultants. Potential South Florida Water Management District (SFWMD) and/or U.S. Army Corps of Engineers (CaE) wetlands will be mapped in the field (Schedule A Section 8.3). During the initial vegetation mapping KLECE will conduct a general survey for wildlife species listed as threatened, endangered, or species of special concern by the Florida Fish and Wildlife Conservation Commission (FWC) and the U.S. Fish and Wildlife Service (FWS). Following the application to the agencies, species-specific wildlife surveys may be required and would be covered under a separate (Schedule A Section 8.15) scope. Based, in part, on this environmental information Stanley Consultants will provide KLECE with the preferred alignment of the expanded roadway and location of the project's storm water treatment ponds. The limits of the potential SFWMD and/or CaE wetlands within the corridor of the preferred roadway alignment and storm water treatment ponds will be flagged in the field. Standard CaE wetland data sheets, required for the wetland jurisdictional determination process, will be PSA A-76 lOB completed for representative wetlands. A Unified Wetland Mitigation Assessment (UMAM) functional assessment will be completed for each delineated wetland and/or surface water body. Based on the location of the project an assessment of panther habitat impacts will be conducted. Site inspections will be conducted with the SFWMD and COE to review and verify the wetlands delineated in the corridor (Schedule A Section 804). While we will request determination meetings with the agencies, it is currently the policy of both the SFWMD and COE to conduct field inspections of wetlands lines after the initial permit application. The methodology and results of this task will be documented in a summary report submitted to Stanley Consultants. Deliverables: . Vegetation mapping . Wetland delineation . Listed species survey . Wetland functional assessments . Assessment of Panther Habitat Impacts . Agency site inspections (2) . Summary report Task 2. Permit Application and Agency Pre-Application Meeting Work Scope: KLECE will assist Stanley Consultants in preparing the Environmental Resource Permit (ERP) application for the project (Schedule A Section 8.2, 8.5). This will consist of an Environmental Supplement Report containing information on existing environmental site conditions based on the work completed under Task 1 above. These ERP application items are indicated by an "*,, on the attached copy of the ERP application form. This will include a project soils map, vegetation map of the entire roadway corridor, a wetland impact map for the preferred alignment and up to two additional alternative alignments based on the impact footprint provided by Stanley Consultants, assessment of project wetland and/or wildlife impacts, required tables detailing areas of impact and functional loss (Schedule A Section 8.6, 8.8, 8.14). Any mitigation alternatives such as purchase into a regional wetland/wildlife preserve or payment to DEP/SFWMD as defined in CH 373.4137 will be covered under a separate scope. Mitigation alternatives will be coordinated and approved by the County prior to submission in the application (Schedule A Section 8.12, 8.13). We will also attend one pre-application meeting in Fort Myers with the agencies to introduce them to the project and solicit their preliminary comments. Deliverables: PSA A-77 . ERP Environmental Supplement . Agency pre-application meeting ,..lOB Task 3. Team Coordination Meetings Work Scope: KLECE will attend two team coordination meetings as required by the project including visual aids to address project environmental issues and up to two agency/public coordination meetings to discuss the project (Schedule A Section 8.16, 8.19). Deliverables: . Team coordination meetings (maximum of two meetings) . Agency/Public coordination meetings (maximum of two meetings) Task 4. Requests for Additional Information Responses Work Scope: KLECE will work with Stanley Consultants to respond to one set of Requests for Additional Information (RAI) from the SFWMD and COE resulting from the permit application submittals. The type and scope of information requests cannot be accurately predicted at this time. Therefore, this task will consist of responses that can be prepared based on existing information. No fieldwork is included as part of this task. Deliverables: . Requests for Additional Information responses FLORIDA TRANSPORTATION ENGINEERING, INC. - SUBcONSUL TANT FOR TASKS 21.1 THROUGH 21.3 TRAFFIC DATA COLLECTION REQUIREMENTS 21.1 Traffic Data Collection FTE will provide traffic data collection, including crash reports, 24 hr. machine counts, 8 hr. turning movement counts, 7 -day machine counts, and speed & delay studies. Eight-hour turning movement counts, 24-hour machine counts, and crash reports will be collected at the following intersections along Golden Gate Boulevard: Wilson Boulevard, 8th Street, 16th Street, Everglades Boulevard, and DeSoto Boulevard. In addition, 7-day machine counts will be collected at two locations; Golden Gate Boulevard between Wilson Boulevard and Everglades Boulevard; and Golden Gate Boulevard between Everglades Boulevard and DeSoto Boulevard. PSA A-78 '" lOB Speed and Delay study will be conducted along Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard based on the guidelines presented in MUTS. Also, turning movement counts will be performed at ten other intersections along the corridor. The traffic data collection services will be completed within 28 days from the Notice to Proceed. 21.2 Traffic Data Analysis FTE will determine the signal operation plan, intersection geometry, local signal timings, pre- emption phasing & timings, forecasting traffic, and intersection LOS analysis. The data analysis activities would be completed within 35 working days after completing Task 21.1. The traffic data analysis will be completed for the following intersections along Golden Gate Boulevard: Wilson Boulevard, 8th Street or 16th Street, Everglades Boulevard, and DeSoto Boulevard. The analysis will include the following · Existing Conditions · Future Conditions · Level of Services analysis · Recommendations · Documentation and Meetings In addition, results of this study will provide data required for the determination of future lane configurations and required turn lane lengths. 21.3 Siqnal Warrant Study at GGB and DeSoto Boulevard The Signal Warrant Analysis is the study used to evaluate a candidate location for possible signalization or signal removal. The Manual of Uniform Traffic Control Devices (2000, MUTCD) lists eight (8) minimum warrants that are to be evaluated_as appropriate for the location. As an absolute minimum, the Signal Warrant Analysis will include the following activities. Intersection Inventory A field inventory will be conducted and a detailed condition diagram will be prepared. PSA A-79 "'" lOB Crash Analysis Crash data contained in the crash review and collision diagrams will be analyzed to identify abnormal crash characteristics or patterns. Possible Crash Causes for Each Abnormal Pattern will be determined. Warrant Analysis/Recommendations The analysis of the collected data and the evaluation of the applicable warrants described in the MUTeD, and the Department's Manual of Uniform Traffic Studies (MUTS) shall form the basis for the report. From the analysis and in consideration of accepted traffic engineering practice, a recommendation will be formulated as to whether or not a signal is warranted and justified and should be considered for installation. The signal warrant report would be completed within 21 working days. 20.9 and 22.7 Traffic Monitorinq Site (Optional Service to be neqotiated) The design parameters will be provided for the inclusion of Permanent Traffic Monitoring Sites (PTMS) into roadway plans. As part of this task, FTE would perform project monitoring and scheduling, site engineering and selection, attend project meetings, provide sufficient information for the preparation of the design plans in CAD, and provide project documentation. At this stage, FTE would anticipate two Traffic Monitoring Sites on Golden Gate Boulevard. One of the sites would on Golden Gate Boulevard between Wilson Boulevard and Everglades Boulevard; and the other site between Everglades Boulevard and DeSoto Boulevard. The Traffic Monitoring Site Design Information would be completed within 21 working days after receiving the proposed roadway layout. MCGEE AND ASSOCIATE, INC. - SUBCONSUL TANT FOR TASK 2.9 and TASK 25.0; TASKS 25.3 THROUGH 25.7; TASK 25.8; 25.11 AND TASKS 25.14 THROUGH 25.15 LANDSCAPE ARCHITECTURAL REQUIREMENTS Section 2.9 Landscape Architecture Plantinq Plans: The SUBCONSUL TANT shall specify the use of special median soils in areas of future plantings, as determined by the Landscape operations Section of the County's Alternate Transportation Modes Department. Irriqation Plans: The SUBCONSUL TANT shall design installation of irrigation sleeves in median for areas of future landscaping, as determined by the PSA A-80 ~ 10 B Landscape Operations Section of the County's Alternate Transportation Modes Department. Hardscape Plans: The SUBCONSUL TANT will specify brick pavers in lieu of concrete median separators, as determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department Section 25.0 Landscape Architecture Analysis 25.3 Planting Design Specify the use of special median soils in areas of future plantings. 25.4 Irrigation Design Irrigation sleeves will be designed to provide access to median planting areas. 25.5 Hardscape Design Brick pavers will be designed at traffic separators 25.7 Cost Estimates 25.8 Technical Specification Provisions 25.11 Technical Meeting 25.14 Supervision 25.15 Coordination SOUTHERN RESOURCE MAPPING, INC. - SUBCONSUL TANT FOR TASKS 8.1 THORUGH 8.14 PHOTOGRAMMETRIC MAPPING REQUIREMENTS The main corridor for the mapping of Golden Gate Blvd. starts 500' west of 1 st Street and ends 1320' east of DeSoto Boulevard. Mapping bandwidth will be 350' centered on the existing right of way. Additional mapping will be performed 1320' north and south of the centerline of Golden Gate for Wilson Blvd., Everglades Blvd., and DeSoto Blvd. and 500' north and south of the centerline of Golden Gate for 12 additional side streets as shown in blue in the attachments. Total length along Golden Gate is 32,900 I. f. and 11,740 I. f. on the side streets. Mapping bandwidth on the side streets will extend to 50' either side of the centerline Aerial Photography For the topographic mapping, SRM will obtain new black and white vertical photography of the project area with a precision calibrated gyro-stabilized, Zeiss RMK Top 15 aerial camera equipped with a 9" x 9" format, a 6" focal length lens cone and forward motion compensation. This photography will be flown at 1000' above mean terrain, resulting in a contact negative scale of 1 "=167'. Additional color photography will be flown at 1 "=400' for use in producing 1 "=40' orthophotos of the project corridors. PSA A-81 :~ 10 Q All mapping photography will be flown with a 60% forward overlap and will not contain excessivY tip, tilt, crab or cloud cover. One 9" x 9" contact prints of all photography will be supplied to you for your records. A second set will be made for SRM's internal use. 701 N. Oceanshore Blvd., Flagler Beach, FL 32136 voice 386.439.4848 fax 386.439.1553 web www.mapres.com Control Surveys The horizontal and vertical ground control locations required for the mapping are shown in the attached .jpg files forwarded to you with this proposal. Locations required for mapping are depicted with red triangles. These stations should be targeted prior to acquisition of the aerial photography. Targets should contrast to the ground and be in the shape of a "+" with each leg 18" in length and 6 to 8" in width. A total of 49 control points are required. SRM requests the control survey data be accompanied by a signed and sealed report certified to Florida Minimum Technical Standards under Chapter 61G17-6. The control information and datum supplied will be the basis for controlling the photography for the digital mapping. It is our understanding that RWA will be responsible for supplying the control survey information to SRM at no charge. Analytical Triangulation SRM will densify and supplement the ground control surveys by performing analytical triangulation of the new black and white photography using our Wild BC-2 instrument, Wild PUG 4 point transfer device and JFK software. A soft copy triangulation will be performed on scans of the 1 "=400' photography for orthophoto production. Digital Mapping Using our first order analytical stereo plotting stations, SRM will provide topographic digital mapping of the project area. Map scale will be 1"=40'. Visible planimetric features collected will include but not be limited to the following: PSA A-82 . :..108 Roof outlines of buildings and other major structures, edge of pavement for all paved surfaces including curbs, parking lots, drives and shoulders, dirt roads and drives, trails, sidewalks, concrete pads, tanks, railroads, fences and walls, athletic fields, signs, utility poles, manholes, CATV and telephone boxes, storm drainage structures, valves, flagpoles, meters, fire hydrants, and visible indications of other utility systems, shorelines, ditches, trees, bushes, hedges, bridges and other features including visible pavement markings including lane use and shoulder width, crosswalks, stop bars and gore areas. Spot elevations and breaklines collected by SRM will be "married" with supplemental field survey terrain data consisting of canal cross sections and supplemental elevations in dense treed areas as supplied by RWA. Once this data has been merged together, Contours at a l' interval will be generated from the digital terrain model. Because of the low flight height, vertical accuracy on well-defined features collected by SRM is expected to be +/- .10'. RWA will supply SRM a baseline and stationing for our use in cutting cross-sections at 100' intervals for the mapping bandwidth of Golden Gate Boulevard. Elevations on the cross- sections will be shown at all breaks in grade including top and bottom of curb, centerline grades, edges of pavement and other changes in slope. Elevations will also be collected on all visible catch basins, inlets and manholes as well as the center of all visible driveways. A preliminary file containing the planimetrics, polygons outlining obscured areas and the terrain data will be delivered as soon as the stereo compilation phase is completed. A CAD Edit will be performed to verify and confirm the database contents and layering structure. Selected spot elevations will be stored in a separate layer and published to accurately depict changes in relief on tops, bottoms, saddles, flat areas and depressions. Index contours will be labeled. To assure completeness a final quality control review will be performed by our Florida Registered Surveyor and Mapper. PSA A-83 In the area to be contoured, if the ground is obscured by dense vegetation o;'Shal.ahB contours will be dashed to indicate they do not meet the accuracy standards for the mapping contour interval. Translation and delivery of the database will be on CD ROM in AutoCAD version 2000. Two data sets will be delivered. One set will contain the planimetric features, l' contours and spots elevations. The second set will contain the DTM data used to generate the contours. All vertical data will be 3 dimensional. Color Digital Orthophoto SRM will produce a color digital orthophoto mosiac of the project area using the terrain data, control and triangulation points. This rectified image mosaic will be at a scale of 1 "=40' with a .2' pixel resolution. Delivery will be on DVD Rom in .tif format with associated .tfw file for geo- referencing on CD Rom. Accuracy The mapping will meet or exceed the requirements of the State of Florida Minimum Technical Standards set forth in Chapter 61G17-6. A final signed and sealed map report will be sent after the mapping has been completed. Deliverables . One set of 9" x 9" contract prints . Digital Mapping at 1 "=40' with l' contours in AutoCAD 2000 on CD ROM. · Terrain data used to generate the contours in AutoCAD 2000 on CD ROM. . MTS Survey and Map Report Delivery Schedule The digital mapping will be delivered 60-70 days after receipt of acceptable ground control surveys and receipt of supplemental field survey data as supplied by RWA, whichever is the later. PSA A-84 KENNETH DEVOS - SUBCONSUL TANT FOR TASKS 2.23 REAL ESTATE APPRAISER CONSULTING REQUIREMENTS lOB 2.23 Real Estate Appraiser The SUBCONSUL TANT will provide appraisal services to provide data concerning right of way acquisition impacts and costs. These services will include, among other things, review and analysis of potential sites for the location of off-site ponds to be included as part of the project drainage system design. He also will provide analysis of potential costs of right of way resulting from acquisitions and/or damages anticipated to remainder properties. Anticipated Hours: <not to exceed) Activity Verification of Right of Way Parcels Review and Analysis of Potential Off-site ponds Consultation on Right of Way Configuration Estimation of Right of Way Costs Hours 7 7 1 25 40 Hours PSA A-85 .,.... lOB SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Gary Putaansuu, P.E., Project Manager, Collier County Government, Transportation Division, 2885 South Horseshoe Drive, Naples, Florida 34104. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments for items 1 - 4 and item 5 shall be paid on a time and materials basis to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1. Task 1 - 30% Submittal $ 721,686.00 Monthly 2. Task II - 60% Submittal $1.668.678.00 Monthly 3. Task 111- 90% Submittal $ 461.990.00 Monthly 4. Task IV - 100% Submittal $ 347,647.00 Monthly 5. Task V - Post Design Services $ 100 000.00 Monthly based upon Time and Materials TOTAL FEE (Total Items 1-9) $3.300.000.00 B.2.2. The fees noted in Section 2.1. items 1 - 4 shall constitute the lump sum amount of three million two hundred thousand dollars ($3.200.000.00) to be paid to CONSULTANT for the performance of the Basic Services and item 5 shall constitute the time and materials amount of one hundred thousand dollars ($100,000.00) to be paid to CONSULTANT for the performance of the Post Design Services. B.2.3 With each monthly Application for Payment for item 5, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. 8.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in PSA B-1 , lOB Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule 8, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: 8.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Post Design and Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: PSA B-2 -lOa B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. 8.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. PSA B-3 SCHEDULE B ATTACHMENT I ........ lOB BASIS OF COMPENSATION 1. TASK 1- 30% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Data Collection and Coordination Permits Structures - Misc. Tasks, drawings, BDR Survey and Mapping RIW Appraisal Geotechnical Noise Analysis Quality Assurance/Quality Control Lump Sum $721,686.00 2. TASK II - 60% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Drainage Analysis Utility Adjustment Plans Permits Structures - Bridge Plans Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans PSA B-4 ,. lOB Landscape Architecture Analysis Survey and Mapping Geotechnical Noise Analysis Lump Sum $1,668,678.00 3. TASK 11I- 90% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Structures - Bridge Plans Drainage Analysis Utility Adjustment Plans Permits Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape - Hardscape Survey and Mapping Geotechnical Lump Sum $461,990.00 4. TASK IV - 100% SUBMITTAL Project General Tasks: Public Involvement, Contract Maintenance, Project Management, Coordination Roadway Analysis Roadway Plans Bridge Plans Drainage Analysis Utility Adjustment Plans Permits Structure - Medium Span Concrete Bridges PSA B-5 lOa Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Traffic Control Plans Landscape Survey and Mapping Geotechnical Noise Analysis Lump Sum $347,647.00 5. TASK V - POST DESIGN SERVICES 1. Bidding Services Participate in One (1) Pre-Bid Meeting Respond to bidder inquiries Provide Necessary plan revisions Time and Materials Not to Exceed $6,000.00 2. Construction Services Participate in Construction Meetings Participate in Field Reviews Respond to Requests for Information (RFI) Evaluate proposed revisions Review Shop Drawings Coordinate with adjacent Development Revise plan drawings SFWMD Certification Time and Materials Not to Exceed $84,000.00 3. Expenses Copies Mailing, shipping and delivery Mileage @ $0.29/mile Telephone and Facsimile Time and Materials Not to Exceed: PSA $10,000.00 $3,300,000.00 8-6 Total Cost Not to Exceed: SCHEDULE B ATTACHMENT II CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE lOB Project Principal Principal Engineer - Roadway) Principal Engineer - Constructability Review Principal Scientist - Permit Lead Project Manager Lead Engineer - Structures Lead Engineer - Roadway Senior Designer - Roadway Design Engineer - Structures Senior Graphics Technician Engineer Intern Graphics Technician Administrative Assistant $180.00 $162.00 $162.00 $162.00 $140.00 $130.00 $130.00 $110.00 $110.00 $85.00 $85.00 $70.00 $50.00 END OF SCHEDULE B PSA B-7 SCHEDULE C PROJECT MILESTONE SCHEDULE Schedule is based on the number of calendar days from issuance of Notice to Proceed. 1. TASK I - 30% SUBMITTAL: 180 Days 2. TASK II - 60% SUBMITTAL: 540 Days 3. TASK 111- 90% SUBMITTAL: 630 Days 4. TASK IV -100% SUBMITTAL: 720 Days 5. TASK V - POST DESIGN SERVICES: 1440 Days TPA#1953637.9 PSA -10 B C-I -10 B SCHEDULE 0 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services 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 CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. 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. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT TPA#1953637.9 PSA D-l shall immediately take steps to have the aggregate limit reinstated to the full exte~t plOdB under such policy. (5) All insurance coverages of the CONSULTANT 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT 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 CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure TPA#1953637.9 PSA D-2 ;...10L of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable TPA#1953637.9 PSA D-3 lOB (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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage TPA#1953637.9 PSA $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 D-4 (2) The General Aggregate limit shall apply separately to this Project and the P!lig~ 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." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWN ER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services underthis Agreement. _ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No TPA#1953637.9 PSA D-5 lOB (1) Automobile Liability Insurance shall be maintained by the CONSULTANT 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 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate ~ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate _ $5,000,000 each claim and in the aggregate TPA#1953637.9 PSA D-6 lOB (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT 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. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) CONSULTANT shall purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the TPA#l953637.9 PSA D-7 professional liability carrier for a reduction in the premium of CONSULTANT'S !OfQsi~al liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D TPA#19536379 PSA 0-8 CSR CH DATE (MMlD SCCOM-l 03 06 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMAllON ONLY AND CONFERS NO RIGHTS UPON THE CERllFlCATE . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - ACORD.. CERTIFICATE OF LIABILITY INSURANCE PRODUCER - ~ller & Harrison Insurance 100 W. Second St. MUscatine IA 52761 Phone: 563-263-6044 Fax: 563-263-6667 INSURED rraveler. Plt'Operty ea.I1.11:y The TraveleJ:. Ind..u.ty Co. NAlC# 25674 25658 INSURERS AFFORDING COVERAGE 11iE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POlICY PERlOO INDICATED. N01WITHSTANDrNG Nf( REQUIREMENT, TERM OR CONDITION OF Nf( CONTRACT OR OTliER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFfORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALl. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE UMlTS stiOWN MAY HAVE BEEN 'REDUCED BY PAID ClAIMS. LTR HSR TYPEOFJNSURANCE! POLICY NUMBER ~'r~~ DATE(MMI~ UMJTS GENERAL UABIUTY EACH OCCURRENCE $1,000.000 ~ 630-4885B479-TIL-0~ I =~'Es Eaoccuntnc;e) A X ~ COMMERCIAL GENERAl UABlUlY 01/01/06 01/01/07 s 300 000 - o CLAIMS MAIlE ~ OCCUR MED EXP f!<rr1 one person) $ 5.000 PERSONAL & NJV INJURY $1,000.000 ' G8'lERAl AGGREGATE $ 2.000.000 ~AGG~TELIMIT APn PER: PRODUCTS - COMP/OP AGG $2,000.000 POlICY Iil !lD8r lOC ~OMOBlLE LIABIU1Y COMBINED SINGLE liMIT $1,000,000 A ~ N<< AUTO 810-4885B479-TIL-OE 01/01/06 01/01/07 (Ea acddenl) ~ ALL OWNED AUTOS BOOILYINJURY S ~ SCHEDUlED AUTOS (Per pereon) . - ~ HIRED AUTOS BOOllYINJURY $ - ~ NON-ClWliED AUTOS (Par acddltlll) PROPERlY DAMAGE " $ (per accident) .'. --.- .. =fEUABWY AUTO ONLY - EAACCIDENT $ AAY AUTO OTHER lHAN EA N:.C S AUTO ONlY: AGG S EXCE88IUMBREUA LIABIUTY EACH OCCURRENCE '2,000.000 A ~ .OCCUR D ClAIMS MADE CUP-4885B479-TIL-OE 01/01/06 01/01/07 AGGREGATE $ 2,000,000 " s ~ ~EOUcnBLE , X RETENTION $10,000 $ WORKERS COMPEHSATION AND X IrORYLIMITS I IUffi B EMPLOYERS'LIABIUTY PKUB-4885B47-9-06 01/01/06 01/01/07 E.L EACH ACCIDENT '1,000,000 /IN'( PROPRJETORIPARTNERIEXECUTIVE OFFICERlMEMBER EXClUDED7 E.L. DISEASE - EA EMPLOYE! $1,000..000 gre<:~~~Ji~s below E.L. DISEASE - POUCY UMIT $ 1.000.000 OTHER '. ". DESClUPTION 01' OPERAl10NS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Co~~ier County Golden Gate B~vd. project. . This insurance is primary and non-contributory.Waiver of subrogation app~ies on workers compensation. Certificate holder is inc~uded as an additional insured on general liabiH ty. Genera1 Aggregate Lim:i.t Endorsem.eo.t is hereby attached to this certificate. CANCELLAllON COLLO 0 1 SHOULD Ill<< OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WlI.L ENDEAVOR TO PAAJl. ~ DAYS WRITTEN_ NOTICE TO THE CERTIFICATE HOLDER NAMeD TO THE LEFT. BUT FALURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABtuTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - stanley_Consultants Ilc. 273QO Riverview Blvdi 101 BonJ.ta Springs FL 34 3 - COVERAGES - ~l ~ J ] I I I l CERllFICATE HOLDER J Collier County, FL Board of County commissioners 3301 ~amiami ~railr East Naples FL 34112 ACORD 25 (2001/08) f ='- I INSURER A:. INSURER B: lNSURER C: INSURER 0: INSURER e: Michael ~l J -I l] ~1 I] l ] l I l I l i II II II J~ I I. l =11 II =1 ~] I J ( lOa COMMERCIAL GENERAL UABIUTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) ThIs endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 'COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED - (Section II) Is amended to Include any person or- organization you are re- . qui red to include as an additional insured 0(1 this policy by a written contract or 'written agreement in effect during this polley period and sIgned and executed by you prior to the loss for which cover~ age is sought The person or organization does not qualify as an additIonal Insured with respect to the Independent acts or omissions of such person or organization. The person or organization Is only an additional Insured with respect to liability caused by "your work" for that additional insured. 2. The insurance provided -to tl)e additional insured is limited as follows: a) In the event that the limits of liability stated In the policy exceed the limits Of lJablllty required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage Is sought, the Insurance prov.ided by this endorsement shall be limited to the limits of Ilablllty requir':ld by such' contract or agreement. This endorsement shall not In- crease the limits stated In Section 11I- LIMITS OF INSURANCE. b) The Insurance provided to the additional ln~ sured does not apply to "bodily Injury", "prop- erty damage", "personal InJury" or "advertising injury" arising out of an architect's, engineer'S or surveyor's rendering of or failure to render . any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,' field' orders, change orders, or "drawings and specifi- cations; and n. Supervisory or ,Inspection acijvitles per- formed as part of any related archltectural or engineering activities. c) This Insurance does not apply to "bodOy In- jury" or "property damage" caused by "your work" included In the "products-completed operations hazard" unless you are required to provide such coverage" for the additional in~ sured by a written contract or written agree- ment in effect during this polley period and' signed and executed by YOIJ prior to the loss for which coverage is sought and then only for the period of tlme required by such con- tract or agreement and In no event beyond the expiration date of the policy. . 3. Subpart (1)(a) of the pollution exclusion under Paragraph 2., exclusions of Bodily Injury and Property Damage Uability Coverage (Section I - Coverages) does not apply to you If the ,"bodily injUry" or "property damage" arises out of "your work" performed on premises which are owned or rented by the addltlonallnsured at the time "your work" Is performed. " . 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other' valid and collectible Insurance available to the additional insured whether primary, excess, con-. tingent or on any other basis unless a. written contract or written agreement In effect during this polley period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basIs.. When this In- surance Is' primary and there is other Insurance available to the additional .Insured from any source, we will share with that other Insurance by the method described in the policy.' 5. As a condition of coverage, each additional insured must: . a.) Give. us prompt written notice of any "occur- rence" or offense which may result in a claim and prompt written notice of "suit". CG D2 46 19 o~ Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 COMMERCIAL GENERAL LIABILITY b.} Immediately forward all legal papers to us, cooperate In the Investigation or settlement of the claim or defense against the "suit," and otherwise comply with poncy condltlons. " c.} Tender the defense and indeml!ity of any claim or "suit" to any other insurer which also Insures against a loss we cover under this endorsement. This indudes, but is not limited to, any insurer whIch has issued a policy of ins!1rance in which the additional insured qualifies as an Insured. For purposes of this i l i -: .... Collier County, FL Board of County Commissioners 3301 Tamiami Trail, East . Naples, FL 34112 ! i . I l , I 1 ~ I 1 l i ~ 1 1 l lOB .~ requirement, the term 1nsures against" refers to any self-Insurance and to any insurer which issued a policy of insuranc~ that may provide coverage for the loss. regardless of whether the additional insured has actually requested that the insurer provide the additional Insured with a defense and/or Indemnity under that policy of Insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. '\ ;~ Stanley Consultants, Inc. Policy 630-4885B479-TIL-06 Expiration 01/01/07 Page 2 of 2 Copyright, The Travelers Indemnity Company, 2002 =:Ji -:1. CG 02 46 10 02 - ... Stanley Consultants, Inc. POLICY NUMBER: 630-4885B479-TIL-06 lOB COMMERCIAL GENERAL LIABILITY ISSUE DATE:Ol-Ol- 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S} GENERAL AGGREGATE LIMIT - - This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE - Designated Project(s): Collier County, FL . Board of County Commissioners '3301 Tanrlami Trail, East Naples, FL 34112 -. l A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occur- rences" .under COVERAGE A. (SECTION Il, and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I). whIch can be attributed only to operations at a single daslg- nateef"project" shown in the Schedule above: 1. A separate Designated Project Genera!' Ag- Qregate LImit applies to each designated "pro- jeer, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are schOO- uied above. 2. The Designated Project General Aggregate limit is the most we will pay for the sum of all damages under COVERAGE A.., except damages because of "bodily Injury" or "prop~ erty damage" included In the "prod u cts- completed operatlons hazard", and for medI- cal expenses. under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Deslg:" nated Project General Aggregate Umlt for that designated "project". Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate. Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the DeclaratIons for Each Occurrence, Damage To Premises Rented To You and Medtcal Expense continue to apply. However, Instead of being subject to the General Aggregate LImit shown in the : Declarations, such limits will be subject to the applicable Designated Project General Ag- 'gregate Limit. 8. For all sums which the Insured becomes legally obllgated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION .1), and for all medical expenses caused by. accidents un- der COVERAGE C.' (SECTION I), whIch cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: CG 0211 0104 Copyright, The Travelers Indemnity Compa.ny. 2004 Page 1 of 2 P-l' - ~1 COMMERCIAL GENERAL LIABILITY - 1. Any payments .made under COVERAGE A.. for damages or under COVERAGE C. for. medical expenses shall reduce the amount available under the General Aggregate LImit or the Products-Completed O'perations Ag- gregate LImit, whichever Is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Umlt. C. Part 2. of SECTION III - LIMITS OF INSURANCE Is deleted and replaced by the following: 2. The General Aggregate Umit is the most we will p~y for the. sum of: a. Damages under Coverage 8; and b. Damages from "occurrences" under COVERAGE A. (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a sIngle designated "project" shown In the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- - - - J I J -:-:r 1,08 -. 'v!i:led, any payments for damages because of "bodily [nJury" or "property damage" Included In the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit. and not reduce the General Aggre- gate limit nor the Designated Project General Aggregate LImit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the_ following definition: .proJect" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant. to a contract or agreement. For the purposes of detennlning the applicable aggregate limit of Insurance, each "project" that Includes premises Involving the same or connecting lots, or premises whose con- nection Is Interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be consIdered a single "project". F. The provisions of SECTION 1.11 - LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. ~ Page 2 of 2 . . Copyright, The Travelers I~demnity Company, 2004 CG D2 11 01 04 ":::::J 1- j 1 1 I i I I 1 1 1 10.8 C'NA F.... All th. commitments Yau Make- PROFESSIONAL LIABILITY ARCHrTECTS/ENGINEERS INSURED: SC COMPANIES, INC. Policy 'AEA 00-822-09-75 MEMORANDUM OF INSURANCE ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY This memorandum is issued as a matter of information only and confers no rights upon the holder. By its issuance the Company does not alter, change,.modify or extend the provisions of said policy and does not waive any of its rights thereunder. Addressee: Collier County, FL Board of County Commissioners 3301 Tamiami Trail, East Naples, FL 3.4112 Name and Address of Insured: Stanley Consultants, Inc. 27300 Riverview Blvd. #' 10 1 Bonita Springs, FL 34134 Policy period: 08/05/05 to 08/05/06 $ 5,000,000 $ 5,000,000 Per. Claim limit of liability (including claims expenses) Aggregate li~it of liability (including claims expenses) The policy provides contractual liability coverage for liability of others which the insured assumes under a written contract provided such liability is caused solely by the ins!ired' s negligent act, error or omission. 1 In the event of the' cancellation of the Insurance as shown herein, the Continental Casualty Company or its authorized representative will provide thirty (30), days prior written notice to the party to whom this certificate is' addressed at the address stated herein. The mailing of such notice shall be sufficien~proof of notice. 1 The above named insured has in force, on the date indiqated below, a policy of professional liability insurance issued by the Continental Casualty Company with a limit of liability of not less than the amount indicated above. 1 Dated at: Chevy Chase, Maryland Date March' 6, 2006 1 1 VICTOR O. SCHINNERER & CO. BY: ~ --e~. 1 Authorized Representative 1-41249-A 1 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE 10 B In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stanley Consultants, Inc. 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 Design and Related Services for the Roadway Capacity Improvements (Golden. Gate Boulevard from Wilson Boulevard to DeSoto Boulevard) are accurate, complete and current as of the time of contracting. lP A# 1953637.9 PSA Stanley Consultants, Inc. BY:-~._. TITLE: ~"'('. V_\>. E-! I DATE: _~~) r:z. S- 2fJob I lOB SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS Tshaka Dennis, P.E., Project Principal 1% William Evans, P.E., AICP Principal Engineer 2% James McLellan, P.E. Constructability Review Principal Engineer 2% Marie Ecton Principal Scientist 2% Marlene Messam, P.E. Project Manager 8% Robert Smith, P.E. Lead Engineer 11% Janusz Wagner, P.E. Lead Engineer 11% Dan Hill Senior Designer 19% Eric Huskey, P.E. Design Engineer 15% Brian Cummings Senior Graphics 13% Ryan Bell Engineer Intern 10% Mary Ball Graphics Technician 5% Marquita King Administrative Assistant 2% TPA#1953637.9 PSA F-l 1 0 C c'~;l MEMORANDUM DA TE: May 25,2006 TO: John Curran, Purchasing Agent Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Dept. RE: Contract #06-3908 "Naples Landfill Scale House Upgrade" Contractor: Bradanna, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #10C) approved by the Board of County Commissioners on Tuesday, April 11, 2006. 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, you may contact me at 774-8411 Thank you, Enclosures (3) IOC '--"~ FILE NO.: ROUTED TO: 0 (; - f R (J -00 ftJ I DO NOT WRITE ABOVE TillS LINE '--,I I- : j." l'-L ".' I ! '..A_ ,_, i I r 1c. Ii JUNTY ArTOFiNc''y DATE RECEIVED: C , 2006 KAY 24 Pi! 4: 18 ITEM NO.: REQUEST FOR LEGAL SERVICES Date: May 23, 2006 To: Robert Zachary Assistant County Attorney JohnCurran \c /772 :;;/ Purchasing Ag{ht 239/417-6098 From: Re: Contract #06-3908 "Naples Landfill Scale House Upgrade" Contractor: Bradanna, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 2006 Agenda Item: 10.C This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. CL ~ ?'L- ~>() 6" IOC accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by PSI, Inc. and identified as follows: Naples Landfill Scale House Upgrades as shown on Plan Sheets 1 through 11 and CS, A1 thru A17, ES1 thru E-3, M-1 thru M-2, P-1 thru P-2, L-1 Contractor's List of Key Personnel Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Mr. Shane Cox, P.E. Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail Building H Naples, Florida 34112 GC-CA-4 IOC Tel: 239-530-5376 Fax: 239-530-5378 Email: ShaneCox@CollierGov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Brad Steinmann, Vice President Bradanna, Inc. 4901 E. Tamiami Trail Naples, FL 34113 Tel: 239-455-8891 Fax:239-417-1249 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. GC-CA-5 IOC Section 11. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the GC-CA-6 IOC Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 IOC IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: ~ o..~ FIRST WITNESS ~ \-\, ~ '\\ ,--\rt: rS / Type/~JiA ame , ( ~danna, Inc. By:. 6- '?:> (06 8~ \\ (Y'(}f\f'\ ' \\ \ CC W cS 'lOerrt- Type/Print Name and Title ~ \.' II.. r I ! ~.ji,i,,';,m /) fOIl, Date:.ffi .':~'(;..\W' ATTEST',-;:, ~,"- ~. : ~ ":";~1 : . ,! ".' DWlgl:lt,E. ~f()'ck,'il'e~.: ",t,"> .,'. ".., . ...-,- , OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: ~~~-'? ./ Frank Halas, Chairman " Atttst"a,"'to Cl't irwan , signature on111 Approved As To Form and Legal Sufficiency: ~ GC-CA-8 Executed in 6 Counterparts IOC EXHIBIT A PUBLIC PAYMENT BOND Naples Landfill Scale House Upgrade Bond No.2060572 Contract No. 06-3908 KNOW ALL MEN BY THESE PRESENTS: That 200, Naples, FL 34113 (239) 455-8891 and North American Specialtv Insurance Company Surety, located at 650 Elm Street. Manchester. NH 03101-2524 (603) 644-6600 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida as Obligee in the sum of TWO MILLION, NINETY ONE THOUSAND, TWO HUNDRED TWENTY TWO AND OO/100THS ($ 2.091.222.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. Bradanna, Inc., 4901 E. Tamiami Tr., Suite , as Principal, , as WH~AS, Principal has entered into a contract dated as of the I r""'- day of l-t J 2006 'th Obi' f Naples Landfill Scale House Upgrade. Bid No. 06.3908.loc~ted on , ' , WI Igee or White Lakes Blvd. in NaDles. Florida in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. - THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WIT~SS WHEREOF, the above parties have executed this instrument this /(#.. day of fiJj,u {! 2006, the name of each party being affixed and these presents duly sign d by Its under-Signed representative, pursuant to authonty of ItS governing body. Owner's Address: 3301 E. Tamiami Trail Naples, FL 34113 (239) 597-4880 GC-CA-A-1 Signed, sealed and delivered in the presence of: lOC PRINCIPAL Bradanna, Inc. BY: NAME: ITS: STATE OF Florida COUNTY OF {ol\.\"U The fOregOin~strument was a~knowledged before me this Ie:, toO- d,ay of M~ 20~, by roo\ st.e~{'\<<un(\ , as V lc..e..,- pr -'?~ W1 Bradanna, Inc. , a Florida corporation, on behalf of corporation. He/she is pp.rsonallv known to me OR has produced identification and did (did not) take an oath. - of the as NAME: '- My Commission Expires: t'i .7/~{ (~ ~~"II#. JENNIFER BARROWS /iW1'<t. MY COMMISSION # DD4~8799 ~.'V' i EXPIRE.'i: Aug, 7. 2009 ~ Of \\.<1 Florida Notary SaNlca,com (407) 398.()153 ary) .ef\ n : rer (Legibly Printed) 3arrev)3 :AFFIX OFFICIAL SEAL) ~ Notary Public, State of Pia lalO Commission No.: bk5LI5~/g7 ,- ATTEST: SURETY: North American Specialty Insurance Company (Printed Name) 650 Elm Street Manchester. NH 03101-2524 (603) 644-6600 (Business Address (Auth . ure) urety (Printed Name) GC-CA-A-2 IOC OR ;: OJnCUtJ' 0Jvc!-urfY Jennifer McCarta (Printed Name) Inquiries: (407) 834-0022 650 Elm Street Manchester, NH 03101-2524 (Business Address) (603) 644-6600 (Telephone Number) STATE OF Florida COUNTY OF Seminole ,- The foregoing May Attorne in Fact Surety, on behalf of Surety. Personallv Known instrument was acknowledged before me this 11th day of , 2006, by Jennifer McCarta , as of North American SDecialty Insurance Comoany He She is personally known to me OR has produced as identification and who d+Q (did not) take an oath. My Commission Expires: KATHLEEN A. CLAWSON Notary Public, State of Florida My comm. expo Aug. 30, 2008 Comm. No. DO 351092 x~ a ~r'---.J ....- (Signature) Name: Kathleen A. Clawson (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 351092 - GC-CA-A-3 IOC Executed in 6 Counterparts EXHIBIT A PUBLIC PERFORMANCE BOND Naples Landfill Scale House Upgrade Bond No. 2060572 Contract No. 06-3908 KNOW ALL MEN BY THESE PRESENTS: That Bradanna, Inc., 4901 E. Tamaimi Tr., Suite 200, Naples, FL 34113 (239) 455-8891 ,as Principal, and North American Specialty Insurance Company , as Surety, located at 650 Elm Street, Manchester, NH 03101-2524 (603) 644-6600 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County. Florida , as Obligee in the sum of TWO MILLION, NINETY ONE THOUSAND, TWO HUNDRED TWENTY TWO AND 00/100THS ($ 2,091,222.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Princi I has entered into a contract dated as of the / /4-1-- day of 2006, with Obligee for Naples Landfill Scale H use Upgrade, Bid No. 06-3908, located on White Lakes Blvd. in Naples, Florida in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. _ THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. Owner's Address: 3301 E. Tamiami Trail Naples, FL 34113 (239) 597-4880 GC-CA-A-4 lOC This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section -255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITN ESS WHE,OF, the above parties have executed this instrument this day of r!1:..1Ju , 2006, the name of each party being affixed and presents duly signed by Its underSigned representative, pursuant to authonty governing body. ~ these of its Signed, sealed and delivered in the presence of: PRINCIPAL Bradanna, Inc. ~ --- NAME:ITS: '%~$ ~:t"~~~l> STATE OF Florida COUNTY OF CD\ \ d2f' - fhe foregoing instrument was acknowledged before me this J ~i:k\ N\~ ' 2006, by ts(ocl S+-e:nf"'rC<.nn \J ~ c t.. - ~(.e.~; d~ of Bradanna, Inc. Florida corporation, on behalf of the corporation. ~nally knO\Mn ~ OR has produced as identification and did (did no take an oGlth. day of as a He/she is - ~",YPII~ JENNIFER BARROWS ~I:n MY COMMISSION # D().I58799 ~.,~ ~~Of~ll~ EXPIRF.5: Aug, 7,2009 (407) 398-0153 Florida Notary Service,com My Commission Expires: AU! ./,dC(:)C) (AFFIX OFFICIAL SEAL) Nam: 0~(\(l~kr &((evjS (Legibly Printed) Notary Public, Slale of: C~q Commission No.: l\DY~~ GC-CA-A-5 IOC - ATTEST: SURETY: North American Specialty Insurance Company (Printed Name) 650 Elm Street Manchester. NH 03101-2524 (603) 644-6600 (Business Address) ~ (Authnri7ed Sigllalure) Witnesses as to Surety (Printed Name) OR /(ancuv. CtJr~ _. ./?'~_. ) u= ../ /.. ".//~ (w6. ...... --- _Inquiries: (407) 834-0022 Jennifer McCarta (Printed Name) 650 Elm Street Manchester, NH 03101-2524 (Business Address) (603) 644-6600 (Telephone Number) STATE OF Florida COUNTY OF Seminole The foregoing instru ment was acknowledged before me this 11th day of May ,2006, by Jennifer McCarta ,as Attornev in Fact of North American Specialty Insurance Company ,a New Hampshire Surety, on behalf of Surety. He~ is personally known to me OR has produced Personallv Known as identification and who diQ (did not) take an oath. ~~ a ~s:,--.-J ( Ignature) My Commission Expires: KATHLEEN A. CLAWSON Notary Public, State of Florida My comm. expo Aug. 30, 2008 Comm. No. DD 351092 Name: Kathleen A. Clawson (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 351092 GC-CA-A-6 w NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE CaMP ANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City ofItasca, Illinois, each does hereby make, constitute and appoint: 1. W, Guignard, Bryce R. Guignard, M. Gary Francis, Paul L. Ciambriello, April L. Lively, Jennifer McCarta, Brett Ragland, Margie Morris and Katie N. Bird jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is By Steven P. Andenon, PresideDt &. Chief Executive Officer oeWashingtoD lotematioDallnsurance Company & Vice President or North American Specialty IDsuranee Company M- By #-.;~~ ~ David M. Layman, Vice President orWuhiDgton Intematioaallosurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of June , 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 22nd day of June , 20~, before me, a Notary Public personally appeared Steven P. Anderson, President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ,L-- / t~ "OFFICIAL SEAL" SUSAN ANSa ~ry p~ S1ate of Il.-a My CtlmmilsiOO &ctii'1l$116lZOO8 ; .. I, James A. Caroenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. Susan Ansel, Notary Public IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _ day of ,20_. ~~r-6~ James A. Carpenter, Vice President & Assistant SeeTetary of Washington lntcmational Insurance Company & North American Specialty lnsuJ>nCe Company "",..",Ma y, 18, 2,o.'~~~~\'!::'::';'i;'{~ ,t~"~;~,,2q,~,, ,} ELf ~,;R,2,q,~.I,~G MEARS";<<",,, ""',<,, .".;"",<"""""""<",,,N,?,:,,)::~:,~,:t:;~:{:/:~; 1"" :::""" :""".".",,,,,,,,,,,,..':':i::":!~~;;,!;~1~:,:;;:~~~'~1~\!1;,,>:;t:~;i," ",' '. :~~,:,:, ,:::::~~:!:i::::;::;!::i:~;;'!~jj:: 0; PRODUCER THIS CERTIFICATE IS ISSUED AS A MATI'ER OFlNJI()~IATION ONLY AND CONFERS NO RIGHTS uPON THE CERTIFICATE HOLDEk. THIS CERTIFICAlE DOES NOT AMEND, EXTENOOR ALTER THE COVERAGE AFFORDED BY TIlE POLICIESSELOW. COMPANIES AFFORDING COVERAGE DICK/JOHNSON/JEFFERSON BOX 11270 BRADENTON FL 34282 lNSmu:D BRADANNA INC/BRADANNA CONSTRUC TION INC/BRADANNA EXCAVATION 4901 E TAMIAMI TRL STE 200 NAPLES FL 34113 COMPANY A SOUTHERN-OWNERS INSURANCE CO COMPANY B OWNERS INSURANCE CO COMP "-Ny C GENERAL STAR INS CO/ESSEX INS COMPANY D BRIDGEFIELD EMPLOYERS THJS IS TO CERTIFY tHAT THE POLICIES OF INSURANCE LISTED BELOW HAV2 BEEN jSSUEP TO mB INSURED NAMED ABOVE FOR THE POLlCY PERIOD Il'IDICATED. NOTWITHSTANDING ANY REQUl(lEMENT. TERM Oil CONDlTlON OF ANY CONTRACT OR OTH~ DOCUMENT WITH RESPECT TO WI1ICI-{ TlflS CERTIFICATE MAY BE ISSIJED OR MAY PERTAIN, THE INSURANCE AFFORDED 5... tHE POLICIES DESCRIBED HEREIN JS SUBJBCT TO ALL mE TERMS, EXCLUSIONS AND CONDlTIONS OP SUCH POLICIES, LIMJTS SHOWN MAY HAV6 BEEN REDUCED BY PAIl> CLAIMS. CO LTIt TYPE OF INSUlUNCl! l'OLlC'l1 Nl./MllaR CltNltRAL LIABILITY 2 0 5 9 0 2 9 3 X COMMERClAL GENERAL lWlILIn CLAIMS MAP!' [X] OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOlllLlt LlAlllU-ry 4242347500 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X i HIRED AUTOS X I NON-{)WNED AUTOS GARAGE UABILlTY ANY AUTO EXCESS Lll\BIUTY UMBRELLA FORM X OTHeR THAN UMBRELlA FORM IXG398914 83031245 WORlC!:RS COMPENSATION AND EMI'LOYllRS' LlABIUTY I THE PROPRIETORI i PAATNJ:;ll.SIJ:;XEC\JTlVJ:; Ot'FlCERS A,RE: O'THER INCL EXCI. XMR13639 EXCESS LIAB & WC I'OLICY :&FF&crlVE l'OLlCY EXPIRA TI DATE (MMIDDIYV) DATE (!I(MJDl)/YY) LIMITS 8 01 05 8/01/06 GENEl\A.L AOOREGA't'l; PRODUCTS - COM PlOP AGG PERSONAL & ADV INJURY EACH OCCUll.UNCt 52,000,000 $2,000,000 $1 000/000 sl,OOO,OOO 50,000 $ 5,000 1,000,000 ! $ FIRE DAMAGE (Anyone for./ MED EXP (Any _ l"'rsun) COMBINED SINGLE L1M IT BODILY INJUR Y (~ ponon) j BODILY INJURY I (""r=i.zn') PROPERTY DAMAGE $ AUTO ONLY. EA ACCIDENT $ OTHER THAN AUTO ONLY: EACl-1 ACCIDENT $ A.GGRJ:;GATE $ o 9 /21/05 0 9/21/ 0 6 ~Cll OCCURJ!ENCJ:; $ 2 0 0 0 0 0 0 AGGREGATE ~ 2 , 0 0 0 0 0 0 ,02 14/06 02/14/07 09 21/05 09/21/06 OTH- ER EL EACH ACCIDENT 5 0 0 0 0 0 tl DISEASE-I'OUCYLIMJT 500, 000 Ill, DlSEMll-E^ EMPLOYEE $ 5 0 0 1 0 0 0 LI 2,000,000/2,000,000 PESClUPTJON 0' OPERA TIONSIJ..OCA, TJONSIVEIDCLESISPECJAL 1n:1\I5 REF: NAPLES LANDFILL SCALE HOUSE UPGRADE BID#06-3908 CERTIFICATE HOLDER IS ADDITIONAL INSURED FOR GENERAL LIABILITY ~~~:~~;~~jt~j~;~!~~ttj~;;i ~i~!~~~~~~;~~~~~!j:~~~~ji~j:[~~~~j~t~;~~~~~~~~~W~!i~t;~~~~~~!~~~ii~:1~i~~t~~~~~,.::~!' : :~~.;..~~.:. ~~.. ..:. ~ .' . COLLIER COUNTY BOARD OF COMMI- SSIONERS GOV CTR PUR DPT BLD G 3301 TAMIAMI TRL E NAPLES FL 34112 SHOULD ANY 01' THE ABOVE DESCRIBED I'OLlClE5 BE Co\NCE;LLIID 5EI'O~E Tm; EXPIKATlON DATE THEREOF, THE ISSuING COMPANY WILL ENDEAVOR TG"AJL ~ DAYS WRITTEN NOTIC& TO THE CEJtTInCATt ROWER N~/vI.e:D TO THEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OILIABILlTY OF ANY KIND UPON THE C A1J11l0lUZl>D ltEPMSENTATJVE IOC EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following mInimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole respo nsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor 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 GC-CA-B-1 IOC coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any ded uctibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes _ No GC-CA-B-2 IOC (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee 2L $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) o Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) o Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 50,000 General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage -2L General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage IOC .. < $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." _. (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) o Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) o Applicable X Not Applicable PROPERTY INSURANCE. BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 IOC whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the ~_. Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perilS to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? L Yes _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 GC-CA-B-5 IOC Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 IOC EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2006 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final) Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2006, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-1 IOC EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNTDUETH~ % APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ 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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature ) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 rT I- ~'--- L r/) w ;:) <i! > LL. o W ...J ;:) C W :J: (.) r/) I I-- l I j I :J .= 'E o <.> 01- .. I- Ii iii Z i: ~ J ~ '[ ~ - \.:~ ! E :0 .. itl. i e ~ 'C r~ I Wc ...J~...J ~z~ oo:(:r 1-1-1- It!~ I I r 1 I ~:i .... 0:( !! ",z8 ~ :l ~! W Cl ~~ ....0:( ~ I w:r uoo Zz :3~11.l. 0:(0 IDI- w I-W ZI- WW u...J IE: 0. w::lE 0.0 U Cc ...J~ww o:(wIX:~ 15itgc l-::lEenO 8olSI- 000 w...J IE: 0:( oU: I-w oo~ ::lE c enQ J:IX: I-W I c Q. W I- W ..J ooW I Q. zl- :E 00:( 0 1-0 <.> o:(W UU :.:: ::;~ IX: 0.00 ~ 0. o:(w 001- :Jo:( QC >:J WIE: 1E::r 0.1- 0 W I ...JW i~11 I Z 0 ii: 12 U 00 w C I IE: ::lEw wID I 1-::lE -:J I z I I I I I I~I I I 8 ~~ .~ ~ I~~ .iij , e E 'O.i! c-e:8 o u~ .gt3 Q) Q) ... I,) o .6 Ij~ ;Q-g VJ I,) VJ al ~a. -1'5.!!! g$ I~ {g I E a; 8~ VJ Qj -~ t5 al gg c:.::o 8 al Q) E I E.B =.!:- C . I ::l e: c:: E o ::l ~8 E~ ,Eal- ,!;;O I = ::l al1: ~I- ~,E . c:: ~~Ie- Q)a. (u .~ ~~ ~_.: .~L ~ ~ I ::l ,!;; 1: Q) I- e: 1?,g _1-1,) u;~ -- e: Q) .QJ:: B~ I = Q) ~~ ~ 1? ~ .~ -;; ~ - - - - - ~-;;':N Q..::lQ) Q3 C ~ -0 ,Q .- S n; & VJEe: c 0 ro E'E13 .2=Q) 8ro~ -- Q) !? ::!! I,) ..:; Q) ,!; 1?g;~ :::1~ ,E ,la Q) e: J:: Co I~ i ~~- Co Co J:: I~I~~II I I en ..J ~ o I- lOC r I T T 1 --f- -- I -+- I 1 - N o <i: () I () C> I 1!- I I "--' IOC EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount ...........................................................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ..................... ............. ......................... $ Revised Agreement Amount ...........................................................$ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Authorized by: Division Administrator Date: (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: Project GC-CA-E lOC EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for Its Intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 IOC 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 ,2006 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2006 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2006 OWNER By: Type Name and Title GC-CA-F-2 lOC EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2005 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3, Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. GC-CA-G-1 Acknowledgments: By Contractor: By Design Professional: By Owner: GC-CA-G-2 ---...: lac (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) lOC EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1 .1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC-CA-H-1 lOC those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responSible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or othelWise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 lOC 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 in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager. for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 lOC ,~ 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. GC-CA-H-4 lOC 4.7 Each Application for Payment, subsequent to the first pay application, shall b~ accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. GC-CA-H-5 IOC 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of GC-GA-H-6 IOC substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 IOC 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. 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 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-contractor's 8.1.4 The number of Contractor's and Sub-contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall GC-CA-H-8 IOC faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly aCknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 IOC 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the fonn attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual eqUipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or GC-CA-H-10 1,OC sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 IOC or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party GC-CA-H-12 lOC for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be GC-CA-H-13 lOC bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion GC-CA-H-14 lOC of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written GC-CA-H-15 IOC notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner. after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if GC-CA-H-16 IOC they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct GC-CA-H-17 lOC the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. GC-CA-H-18 lOC 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. GC-CA-H-19 IOC 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews qf other parties authorized by the GC-CA-H-20 lOC Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas GC-CA-H-21 lOC identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. GC-CA-H-22 lDC 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, GC-CA-H-23 lOC the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25.000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTeD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. GC-CA-H-24 lOC Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement GC-CA-H-25 1QC requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purChase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The superviSOry employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a superviSOry (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. GC-CA-H-26 IOC 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates GG-CA-H-27 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 1.0 C Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. GC-CA-H-28 lOC ..tIIIlII!I EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS a. The Notice to Proceed will be issued only after the following documentation has been submitted to Owner: a. Complete contractual documents, including payment and performance bonds and insurance certificate; b. Progress schedule, which shall utilize the Critical Path method of scheduling and Microsoft Project; c. Submittal schedule; d. Draw (funding) Schedule, which shall consist of a monthly projection of the value of the work to be completed and materials stored for the entire duration of the project; e. Safety Program/Risk Management Program; f. Quality Assurance/Quality Control Program; and g. Security Plan 2. The CPM Schedule and Draw Schedule shall be updated monthly and submitted with each Contractor Application for Payment. If both items are not submitted with Application for Payment, that payment will be withheld until both items are received and accepted by the Owner and Engineer. GC-CA-I-1 lOC EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 lac Naples Landfill Scale House Upgrade COLLIER COUNTY BID NO. 06-3908 COLLIER COUNTY, FLORIDA Design Professional: PSI, Inc Sub-consultant: Davidson Engineering Sub-consultant: Bert Thomas Architect COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 IOC TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and SpeCifications prepared by PSI, Inc and identified as follows: Naples Landfill Scale House Upgrade as shown on Plan Sheets 1 through 11 and CS, A1 thru A17, ES1 thru E-3, M-1 thru M-2, P-1 thru P-2, L-1. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records lac PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Naples Landfill Scale House Upgrade COUNTY BID NO. 06-3908 Separate sealed bids for the construction of Naples Landfill Scale House Upgrade, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 30th day of January, 2006, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be retumed unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building lOG" at 10:00 a.m. LOCAL TIME on the 13th day of January, 2006, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via email toJohnCurran@CollierGov.net. No questions will be accepted after January 20, 2006 @ 3:00PM. All questions will be answered in an Addendum that will be issued on January 23, 2006 via email to all plan holders. The Engineer's Estimate for this project is One Million Four Hundred Thousand Dollars and no cents ($1,400,000.00). Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Naples Landfill Scale House Upgrade Bid No. 06-3908 and Bid Date of January 30, 2006". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC- P-1 through GC-P-15) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $100.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 GC-PN-1 lOC Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder aCknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One Hundred and Eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 30th day of December, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell Purchasing/General Services Director GC-PN-2 lOC PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 lOC location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid DeDosit Reauirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be retumed to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 IOC Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time speCified in the Legal Advertisement. Section 8. InterDretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 IOC opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. GC-IB-4 IOC .; Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB-5 IOC Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Acf', Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time reqUired. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any publiC contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-I B-6 IOC subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entitv Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list follOWing a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-IB-7 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 417-6098 FAX (239) 530-6596 IOC http://co.collier.fl.us ADDENDUM DATE: January 26, 2006 TO: Interested Bidders FROM: John P Curran Purchasing Agent SUBJECT: Addendum # 1 - Bid #06-3908- "Naples Landfill Scale House Upgrade" Addendum #1 covers the following changes for the referenced Bid: CHANGE: Opening date of January 30, 2006 to POSTPONED: Bid has been postponed until all questions that have been asked are completely processed. At that time a new opening date will be set and sent via Addendum to all plan holders. Suppliers submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Technical Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page WS-P-1 of the Bid Proposal. If you have any questions regarding the specifications, please contact Shane Cox, Project Manager, Public Utility Engineering Department at 239/530-6214, fax 239/530-5376, or by email toShanecox@collierqov.net. A-1 cc: Shane Cox, Project Manager IOC A-2 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 417-6098 FAX (239) 530-6596 IOC http://co.collier .fl. us ADDENDUM DATE: February 15, 2006 TO: Interested Bidders FROM: John P Curran Purchasing Agent SUBJECT: Addendum # 2 - Bid #06-3908- "Naples Landfill Scale House Upgrade" Addendum #2 covers the following changes for the referenced Bid: ADD: Page GC-PN-1 - First Paragraph Bid Opening Date February 24. 2006 @2:30PM. Question # 1: Specification for hollow metal frames states .093 12ga.? Answer: The hollow metal door frames have been changed to reflect 16 ga. Question # 2: Specifications for finishes for the corridors. Not on the schedule? Answer: Addition to the room finish schedule to reflect the finishes for the corridors as follows, VeT flooring, vinyl base, painted walls and acoustic ceilings. Question # 3: Windows marked A & B please explain Pos. & Neg. pressure, are these to be hurricane rated even though they have a shutter over them? Answer: Must be Hurricane rated Windows and Shutters. Question # 4: Are rub rails included for each of the three scales? A-1 Answer: The rub rails need to be included for each of the three scales. The rub rl 0 C should at least run the length of the scales or long enough to ensure safe entrance and exit. .. Question # 5: How thick a layer of asphalt is "resurfacing" reference bid schedule B? Answer: Mill 1" average depth and resurface with a friction course 1" average depth. Question # 6: Sheet A2 plan shows both #22 pneumatic tubes and # 18 express delivery system. A9 west elevation shows E D S. A 11 shows pneumatic tubes but no drawers. If both are to be used where does the pneumatic tubes go to as Sheet A 17 does not appear to have a location? Answer: Eliminate the tubes. Question # 7: Is the retaining wall running along the outside of the truck scales, correctly scaled out at 1" = 20' ? Answer: It is incorrect should scale out at 1" = 30' the civil drawings are to be referenced solely in this situation. The retaining wall should scale out to be 120' long and shall be centered on the 80' truck scale (furthest away from the operations building). As per the Site Plan by Davidson Engineering. Question # 8: Will phasing plan be changed and sent to all plan holders? Answer: The Phasing plan is to stay the way it currently is. Question # 9: Gate Specifics? Answer: The gate specification Should be metal, 7 to 8 feet high, each gate 25 to 30 feet wide, each opening approximately 20 feet wide (entrance and exit for a total of 40 fee), keypad outside as well as controllable from scalehouse. Suppliers submitting proposals for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Technical Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page WS-P-1 of the Bid Proposal. If you have any questions regarding the specifications, please contact Shane Cox, Project Manager, Public Utility Engineering Department at 239/530-6214, fax 239/530-5376, or by email toShanecox@collierQov.net. cc: Shane Cox, Project Manager A-2 IOC '.. CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Naples Landfill Scale House Upgrade BID NO. 06-3908 Full Name of Bidder Bradanna, Inc. Main Business Address 4901 E. Tamiami Trail Naples, FL 34113 Place of Business 4901 E. Tamiami Trail Naples, FL 34113 Telephone No. ?~q-4i:)i:)-RRql Fax No. 7.~9-417-1249 State Contractor's License # CGC 1507 312 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principalS are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: 2 February 15, 2006 Addendum Number 1 Date Issued January 26, 2006 Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 IOC BID SCHEDULE Naples Landfill Scale House Upgrade Bid No. 06-3908 Bidder proposes to furnish and install the following in accordance with the scope of work in the Contract Documents: BASE BID (Lump Sum) The total cost including all materials, equipment, allowances, and related work required to completely and properly construct the project as indicated in the construction documents with the exception of the below items. One Million six Hundred One Thousand & xx/1~LLARS $1,601,000.00 ADDITIONS I DELETIONS I REPLACEMENTS ADD: Demolish and dispose of old scalehouse. [SDP Plans page 4 of 11 called "Scale Bldg"] ADD: Install 35 KVA UPS for backup/redundancy, wiring as necessary. DELETE: Onan LP Gas 49KW generator shown on plans [Architectural Plans page E3 "Generator Sizing Data"] REPLACE WITH: Install Diesel power Generator of minimum 75KW with belly tank, min 72 hr operation at 80% DELETE: Gas water heater shown on Architectural Plans page P2 REPLACE WITH: Electric water heater DELETE: CARRIER Air Conditioner shown on Architectural Plans page M2 REPLACE WITH: properly sized TRANE Air Conditioner, minimum 12 SEER DELETE: Two pan/tilt/zoom cameras at front of scalehouse outside scale room shown on Architectural Plans page E2 GC-P-2 lOC ALTERNATES 1) Truck Scales rShown on SDP plans paqe 4 of 111 The vendor must be local (Lee or Collier County), able to provide support service for the supplied scales, and must be able to respond to a request for this service within one (1) hour after notification. Scales shall be in conformance with attached scale specification sheets. Two Hundred Thirteen Thousand Seven Hundred DOLLARS $213,746.00 Forty six & XX/IOO 2) Cameras and Card Access System Provided by Johnson Controls Inc and as shown on Architectural Plans, all pages in Section E. See attached proposal for list. Ninety Nine Thousand Nine Hundred sixteen & DOLLARS $99,916.00 XX/100 3) Install metal roof in lieu of tile roof shown on plans (Architectural Plans, pages A9, A10) Contractor to install properly designed metal roof, designed for 150 mph wind load, color to be selected by owner. (deduct) Eleven Thousand Two Hundred Fifty & XX/100 DOLLARS ($11,250.00) 4) Inqress / EQress & site QradinQ and soddinq, with minimum code style landscapinq. [SDP Plans page 4 of 11] Following removal of existing scalehouse, grade site and prepare for landscaping per owner's direction. In addition to code landscaping required per plans, GC to design and install landscaping along road from building to front gate, within a ten (10) feet wide area along each side of road, similar to Level "A" buffer (Level A buffer landscaping includes one tree per 30 foot of length in a 10 foot wide strip and is further described in the Collier County Land Development Code). Include irrigation controlled from scalehouse. Twenty One Thousand Four Hundred Sixty Nine DOLLARS $21,469.00 & XX/100 5) Replace front Gate with automatic Qate. Remove existing gate and replace with electronically controlled heavy duty gate tied to Johnson Controls Card Access System. Gate will be remotely controlled from G C-P-3 loe ALTERNATES {Continued} scalehouse and supported by generator power. Stucco fence will be pressure washed and painted. Install new sign, to the design supplied by Collier County Solid Waste Management Department. Forty six Thousand Nine Hundred Eiohtv Two DOLLARS$46,982.00 & XX/IOO 6) Installation of hurricane shutters (crank stvle) for all windows. [refer to Architectural Plans page A 13] (deduct) Seven Thousand & XX/IOO DOLLARS ($7,000.00) 7) Construction of Pavement. [SOP Plans page 4 of 11] From 200 feet north of scalehouse to White Lake Blvd, on both roadways (in/out), repair all asphalt, resurface roadways and repair curbs, stripe asphalt and replace transportation signs, grade and repair shoulders. All work should comply with FDOT specifications appropriate to traffic flow such as is seen at the Landfill (vehicle type, # trucks per day, etc). One Hundred Ten Thousand Ninety Eight & XX/I~LLARS$iI0,098.00 8) Add two tilt/pan/zoom color cameras to cover front Qate. monitor traffic cominQ and QoinQ from landfill Cameras should report back to scalehouse tied into designed multiplexer. Include security lights at gate. Nine 'l'l1ousand Two Hundred Sixty One & xx/l o CO 0 LLARS $9,261.00 GC-P-4 loe . ~ MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. 2. 3. 4. Concrete Cemex Vinyl Composition Tile Armstrong World Industries Paint Sherwin-Williams Acoustical Tile Armstrong 5. Rlprtrir~' ~prvirp P~np' Square "D" Dated Fphrll~ ry ?4. ?006 Rr;:)fl~nn~. Tnr. ~,B, idder BY: .fti) ~ Brad.sEe mann- Vice President GC-P-5 lOC !i:J LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are, "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. CateQorv of Work Subcontractor and Address 1. L6Indscaping Palm Coast Landscapinq Na pJ E'S, FT. 2. Painting ~tQrpwinp P~int;ng Bonita Sprinqs, FL 3. Plumbinq Coa5tal PJllmbing Naples. FT. 4. Drywall 'T'prr~rn ~tllrrn F,. Drywi'lll N~pl P~. FT. 5. Truck Scales Mprrn ~ri'llp F,. Sy~tpmR T,eh i gh Acres, FL Dated Fp'hrll~ry ?4, ?006 Rri'lni'lnna, Tnc. ~~~ Brad Steinmann vice President GC-P-6 lOC STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Marco Town Center Marco Island, FL Equity One, Inc. 1696 N.E. Miami Gardens Drive Miami Gardens, FL 2. Naples Airport Authority Naples, FL Naples Airport Authority 160 Aviation Drive Naples, FL 3. Americnn Express Fin Advisors Naples, FL American Express Corp 777 American Expressway Ft. Lauderdale, FL 4. Mark Sinqer D.M.D. Office Naples, FL Mrlrk SinCJpr 10687 Airport Road ste 17 Naples, FL 5. North Na?les Pediatrics Naples, FL Ash Attia 9160 Galeria Court Nrlpl ps. FT. 6. Tigertail Concession Marco Island, FL Jnp n<=>, ;'It-P - r'nll i pr r'nllnt.y 3300 Santa Barbara Naples, FL Dated February 24, 2006 Rradanna, Inc. Bidder B~~ rad Stelnmann -~--,.- vice President GC-P-7 loe TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) 1. 2. 3. Simple sloping LF 4. 5. Unit (Quantity) Extended Cost Unit Cost 4144 1. 00 4,144.00 TOTAL $4,144 00 Failure to complete the above may result in the Bid being declared non-responsive. Dated February 24, 2006 Bradanna, Inc. ~,Bi~ BY: -~ ---- Brad~ . mann vice President GC-P-8 lOC Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within One Hundred and Fifty (150) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within Thirty (30) calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of f= \("),"\00 County of Q,l:) \ \\ e, ~\OC1 ~\" ('\'\Q nf'\ , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. O('a.CA ~=\\\mo.\\" , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-9 lOC (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of P' n r; c1 rl which operates under the legal name of Bradanna, Inc. , and the full names of its officers are as follows: President Joe Steinmann Secretary Brad Steinmann Treasurer ,Toe Stei nmann Manager The vi (,E' presi dent is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken Fe b r u a r y 2 3, 2 006 , a ..c.e.t:t.jfied~..of ..w.tUch. is-I:ler.eto- attached.( stri ke out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity GC-P-10 Y.~ffi O~ i;p~ li "ness ~ P ~') -- Name of Bidder (Typed) Brad IOC steinmann Rrrtc'];:lnnrt. Tnc. Signature vice President Title STATE OF Florida COUNTY OF ("(")11; pr The foregoing instrument was acknowledged before me this 2At.h day of Februa ry , 2006, by Rrrtn ~rp; nmrtnn , as Vice President of BradQnna, Inc ' a Flori da 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. ... ~~Y'''", JENNIFER BARROWS .,. VI MY COMMISSION # 00458799 "'1'or!\ll~ EXPIRES Aug, 7. 2009 (<107) ~153 Ronda Nototy SeMce.com NAME: rr00~ My Commission Expires: hU 'l, ;;;lC09 (AFFIX OFFICIAL SEAL) Notary Public, State of ~\O\\do. Commission No.: DD458iq<1 GC-P-11 IOC BUSINESS CONTACT INFORMATION Rr;::Jc1;::Jnn;::J. Tnr (Firm's Complete Legal Name) Main Business 4901 E. Tamiami ~r;::Ji1 (Address) Naples, FL 34113 (City, State, ZIP) Contact Name Brad steinmann Title Vi C'p Prpsi c1pnt Phone No. 239-455-8891 FAX No. ::ng-41 7- 1 ?4g Email address: Rr;::Jc1Ial'Rr;::Jc1;::Jnn;::J rnm AAAAAAAAAAAhAAAAAAAAAAAAA**AAAAA4A~AAAA1AAAAAAAAAAAA4AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA4A1AA ADDITIONAL CONTACT INFORMATION Send Payments To (REQUIRED ONLY if different from above) (Company Name used as Payee) (Address) (City, State, ZIP) Contact Name Ki m Ayprs Title Ac1m; n; st r;::J t; vp Ass; st- rint- Phone No. ? i q 4 i:) i:) R R q 1 FAX No. :7 '3 9 .:11 7 -12 4 9 Email address: K i m(cUR r Cl d Cl n n Cl . c nm Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) (Address) (City, State, ZIP) Contact Name RrCld stei nmClnn Title Vie e Pre sid e n t Phone No. 239-455-8891 FAX No. ? i q - 41 7 - 1 ? 4 q Email Address: 'Rrri (I@Bror'l;::Jnnri rnm GC-P-14 IOC THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: 06-3908 : Naples Landfill Scale House Upgrade; January 30, 2006 @ 3:00PM. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq 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 Inc. l-ce President Steinmann DATE: February 24, 2006 GC-P-15 ;'u :. 3 ~j 4.. I 1 ~ '19 O1l2b/06 0:: :'6 PM Fr'.J[J1 VunHlll IiJalil(;(- IOC !Jage 2 01 ~~ ~ .' COI.LIER COUNTY GOVERNMENT PURCHASING DEPJ,RTMENT ADMINISTRATIVE ~.ERVICES DIVISION 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (2391417-6098 FAX {2391530-6596 http://,~o.collier.f1.us ADDENDUM DATE January 26. 2006 TO I nterE ,sted Bidders FROM: Johr P Curran Pur:hasing Agent SUB,'ECT: Addendum # 1 - Bid #OG-3908- "Naples Landfill Sc:ale House Upgrade" Addendum #1 covms the following changes for the referenced Bid CHANGE: Openirlg date of January 30, 2006 to POSTPONED: Bid has been po~;tponed until all questions that have been asked are completely processed. At that time a new opening date will be set and sent via Addendum to all plan holders, Suppliers submitting proposals for the above-referenced proJE~ct shall take note of the following change;, additions, deletions. clarifications. E'tC.. to the Techr ical Specifications whil;h in accordance with the Contract Documents shall become a Jart of and have precedence over anything shown or described otherwise NOTE: Bidders must acknowledge Receipt of Addendum on Page WS-P-1 of the Bid Proposal. If you have any questions regarding the specifications, please contact Shane Cox, Project Mar ager, Public Utility Engineering Department at 239/530-6214, fax 239/530-5376. or by email to Shanecox@colliergovnet ,,-. 4-1 ~~ } IOC illI1I " BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Bradanna, Inc. (herein after called the Principal) and. North American Specialty Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of New Hampshire with its principal offices in the city of Manchester and authorized to do business in the State of FLORIDA are held and firmly bound unto the Collier County Board of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent of the Amount Bid dollars ($ --...5%..... ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Naples Landfill Scale House Upgrade Bid No. 06-3908 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of Amount Bid noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-12 IOC IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 30th day of Januarv ,2006. Countersi (Seal) Principal Surety (Seal) Jen ifer McCarta, Local Resident Producing Agent for North American Specialty Insurance Company Inquiries: (407) 834-0022 GC-P-13 ~ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERN A TIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City ofItasca, Illinois, each does hereby make, constitute and appoint: J. W. Guignard, Bryce R. Guignard, M. Gary Francis, Paul L. Ciambriello, April L. Lively, Jennifer McCarta, Brett Ragland, Margie Morris and Katie N. Bird jointly or severally Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two ofthe President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifYing the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ~\",\\\lllll"'""" rM2- ' ~~'~~':""'" ~~ c\WTY ~~~ ~\..._~"" ~~to~'Oii:;x',~ .. ~" '~~\"- f ~/ SEAL "'\ ~o%- By RATE a _ c1; Steven P. Andenon, President &. ChlefExecutlve Omeer orWashiDgtoD International Insunnce Company & . I: i5. ~~'1. 1973 ",J - Vice PresidenlorNorth American Specially iD.urance Company SEAL!; E ~~~ #/ RtIZOKA ,r;:i "" L..,1t"Mp<;i..' ~,:; ~7.(4i''''''''''it' ~.. j' ~ ~, ~4: 0".11 ~\*~ ,,~ ~ * P 1///"'11I11\1\\\\ By, _ - .......m......' David M. Laymaa, Vice Presldeat ofWasblngton Internatloual Iasuran&e Company &, Vice Praldent of North AmericaD Specialty IDJU raDce Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of June , 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County ofDu Page ss: On this 22nd day of June . 20~ before me, a Notary Public personally appeared Steven p, Anderson, President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OPFICtALSEAl." SUSAN ANsa ~ry Pltk, Slate dlllnaia MyCtlmmIssilJn &pires 1l612OO8 I, James A. Camenter . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. /~ / t~ Susan Ansel, Notary Public __ IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2!L day of JANUARY ,20~. ~~y6~ James A. Carpenter, Vice President & Assistant Secretary of Washington lntemationallnsurance Company & North American Specialty Insurance Company loe CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Bradanna, Inc., ("Contractor") of4901 E. Tamiami Trail, Naples, FL 34113 a Florida Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Naples Landfill Scale House Upgrade, Bid No. 06-3908 ("Project"), as said Work is set forth in the Plans and Specifications prepared by PSI, Inc, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: two million, ninety-one thousand, two hundred twenty-two dollars and zero cents ($2,091,222.00). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of GC-CA-1 IOC acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within One Hundred and Fifty (150) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand One Hundred and Two Dollars and Sixty Six Cents ($1102.66) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial GC-CA-2 lac Hundred and Two Dollars and Sixty Six Cents ($1102.66) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and GC-CA-3 MEMORANDUM Date: April 12, 2206 To: Randall Cohen, Community Development From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-84 Conveyances of Transfer of Development Rights (TDR) Conservation Easements Enclosed please find one copy of the document referenced above, Agenda Item #16A1, approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, please contact me at 774- 8411 Thank you. Enclosure 16Al ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception ofthe Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to eontact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC otliee only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Number of Original Documents Attached Yes (Initial) N/ A (Not A licable) Phone Number Agenda Item Number 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awa e of our deadlines! The document was approved by the BCC on 4. 1/ ;fOO{:> (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. tL -- ?L U-- ~C- I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16Al RESOLUTION NO 06-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DELEGA TING SIGNA TORY AUTHORITY TO THE COUNTY MANAGER FOR THE PURPOSE OF ACCEPTING CONVEYANCES OF TRANSFER OF DEVELOPMENT RIGHTS (TDR) CONSERVATION EASEMENTS. WHEREAS, the Rural Fringe Mixed Use District, an Agricultural/Rural Designation of the Future Land Use Element of the Growth Management Plan, was created in part to direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity, to maintain the natural water regime and to protect listed species of fish, plants and wildlife in their habitats; and WHEREAS, the Rural Fringe Mixed Use District provisions in the Growth Management Plan call for "the establishment of a simple, expeditious process whereby private property owners may, by right, 'sell' residential dwelling units from lands designated as Sending Lands" under a program to be "administratively reviewed and approved, requiring no further public hearing or Board approval if consistent with the provisions for administrative approval;" and WHEREAS, the creation of Transfer of Development Rights (TDR) credits requires the execution of Conservation Easements in favor of Collier County pursuant to Land Development Code (LDC) Subsection 2.03.07 DA.f.ii (a), which in turn requires the acceptance, by signature, of Collier County as grantee on the TDR Conservation Easement instruments; and WHEREAS, the signature by the County Manager, or his designee, would further a simple, expeditious process in connection with the acceptance of TDR Conservation Easements as part of the TDR program. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Authority is hereby explicitly delegated to the County Manager or his designee to sign as grantee on behalf of Collier County any TDR Conservation Easement associated with the TDR program that has been approved in compliance with procedures established by and under authority of the Land Development Code, Sections 2.03.07 and 2.03.08. /1 !his Resolution adopted after motion, second and majority vote this -LL day of -ttprr I ,2006. ATTEST;,.,,""'" . DWI,G;t!l' ~~ )[~OCK '.~ ~.. "_ "~. . . ~ .. 'c ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JJ( l~ot..~s:~;~~~W:~ c~erk .tg,lit"\b'nl- By: ~?:~ ./ FRANK HALAS, Chairman 16A4 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of A'l'llL ,2006 between Bayvest, LLC, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. The 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 Heritage Bay Phase Two-A. B. Chapters 4 and 10 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 the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) 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$1,607,012 which represents 10% of the total contract cost to complete construction plus 100% of the probable cost 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, the County Manager or his designee, 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 the Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee 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 4/3/2006- 163460 Ver: 02!- CHAVES CAIf43 03766-320-000- ESBM- 30533 16A4 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager 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 Developers' 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 County Manager or his designee 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 County Manager or his designee. The County Manager or his designee 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 their obligations under this Agreement, upon certification of such failure, the County Manager or his designee 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 and shall be binding upon the Developer and the respective successors and assigns of the Developer. 31312006- 163460 Ver: 011. CHAVES c_, N0442-213-001- ESBM- 30262 16A4 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this li day of i.\L. 20(j$. SIGNED IN THE PRESENCE OF: ~tI~ U..dl.tEiToPtt.e<t c. H~'teS Printed or typed name G~ "S! P4 k Printed or typed name ATTEST: ~':~\ DWIGHT 'E. a;RO'CrC, CLERK B~~~'f.L. ,t...... ,. . 3/3/2006- 163460 Ver~ 011- CHAVES CA"3 N0442-213-001- ESBM- 30282 By: ( Russell Smith, Vice President BOARDOFCO~RS OFCO~ -<"~ By: Frank Halas, Chairman FIDELITY Gl.:ARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD (77041) Box 2863. HOllSTON, TEXAS 77252-2863 PHONE (713) 599-2575 16A4 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-06084 ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. 10707 CLAY ROAD HOUSTON, TEXAS 77041 ATTN: LETTER OF CREDIT DEPARTMENT DATE OF ISSUE: MARCH 2~, 2006 PLACE OF EXPIRY : AT ISSUER'S COUNTERS LOCATED AT 10707 CLAY ROAD, HOUSTON, TEXAS 77041 DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL MARCH 28, 2008, AND SHALL THEREAFfER BE AUTOMATICALL Y RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSURE NOTIFIES THE BENEFICIARY IN WRITING TO STAFF (AT ENGINEERING REVIEW SERVICES, 2800 N. HORSESHOE DRIVE, NAPLES, FL 341O~) BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: BAYVEST, LLC (HEREINAFfER "APPLICANT') 10481 SIX MILE CYPRESS PARKWAY, FORT MYERS. FL 34112 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 34112. AMOUNT: $1,607,012.00 (U.S.) UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: FIDELITY GUARANTY AND ACCEPTANCE CORP. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SlGHT DRAWN ON THE ISSUER DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: BAYVEST, LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE PORTABLE WATER, WASTEWATER, DRAINAGE, PAVING AND/OR LIGHTING ADDITIONS, EXTENSIONS AND/OR IMPROVEMENTS AS SHOWN ON THE PLANS FOR HERITAGE BAY PHASE 2A PPL, OR PRIOR TO THE DATE OF EXPIRY THE APPLICANT FAILED TO COMPLETE THE REQUIRED FINAL ACCEPTANCE PROCEDURES AS REQUIRED BY THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY AS REQUIRED BY THAT ORDINANCE." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRA WN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP., CREDIT NO. FGAC-06084, DATED MARCH 24, 2006." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING. AND SUCH UNDERT AKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENTS, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES 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. 16A4 OUR REFERENCE NO. FGAC-06084 PAGE 2 THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 (OR LATER GENERALLY APPLICABLE) REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 (OR LATER PUBLICATION NO.) FIDEU: G~AR~.TY A",XCCINCE C. ORP. l\..- '-~( L<1.tt ~ t') 4lk<-\.I..,,- WILLIAM D. GUNTRUM, VICE PRESIDENT 16A4 , !,ft ,I Wilsl1nMiller .. New Directions In Planning, Design & Engineering Engineer's Opinion of Probable Cost, 9/15/05 HERITAGE BAY PHASE 2A PPL Summary Potable Water $361,854 Wastewater $443,070 Drainage $190,275 Paving $353,911 Lighting $108,500 Silt Fence $3,308.60 Total $1,460,919.62 110% of total estimated contract costs: $1,456,994.59 * 110% = $1,607,012 a~o, Christopher C. Hayes, P.E. License No. 60725 WilsonMiller, Inc. - FL L1C. #LC-00017 Wilson Miller, Inc. Certificate of Authorization #43 9/1512005 - 156165 Ver:l- AHOLLAND CAM3 NO.42-213-001 - EWRK ~ 29794 .. 16A4 it Wilsl1nMiller .. New Directions In Planning, Design & Engineering Project: Heritage Bay Phase 2A PPL oPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 Checked by: Heritage Bay Phase 2A PPL ope Earthwork, Paving & Drainage Description Sub Total Paving $353,911.42 Drainage $190,275.00 Lighting (31 Poles @ S3500.CO/pole) $108,500.00 $3,308.60 Silt Fence (33086LF @S1.00ILF) Total Amount $655,995.02 Utility Description Sub Total Potable Water $361,854.40 Sanitary Sewer $443,070.20 Tulal Amount $804,924.60 __ ~-~-a6 . opher C. Hayes, P.E. License No. 60725 WilsonMiller, Inc. - FL L1C. #LC-OOOi7 WilsonMiller, Inc. Certificate of Authorintlon ;143 9/1512005. 156165 Ver:1- AHOLLAND CAM3 N0<442-213-001 - EWRK - 29794 16A4 " fl' ~, . 'J WilsonMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope POTABLE WATER - SHEET 7 Total Description Unit Price Quantity Total Amount 16" pvc CL 150 Water Main LF $30.00 1,063 $31,890.00 16" PVC CL200 Water Main LF $36.00 55 $1,980.00 10" PVC CL 150 Water Main LF $22.40 31 $694.40 10" PVC CL200 Water Main LF $26.80 42 $1,125.60 8" PVC CL 150 Water Main LF $17.00 212 $3,604.00 8" PVC CL200 Water Main LF $18.60 124 $2,306.40 6" PVC CL 150 Water Main LF $12.00 48 $576.00 6" PVC CL200 Water Main LF $15.00 40 $600.00 16" Gate Valve EA $5,50000 4 $22,000.00 8" Gate Valve EA $1 173.00 6 $7.03800 6" Gate Valve EA $1,000.00 4 $4,000,00 Fire Hydrant Assembly EA $3.200.00 0 $0.00 Temporary Blow-Off EA $2,000.00 4 $8,000.00 RPZ Backflow & Master Meter Assembly EA $7,500.00 2 $15,00000 6" Double Check Detector Assembly EA $4,500.00 1 $4,500.00 8" Double Check Detector Assembly EA $6,500.00 2 $13,000.00 Single Water Service (Typ.) EA $540.00 0 $0.00 Double Water Service (Typ.) EA $650.00 0 $0,00 $116,314.40 9/15/2005.156165 Ver:1. AHOLLAND CAlU3 N0442.213.001 . EWRK . 29794 WilsonMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope POTABLE WATER - SHEET 8 Total Description Unit Price Quantity Total Amount 16" pvc CL 150 Water Main LF $30.00 1,169 $35,07000 16" PVC CL200 Water Main LF $36.00 0 $0.00 10" PVC CL 150 Water Main LF $22.40 0 $0.00 10" PVC CL200 Water Main LF $26.80 0 $0.00 8" PVC CL 150 Water Main LF $17.00 156 $2,65200 8" PVC CL200 Water Main LF $18.60 99 $1,841.40 6" PVC CL 150 Water Main LF $12.00 38 $456.00 6" PVC CL200 Water Main LF $15.00 0 $0.00 16" Gate Valve EA $5,500.00 4 $22,000.00 8" Gate Valve EA $1,173.00 5 $5.865.00 6" Gate Valve EA S1,000.00 3 $3,000.00 Fire Hydrant Assembly EA $3,200.00 0 $0,00 Temporary Blow-Off EA $2,000.00 0 $0.00 RPZ Backflow & Master Meter Assembly EA $7,500.00 2 $1500000 6" Double Check Detector Assembly EA $4,500.00 0 $0.00 8" Double Check Detector Assembly EA $6,500.00 0 $0.00 Single Water Service (Typ.) EA $540.00 0 SO.OO Double Water Service (Typ.) EA $650.00 0 SO.OO $85.88440 16ALi I 9/1512005 - 156165 Ver:1- AHOlLAND CAIll43 N0442-213-001 . EWRK - 29794 WilsonMiller Project: Heritage Bay Phase 2A PPL oPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope POTABLE WATER - SHEET 9 Total Description Unit Price Quantity Total Amount 16" pvc CL 150 Water Main LF $30.00 1,113 $33,390.00 16" PVC CL200 Water Main LF $36.00 60 $2,160.00 10" PVC CL 150 Water Main LF $22.40 0 $0.00 10" PVC CL200 Water Main LF $26.80 0 $0.00 8" PVC CL 150 Water Main LF $17.00 130 $2,210.00 8" PVC CL200 Water Main LF $18.60 86 $1,59960 6" PVC CL 150 Water Main LF $12.00 5 $60.00 6" PVC CL200 Water Main LF $15.00 40 $600.00 16" Gate Valve EA $5,500.00 4 $22,000.00 8" Gate Valve EA $1,173.00 2 52,34600 6" Gate Valve EA $1,000.00 0 SO.OO Fire Hydrant Assembly EA $3.200.00 3 $9,600.00 Temporary Blow-Off EA $2,000.00 0 $0,00 RPZ Backflow & Master Meter Assembly EA $7,500.00 2 $15000.00 6" Double Check Detector Assembly EA $4,50000 0 $0,00 8" Double Check Detector Assembly EA $6,500.00 0 $0.00 Single Water Service (Typ.) EA $540.00 1 $540.00 Double Water Service (Typ.) EA $650.00 15 S9,75000 $99,25560 16A4 9/15/2005 -156165 Ver:1. AHOlLAND CAiL43 NO....2.213-001 - EWRK - 29794 J6A4 WilSt1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope POTABLE WATER - SHEET 10 Total Description Unit Price Quantity Total Amount 16" PVC CL 150 Water Main LF $30.00 1,181 $35,430.00 16" PVC CL200 Water Main LF $36.00 0 $0.00 10" PVC CL 150 Water Main LF $22.40 0 $0.00 10" PVC CL200 Water Main LF $26.80 0 $0.00 8" PVC CL 150 Water Main LF $17.00 0 $0.00 8" PVC CL200 Water Main LF $18.60 0 $0.00 6" PVC CL 150 Water Main LF $12.00 0 $0.00 6" PVC CL200 Water Main LF $15.00 0 $0.00 16" Gate Valve EA $5,500.00 0 $0.00 8" Gate Valve EA $1,173.00 0 $0.00 6" Gate Valve EA $1,000.00 0 $0,00 Fire Hydrant Assembly EA $3.200.00 3 $9.600.00 Temporary Blow-Off EA 52,000.00 0 $0.00 RPZ Backflow & Master Meter Assembly EA $7,50000 0 $0.00 6" Double Check Detector Assembly EA $4,500.00 0 $0,00 8" Double Check Detector Assembly EA $6.500.00 0 $0.00 Single Water Service (Typ.) EA $540.00 8 $4,32000 Double Water Service (Typ.) EA $650.00 17 $11.050.00 $60400.00 9115/2005 . 1 56165 Ver: 1- AHOLLANO CAlI43 N0442.213-001 . EWRK . 29794 16A4 WilSl1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope SANITARY SEWER - SHEET 7 Total Description Unit Price Quantity Total Amount 8" PVC Gravity Sewer (0'-6' cut) LF $20.00 483 $9,660.00 8" PVC Gravity Sewer (6'-8' cut) LF $25.00 503 $12,575.00 8" PVC Gravity Sewer (8'-10' cut) LF $33.00 0 $0.00 8" PVC Gravity Sewer (10'-12' cut) LF $44.00 0 $0,00 8" PVC Gravity Sewer (12'-14' cut) LF $65.00 0 $0.00 Manhole (0'-6' cut) EA $2,700.00 2 $5.400.00 Manhole (6'-8' cut) EA $3,400.00 2 $6,80000 Manhole (8'-10' cut) EA $4,800.00 0 $0,00 Manhole (10'-12' cut) EA $5,800.00 0 $0.00 Manhole (12'-14' cut) EA $7,20000 0 $0,00 Lift Station EA $126,300.00 0 $0.00 6" PVC CL 150 Force Main LF $42.50 1.105 $4696250 6" PVC CL200 Force Main LF $48.70 56 $2,727 20 Single Sanitary Sewer Lateral EA $600.00 5 $3,000.00 Double Sanitary Sewer Lateral EA $680.00 0 SO.OO Television Inspection LF $2.00 986 $1,97200 $89,09670 9/15/2005 - 156165 Ver:1. AHOlLAND CAlI043 N0442-213.QOl . EWRK - 29794 1614, WilSl1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope SANITARY SEWER - SHEET 8 Total Description Unit Price Quantity Total Amount S" PVC Gravity Sewer (0'_6' cut) LF $20.00 0 $0.00 8" PVC Gravity Sewer (6'-S' cut) LF $25.00 124 $3,100.00 S" PVC Gravity Sewer (S'-10' cut) LF $33.00 532 $17,556.00 8" PVC Gravity Sewer (10'-12' cut) LF $44.00 513 $22,572.00 8" PVC Gravity Sewer (12'-14' cut) LF $65.00 24 $1,560.00 Manhole (0'-6' cut) EA $2,700.00 0 $0.00 Manhole (6'-8' cut) EA $3,400.00 0 $0.00 Manhole (S'-10' cut) EA $4,800.00 5 $24,000.00 Manhole (10'-12' cut) EA $5,800.00 2 511,600.00 Manhole (12'-14' cut) EA $7,200.00 1 $7,200.00 Lift Station EA $126,300.00 1 $126,300.00 6" PVC CL 150 Force Main LF $42.50 269 $11,43250 6" PVC CL200 Force Main LF $48.70 0 $0.00 Single Sanitary Sewer Lateral EA $600.00 3 $1,SOO.00 Double Sanitary Sewer Lateral EA 5680.00 0 $0.00 Television Inspection LF $2.00 1,193 $2,386.00 $229,50650 9/1512005.156165 Ver:1- AHOlLAND CAilM3 NO~~2-213-001 . EWRK. 2979~ 16A4 Wilsl1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope SANITARY SEWER - SHEET 9 Total Description Unit Price Quantity Total Amount 8" PVC Gravity Sewer (0'-6' cut) LF $20.00 794 $15,880.00 8" PVC Gravity Sewer (6'-8' cut) LF $25.00 395 $9,875.00 8" PVC Gravity Sewer (8'-10' cut) LF $33.00 0 $0.00 8" PVC Gravity Sewer (10'-12' cut) LF $44.00 0 $0.00 8" PVC Gravity Sewer (12'-14' cut) LF $65.00 0 $0.00 Manhole (0'-6' cut) EA $2,700.00 2 $5,400.00 Manhole (6'-8' cut) EA $3,400.00 2 $6,800.00 Manhole (8'-10' cut) EA $4,800.00 1 $4,800.00 Manhole (10'-12' cut) EA $5,800.00 0 $0.00 Manhole (12'-14' cut) EA $7.200.00 0 $0.00 Lift Station EA $126,300.00 0 $000 6" PVC CL 150 Force Main LF $42.50 0 $0.00 6" PVC CL200 Force Main LF $48.70 0 $0.00 Single Sanitary Sewer Lateral EA $600.00 5 $3,000.00 Double Sanitary Sewer Lateral EA S680.00 12 $8,160.00 Television Inspection LF $2.00 1.189 $2,37800 $56,293.00 9/15/2005. , 56165 Ver:1- AHOLLAND CA143 N0442.213.001 - EWRK - 29794 16A4 .", 'r:; WilsonMiller Project: Heritage Bay Phase 2A PPL ope PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope SANITARY SEWER - SHEET 10 Total Description Unit Price Quantity Total Amount 8" PVC Gravity Sewer (0'-6' cut) LF $20.00 0 $0.00 8" PVC Gravity Sewer (6'-8' cut) LF $25.00 476 $11,900.00 8" PVC Gravity Sewer (8'-10' cut) LF $33.00 512 $16,896.00 8" PVC Gravity Sewer (10'-12' cut) LF $44.00 187 $8,228.00 8" PVC Gravity Sewer (12'-14' cut) LF $65.00 0 $0.00 Manhole (0'-6' cut) EA $2,700.00 0 $0.00 Manhole (6'-8' cut) EA $3,400.00 1 $3,400.00 Manhole (8'-10' cut) EA $4,800.00 1 $4,800.00 Manhole (10'-12' cut) EA $5,800.00 1 $5,800.00 Manhole (12'-14' cut) EA $7,20000 0 $0.00 Lift Station EA $126,300.00 0 $0.00 6" PVC CL 150 Force Main LF $42.50 0 $0.00 6" PVC CL200 Force Main LF $48.70 0 $0.00 Single Sanitary Sewer Lateral EA $600.00 2 $1.200.00 Double Sanitary Sewer Lateral EA $680.00 20 $13,600.00 Television Inspection LF $2.00 1,175 $2,35000 $68,174.00 9/1512005.156165 Ver:1- AHOLLAND CA#43 N0442.213-001 . EWRK. 29794 16A4 WilsOnMiller .. New Directions In Planning, Design & Engineering Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 Checked by: Heritage Bay Phase 2A PPL ope STORM SEWER - SHEET 7 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 135 $4,320.00 18" RCP LF $38.00 0 $0.00 36" RCP LF S75.00 0 SO.OO Type F Curb Inlet EA $3,400.00 4 $13,600.00 Grate Inlet EA $3,540.00 0 $0.00 Th roat I n let EA $3,260.00 0 $0.00 18" Flared End EA $1,02000 0 SO.OO 36" Flared End EA $2,300.00 0 $0.00 Total $17,920.00 STORM SEWER - SHEET 8 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 135 $4,32000 18" RCP LF $38.00 0 $0.00 36" RCP LF $75.00 0 $0.00 Type F Curb Inlet EA $3.400,00 4 $13,60000 Grate Inlet EA $3,540.00 0 $000 Throat Inlet EA $3,26000 0 $0.00 18" Flared End EA $1,020.00 0 SO.OO 36" Flared End EA $2 300 00 0 SO 00 Total $17,92000 9/1 5120Q5 ~ 156165 Ver:l- AHOLLAND CA....3 NQ4<42-213-001 - E~K. 29794 16A4 WilSl1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope STORM SEWER - SHEET 9 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 34 $1,088.00 18" RCP LF $38.00 104 $3,952.00 36" RCP LF $75.00 433 $32.475.00 Type F Curb Inlet EA $3.400.00 0 $0.00 Grate Inlet EA $3,540.00 1 $3,540.00 Throat Inlet EA $3,260.00 4 $13,040.00 18" Flared End EA $1,020.00 1 $1,020.00 36" Flared End EA $2,300.00 2 $4,600.00 Total $59,715.00 STORM SEWER - SHEET 10 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 0 $0.00 18" RCP LF $38.00 0 $0.00 36" RCP LF $75.00 872 S65,400.00 Type F Curb Inlet EA $3,400 00 0 $0.00 Grate Inlet EA $3,540.00 2 $7,080.00 Throat Inlet EA $3,260.00 4 513.040.00 18" Flared End EA $1.02000 0 SODa 36" Flared End EA $2,30000 4 S9;200.00 Total 594,72000 9/1512005 -156165 Ver:1~ AHOLLANO C_3 N0442-213-001 - EVVRK . 29794 16A4 Wilsl1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-00 1 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope PAVING - SHEET 7 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 2271 $16,918.95 Valley Gutter LF $6.19 0 $0.00 1.5" Asphaltic Concrete Sy $3.30 4270 $14,091.00 8" Limerock Base SY $6.98 4270 $29,804.60 12" Stabilized Subgrade SY $1.76 5040 $8,870.40 4" Concrete Sidewalk ( 5' wide) SY $15.10 592 $8,939.20 Sodding (B.O.C.) 1 sy $1 .46 1008 $1,471.68 Road Prep and Final Grade2 SY $1.00 4270 $4,270.00 Signing & Pavement Markings LS $3,625.00 1 $3,625.00 Total $87,990.83 9/1512005.156165 Ver 1-AHOlLAND CA#43 N0442-213-001 - EWRK . 29794 16A4 Wilst1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. New Directions In Planning, Design & Engineering Checked by: Heritage Bay Phase 2A PPL ope PAVING - SHEET 8 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 2395 $17,842.75 Valley Gutter LF $6.19 0 $0.00 1.5" Asphaltic Concrete SY $3.30 4375 $14,437.50 8" Limerock Base SY $6,98 4375 $30.537.50 12" Stabilized Subgrade SY $1.76 5175 $9,108.00 4" Concrete Sidewalk (5' wide) SY $15.10 650 $9,815.00 Sodding (B.O,C.)1 SY $1 .46 1063 $1,551.98 Road Prep and Final Grade2 SY $1.00 4375 $4,375.00 Signing & Pavement Markings LS $2,925.00 1 $2,925.00 Total $90.592.73 9,1512005 - 156165 Ver-1- AHOlLAND CA043 N0442-213-001 - EWRK - 29794 16A4 WilsOnMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope PAVING - SHEET 9 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 670 $4,991.50 Valley Gutter LF $6.19 1717 $10,628.23 1.5" Asphaltic Concrete SY $3.30 4395 $14,503.50 8" Limerock Base SY $6.98 4395 $30,677.10 12" Stabilized Subgrade SY $1.76 5191 $9,136.16 4" Concrete Sidewalk ( 5' wide) SY $15.10 619 $9,346.90 Sodding (B.O,C.)1 SY $1.46 1060 $1,547.60 Road Prep and Final Grade2 SY $1.00 4395 $4,395.00 Signing & Pavement Markings LS $2,904.82 1 $2,904.82 Total $88,130.81 9/1512005 - 156165 Vl'>r 1- AHOlLANO CA#4J N0442-213-001 - EWRK - 29791 16 / ]~ , '1 I . ..., WilsOnMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope PAVING - SHEET 10 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 52 $387.40 Valley Gutter LF $6.19 2369 $14,664.11 1.5" Asphaltic Concrete SY $3.30 4303 $14,199.90 8" Limerock Base SY $6.98 4303 $30,034.94 12" Stabilized Subgrade SY $1.76 5104 $8,983.04 4" Concrete Sidewalk ( 5' wide) SY $15.10 672 $10,147.20 Sodding (B.O.C.)1 SY $1.46 1076 $1,570.96 Road Prep and Final Grade2 SY $1.00 4303 $4,303.00 Signing & Pavement Markings LS $2,906.50 1 $2,906.50 Total $87,197.05 9/1512005.156165 Ver 1- AHOLLAND C""'3 N0442.213-001 . EWRK. 29794 "',~ COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS TIllS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into this _ day of . 2006 between Bayvest, LLC, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Flori hereinafter referred to as the "Board". RECITALS: A. The Developer has, simultaneously, with the delivery of this Agreement, applied r the approval by the Board of a certain plat of a subdivision to be known as Heritage Bay Phase B. of the CoUier 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, 1HEREFORE. in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as fo]]ows: I. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system. irrigation and street lighting improvements within eighteen (18) months from the ~ of approval~d 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 amountof$l,607,012 which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to com e required improvements at the date of this Agreement. ~ c,J ~ lft - Ws 3. In the event of defuult by the Developer or failure of the Developer t complete such ~ improvements within the time required by the Land Development Code, may tS -0 / call upon the subdivision perlbrmance security to insure satisfuct.ory completion of the J1 wed improvements. t: 4. The required improvements not be considered complete until a statement of substantial completion by the Develope engineer along with the final project records have been furnished to be reviewed and approved by th for compliance with the Collier County Land Development Code. e shaD, within sixty (60) days of receipt of the statement of bstantial completion either: a) noti.fY the Developer in writing of his preliminary approval of the improvements; or b) notifY the Developer in writing of his refusal to approve 3l3t2CJD8. 18S4<<l Vw: 01 ~ CHA'Y9 "'"" Nl44Z>213<<11- ESfIM. 30;112 f 16A4 improvements, therewi to obtain the . ces fact constructed and submitted Agreement. 6. The Developer shall . tain all required impJi period of one year after preliminary pproval by the 0 After the one-year maintenance od by the Developer has the Developer shall petition the to inspect equired improvements. The n r-8F.JHs desi~ee shall insp e improvements and, if found to be still in compliance with the Collier County Land De el pment Code as reflected by final approval by the Board, the Board shall release the rernai'n 10% of the subdivision performance security. The Developers' responsibility for mainte of the required improvements shall continue unless or until the Board accepts maintenan Ii nsibility for and by the County. S' months after the execution of this and once wi . every six months thereafter the Developer may request the reduce the dollar amount of the subdivision performance security on the is of work complete. Each request for a reduction in the dollar amount of the subdivision erformance security shall be accompanied by a statement of substantial completion by the veloper's engineer together with the proje records necessary for review by the ". The I} Services l)jR'ct9r may grant the request for a reduction in the amount of the subdivision I perfonnance security for the improvements completed as of the date ofth.e request. 8. In the event the Developer shall fail or n ect to fulfill their obli ations under this Agreement, upon certification of such fu.iJure, the may call upon the subdivision performance security to secure satisfuct:ory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maUttain, 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 indelDIli:fY 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 tenos, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. I 313120O&-18301<<1 Vor:011-aiAYES """'. _.2-213-001- es_ 302112 :,"'!o ..... -16A4 .." IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of 2005. SIGNED IN TIlE PRESENCE OF: W&l~ C"'~I'T~ C. Ht.\ff:S Printed or typed name Wiriss ~U'c.2>. m~ LvCtA S. 11/+ f<.T/,J Printed or typed name A TrEST: DWIGHf E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: _ Frank Halas, Chainnan Approved as to form and Legal Sufficiency: .h...ffi. er A TClat71r",ar Assistant County Attorney 3I3/2006.1l134eO """ 011, CHA'iES CA04, _42-213.001, ESBM- 30282 [PRINTER TABLE command: COURI~R~ ITEM NO. :C1o-(j~- COl~ DATE RECEIVED: / l6A4 CUL;i:T'( A 1~~ ::" ::' ,: l'~' :~~ - -:- I~ . I""',;'" I j I:'.... TOr~:: \/ FILE NO, : C... ~ -: ... ',f ""'..... ~- }..~ ('\ . 1- :" : ..'~ ,';',~. .-l t:; ;'~'T U : f '_' ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: March 30, 2006 AR- 8784 - To: Office of the County Attorney, Attention: JeffWrighl From: John R. Houldsworth, Senior Engineerj. ~ Development Services, Engineering Review L.. vc..\" ~A:'l-' t~ - ?t.e tA. ~ ~\) .~.. ~ ~ &A4t ~ C~\)".\-'f ~~e~ U>M.tM.u, \--~ i ~~ n.t ,,,.,,,,,,,~ \- ~....c.-.. Y~t.~,..... ~l~.te~ ~\- i..\ a\)" ~61~j Re: Heritage Bay Phase 2A TWo - A- BACKGROUND OF REQUESTIPROBLEM: Please review attached Construction & Maintenance Ag sufficiency. (Are there documents or other information needed to revic TItis item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: Review, execute if found to be sufficient, and return to this office. OTHERCO~ENTS: ~ L ~~ ~~ - VI ,13()/O~ 2. 3. RECEIVED WilsonMiller APR 1 2006 FOLDER# / , ...~ 16IL!-" . , WilsOnMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope SANITARY SEWER - SHEET 10 Total Description Unit Price Quantity Total Amount 8" PVC Gravity Sewer (0'-6' cut) LF $20.00 0 $0.00 8" PVC Gravity Sewer (6'-8' cut) LF $25.00 476 $11,900.00 8" PVC Gravity Sewer (8'-10' cut) LF $33.00 512 $16,896.00 8" PVC Gravity Sewer (10'-12' cut) LF $44.00 187 $8,228.00 8" PVC Gravity Sewer (12'-14' cut) LF $65.00 0 $0.00 Manhole (0'-6' cut) EA $2,700.00 0 $0.00 Manhole (6'-8' cut) EA $3,400.00 1 $3,400.00 Manhole (8'-10' cut) EA $4,800.00 1 $4,800.00 Manhole (10'-12' cut) EA $5,800.00 1 $5,800.00 Manhole (12'-14' cut) EA $7,200.00 0 $0.00 Lift Station EA $126,300.00 0 $0.00 6" PVC CL 150 Force Main LF $42.50 0 $0.00 6" PVC CL200 Force Main LF $48.70 0 SO.OO Single Sanitary Sewer Lateral EA $600.00 2 $1,20000 Double Sanitary Sewer Lateral EA $680.00 20 $13,600.00 Television Inspection LF $2.00 1.175 $2.350.00 $68,17400 9115/2005.156165 Ver:'. AHOLLAND CA#43 "J0442.213-001 - EWRK. 29794 I I J6A4 .jf '1fi Wilsl1nMiller .. New Directions In Planning, Design & Engineering Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 Checked by: Heritage Bay Phase 2A PPL ope STORM SEWER - SHEET 7 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 135 $4,320.00 18" RCP LF $38.00 0 $0.00 36" RCP LF $75.00 0 $0.00 Type F Curb Inlet EA $3.400.00 4 $13,60000 Grate Inlet EA $3,540.00 0 $0.00 Throat Inlet EA $3,260.00 0 $0.00 18" Flared End EA $1,020.00 0 $0.00 36" Flared End EA $2,300.00 0 $0.00 Total $17.920.00 STORM SEWER - SHEET 8 Description Unit Price Total Quantity Total Amount 15" RCP LF $32,00 135 $4.320.00 18" RCP LF $38.00 0 $0.00 36" RCP LF $75.00 0 $0.00 Type F Curb Inlet EA $3.400.00 4 513,60000 Grate Inlet EA $3540.00 0 5000 Throat Inlet EA 53,260.00 0 $0.00 18" Flared End EA $1,02000 0 SO.OO 36" Flared End EA $2,300.00 0 ,000 Total $1792000 9/1512005 - 156165 Ver:1- AHOLLANO CA#43 N0442.213-001 - EVv'RK . 29794 16A4 WilSt1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope STORM SEWER - SHEET 9 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 34 $1,088.00 18" RCP LF $38.00 104 $3,952.00 36" RCP LF $75.00 433 $32.475.00 Type F Curb Inlet EA $3,400.00 0 $0.00 Grate Inlet EA $3,540,00 1 $3,540.00 Throat Inlet EA $3,260.00 4 $13,040.00 18" Flared End EA $1,020.00 1 $1.020.00 36" Flared End EA $2,300.00 2 $4,600.00 Total $59,715.00 STORM SEWER - SHEET 10 Description Unit Price Total Quantity Total Amount 15" RCP LF $32.00 0 $0.00 18" RCP LF $38.00 0 $0.00 36" RCP LF $75,00 872 $65.400,00 Type F Curb Inlet EA $3,400.00 0 $0.00 Grate Inlet EA $3.540.00 2 $7.080.00 Throat Inlet EA $3,260.00 4 $13.04000 18" Flared End EA $1,02000 0 SO.OO 36" Flared End EA $2,30000 4 $9,20000 Total $94,720,00 911512005.156165 Ver:1- AHOLLAND CM43 N0442.213.001- EWRK.29794 WilsOnMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope PAVING - SHEET 7 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 2271 $16,918.95 Valley Gutter LF $6.19 0 50.00 1.5" Asphaltic Concrete SY $3.30 4270 $14,091.00 8" Limerock Base SY $6.98 4270 $29,804.60 12" Stabilized Subgrade SY $1.76 5040 $8,870.40 4" Concrete Sidewalk ( 5' wide) SY $15.10 592 $8,939.20 Sodding (B.O.C.)' SY $1.46 1008 $1,471.68 Road Prep and Final Grade2 SY $1.00 4270 $4,270.00 Signing & Pavement Markings LS 53,625.00 1 $3,625.00 Total $87,990.83 16A4 9/1512005 - 15S165 Ver 1- AHOLLAND CM43 N0442-213-001 - EWRK - 29794 16Alr . WilsOnMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope PAVlNG - SHEET 8 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 2395 $17,842.75 Valley Gutter LF $6.19 0 $0.00 1.5" Asphaltic Concrete SY $3.30 4375 $14,437.50 8" Limerock Base SY $6.98 4375 $30,537.50 12" Stabilized Subgrade SY $1.76 5175 $9,108.00 4" Concrete Sidewalk ( 5' wide) SY $15.10 650 $9,815.00 Sodding (B.O.C.) 1 SY $1 .46 1063 $1,551.98 Road Prep and Final Grade2 SY $1.00 4375 $4,375.00 Signing & Pavement Markings LS $2,925.00 1 $2,925.00 Total $90,592.73 9(15/2005 - 156165 Ver 1. AHOlLAND C_3 N0442-213-001 - EWRK - 29794 16ALf< WilsOnMiller Project: Heritage Bay Phase 2A PPL ope PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPL ope PAVING - SHEET 9 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 670 $4,991.50 Valley Gutter LF $6.19 1717 $10,628.23 1.5" Asphaltic Concrete SY $3.30 4395 $14,503.50 8" Limerock Base SY $6.98 4395 $30,677.10 12" Stabilized Subgrade SY $1. 76 5191 $9,136.16 4" Concrete Sidewalk (5' wide) SY $15.10 619 $9,346.90 Sodding (B.O.C.) 1 SY $1 .46 1060 $1,547.60 Road Prep and Final Grade2 SY $1.00 4395 $4,395.00 Signing & Pavement Markings LS $2,904.82 1 $2,904.82 Total $88,130.81 9/1512005 - 156165 Ver 1- AHOLLAND CA#43 N0442~213-001 - EWRK - 29794 16Ah, . WilSl1nMiller Project: Heritage Bay Phase 2A PPL OPC PIN: N0442-213-001 Calc by: DCH 8/5/2005 .. Checked by: New Directions In Planning, Design & Engineering Heritage Bay Phase 2A PPl ope PAVING - SHEET 10 Description Unit Price Total Quantity Total Amount Type "F" Curb & Gutter LF $7.45 52 $387.40 Valley Gutter LF $6.19 2369 $14,664.11 1.5" Asphaltic Concrete SY $3.30 4303 $14,199.90 8" Limerock Base SY $6.98 4303 $30,034.94 12" Stabilized Subgrade SY $1.76 5104 $8,983.04 4" Concrete Sidewalk ( 5' wide) SY $15.10 672 $10,147.20 Sodding (B.O.C.) 1 SY $1.46 1076 $1,570.96 Road Prep and Final Grade2 SY $1.00 4303 $4,303.00 Signing & Pavement Markings LS $2,906.50 1 $2,906.50 Total $87,197.05 9/15/2005 - 156165 Ver ,- AHOLLAND CI\#.43 N0442-213-001 - EWRK - 29794 ~ 16ft {, I) i\ C'L" .,. l_'/- . ,'1,~~ iJ / I . , I /1 ..' LJ '. -A.r-. : n ~ If)- J . J~--}--,) . () -- ..-<.../ COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS TIllS CONSTRUcnON AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into this _ day of ,2006 between Bayvest, LLC, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Flori hereinafter referred to as the "Board". RECIT AI.S: A. The Developer has, simultaneously, with the delivery of this Agreement, applied fi rthe approval by the Board of a certain plat of a subdivision to be known as Heritage Bay Phase B. of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements, NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) months from the ~e of approval,Fid subdivision plat, said improvements hereinafl:er referred to as the required Improvements. \ rb 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amountof$I,607,012 which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to com e required improvements at the date of this Agreement. -t.. U~ ~ lfl.. - Ws 3. In the event of defiwlt by the Developer or fililure of the Developer complete such ~ improvements within the time required by the Land Development Code, may tS-o / call upon the subdivision performance security to insure satisfuctory completion of the r aired improvements. ~ 4. The required improvements shal.l not be considered complete until a statement of substantial completion by the Develope engineer along with the final project records have been furnished to be reviewed and approved by for compliance with the Collier County Land Development Code, e shall, within sixty (60) days of receipt of the statement of bstantial 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 31312008- IlI34<<) Vr. 01 ~ CI1o'.'t'1SS CM03 NJ4.42-213-00l- ESfIU. :103I2 16 Alb l COU.~+7 f\\~r -or hi S Je~,' f provements if they are in the requirements of this 6. period of one year After the one-year the Developer shall petition the equired improvements. The en r-er.JHs Elesit;nee shall insp t e improvements and, if found to be still in compliance with the Collier County Land De el pment Code as reflected by final approval by the Board, the Board shall release the remai 'n 10% of the subdivision performance security. The Developers' responsibility for main of the required improvements shall continue unless or until the Board accepts maintenan sibility for and by the County. S' months after the execution of this Ag eem and once wi . every six months thereafter the Developer may request the reduce the dollar amount of the subdivision performance security on the is of work complete. Each request for a reduction in the dollar amount of the subdivision erformance security sball be accompanied by a statement of substantial completion by the veloper's engineer tog er with the proje records necessary for review by the '. The o Selvices DiJ:ecter may grant the request for a reduction in the amount of the subdivision I performance security for the improvements completed as of the date of the request 8. In the event the Developer shall fuil or ne ect to fulfill their obli ions under this Agreement, upon certification of such fu.ilure, the C may call upon the subdivision performance security to secure satisfuctory completion. repair and maintenance of the required improvements. The Board shall have the right to const.JUct 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 indeIIlIliiY the Board upon completion of such construction, the final total cost to the Board thereot;, 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 and shall be binding upon the Developer and the respective successors and assigns of the Developer. I J 31312006- 183<100 'lor: 011- CHAVES """. NO<<2-21~1- ESW. 30:182 ,,," 16 .A l( IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of 2005. SIGNED IN TIlE PRESENCE OF: W7e~ c~~",.oI'tQ. c. H~'t€"S Printed or typed name Wiriss ~U'c..~' m~ Lc.lC I AS. 11 It (l;1 ~ Printed or typed name A1TEST: DWIGHT E, BROCK, CLERK By: Approved as to form and Legal Sufficiency: kJte3' A Yl~t'7lr"alll_ Assistant County Attorney 3I3QOO6. ,_ v.r: 011, CHAVES (N<, N0442-213-001. ESBM- 30282 B: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman [PRINTER TABLE command: COURI~~ / ITEM NO. :a.o-L\~- OOl~ DATE RECEIVED: 161l~ .-- - r-' I '-, ,-- ...... _ - f c- ;... i' ;.. ; i~, ;~. I' ~ ,---'; :':~ C:JL;,-:-T$ /\l,'TOr~: .__I( FILE NO. : ROUTED TO: C:;.~ f.,~ "':: ":' ,...;!:: ~.:~ ('~ ' l' ..... ( ;, ~..,..J hI ~ ~~ t 0_, DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: March 30, 2006 AR- 8784 - To: Office of the County Attorney, Attention: JeffWrigh] From: John R. Houldsworth, Senior Engineerj,...J Development Services, Engineering Review 1.. vC,,\A. ~A:~" ,~ - ?t~ fA. ~ t!4o ~a. ~ ~ e.&4t ~ Ct'I$"'-\-t ~tTe~ U>M.~~\--~ i ~~ ~ 1.~ \. 1."'-: \. ~....' ..... Y~H.~,-..... l>l~'le~ ~\-yo".. .J61",j Re: Heritage Bay Phase 2A Two - A- BACKGROUNDOFREQUEST~ROBLEM: Please review attached Construction & Maintenance Ag sufficiency, (Are there docwnents or other information needed to revic This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: Review, execute if found to be sufficient, and return to this office. OTHERCO~ENTS: ~ 1. ~~ ~~ - V~I ,13()IO~ 2. 3. RECEIVED WilsonMiller APR 1 2006 1 ~ FOLDER# ...... ~e 16t~ 6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS If. THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION I, l ... IMPROVEMENTS entered in this l--'l "I""14,~r! day of ..)t..L'I 2006, between Tousa Homes, Inc., d/b/a Engle Homes of SW Florida. hereinafter referred to as "Developer", and the Board of County Commissioners of Collier C0~nty, Florida, herein~fter referred to as the Board". .r 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: Reflection Lakes at Naples. 2 ~ B. Chapters 4 and 10 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: sixteen (16) SFD residences and associated utilities, lot grading and landscaping within twelve (12) months from the date of approval 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 $18,040.00 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 perfonnance 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 County Manager or his designee for compliance with the Collier County Land Develop,.Code. /1 ew..r 1 16A 6 5. The County Manager or his designee 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 thtf'Developer in writing of his refusal to approve ,.' , ... ~ improvements, therewith specifying those condit~ns which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manger or his designee refuse preli11!iIiary approval of the:irhprovements if they are in fact constructed and submitted for approval. in__ accordance with the requirements of this Agreement. 6. The Developer shall maintain -all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his design to inspect the required improvements. The County Manager 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 County Manager or his designee 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 County Manager or his designee. The County Manager or his designee 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 Manager or his designee 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 2 16A 6 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, I legal and contingent costs, together with any damages, either direct or consequential, which the ,',' .... Board may sustain on account of the failure ofthe~peveloper to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and c.6nditions herein contmned are and shall be binding upon the Developer and the respective successors 'YJ,d assigns of the Developer. IN WITNESS WHEREOF, the Bdard and the Developer have caused this Agreement to be executed by their duly authorized representatives this 0 'f T /.1 day of j vL.1 2006. TOUS:'A t+o"",~S (J'lC. ,d)J,/'1. , . '...1...-. SIGNED IN THE PRESENCE OF: O'T9:FH€l BfEn4~E/I\5(e (TDVY!-+'5 ., ATTEST:', " , DWIQIlltOt;:BR ."t'-......'.."...k Jk BOARD OF COUNTY COMMISSIONERS OFCOLLlliRCO~A ~~-~~ By: Y. T ' . , A, t.,1! ~)'~etk S i qrtOr't~1"61'1lll, '7 . . i~: :<' l ;. . ~ . . _ '., ~<~~"f' Approved as~1p ;tOrn'( And legal sufficiency: , Chairman BY: Jeff E. .. 3 Item # j t..; .4 (; Agenda 'f} 1/0& Date Date (1/1 kl(; Rec'd !l th{jJ~ Dep~r ' ~{ Approved for - JAK - February 200 COLLIER COUNTY LAND DEVELOPMENT CODE 16A 6 PERFORMANCE BOND BOND NO. 5022076 KNOW ALL PERSONS BY THESE PRESENTS: that TOUSA Homes, Inc" dba Engle Homes Southwest Florida, 12550 New Brittany Blvd #101, Ft Myers, FL 33907, (hereinafter referred to as "Owner") and BOND SAFEGUARD INSURANCE COMPANY 1919 S. HIGHLAND AVE., BLDG-A, STE, 300, LOMBARD, JL 60148 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Eighteen Thousand Forty and 00/100 Dollars ($18,040.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Reflection Lakes at Naples PPL Phase 2C and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"), This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shaH well, truly and faithfuHy perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfY all claims and demands incurred and shall fully indemnifY and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shaH be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations, The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shaH include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 8th day of May, 2006. 1 ,#' I 'c, 1.1 7j);ES / ' fI/(j OWNER TOUSA HOMES, INC dba Engle $(SOU~hwest Florida By: ". ../ r ~ c. - ~.. 0/) 11 artTlll fU~ [J~~- ~) SURETY Bond Safeguard Insurance Company Acknowledgment by OWNER: By: W dlA.Y1.- '0( ~ Dawn L. Morgan, Atto y-in-Fact Florida License #PO 11322 instrument on behalf of the --.... Acknowledgment by SURETY: STATE OF ILLINOIS COUNTY OF DUPAGE On this 8TH day of MA Y, 2006, personally appeared before me Dawn L. Morgan as Attorney-in-Fact of Bond Safeguard Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf of the corporation for the purposes stated therein. \ /} ),-( ClLJ~ (,~ {L-J'lU(J[{J Notary Public Melissa Schmidt My Commission Expires: 06/23/08 OFFICltlL SEAL MELISSA SCHMIDT NOT A.RY Pi !R: ,( . STATE OF ILLINOIS MY COMM,SS,UN EXPIRES.06123108 POWER OF ATTORNEY Bond Safeguard 16A AO 4 2 6 6 2 6 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T, Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus. Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman *********** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto, Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such 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 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. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY r?/~~ . David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of s"d co'po,.I'o". /, / /,,;1_ U "OFFICIAL SEAL" /Z/'( ~ ~ MICHELE KOLLER ~ Michele Koller Notary Public, State of Illinois Notary Public My Commission Expires 08/28107 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force, 8th Day of May ,20 06 ~fJ~ Donald D. Buchanan Secretary 1. *' j b ,~1 . I & ;-, T--" .::< I...J CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 7 it THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION 1/' .... IMPROVEMENTS entered in this L l- TW', day of j~Li 2006, between Tousa Homes, Inc., d/b/a Engle Homes of SW Florida. Hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the Board", JJ 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: Reflection Lakes at Naples. l D B. Chapters 4 and 10 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: l. Developer will cause to be constructed: sixteen (16) SFD residences and associated utilities, lot grading and landscaping within twelve (12) months from the date of approval 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 $18,040.00 which amount represents lO% of the total contract cost to complete construction plus lOO% 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 County Manager or his designee for compliance with the Collier County Land Develo~Code. ~ 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantia' completion, either: a) notifY the Developer in writing of his preliminary approval of the improvements; or b) notify th&Developer in writing of his refusal to approve improvements, therewith specifying those condit~~s which the De~eloper must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manger or his desiguee re,fuse preliminary approval of thC"improvements if they are in fact constructed and submitted for approVal in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has tenninated, the Developer shall petition the County Manager or his design to inspect the required improvements. The County Manager 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 perfonnance 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 County Manager or his designee to reduce the dollar amount of the subdivision perfonnance 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 County Manager or his designee. The County Manager or his designee 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. ln the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision pelfonnance 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 16/1 .. I 2 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 dafnages, either direct or consequential, which the / " r ~ ~ 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 and shall be binding upon the Developer and the respective succe~sors CJ!1d assigns of the Developer. 16'~ ..' . 'I I -... ( IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this l1-'" day of ..',OL'I 2006, SIGNED IN THE PRESENCE OF: - (HaIll\;; u; Elltrt-y) TO U,,""A J./ ~/~/E f.b.,t"~ By:CAlt!- ~~t A . G'~n \Jl Ii\.... IJ."J. .? Print Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority ~ME S j IN( , c:f. ~"'v,,' F/ori'd~ .. J :' ", \. j' ,: (. ,~.A. /.. . '. ' / .' ._1. ... .' . I - ._ ~-;. r~. ~ _ .___ _ ,_~<'JOCLU~ .(.,,{- '/ -.t:....Q)(..{(J int Name: :J:.\J,{I]jl 'ff. f- ;:'-ir;,~?. \) " .--1:': ;,. , Cf'7. \/;/. /"'. ffi~t Nariie.l)~(> > i {1 'Jr,,' ,~,; /' A ITEST: DWIGHT E: BROC BOARD OF COUNTY COMMISSIONERS OFCOLLlER (~A BY~ ~~ , Chairman y: Attest. i 1 Qnatur"t on).. Approved as to tonn And legal SUfficiency: BY: Jeff E. Wr --A-- ~l Approved for - JAK - February 200 Item # / (/ /1 ;7 3 . I -4/ /II d.j) .-(.... t" '}.bA COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 5022073 KNOW ALL PERSONS BY THESE PRESENTS: that TOUSA Homes, Inc., dba Engle Homes Southwest Florida, 12550 New Brittany Blvd #101, Ft Myers, FL 33907, (hereinafter referred to as "Owner") and BOND SAFEGUARD INSURANCE COMPANY 1919 S. HIGHLAND AVE., BLDG-A, STE. 300, LOMBARD, IL 60148 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Eighteen Thousand Forty and 00/1 00 Dollars ($18,040.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, Owner and Surety are used for singular or plural, as the context requires, THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Reflection Lakes at Naples PPL Phase 2D and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 8th_ day of May, 2006 ,~'<.. ~~ A' I: 7 ~~ESS~S.1 tl{tt #.f_ ____________ OWNER TOUSA HOMES, INC. dba Engle Hem. cr. west Florida By' /A ~ '. .^'- '\ t / ~ SURETY Bond Safeguard Insurance Company By: Dawn L. Morgan, Attome Florida License #PO I 1322 Acknowledgment by OWNER: . ' 2006, ~sonalI appeared before me as '}l" r of TO USA Homes, Inc. dba Engle Homes Southwest Florida, who being autho ized to do 9 , executed the f, regoing instrument on behalf of the corporation for the purposes stated therein.. '///1. .. I' ~\\\,'\\II"""II/I/, wt, ;f,{; r #~\ t{t: .rlill~ Notary Public - ~.l~. o.v.MISSIOA~ ';""A~ ~" . G '"(;: .~.,.; ~ ~ . '" (lIber 9 +"". ~ ~ My Commission E~ire!p: ~ O~0 '.~ "1! .1)~ ::::It"e ~ o~. == = -..-ot ~. .....,. · :- -~.- # - .*- ~ :.-\ #s,,,, D0265861 ~ . ~ ~ 17: . $~ ~_ t:)"'. ~ ~ ~ ;Pr. '0~'~ Thf" r1J":\. {;;j ~ ~ ,<:).. "'llnce llOO:s. . ~ ~ ~. . .. ~\; ~ Acknowledgment by STATE 0" ~ '/111I III Ill\\'\\\~ STATE OF ILLINOIS COUNTY OF DUPAGE On this 8TH day of MA Y, 2006, personally appeared before me Dawn L. Morgan as Attorney-in-Fact of Bond Safeguard Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf of the corporation for the purposes stated therein. '__ 'J ll{{ l~it \~ ~iL LJU()Z{ Notary Public Melissa Schmidt My Commission Expires: 06/23/08 OFFICIAL SEAL MELISSA SCH~IIDT NOTAR\ [1,J-, '" STA,TE OF III "JU!S MY C()M~Ji..:n!\; ::XPiRESOF23!OS POWER OF ATTORNEY Bond Safeguard AO 4 2 6 6 S 16A 7 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L Morgan, Peggy Faust, Kelly A, Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman ........... its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such 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 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. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001, BOND SAFEGUARD INSURANCE COMPANY BY r?/~~ David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of sa;d co'pora,;o", /_ / ;; ~. U "OFFICIAL SEAL" . /[/"( ~ ~ MICHELE KOLLER ' Michele Koller Notary Public, State of Illinois Notary Public My Commission Expires 08/28107 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 8th Day of May ,20 06 ~j)~ Donald D. Buchanan Secretary 16A9 MEMORANDUM Date: June 14, 2006 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennjohn, Deputy Clerk Minutes & Records Department Re: Review of Insurance for: 06-3906 "Records Management Services" Contractor: Vital Records Control of Florida, LLC Attached please find three (3) original documents, as referenced above, (Agenda Item #16A9), approved by the Board of County Commissioners on Tuesday, April 11, 2006. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 774-8406. Thank you. Attachments (3) 16AS Memorandum DATE: June 8, 2006 DATE RECEIVED JUN - 8 2006 RI SK MANAGEMENT TO: Sheree Mediavilla, Senior Analyst Risk Management Department FROM: rtzj) j Brenda Brilhart ~ Purchasing Agent RE: Review ofInsurance for: 06-3906 "Records Management Services" Vital Records Control of FL, LLC This Contract was approved by the BCC on April I I, 2006, Agenda # 16.A.9 Please review the Insurance Certificate in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at 774-8446 cc: Jamie French, CDES L 6 A 9 J, \ r~ IDCo st t? c\D ~~c,'c~rs -- ts> ~4.lialoilit3 ins. - \DtJ.. W'Y\'o\tnct - &(tV tn Ol'g:,v\~QYl to< ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED To:06 - PRC-C;r.)/f7;J-- DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES Date: June 8, 2006 To: R Qesrt Zaeha:ry a" flee It' G"Reen-e. Assistant County Attorney From: ;;~ Brenda Brilhart ~ Purchasing Agent 239/774-8446 Re: Contract #06-3906 "Records Managemen Contractor: Vital Records Control of BACKGROUND OF REQUEST: I This contract was approved by the B C on April 11, 2006 Agenda Item: 16.A.9 This item has not been previous ACTION REQUESTED: OTHER COMMENTS: CC for signature after approval. If there are any questions concerning ument, please contact me. Purchasing would appreciate ~en the documents exit your office. Thank you. r-..;, <::::::> <::::) cr-. <- c:: ::z~. '- o- r--, '-...-' c:-> .2:""1-' -I{', -<ro".- J-'>. ' ---.j (-' -:::i~ L) ::0-- -:> "- :-r-, <- I U) 2:b .:r o a 16A9 AGREEMENT THIS AGREEMENT, made and entered into on thisi)~day o(';uV-W06, by and between Vital Records Control of FL, LLC, authorized to do business in~ J{e State of Florida, whose business address is 11901 Amedicus Lane, Fort Myers, Florida 33907, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on the date of award by the Board of County Commissioners. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide records management services in accordance with the terms and conditions of RFP #06-3906 - "Records Management Services" and the Contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). See Attachment A for Fee Schedule. 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Vital Records Control of FL, LLC 11901 Amedicus Lane Fort Myers, Florida 33907 (239) 337-4030/FAX (239) 337-4055 "....-' /0 [..A.{ 16A9 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual . shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other 4J item of value to any County employee, as set forth in Chapter 112, Part III, Florida C{' Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative 2 16A9 Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Professional Liability Insurance: The Consultant shall maintain Insurance to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall {{J'- be maintained by Contractor during the duration of this Agreement. Renewal , certificates shall be sent to the County 30 days prior to any expiration date. There 3 16A9 shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the CDES Operations Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #06-3906. Specifi- cations/Scope of Services and Contractor's Proposal and Schedule A (fees). 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue shall be in Collier County, Florida. cf 4 VRC of FL, LLC SCHEDULE A 16A9 Retrieval/Refile Hard COpy Records Storaae Services Regular Business Hours List regular business hours Emergency/After Business Hours $1.95 per item 8am to 5pm $1.95 per item Delivery/Pick-up Regular Business Hours $14.50 per delivery (no additional per item charge) List regular business hours 8am to 5pm Emergency/After Business Hours $60 per delivery (no additional per item charge) Storage Boxes 1.0 cubic foot box $1 .49 $1.95 $2.95 $.17 $.50 $0.00 $0.00 $1.95 $1.95 $0.00 $5.00 $.25 $1.50 0.5 cubic foot box 1.5 cubic foot box Monthly Storage Facsimile Transmission Research Charge Destruction Date Change Permanent Deletion/Removal Repackaging Containers Data Entry Customer Delivery/Pick-up Photocopies Accession Fee each each each per cubic foot per page per hour (for reasonable research) each each per item per line per transaction per page per item d 1 16A9 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ArrEST: Dwight E.,.~r~~~, ~lerk of Courts ,.. . .' !"'f;"." By:....:..~.. ../ ..."~.~..' ".uu,-Q.(. . . ". , .. ',J,:.P- Dq.ted: . ~','~ (~ .,.~ ~1""- ' sf9A.+~ ...... ~ · - I ~/' ..,,' ,!WI, , /:;_,\\\r':' :, ",1, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~-.>~<;? ./ Chairman Vital Records Control of FL, LLC Contractor ~ FI Witness By: f--IFd ~I3V~ Signature ~rwt.l.- ~' ~na Second Witness (! h~/~ (~/lke/ tTypejprint witness namet '- D6-.. YW\. 'i =? ~ D - &.ec'-' -hve Vi ~e ,(1r( I,J(rJ Typed signature and title A pproved as to form and legal sufficiency: ~/Vl_~ Assistant County Attorney Item # \.La.il9 Agenda t.{ -\ \-0 lo Date ~:d (o-ii-a lp 5 ACORQN PRODUCER (901)761-3100 FAX Menard, Gates & Mathis, Inc. 6401 Poplar Suite 250 Memphis, TN 38119 CERTIFICATE OF LIABILITY INSURANCE (901) 763-4576 (MMlDDIYYYY) 06/02/2006 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. Vital Records Control, Inc. Attn: Gail Petty 868 Mt. Moriah Rd Memphis, TN 38117 INSURERS AFFORDING COVERAGE INSURER A: CNA INSURER B: INSURER C: INSURER D: INSURER E: NAIC# INSURED 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, I~M ~ll.~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY rN AR & SC #2088755021 03/01/2006 03/01/2007 EACH OCCURRENCE $ 1,000,000 ~ FL & MS #208784876 03/01/2006 03/01/2007 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10,00C A PERSONAL & ADV INJURY $ I,OOO,Ooe GENERAL AGGREGATE $ 2,OOO,00e GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ 2,000,00e h POLICY n ~GS= n LOC AUTOMOBILE LIABILITY N AR & SC #2088755066 03/01/2006 03/01/2007 COMBINED SINGLE LIMIT I-- $ X ANY AUTO Fl & MS #2087848526 03/01/2006 03/01/2007 (Ea accident) 1,000,00e I-- ALL OWNED AUTOS BODILY INJURY I-- (Per person) $ SCHEDULED AUTOS A I-- X HIRED AUTOS BODILY INJURY I-- $ X NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY ALL LOCATIONS #2088755164 03/01/2006 03/01/2007 EACH OCCURRENCE $ 10 ,000 ,OOC m OCCUR o CLAIMS MADE AGGREGATE $ 10,OOO,OOC A $ M ~DUCTlBLE $ X RE1ENTlON $ 10,000 $ WORKERS COMPENSA lION AND N AR & SC #2088755116 03/01/2006 03/01/2007 X ., T"X~~T ~I.~:., I 'OJ~- EMPLOYERS'LlABlLlTY E,L, EACH ACCIDENT $ 500,00e A ANY PROPRIETORlPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? FL&MS #2087848512 03/01/2006 03/01/2007 EL DISEASE - EA EMPLOYEE $ 500,OOe ~~MtS~~~V:~1~~s below EL DISEASE - POLICY LIMIT $ 500,00e OlliER ~~ESCRlPTlON OF OPERATIONS I LOCAllONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPEOAL PROVISIONS e: RFP 06-3906 ertificate holder is shown as an additional insured. Collier County c/o Purchasing Department 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA lION DATE lliEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO lliE CERTIACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON lliE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA lIVE 'Se,~~ S. Eu ene Mathis, Jr/DP ACORD 25 (2001108) FAX: (239)732-0844 @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 ofthis 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 (2001/08) v Computer Indexing Fumigation Destruction Retrieval/Refile Regular Business Hours List regular business hours Emergency/After Business Hours VRC of FL, LLC ATTACHMENT A $0.00 per line per cubic foot Quoted as needed $1.95 per cubic foot Vault StoraQe Facilities $.75 per item Bam to 5pm $.75 per item 16A9 Delivery/Pick-up Regular Business Hours $14.50 per delivery (no additional per item charge) List regular business hours Bam to 5pm Emergency/After Business Hours $60.00 per delivery (no additional per item charge) Monthly Storage Destruction Date Change Permanent Deletion Data Entry Customer Delivery/Pick-up Accession Fee Computer Indexing Destruction $.75 per tape $0.00 each $0.00 each $0.00 per line $5.00 per transaction $0.00 per item $0.00 per line $.50 per tape rf 2 16A9 VRC of FL, LLC ATTACHMENT A Computer Output Microfilm (COM) Computer Output Microfilm Fiche Duplication COM form slides Quoted per specific job per original Quoted per specific job per duplicate Quoted per specific job each References included yes X no Documentation to verify monitoring included yes X no 6P 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPl L B 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's sil!Jlature, draw a line through routinl! lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routinl! order) H-:- ~ ... -z;;; '"' -::r . . ~ 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff ~rl1&7-lc<..- Contact Agenda Date Item was A roved b the BCC Type of Document Attached e Number of Original t-- D cuments Attached '~~;:if~I~~ & CHEC~~ '7?~C<:_ Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial A Iicable) Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on () (enter date) and all changes made during the meeting have been incorpora d' the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. PRIMARY CONTACT INFORMATION L~ /, ~ / I .,)--c t:> '"' / Phone Number Agenda Item Number 1. 2. 3. 4. 5. 6. /t:, /3 (/ , ~t I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMO: Date: April 18, 2006 To: Sue Filson, Board of County Commissioners From: Pamela Lulich, RLA, Project Manager Dear Sue, After the landscape agreement is signed, could you send the original back through inter- office mail. It worked well last time you did it that way. /1 Thank you- , J I / Pam Lulich J)A/V4-- I v -. Alternative Transportation Modes Transportation Department 2885 Horseshoe Drive South Naples, Florida 34104 Tele: (239) 530-6291 Fax: (239) 213-5899 paml ul ich@colliergov.net 51 1681 1681 LANDSCAPE. SIDEWALK & SW ALE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this ~ day of ~r'/ '/ 2006, by and between Collier County, Florida, a political subdivision of the State of Florida whose == !iiil ~ : mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the:: == == ~ _0 "County"), and II Regalo Development, LLC, whosemailingaddressis809WalkerbiltRoad.Suite ::: 3 ~ No.6 Naples, FL 34110 (hereinafter referred to as the "Association"). g = tI:J ~ RECITALS: = ~ = - "... 8 ,... WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Yarberry Lane and Orange Blossom (hereinafter referred to as "Road"); and WHEREAS, Section IV-B-12 of the Construction Standards Handbook for Work Within The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows: Permitting The responsible property owner or his authorized agent must apply for a "Permit to Perform Work and/or Maintenance in Public Rights-of-way". Landscaping Permit Within the public rights-of-way: A private owner, Developer or civic or homeowners' association desiring to landscape within a public right- of-way shall submit a landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings. location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Association has applied for a Landscaping Permit Within the Public Rights-of-Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A". The Association shall follow the Collier County Maintenance specifications attached as Schedule "B". NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of4 "",i: _..-:0 _0 ~~ -- ..... '=' g_.~ en CI ex> ... G r-..,) ...... ~ - (..J'1 ~ ~ (..J'1 ~~ex> .... ..-:0 :10: ;;: C) ~-~ E=:. . !:i ~ ..r;:. !"" = c::J """0 ~ ,... ...... ..r;:. o ..-:0 ..-:0 !'" ~ --.::II ..-:0 :::: Ci") J:-tI"'.. ..,... ,... ,.. ..-:0 ......., g(...T1 :1"""" _ "-Cl - .,.. :10:..-:0,... ......0_ __..-:0 ..-:0 ...... -- ....- - - _ U'l --- .." "'" U'l "'" .... "'" OR: 4024 PG: 1520 1681 I. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road depicted in Schedule "A", for the sole purpose set forth in Schedule "A". The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Association shall effect repairs within twenty-four hours of receipt ofthe County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs oflitigation, against the County arising out of the Association's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date ofthis Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt ofthe Association's written request, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days ofthe date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and 2of4 OR: 4024 PG: 1521 1681 all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. Ifthe Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration ofthe Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY 3of4 OR: 4024 PG: 1522 In Witness Whereof, the parties have caused these presents to be executed on the day and date first abovlO;.wri.~~~. '" r"''"' h, J11 . <~) ~. ..: ~:'.'::, ~' ,......... f ~i .. _' ..~ "J 1681 ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C ~~- Frank H ,hairman .Jill'" , Tl ~cJ.c t-+ 0 A- ("Association") By: (~Ld[A-Crt~, ~~~~d N me: C uK-Ii) ~(jNftJ1.. rc ~'d~ /1i9""GeZ STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on this t-O day of #J IJ ~ cH , 20~ before me, thkA 6; N6 undersigned notary public, by CuA.. T/5. Gl.(.o 1'ff CIC... ,PicsidGl.ttt' ~t.~6l<. r L. rc.e..6.IJ.(.,{) ""dme OtAJAJlIl:S .4OSo;:a Florida corporation not-for-profit, on behalf of the corporation. 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I () i I. ~H ::I. rj V-, i 3. 9 i : "I l~i.1 -1' Ii J I 8i;~5'rt ~ 8 . ~ I. 35 I~ 34 [- S87'41'15"W21172 r .11 7 I jl+.ll N81'~15'"'."Il4]I.I~ ,.1 6 i' Nl!7'41'15"E13U5 - I - - !~!1 5 ~'I i .1 NIl7'~'H)~3US ': ~ ~ i e 4 ~.'P~ .1'" N81'~,,""'."" I, :'I~ 1'1 3 i 1 "I .1 " i II .1 TRACT "A" 19 I " C ==72 1 " ~ I~ 31 I~ I~ I~ 8 8 32 S87'~5~3651 30 ,!: II' !Ii ," 20 , l I _J ~~--:~:-, ---. ~ ,. fLREG1IJ.O CI~LI:: ~".".,o;ow . .. C> ~ ..-:- c:::> ~ ..-:- ""1::f ~ ~ c..n (.A.> PO.B. c:::> S87~'15!!.11U21 . 21 1:-- I I~ ~ ~ I~ 22 I~ 23 I~ 24 I~ 25 I~ 26 I~ 27 I~ 28 I~ 29 "i I I~ I~ I~ I~ I~ I~ I~ Ii' JJ' . -~-kL~~J~~.L-L~L-~f----~;1 I S89'"~'W''''''' L ~ ~~ , . ~ OJ OJ () ,.- ::!> o :;: "U iD < ::> ~ !{WIUHmHPHmiHl ii,!', ii' dil H': l~ Ii': lia nil :f!}'H~I!]i'tihNI H!h!ijlhUi:~il Q,jhl i -iil2 Il!!lil.~"~!'!i ~1i1~I-U i I.J'i 15....,.01 ~.PH' I~ ~~,;hHI.i~, .~Il'll 11 luiUH !~$l i~,i;!~ i[ ~1'Hf Illl ji!i~i~ !~ Hfli_ 3(J! ~~~:~ i H p:d! lW lJH! 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'"..--,__...............-......."""'''rTECT'-'-'''''C>O&S_'''...._,,_...-.,......__,,__ ..~"'"...""................._....,."'......._.-...- _"',___-.-........c..."'c"'"""-\.JIN[>Clt$'''''' I I 93.86 I _ _ _84.00_ _ _ _ J_ _ _ _9~~8~_ ---------- S 87041'15"W 271.72 II ] I;: ;; I lil n I i.; d ~ : ; ~ :j '; " I j ...;: " ~!: .{l.4c LAKE NO.1 TRACT "A" " .:< "0 f,j , ;=1 15.0 ~ ;;;! u' o 1J :.S;: Qz a.:j "z ~Gl -=U> CONTROL ELEVATION = .5' N VD S 87041 '15"W 271.72 - - -1- - -- - -84.00- - - - -1- - - -93~86- -J i' .. o ~ i1l 'ill :a (fJ (1) 0- 0' ~p '" Hir if? m.d 0- Il f ~ 0 (;:L.~ ::J ~Hi ~ .8 ~ ~.. I iii' Pij . :'11 9 "1 "1 :.) m I, II p 0 ! i ~ ' i H! Ed i r.u il! J N .., m~1 '~~I.~ I ~ .' '1 '" '.'i a ,Iihf .... Ira .. dlli l{fJI; If "I f. I f J , t I po FIIC" r f!~ II i1~ t/:iS[IJ/:;;;.:;: S a ~ ~ , I.... 0 10m i I... ~~~~g~ l' !il p1 ll.,j '~ !; I ji! 11' ihll! HftH! ""IJ . ~ ,pi' iiI 1'1 'j'!} IhlP I a Ii 1 i" It HI Ill!! r I!i Pl'i ~~~.,~-< ! ~ I I ,I! ~ 'Hf~i ~!i i~W bj>f I ~l' II ,; !H ih'! :11 l~di i OJ OJ ~ Oi~ f n. !lih h"l" i ,c I "I > I .ti~ii ~il lHH u !! IiI lO.~[ll:f ""'" I HJ H~H ~ R ~ IP~ fI: H ..IF <<<<< ., i' I !! ii f:ii~ ~. I; ~ ~ ~ 'qa 'p" ~I P ij ~ f '~lj ,} !!l'_ !~ ' , 11 ! II Qe8alo C, ,Un C'ur!,', tl Ul:i:~1I18'J~ 1P)~ill'u , U> Gi z 0 . I nrj r :::c::t I P ;:;: i ! I' ..... 6j, i 0 Ii ~i2 m ~ I f i~! :c c::::> iF iiI ~ f i ig~ ~ ~ I . I i' ~ ::;, ~ Ifi ~ I , ::0 Ci"'l c , CD # . ! i c: I j ~. ..- I ! (..TI 3 CD ~ ::;, ..- Ui Iii H Q ,~!i ~l g if' ~ ,I (J> 0- CD ::;, lot .. ~~; !~~ ::;, CD ~ iE:;;-~ ":on ~::l.::r ~::Jb ~ ~ E- ~~ 9L 1681 SCHEDULE "B" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 12"). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. WEEDIN G: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten-foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. o ::c::lI During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pruned at the direction and approval of the County's representative. e.I:=Ioo c::::> I'..) e.I:=Ioo ~ Ci") ....... c...n c....> I'..) Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1 ') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-ups shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. lof5 168] F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten-foot (10') level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-foot (11') canopy clearance over the roadways and a ten-foot (10 ') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. C) ~ When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. .. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve-inch (12") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a distance ofl2" to the drip line of the palm, whenever possible. ~ c:::> ~ ~ tog G") ~ c...n c..,..,) c..,..,) An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one-half (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. The (13-3-13) fertilizer shall be applied at a rate often (10) pounds perone thousand (1000) sq ft. for all areas. Four applications of(13-3-13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. 2of5 1681 Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul- Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. I. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper fmished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. J. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre-warning signs, arrow boards, traffic cones form the existing soil grade. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer/Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. C) ~ 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. ..e::. c::> IE'..) ..e::. ""'d ~ ~ c..n ~ ~ 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly Manually operate valves, and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed 3of5 168] 3. Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. o ~ Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway. a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. ..a::. c:::> ~ ..a::. ~ en ....... c..n ~ c..n General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads, 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch. 4of5 1681 6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty- four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volt and 24-volt fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. =* =* =* o ::=a ..a::a c:::> Il"..:Io 101:=oo ~ Q ....... c..n Lo.> ~ =* =* =* 5of5 PROJECT: Santa Barbara #62081 FOLIO: 00400246406 3826080 OR: 4023 PG: 4072 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/25/2006 at OB:44AM DWIGHT B. BROCK, CLERK REC FEE IB.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 1685 DECLARATION THIS DECLARATION is made this \ \l:tt day of Ap(('l , 2006, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant. " WHEREAS, Declarant is the owner of certain real property situated in Collier County, Florida, a portion of which Declarant desires to set aside and reserve in perpetuity for right-of-way, drainage and utility purposes, said portion more particularly described as follows (and hereinafter referred to as the "Property"): See attached Exhibit "A" which is incorporated herein by reference. NOW THEREFORE, Declarant does hereby set aside and specifically reserves the Property for construction and maintenance of roadway, sidewalk, bike path, drainage and utility facilities, including the installation of overhead and/or underground electrical transmission and distribution facilities, and overhead and/or underground telephone, fiber-optic and cable television facilities. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. 'j ATTEST', .''OJ,,,",', , ...~, I':,...... " _' DvV H3H!~. ,I?J:fSp~ ' '. ,,", '-"":\, J '0, -- " t'" ~ ", ;{ '~: ~,,'~' ~~.\~"<, :. ... . -.. - ~- , :'.-"" ',<) ,[1' puty Clerk ." . \(1 i "".--,/,, .~'''' A~te~t~iI."~ :a..1r'111ft I .. tOR.wrt': Oft 1 . ,or! BOARD OF COUNTY COMMISSIONERS COLLIER COUN~IDA BY: ~ ~/ FRANK HALAS, Chairman Approved as to form and legal sufficiency: L/A'A V~ ...... Ellen T. Chadwell Assistant County Attorney P.o.C. - WEST 1/4 CORNER SECTIONS 4/5 T-l0-S, R-26-E COUNTRYSIDE A T BERKSHIRE LAKES SECTION 4 PLA T BOOK 18 PAGES 1-4 GOLF COURSE TRACT 15 , EXISTING 100 R.O,W. *** SANTA BARBARA O'l a EXISTING R,O. W. ~~ ~IQ , liS -' OR. BOOK 2814, PAGE 848 SCHOOL PARCH EXHIBIT ..lL Page-L- of-L LEGAL DESCRIP TlON BEING PART OF THE OF THE S. W. 1/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS,' COMMENCING A T THE WEST QUARTER (1/4) CORNER OF SAID SECTION 4; THENCE NORTH 89'09'12" EAST 60.00 FEET TO A POINT ON THE EAST RIGHT OF WA Y LINE OF SANTA BARBARA AND THE POINT OF BEGINNlNC,' THENCE CONTINUE ALONG SAID LINE AND LEA VlNG SAID RIGHT OF WA Y LINE NORTH 89'09'12" EAST 40.00 FEET,' THENCE SOUTH 01'0222" EAST 155.33 FEET,' THENCE SOUTH 88'57'38" WEST 40.00 FEET TO THE WEST LINE OF SAID RIGHT OF WA Y LINE. THENCE ALONG SAID RIGHT OF WA Y LINE NORTH 01'0222" WEST 155.46 FEET TO THE POINT OF BEGINNING, CONTAINING 6,216 SQUARE FEET OR 0.143 ACRES MORE OR LESS. {-', o. \ ,-. SUBJE?~r\ !q,'EASEr~ltrS ,& RESTRICTIONS OF RECORD. ./ / Ji': (i j;(;" PREP.ARrIf Br.': 'I.:SO IL ,E1,{NC. 0 'J ;-', ',' J' '( , I LA ,JLLfR. PR ,tONAl!. SURVEYOR 4c MAPPER FLORID/! ''R'fGISn 'nqN LS 15627 ~. " . "I i >" f' .; l NOT VALID UNLESS.$IGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATf OF AUTHORIZATION I LB-43 BCARlNGS ARC BASCD ON NCRTH AMEIIICAN DA TIJJI (N.A.D) 11IIJ-1J9() A/MISTllENT STATE II(.ANf COORDINArr SI'$IClI (GRrD) FOR flClllM CAST lONC, *** NOT A SURVEY *** LEGEND: 1/ '/ / / " .;'.A PROPOSED TEMPORARY .L_~oL L.:::::.J CONST. EASEMENT h """ "" "" "" "" ~ Vb~~N~ASEMENT ~ PROPOSED IXYVVV'V"V'j R.O. W. EASEMENT R,O, W. = RIGHT OF WA Y P.o.B. = POINT OF BEGINNING P.O.c. = POINT OF COMMENCEMENT OR. BOOK = OFFICIAL RECORDS BOOK PROJECT NO,: 62081 PARCEL NO, : Wil.Millei."~~ FtImrt . ~ . Sc:tl/ogIIIt . ~ . UndIt:fIpe ~ '1l-anIporla/kn ~ ~ Inc. ,.,., . FafA6wl . /linn . IhdJnbJ . TqlI 3lQ)llIIly~ ~1J.'C. ....1'btiI3IIH!11l. "- ~. Fa ~. WlHI .......Q:lIt CLIENT: Nov 05. 2004 - 1.3: 12: 47 LMILLERlx: \SUR\N6022\Skelch Of Descriplions\Subml!led\2QQ20.3s703,dwo COLLIER COUNTY TRANSPORTA TlON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF O.R. BOOK 2628, PAGE 3434, SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA PROJECT NO,: SHEET NUMBER: filE NO,: N6022-002-010- TDHWP 703 OF xxx 2GG-203 DATE: 11/2004 DATE RECEIV!.? C 2 · ITEM NO.: FILE NO.: ROUTED TO: O~-fRC-d'P/f9r DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES r--.) = = er- '-- ,..- '-- , Date: July 13, 2006 To: Office of the County Attorney Attention: Robert Zachary From: Lyn M. Wood, CP.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: A.C. Schultes of Florida, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. T~ank you. cc: Alicia Abbott, PUED C<-~ 7-1'1-6 ~ .c:- ,- '- . ,..--; r_o .~7 ~~ :':::i ,:=-. -< f'-f ~(- -l :::;: r-'j :0-- Zr f"Tl "--<~ ;po J: CD N o ~ - i.) ~. .;"': MEMORANDUM Date: July 19,2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Contract 06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: A.C. Schultes of Florida, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) AGREEMENT 16C2 THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 AC. Schultes of Florida, Inc., authorized to do business in the State of Florida, whose business address is 11865 US Highway 41 South, Gibsonton, Florida 33534 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 - Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 _ Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. AC. Schultes of Florida, Inc. has been awarded a contract in the following categories: Category 1 - Construction and Testing of Production Wells Less than 200 Feet Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 5 - Maintenance and Testing of Existing Production Wells and Facilities Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the Page -1- .._""._-,..."_._._-,,,,~.._-~-,,,..----....,_..,,-, ,jI C }f It) 2'''' "-} selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at Page -2- 16C2 no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: AC. Schultes of Florida, Inc. 11865 US Hwy. 41 S. Gibsonton, FL 33534 Attention: John T. O'Brien, President Telephone: 813-741-3010 Facsimile: 813-741-3170 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- 16 C2 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- 16C2 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov!c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- 1~C2 payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- 16C2 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. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- IbC2 If, within one (1) year after final completion, any Work is found to be defective or not in confol'fnance 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- IbC2 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- 16C2 - << specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- IbC2 - 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page -11- ,1'C ,.,/~! ~ ~ ,', ,'" Ii...." ~;' :, . ~; .,... ., ... 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: . " COLLIER COUNTY, FLORIDA Dwight E. Bro~~., ::),Of C. ourts ~ _ B : . . '\' rclbc BY~~~ ~/ . -Lf). L C\ \~b~ Frank Halas, Chairman Dated. ' . '.. ~. ". Attt.s.f~~'~.ff'IIU t s igflatiir-f- f,~'j t(',' (.-i(". ~_:r';~~.'" ~~ By: AC. Schultes of Florida, Inc. ~ c~actor ~_ ~I ~?M~ Signature Jeff DeMatte Type/Print Witness Name fIuoUfIV\ fuit. Secdnd Witness John T. O'Brien Typed Signature President Title Carolyn Keck Type/Print Witness Name Approved as to form and leg1Z> r ----/) Assistant County Attorney [:m 1!"~Il;f;;q ~".' t./ ( ~ f: '" . - \_<:7~ H Ii ;":" """" ~ i '" ._. .-.,.- I! ; 1 I ~ 1 ~ .:. _ I~J_I~l D~J ~ ~.'. '----.-"."-- I ~ ..0......... _', --. 'on ,..~,<'....~..~~'.""_~,...._..:: Page -12- EXHIBIT A PUBLIC PAYMENT BOND 16r"" . V ,,} _ .t...",~ Bond No. Contract No. 06-3887_ KNOW ALL ME BY THESE PRESENTS: That Principal, and , as , as Surety, located at_ (Business Address) as are held and firmly bound to Oblige in the sum of ($ ) 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 , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- 1~C2 Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,as of corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -14- 16C2 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of ' Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 16C2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- 16C2 -- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- 1~C2 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of ' Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- IbC _ 2 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORI DA ) 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- .~ 6C2 .;s.1 ,) .""'" EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: (Project Name) RE: % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit 0 1~C2 Public Utilities Engineerin~partment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: o Unit Prices o Lump Sum o Other Method of determining change in Contract o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Owner's Representative Engineer Page -21- c __..,~,~~_...._.___."._",.",> .H"..._....,~~._'O~..____,_.'..-'... ..."' <._._,~_.-_.~_.,,_.._~._~,.-,-~'-,-,"*""~_..,,-_.--_. .,. ,1 t..... .... ..., EXHIBIT E CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. 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 L--) calendar days. The substantial completion date is and the final completion date is ' Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs, Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- ._.....~'"-----""-,. .... IbC2 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 16C2 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- 1~C2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days, Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6, Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No,: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12, All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) (Signature) (Typed Name & Title) By Contractor: By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- ~ . ~,__..___,_,,~_~_..___"'J~'.~...'^,..'".''' ~ ,~{' :;;'i~' It': ~ ';. ....~ . ,r ~';"{ ~~. Exhibit H WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11, 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm, Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Compensation to be paid in one payment upon completion or in progress payments, Liquidated Damages: $ per day after date until Substantial Completion is achieved, PREPARED BY: name and title Date APPROVED BY: Date Department Director, Department Name APPROVED BY: Date Division Administrator, Division ACCEPTED BY: Company name Date Signature of Authorized Company Officer Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- ...,.-<-~...,_o___",,,,..- 4_""-'-' ---.-----.,,""~.-.,,""""""---"~.. - f::> ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR KlI' I DATE (M--.wDlYYYY) lIII. ACSCBOl 07/11/06 PRODUCER THIS CERl1F1CA lE IS ISSUED AS A MATTER OF IN FORMA 110N ONLY AND CONFERS NO RIGHTS UPON THE CERl1FICA lE A.O. Martin comuercia1 :Ins. HOLDER. THIS CERl1FICATE DOES NOT AMEND, EXTEND OR 32 S Main st., P.O. Box 759 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MUllica Bill NJ 08062-0759 Phone: 856-478-6600 Fax: 856-478-6624 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. Se1ec'ti.Te In_ Co o~ Southe....t INSURER B: s.l..ot:L.... Way In.uranae Co. 864 A C Schultes of Florida, :Inc. INSURER C: 11865 Biqhway 41 South INSURER 0: Gibsonton FL 33534 INSURER E: 16 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHST ANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POUCYNUMBER DATEiM~ DATE M~ UMITS GENERAL L1AB1UTY EACH OCCURRENCE 51,000,000 - 04/15/06 04/15/07 ~~~:s'Es (Ea OCOJrel1ce\ A X ~ 3MERClAL GENERAL LIABILITY 81324516 5100,000 - CLAIMS MADE [!] OCCUR MED EXP (IWJ one person) 5 5,000 ~ slit Addl :Insured PERSONAL & AOV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 - n'LAGGRE~ ;~~ APPlS PER: PRODUCTS-COMP~PAGG 52,000,000 POLICY X JECT LOC :J!:mI) Ben. 1,000,000 AUTOMOBILE UABlUTY COMBINED SINGLE LIMIT I-- 51,000,000 A ~ ANY AUTO S1324516 04/15/06 04/15/07 (Ea accident) ~ ALL OWNED AUTOS BODILY INJURY (Par person) 5 - SCHEDULED AUTOS HIRED AUTOS BODILY INJURY - 5 NON-OWNED AUTOS (Par accident) ~ PROPERTY DAMAGE $ (Par accident) GARAGE UABlLITY AUTO ONLY - EA ACCIDENT 5 =1 ANY AUTO OTHER THAN EA N::.c 5 AUTO ONLY: AGG 5 EXCESSJUMBRELLA UABlUTY EACH OCCURRENCE $ 9,000,000 B .!J OCCUR 0 CLAIMS MADE S1730994 04/15/06 04/15/07 AGGREGATE $ 9,000,000 $ ;=j ~EDUCTIBLE 5 X RETENTION 50 5 WORKERS COMPENSATION AND X I TORY LIMITS I IUER A EMPLoYERS' UABlLlTY WC7217652 04/15/06 04/15/07 51,000,000 ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH N::.cIDENT OFFICERlMEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE 51,000,000 ~~rc:~~:~~~~NS b~OW E,L DISEASE - POLICY LIMIT 51,000 000 OTHER B Bquipment Floater 81730994 04/15/06 04/15/07 $120,000 Any 1 :Items Leased/Rented UNSCBBOULBO BQtT.[- mil Or Tota1 $500 oed DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RB: ANNUAL CONTRACT '06-3887 Collier County is named as Additional :Insured for GL, as required by a written contract, for work perfo:z:med for them by the named insured. COVERAGES Collier County Government 3301 B. Tamiami Trail Naples FL 34112 CANCELLA110N COLL:IBl SHOULD ANY OF THE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NonCE TO THE CERTIFICATE HOLDER NAIlED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABlUTY OF At('( KIND UPON THi INSURER, ITS AGENTS OR RE~~~ CERl1FICAlE HOLDER @ACORD CORPORA 110N 1988 ACORD 25 (2001108) ITEM NO.: FILE NO.: -I::.,. ~ ~ 0 C ()t1'..::Jv--r/ ROUTEDTO:O~- ," - DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 13, 2006 To: Office of the County Attorney Attention: Rebert Zachary "~~ From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: DATE RECEIVED: 16C2._ - \ tlf) ~ ^~/\~ ~~ ~~. ~# I Contract: 06-3887 "Annual Contract for Well Drilling, Testing Maintenance Contracting Services" Contractor: Youngquist Brothers, Inc. BACKGROUND OF REQUEST: ucontra~ approved by t e BCC on April 11, 2006; Item 16(C)2. . his Item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Pie ard to BCC for signature after approval. If there are any questio concernin the document, please contact me. Purchasing would appreci e notification w en the documents exit your office. Thank you. cc: Alicia Abbott, PUED ;~-.....:} .c::::, '-':..:) ~ \. ..;::- ..-...,....' \ ...... '. r-I'- __L.:>. :1:::1" "--<--,.- ._, -_I _~ f\.) r~ - 16C2_~ MEMORANDUM Date: July 19, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Youngquist Brothers, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) AGREEMENT - 16C2 ~ . THIS AGREEMENT is made and entered into this 11th day of April, 2006, by and betwee:ft,e 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 Youngquist Brothers, Inc., authorized to do business in the State of Florida, whose business address is 15465 Pine Ridge Road, Fort Myers, Florida 33908 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery (ASR) Wells, Category 5 _ Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. Youngquist Brothers, Inc. has been awarded a contract in the following categories: Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 4 - Construction and Testing of Injection Disposal Wells Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Page -1- For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. - (:)' )2.- .J.. u For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. Page -2- 16C2~~ 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: Youngquist Brothers, Inc. 15465 Pine Ridge Road Ft. Myers, FL 33908 Attention: Edward McCullers, Vice-President Telephone: 239-489-4444 Facsimile: 239-489-4545 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- 16C2-~ 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to ~e in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO OISCRIMINA TION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- 16G2_- 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- .,.~ ~ _~ ~ _ -J; 'iIIIB \of' payment, subsequent to the first payment to Contractor. All applications for payment, wh~er for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- , ......~.... ... '. of, . . '., j ~ " be a condition precedent to the aforementioned "No Damage for Delay" Provision.I.'fftftPp;ragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- '4ot.;2 - If, within one (1) year after final completion, any Work is found to be defective or not in confo~ance 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- ,) ~2 ~ .. ' 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- specified in the Request for Quotation or Work Order. Should contractor~i~o~u'!lt:tiaIlY complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- .J. 0 t; 2... - 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page -11- ~ 0 C2 .~ -,., 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , ~.;- ~----- /S{ By: Frank Halas, Chairman ~$t)-~ rst WItness ~t':+-h~;os ype Print Witness Name ~ JJ1~ Second Witness ahr6hne- ru I bfii,M- Type/Print Witness me By: ",,,.,,,,,/ ", ... BR //1 .." ~S' OJ':. III ,'"",,-V ......... ~~" ~ V' ...~'PO,,~.. ':.0_ ':. ~ Ci.. 0 ....,~... \P ~ : ~ !CJSEA'Lf'\,. : .0. .~. -, .- i"" 1877 i P E . . ~ -- '* .... ~ . .. .... '\......... ...' ., ... .. II OR\Or"" '" ", '",,,,,,,,, Edward MCC.u.J le(~ Typed Signature Vi Ce. ?res',del\J +- Title Approved as to form and legal sufficiency: ~In~ / Assistant County Attorney Page -12- EXHIBIT A PUBLIC PAYMENT BOND 16C2:~ Bond No. Contract No. 06-3887_ KNOW ALL ME BY THESE PRESENTS: That are held and firmly bound to Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. , as , as Surety, located at _ (Business Address) as Principal, and WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- Signed, sealed and delivered in the presence of: PRINCIPAL: J.oL;2 ~ - . Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by _ The foregoing instrument was acknowledged before me this of ,~ ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -14- j ~ ~, J.b~~~~\ . - As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by ,as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- PUBLIC PERFORMANCE BOND J.bG2:~ Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- ~6G2_- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_. by , as day of of corporation, on behalf of the corporation. as identification and ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- ATTEST: SURETY: ~6G2 ~ - . (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- EXHIBIT B RELEASE AND AFFIDAVIT FORM j.6G2_~ 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- ~ - EXHIBIT CL 6 C 2 """,,, ~ FORM OF CONTRACT APPLICATION FOR PAYMENT - " (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: FROM: (Project Name) RE: Percent Work completed to Date: Percent Contract Time completed to Date % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Original Contract Time: Revised Contract Time: % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit D J.6G2_~ Public Utilities EngineerinQ..Q.!partment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: D Unit Prices D Lump Sum D Other Method of determining change in Contract D Contractor's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer Owner's Representative Page -21- EXHIBIT E CHANGE ORDER '12 - vl, ,~ .." CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20 . 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 C-> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- EXHIBITF "'" 0 ~2 "."~ CERTIFICATE OF SUBSTANTIAL COMPLETION - ....... OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- J. OJ.; 2... .. 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- EXHIBIT G FINAL PAYMENT CHECKLIST 16(;2 - A - Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) (Signature) (Typed Name & Title) By Contractor: By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- Exhibit H ~6C2-- WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11, 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- ACORQ, CERTIFICATE OF LIABILITY INSURANCE FAX (407)843-5772 (MMlDDIYYYY) 06/30/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .. PRODUCER (407)843-1120 Johnson & Company 839 N. Magnolia Ave. Orlando, FL 32803 Patricia Fuehrer INSURERS AFFORDING COVERAGE NA!C# YOUNGQUIST BROTHERS, INC 15465 PINE RIDGE ROAD FORT MYERS, FL 33908 INSURERA Zurich American Insurance CO. INSURERB National Union Fire Insurance C . INSURER c Fi reman's Fund Insu rance Compan} INSURER D INSURER E 16535 19445 21873 INSURED 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 H,WE BEEN REDUCED By PAID CL,\IMS INSR DQ'l TYPE OF INSURANCE POLICY NUMBER P~H~Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GL 04275188-01 11/01/2005 11/01/2006 EACH OCCURRENCE $ 1,000,ooC X COMMERCIAL GENERAL LIABILITY ~E TO RENTED--- --- ~~; ~1C'"CC: .-:~~. ^"~, ......,....~,'"" $ 50,000 - ~ CLAIMS MADE 0 OCCUR $ 5,00C MED EXP (Anyone person) X --------- ----- A CONTRACTUAL PERSONAL & ,~DV INJURY $ I,OOO,OOC - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPliES PER PRODUCTS-COMP~PAGG $ 2,000,000 I POLiCY m j~g. nLOC AUTOMOBILE LIABILITY BAP 9377305-02 11/01/2005 11/01/2006 CCAIlBINED SINGl.E LIMIT B "" ,"m < I (Ea aCCIdent) 1,000,000 All OWNED AUTOS BOOILY INJURY I (Per person) $ A SCHEDULED AUTOS ~ ",,,"^"'''' ~OOIL Y INJURY X NON~NEDAUTOS (Per aCCident) $ i I PROPERTY DAMft.GE $ (rei aCCident) GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ I .~,UTO ONLY AGli $ EXCESs/UMBRELLA LIABILITY BE 5684168 11/01/2005 11/01/2006 EACH OCCURRENCE $ 5,000,000 -:8J OCCUR 0 CLAIMS MADE UMBRELLA FORM AGGREGATE _~___~ 000 , OOQ ~_._. ..-- -----~._._._--_._.__._----- B I $ ~ DEDUCTlBLE $ X RETENTlON $ 1O,00C $ I "VORKERS COMPENSATION AND I we STATU. cL !UTH. EMPLOYERS' LIABILITY ~_LIQBY liMITS, ....i..E!L ----- ANY PROPRIETORIPARTNERfEXECUTlVE E L EACH ACCIDENT $ OFFiCERIMEMBER EXCLUDED' I.,E L DiSEASE~ EA EMPLOYEI $ If yes, describe under . .._.._--~-~ SPECi/\L PROVlSiO!"JS t:e!m'" I r .L. DJSF,ASF - pouey LIMIT $ 1r-1J~~ACTORS MZI-97506456 11/01/2005 11/01/2006 ALL RISK SPEGAL FORM C ~QUIPMENT DEDUCTIBLE $25,000/$50,000 ! Inc. $500,000 1 eased/rented DESCt"TlON OF O~RATIONS I L~ATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Wit regar to Wor ers' Compensation, Youngquist Brothers, Inc. is a qual ified self insurer wi th the Florida Department of Labor with a review date of 11/1/06. Contract #06- 388 7 .. Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Certi fi cate Holder is added as an Additional Insured CERTIFICATE HOLDER I I I Collier County Board of County Purchasing Department 3301 East Tamiami Trail Naples, FL 34112 Comnissioners CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ~~ MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~MJt)6x.uX~<<~}()JU'~}()XXiXj\~XX ~~XiIOO(~lU4~~~~~XXXXXXXXX AUTHORIZED REPRESENTATIVE , "'. :......... ..: .i. - - - Todd L. ]ohnson/PF ACORD 25 (2001/08) FAX: (239) 530-6593 @ACORD CORPORATION 1988 J. 6G2 ~ - 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 heu 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 (2001(08) FLORIDA SELF- INSURERS GUARANTY ASSOCIATION J.bG2_- BRIAt\ D. GEE Executive Director October 9, 2003 Mr. M. Thomas Ruke, Jr. Risk Manager Youngquist Brothers, Inc. Post Office Box 2030 Ft. Myers, FL 33902 RE: Youngquist Brothers, Inc. Certi ficate of Self-Insurance Dear Mr. Ruke: TO WHOM IT MAY CONCERN: Attached is a copy ofthe Certificate of Self-Insurance for Youngquist Brothers, Inc. which has an effective date of November 15,1988. The workers' compensation self-insurance privilege is continuous unless and until voluntarily withdrawn or revoked. As ofthe date of this letter, the self-insurance privilege is still an active privilege. If you have any questions or need any additional infonnation, please feel free to give me a call. Sincerely, Jackie Marston Self-Insurance Analyst Enclosure Y oungquistBrosCertOfSl MAILING ADDRESS: P. Q. BOX 1780 . TALLAIIASSFJ-:. FI.O[{IDA 32:i02.17RII STREET ADDRESS: 200 W. COl.LEGE AVE:-;UE. SUITE 115. TAI.Lb,IIASSEl'. IHJHID,\ :i~:l()l TELEPHONE (F:iSO) 222.} 882 . FAX (850) 222-2926 . E.jv1AIJ.: r";g~ it big;. org CERTIFICATE OF SELF-INSURANCE ::~y ~F FINANCIAL SDVZCZJ. 6 C 2: - DIVISION OF WORKERS I COMPENSATIOft BUREAU OF MONITORING AND AUDIT 200 East Gaines Street TALLAHASSEE, FL 32399-4224 NAME AS STATED ON APPLICATION Youngquist Brothers, Inc. FED. EMP. IDENT. NUMBER WC NUMBER 591836961 527897 STREET ADDRESS Post Office Box 2030 STATE FL DATE RECEIVED P .O.BOX NO (IF APPLICABLE) CITY LOCATION CODE Ft. Myers ZIP CODE 33902 EFFECTIVE DATE OF SELF-INSURANCE November is, 1988 POLICY NUMBER CARRIER CODE 9691 AGENCY RECEIVING OFFICE INDUSTRY NUMBER NATURE OF BUSINESS INSURED OPERATES AS: I-INDIVIDUAL P-PARTNERSHIP C-CORPORATION X-OTHER LEGAL OWNERS: ADDITIONAL NAMED FLORIDA SELF-INSURERSfADDITIONAL ADDRESSES COMMENTS FORM 81-206 (Rev.9/96) J:\siforms\wwm\si-206 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the .l6C2 exception of the Chairman's signature, draw a line througJ- routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. I "'"\ 4. Colleen M. Greene Assistant County Attorne~ \"\ \t ~MG 07/20/06 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the item) Name of Primary Lyn M. Wood, C.P.M. Phone Number 774- Staff Contact 2667 Agenda Date Item was April 11, 2006 Agenda Item 16.C.2 Approved by the Bee Number Type of Document Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Number of Original Five (5) Attached Maintenance Contracting Services" Documents Attached Contractor: Wells & Water Systems, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the fmal negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are reauired. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on April 11. 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The Countv Attorney's Office has reviewed the chaol!es, ifapolicable. I: Forms! eounty Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16G2 ITEM NO.: .." 'II- ; Hl. \..-." T" v\ ~ elL \('\l 1\'\11\;- AT10R~.lt> \.J _ J) I WUn JUl \ 8 PM 2: 23 06 -P/iC.a7:5lJb DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 17, 2006 To: Office of the County Attorney Attention: RuL...,1 7~dl&:f Ca//~ff 6f?es,lt'e.. From: Lyn M. Wood, CP.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing a d Maintenance Contracting Services" Contractor: Wells & Water Systems, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCG on April 11, 2006; Ag Item 16(G)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is. a standard contract with no changes. Plea ard to BCG for signature after approval. If there' are any questio concernin he document, please contact me. Purchasing would appreci e notification wh n the documents exit your office. Thank you. cc: Alicia Abbott, PUED Division of Corporations Page 1 of2 16C2 Florida Profit WELLS & WATER SYSTEMS, INC. _^'H,~__ '''-' "-_~'_ ,'C -,,,-.__ ''''','' _~.~~~^' 'W. ^=^' ~,~,~ "~V_'~"~_'~'~V^,.,~.~_=^~~~_ =".., PRINCIPAL ADDRESS 5740 ZIP DRIVE FT MYERS FL 33905 Changed 04/26/2004 4fl(- J(h ~~C~.l ~j'.5k ~ I tf "'f"/) -~ , <'OOG ~,.y('-tr ~^WA~"~'_"_""~"^"_~"~_^,_'~W~_<'~_"'~_^~"A"_'^'"""'~~_'Ayn"^,'a...~_,.o,.."_<^,~,~"~~.~"_^_,,,,.,~,wc.,,,~~. ',""<W""~'-'==-~'~~"~"_^W'~'~_~~~w'''',=m..,,,' MAILING ADDRESS 5740 ZIP DRIVE FT MYERS FL 33905 Changed 04/26/2004 Document Number FEINumber Date Filed PO 1000065815 651123327 06/29/2001 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date AMENDMENT 04/07/2006 NONE Registered Agent Name & Address HOLZINGER, CONSTANCE B 22 WINEWOOD CT FT MYERS FL 33919 LA"^"^'<A"__""'~"Y""'"m^._"'_".^ A~ ".~n".,.".,.,_,_."."__".~...,._".,,.~__~..w,~,~~ ,~w_,._ o'@,_,,_,,^' .mm_",..__",,~,,_ Officer/Director Detail I Name & Address II Title I HOLZINGER, RlCHARD G 22 WINEWOOD CT FT MYERS FL 33919 KOHLMEIER, ROBERT J G 5740 ZIP DRIVE FT MYERS FL 33905 __.___~!!p://www.sunbiz.org/scriDts/c~rdet.exe?a 1 =DETFIL&n 1 ~PO 1 OOQO()5R 1 ')&~Z==N A MF\yT) f.!??I?OOf. Division of Corporations L._ ,_.__ Page 2 of2 16 C~ .~.'_r.'r_w.,'_~~___'~ ~~"_~^~"'~~,_,'_,_~~"w.__.~,, .'_~,"~ '~=~<'___~'~<._^"n~,,_..,__.. "^~.-~-,.'__'_._^'r.'.'A~ '_. ,,-^--~ ^~.,.,.; I Report Year /I Filed Date I I 2004 II 04/26/2004 , I 2005 1/ 01/06/2005 I I 2006 II 02/13/2006 I Annual Reports View Events No Name History Information "- ~",,^v,~= ,,, '~~~~,__.'.._..'.V^"_="~"'_"_'V ~'_A'~,~,_., ~-'~'.__" w.~ -""~~'^""~'W"'~W'-"__'_"'W'>"'_""'.,..W"~"_'~'~~__'_~~'~'_',"___.w..=.^_w__ _.,,_~._~~_~ '~O"^..~= ,.o___..j Document Images Listed below are the images available for this filing. 04/07/2006 -- Amendment 02/13/2006 -- ANNUAL REPORT 01106/2005 -- ANNUAL REPORT 04/26/2004 -- ANNUAL REPORT 05/0112003 -- ANN REPIUNIFORM BUS REP 05/13/2002 -- COR - ANN REP/UNIFORM BUS REP 06/29/2001 -- Domestic Profit Tms IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.ondscripts/cordet.exe?al=DETFIL&nl =POl 000065815&n2=NAMFWD... 6/22/2006 --'---,...--.-..,- _. -'-~-_.__.__.- MEMORANDUM Date: July 21, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Wells & Water Systems, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) 16C2 AGREEMENT 16C2 THIS AGREEMENT is made and entered into this 11 th day of April, 2006, 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 Wells & Water Systems, Inc., authorized to do business in the State of Florida, whose business address is 5740 Zip Drive, Fort Myers, Florida 33905 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 _ Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. Wells & Water Systems, Inc. has been awarded a contract in the following categories: Category 1 - Construction and Testing of Production Wells Less than 200 Feet Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 5 - Maintenance and Testing of Existing Production Wells and Facilities Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the Page -1- 16CJ C,." selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at Page -2- "~'-"'_.'~~""'"-'-'-'-"-"- "'" .......--- 16C2 no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: Wells & Water Systems, Inc. 5740 Zip Drive Ft. Myers, FL 33905 Attention: Richard Holzinger, President Telephone: 239-277-0075 Facsimile: 239-277-0842 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- 1 6 ,''''..... -.. ' ,) u: ~:_ 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minImum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- l' 6C'~ . .. i c.:, 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- 1 6~ r: ..~ . l C payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- ],6C2 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. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- 16C2 If, within one (1) year after final 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- If..0? "'.'. t.r' ~ ....,,' '-'....-: 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. UQUIDA TED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- 16 "") . .,1Ji-~: '~- ~':"':,_p, specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- , "..' 6" '"'-, ,'-. j" j 'j' ',' '~i /. · V,,"- 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - Cl, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page-11- 16C>' L- 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwig E. Bro..C~., " ~.~~~ bf......C. ourts "'''''. k ~. ~. ". ;;I B . , " Dated: ~.. ~.. l \~~. . . eA~ '~'. 1..... s 1'on.,,~ur..Oft:l ",: ~ I, . . \ ~ ,~; . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .Y-< ~~......... Frank Halas, Chairman v~. First W: ss ~~ C k':t II "" Type/Print Witn ss Name 4"~~J- "Second Witn ss 1 . /' /l ;;) (/ L ~ In .;1.50 tf". Type/Print Witness' Name By: Wells & Water Systems, Inc. Contractor l'Y12 ~- slgn~1 o C i d-Y;Y7 0 )-10 L-214(;.-:(J~( Typed Signature Pa~s 'J) t:T1I'r Title Approved as to form and legal sufficiency: C~~rn~ Assistant County Attorney Item # ( fo ~~ 4-i l-<>b Agenda Oate Dote -J J;tl/do ecd ~ Page-12- "-,.....,,""-_..._<.~~ ~.,~.'''~"~.... ....."_. ,.. - - .'..' ". ...~"~..'...-....- ,. , ... 16C~ EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 06-3887 KNOW ALL ME BY THESE PRESENTS: That are held and firmly bound to Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. , as , as Surety, located at_ (Business Address) as Principal, and WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- Signed, sealed and delivered in the presence of: , .""\ .1 ". \_I,~ PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of , as of corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by _ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -14- 'J6f'1:) .&. Lc As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 1/~'~~ , () (~..... ..~< PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- 16 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. day of of corporation, on behalf of the corporation. as identification and My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-17- 16C ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- ~,j / n ., 0'" , . '-t ~ Lr C. COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- 16 ....."\ ?:,,-~. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- (i) 16C Exhibit D Public Utilities Engineerin~artment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: o Unit Prices o Lump Sum o Other Method of determining change in Contract o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: Engineer By: Owner's Representative Page -21- .'.-. .._".-.,....,~'--.._~.._._,.,'..'''h''"_'''-' EXHIBIT E CHANGE ORDER 16C2 CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCe Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. 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 <---J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ eONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- EXHIBIT F CERTIFICATE OF SUBST ANTrAL COMPLETION 16C2 OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 16C2 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200 OWNER By: Type Name and Title Page -24- .. J--"___,___,__.,.~,~.__,.~_~~""_"....,...~;......_~____._~ .ll1 ~;, n- il '.j .r.:: EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- ^'"-'''^'._~~._,-....,."...,~.".~~--- Exhibit H 16C2 ' WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11, 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the fol/owing method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- - - 6r:, ," ACORDTl( CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 7/11/2006 PRODUCER Phone: 239-278-0278 Fax: 239-278-5306 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3820 Colonial Blvd., Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Myers FL 33912 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: FCC I Insurance Company Wells & Water Systems, Inc. INSURER B: 5740 Zip Drive INSURER C: Ft. Myers FL 33905 INSURER D: INSURER E: 1 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. I~SR ~~~~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION liMITS TR A GENERAL LIABiliTY CPPOO024624 5/1/2006 5/1/2007 EACH OCCURRENCE $1,000,000 - X COMMERCIAL GENERAL LIABILITY PREMISES YE~~~~~nce\ $ 100,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5,000 X XCU PERSONAL & ADV INJURY $ 1,000,000 - $2,000,000 L CONTRACTUAL LIAB GENERAL AGGREGATE ~'L AGG~~E LIMIT AP~S PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X ~f}P.T X LOC A ~TOMOBllE lIABILITY CAOO031184 5/1/2006 5/1/2007 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) r-- r-- ALL OWNED AUTOS BODILY INJURY $ ~ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABiliTY AUTO ONLY - EAACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ OESS/UMBREllA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 52424 6/2/2006 6/2/2007 X I WCSTATU- I IO~- EMPLOYERS' LIABiliTY $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $ 1,000,000 g~~tl~~~~~~I~gNS below E.l. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *30 DAYS NOTICE OF CANCELLATION APPLIES, EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ARE INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE; FOR ANY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER COLLIER COUNTY BOARD OF COUNTY WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE COMMISSIONERS CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 2800 N HORSESHOE DRIVE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON NAPLES FL 34104 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -;;&-' ~ L.- !Y\~ ACORD 25 (2001/08) @ACORDCORPORATION 1988 ..."."~"-",-.-"""",,,,,,-...._-- 16C2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP eomplete routing lines #1 through #4 as appropriate for additional signatures, dates, and!or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Initials Date List in routin order) 1. 2. 3. 4. Colleen 1\1. Greene Assistant County Attor CMG 07/20/06 5. Sue Filson, Executive Manager 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who createdlprepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC ehairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the item.) Name of Primary Lyn M. Wood, C.P.M. Phone Number 774- Staff Contact 2667 Agenda Date Item was April 11, 2006 Agenda Item 16.C.2 Approved by the Bee Number Type' of Document Contract: 06-3887 "Annual Contract fOf Well Drilling, Testing and Number of Original Five (5) Attached Maintenance Contfacting Services" Documents Attached Contfactof: David Cannon Well DrillinJ;:, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the fmal negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 5. In most cases (some contracts are an exception), the original docwnent and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some docwnents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on April 11, 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms! eounty Forms! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 'l- \r":t ITEM NO.:"c \rl.>~t ~\6BNt\ "(l\J~f'{ FILE NO.: \)'-, \'>\'\ \'[: \ 6 ROUTED TOO& .j) /)/1 l~~\n j\J\.. \ B -II\L oz1t"SO 3 DATE RECEIVE~:6 C 2 DO NOT WRITE ABOVE THIS LINE Date: REQUEST FOR LEGAL SERVICES July 14, 2006 ;/'~/ Office of the County Attorney ~J-1U Attention: Robert Zachary J..rM ~ ~~ 6~ ~SJ:''6 I To: This contract was approved by the BCC on April 11, 2006; Ag Item 16(C)2. This item has not been previously submitted. From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing a d Maintenance Contracting Services" Contractor: David Cannon Well Drilling, Inc. BACKGROUND OF REQUEST: ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. PI rd to BCC for signature after approval. If there are any questio s concerning e document, please contact me. Purchasing would appreciat notific tion wh n the documents exit your office. Thank you. cc: Alicia Abbott, PUED viVl~on of Corporations Florida Profit DA VID CANNON WELL DRILLING, INC. ~--~.""""'~'>'V~'-"~_~=_'="~~N'__"_"'~~_~='_'~"~~'~".^'_._'='^"'__V_'Y"~~_~'Y~__~_~""~'_~'~"~^'~""_'~_~"~,.~~~'~~"_~_~__~.~_~~~_~_~~,____,""" PRINCIPAL ADDRESS 12235 US HWY 301 NOTRH PARRISH FL 34219 US Changed 02/28/2003 J.-'-~-~~"~~~'=~_'.__,_~~,~=..."...__.~~,y~.c,_,,~~,_~~,_._._=~-~~.._~'-~"'-"'."-_w~~-~^-~~~~~_~~~~w,~,_~._~_~==_._~ MAILING ADDRESS P.O. BOX 38 PARRISH FL 34219 US Changed 02/28/2003 Document Number L 10331 FEI Number 650148307 Date Filed 08/17/1989 State FL Status ACTIVE Effective Date NONE ~,-,~~"'-~,--,~~~-~-,~~-'''~- -'~='~'-~"-'-"~~-'-~"='""--'~-'-"'~ ,-~, .-'^"'~~,,-- --=."",."-,,,--~_,,^.......... "'-^~'____m",,~,,~,.^ ~_~"m~w..l R .t dA t egIs ere 1gen I Name & Address I CANNON, DA VlD D 2705 FT. HAMER ROAD PARRISH FL 34219 I Name Changed: 02/28/2003 I I Address Changed: 04/08/1992 I 1..... Officer/Director Detail I Name & Address II Title I CANNON, DA VlD D [J P.O. BOX 38 / 2705 FT. HAMER RD. PARRISH FL 34219 US CANNON, DIANE W G P.O. BOX 38 / 2705 FT. HAMER RD. PARRISH FL 34219 US I CANNON, DARRYL D II VP I 2605 FORT HAMMER ROAD Page 1 of2 16C2 ."____h!tp://~.sunbiz.org{scriDts/cordet.exe?al =DETFIL&n I =L 1 033 L~n~=NAMFWD&l1J==Q,-",__Q/22/2006 .. 'Div't:ion of Corporations PARRISH FL 34219 US II I [J Page 2 of2 16C2 PARRISH FL 34219 US CANNON, DARRIN D P..O. BOX 64 /14135 FLORIDA LANE J...... nnua epo s I Report Year II Filed Date I I 2004 II 04/28/2004 I I 2005 II 0211 5/2005 I I 2006 II 01/20/2006 I A IR rt No Events No Name History Information Document Images Listed below are the images available for this filing. 01/20/2006 -- ANNUAL REPORT 02/15/2005 -- ANNUAL REPORT 04/28/2004 -- ANNUAL REPORT 02/28/2003 -- ANNUAL REPORT 03/14/2002 -- COR - ANN REPIUNIFORM BUS REP 03/06/2001 -- ANN REPIUNIFORM BUS REP 03/20/2000 -- ANN REPIUNIFORM BUS REP 02/22/1999 -- ANNUAL REPORT 03/27/1998 -- ANNUAL REPORT 01/24/1997 -- ANNUAL REPORT 03/19/1996 -- 1996 ANNUAL REPORT Tms IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT httQ://www,sunbiz.om/scrints/cOl'det.exe?al =D ETFIL&n I =L 1 0331 &n2=N AMFWD&nl=Q,.,.6122I2Q06 16C2 MEMORANDUM Date: July 21, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: David Cannon Well Drilling, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) ..._....,-'.-...-..._"....._,.....,....,.,..<_._,..,_..,.-'T--:<,..-.-....,._~_'....._...,,,..~,,....,,.,"....,,,.,,,._"""'".,,.,^'-~."....N._.;""'",~ AGREEMENT 16C2 THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 David Cannon Well Drilling, Inc., authorized to do business in the State of Florida, whose business address is P.O. Box 38, 12235 US Highway 301 N, Parrish, Florida 34219-0038 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 _ Maintenance and Testing of Existing Production Wells and Facilities, Category 6 _ Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. David Cannon Well Drilling, Inc. has been awarded a contract in the following categories: Category 1 - Construction and Testing of Production Wells Less than 200 Feet Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Page -1- 16C2 For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. Page -2- __ 1T.L__ 16C2 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: David Cannon Well Drilling, Inc. P.O. Box 38 12235 US Hwy. 301N Parrish, FL 34219 Attention: David D. Cannon, President Telephone: 941-776-1471 Facsimile: 941-776-0932 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16C2 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have mrnlmum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- , .. _..,~...,-,_....."'- " 16C2 .~ 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- "---.-- 16C2 payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, sUbsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- .. . " 16 C 2 "'I! 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. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- If, within one (1) year after final 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. 16C2' 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- -- 16C2 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- 16C2 specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 16C2 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real- Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement _ EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page -11- 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 16C2 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E<~6' fi;~~'. ,rk.of Courts .,. " '. ;'''''' \, ., '. <<, _ l:s;( Dated:~A~t~. :~~l'" I A'l't1l04t#rf;.()n 111 . ',i i< \ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: -y.;-~./ Frank Halas, Chairman k~ / First Witness David Cannon Well Drilling, Inc. Contractor ~~(1~ Signature Joseph C Cannon. Jr. Type/Print Witness Name ~~t,L'~' Second Witness David D. Cannon Typed Signature President Title To!,:ppn r. r.,qnnnn, Sr Type/Print Witness Name Approved as to form and legal sufficiency: (UJp~lY1 M1~ ./ Assistant County Attorney Item # J (Q~ Agenda 4 Il ( I r-c..... Date ~~ Page -12- EXHIBIT A PUBLIC PAYMENT BOND 16C, Bond No. Contract No. 06-3887_ KNOW ALL ME BY THESE PRESENTS: That are held and firmly bound to Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. , as , as Surety, located at _ (Business Address) as Principal, and WHEREAS, Principal has entered into a contract dated as of the ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- Signed, sealed and delivered in the presence of: J, (N;- ~, PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. The foregoing instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -14- 16 t': '" G, Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- --'-,-_._. 16 ('''\. ~ .~ L'i PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- 16C~ This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -17- ~_-r ATTEST: SURETY: '"C' ~ ,J. bL~ (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -18- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 6. c.. ~' dL . .' 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President Witnesses DATE: [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 16C (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit D ~ J? n ,j.. 0 L j Public Utilities Engineerinct..Q!..Partment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: o Unit Prices o Lump Sum o Other Method of determining change in Contract o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: Engineer By: Owner's Representative Page -21- EXHIBIT E CHANGE ORDER -,fl.!!: ~ ~. ._~. .,J;I ';6~, "V..... eHANGE ORDER NO. CONTRACT NO. 06-3887 BCC Date: - Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: $ FOR THE (Additive) (Deductive) Sum of: Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now '-> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- -~-----.._- EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION 16C2 OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- CONTRACTOR 16C 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200 OWNER By: Type Name and Title Page -24- Bid No.: Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST 16C2 Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- Exhibit H 16C2 WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11 , 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- . ..t+ii8tihjit1:~+i~:"hSt]j,.}. 18.iT. \.... ......A. <.i<.fi-t~.itv..::. <.'~'.}"'~T.":..~.. '1....1.. T). '.. <Y<.;t ~tt8~. Y. > ~RJ~!cJ41",p~~~~-F:~",,~J?"I#~","!_I(,g;,.p~g.,~~( (~IQl> : 07/10/06 THIS eERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND eONFERS NO RIGHTS UPON THE eERTIF1CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENOOR ALTER THE eOVERAGE AFFORDED BY THE POLlCIEffiELOW. COMPANIES AFFORDING COVERAGE PRODICEIl DICK/JOHNSON/JEFFERSON BOX 11270 BRADENTON FL 34282 COMPANY A OWNERS INSURANCE CO DAVID CANNON WELL DRILLING INC COMPANY B AUTO-OWNERS INSURANCE CO I"'SURLl> BOX 38 PARRISH COMPANY C SCOTTSDALE INS CO FL 34219 - 003 8[ I I COMPANY D BRIDGEFIELD EMPLOYERS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAy BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOClIMENT 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. EXCI.lISIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEt" REDlICED BY PAID CLAIMS. I CO LTR TYPE OF INSURA:-iCE POLICY :-iU~IIIER POLICY EFFECTIVE !1>OLlCY EXpIR,\TlON l>ATE (~I~I/lJDIYY) 1 l>ATE (MvIIDDfYYj I l.IMITS PERSONAL & ADY INJURY EACII OCCUIlRENCE $~l 000, 000 $2 000,000 $1,__0 00, 0 0 0 \.1,_000,000 50,000 $ 5,000 1,000,000 , $ (;Lr\IR\1. L1AI\ILlTY 20522592 X . COMMERCIAL GENI;RAI. LIABILITY i CLAIMS MADI. [~J OCCUR ' OWNER'S &. CONTRACTOR'S pROT 8/22/05 8/22/06 (iENERAL AGGREGATE PRODUCTS. COMp/Op AGG ,11RI. IlAMAGI. (I\oI~ UI1' file) M ED EXP (Anyone persoll) , AUTOI\OBlI.E LIABILITY 9542370300 X ,\,~y AUTO 8/22/05 8/22/06 COMI\INED SIN(;LI: LIMIT ,\1.1. OWt\ED AUTO\ \CIIEIlULED AUTO\ X HIRED AUTOS : X NO'HJWNED AUTOS -, BODILY INJURY (Per person) BOIlILY INll/RY (Per accident) [ 1'1l0PEIl ry DAMAGE (iAIU(;F l.IAllILlT\ ,\t\Y AUTO i AUTO ONLL EA ACCIDENT I Orlll:R THA~AUTO OJ'lLY~ __ Et\_CH ~CC'IIJEt:JT I- $ AGGREGATe ,$ ACGREGATE ".._-_--._._..__._--_._---~_.._-- nnJi 2 '- Q 0 0-, 0 0 0 ;.J2( 000,000 I::-;O:,S I.IABILlTY i X IIMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS CO\IPENSATlO~ AND EVIP1.OYERS' liABILITY XLS0031940 1 12/15/05 ! 8 / 2 2 / 0 6 EACH OCgJRI,ENCi 10830-33240 1/01/06 1/01/07 ' xl'6~iI~~m1i. ,OTH. I ER _ LL L:\CII,~(~IDLNI_ $.L,OOO,OOO -', EI. [)IS[,\~,~OLlCYL1/.:IIT 1 000, 000 EL DISEASE-EA EMPLOYEE ,1, 000 , 000 THf I'ROI'RIETOR.' : l'ARl\iLlIS/EXECUTIYE 1 OFHCERS ARE' ! OTHI.:R DESCRII'T10t\ OF OPERA T10:\SILOCATlO:\SIVElIICLESfSPECIAL ITBIS WELL DRILLING CONTRACTOR CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. CONTACT NUMBER 063887 SHOULl> ANY OF TilE ABOYE DESCRIBE)) POLICIES BE CANCELLED BEFORE TilE EXPIRATION l>ATE THEREOF, TIlE ISSUING COMp.,\NY WILL E:-iIJEAvOR TOIAIL ~ DAYS WRITTE~ :\OTlCE TO THE CERTIFICATE HOLDER 'i,\VlEIl TO TmEFT. BUT FAILURE TO VIAlL scell NOTICE SHALL I~II'OSE NO OIIL1GATlO~ OR.IAIIILlTY OR REPRESENTATIVES. COLLIER COUNTY GOVERNMENT 3301 E TAMIAMI TRAIL NAPLES FLORIDA 34112 WC A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5 . Ronte to Addressee(s) Office Initials Date (List in routin order) 1. 2. 3. 4. Colleen M. Greene Assistant County Attorn 07/20/06 5. Sue Filson, Executive Manager Board of County COmmiSSl 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. AU original documents needing the Bee ehairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Lyn M. Wood, C.P.M. Phone Number 774- Staff Contact 2667 Agenda Date Item was April 11, 2006 Agenda Item 16.C.2 Approved by the Bee Number Type of Document Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Number of Original Five (5) Attached Maintenance Contracting Services" Documents Attached Contractor: Rowe Drillinl! Comoanv, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG silmature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip CMG should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some docwnents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on April 11. 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The Countv Attornev's Office has reviewed the chanl!es, if applicable. 1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ITEM NO.: 1, \~.r~ oc:c i~r~)J\J-J~~ ~L,! he I .1 tURNEy 2005 ).'!I /8 ...~ I PM 2: 23 ROUTEDTO:~ -PRC-OC>5a.5 DATE RECEIVED: FILE NO.: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 17, 2006 To: Office of the County Attorney Attention: Rebef4.Zild tat"f~O/ /eejf'.,GRee lI'e From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing an Maintenance Contracting SelVices" Contractor: Rowe Drilling Company, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 2006; Ag Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: cc: Alicia Abbott, PUED 16C2 MEMORANDUM Date: July 21, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Rowe Drilling Company, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) ""'"---"-___.,,_.,.."M' AGREEMENT 16C2 THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 Rowe Drilling Company, Inc., authorized to do business in the State of Florida, whose business address is 10014 North Dale Mabry Highway, Suite 205, Tampa, Florida 33618 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 _ Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. Rowe Drilling Company, Inc. has been awarded a contract in the following categories: Category 1 - Construction and Testing of Production Wells Less than 200 Feet Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the Page -1- 16C2 selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at Page -2- 16C2 no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: Rowe Drilling Company, Inc. 10014 N. Dale Mabry Hwy., Suite 205 Tampa, FL 33618 Attention: H. Lamar Rowe Telephone: 813-265-1413 Facsimile: 813-968-9244 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- 16C2 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- 16C2 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- 16L~ payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- 16C2 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. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- 16C2 If, within one (1) year after final 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- 16\ 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. .t!/ """. ;;'lr.i If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- 16C2 specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- 16C2 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page -11- 16L~ 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: ,':', "~., '; Dwight E..,~.: '.I<;~~...(~~ C ?~ouurtrtss ~~~k Dated: ;:"+I~tl~':'; A~$:t{i~~lr Cttafraan s ..go.....)" .. . .J BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~g By: ~ Frank Halas, Chairman ,--kd~t. First Witn I ~ Rowe Drilling Company, Inc. Contractor By: IJ4:i!::: THERESA E. PHILLIPS Type/Print Witness Name ~_.~ Second Witness THOMAS SALTER Type/Print Witness Name H. LAMAR ROWE Typed Signature PRES IDENT Title Approved as to form and legal sufficiency: {~~(} Assistant County Attorney r::lk:?l ~ J ~ ~ [;:.~J~~\ ~ i I ~" 'Of J. \{CJfo i Po Page -12- 16C2 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 06-3887_ KNOW ALL ME BY THESE PRESENTS: That are held and firmly bound to Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. , as , as Surety, located at _ (Business Address) as Principal, and WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of , as of corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by _ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -14- As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by ,as day of of corporation, on behalf of the corporation. as identification and ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_. by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- EXHIBIT B 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Percent Work completed to Date: Percent Contract Time completed to Date % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Original Contract Time: Revised Contract Time: % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit D Public Utilities EnQineerin~artment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change{s): Description: 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: Times: D Unit Prices D Lump Sum D Other Method of determining change in Contract D Contractor's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer Owner's Representative Page -21- EXHIBIT E CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. 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 L--J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) (Signature) (Typed Name & Title) By Contractor: By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- Exhibit H WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11 , 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 04/03/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T-Landrum Yaeger ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3375-B Capital Circle, NE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 14099 Tallahassee, FL 32317 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire Insurance Company 19682 Rowe Drilling Co., Inc. INSURER B: Hartford Casualty Insurance Company 29424 P. O. Drawer 1389 INSURER C: FCCI Commercial Insurance Company 33472 Tallahassee, FL 32302 INSURER 0: INSURER E: Client#: 764785 68ROWEDRI 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 00'1 TYPE OF INSURANCE POLICY NUMBER PJ'Al,}~~~~i8g~\E Pg~iJ I~~~~N LIMITS LTR NSRI A GENERAL LIABILITY 22UUVTA0145 04/01/06 04/01/07 EACH OCCURRENCE $1 000.000 I-- X COMMERCIAL GENERAL LIABILITY ~~~~~~ ~9,,~En~~~~AncA \ $300.000 l CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10 000 - PERSONAL & ADV INJURY $1,000.000 - GENERAL AGGREGATE $2 000 000 ~'L AGG~EnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $2.000 000 POLICY ~~8T LOC A ~TOMOBILE LIABILITY 22UUVTA0145 04/01/06 04/01/07 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accident) $1,000,000 ~ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - .!... HIRED AUTOS BODILY INJURY $ .!... NON.{)WNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B @ESSIUMBRELLA LIABILITY 22RHVT A0066 04/01/06 04101/07 EACH OCCURRENCE $5000.000 X OCCUR 0 CLAIMS MADE AGGREGATE $5.000.000 $ ~ DEDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND 001WC05A5522 04101106 04101/07 X I T'f',gN~~~ I 10J~- EMPLOYERS' LIABILITY $1.000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EI.. EI'.CH I'CCID"NT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT A OTHER Inland Marin 22UUVTA0145 04101106 04/01/07 $250,000 anyone item $500,000 Maximum A Pollution 22UUVTA0145 040106 040107 $25,000 OESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RFP#06-3887 Well Drilling,Testing and Maintenance Contracting Services Collier County is named as additional insured with respect to liability COVERAGES CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --10..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. A~IZE;~~ESENTATlVE ACORD 25 (2001/08) 1 of 2 #M1751272 TP4 @ ACORD CORPORATION 1985 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 (2001/08) 2 of2 #M1751272 -- . jt. ."'~- 16L:2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the ehairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date List in routin order 1. 2. 4. Colleen M. Greene Assistant County Attorne MG 07/20/06 3. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the item.) Name of Primary Lyn M. Wood, C.P.M. Phone Number 774- Staff Contact 2667 Agenda Date Item was April 11, 2006 Agenda Item 16.C.2 Approved by the Bee Number Type of Document Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Number of Original Five (5) Attached Maintenance Contracting Services" Documents Attached Contractor: Diversified DrilIin1!: Corporation INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the fmal ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on April 11. 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The COUn:- Attorne 's Office has reviewed the chan es, if a licable. CMG I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1 6 L'2 RECEIVED: /) \!\oPC\& ~~> (f5 ITEM NO.: -.r-Ji> i \C- \DATE .oJ.' 0"__1..,_ \...-/1 I ~ .,X)UNTY ATTORNE\ OC, - ?/(c - OQS-~ JUL 20 PM 2: 30 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 19, 2006 /'A' ~ tl''-7 Office of the Co ty Attorney Attention: Ro rt Zachary Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 To: From: Re: Contract: 06-3887 "Annual Contract for Well Drilling, Test' g and Maintenance Contracting Services" Contractor: Diversified Drilling Corporation BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 200 Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Plea e forward to BCe for signature after approval. If there are any questions ncerm the document, please contact me. Purchasing would appreciat notification w en the documents exit your office. Thank you. cc: Alicia Abbott, PUED MEMORANDUM Q~ ~ J , j'yr:f AtJ ItL JUll ~1"ttJ C)V<< \)' ~~ ~ GE.AtE.tr TO: Sheree Mediavilla Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: July 19, 2006 RE: Review of Insurance for Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Diversified Drilling Corporation 16C, This Contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LW cc: Alicia Abbott, PUED Division of Corporations Page 1 of2 J6C2 Florida Profit DIVERSIFIED DRILLING CORPORATION PRINCIPAL ADDRESS 8801 MAISLIN DRIVE TAMPA FL 33637-6706 US Changed 02/0412005 " - MAILING ADDRESS 8801 MAISLIN DRIVE TAMPA FL 33637-6706 US Changed 02/04/2005 Document Number 515779 FEI Number 591688848 Date Filed 09/29/1976 State FL Status ACTIVE Effective Date NONE Last Event MERGER Event Date Filed 11/14/2001 Event Effective Date 11/15/2001 egIs ere .gen I Name & Address I KECK, KEVIN J 8801 MAISLIN DRIVE TAMPA FL 33637 I Name Changed: 02/04/2005 I I Address Changed: 02/04/2005 I R . t dA t l.n___",~_~^_~_,___..w____.~.n_",___",_~,_'_m^. Officer/Director Detail TAMP A FL 33602 II Title I [J lITo Name & Address KECK, KEVIN J 501 KNIGHTS RUN AVE. #2106 FINCH, EDWIN 600 TWENTIETH ST. N #350 http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&nl =515779&n2=NAMFWD&n3=... 5/16/2006 ,--~._.,,",---~. Division of Corporations Page 2 of2 I BIRMINGHAM AL 35203 II I ABERNATHY, BOYCE D 6503 us. ffiGHWAY 301 NORTH TAMPA FL 33610 GRA YES, STANLEY D 2870 OLD ROCKY RIDGE RD., 119 BIRMINGHAM AL 35243 16[;2 ~V~~'_~__^'~y^~~__~"~__~~"y.v",^,.~~._~,_,~,_.._~,,~~""'V'~~_""""^_V~~'~'-"-'~,~~, ua epo s I Report Year II Filed Date I I 2004 II 01/12/2004 I I 2005 II 02/04/2005 I I 2006 II 04/13/2006 I Ann lR rt View Events No Name History Information "--._'~W'~~-'-'_m"~_,w__,~~,"~_~~_v,',C"'~W''''~V~''_~,'~,-_',.wv~"w.w~~_~<____~,'~w.__v__,~"=<,__._,_.,.~~~w,,.V__"'M~C'_V'_'~~_~'~A~~~__~ Document Images Listed below are the images available for this filing. 04/13/2006 -- ANNUAL REPORT 02/04/2005 -- ANNUAL REPORT 01112/2004 -- ANNUAL REPORT 03/3112003 -- ANN REPlUNIFORM BUS REP 03/27/2002 -- COR - ANN REPIUNIFORM BUS REP 11/14/2001 -- Merger OS/23/2001 -- ANN REPIUNIFORM BUS REP 11115/2000 -- Merger 03/20/2000 -- ANN REPIUNIFORM BUS REP 04/23/1999 -- ANNUAL REPORT 06/05/1 998 -- ANNUAL REPORT 04/09/1997 -- ANNUAL REPORT 04/12/1996 -- 1996 ANNUAL REPORT TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =5 1 5779&n2=NAMFWD&n3=... 5/16/2006 !V1.. -- J1 ., -,.r ",;.'~ - -..... li MEMORANDUM Date: July 21, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Diversified Drilling Corporation, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) AGREEMENT . 'J l.bLc.. THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 Diversified Drilling Corporation, authorized to do business in the State of Florida, whose business address is 8801 Maislin Drive, Tampa, Florida 33637 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 - Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 _ Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. Diversified Drilling Corporation has been awarded a contract in the following categories: Category 1 - Construction and Testing of Production Wells Less than 200 Feet Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells Category 5 - Maintenance and Testing of Existing Production Wells and Facilities Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the Page -1- 16C2 selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3, EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs, Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at Page -2- il Ok L ~ .l'~, v '- ...;, no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: Diversified Drilling Corporation 8801 Maislin Drive Tampa, Florida 33637 Attention: Kevin J. Keck, Vice PresidentlTreasurer Telephone: 813-988-1132 Facsimile: 813-985-6636 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8, NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- l6L~ 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person tcr use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12, NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin, 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- 16C2 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- 6C2 payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17, PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18, SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19, CONTRACT TIME AND TIME EXTENSIONS, Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- 16C2 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. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- 16C2 If, within one (1) year after final 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- ,_.~_~......._.__"__.,__.._~_~_~_____.._"_.__."..._""_""___'___~__"'_'_'__'_ .-._0<_- 16C2 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order, The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- 16C2 specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- 16C2 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - Cl, edge-of-pavement - EOP, etc) , and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page -11- 16C2 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA k BY~ Fra alas, e air -"" Dated: :J-~f& A~:te . ) to 0.4 t rt&a;ft " , i gn ur M 1 III ~ f? iol- First itness CJ),~ / PI'tof Type/Pn Witness Name ~ ) C, N' "w &"",,:JJ. "- Second itness T y~PriniWlt0e~2N~;;:;~ R · By: Diversified Drilling Corporation Contractor lL.~Y Signature ~, ~:T lU:-. cJc Typed Signature U, U' kR ~ I cLe-.-f Title Approved as to form and legal sufficiency: (~rn~ / Assistant County Attorney Item# 1~ f1~;\ldJ U \ \-{)b Du~8 I- Page -12- ,4> -,. EXHIBIT A PUBLIC PAYMENT BOND Jk '1 \;4':,)'/ ,:/;fi: ;_"~~"'i Bond No. Contract No. 06-3887_ KNOW ALL ME BY THESE PRESENTS: That , as , as Surety, located at_ (Business Address) as Principal, and are held and firmly bound to Oblige in the sum of ($ ) 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 ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- Signed, sealed and delivered in the presence of: 16C2 PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,as ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) Witness as to Surety OR Page -14- 16n~ Lc: As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___. by , as of . Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 16C2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications, Page -16- 16C2 ...: ~ This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. - ..- ,.\ In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- ~ ..1! r? .',t. \" '_'" ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of ' Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- .l6C2 EXHIBIT B 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of ' a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- .""'---,-.-..-....""-....----.-..--.-..--. EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT ],6C2 (County Project Manager) Contract No. _06-3887 (County Department) Project No, Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit D 16C2 Public Utilities Engineerin~artment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s}: Description: 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: Times: o Unit Prices o Lump Sum o Other Method of determining change in Contract o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Owner's Representative Engineer Page -21- -,-~.... .".p- EXHIBIT E CHANGE ORDER 6C2 .. CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. 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 L-) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION 6C2 OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 16C2 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- Bid No.: Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST i' 6C2 '" JL Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No,: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- Exhibit H 16C2 WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11 , 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) TOTAL FEE $ $ $ $ Task I Task II Task III Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Date Department Director, Department Name APPROVED BY: Date Division Administrator, Division ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- 1 .1 ACJJBDN CERTIFICATE OF LIABILITY INSURANCE OP 10 P (DfYYYY) DIVDR-1 04/13/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL V AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Wallace Welch & Willingham Inc 300 First Avenue South, 5th Fl P.O. Box 33020 St. Petersburg FL 33733 phone: 727-522-7777 Fax:727-S21-2902 INSURERS AFFORDING COVERAGE NAIC# Diversified Drilling Corp 8801 Maislin Drive Tampa FL 33637 COVERAGES INSURER B: INSURER C' INSURER 0 INSURER E Hartford Fire Ins Co I ___~____~----r------- contiI1~sua1ty Co./CNA L-210944-!!3~8-~'--'- .Amerisure companies I J American International ._---~-_..-.._.-_._- INSURER A: INSURED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHST ANDING ANY RE:OUIREMENT, 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 SHOWI, MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~~r--:;:YPE~F INS~~NC;----c--' POLICY NUMBER PO_l,IgY~~P()TjffEXPfFfA'f1ON LIMITS DATE (MMlDDfYY DATE',MM/DDfYY'\' I GENERAL L1ABILITV 04/09/06 \ EACH OCCURRENCE $ 1, 000, OO_~ rXl COMMERCIAL GENERAL LIABILITY LJI\\\1'I\GFTCYH!:cN I!:cU A 22UUVUB9275 04/09/07 PREMISES (Ea occurence) $300,000 ~ ] c'^'"'"'" [lc] oc,"' MFD EXP (Any onc person) 510,000 I GEN'L A~;RE~A~E LIMIT APPLIES PER PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,0~~ ~. PRODUCTS - COMPIOP AGG $ 2 , 000 '- 0 O~__ , "POLICY Ixl j~c?T 'n LOC -' Empl Ben 1,000,000 AUTOMOBILE L1ABILITV COMBINED SINGLE LIMIT - $1,000,000 A ~ ANY AUTO 22UBVD0584 04/09/06 04/09/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY -- $ I SCHEDULED AUTOS (Per person) ~ HIRED AUTOS BODILY INJURY $ il~ ",,'.OW","O,"' (Per aCCident) PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITV AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONL V: AGG $ ~ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 B ,X OCCUR 0 CLAIMS MADE L2076579973 04/09/06 04/09/07 AGGREGATE $ 5,000,000 \ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X IT~~l~I~Ws I IO~,H ER C EMPLOYERS' L1ABILITV WC200833303 04/01/06 04/01/07 $ 500,000 I "NY PROPHiETORiPARTNERIEXECUTlVE EL EACH ACCIDENT OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under I' L DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER D pollution Liab CP01958950 04/09/06 04/09/07 Limits $5M/$SM A Leased/Rent Equip 22UUVUB9275 04/09/06 04/09/07 Limi t $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BV ENDORSEMENT I SPECIAL PROVISIONS Re: RFP# 06-3887 Annual Contract for Well Drilling, Testing, and Maintenance contracting services". certificate Holder is a General Liability Additional Insured. *30 day cancellation notice applies with the exception of non-payment of premium, which a 10 day notice applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR COLCOBO Co11ier County Board of County commissioners 3301 E Tamiami Trl Naples FL 34112 @ACORD CORPORATION 1988 ACORD 25 (2001108) 1 C. ~ J.?i 6Jt: IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ORIGINAL DOCUMENTS CHECKLIST & ROUTING !I~ G 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Initials Date (List in routin order 1. -- 2. 4. Colleen M. Greene Assistant County Attorne 07/25/06 3. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Lyn M. Wood, C.P.M. Phone Number 774- Staff Contact 2667 Agenda Date Item was April 11, 2006 Agenda Item 16.C.2 Approved by the Bee Number Type of Document Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Number of Original Five (5) Attached Maintenance Contracting Services" Documents Attached Contractor: Jaffer Associates Corp. INSTRUCTIONS & CHECKLIST lnitia the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on April 11. 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. CMG I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 16C2 ... MEMORANDUM Date: July 25, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Jaffer Associates Corp. Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) 16C2 - FROM: MEMORANDUM ~~R OIJ fCfIVfD Sheree Mediavilla C) ~ 1;1:>' (~ JUL 20 2tlo6 Risk Management Department .J'{ 1) \ RISK. ""WAGEMi:.: Lyn M. Wood, C.P .M., Contract Specialist Purchasing Department TO: DATE: July 19, 2006 RE: Review of Insurance for Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Jaffer Associates Corp. This Contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LW cc: Alicia Abbott, PUED FILE NO.: 0' - PRC- 005// 1.6C2 '-:\ 'GA1-t=1 \~CEIVED: 'l:~;' \~y(~- ~J\OR. ~ U~"') O D~ ?:40 JU\ '2. \ n '- l~Go '.. .... ITEM NO.: ROUTED TO: REQUEST FOR LEGAL SERVICES \Olo \"} 0 ~\ ^({\0 ~ U' G\\J ~C;, . ~ DO NOT WRITE ABOVE THIS LINE Date: July 19, 2006 To: Office of the Co~~Attorney C ffl c:r- Attention: Rob~9""Lachary Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 From: Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Jaffer Associates Corp. BACKGROUND OF REQUEST: Contract review and approval. This contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: OTHER COMMENTS: Robert, this is a standard contract with no changes. P BCC for signature after approval. If there are any questi s concern document, please contact me. Purchasing would appreci te notification the documents exit your office. Thank you. cc: Alicia Abbott, PUED Division of Corporations 16 G~Of2- L, .~ "_^.....~...n.~_.'..~~__,,..i Foreign Profit JAFFER ASSOCIATES CORP. ~'~_~"'_-_____~_'_~~~'_"""""^"~_'~~N.'~~'~m'^~"____^~_'_'w.~'~""^'~~'.,"_~"~"~'~Ms"_'~_~~.~~~",'~,_"~_,~,_~,,,,~~~~'~~'__,~.'A__'~,v_m"_.~~~'^"~~,~_~'._~~..~~~~,,,..,,__~_,....__'.A_._'~_~"~'"~._,~^._w~~....._,.~'~.~m.~'~.'~~~,,.> PRINCIPAL ADDRESS 2801 N.W. 6TH AVENUE MIAMI FL 33127 ................."...-.- ...\ MAILING ADDRESS 2437-1/2 UNIVERSITY BOULEVARD HOUSTON TX 77005 Document Number F03000002473 FEI Number 562354533 Date Filed 05/16/2003 State DE Status ACTIVE Effective Date NONE (...._._~._~ Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTA nON FL 33324 L.. Officer/Director Detail I Name & Address II Title I TURNER, JAMES G D 2437 II2 UNIVERSITY BLVD, HOUSTON TX 77005 FRlEDLANDER, EUGENE D 2801 NW6AVE MIAMI FL 33127 L..... I! I Annual Reports Report Year !! Filed Date !I htto://www.sunbiz.org/scriots/cordet.exe?al = D ETFIL&n 1 =F03 000002473 &n2=NAMFWD... 6/22/2006 Division of Corporations 160~ - 2004 2005 2006 II II II 02/23/2004 02/15/2005 04/25/2006 l~.... ''''_..__..~.n.......,.._~._~. .. . '_'~__"W"""'''''V....__ "n.l No Events No Name History Information b~_~_,~...~~~~~ m~~~w_v~-~~v~.V_"~_^'H~~~h'~_~r..~' '~_V.'~.-~~~N^W,_~~__AW~__'___'._'.,..',,'~", _."_~_~V~"V.____'~"__"~~'~'~"^,',.^'.'~W,,.~W~'_~'_W^_~n_.'N^'~_,",'..~m~<.,'~~w~w,.__,.y~_~'~~..' ""<_~_~^' W~,__,"~,V~W".~__4W_'.'A_A'~~~'~_.._h~'N,'." "~<,_'m.w_'_'U~W.V~~,~~_.J Document Images Listed below are the images available for this filing. 04/25/2006 -- ANN REPIUNIFORM BUS REP 02/15/2005 -- ANN REPIUNIFORM BUS REP 02/23/2004 -- ANN REPIUNIFORM BUS REP 05/16/2003 -- Foreign Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ~'N""_~'_hW^WN^'='^'=~~'__A.._.,...~..,_~_.~..'m^w=,,,,,'__''''h'~_''~_,~~~^~'m<<~AW__._''m.,VA__V=W,WN~''~'^~A'_A-_..'_V^',,',..~.w,^Wc,'.,N."w.__,'.'.'_..ww_._,._,,'.'....~h..'.',.,'w,','^""'~~_," ,.._,.....'w,.~.^~^...'wO'__..~,.__,._,.'.W_VN,W,.U,W^W"'-_~u_'_'_,",Y~'h'^'~.V~^"'^'''W_''_'_''''_h'=",^",,=^'~,'^,w'A',wi h!!!2JL~y,sunbj?:^,ond scri DtS/ cordet. ex~ 'la,l = D ETF.'IL&n 1 ~QJQO Q0024 73 &n2==l:iAMFWD..^,- 6122/2006 AGREEMENT 16C2 ::::;:- THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 Jaffer Associates Corp., authorized to do business in the State of Florida, whose business address is 2801 N.W. 6th Avenue, Miami, Florida 33127 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 _ Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. Jaffer Associates Corp. has been awarded a contract in the following categories: Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 4 - Construction and Testing of Injection Disposal Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Page -1- J.6C2 - For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be . attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. Page -2- 16C2 .... 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: Jaffer Associates Corp. 2801 N.W. 6th Avenue Miami, FL 33127 Attention: Eugene C. Friedlander, President Telephone: 305-576-7363 Facsimile: 305-573-8711 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any Page -3- 16C2 -- purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional~red on both the Comprehensive General Liability an~ Oll",;n"'M ^ ,,11 L' L.i1it~. [/8Iiai88. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- 16C2 - 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress payment, subsequent to the first payment to Contractor. All applications for payment, whether for full Page -5- . . 16C2 - payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -6- 16C2 .. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final 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 Page -7- 16C2 - 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Page -8- 16C2 - Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated Page -9- ~ .... 16C2 - damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- 16C2 - 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - Cl, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Page -11- 16C2 - Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: , Dwight.g.. m-ai.'. k BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~>~a-.- Frank Halas, Chairman Dated.: 1-~..'" '.. Ob , Attest l' . 1 nIIIt . '..1tift.a+~ 1" ~~. . ~~~ \, Fi t Witness Yaquelin del Rio rint Eu ene C. Friedlander Typed Signature President Title 01')61 11chenko Type/Print Witness Name Approved as to form and legal sufficiency: C~m~ --' Assistant County Attorney Item # It( ~ {) Agenda 4/lIloV Date Date '7/~5{tk Rec'd ~a::tk~~ Page -12- 16C2 - EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 06-3887 KNOW ALL ME BY THESE PRESENTS: That are held and firmly bound to Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. , as , as Surety, located at _ (Business Address) as Principal, and WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- 16C2 - Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,as of corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -14- 16C2 - As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 16C2 ... PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- 16C2 - 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 Sectio!1 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as day of of corporation, on behalf of the corporation. as identification and ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- 16C2 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___. by , as of I Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- 16C2 - EXHIBIT B 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 16C2 ... (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: Percent Work completed to Date: Percent Contract Time completed to Date % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit D 16C2 - Public Utilities Engineerin~artment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: o Unit Prices o Lump Sum o Other Method of determining change in Contract o Contractor's records o Engineer's record o Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer Owner's Representative Page -21- EXHIBIT E CHANGE ORDER 16C2 - CHANGE ORDER NO. CONTRACT NO. 06-3887_ BeC Date: Agenda Item: TO: DATE: PROJEeT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. 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 eontractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF eOUNTY eOMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- 16C2 - EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 16C2 .. 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- EXHIBIT G FINAL PAYMENT CHECKLIST 16C2 - Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) (Signature) (Typed Name & Title) By Contractor: By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- 16C2 - Exhibit H WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11 , 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- 1<.l.te. 7;11/2006 Time. 10.35 AM To. 13055738711 @ 13055738711 Brown & Bt6nc 2qe. JAFASC 002-004 - ACORD". CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY) 07/11/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1401 Forum Way HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Suite 400 West Palm Beach, FL 33401 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Southern-Owners Ins 02954 Jaffer Associates Corp INSURER B: North River Ins Co-01556 2801 N.W. 6th Avenue INSURER c: Travelers Indemnity Co of CT 01812 Miami, FL 33127 INSURER D: Owners Insurance 09386 INSURER E: Client#. 11007 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE r-OR 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 ....00' TYPE OF INSURANCE Pci';i~~:~f~~~I~IE POLICY EXPIRA TI ON LIMITS LTR INsil. POLICY NUMBER DATE IMMIDDIYYI A ~NERAL LIABILITY 0146122060171506 06/30/06 06/30/07 EACH OCCURRENCE $1 000000 X COMMERCIAL GENERAL LIABILITY ~~~~f!,~~O RENTED $100000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10 000 - PERSONAL & ADV INJURY $1 000000 - GENERAL AGGREGATE $2 000 000 ~'l AGGREAE LIMIT APFlS PER: PRODUCTS. COMP/OP AGG $2 000 000 PRO. POLICY JECT LOC D ~TOMOBILE LIABILITY 4289865400 06/30/06 06130/07 COMBINED SINGLE LIMIT ~ ANY AUTO (E<I accident) $1,000,000 f-- All OWNED AUTOS BODll Y INJURY (Per person) $ f-- SCHEDULED AUTOS ~ HIRED AUTOS BODll Y INJURY $ ~ NON.OWNED AUTOS (Per accidenl) PROPERTY DAMAGE $ (Pa r accidenl) qAGE LIABILITY AUTO ONl Y . EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONl Y: AGG $ B ~ESS/UMBRELLA LIABILITY 5530875273 06/30/06 06/30/07 EACH OCCURRENCE $5 000 000 X OCCUR D CLAIMS MADE AGGREGATE $10,000.000 $ ~ DEDUCTIBLE $ X RETENTION $0 $ WORKERS COMPENSATION AND I TV;;~yS;r,~~i; I IOJ~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $ If yes, describe Lmder SPECIAL PROVISIONS below E.L. DISEASE. POLiCY LiMIT $ C OTHER Leased 1 QT660273D0188P HX 06/30/06 06/30/07 $100,000 Max Per Item Rented Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS uu 10-DAY NOTICE OF CANCELLATION APPLICABLE FOR NON PAYMENT OF PREMIUM. It'lt"lt********************lt'**************1:****************************************** For all operations of the Named Insured as they relate to this project, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE'I HEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ----3.0- DAYS WRITTEN 3301 E Tamiami Trail NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE lEFT. BUT FAILURE TO DO SO SHALL Naples, FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT A TIVES. AUTHORI~ED REPRESENTATIVE C::::::~~!:C ~~,(~:::,2'~.. ACORD 25 (2001/08) 1 of 3 #S364103/M364091 JEL @ ACORD CORPORATION 1988 ,~~~. 7/i1/2006 Time. 10.35 AM To. 13055738711 @ 13055738711 Brown & Brown, Inc. Paqe. 003-004 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 25-5 (2001/08) 2 of3 #S364103!M364091 'a'::U. '7/1.'1/2006 Time I 10135 AM To I 13055738711 @ 13055738711 Brown & Brown, Inc. ........-"-_..__._---.-............... . ...... ..p $$q$lptIQN$.(qpntjI14e,~.fr()m.pag~.1 j........ Collier County Government is Additional Insured as respects to Commercial General Liability & Commercial Umbrella Liability. AMS 25.3 (2001108) 3 of 3 #5364103/M364091 Page. 004-004 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 7/1~06 CRUM RESOURCES, INC. 100 S MIS~OURI AVENUE eLEARWATER FL33756 1-800-277-1620 Serial # 099909 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURER A: NEW HAMPSHIRE INSURANCE CO. INSURER B: AMERICAN HOME ASSURANCE CO. INSURER C. INSURER D: INSURER E: PRODUCER L1C #1782035 1-508-820-4400 RISK STRATEGIES COMPANY 1 SPEEN STREET, SUITE 160 FRAMINGTON, MA 01701 INSURED 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 OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD DATE IMM/DDIYYI DATE IMM/DDIYYI ~NERAL LIABILITY EACH OCCURRENCE $ - 5;ERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ CLAIMS MADE DOCCUR MED EXP (Anyone person) $ - PERSONAL & ACV INJURY $ GENERAL AGGREGATE $ GEn~GREGATnMIT APPLIES n:t PRODUCTS. COMPIOP AGG $ POLICY PROJECr LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) - ANY AUTO - ALL OWNED AUTOS BODILY INJURY $ (Per person) I-- SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ f-- (Per accident) I-- NON.OWNED AUrOS PROPERTY DAMAGE $ (Per accident) ~GE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ =:JOCCUR DCLAIMS MADE AGGREGATE $ $ ~~EDucnBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU.; I I OTHER A EMPLOYERS' LIABILITY 621522 5/19/2006 5/19/2007 X TORY LIMITS ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER I MEMBER EXCLUDED? 621473 5/19/2006 5/19/2007 E.L. EACH ACCIDENT $ 1,000,OC If yes, describe under E.L. DISEASE. EA EMPLOYEE $ 1.000,OC SPECIAL PROVISIONS below _._._---~ -..---.- --_._-~_._._... . -.-.-.-- .--...------ E.L DIS~~:.P~I,!~Y.LI~__._.~_____ ,)"OO,Q,QC OTHER DESCRIPTION OF OPERATIONS I LOCA nONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS ISSUED AS EVIDENeE OF INSURANCE. THIS CERTIFICATE REMAINS IN EFFECT PROVIDED THE CLIENT'S ACCOUNT IS IN GOOD STANDING. eOVERAGE IS NOT PROVIDED FOR ANY EMPLOYEE FOR WHICH THE eLlENT IS NOT REPORTING HOURS. EFFECTIVE 01/12/2005, APPLIES TO THOSE TEMPORARY EMPLOYEES OF eRUM RESOUReES, INC./@FER ASSOeIATE~ORP. FOR WHleH THEY ARE REPORTING HOURS. 305-573-8711 RE:CONTRACT #06-3887 ANNUAL CONTRACT FOR WELL DRILLlNG,TESTING AND MAINTENANCE CONTRACTING SERVICE. COLLIER COUNTY GOVERNMENT ATTN PURCHAEING BUILDING 3301 E TAMIAMI TRAIL NAPLES FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE yt'ts a~ CERTIFICATE HOLDER FILE NO.: ofo- ;J,fc -O()S~R ,16C ..,., '0 2 . _~D1/E\ ;1~rQEIVED: -~- I \ 1 i-\I ,Ij ,\,1\ ITEM NO.: ROUTED TO: 7L'~S AL.'.~. - 1 p\,\ 3: L\ 2 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Vt\O\o <:g \f8' l\O~ ~~S . Date: July 31, 2006 To: Office of the County. ttorney Attention: Robe achary C fil/::$ From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing' and Maintenance Contracting Services" Contractor: Layne Christensen Company BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 2006; IAgenda Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Pie orward to BCC for signature after approval. If there are any question~ . g the document, please contact me. Purchasing would appreciattolificalion ,when the documents exit your office. Thank you. I cc: Alicia Abbott, PUED 16C 2 TO: ()'P Il' Sheree Mediavilla O~ / if Risk Management Department ro MEMORANDUM DATE RECEIVED AUG - 1 2006 RISK MANAGEMENT FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: July 31, 2006 RE: Review of Insurance for Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Layne Christensen Company This Contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LW cc: Alicia Abbott, PUED (}GL )/Yl 13~ flY) LJ Ie c. '-- 111'\ Ad-J'e. 0.~~ 30 d4Cf<J 16C 2 CERTIFICATE The undersigned, Steven F. Crooke, hereby certifies that he is the duly elected, qualified. and acting secretary of Layne Christensen Company, a Delav.,lare COrporation (the "Corporation"). and as such is familiar with the books and records of said Corporation, that the resolutions set forth below were adopted by Statement of Unanimous Consent to Action taken in Lieu of a Meeting of the Board of Directors of said Corporation. dated September 28. 2001, that the following is a true and correct copy of such resolutions as they appear in the minute books of the Corporation. and. that such resolutions are in full force and effect: Authoritv To Enter Into Contracts WHEREAS. the Board of Directors deems it in the best interests of the Corporation to state the bid. contract and purchase order limits of the various officers and employees of this Corporation. Now, THEREFORE, BE IT RESOLVED, that effective as of September 1, 2001, and in lieu of all previous actions of the Board of Directors. the authority of the following officers and employees of this Corporation to (i) accept customer purchase orders and affix the corporate seal thereon; (ii) issue bids andlor enter into contracts with customers; and (ill) enter into contracts vvith venders in connection with the sale of this Corporation's products. and services and the purchase of supplies and equipment. in the name of atid on behalf of this COll'oration, shall be for an amotmt up to and mcludfug the amotmt set forth beside each of their titles in the fonowing schedule: Title President Executive Vice President Senior Vice President .. Vice President or Division President Division Vice President or General Manager District Manager Branch Manager Amount $ 5,000,000 $ 2,500,000 $ 1.000.000 $ 750.000 $ 450..000 $ 100.000 FuRTHER RESOLVED, that the president, executive vice president, senior vice president, division president, vice president or division vice president of this Corporation may delegate the authority to enter into contractual commitments which t.~ey are authorized to execute pursuant to t..~ese resolutions to any other officer, general manager, district manager or branch manager of this Corporation and may, as requested by any third party. indicate such delegation by addressing a Jetter or other written document to such third party. FuRTHER RESOLVED, that the secretary. any assistant secretary, or any other officer oftms Corporation be, and they hereby are, authorized to certifY a copy of these resolutions, and any customer of this Corporation is hereby authorized to rely upon said certificate as so presented. 16C 2 IN WITNESS WHEREOF, Steven F. Crooke has hereunto set his hand and affixed the corporate seaJ of Layne Christensen Company this 1st day of November, 2001. \\\11111/" \\\SiENSt:'Il!'" ........)... ~,\ ......'......,.fv "..",",. " "-'" ..II- ... \-~ , :- v.....O~PO~h....~ -4.i:C; ~..__ ...~. . . ""-. [COR~~RA T~ALJE~= =-..J~ SEAL r~= ~ - ~ ~ , ~- ~ , -:.. ". 1 981 ... ...... -... ."... -, D r........... ~ ' "'4 'ELAWf-,?', \ \.' .IHr"H\~ Jrs~ Steven F. Crooke, Secretary 2 16r J MEMORANDUM Date: August 10, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Teresa Dillard, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887; "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: Layne Christensen Company Enclosed are three (3) original documents, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (3) '\ AGREEMENT 16C 2 III THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 Layne Christensen Company, authorized to do business in the State of Florida, whose business address is 1900 Shawnee Mission Parkway, Mission Woods, Kansas 66205 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 - Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. Layne Christensen Company has been awarded a contract in the following categories: Category 1 - Construction and Testing of Production Wells Less than 200 Feet Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 5 - Maintenance and Testing of Existing Production Wells and Facilities Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms for the particular category of work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Page -1- M 11 ,J~ ;n C For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an. emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at no expense to the Contractor. However, any additional testing or chlorination required due to failed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. Page -2- 16C ? ~:..t*fI\III 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: Layne Christensen Company 1900 Shawnee Mission Parkway Mission Woods, KS 66205 Attention: John G. Pittas, District Manager Telephone: 913-362-0510 Facsimile: 913-362-0133 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 . . The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issu~d by the County shall be processed internally by the County. 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. 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. 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. Page -3- . "',l ,) ~t:"7"..;,:7; 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto. Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- 16C 2 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- 16C 2 payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- ?-'"~, i C 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. 16C 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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 ProjeGt 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as othervlfise provided for in the Contract Documents. Page -7- n .~. ? '......., If, within one (1) year after final 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- 16C 2 29. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and in'spections, 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. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the. right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- "". C specified in the Request for Quotation or Work Order. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. 1: 6 C The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary . thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be , inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction . (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of 'the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- .1.6C 2 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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page-11- 11 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwig E. B,r.oc~:': ,K of Courts .,. '. "~';:: . _/' - . . , .~ Ul P<- Dated:-,~ II d l~ Kt.l-~~~~fl')~/Ch.1rII4R , S 1 g;lit_:-.. ~1;111( ~~~ ~~ First Witness :DOlolP> ~ ~ep.5P Type/Print Witness Name x,LJ J;;_M~ Second itness Jj;,J(L$; J<(-f ~ el"" v Type/Print itness Name Approved as to form and legal sufficiency: (j)jJ~m )Jr(J/{{.(. / Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~~, Fra alas, Chairman ---- By: Andrew B. Schmitt Typed Signature President & CEO Title ."..:"..r_...,."",......,.>:.:.._, /!em# J~Q Agench J I (-rv_ Date .J,:::,--_ ..~ Page -12- 16C 2 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 06-3887 KNOW ALL ME BY THESE PRESENTS: That Principal, and , as ,as Surety, located at_ (Business Address) as are held and firmly bound to Oblige in the sum of ($ ) 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 , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or' supplies, used directly or indirectly by Principal. in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- 16L ? E~ Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,~ ci corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -14- II, 6C ~,&., 4 Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- M 6'. r) 2 .'f~.};;. lJ PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- n " 4"",1 ~" This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as day of of corporation, on behalf of the corporation. as identification and ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page-17- fQI '. i;' ,~ ,,'-,. i \' ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -18- "g ,J6C 2 EXHIBIT B 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as ' corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- ,n i.C'~ )j L -,~; EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized represe'ntative 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) Page -20- (i) 16C 2 Exhibit D Public Utilities Engineerin~artment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: D Unit Prices D Lump Sum D Other Method of determining change in Contract o Contractor's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: Engineer By: Owner's Representative Page -21- EXHIBIT E CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. 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 L----> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION 16C 2 OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility'of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 16L ....., c: 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 ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- EXHIBIT G FINAL PAYMENT CHECKLIST ], t( r Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- Exhibit H 16C 2 WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: Apri/11, 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- Alii-Dr-os 10:ZS From-Col liar COllnty PlIrchaiin, Z39 73Z 0&.44 T-5ZZ P 00Z/D03 2 ~AOOUCER LockP1 Companies 444 W. 47th Street, Suire 900 Kansas City Uo 64112. '906 (816) 960-9000 DATE ~ CERTIFICATE OF LIABILITY INSURANCE 0510112007 0412812006 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR EI THE COVERAGE: AFFORMD BV mE ~CJESB w INSURERS AFFORDING COVERAGE NSuREP ;26 LAYNE-ATlANTIC 2740 MINE & MIll ROAD LAKELANO, FL 3380' SURANCE CO INSURER B : :;OV!;IiIAGES LA YINOl FK THE POLICIES OF INSURANQ; LISTeI) Bel.OW HAVe eeeN ISSUED TO THE INSURED HAMED ABOVE FOR THE POl..ICY PeAIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TEAM OR CONDITION OF NoN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT'FICA"I't MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOFIOED BY THE POlICIES DESCRI8ED HEREIN IS SUBJECT TO All TME TERMS. EXCLUSIONS ANDCONOITIONS OF SUCH .". ''''Ii" A ,-,uITS SHOWN MAY HAilE BEEN REOUCEO 8Y PAID ClAIMS. ~: T'I"F 01' POUCT F.....rnu~ ~ U.T$ =~I!A.u. tlAGlUT'l ElOl:;.. ,JC:C::, AAF~.F...-- ~ 2 fIN\ 1IN1 A 1l :5Io1IiACIAL GEJoGRAL LIAlllJTY GLO 9137,H8.oo 05I0J/2oo6 05/0112007 FIRE DAMAGE 1_ one"'\ ~ ~oo.ooo - CL.t,lAS lAAOE 0 OCCVR MIOO liltl> 'Anv one Derlonl , 10.000 X CONTRACTUAL I P""'SONAl & AOV INJU~Y $ 1.000.000 G~~AlAeGAEGATE $ 2.000.000 ~t ","GRn~'~ An ,PEA; pAOouCrs COIo1P1OP AGe. $ 2.000000 X POLICY JE~ lOC ~OMOBllE UABUn' COMBINEO SINGlE liMIT :; 2,000,000 A X A'NY AUTO BAP 913755~-OO 05/0112006 0510112007 lEa aceodetll) - ALL OWNr;;D AuTOS BOOIL Y INJlJRY r. XXXXXXX - SC><EOUlED AuTOS If'er person} lL HIRED AUTOS 8OOtl. v INJURY ~ xxxxxxx lL NON.OWNr;;o AuTO$ (Per IICCIM"!) - PAQPEATY DAMAGE " XXXXXXX (P8<a_> ~RAClELI~ AUTO ONlY - Ell ACCtOIiNT :; _ ANY AUTO NOT APPUCA8LE OTHER fIlAN EA ACC ~ XXXXXXX AVTO ONlY: ~C3 ~ XXXXXXX EXCESS UABIUTY EACl1 OCCvFlAE"'Ce , XXXXXXX 0- OCCUR 0 CLA'lAS lI..oe NOT APPLICABLE AGGREGATE $ XXXXXXX 1=1 0 W8RElLA ~ XXXXXXX DliOuCToBl.e FOlW I . XXXXXXX RETENTION , :; XXXXXXX 1\. .WOFIK~~ COMPE~S~TION AND .. _We. 9131560-.00. 0510112006 05/0112007 tlc ~jTATU- ..I. J',rH- 08Y,UMlTS. , .. Ef.L_ - 1\ ""'LOVER" LIADILITY we 9137561-00 (WJSCONSJN) 0510112006 OSlO 1/2007 1.000.000 E.L. EACH "'OCIOENT , EL. DISEASE. iA EMPlOv& ! I 000.000 EL OISEASE. POI,ICV lIMIT ~ ) -<)00.000 OTHER 'l!:$CFIIPTJOIll 0,. orcRATJON~OCAT1ON:11VEHlCU:S/EXClUSlOH:l ADDED BY ENOORseMfNT/SPl!ClAl PAOIlISIONS RE:RFP NO.06-3887 ANNUAL CONTRACT fOR wa.L. DRIU...lNO. TESTING. AND MA~NANCE CO~^CTlNG SERVICES, COUIEK COUNTY BOARO Or COUNTY COMMISSIONERS IS AN ADDITIONAL JNSURED AS RESPECTS lJABD.lTY CO\IER.A~. ONLY AS REQUIRED BY CONTRACT. :ERTIl=lrATS:: I I "OIJITIONI\L INSlJIU:P. INSlmER LETTIiA: "AN"C' . AT.",... 2493502 SHOULD AHY OF THE ABOVE tlE5CR1tJEO POUQES BE CANCElLED BEFORE THE EXPIRATION COLU EA COUNTY BOARD OF DATE THEAmF. THE Ill$UftG INS,,"E" WLL l!:NOt:AYOfl TO ~ ...J!L. DAYS WRm~N COUNTY COMMISSIONERS 330' EAST TAMIAMI TRAil NOTICE TO TItE c::eIlT1FICATE HOLDER *_D TO T1tf' LEl'T,8UT FAILUiAE TO 00 so SHALL NAPLES Fl34112 IM"O_ NO OIIUGATION Oft UAlRUTY Of' At<< KIND UPON Tilt: INSURER. ITS AGeNTS OR REPAESENTATIVES. AUTIfORIZED REPRESENT ATIYr= ~ k:? ...- ,CORD 25-5 (7197) F_'1~ ".,.,...n, 4.... ~......... wm.ct 11M......'.... ..... .~......." ............ .,..., t_ c......... .t.A..INa1.. III ACORD C-aRPOAATIO" 1988 Au,-OT-06 10:26 From-Col lier County Purcha;in, 239 732 DB.... T-522 P 003/0D3 F-615 16C 2 IMPORTANT If the certHlcate holder is an ADDITIONAL INSURED. the poIicy(ies) must be endorsed. A statement on this certilicete does not confer rights to the certiflC8te holder in lieu of such endorsement(s), If SUBROGATION .S WAIVED. subjed 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). OISCLAIMER The Cel1ificate 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 ceftificate holder. nor does it affirmatively or negatively amend. extend or alter the coverage alforded by the policies listed thereon. 16C 2 MEMORANDUM Date: September 22, 2006 To: Lynn Wood, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Agreement #06-3887 "Annual Contract for Well Drilling, Testing and Maintenence Contracting Services" Contractor: ALL Webb's Enterprises, Inc. Enclosed are three (3) original contracts, as referenced above (Agenda Item #16C2) approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) TEM NO.: dATEJ6f)D 2 r'ILE NO.: ROUTED Too6-Pf<C-a/ 55 y DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES I"'-;) = r c.::') '- , Date: September 18, 2006 c::::r't- r',> ...._~. (/) r-- P'l ---- -'0 L --I To: Office of the County Attorney N --< CJ Attention: Robert Zachary P:r -0 --f ......._.._ --j "T 3 -:::) From: Lyn M. Wood, C.P.M., Contract Specialist l..... ~, XI , '- ? Purchasing Department, Extension 2667 0 ~',~ N I "_~..-.: Re: Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: All Webb's Enterprises, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with no changes. Please forward to BCe for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C- c- (2.I'fL- Cf--Z2,-{)&' c P;.." / rn v 13 ;g I /l'l ,/ fA..lC-xlra-r /,Gt... l/Y"l --- A& t. ,/ -a:. 0 i/ ;d- t-t"... iYl-t&<.. ';:;.n-1 ~ cc: Alicia Abbott, PUED MEMORANDUM <fV 16C 2 \p / 0 OATE RECEIVED O'k f)., D SEP 2 0 200Ii 0\/ Rl SK AAAAGH\EN1 TO: FROM: Sheree Mediavilla Risk Management Department Lyn M. Wood, C.P.M., Contract specialist~ Purchasing Department 'J J September 19, 2006 DATE: RE: Review of Insurance for Contract: 06-3887 "Annual Contract for Well Drilling, Testing and Maintenance Contracting Services" Contractor: All Webb's Enterprises, Inc. This Contract was approved by the BCC on April 11, 2006; Agenda Item 16(C)2. Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. dod/LW cc: Alicia Abbott, PUED c./1 (., / IY1 S19 / hi wc~~r/.G/... jm fir 30 jr ~m ~ LLt,... .a rY\ AGREEMENT J6C 2 THIS AGREEMENT is made and entered into this 11th day of April, 2006, 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 All Webb's Enterprises, Inc., authorized to do business in the State of Florida, whose business address is 309 Commerce Way, Jupiter, Florida 33458 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 11, 2006 and terminating on April 10, 2007 with four one (1) year renewals, renewable annually on the original contract date. The County Manager or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager or his designee shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed ten (10) firms to be pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for Category 1 - Construction and Testing of Production Wells Less than 200 Feet, Category 2 - Construction and Testing of Production Wells Greater than 200 Feet, Category 3 - Construction and Testing of Aquifer Storage and Recovery Wells, Category 5 - Maintenance and Testing of Existing Production Wells and Facilities, Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells, or Category 7 - Construction of Wellfield Monitoring Wells, or some combination of categories, on an as-needed basis as may be required by the Owner. All services will be provided in accordance with the terms and conditions of RFP 06-3887 - Annual Contract for Well Drilling, Testing and Maintenance Contracting Services, and the Contractor's proposal herein referred to and made an integral part of this agreement. All Webb's Enterprises, Inc. has been awarded a contract in the following categories: Category 2 - Construction and Testing of Production Wells Greater than 200 Feet Category 3 - Construction and Testing of Aquifer Storage & Recovery (ASR) Wells Category 5 - Maintenance and Testing of Existing Production Wells and Facilities Category 6 - Maintenance and Testing of Existing ASR and Injection Disposal Wells Category 7 - Construction of Wellfield Monitoring Wells The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any renewal or extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the Page -1- selected firms for the particular category of work required, negotiate favorablp~eC ter,2and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at least three (3) of the selected firms for the particular category of Work required, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. County Attorney and Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from all of the contracted firms for the particular category of Work required. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. The Work Order shall be in the form attached hereto as Exhibit H. 3. EMERGENCY WORK: Emergency work will be completed on a rotating schedule with one (1) Contractor for each of the various type wells being designated for a one (1) month period. Each selected Contractor shall supply all County departments utilizing this contract with a minimum of two (2) twenty-four (24) hour emergency contact phone numbers. Emergency work shall be defined as any work that is not scheduled. All maintenance Contractors must participate in the emergency work rotation, which will be equally divided among the Contractors awarded this Agreement. The annual schedule will be developed at a meeting of all selected Contractors at the beginning of the contract and annually thereafter. Emergency calls for assistance must be responded to within twelve (12) hours, with crews onsite within eighteen (18) hours to begin repairs. Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another Contractor under this Agreement, their Agreement may be subject to termination. In the event that a Contractor cannot be on-call as scheduled, on-call services will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than one (1) month in a row on-call. Emergency work shall be performed on a time and material basis. The Contractors shall provide a list of hourly rates for personnel and equipment and shall provide a material markup. Hourly rates and markup shall be held firm for the year. Work orders shall not be required for emergency work and such Work shall be authorized by purchase order to be entered within three (3) business days from the date the emergency arises. Neither retainage, payment and performance bonds, nor Section 25, Completion, of this Agreement shall apply to emergency work. 4. MAINTENANCE WORK: May be quoted once per year on an annual basis and may be awarded on a primary, secondary basis. Maintenance work may be done on a lump sum basis or a time and material basis. For work done on a time and material basis, the selected Contractor(s) shall provide a list of hourly rates for personnel and equipment and shall provide a material markup which shall be attached to the Work Order. Hourly rates and markup shall be held firm for the year. 5. D.E.P. BACTERIOLOGICAL TESTING: All bacteriological testing to meet D.E.P. requirements shall be performed at the County Water Department Laboratory. Initial testing shall be performed at Page -2- no expense to the Contractor. However, any additional testing or chlorination re!ir9 Ce to Zed samples shall be at the Contractor's expense and the cost of each sample shall be $51.75. 6. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the Work Order issued by the Owner to the Contractor based on his response to a specific Request for Quotation, or as negotiated between Owner and Contractor. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 7. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered mail, certified mail, or facsimile to the Contractor at the following address: All Webb's Enterprises, Inc. 309 Commerce Way Jupiter, FL 33458 Attention: David W. Webb, President Telephone: 561-746-2079 Facsimile: 561-746-4199 All notices from the Contractor to the County shall be deemed duly served if mailed by registered mail, certified mail or facsimile to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Purchasing/General Services Director Telephone: 239-774-8407 Facsimile: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 8. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 9. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. 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. 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. 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. Page -3- 10. NO IMPROPER USE: The Contractor will not use, nor suffer or permit anAe2o'co u"a, any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 11. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 12. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1 ,000,000.00 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Page -4- J6C 2 14. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 15. BONDS. A. Payment and Performance bonds shall be required for any Work quoted in excess of two hundred thousand dollars ($200,000.00). B. The Contractor shall furnish a Performance and Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor in excess of two hundred thousand dollars ($200,000.00). The bonds shall be furnished using the forms prescribed in Exhibit A. C. All Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed 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 Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. The Payment and Performance Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.frns.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. D. 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 eontract 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. 16. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments and/or same shall be noted on the Work Order. If progress payments are to be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress Page -5- 16C 2 payment, subsequent to the first payment to Contractor. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. Retainage in the amount of ten percent (10%) shall only be withheld when Progress Payments are made. 17. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 18. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 19. CONTRACT TIME AND TIME EXTENSIONS. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not Page -6- be a condition precedent to the aforementioned "No Damage for Delay" provisJn,qhC par'aph shall expressly apply to claims for early completion, as well as to claims based on late completion. 20. CHANGES IN THE WORK. 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. In order to maintain the Work schedule, a Work Directive in the form attached as Exhibit D to this Agreement may be issued. A Work Directive in the form attached as Exhibit D or 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 Work Directives or Change Orders. The Contract Amount and Contract Time shall be adjusted in the Work Directive and/or Change Order in the manner as Owner and Contractor shall mutually agree. 21. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 22. CLEAN UP. 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. 23. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. 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. 24. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Page -7- 16C 2, If, within one (1) year after final 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. 25. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 27. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 28. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner 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 Owner 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. Page -8- 29. COMPLETION. When the entire Work (or any portion thereof designated in ~iti~ CowZ is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion in the form attached hereto as Exhibit F. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner 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 punchlist of items to be completed or corrected by Contractor before final payment. 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, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) Final Payment Checklist in the form attached as Exhibit G (4) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. This section does not apply to emergency work, maintenance work or to work compensated by a single payment. 30. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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 the time specified in the Request for Quotation or Work Order. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation or Work Order. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time Page -9- specified in the Request for Quotation or Work Order. Should Contractor {i~O GUbst~iallY complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation or Work Order for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner 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 the Work in a timely manner. 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. 31. DEFECTIVE WORK. Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 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 Page -10- determination is rendered prior to final payment, a Change Order shall be exe~!eRvCenCi'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. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies 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. 32. ENGINEERING DRAWINGS. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. 33. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 34. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Request for Proposal No. 06-3887, any addenda, any Quotation, Work Order or Change Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 35. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page -11- 36. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization ~~nf?vidGal Sh~ offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, GI~rk 6f Courts BY:%A ~o,C . Datec{::.." C{'"1ro--o,o Att..t~ef6l ChalrMA , " '1Qnat...... GAl- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~ Frank Halas, Chairman ;;::/ vf W~ First Witness By: All Webb's Enterprises, Inc. Contractor ~~ Signature Tarni L. Wells Type/Print Witness Name t\(iQ}nQ In, .jvMJ)c Second Witness Dnt~i CJ W Wphh Typed Signature President Title Deena M. Sabella Type/Print Witness Name Approved as to form and 'ega'Mr~ Assistant eounty Attorney Page -12- EXHIBIT A PUBLIC PAYMENT BOND 16C 2 Bond No. Contract No. 06-3887_ KNOW ALL ME BY THESE PRESENTS: That are held and firmly bound to Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. , as , as Surety, located at _ (Business Address) as Principal, and WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -13- Signed, sealed and delivered in the presence of: 16C 2 PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,as of corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_. by _ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -14- ,16C 2 Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- 16C 2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 06-3887 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -16- 16C 2 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 20_, by , as day of of corporation, on behalf of the corporation. as identification and ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- ATTEST: SURETY: 16C 2 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___. by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -18- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM J6C 2 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 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , 20_, by of , a corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. day of , as corporation, on behalf of the My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -19- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 16C """) ~ "... (County Project Manager) Contract No. _06-3887 (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) Payment Application No. for Work accomplished through the Date: RE: (Project Name) Original Contract Time: Revised Contract Time: % Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total earned Less Retainage $ Less previous payment (s) $ Percent Work completed to Date: Percent Contract Time completed to Date % AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: 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) Page -20- Exhibit D 16C 2 Public Utilities Enaineerin~artment WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: 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: Times: D Unit Prices D Lump Sum D Other Method of determining change in Contract D Contractor's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days. RECOMMENDED: AUTHORIZED: By: By: Engineer Owner's Representative Page -21- EXHIBIT E CHANGE ORDER 16C 2 CHANGE ORDER NO. CONTRACT NO. 06-3887_ BCC Date: Agenda Item: TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now (-> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -22- EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION 16C ,p'/ ~'JIfb; OWNER'S Project No. PROJECT: Design Professional's Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: Page -23- 16C~ 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -24- EXHIBIT G FINAL PAYMENT CHECKLIST 16C 2 Bid No.: Contractor: Project No.: Date: ,200_ The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: Final Completion Time as set forth in the Agreement: _Calendar Days. Actual Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4" 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Vendor Evaluation 15. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) Page -25- Exhibit H 16C 2 WORK ORDER # Agreement #06-3887 - Annual Contract for Well Drilling, Testing, and Maintenance Contracting Services Dated: April 11 , 2006 This Work Order is for services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Substantial Completion in Final Completion in calendar days from Notice to Proceed or date calendar days from Notice to Proceed or date Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I Task II Task III $ $ $ $ TOTAL FEE Compensation to be paid in one payment upon completion or in progress payments. Liquidated Damages: $ per day after date until Substantial Completion is achieved" PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Company name Signature of Authorized Company Officer Date Type or Print Name and Title Approved as to Legal Sufficiency Assistant County Attorney Page -26- ACORQM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/05/2006 THIS CERTIFICATE IS ISSUED A OF IN ~MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER (561) 776-9001 FAX (561) 776-9605 Collinsworth, Alter, Lambert, Inc. 600 Sandtree Drive Suite 101 Palm Beach Gardens, FL 33403 INSURED All Webbs Enterpri ses, Inc. 309 Conmerce Way Jupiter, FL 33458 INSURERS AFFORDING COVERAGE INSURER A FCCI Insurance Company INSURER B FCCI Conmercial Insurance CO INSURER C National Trust Insurance CO INSURER D INSURER E NAIC# cnv-- 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" I~;>! ~C!,~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GLOOO12224 11/02/2005 11/02/2006 EACH OCCURRENCE $ 1,000,000 I-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 I-- h CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000 A X BF Prop Dam PERSONAL & ADV INJURY $ 1,000,000 - - -- X XCU , Contractual GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 I POLICY m r;f~T n LOC AUTOMOBILE LIABILITY CAOO025114 11/02/2005 11/02/2006 COMBINED SINGLE LIMIT - $ X ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS B X HIRED AUTOS BODILY INJURY - (Per accident) $ X NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY UMBOOO11283 11/02/2005 11/02/2006 EACH OCCURRENCE $ 2,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 2,000,000 C IAGGREGRATE $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T"X~J:r~I#~ I 10J~' EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ If yes, describe under E.L DISEASE, POLICY LIMIT $ SPECIAL PROVISIONS below OTHER CPOOO08124 11/02/2005 11/02/2006 Limit $ 69,998 A Contents Coverage Deductible $ 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS >E: Annual Contract for Well Drilling, Testing & Maintenance Contracting Services #06-3887 ollier County Board of County Commissioners are named as additional insured for liability. Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORD ---......----.--~--TM PRODUCER Serial # 620693 (MM/DDNY) 07/2006 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 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I .~OMPAt.lJ_E_~~~FO,~!>I~~CO"E_R~C;E I I COM~ANY ZURICH AMERICAN INSURANCE COMPANY AON RISK SERVICES OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE 1100 MIAMI, FL 33131 (305) 372-9950 INSURED Oasis Outsourcing Holdings, Inc., All. Emp.: All Webb's Enterprises, Inc. 4400 N Congress Ave., Suite 250 West Palm Beach, FI 33407-3288 COMPANY B COMPANY C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N01WITHSTANDING 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ n-i~O~MERCIAL GENERAL LIABILITY ---_.._._-----~,.__.__.._--- PRODUCTS, COMP/OP AGG , $ t I CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ +---~_' - ---~..__...._--------_._-------- ---..----.. .__._---~._._-_.- _~ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ , FIRE DAMAGE (Anyone fire) $ -----..-- - ..---- MED EXP (Anyone person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ ----; o SCHEDULED AUTOS (Per person) , HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . ---'-....----------...------- ANY AUTO I OTHER THAN AUTO ONLY AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM A , WORKER'S COMPENSATION AND we 29-38-687-04 06/01/06 06/01/07 EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1000000 r' ---""'.--- THE PROPRIETORl ~Xj INCL EL DISEASE - POLICY LIMIT $ 1000000 PARTNERSIEXECUTIVE -"-- OFFICERS ARE: I EXCL EL DISEASE, EA EMPLOYEE $ 1000000 OTHER DESCRIPTION OF OPERA TIONSILOCA TIONSNEHICLESISPECIAL ITEMS ONLY THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF: ALL WEBB'S ENTERPRISES, INC RE: CONTRACT #06-3887 #1486 COLLIER COUNTY GOVERNMENT 3301 E TAMIAMI TRAIL NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE tSSUING 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. AU~RE~TATIVE .,/~~ MEMORANDUM Date: April 12, 2006 To: Lori Olivier, Administrative Assistant Public Utilities Engineering Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-85 State Revolving Fund Loan Program Enclosed is a copy of the above referenced document (Agenda Item #16C3) which was approved by the Board of County Commissioners on Tuesday, April 11, 2006. If you have any questions or if I can be of any further assistance, please call me at 774-8411. Thank you, Enclosure 16C3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16C3 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1 ---------------------------- 2. ---------------------------- 3. ---------------------------- 4. ---------------------------- 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lori Olivier Phone Number 530-5390 Contact Agenda Date Item was April II, 2006 Agenda Item Number 16C3 Approved by the BCC Type of Document Jclbfo -?;S- Number of Original 1 Attached Resolution Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate, (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be LO signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's LO Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's LO signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip LO should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16C3 RESOLUTION NO. 2006- 85 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, Florida Statues provide for loans to local government agencies to fInance the planning, design, administration and construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WW120597180 as eligible for available funding; and WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project fmancing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that: SECTION 1. The foregoing fIndings are incorporated herein by reference and made a part hereof. SECTION 2. The Board of County Conunissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District ("District") is authorized to apply for a construction loan to fInance the Reclaimed Water Aquifer Storage and Recovery <ASR) project 74030. SECTION 3. The revenues pledged for the repayment of the loan are the District's net operating revenues and System Development fees. SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby: (a) Designated to be the District's authorized representative to provide assurances and conunitments required by the loan application; and (b) Authorized to execute the loan agreement (which will become a binding obligation in accordance with its terms when signed by both parties); and (c) Authorized to represent the District in carrying out its responsibilities under the loan agreement; and is (d) Authorized to delegate responsibility to appropriate staff to carryout technical, fInancial, and administrative activities associated with the loan agreement. SECTION 5. The legal authority for the District borrowing moneys to construct this Project is Florida Statutes, SECTION 6. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed to the extent of such conflicts. SECTION 7. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, the same shall not invalidate or impair the validity, force or effect of any other Section or part of this Resolution. SECTION 8. Effective Date, This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Conunissioners of Collier County, Florida, this \ ~ day of ~ \(-< \ \ , 2006. ,\\\.\lllll'ff' ArrEST;", ' , ' . \,~ '" LJJt BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT ~ ~~.~'~ BY ~? / FRANK HALAS, C . , .... .,..:.,,: (, / . Thomas Palmer, Assistant County Attorney Item # 1 (J:.3 Agenda 4- -L l-fJb Date - - ~:~~d If-IZi}p ---_.'--- I" C3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLYP . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink papl.:f. Attach to original doculllcnl. Original documents should he hand delivered to the Board Ofli<.:c. The completed routing slip ami original documents arc to be forwarded to the L30ard Oflice only lifter the Board has taken action on the item.1 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exccntion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Tom Palmer County Attorney's office lcf I&h,kpj 5. Sue Filson, Executive Manager Board of County Commissioners , I f 6. Dwight E Brock Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Norm<llly the prinary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff lor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Bala M. Sridhar Phone Number 732-2539 Contact Agenda Date Item was April 11, 2006 Agenda Item Number 16 C 3 Approved by the BCC Type of Document Disbursement Request Number of Original 1 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signedJiuitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be revic\vcd and signed by the Office of the County Attomey. 111is includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BeC Chairman and the Clerk to the Board The Chairman's signature linc date has been entered as the date of!lCe approval nfthe document or the final TIe otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the !lCC office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee v,.ithin a certain time frame or the BCe's actions are nullified. Be a aT of our deadlines! The document was approved by the BCC on I tJ (eoter date) alld all changes made during the meeting have been incorporated in the attached document. The Count Attorney's Office h~lS reviewed the changesl if applicable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. o NA NA I: Forms! County Forms! Bee Forms! Original Documenls Routing Slip WWS Original 9.03.0.1, RcvislCd 1.26.05, Revised 2.24.05 16 C3 ,If. "1 Water Pollution Control Disbursement Request Form State Revolving Fund Programs 1. Project Sponsor Collier County. Florida 2. Project Number W'N597180 3. Disbursement Request Number 4 4. Type of Request: Partial I2l Final D 5. Federal Employer Identification Number 59-6000558 6. Mail DEFT I2l Send Remittance to: Collier County Board of County Commissioners, Collier County. FL EFT - Fifth Third Bank ABA No. 042000314 Account No. 1138577 Bank Address: Cincinnati. OH Attn: Bala Sridhar, Sr. Accountant. Collier County Public Utilities Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Allowance (no invoice needed) 2. Construction and Demolition (attach pay estimates) $ $ 2.910.525 3. Technical Services during Construction (attach invoices) 245.820 4. Other (must be specified in agreement) 5. Total cumulative to date 6. Disbursements previously requested $ $( $ 3,156,345 2.573,986 7. Amount requested for disbursement 582.359 (Line 5 minus Line 6) .. SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO: .. Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Page 1 of4 N:IPMSlAdminlForms & FileroomlWater Pollution Control Disbursement Request Form Revised 05-25-07 16 C3 " Authorized Representative's Certification of Disbursement Request I. James Coletta. Chairman of the Board of County Commissioners (name of Authorized Representative designated in the agreement) on behalf of Collier County, Florida . do hereby certify that: (name of Project Sponsor) 1. The disbursement amount requested on page 1 of this form is for allowable costs for the project described in the agreement. 2. Materials, labor, equipment. and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received. and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Project Sponsor's permanent records. 3. The Project Sponsor is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Project Sponsor is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is undelWay have been obtained. NOTE: For CWSRF loans executed on or after 7/29/04, the final draw on allowances shall be after all procurement contracts are executed and shall be adjusted to reflect as-bid costs. The project sponsor may request this last draw prior to execution of all procurement contracts if they agree to an allowance adjustment once all contracts are executed and approved. This could result in a reduction in the allowance amount. o I am requesting disbursement of the final allowance draw at this time. I understand that an adjustment to the allowance shall be made once all contracts have been executed. I attest to the certification entitled Authorized Representative's Certification of Disbursement Request as to form and correctness. ~ ... 31 .." l?1l'7 'L 1O~ ~ ~ S.r ,. County A torney . Chairman of the Board of County Commissioners (Title) cz+ '31/ 07 (Date) ATTEST:, \.' " OW I G~l;..f .:SROC1G:1, C l E Rl< r ~l-: Page20f4 '1' ~pvty lerk.J N:IPMSlAdminlForms & FileroomlWater Pollution Control Disbursement ~ue5l'r:9"m ' ~..!! toj Chalrwan s Revised 05-25-07 .! "..... -... Oft · <;\.... " ~ l " ,.' I ~~ , 16 C 3 ,tl Engineer's Certification of Disbursement Request I, Lloyd Horvath, P.E. , being the Professional Engineer retained by (name of Professional Engineer) Collier County, Florida . am responsible for overseeing construction of the (name of Project Sponsor) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3 Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Rule 62-604.600 (2)(b) or Rule 62-620.630(2)(a) for CWSRF or Florida Administrative Code Rule 62-555.540 (2)(b) or Rule 62-555.520(3) for DWSRF, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes. additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deietions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department. / ,--_.:;/'):;'- i /,/.ifrj.Y~"i. __.....M__..__...._ // , // ~ ;r~1 / /;''v1j;> ,i/h/2 _~-< \ ..."" It '/ t I Signature of Professional Engineer Water Resource Solutions ------.------- Firm or Affiliation 25260 (P.E. Number) NOTE: This certification is not required for PreconstruGtion Disbursement Requests or Allowance Requests for Construction Disbursements. Page 3 of 4 N:IPMSlAdminlForms & FileroomlWater Pollution Conlrol Disbursement Requesl Form Revised 05-25-07 16 C3 ~I , PROJECT NUMBER: WW597180 Douglas N. Higgins Reclaimed Water Aauifer Storace and Recoverv Monthly MBElWBE Utilization Report Collier Count SUBCONTRACTOR MBE REVISED MBE DIFFERENCE Period End: COMPLETED TO DATE May, 2007 PAID TO DATE CONTRACT AMOUNT CONTRACT AMOUNT .,- Total 0.00 0.00 MBE Subtotal SUBCONTRACTOR WBE REVISED WBe DIFFERENCE COMPLETED TO DATE PAID TO DATE CONTRACT AMT CONTRACT AMT .,. Florida Contractors Video Service 650.00 650.00 650.00 650.00 Kate's Enviro Fencing, Inc 1,344.00 4,764.00 3,420.00 4,764.00 4,764.00 Triple J Trucking 14,526.87 22,404.37 7,877.50 22,404.37 22,404.37 Bonness, Inc. 66,046.23 66,046.23 47,420.56 47,420.00 Overall MBEIWBE Participation % 2.15% NOTE: Please submit with construction disbursement requests for payment on all DWSRF projects and WI/IISRF using federal funding_ WAP projects do nol need to submit this form N:\PMSlAdmin\Forms Fileroom\Disbursement Request From Revised 10-10-2000 Page40f4 16 C 3 il " ~ " <1> "' 0 0 " """'''' "' " c 0 0 "'~~ "' ." ~ '" 0 0 " N"'O <D '" ~ " E 0 .0 .0 " Lrir-:....: '" ~ ...J N N " ON'" <D '" ~ LL 0 0 " "'"'''' "'. '" . 0: .0 .0 " "<t-NN ~ ~ . (f) " C 0: " '0 " <1> " E ~ " 1n " C I ~ '" '6' rn '" '" <1> ~ "'"'"' f- ." "''''''' """'''' N <1> Ol-t---c"f N > B ~"'''" '" "'"'''' '" <1> 2 " NN "" 0: '" " ""- 0 " rn " ;;; " B " " '" f- " '" " ~ " ." " <1> " 1n " <1> " 00 00>0000 '" ~ ." " '" '" 0- <1> " "' "' i" > N N B " C I '" '" <1> '" "' ~ 0: 0 E " '" z rn c c ~ :i2> 0 " E <( <1> ~ ~ "'"'0 "' f- " ::l "' N 0 '" " 0> ." ." """'''' '" " oir-:ui ri c .. <1> " '6 .c > ~"" "" "" " .~ co ","- '" " C " N " ~ er-- m <1> " e 00 .. 0: I B ~~ ::l C <1> .~ ~ c: ~ ~ ,,-00 .. 0 ." > E ;;; .. <( II:: ,., LL "" II:: MMOm "' 1n m 11 <'oNOIl) '" <1> /'-COV(") "' ~ '" oir-:<DN <6 0- <1> I i" ~ .....1'-1"-<0 '" " 0- (0 1'--, ..... r.o ~ " <1> <1> ri " ,5 0: " - E I " 0 " " C '" " " 0, " I ~ 0 " 0 Ii: " E " '" " <1> I I ~ " ,5 " ." "" " <1> E " '" ~ " '" Z " i" " u '" I .., i" 0- 0 C I W '" " 0 ." """""" .Q " <1> 2 .~ ef?Q '0 " ,5 " '" ~ "''''- ." " N'E 0 e~!:2 c " .. <1> <1> "''''''" <1> " 0: 0 000 1;; " 1n E '" " <1> ,., ;:: c ~ '" " " 0-0. " '" ~ I " <1>- " ~ 0 i" " " 0:0 " Z ." " " c c " Q; ~~fi?; <1> " " .Q " LL " " <1> " .. 0: 1;; <1> " " E 11 LL " LL ~ N (f) 0 bt;b8~i ""'" '" " rn " <1> ~ " ~ " " " l" " 0: C C rn 1n .... .. " " ~ " (f) <1> ~ <1> to~i?i?i .~ " f- " ~ > " E o.E ~ ::::'" " " "" " 0. f- ie ro <1> " " '" <1> ." g-." 0- N, (f) is ,5 " C C '" <1> " " " <1>0- <1>0- 0: c " " C ~ " Ew Ew '" " " 0 " 0 " " '" " <(0<(0 ...J " " '" Collier County - Reclaimed Water ASR WWTP WW597180 - ABA 102-200-10 - Request #4 Construction Services Douolas N. Hiaains Work in Place Less: SFWMD SRF Loan Less: RTD Amt This Request Total Total Construction: Work in Place Less: Ineligible SRF Loan Less: RTD Amt This Request Technical Services during Constr.: Water Resource Solutions Work in Place Less: Ineligible SRF Loan Less: RTD Amt This Request Total ABA Work in Place Less: Ineligible SRF Loan Less: RTD Amt This Request 3,786,372 875,847 2,910,525 2,557,329 353,196 3,786,372 875,847 2,910.525 2,557.329 353.196 251,359 5,539 245,820 16,657 229,163 Invoice # PE#10 Rand #11 R Inv. #6 - #12 o o o o o 16 C3 ~ Tot Allowable 353,196 353,196 229,163 Total Tech Services Total 0 Total Invoices Less: Ineligible SRF Loan Less: RTD Amt This Request Description Totals Total Invoices Less: SFWMD SRF Loan Less: RTD Less:Non-disb (LSF) Amt This Request Total This Request Total SRF Loan Page 1 of 2 Printed on: 8/17/2007 251,359 5,539 245,820 16,657 229,163 4,037,731 881,386 3.156,345 2,573,986 o o 582,359 5,025,000 229,163 Tot Allowable 582,359 ------------ ------------ Prepared by: Angie Brewer Associates, L.C RTD Amt This Request Balance to be Paid *** LSF is not reimbursed % of Loan Req to Date Page 2 of 2 Printed on: 8/17/2007 2,573,986 582,359 1,868,655 63% 16 C3 Prepared by: Angie Brewer Associates, LC. 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" " ID :ii ~ ~ ~ " > U Qj S Q) o m -gEu ~ ~ g ~ .~ ~ Q. .~ E f- <( E . . ~ . u i6 2 '0 . .~i c rn 2;'l on u . :OS c 6 o .. '0 .. $ 0 . M noi 'OID .0, B~ ~ ~ ~ u ~ < Oi . ~ " ~ :;; " ;;. n '0 ~ . ~ . Q: UI ~ UI ~ jj ~ . '0 o . . . ~ u , .. ORIGINAL DOCUMENTS CHECKLIST & ROUTINlI st...n 1 "t. ..',.' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT~"01J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed rou6ng slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the L;>lf- exception oflhe Chairman's signature, draw a line lhrough routing lines # I through #4, complete the checklist, and forward to Sue Filson (Iine#5)' Route to Addressee(s) Office Initials Date (List in routin!! order) 1. Robert Zachf! County Attorney's Office AT ~c- 4/27/06 5-I-tJ,6 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of lhe original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item.) Name of Primal)' Staff Amanda Townsend Phone Number 353-0404 Contact Agenda Date Item was 4/11106 Agenda Item Number 16D1 Approved by the BCC Type of Document Work Order CT-02-09 Number of Original One Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's AT Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the AT document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's AT si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip AT should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 4/1l/06 (enter date) and all changes AT made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a IicabJe. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D1 MEMORANDUM Date: May 1, 2006 To: Amanda Townsend Operations Coordinator Parks & Rec. Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Work Order #CT-02-09; BCC Agenda Item #16Dl Project: Repairs to the Tigertail Beach Boardwalk Enclosed please find one copy of the document, as referenced above (Agenda Item #16Dl), which was approved by the Board of County Commissioners on Tuesday, April 11, 2006. The Minutes & Records Department has an original document and a copy has been provided to the Finance Department. If you have any questions, please call me at 774-8406. Thank you. Enclosures (1) 1601 ...., '. WORK ORDER # CT - 02-09 "General Contractort s Services" RFP # 02 - 3349, Dated June I I 2002 This Work Order is it)f General Conlracting Servicest subject to tbe terms and conditions of the Contract refeR need above, for Work known as: PROJECT: Repairs 1)) Tigertail Boardwalk. This work is specmol in the proposal from The Chris-Tel Company ~d March I Th 2006 and is attached llereto. Scope : Provide supervision. labor and material to repair boardwalks 1.2,3.4. and 5 per drawing A-I provided by Collier County Parks and ~creation Department: 1. Change slo pes and intennediate platforms 2. Level and 1 eplace walkways 3. Replace 4x6 wood posts 4. Permits 5. Clean up site of construction debris 6. Add COlD.J)' ,site rail at 2 new ramps 7. Connectin~; boardwalk #5 together and repair grade of ramp using marine lumber. This proposal da1ed March 17,2006 from The Chris-Tel CompanYt which is attached hereto and made ~ of this Work Order in accordance with Terms and Conditions of the Agreement re ferenced above. Work order CT-02-'{)~ assigned to The Chris Tell Company. Schedule of Work: Complete within 90 calendar days from date of Notice to Proceed. Compensation: III ao~rdance with Item No.3 of the Agreement, the County will compensate the Firm in accordance with the lump sum amount provided in the schedule below. TOTAL FEE $57,848.00 Any change made subsequent to final department approval will be considered an additional service ani charged according to an executed Change Ordert as enumerated in Exhibit D of the Agr ;:ement. .VJ.'? 7 /o/p Date f REVIEWED BY: E0/2;0 39l;jd l31SIClHJ E090992;5E2; E0:P0 9002;/E0/P0 1601 AlTBST: .' DwightE. Brock, CIeri:" I ijy:~~.Qc. - ..-_ .tte$'. . ..~.- :;', ." 1..... . 'D~;~j~}.!l)()~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~ By: ~~ ~,/ Frank: Halas. Chabman THE CHRIS~TELL O)MPANY lly:- ~~ 1 18m Vec:O, V lee President AITEST: S~ (CorponIt.e Sectewy) By: 1yPe Name m I Tide (or) Witnesses (2) (1) .a.., !/~' . ~rGt ~af$./~ n (Print NlDDI ,) (2) ,L..vl ~ d- / SigMtuJe . S~,.... i- ~ (Prizrt Name) A Hnd Legal ~ Item# ~ RECEIVED [PR ~~5 2006 J J PARKS & RE::RfATION Agenda if,..' I_tV - Date ~ E0/E0 39\;1d l31SIClH:::> E09099l6El E0:P0 900l/E0/P0 16E3 MEMORANDUM Date: April 21, 2006 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Teresa Dillard, Deputy Clerk Minutes & Records Department Re: Contract No. 01-3276; "Records Management Services" Awardee: Vital Records Control of Florida, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16E3) approved by the Board of County Commissioners on Tuesday, April 11, 2006. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 732-2646 ext. 7240. Thank you. Enclosures (3) ITEM NO.: 16E3 ,ljl: 8/~'lEOi- Rr~,~EIVED: '., ...1 '!......''- ;- ....1L CUUNTY ArTORi~y ot?- //lc- tJ()'1.3~i;n~:, L"" h I 9 /\?i i i : 05 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 29, 2006 To: Office of the County Attorney Attention: Robert Zachary From: Linda Jackson Best, Contract specialis~~ Purchasing Department, Extension 8990 Support Services Division RE: Request to review insurance, Contract No. 01-3276, "Records Management Services" Awardee: Vital Records Control of Florida, Inc. BACKGROUND OF REQUEST: The BCC approved the Form of Consent on April 11, 2006, Agenda Item 16.E.3. The original firm under contract, Document Management Services, d/b/a Filestor, Inc. was purchased by Vital Records of Control of Florida, Inc. in 2002, however, Collier County was never advised of the change of assets. Finance caught the name discrepancy in February 2006, hence the reason for the Form of Consent. As a result, invoices have not been paid since that time. This item has not been previously submitted. ACTION REQUESTED: Please review the Form of Consent for legal sufficiency, and upon execution have the contracts routed to the BCC for signature. OTHER COMMENTS: c., C- /2.f\lC-- 'I - l..l) - 0 6 Thank you! 16E3 Robert and Colleen: I will be forwarding you the original Exhibit A-1 Form of Consent "Records Management Services" contract for your signature. I spoke to Linda Jackson Best and she explained that this contract is no longer in force and the vendor name changed two years ago to Vital Records Control of Florida, Inc. Finance caught this and will not pay the remaining bills until this is updated. The original certificate of liability insurance did not have Collier County listed as additional insured and we are not requiring it on the Vital Records Control of Florida, Inc. certificate. Risk approves the Form of Consent and will forward the originals to your attention. Please call Linda Jackson Best if you need further explanation. Sheree Mediavilla Risk Manager 774-8839 TO: ~~\f MEMORANDUM X\\~ Sheree Mediavilla f)~ Risk Management Departmen\) r. F~ ~ r- t (\6.1) C(.; . 16E3 FROM: Linda Jackson Best, Contract Specialist Purchasing Department ~ April 11, ,2006 ~ ~ (;~ /V~ .;;) ~ /J<J () DATE: Awardee: Vital Records Control of Florida, Inc. RE: Request to review insurance, Contract No. 01-3276, "Records Management Services" favl~~~ q. R4J/Q~ 7b Pa!:J 0 f.f 13, ils . The BCC approved the Form of Consent on April 11, 2006, Agenda Item 16,E,3. The original firm under contract, Document Management Services, d/b/a Filestor, Inc. was purchased by Vital Records of Control of Florida, Inc, in 2002, however, Collier County was never advised of the change of assets. j Finance caught the name discrepancy in February .2006, hence the reason for the Form of Consent. As a result, invoices have not been paid since that time. I requested a new insurance certificate indicating the correct name of the company. Please review the Insurance Certificate in this Agreement for the above-referenced Form of Consent. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990, Thank you. EXHIBIT A-I Form of Consent BID No. 01-3276 "Records Management Services" 'I This Form of Consent, dated ~ II ' 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Document Management Services, d/b/a Filestore, Inc.(to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). 16E3 Statement of Understanding Re: Agreement dated October 23,2001, BCC Agenda Item 16(A)(2), by and between Document Management Services, d/b/a Filestor, Inc. and Collier County referencing BID No. 01-3276, hereafter known as the "Agreement", to which Vital Records Control of Florida, Inc. has become a successor in interest by assignment and assumption from Document Management Services, d/b/a Filestore, Inc. ("Assignment") Collier County confirms and consents to the Assignment and release of Document Management Services, d/b/a Filestore, Inc. from liability from and after the effective date of the consent of the Assignment in return for Vital Records Control of Florida, Inc. assumption, as of December 13, 2002, of all rights and duties of Document Management Services, d/b/a Filestor, Inc. under the Agreement, IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below, ATTEST: CONTRACTOR ~ Corporate Secretary/Witness By: ~\' fYl\tp[\'l-P; r,Lp\, By: Dated: 3 )-;)., ) 0 to Title: ;(a II J!e/ )uj I G /1 3 /)~ 7 /0 b ; , Dated: ~;~~K. Dwight E. Brocl<, Ckrk ... Atttst ii' t.h. ~~ ~ :"fii",,'" ,j ,iqn:~tuf"t U>;:~ i." ,- (CORPORATE SEAL) /VIA OWNER: Approved as to form and L~~ R ert . :lac Assistant County Attorney BY: Frank Halas, Chairman .A90RQ.. PR~DUCER (901)761-3100 FAX Menard, Gates & Mathis, Inc. 6401 Poplar Suite 250 Memphis, TN 38119 INSURED CERTIFICATE OF LIABILITY INSURANCE (901) 763-4576 o E 03723/20 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. Vital Records Control, Inc. Attn: Gail Petty 868 Mt. Moriah Rd Memphis, TN 38117 INSURERS AFFORDING COVERAGE INSURER A: CNA INSURER B: INSURER C: INSURER D: INSURER E: NAIC# cnVI=R.lI.r.::E~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTvVlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~ ~~~'~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFEcnVE POLICY EXPIRA nON GENERAL LIABILITY I-- X A COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE [K] OCCUR N AR & SC #2088755021 03/01/2006 03/01/2007 EACH OCCURRENCE $ 1,000,00<l FL & MS #208784876 03/01/2006 03/01/2007 ~~~f.~~Jo RENTED $ 100, 000 MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000, Oo~ GENERAL AGGREGATE $ 2,000,00<l PRODUCTS - COMP/OP AGG $ 2,000,00<l l'N AR & SC #2088755066 03/01/2006 03/01/2007 COMBINED SINGLE LIMIT $ FL & MS #2087848526 03/01/2006 03/01/2007 (Ea accident) 1,000,00<l BODILY INJURY $ (Per person) LIMITS A - - GEN'L AGGREGATE LIMIT APPLIES PER: h POLICY n ~~8T n LOC AUTOMOBILE LIABILITY X ANY AUTO ~ I-- "x HIRED AUTOS X NON-OV\lNED AUTOS - ALL OV\INED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY q ANY AUTO EXCESSIUMBRELLALIABILITY ALL LOCATIONS #2088755164 03/01/2006 ~ OCCUR 0 CLAIMS MADE OTHER THAN AUTO ONLY: AUTO ONLY - EA ACCIDENT $ $ $ $ $ $ $ $ EA ACC AGG 03/01/2007 EACH OCCURRENCE 10,000,00< 10,000,00( A AGGREGATE h DEDUCTIBLE Ix1 RETENTION $ WORKERS COMPENSAnON AND EMPLOYERS' LIABILITY A ~~~lf~~~~1~Wt~m6~~:ECUTIVE ~~~Mts~~b~~~~~S below OTHER 10 , 00<l N AR & SC #2088755116 03/01/2006 FL&MS #2087848512 03/01/2006 03/01/2007 X U~STATU-, I IOJ~- E.L. EACH ACCIDENT $ 03/01/2007 E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 500,000 500, ooe 500,Oae ~~ESCRIPnON OF OPERA nONS I LOCA nONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ontract #013276 r:FR nl:O I I ATI""'I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NonCE TO THE CERTIFICATE HOLOER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NonCE SHALL IMPOSE NO OBLIGATION OR LIABILITY Collier County Government OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE se~ ACORD 25 (2001/08) S. Euaene Mathis, Jr/DP @ACORDCORPORATION 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. 16E3 ACORD 25 (2001/08) 16E4 ... . ' . MEMORANDUM Date: April 21, 2006 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract No. 04-3929; "Annual Contract for Architectural Services" with the following six (6) firms: Schenkel & Schultz, Inc., Victor J. Latavish, PA, BSSW Architects, Inc., CH2M Hill, Inc., Disney & Associates, P A and Harper Aiken Partners, Inc. Enclosed please find three (3) original documents from six firms, as referenced above, (Agenda Item #16E4) approved by the Board of County Commissioners on Tuesday, April 11, 2006. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3x6= 18) ITEM NO,: DATE RECEIVED: 16E4 '.....''/~iJ..;..;'( 'I- FILE NO.: uOUNTy'-UF ./f/t ATTOR},jE ROUTED TO:06_ PRe _ )006APR 19 I r 00 '"f- ~L PHI.. '8 -" I DO NOT WRITE ABOVE THIS LINE :.-s REQUEST FOR LEGAL SERVICES Date: April 11, 2006 To: Office of the County Attorney L1.~, Attention: Robert Zachary . y'~\' Linda Jackson Best, Contract Specialist Purchasing Department, Extension 8990 Support Services Division From: RE: Review of Contract 06-3929, "Annual Contract for Architectural Services" The Contract was approved by the BCC on April 11, 2006; Agenda Item ( 16 )(E )(4 ), to the following firms: Schenkel & Shultz, Inc Victor J. Latavish Architect, PA BSSW Architects, Inc. CH2M Hill, Inc. Disney & Associates, PA Harper Aiken Partners, Inc. BACKGROUND OF REQUEST: This is the new annual agreement that will replace contract 01-3235, which has reached its maturity, no further renewal periods exist This item has not been previously submitted. ACTION REQUESTED: Please review and sign for legal sufficiency, when completed, please have the contracts forwarded to the BCC for final execution c v~C:, "'t' ~ t) ,. 0 OTHER COMMENTS: Thank you! 16E4 TO: MEMORANDUM rJ~ ? ~(,\/Dlt Sheree Mediavilla D H/ Risk Management Department Linda Jackson Best, Contract Specialist ( J!J Purchasing Department """'0 ~ . FROM: DATE: April 11, 2006 RE: Review of Insurance for Contract 06-3929, "Annual Contract for Architectural Services" The Contract was approved by the BCC on April 11, 2006; Agenda Item ( 16 )(E )(4 ), to the following firms: ';'::~:1~"" '" /. ._, ....()L b;'6 t.t.:! BSSW Architects, Inc. ../ CH2M Hill, Inc. ./ Disney & Associates, PA ~ Vl..'..IUli......'.", ~oIdlrl.,n. (, \c1,,~ w~ Please review the Insurance Certificates for these Agreements for the above-referenced contract. If everything is acceptable, please forward them to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990. Thank you. (5 ~.aLL- ~ /IWJA ~.G~)J..'s ~ e..7"()' - 'A'-.-i- ,ot~O ~~ ()&LU~~ 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES Contract No. 06-3929, "Annual Contract for Architectural Services" BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA and SCHENKEL & SHULTZ, INC. Date: ~U /~ 2dJ/o ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TPA#1971265.5 16 E l~' FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS . - CONSULTANT'S RESPONSIBILITY ...........................................................................2 . - ADDITIONAL SERVICES OF CONSULTANT .............................................................7 . - OWNER'S RESPONSIBILITIES .................................................................................. 8 . -TIME. .................................... ...................................................................................... 10 . - COMPENSATION ......................................................................................................12 - OWNERSHIP OF DOCUMENTS................................................................................ 15 . - MAINTENANCE OF RECORDS .................................................................................16 . -INDEMNIFiCATION.................................................................................................... 17 . - INSURANCE ...............................................................................................................17 . - SERVICES BY CONSULTANT'S OWN STAFF ......................................................... 19 . - WAIVER OF CLAIMS.................................................................................................. 21 . - TERMINATION OR SUSPENSION ............................................................................21 . -TRUTH IN NEGOTIATION REPRESENTATIONS ..................................................... 25 . - CONFLICT OF INTEREST.......................................................................................... 26 . - MODIFICATION ..........................................................................................................26 . - NOTICES AND ADDRESS OF RECORD................................................................... 26 . - MiSCELLANEOUS...................................................................................................... 27 . - APPLICABLE LAW..................................................................................................... 29 . - SECURING AGREEMENT/PUBLIC ENTITY CRIMES.............................................. 29 . - DISPUTE RESOLUTION............................................................................................ 30 (FTPSA) Schedule A: Schedule B: Schedule C: Schedule D: 16E4 TABLE OF SCHEDULES Work Order Form Rate Schedule Insurance Coverage Truth in Negotiation Certificate II 16E4 Contract No. 06-3929 "Annual Contract for Architectural Services" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of 2006, 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 Schenkel & Shultz, Inc., authorized to do business in the State of Florida, whose business address is 2640 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Architectural services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Architectural services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. TPA#1971265.5 Fixed Tenn PSA B-1 16E4 NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Architectural services (hereinafter the "Services") as herein set forth, The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement sh~1I not exceed $500,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by TPA#1971265.5 Fixed Term PSA B-2 16E4 CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1,2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. TPA#1971265.5 Fixed Tenn PSA B-3 16E4 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 hereby designates Gary. F. Krueqer its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. TPA#1971265.5 Fixed Term PSA B-4 16E4 CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1 ,6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Architectural services that will be required under 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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 TPA#1971265.5 Fixed Term PSA B-5 16E4 judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas, 1,9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90), The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER Information layers shall have common naming conventions (i.e, right-of-way- ROW, centerlines - CL, edge-of-pavement - EOP, etc) , and adhere to industry standard CAD specifications. TPA#1971265.5 Fixed Term PSA B-6 16E4 ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized, Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to TPA#1971265.5 Fixed Tenn PSA B-7 16E4 seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager 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: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: TPA#1971265.5 Fixed Term PSA B-8 16E4 (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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. TPA#1971265.5 Fixed Term PSA B-9 16E4 ARTICLE 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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 the Schedule; provided, however, the granting of any such time TPA#l97l265.5 Fixed Term PSA B-1 0 16E4 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 claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4,6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. TPA#1971265.5 Fixed Term PSA B-11 16E4 ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period, The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5,2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection TPA#1971265.5 Fixed Tenn PSA B-12 16E4 with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112,061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2,1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2,5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. TPA#1971265.5 Fixed Term PSA B-13 16E4 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services, 5,4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order, CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. TPA#1971265.5 Fixed Tenn PSA B-14 16E4 ~.~ 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"), OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents TPA#1971265.5 Fixed Term PSA B-15 16E4 available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. 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 otten as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours, 7,2 The records specified above in paragraph 7,1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. TPA#1971265.5 Fixed Term PSA B-16 16E4 ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: TPA#1971265.5 Fixed Tenn PSA B-1? 16E4 9,3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9,3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida, 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. TPA#1971265.5 Fixed Term PSA B-18 16E4 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9,5.2 The insurance company must have a current A M. Best financial rating of "Class VI" or higher. ARTICLE 10 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 TPA#1971265.5 Fixed Tenn PSA B-19 16E4 claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors, By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. TPA#1971265.5 Fixed Term PSA B-20 16E4 1 0.4 CONSULTANT acknowledges and agrees that OWNER IS a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so TPA#1971265.5 Fixed Tenn PSA B-21 16E4 terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination TPA#1971265.5 Fixed Term PSA B-22 16E4 provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible, 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 TPA#1971265.5 Fixed Tenn PSA B-23 16E4 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, 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. TPA#1971265.5 Fixed Tenn PSA B-24 16E4 ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. TPA#1971265.5 Fixed Term PSA B-25 16E4 ARTICLE 14 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 15 MODI FICA TION 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 16 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, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 TPA#1971265.5 Fixed Term PSA B-26 16E4 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: Schenkel & Shultz, Inc. 2630 Golden Gate Parkway Naples, FL 34105 Fax: 239.434.2133 Attn: Gary F. Krueger, AlA, Principal 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 17 MISCELLANEOUS 17, 1 CONSULTANT, in representing OWNER, shall promote the best interests 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. TPA#1971265.5 Fixed Term PSA B-2? 16E4 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17,9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE TPA#197126S.S Fixed Term PSA B-28 16E4 ARTICLE 18 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was TPA#1971265.5 Fixed Term PSA B-29 16E4 increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list" ARTICLE 20 DISPUTE RESOLUTION 20,1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an TPA#1971265.5 Fixed Term PSA B-30 16E4 agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1971265.5 Fixed Tenn PSA B-31 16E4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the Annual Contract for Architectural Services the day and year first written above, ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwig~t~: ~~ock, Clerk , J .."/t' . By: ~~~,D.C. Date:, ,lq-crrd-OOlp attMt., ....to:,a..,.. ." 'tGftit,"~'.l.; Approved as to form and legals .. ~ BY:~~/ Frank Halas, Chairman Schenkel & Shultz, Inc. ~~ Witn s L.. Y F. Krueger, AlA, Principal Typed Name and Title i,,- ltem# l(p E L.{ ~da 4-ll-~ Date t.f. -1l ,. D' - Rec'd _10 ~ Deputy Cle TPA#1971265.5 Fixed Term PSA B-32 16E4 SCHEDULE A WORK ORDER FORM Agreement for "Annual Contract for Architectural Services" Dated: , 200 (RFP 06-3929) Work Order Number: This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Schenkel & Shultz, Inc. Signature of Authorized Company Officer Type or Print Name and Title Date TPA#1971265.5 Fixed Term PSA B-33 16E4 SCHEDULE B RATE SCHEDULE Contract 06-3929,"Annual Contract for Architectural Services" Professional Hourly Rate Principal $168.00/hr. Director $147.00/hr. Senior Project Managerl Technical Specialist/Engineer $135.00/hr. Senior Architect $130,OO/hr. Architect $102.00/hr. Specification Writer $ 99.00/hr. Field/Construction/Contract Admin, $ 95.00/hr. Senior CAD Operator $ 88.00/hr. Designer $ 80.00/hr. CAD Operator $ 75.00/hr Clerical $ 52,OO/hr. This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and Schenkel & Shultz, Inc. on a project by project basis as needed. TPA#1971265.5 Fixed Term PSA B-34 16E4 ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY) 3/28/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 885 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Wayne, IN 46801-0885 (P)260-432-3400 (F)260-432-2075 INSURERS AFFORDING COVERAGE INSURED Schenkel & Shultz, Inc., etal INSURER A: Federal Insurance Company 2640 Golden Gate Pkwy, Ste. 112 INSURER B: Cincinnati Insurance CO. INSURER c: Naples, FL 34105 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~fJl TYPE OF INSURANCE POLICY NUMBER b<1Y~Y EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY 3511-39-28 10/14/05 10/14/06 EACH OCCURRENCE $ 1000000 L ==rMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 1000000 - CLAIMS MADE ~ OCCUR MED EXP (Anv one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 1000000 I POLICY n )~8-j- nLOC A ~TOMOBILE LIABILITY 7783-95-99 1 0/1 4/05 10/14/06 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 L ANY AUTO ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - (Per accident) $ NON.OWNED AUTOS - X Comp 500 PROPERTY DAMAGE (Per accident) $ X Coli 500 ~RAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CCC4404601 10/14/05 10/14/06 EACH OCCURRENCE $ 7000000 8 OCCUR D CLAIMS MADE AGGREGATE $ 7000000 $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 7170-27-41 10/14/05 10/14/06 X I T~~r L~Ns I IOl~- EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $ 500000 E.l. DISEASE. EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is included as Additional Insured as respects Contract 06-3929 - "Annual Contract for Architectural Services." CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Collier County Government SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --2Q.... DAYS WRITTEN Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 3301 E. Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples, FL 84112 REPRESENTATIV-.s. I AUTfJ'fl l!i:iLIVE fl. n... I ACORD 25-S (7/97) 45-30 SCH41060 - 054897 (J @ACORD CORPORATION 1988 16E4 ACORDT.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YY) 3/28/06 PRODUCER 260-432-3400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acardia ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1721 Magnavox Way HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 885 Fort Wayne, IN 46801-0885 INSURERS AFFORDING COVERAGE INSURED Schenkel & Shultz, Inc. INSURER A: Zurich American Insurance Co. 111 East Wayne Street INSURER B: Suite 555 INSURER c: ,Fort Wayne IN 46802 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !I~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~ERAl LIABILITY EACH OCCURRENCE $ - ==rMERCIAl GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ - CLAIMS MADE D OCCUR MED EXP (Anv one ""rson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I POLICY n m?i' nlOC ~TOMOBllE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - All OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - - HIRED AUTOS BODilY INJURY (Per accident) $ NON.OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T1;~.; [~Ns I IO~~- EMPLOYERS' LIABILITY E.l. EACH ACCIDENT $ E.l. DISEASE. EA EMPLOYEE $ E.l. DISEASE. POLICY LIMIT $ A OTHER EOC9303224-04 3/22/06 3/22/07 Professional $2,000,000 Each Claim Liabilitv $5,000000 AGGreGate DESCRIPTION OF OPERA TIONS/lOCA TIONSIVEHIClES/EXClUSIONS ADDED BY ENDORSEMENT ISPECIAL PROVISIONS Re: Contract 06-3929. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION Collier County Government DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Purchasing Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL 3301 E. Tamiami Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Naples, FL 84112 REPRESENTATlViS. I AUTfJ'fJ n;;;;LIVE /1.. fl... I ACORD 25-S (7/97) 45-30 SCH41060 - 054910 (J @ ACORD CORPORATION 1988 16E4 SCHEDULE C 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer, (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16E4 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any Insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16E4 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16E4 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16EL, Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording, "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part, The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16E4 (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16E4 X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. 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 _ $5,000,000 each claim and in the aggregate C-7 16E4 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 16E4, documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. C-9 16E4 e, Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue, g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16E4 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Schenkel & Shultz, Inc. 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 the Annual Contract for Architectural Services are accurate, complete and current as of the time of contracting. Schenkel & Shultz, Inc. BY: TITLE: fO~UJc.tff!t... DATE: 3/;'1/o~ I I D-1 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES Contract No. 06-3929, "Annual Contract for Architectural Services" BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA and Victor J. Latavish, Architect, P.A. Date: ~ /1; 200{, 2006 9:00AM Michael J. Hall and Company (. ARCHITECTS (- & ENGINEERS II ^ r J f) n 1 No.0542 P. 3 16E4 Professional Insurance Program, Inc. A Risk PUrchase Group BINDER - - INSURED: ~ Victor J, Latavish, Architect P.A ADDRESS: - 4100 Corporate Square. Suite 100 Naples, FL 34104 CARRIER: LloYd's of London A. Non-Admitted Surplus Lines COmpany POLICY NO.: VI OOW A06PNPM COVERAGE: ArchitiXtslEngincers Professional Liability Insw'anec POLICY PERIODI April 18, 2006 to April 18. 2007 SUM INSURED: - Overall Limit: $1.000,000 per claim/aggregate DEDUCTIBLE: $5,000 each and every claim 1957810th Avenue NE · POUJsbo, WA 98370 · (360) 598-3700 . FAX (360) 598-3703 Apr. 5. 2006 9:00AM Michael J. Hall and Company . ( . I cn"~IIII"~ (_. ,A1all & Co / A & E Prof. Insurance Program / 19578 10th Avenue N.E.. Poulsbo WA 98370 Phone (360) 598-3700 Fax (360) 598-3703 No.0542 p. 1 16E4 April 5, 2006 Total Number of Pages: 4 Victor J latavish Architect PA Phone: (239)643-1655 Fax: (239) 643-619~ Re: Professional liability Insurance Binder Dear Mr, Latavish; Attached please 'find your binder and a copy of your paid invoice. I wifl be mailing out your policy as soon as we receive it. Feel free to call if you have any questions. Sincerely, ,.....-'.',\ d' ~"/-d."....==---" I....H.~~~..~ c-./..,. Julia Ardon l006 9:00AM Michael J. Hall and CompanY (" ARCHITECTS (- & ENGINEERS No,0542 p. 2 16E4 ProfessionaJ Insurance Program, Inc. A Risk Purchase Group AprilS,2006 Victor J Latavish Architect P A 4100 Corporate Square, Suite 100 Naples FL 34104 Rc: Professional LiabjJity Coverage Binder Dear Mr.. Latavish.: This letter is to confirm that coverage has heen placed with Lloyd's of London as per the enclosed binder.. Pleasc refer to the blnderfor a summary of coverage, limits and conditions of the policy. Should you require a certificate ofinSllrance, please log on to www.hallandcompany.com and enter the requircd infoimation.. The certificate wllJ be issued on the same day the certificate is requested. Privaey regulations now require your written authorization to make changes to your insurance policy. You may request a change by mail, emailing your request to us, or faxing in your request using your company lcltt.'Thcad, Please remember coverage can only be bound or changed by written request. Finally,just a reminder to let you know that our firm is equipped to handle all of your property and casualty coverage needs. In other words, you can deal with one broker for aJJ of your insurance needs. TfT can be of any service to you in this area, please don't hesitate to give me a caJJ at 800-597-2612.. Sincerely, A&E Professional Insurance Program ("- ...~ L<'J~;..... a7d~ --cr~- Julia Ardon 1957810th Avenue NE · Poulsbo, WA 98370 · (360) 598-3700 . FAX (360) 598-3703 2006 9:00AM Michael J. Hall and Company (. ARCIllTECTS (- & ENGINEERS II I'..r" J i"l n 1 No.0542 16E4 p. 3 Professlona} Insurance Program. Inc. A Risk Purchase Group INSURED; - BINDER - - ADDRESS: - Victor J, Latavish. Architect P-A 4100 Corporate Square, Suite 100 Naples, FL 34104 CARRIER: LloYd's of London A Non-Admitted Swplu!\ Lines Company POLICY NO.: Vl OOW A06PNPM COVERAGE: Architects/Engineers Profcssional Liability Insw-ancc POLley PERIODI April 18, 2006 to April 18, 2007 SUM INSURED: - Overall Limit: $1,000,000 per claim/aggregate DEDUCTIBLE: ~ $5,000 each and every claim 1957810lh Avenue NE · POUIsho. WA 98370 . (380) 598-3700 . FAX (360) 598-3700 ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TPA#I9712655 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS . - CONSULTANT'S RESPONSIBILITY ........................................................................... 2 . - ADDITIONAL SERVICES OF CONSULTANT ............................................................. 7 . - OWNER'S RESPONSIBILITIES .................................................................................. 8 . -TIME. .... ....... ... ...... ..... ... ........... ............... ..................... ... ......... ..... ........ ........ .... .... ...... 10 . - COMPENSATION........ .... ............ ................. ................... ...... ... ... ... .......... .... ....... ...... 12 - OWNERSHIP OF DOCUMENTS................................................................................15 . - MAINTENANCE OF RECORDS.................................................................................16 . - INDEMNIFiCATION.............. .... ... ............ .... .... ... .......... ............ ... ..... ...... ...... ...... ........ 17 . - INSURANCE. ... ................. .... ................ .......... ................ ......... ... .... ............. ... ..... ....... 17 . - SERVICES BY CONSULTANT'S OWN STAFF .........................................................19 . - WAIVER OF CLAIMS..................................................................................................21 . - TERMINATION OR SUSPENSION ............................................................................ 21 . -TRUTH IN NEGOTIATION REPRESENTATIONS ..................................................... 25 . - CONFLICT OF INTEREST..........................................................................................26 . - MODIFICATION.. .... .......... ................. ... ........... ...... ........... .... ... ... ....... ........ ..... ........ ....26 . - NOTICES AND ADDRESS OF RECORD................................................................... 26 . - MISCELLANEOUS ..... .......... ... .... ............ ... ........ .......... ..... .......... ..... .... ....... ....... ... ......27 . - APPLICABLE LAW..................................................................................................... 29 . - SECURING AGREEMENT/PUBLIC ENTITY CRIMES.............................................. 29 . - DISPUTE RESOLUTION............................................................................................ 30 (FTPSA) Schedule A: Schedule B: Schedule C: Schedule D: 16E4 TABLE OF SCHEDULES Work Order Form Rate Schedule Insurance Coverage Truth in Negotiation Certificate 11 16E4 Contract No. 06-3929 "Annual Contract for Architectural Services" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of 2006, 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 Victor J. latavish Architect, P.A. authorized to do business in the State of Florida, whose business address is 4100 Corporate Square, Suite 100, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Architectural services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Architectural services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. TPA#I971265.5 Fixed Term PSA B-1 16E4 NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Architectural services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by TPA#1971265.5 Fixed Tenn PSA B-2 16E4 ~j CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. TPA#I971265.5 Fixed Term PSA B-3 16E4 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 hereby designates Victor J. Latavish, AlA its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. TPA#1971265.5 Fixed Term PSA 8-4 16E4 'i' CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Architectural services that will be required under 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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 TPA#1971265.5 Fixed Tenn PSA 8-5 16E4 .., ~ judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established SUNey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - Cl, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. TPA# 1971265.5 Fixed Tenn PSA B-6 16E4 ....., "f . ...; ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to TPA#1971265.5 Fixed Term PSA 8-7 16E4 ~ .-~,: seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager 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: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: TPA#1971265.5 Fixed Tenn PSA B-8 16E4 ~;:;' (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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. TPA#197I265.5 Fixed Tenn PSA 8-9 16E4 ~: ARTICLE 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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 the Schedule; provided, however, the granting of any such time TPA#1971265.5 Fixed Term PSA B-1 0 16E4 .-- ii 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 claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. TPA#197 1265.5 Fixed Tenn PSA 8-11 16E4 ,~tt "1 ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection TPA#1971265.5 Fixed Tenn PSA 8-12 16E4 1I with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. TP A# I 97 1265.5 Fixed Tenn PSA 8-13 16E4 ~ ~ 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. TPA#I971265.5 Fixed Term PSA B-14 16E4 !it ,. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents TPA#I971265.5 Fixed Tenn PSA B-15 16E4 1-;' available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. 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, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. TPA#1971265.5 Fixed Term PSA B-16 16E4 '1/ "I ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: TPA#I971265.5 Fixed Term PSA B-1? 16E4 -y: 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. TPA#I971265.5 Fixed Tenn PSA 8-18 16 E 4~. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 SERVICES BY CONSUL T ANTIS 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 TPA#1971265.5 Fixed Tenn PSA 8-19 16E4 .", claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 1 0.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. TPA#1971265.5 Fixed Tenn PSA 8-20 16E4 '. *; 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so TPA#1971265.5 Fixed Tenn PSA 3-21 16E4 terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination TPA#1971265.5 Fixed Tenn PSA 8-22 16E4 provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 TPA#1971265.5 Fixed Tenn PSA 8-23 16E4 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. TPA#I971265.5 Fixed Tenn PSA 8-24 16E4 ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. TPA#I971265.5 Fixed Term PSA 8-25 16E4 ARTICLE 14 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 15 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 16 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, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 TPA#I9712655 Fixed Tenn PSA 8-26 16E4 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: Victor J. Latavish Architect, P.A. 4100 Corporate Square, Suite 100 Naples, FL 34104 Fax: 239-643-6192 Attn: Victor J. Latavish, AlA, Principal 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. TPA# I 971265.5 Fixed Tenn PSA B-27 16E4 .1" 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE TPA#1971265.5 Fixed Tenn PSA 8-28 16E4 ,~'j ARTICLE 18 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was TPA#1971265.5 Fixed Term PSA 8-29 16E4 ~') . 'al increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an TPA#1971265.5 Fixed Term PSA B-30 16E4 agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1971265.5 Fixed Tenn PSA B-31 16E4 t. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the Annual Contract for Architectural Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, f DwightE. iarp,ck, Clerk . (3y: "~ ~. Q.C. 'Date:,tf"d1r.dOG(;, .. Attest 'Kto- Qt&tnIIJI I 11..tn..Oftt.. Approved as to form and legal sufficienc : ~ ;~ Witness ~~ Witness TPA#1971265.5 Fixed Term PSA B-32 II" '11,1"1. II. "'IIII~ ~~ BY:~ ~~--' Frank Halas, Chairman Victor J. Latavish Architect, P.A. BY:~ Victor J.Latavish, President Typed Name and Title Item# lLo E ~ Agenda +-- \ \~ Date Date L\;""l \, Dlo Rec'd ~~ Deputy Cle 16E4 .f f SCHEDULE A WORK ORDER FORM Agreement for "Annual Contract for Architectural Services" Dated: , 200 (RFP 06-3929) Work Order Number: This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Victor J. Latavish Architect, P.A. Signature of Authorized Company Officer Date Type or Print Name and Title TP A# 1971265.5 Fixed Tenn PSA 8-33 16E4 SCHEDULE B RATE SCHEDULE Contract 06-3929,"Annual Contract for Architectural Services" Professional Hourly Rate Principal $16S.00/hr. Director $147.00/hr. Senior Project Manager/ Technical Specialist/Engineer $135.00/hr. Senior Architect $130.00/hr. Architect $102.00/hr. Specification Writer $ 99.00/hr. Field/Construction/Contract Admin. $ 95.00/hr. Senior CAD Operator $ SS.OO/hr. Designer $ SO.OO/hr. CAD Operator $ 75.00/hr Clerical $ 52.00/hr. This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and Victor J. Latavish Architect, P.A. on a project by project basis as needed. TPA#19712655 Fixed Tenn PSA 8-34 CERTIFICATE OF INSURANCE 16E4 STATE FARM A o STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois o STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY, Scarborough. Ontario [8J STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida o STATE FARM LLOYDS, Dallas, Texas owing policyholder for the coverages indicated below: Name of policyholder VICTOR J LATAVISH ARCHITECT PA Thi rtifies that f N SURA NeE , in Address of policyholder Location of operations Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. 4100 CORPORATE SQ STE 100 NAPLES, FL 34104-4703 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) 98-J9-5302-5B Comprehensive 12/12/06 12/12/07 BODILY INJURY AND Business Liability PROPERTY DAMAGE ----------------------------- -c~f Prodtlcts' ~ Cc)mpleted Operatio'ris' - u" " u U, h - h -, - - - - -- This insurance includes: o Contractual Liability o Underground Hazard Coverage Each Occurrence $1,000,000 [8J Personal Injury o Advertising Injury General Aggregate $2,000,000 o Explosion Hazard Coverage [8J Collapse Hazard Coverage Products - Completed $2,000,000 0 Operations Aggregate 0 POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : Expiration Date (Combined Single Limit) o Umbrella , Each Occurrence $ , , o Other , Aggregate $ , , , Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) 742-7727-E16-59G AUTO LIABILITY 11/16/05 , 05/16/06 1,000,000 , , , THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. ADDITIONAL INSURED If any of the described policies are canceled before BOARD OF COUNTY COMMISSIONERS its expiration date, State Farm will try to mail a written COLLIER COUNTY FLORIDA notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be Name and Address of Certificate Holder imposed on State Farm or its agents or re resentatives. //J 06-3929 ANNUAL CONTRACT FOR ARCHITECTURAL SERVICES ~_~ 558..994 a.3 04-1999 Printed in U.S.A. Title I A9rt'S;r3stamp ;;</ '? S- 03/31/06 Date 04/18/2006 07:38 FAX 238 643 6182 Victor J. Latavish, AlA 16 Etf003 ~, I ACORD", CERTIFICATE OF LIABILITY INSURANCE JO~I DA7'E TJODC 04-19-2006 PRODU(JER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION AELC DBAAIA TRUST BOS IN GRP-PHS ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CE.RTlFICATE DOES NOT AM!;ND, EXTEND OR 490862 P:(866)467-8730 F:(877)538-BS26 AL.TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 29611 INSURERS Af:FOROING COVERAGE CHARLOTTE NC 28229 /N~URJfif) INSUFlEII A, Hartford Underwriters Ins CO INSURER e, VICTOR J LATAVISH ARCHITECT PA INSURER C: 4100 CORPORATE SQ. STE 100 INSURER r;>, NAPLES FL 34104 ! INSURER E: COVERAGf;S II-I!!. ...uLILI~.. '-"""L I U '" MloU A",",vl:. ~,-,n '_1"1" ",u~Il,.:Y t"I!.KIUU INUILAl IiU. ,,~, ~~ n~, AI.", ''''''' ANY RIOQUIRSMENT. TEAM OR CONDITION OF ANY CONTi=lACT OR OTHEA DOCUM!:;NT WITH RESPECT TO WHICH THIS CER'J'IFICATI; MAY ElE ISSUE.D OR MAY PERTAIN, THE INSU~ANCE AFFORDED BY n-/~ POI.Il;:IES DESCAIBED I-l~R!;IN IS SUBJECT TO ALL fH.e TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGt.:REGATE LIMITS SHOWN MAY HAVE BEEN REDUCW BY PAID CLAIMS. I~:: Ty!>S OF INBIJRA Net; J>OlIC'" MJMBEJ/ 1'01ICl' EF~r::TIVE J"fWf,,'" (,)(PH/4'1'ION IlJ\frrs ~ERAL LlABllffY EACloI OCCURRSNCE 1 nMF."CIAL GENERAL LIABILITY FIRS OAM...GE (Anyon. Ii..) . f-- CLAIMS MAOE D OCCUFI Mm EXP' IAny one p.rsan) ~ PER9Q11lAL.& AD\' IN..JURY 9 - ClENERAL A()(lREOAYE 9 n'L AGOREn UMIY ""Pn PER' ! PRODUCTS - COMfl'IOP' AGO 9 POLICY .~~~; LOe ~0AfQ811L LlAlJllrry COMB/NEo SINGLE UMIT 1 ANV AUTO rEa :Il:cldllnr) - - ALL OWNED ""UToa BOOILv INJURY IP",r poMS(;InJ . - !lCHEDUl.eD AUTOS - HI FlEO ...UTO S IlICOILY INJURY 8 NOtu-cWNED AUVDE IP.r AQold18m) f-- PROPERTY DAMA<lE $ (P'.r 8aQh;em} ~MGE LlABfLrry AI.,ITI;) ONLY - EA ACCIDENT $ ^NY AUTO OYHEFI THAN EA"'CC $ AuTO ONLY: AGG $ EXC([SJ tlA/J/L1T'r E...CH OCCURRENCE ~ 5 OCCUR 0 CLAIMS MADE AGGkIlCl"TE , . ~ DECI.,ICTlOLE 8 HETENTiON . . waRKER~ COMfJENSA TlON AND I we STATU-. I X 10!~. A EMI'UJYEflS'lfA8fLrry 84 WEe JK0704 08/01/05 08/01/06 .1.000.000 E,L. E....c:H ACCIDENT E_L. 01 sEASe - E.A EMPl.OV'EE 91,000,000 E,L. DISEASE - POLICY LIMIT .1 000 000 O'1'HER OESCRf"nON OF OPERA nONS//. OCA 'r1O_HfCILSlEXCLII:>ICJNS ADDED 8 r ENDORSGMENT/!JI'E"'AlI"IIO VfIilKJNS Those usual to the Insured's Operations. Contract # 06-3929, "1l.nnual Contract for Architectural Services" CEnTIFICATE HOLDER A IllJDlnONAL IN!lI)/fEO. JNStNlER LETTER.. CAN CELLA TI ON - SHOULD ANY OF HIE ABOVE DESC.llIB~O POLICIES B~ CANCELLED BJ;I:ORE THE EXPIRATION DATE Tl-HiiReOF, THE ISSUING INSUA!;R WILL ENDEAVOA ro MAIL collier County Board of 30 DAYS WAIn-EN NOTICE (10 DAYS FOR NON-PAYMENT) 10 THE CERTIFICATE County Commissioners HOLDER NAMEO rO THE LEFT. ElUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATiON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS o~ 3301 E. Tamiami Trail REPRESENTATIVES. Naples, FL 34112 ~~~~llTI':.. - ACORD 25-S (7/ef) l'; ACORD CORPORATION 198e CERTIFICATE OF INSURANCE 16E4 o o o ~ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida o STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder VICTOR J LATAVISH ARCHITECT PA Address of policyholder 4100 CORPORATE SQ STE 100 NAPLES FL 34104-4703 Location of operations SAME Description of operations ARCHITECT The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. T .SXATE.~ RMt t IS C es a .. INSURANCE @ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario nATI .AIt. Darrell Campbell ~ Agent POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) Comprehensive : BODILY INJURY AND 98-J9-5302-5B Business Liability 12/12/06 , 12/12/07 PROPERTY DAMAGE ----------------------------- -~-fir()ducts-:(5ornj)lE;te(j()i>eratio-ns------------..-------------- This insurance includes: ~ Contractual Liability o Underground Hazard Coverage Each Occurrence $1,000,000 o Personal Injury o Advertising Injury General Aggregate $ 2, 000, 000 o Explosion Hazard Coverage o Collapse Hazard Coverage Products - Completed $ 2, 000, 000 0 Operations Aggregate 0 POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : Expiration Date (Combined Single Limit) o Umbrella , Each Occurrence $ , , o Other , Aggregate $ , , , Part 1 STATUTORY , Part 2 BODILY INJURY , , , Each Accident $ , Disease Each Employee $ , . Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) 742 7727 E16 59 AUTO LIABILITY 11/16/05 , 05/16/06 1,000,000 , , , , , . , , THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. ADDITIONAL INSURED If any of the described policies are canceled before BOARD OF COUNTY COMMISSIONERS its expiration date, State Farm will try to mail a written COLLIER COUNTY FLORIDA notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or repre natives. Name and Address of Certificate Holder 06-3929 ANNUAL CONTRACT FOR ARCHITECTURAL SERVICES BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA 04/05/06 Date 558-994 a.3 04-1999 Printed in U.SA Title 1-;;;;;- F593 16E4 ..'i ACORD", CERTIFICATE OF LIABILITY INSURANCE EE~I DATE UODC 04 04-2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AELC DBAAIA TRUST BUS IN GRP-PHS ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 490862 P:(866)467-8730 F:(877)538-8526 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 29611 INSURERS AFFORDING COVERAGE CHARLOTTE NC 28229 INSURED INSURER A: Hartford Underwriters Ins CO INSURER B: VICTOR J LATAVISH ARCHITECT PA INSURER c: 4100 CORPORATE SQ. STE 100 INSURER D: NAPLES FL 34104 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "/l: T'IPE Of INSURANCE POUC'I MfMBER POLICY EFFtCTNE POUCY EXPIRATION LfMfTS GENERAL lIABllfTY EACH OCCURRENCE $ - - COMMERCIAL GENERAL LIABILITY FIRE DAMAGE IAnv ono firo, $ I-- ~ CLAIMS MADE D OCCUR MED EXP (Any one porson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ n'L AGGREfl L1M~: APn PER: PRODUCTS - COMP/OP AGG $ POLICY ~FT LOC AlffOMOBlLE LIABlLfTY COMBINED SINGLE LIMIT - $ IWY AUTO lEa accident) - All OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per p<<son) - - HIREO AUTOS BODILY INJURY (Per accident) $ - NON-OWNED AUTOS PROPERTY DAMAGE $ (Por accidont' RRAGE UABILfTY AU TO ONLY - EA ACCIDENT $ IWY AUTO OTHER THIW EA ACC $ AUTO ONLY: AGG $ EXCESS UABllffY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ q DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSA TfON AND X I WC STATU- I IOJ~- A EMPLOYERS'lfABllfT'I 84 WEC JK0704 08/01/05 08/01/06 $100,000 E.L. EACH ACCIDENT E.l. DISEASE - EA EMPlOYEE $100,000 E.L. DISEASE. POLICY LIMIT $500,000 OTHER DESCRIPTfON OF OPERA TIONS/LOCA TIONSlVEHlCLESlEXCl US/OMS ADDED B 'I ENDORSEMENT/SPEGAl PROVISIONS Those usual to the Insured's Operations. Contractt #06-3929 Contract Name "Annual Contract for architectual services". The Board Of County Commissioners of Collier County are named additional insured. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSfIfIER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL The Board Of County Commissioners of 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON.PAYMENT! TO THE CERTIFICATE Collier County HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 3301 Tamiami Trl. E. REPRESENT A TIVES. Naples, FL 34112 ~~NTATfVE '\....t.." -~ --- - ACORD 25-S (7/97) ~ ACORD CORPORATION 1988 Client#: 20310 VICTOJL ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 03/31/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PRODUCER Brown & Brown, Inc. . Naples 999 Vanderbilt Beach Road,#507 Naples, FL 34108.3507 239262-5143 Victor J. Latavish, AlA Architect 4100 Corporate Sq., Suite 100 Naples, FL 34104 INSURERS AFFORDING COVERAGE INSURER A: Continental Casualty INSURER B: INSURER C: INSURER D: INSURER E: NAIC# INSURED 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. I~l: ~~~~ TYPE OF INSURANCE POLICY NUMBER PJ>.k,l~~~~iJ8~IE Pg~fl'~~/~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ r-- DAMAGE TO RENTED 3MERCIAL GENERAL LIABILITY $ I-- CLAIMS MADE D OCCUR MED EXP (Anyone person) $ t-- PERSONAL & ADV INJURY $ I-- GENERAL AGGREGATE $ - GEN'LAGGREAE LIMIT APAS PER: PRODUCTS - COM PlOP AGG $ I PRO- POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - ALL OWN EO AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODIL Y INJURY - (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ W OCCUR D CLAIMS MADE AGGREGATE $ $ q DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~2P,~~~~ I IOJbl- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Professional SFA113997637 04/18/05 04/18/06 1,000,000 Liability DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT (SPECIAL PROVISIONS Architectural Firm 06-3929 Annual Contract for Architectural Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1.0-. DAYS WRITTEN Commissioners of Collier County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. A~,RIZED REPRESENTATIVE """'y (/. 8lR.~ ACORD 25 (2001/08) 1 of 2 #S74118fM65513 NCW @ 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 25-5 (2001/08) 2 of 2 #S74118/M65513 16E4 SCHEDULE C 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16E4 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16E4 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16E4 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16E4 Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300 I 000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16E4 (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16E4 X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. 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 _ $5,000,000 each claim and in the aggregate C-7 16E4 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 16E4 .~ documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. C-9 16E4 e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16E4 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Victor J. latavish Architect, P.A. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the Annual Contract for Architectural Services are accurate, complete and current as of the time of contracting. Victor J. latavish Architect, P.A. BY: ~~ TITLE: ,Jt",J'/)~N" 'J. ~,. -'- DATE: 0-1 ..........--.,..1f 11I17 r I 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES Contract No. 06-3929, "Annual Contract for Architectural Services" BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA and BSSW Architects, Inc. Date: ~ /1, ZOO~ ( ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 'ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TPA#1971265.5 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS . - CONSULTANT'S RESPONSIBILITY ......................................................................... 2 . -ADDITIONAL SERVICES OF CONSULTANT.. .......................... ..................7 . - OWNER'S RESPONSIBILITIES ................................................................................. 8 . -TIME ................. ... ... ..... ...... ... ... .......... ... ... .... ................. .... ............ ... ... ... ..... ...... .......... 10 . - COMPENSATION ...................................................................................................... 12 - OWNERSHIP OF DOCUMENTS................................................................................ 15 . - MAINTENANCE OF RECORDS ................................................................................. 16 . - INDEMNIFiCATION..... ............ ....... ...... ....... ....... ....... ...... ... ................................ ........ 17 . -INSURANCE ...............................................................................................................17 . - SERVICES BY CONSULTANT'S OWN STAFF .........................................................19 . - WAIVER OF CLAIMS..................................................................................................21 . - TERMINATION OR SUSPENSION ..........................................................:.................21 . -TRUTH IN NEGOTIATION REPRESENTATIONS ..................................................... 25 . - CONFLICT OF INTEREST.......................................................................................... 26 . - MODIFICATION .................................................. .......................................................26 . - NOTICES AND ADDRESS OF RECORD................................................................... 26 . - MISCELLANEOUS .............. ... ....... .......... ......... ........... .......... ...... ... ...... ... ....................27 . - APPLICABLE LAW. ...... ............ ... ................... ............. ... .... ..................... ...... ...... ...... 29 . - SECURING AGREEMENT/PUBLIC ENTITY CRIMES.............................................. 29 . - DISPUTE RESOLUTION............................................................................................30 (FTPSA) Schedule A: Schedule B: Schedule C: Schedule D: TABLE OF SCHEDULES Work Order Form Rate Schedule Insurance Coverage Truth in Negotiation Certificate ii 16E4 16E4 Contract No. 06-3929 "Annual Contract for Architectural Services" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of 2006, 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 BSSW Architects, Inc., authorized to do business in the State of Florida, whose business address is 949 Central Avenue, Naples, Florida 34102 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Architectural services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Architectural services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. TPA#I9712655 Fixed Term PSA B-1 16E4 .~- NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Architectural services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by TPA#I9712655 Fixed Term PSA B-2 16E4 CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. TPA#1971265.5 Fixed Term PSA B-3 '~.,"'..O'~"_'"~~"',"," .~.....u.. l T'" .......~~,..,___,.,"""_,_"..""_.~""_"'___"'."..,.._ .~""'... U'" .r 16E4 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 hereby designates Daniel A. Summers, AlA its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. TPA#1971265.5 Fixed Tenn PSA 8-4 16E4 ., .iIi."...' ':~ CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the SeNices pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Architectural seNices that will be required under this Agreement. The CONSULTANT agrees that all seNices 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the SeNices 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 TPA# 1971265.5 Fixed Tenn PSA 8-5 16E4, judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order, 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - Cl, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. TPA#19712655 Fixed Term PSA 8-6 16E4 ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shal! furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to TPA#1971265.5 Fixed Term PSA B-7 16E4 seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager 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: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: TPA#1971265.5 Fixed Term PSA 8-8 16E4 (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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. TPA#19712655 Fixed Term PSA B-9 16E4 ~, ARTICLE 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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 the Schedule; provided, however, the granting of any such time TPA#19712655 Fixed Term PSA B-1 0 16E4 '.... 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 claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. TPA# 1971265.5 Fixed Term PSA 8-11 16E4 ,,. II ARTICLE 5 COMPENSA TION 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection TPA# 1971265.5 Fixed Term PSA 8-12 16E4 l~ with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. TPA#19712655 Fixed Term PSA 8-13 16E4 If :t! 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. TPA#19712655 Fixed Term PSA 8-14 1 6 E 4" .. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents TP A#] 9712655 Fixed Term PSA 8-15 1'6E4 . . .~ available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. 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, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. TPA#19712655 Fixed Term PSA 8-16 .16E4 .~ .~ ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: TPA#19712655 Fixed Term PSA B-17 16E4 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be pnmary to any insurance or self-insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. TPA#19712655 Fixed Term PSA 8-18 16E4 .1 .fI;! 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the Insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 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 TPA# I 9712655 Fixed Tenn PSA 8-19 16E4 '" claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 1 0.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. TPA#19712655 Fixed Tenn PSA 8-20 16E4 .~. ::~;. , 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship betvveen OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so TPA#19712655 Fixed Term PSA 8-21 16E4 .~~ terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination TPA#19712655 Fixed Term PSA 8-22 16E4 >" ~ provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 TPA#19712655 Fixed Term PSA 8-23 16E4 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. TPA#19712655 Fixed Term PSA 8-24 16E4 ARTICLE 13 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 or any subsequent Work Order. 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 0, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. TPA#19712655 Fixed Term PSA 8-25 ----"._"''''-,,,,,.--'",,.,-_.. ''''.""'''''~'''''''-''''''"'''''''-''''"'"''--------'-''""'_,"",,,,--~,,.-.'- 16E4 ARTICLE 14 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 15 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 16 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, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 TPA#1971265.5 Fixed Term PSA 8-26 16E4 ".. 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: BSSW Architects, Inc. 949 Central Avenue Naples, FL 34102 Fax: 239-643-7435 Attn: Daniel A. Summers, AlA, Principal 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. TPA#19712655 Fixed Term PSA B-27 16E4 ." 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule 0 TRUTH IN NEGOTIATION CERTIFICATE TPA#1971265.5 Fixed Term PSA 8-28 16E4 ARTICLE 18 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was TPA#1971265.5 Fixed Term PSA 8-29 16E4 .., .... ~\. increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an TPA#19712655 Fixed TcnTI PSA B-30 16E4 agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#197J2655 Fixed Term PSA 8-31 16E4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the Annual Contract for Architectural Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Oferk "", Il."i',,~,: ,; , B (.L.U.L.t'" -, ~:~e:' '1~o~ri(, . 1\'" ','.' ,', Atwst .,to,Qt.,.,.... . storiat... .000J- . Approved as to form and legal s ": ~ By: ~>..~~,/ Frank Halas, Chairman Wit~~{r)t{+U-- BSSW Architects, Inc. ~:~ , .~ I ,kJH . WUWl' Witness ' nANTFI A. SIIMMERS, AlA, VP Typed Name and Title Item # U2...d ~~~;da q-L \ -b~ ~:~~d Lk 11-C (p TPA#1971265.5 Fixed Term PSA B-32 16E4 .~ SCHEDULE A WORK ORDER FORM Agreement for "Annual Contract for Architectural Services" Dated: , 200 (RFP 06-3929) Work Order Number: This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: BSSW Architects, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title TPA#1971265.5 Fixed Tenn PSA 8-33 16E4 11 .~ SCHEDULE B RATE SCHEDULE Contract 06-3929," Annual Contract for Architectural Services" Professional Hourlv Rate Principal $16S.00/hr. Director $147.00/hr. Senior Project Manager/ Technical Specialist/Engineer $135.00/hr. Senior Architect $130.00/hr. Architect $102.00/hr. Specification Writer $ 99.00/hr. Field/Construction/Contract Admin. $ 95.00/hr. Senior CAD Operator $ SS.OO/hr. Designer $ SO.OO/hr. CAD Operator $ 75.00/hr Clerical $ 52.00/hr. This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and BSSW Architects, Inc. on a project by project basis as needed. TPA#19712655 Fixed Term PSA 8-34 ili ACORD", ...... ..-.., ...... of2 '4 PRODUCER AON RISK SERVICES, INC. OF FLORIDA 1001 BRICKELL BAY DRIVE, SUITE #1100 MIAMI, FL 331314937 800-743-8130 Serial # A30299 TE D NY) 04/06/200 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, COMPANIES AFFORDING COVERAGE IF 'l\' ''''f COMPilNY A AMERICAN HOME ASSURANCE COMPANY INSURED ADP TOTALSOURCE, INC. 10200 SUNSET DRIVE MIAMI, FL 33173 ALTERNATE EMPLOYER: BSSW ARCHITECTS INC. COMPilNY B COMPilNY C INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO IM-lICH 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS lTR TYPE OF INSURANCE POLICY NUMBER OATE (MMIDDIYY) DATE (MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL L1ABILrTY PRODUCTS - COMP/OP AGG CLAIMS MADE D OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE [Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS Iper accidentl PROPER1Y DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER Tl-IAN UMBRELLA FORM $ WORKER'S COMPENSATION AND we 5193018 07/01/2005 0710 112006 A EMPLOYERS' LIABILITY EL EACH ACCIDENT 1,000,000 THE PROPRIETORI INCL EL DISEASE - POLICY LIMIT 1,000,000 PARTNERSlEXECUTIV'E OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE 1,000,000 OTHER DESCRIPTION OF OPERATIONSiLOCATIONSNEHIClESISPEClAl ITEMS ALL EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADPrrOTALSOURCE, INC.'S PAYROLL, WILL BE COVERED UNDER THE ABOVE STATED POLICY. "THE ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLICY. RE: CONTRACT 06-3929 - ANNUAL CONTRACT FOR ARCHITECTURAL SERVICES. FL COLLIER COUNTY GOVERNMENT ATTN: DIANA DELCON ADMINISTRATIVE SERVICES DIVISION PURCHASING DEPARTMENT 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAil ~ 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 AON RISK SERVICES INC. OF FLORIDA Client#: 2047 BSSWARC3 "f '~ ACORDTM CERTIFICATE OF LIABILITY INSURANCE o (MMI D/YV) 03/30/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813289-5200 INSURERS AFFORDING COVERAGE BSSW Architects, Inc. 1500 Jackson Street Fort Myers, FL 33901 INSURER A: New Hampshire Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: INSURED 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. I~~: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ r-- COMM ERCIAL GENERAL LIAS ILlTY FIRE DAMAGE (Anyone fire) $ r-- =:J CLAIMS MADE D OCCUR r-- MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ r-- GENERAL AGGREGATE $ r-- GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMP/OP AGG $ n POLICY n P,bW;: n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT r-- $ ANY AUTO (Ea accident) r-- ALL OWNED AUTOS BODILY INJURY r-- $ SCHEDULED AUTOS (Per person) r-- r-- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) r-- r-- PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ D OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND IT~~~I~JI~s I IOJ~- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPL OYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER 234434802 04/01/06 04/01/07 $1,000,000 Each Claim Professional $2,000,000 Ann Aggr Liability DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. RE: RFP#06-3929 Annual Contract for Architectural Services CERTIFICATE HOLDER I I ADDITIONAL INSURED 'INSURER LETTER: CANCELLATION SH OULD ANYOf TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION Collier County Government, DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3.0..--DAYSWRITTEN Purchasing Department NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAlLURE TODOSOSHALL 3301 Tamiami Trail East IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITSAGENTS OR Naples, FL 34112 REPRESENTATIVES. ~ED REPR~TIVE I ."". oJ.., .a. ~ ACORD 25-5 (7/97)1 of 2 #M120633 MDL @ 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. ACORD25-S(7197)2 of 2 #M120633 04/11/2006 07:40 FAX 6437435 04/11/2006 TUE 8:36 FAX 239 261 7574 Oswald Trippe ~002 ~ 001/001 A CORD_ CERTIFICATE OF LIABILITY INSURANCE OPID !lSSWA l'H1S CERTIFICATE IS ISSueD AS A MATTER OF INFORMATION ON1.Y AND CONFERS NO RIGl-lTS UPON THE CJ::RTlFICATI; HOLDER.. THIS CERTIFICATE DOl:!S NOT AMEND, EXTEND OR ALTER THe COVERAGE ArFORDED BY THE POliCIES BELOW. 4~ PAOOUOER Oswald. Trippe a.nd. Company, :tne 4089 T~~ ~=ai1 North A203 Napl$$ n :34103 Phon~;239-261-0428 Fa~:239-261-7574 INSURED~~ SS$W Archii:eet.$ Ino. lS00 Jackson Street, su~~ 200 FOrt Myers EL 33901 COVERAGES INSURERS AFFORDING COVIiRAGE INSURgR A;. ~e Hartf"ord. It!surancEI Co. INl!.UFlIiiRB: INSURER C~ INSURER D: IioISURER E: tMIC# 2~3S7 'rHE "OLICI~ OF INSUAANCEi ~Ia'reo BELOw HAW Bl:EN ISSUliD TO THe INSUFlEC NAM6C AIIOIIE FOR 'l'HE POUCY Pl<RIOO INDICA.'tfO. NOT\IVITHr;TAHt)INCl ANY Rl;QurREMENT, TERM O~ COlI/DTrlON OF ANY CONTRACT OR OTJolEFl DOCUMDIT WITH RESPECT '1'0 WHICH THIS Cl!iFl.TIFICATr;. MAY ar; IUUIOC OR MAY PERTAIN. THI! INSlJIIAtoICli AFFORDeD BY THe POUCtl!a OIOJ!l~lllliD J.liREIN 1$ SUBJECT TO A~~ '!'He 'rtiRMs, ex(:l,.UelIQNS IINC CONDITIONS OF SUCH POLICIE$. AGGI\EGATE 1.1MIYS SHoIMII MAY HAIII'i ~&IiN REtllJCEO BY PAID CJ.AIMS. ,. '~\E IMMlCW I f]kt'1!~tfJ,h~~" ' ,.. .....- I.TR NSR~ lYJ>E.OF I~URANCE pcucy NUMBER UMITS ~1>U;rw. UABlLITY' EACH OCCURRENCE :$' 1,000,000. A :It ~ er.lF.RCIAL GENERAL LlAaILITY 21S!lAGQ3449 02/01/06 02/01/07 ;;:~;Ses ill _"""cnca) 5300,000 Cl.AlMS MADe ~ OCCUR "..-.'- r--' , .. I MEtl1Jll\P {My ,,~~ pc",..,) $19~~_OOO 1L ~~ NonQW1led au Pl!;RSONAl & AOv INJURY $1,000 000 ~''''''':'~ - ""- GENERALAGGA~G~TE. S2,OOO,000 ~~ AGGREGATe LIMI'I' .APPLIIiS PER: PRoOUcrS-COM~OP^GG $ 2.,000,,,000 , POLICY n Jr8r r-l Loe AUTOMOBIl.li UABlUTY C:OMIlIN~O l;iINGt.51.IMlT S 1,000,000 B: A ANY AUTO :2 ~SSAGQ3449 02/01/06 02/0:r./07 ([;:" "ood'Jnll .. .,...~---.. '.- , ALL O\MolF.D AU'TOs DODI1.Y INJURY II 1--; SCH\i10UlfDAUrOS [f'er ~l!l"'onl ...- ~ HlI\lil) AUTOS eool~ Y INJuRy X NON-OVwNrJ:D AUTOS I Per B/XlIdenl) S I- _. .. ... I-- -"- l"ROPERT1' DAMAGE ; (pmr ""-.ml RMGE LIAIIILl7Y AlITO ONLY - fA ACCIC!!HT $ , ANY AU'tQ ,.- Qil410R 'THAN llA ACe ~ I AUTO ONLY: ,..... AGG S EXCIOSSJU MBRELLA UA.ElILlT'l' lEACH OCCUMI!NCl! 11$1,000,000 A ~ OCCUR 0 Cv.JMS MADE 21SBAGQ3449 02/01/06 02/01./07 '.- . , -- AGGREGATE; Sl,OOO,OOO ~ ~ OEoUCTIBlE ... .- 5 X RET!!NTlr;lN 31.0 000 $ WORKERSCO~PGNS^TICHANC I~~J IVd~' Fi:UPlOYliR$' UABIU'n' - ANY PROPRlETCIVPARTNI;R/exECUTIVe e.l., EACH IICCIOIiNT S OFFICE~SMeEReXClUDeD? e,~ OISWE! - EA EMPLO'l1!E Go ~~~M.t~OJ'tS1'8N5 bfokNI ..-- E.L ~sl!!l\a'" . PO~ICY l.tMt'l' S QTJoIER DESCRIPTION 01' OPERA'J'lONs I LCCA'rIONS IVEHIC1.E$1 nc:WSlOI'r.l ADDED 8Y eNDORSllMENT ISPEaAl. PROIn$lOM> con~rac~ #06-3929 Colli~ CQ~~ Government ~s a~ti~al insure.d. ""it:b respect. tQ c.;renez:-al ~iabili ty. CERTlf'ICATI:; HOLDER Collier County Govm~nt Fax 530...6587 Purchasing D$pt. At.-tn: Diana 330~ Eas~ ~~ami T~l lolapJ.es FI" 34112 CANCELLATION . 001..3301. SHOULD ANY OFnlEABOItE: DqCl'llBEO POUCIES BoE CAlIlC!!l.Utc aEI'O~E THI! lW'IAATTON t1A~ 'TMIilUtOF. THE r59UING INSUl'tHR WILl,. ENDEAVOR TO 14AJL ~ CAYS WRITTEN Nonee To nn, CIiRTIFK:ATEi IiOLDER NAMED TO T)J1'i LEFT. SlUT FAll.URE TO DO SO SHIH ~ IMI"OSI; NO 08LI<!iA'l1QN QR UABD../T'I' OF ANV KINO UI'ON TilE I!\I$U~. ITS AGENTS OK RIiPRESENTATI AUTHO 0 .. Ciil ACORD CORPORATION 1988 ACORD 25 (2001/08) 16E4 ~~ SCHEDULE C 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16E4 i/ ;l' -; allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16E4 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16E4 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16E4 Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16E4 (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16E4 X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. 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 _ $5,000,000 each claim and in the aggregate C-7 16E4 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 16Elr documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. C-9 16E4 e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 1 6 E if SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, BSSW Architects, Inc. 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 the Annual Contract for Architectural Services are accurate, complete and current as of the time of contracting. BSSW Architects, Inc. B~~- DANIEL A. SUMMERS, AlA TITLE: VICE PRESIDENT DATE: ~.1ARCH 28. 2006 0-1 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES Contract No. 06-3929, "Annual Contract for Architectural Services" BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA and CH2M HILL Date: Or! /1, Z1XJ~ ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TPA#1971265.5 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS . - CONSULTANT'S RESPONSIBILITY ........................................................................... 2 . -ADDITIONAL SERVICES OF CONSULTANT ............................................................. 7 . - OWNER'S RESPONSIBILITIES .................................................................................. 8 . - TI ME. ...... ........................ ................... ....... ................ .... ...... .... .......... .... ...................... 1 0 . - COM PENSA TION ...................................................................................................... 12 - OWNERSHIP OF DOCUMENTS................................................................................15 . - MAINTENANCE OF RECORDS .................................................................................16 . - INDEMNIFICATION.. .......... ........................ .............................. .... ........ ............ .... ...... 17 . - INSURANCE. ...................... .......... .............. .... .... ...... .......... ...... .... .... .... ............ .......... 17 . - SERVICES BY CONSULTANT'S OWN STAFF ......................................................... 19 . - WAIVER OF CLAIMS..................................................................................................21 . - TERMINATION OR SUSPENSION ............................................................................ 21 . -TRUTH IN NEGOTIATION REPRESENTATIONS ..................................................... 25 . - CONFLICT OF INTEREST..........................................................................................26 . - MODIFICATION .......................................................................................................... 26 . - NOTICES AND ADDRESS OF RECORD................................................................... 26 . - MiSCELLANEOUS...................................................................................................... 27 . - APPLICABLE LAW..................................................................................................... 29 . - SECURING AGREEMENT/PUBLIC ENTITY CRIMES.............................................. 29 . - DISPUTE RESOLUTION............................................................................................30 (FTPSA) Schedule A: Schedule B: Schedule C: Schedule D: TABLE OF SCHEDULES Work Order Form Rate Schedule Insurance Coverage Truth in Negotiation Certificate ii 16E4 , 16E4 Contract No. 06-3929 "Annual Contract for Architectural Services" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of 2006, 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 CH2M Hill, authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Boulevard, Suite 505, Naples, FL 34108 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Architectural services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Architectural services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. TPA#1971265.5 Fixed Term PSA B-1 16E4 NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Architectural services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by TPA#1971265.5 Fixed Term PSA B-2 16E4 CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. TPA#1971265.5 Fixed Tenn PSA B-3 16E4. 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 hereby designates John W. MOQQe. Jr.. PhD. RA its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. TPA#1971265.5 Fixed Term PSA B-4 16E4 CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Architectural services that will be required under 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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 TPA#1971265.5 Fixed Term PSA B-5 16E4 judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (Le. right-of-way- ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. TPA#1971265.5 Fixed Term PSA B-6 16fLI. i ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to TPA# 1971265.5 Fixed Tenn PSA B-7 16E4 .\'~' seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager 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: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: TPA#1971265.5 Fixed Term PSA B-8 16E4 (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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. TPA#1971265.5 Fixed Term PSA B-9 16E4 ARTICLE 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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 the Schedule; provided, however, the granting of any such time TPA#1971265.5 Fixed Tenn PSA B-10 16E4 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 claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. TPA#1971265.5 Fixed Tenn PSA B-11 16E4 ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection TPA#19712655 Fixed Tenn PSA B-12 16E4 with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. TPA#1971265.5 Fixed Term PSA B-13 16E4 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. TPA#1971265.5 Fixed Term PSA B-14 16E4 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents TPA#1971265.5 Fixed Tenn PSA B-15 16E4i available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. 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, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. TPA#19712655 Fixed Term PSA B-16 16E4 ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: TPA#1971265.5 Fixed Tenn PSA B-17 16E4 ;,.. ~. .; 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. TPA#19712655 Fixed Term PSA B-18 -"'1"_...",...._ 16E4 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the Insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 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 TPA#1971265.5 Fixed Tenn PSA B-19 16E4 .. ... claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order In accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. TPA#1971265.5 Fixed Tenn PSA B-20 16E4 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so TPA# 1971265.5 Fixed Term PSA B-21 16E4 .;~,: terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination TPA#1971265.5 Fixed Term PSA B-22 16E 4 .~ provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 TPA#1971265.5 Fixed Tenn PSA B-23 16E4 ,~'! 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. TPA#1971265.5 Fixed Term PSA B-24 .16E4'.~f ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. TPA#1971265.5 Fixed Term PSA B-25 16E4 ~" ARTICLE 14 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 15 MODI FICA TION 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 16 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, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 TPA# 1971265.5 Fixed Tenn PSA B-26 16E4 1,' 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: CH2M HILL 5801 Pelican Bay Blvd., Suite 505 Naples, FL 34108 Fax: 813-874-3056 Attn: John W. Mogge, Jr., PhD, RA, Principal 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. TPA# 1971265.5 Fixed Term PSA B-27 16E4 . "., ~:~~ " 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE TPA#1971265.5 Fixed Term PSA B-28 16E4 1/1 ... ARTICLE 18 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was TP A# 1971265.5 Fixed Tenn PSA B-29 16E4 :It' increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an TPA#I971265.5 Fixed Tenn PSA B-30 16E4 t agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1971265.5 Fixed Term PSA B-31 16E4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the Annual Contract for Architectural Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E Brock?;. Clerk By: (}.LuL ho.it.u. Col. Date:: Z;.....'d\,...o-a~(.., A~tJst..S.~'Ch&l..... I s1V1'ltn_'. ~~. By: ~- <" ./ Frank Halas, Chairman Approved as to form and legal suffici ~ CH2M HILL w(l~ ~~-Pr Jo V\ Lu'~~J .3r. Typed Name and Ti e Vi CL 7(e~t'det'\-t ~~~ Item# \~ f 4- Agenda +- l \.....1:\ I _ Date U 'P Date L...1-1.l- b\,o Rec'cf l_ TPA#1971265.5 Fixed Term PSA B-32 16E4 SCHEDULE A WORK ORDER FORM Agreement for "Annual Contract for Architectural Services" Dated: , 200 (RFP 06-3929) Work Order Number: This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: CH2M HILL Signature of Authorized Company Officer Date Type or Print Name and Title TPA#19712655 Fixed Term PSA B-33 16E4 'tl SCHEDULE B RATE SCHEDULE Contract 06-3929," Annual Contract for Architectural Services" Professional Hourly Rate Principal $168.00/hr. Director $147.00/hr. Senior Project Manager/ Technical Specialist/Engineer $135.00/hr. Senior Architect $130.00/hr. Arch itect $1 02. OO/h r. Specification Writer $ 99.00/hr. Field/Construction/Contract Admin. $ 95.00/hr. Senior CAD Operator $ 88.00/hr. Designer $ 80.00/hr. CAD Operator $ 75.00/hr Clerical $ 52.00/hr. This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and CH2M HILL on a project by project basis as needed. TPA#1971265.5 Fixed Term PSA B-34 -- '* - MARSH Cl;ftTIFI~ATE 'O'INsuRANctl~i"IC~UMBER E 27-13 <: PRODUC ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA. INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET. SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 15114 -00124-ALL- TPA 875727 A ZURICH AMERICAN INSURANCE COMPANY INSU RED COMPANY CH2M HILL, INC. B AMERICAN ZURICH INSURANCE CO. 4350 WEST CYPRESS STREET. SUITE 600 TAMPA, FL 33607 COMPANY C COMPANY 0 COVERAGES This certlflcatesupersedes and replacesanypreyiouslyissued certifi~te for the policY period noted below. THS IS TO CERTlFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTlFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMlDDIYY) DATE (MMlDDIYY) I GENERAL LIABILITY ! GENERAL AGGREGATE $ 5,000.000 A ")( COMMERCIAL GENERAL lIABILITY I GL03784726-01 05/01/05 05/01106 PRODUCTS. COMPIOP AGG $ 5,000,000 I-- ~ CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 1,500,000 I-- $ 1,500,000 l-- OWNER'S & CONTRACTOR'S PROT i EACH OCCURRENCE I X tl;nn nM <;:IR I FIRE DAMAGE (Any ono flro) $ 1,500.000 MED EXP (Anv ono porson) $ A AUTOMOBILE LIABILITY I $ 2,000,000 - !BAP8378516-10 (AOS) COMBINED SINGLE LIMIT X ANY AUTO 05/01/05 05/01/06 - I All OWNED AUTOS !TAP8378560-10 (TX) 05/01/05 05/01/06 BODilY INJURY $ - (Por porson) f--- SCHEDULED AUTOS ~ HIRED AUTOS BODilY INJURY $ I NON-OW NED AUTOS (por accidont) I-- I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONl Y . EA ACCIDENT $ I-- I-- ANY AUTO OTHER THAN AUTO ONl Y: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ r==1 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X I T'6~-t~~I~S I I u~~- EMPLOYERS' LIABILITY B WC8378566-11 (AOS) 05/01/05 05/01/06 El EACH ACCIDENT $ 1,000.000 A THE PROPRIETORI ~ INCl WC8378565-10 (WI & MA) 05/01/05 05/01/06 El DISEASE-POLICY LIMIT $ 1,000.000 A PARTNERSIEXECUTlVE WC3784761-00 (HI & ID) 05/01/05 05/01/06 $ 1,000,000 OFFICERS ARE: EXCl El DISEASE.EACH EMPLOYEE OTH ER i ! DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS RE: CONTRACT #06-3929 - ANNUAL CONTRACT FOR ARCHITECTURAL SERVICES; PM: TOM ORLOWSKI CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY. COVERAGE PROVIDED BY THE ABOVE GENERAL LIABILITY AND AUTO POLICIES SHALL BE PRIMARY AND IS LIMITED TO THE LIABILITY RESULTING FROM THE NAMED INSURED'S OWNERSHIP AND/OR OPERATIONS. CERTIFICATE HOLDER CANCEL LA TION SHOULD ANY OF THE PQICIES DESCRIBED HE HE IN BE CANCEllED BEFORE THE EXP1RATIOI\I DATE THEREOF, THE INSURER AFFORONG COVERAGE WILL ENDEAVOR TO MAL _---30- DAYS WRITTEN NOTICE TO THE COLLIER COUNTY CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 llABLrTY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE MARSH USA INC. BY: Dorothy A. Ste~ns ~4. g..... MM1(3/02) VALID AS OF: 04/03/06 ADDITIONAL INFORMATION PRODUCER MARSH USA, INC. 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 15114 -00124-ALL- TPA 875727 INSURED CH2M HILL, INC. 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 TEXT CONTINUED FROM DESCRIPTION SECTION: WORKERS' COMPENSATION INCLUDES WAIVER OF SUBROGATION. CERTIFICATE HOLDER COLLIER COUNTY 3301 EASTTAMIAMI TRAIL NAPLES. FL 34112 COMPANY E COMPANY F COMPANY G COMPANY H 16DE(M~N~ SEA-000875727-13 04/03/06 COMPANIES AFFORDING COVERAGE Page MARSH USA INC. BY Dorothy A. Stevens ~ A t46".~ 1 L L I. MARSH CE RTIFICA'Te OFINSURANel. V IMrI"E NUMBER SEA-000875728-14 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE i COMPANY 15114 -OOC)()5-ALL 1-2000 TPA 875728 I A ZURICH AMERICAN INSURANCE COMPANY INSURED i COMPANY i CH2M HILL. INC. I B I 4350 WEST CYPRESS STREET, SUITE 600 TAMPA, FL 33607 I COMPANY i C I COMPANY D COVERAGES This certificatesupet:'Sedesand. replaces any previ()uslylsSued<:erliflcate forthe policy period IlOted .below. 3 THIS IS TO CERTlFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTlFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMlDD/YY) DATE (MMlDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ - $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG - tJ CLAIMS MADE D OCCUR $ - PERSONAL & ADV INJURY OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ - $ J:!I'lE DAMAGE (Anyone fire) MED EXP {Anv one oerson1 $ AUTOMOBILE LIABILITY I $ - COMBINED SINGLE LIMIT - ANY AUTO - ALL OWNED AUTOS BODIL Y INJURY $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODIL Y INJURY $ - (Per accident) - NON.OWNEDAUTOS - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONL y. EA ACCIDENT $ - - ANY AUTO OTHER THAN AUTO ONL Y: EACH ACCIDENT $ - AGGREGATE $ EXCESS UABIUTY EACH OCCURRENCE $ =1 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I To~lL~I'fs I I Ol~- EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR! FllNCL EL DISEASE-POLICY LIMIT $ PARTNERS~XECUTlVE $ OFFICERS ARE: I EXCL EL DISEASE-EACH EMPLOYEE OTHER A PROFESSIONAL LIABILITY' EOC3829621-03 05/01/05 05/01/06 $1,000.000 EACH CLAIM AND TOTAL FOR ALL CLAIMS , i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESlSPECIAL ITEMS RE: CONTRACT #06-3929 - ANNUAL CONTRACT FOR ARCHITECTURAL SERVICES; PM: TOM ORLOWSKI 'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDNG COVERAGE WilL ENDEAVOR TO MAL -----30. DAYS WRITTEN NOTICE TO THE COLLIER COUNTY CERTIFICATE HOLDER NAMED HEREIN, BUT FAilURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 EAST TAMIAMI TRAIL NAPLES,FL 34112 llABLlTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE ISSUER Of THIS CERTIFICATE MARSH USA INC. BY: Dorothy A. Stevens ~ 4. ...,..... MM1(3/02) VALID AS OF: 04/03/06 16E4. SCHEDULE C 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16E4 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16E4 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires pnor to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16E4 ... , :1' a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 ;16E4 ".. :::' Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16E4 (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16E4 X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. 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 _ $5,000,000 each claim and in the aggregate C-7 16E4 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 16E4 documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. C-9 16E4 e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16E4 SCHEDULE 0 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M HILL 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 the Annual Contract for Architectural Services are accurate, complete and current as of the time of contracting. CH2M HILL BY.~~~~ ~~M W. M~/~r. TITLE: \I i c.Q. 7re&;:,;aen-t- DATE: LI-5 -Oi,p 0-1 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES Contract No. 06-3929, "Annual Contract for Architectural Services" BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA and Disney & Associates, P .A. Date: Oru III 2u()b , ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TPA# 1971265.5 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS . - CONSULTANT'S RESPONSIBILITY ........................................................................... 2 . - ADDITIONAL SERVICES OF CONSULTANT ............................................................. 7 . - OWNER'S RESPONSIBILITIES .................................................................................. 8 . -TIME ...... ..... ...... .... ........ .... .... ............. ................. .... ...... .......... .......... ................ .......... 10 . - COMPENSATION ...................................................................................................... 12 - OWNERSHIP OF DOCUMENTS................................................................................ 15 . - MAINTENANCE OF RECORDS .................................................................................16 . - I ND EM NI FICA TION.................................................................................................... 17 . - INSURANCE ..... .... ...... ...... .... .......... .......... .......... .... .......... ................ .... ............ .......... 17 . - SERVICES BY CONSULTANT'S OWN STAFF .........................................................19 . - WAIVER OF CLAIMS.................................................................................................. 21 . - TERMINATION OR SUSPENSION ............................................................................ 21 . -TRUTH IN NEGOTIATION REPRESENTATIONS ..................................................... 25 . - CONFLICT OF INTEREST..........................................................................................26 . - MODIFICATION .......................................................................................................... 26 . - NOTICES AND ADDRESS OF RECORD................................................................... 26 . - MiSCELLANEOUS......................................................................................................27 . - APPLICABLE LAW..................................................................................................... 29 . - SECURING AGREEMENT/PUBLIC ENTITY CRIMES.............................................. 29 . - DISPUTE RESOLUTION............................................................................................ 30 (FTPSA) Schedule A: Schedule B: Schedule C: Schedule D: .16E4 TABLE OF SCHEDULES Work Order Form Rate Schedule Insurance Coverage Truth in Negotiation Certificate ii 16E4 Contract No. 06-3929 "Annual Contract for Architectural Services" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Disney & Associates, P.A., authorized to do business in the State of Florida, whose business address is 1865 Veterans Park Drive, Suite 301, Naples, Florida 34109-0447 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Architectural services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Architectural services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. TPA#1971265.5 Fixed Term PSA B-1 16E4 ,; NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Architectural services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by TPA#1971265.5 Fixed Term PSA B-2 16E4 CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. TPA#I9712655 Fixed Term PSA B-3 .16E4 ~.~. 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 hereby designates Dalas D. Disnev. AlA its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. TPA#1971265.5 Fixed Tenn PSA B-4 16E4 CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Architectural services that will be required under 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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 TPA#19712655 Fixed Term PSA B-5 16E4 judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. TPA#1971265.5 Fixed Tenn PSA B-6 16E4 :w "i ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to TPA#1971265.5 Fixed Tenn PSA B-7 16E4 seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager 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: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: TPA#19712655 Fixed Term PSA B-8 .16E4 (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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. TPA#19712655 Fixed Tenn PSA B-9 16E4 ARTICLE 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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 the Schedule; provided, however, the granting of any such time TPA#1971265.5 Fixed Tenn PSA B-1 0 16EL,., 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 claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. TPA#1971265.5 Fixed Tenn PSA B-11 16E4 ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection TPA#1971265.5 Fixed Term PSA B-12 16E4 with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. TPA#1971265.5 Fixed Term PSA B-13 16E4 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. TPA#1971265.5 Fixed Tenn PSA B-14 16E4. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents TPA#1971265.5 Fixed Term PSA B-15 16EL1 available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. 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, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. TPA#1971265.5 Fixed Term PSA B-16 16E4 ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: TPA#1971265.5 Fixed Tenn PSA B-17 16E4 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C. must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. TPA#1971265.5 Fixed Tenn PSA B-18 16E4 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 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 TPA#1971265.5 Fixed Tenn PSA B-19 16E4 claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. TPA#1971265.5 Fixed Tenn PSA B-20 16E4 1 0.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so TPA# 1971265.5 Fixed Tenn PSA B-21 16E Lt II terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination TPA#1971265.5 Fixed Term PSA B-22 16E4 provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provIsions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 TPA# 1971265.5 Fixed Tenn PSA B-23 16E4 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. TPA#19712655 Fixed Term PSA B-24 16E4 ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. TPA#19712655 Fixed Tenn PSA B-25 16E4 ARTICLE 14 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 15 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 16 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, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 TPA#19712655 Fixed Tenn PSA B-26 16E4 16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Disney & Associates, P.A. 1865 Veterans Park Dr., Suite 301 Naples, FL 34109-0447 Fax: 239-596-2874 Attn: Dalas D. Disney, Principal 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests 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. TPA#1971265.5 Fixed Tenn PSA B-27 16E4 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE TPA#1971265.5 Fixed Tenn PSA B-28 16E4 ARTICLE 18 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was TPA#1971265.5 Fixed Term PSA B-29 16E4 increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an TPA#1971265.5 Fixed Tenn PSA B-30 16E4 agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1971265.5 Fixed Tenn PSA B-31 16EL,~ IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the Annual Contract for Architectural Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock,,<;lerk ~y: ~ ~,f::).(. Date:14'";}J ~~'OO~ . ~tf.lt... ~~...... .ft..... ...tuN i .1",1' ,'. .. ...,- .... By: ~5-~:::? / Frank Halas, Chairman re(f ;a Wit es Dalas D. Disney, President Typed Name and Title '-~~~ Witness " Item# llo E: ~ Agenda c.t"'l \ "'Dlp Date Date 4-1.l"'lj!.p Rec'd TPA#1971265.5 Fixed Term PSA B-32 16E4 SCHEDULE A WORK ORDER FORM Agreement for "Annual Contract for Architectural Services" Dated: , 200 (RFP 06-3929) Work Order Number: This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Disney & Associates, P .A. Signature of Authorized Company Officer Date Type or Print Name and Title TPA# 19712655 Fixed Term PSA B-33 16E4 SCHEDULE B RATE SCHEDULE Contract 06-3929," Annual Contract for Architectural Services" Professional Hourly Rate Principal $168.00/hr. Director $147.00/hr. Senior Project Manager/ Technical Specialist/Engineer $135.00/hr. Senior Architect $130.00/hr. Architect $102.00/hr. Specification Writer $ 99.00/hr. Field/Construction/Contract Admin. $ 95.00/hr. Senior CAD Operator $ 88.00/hr. Designer $ 80.00/hr. CAD Operator $ 75.00/hr Clerical $ 52.00/hr. This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and Disney & Associates, P.A. on a project by project basis as needed. TPA#1971265.5 Fixed Tenn PSA B-34 Client#: 2289 DISNASS3 ACDRDTM CERTIFICATE OF LIABILITY INSURANCE' DhE (MMlDDIYY) 03/29/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Suncoast Insurance Associates P.O. Box 22668 Tampa, FL 33622-2668 813289-5200 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity & Guaranty INSURER B: St. Paul Fire & Marine INSURER C: Liberty Insurance Underwriters Inc INSURER D: INSURER E: Disney & Associates, P .A. 1865 Veterans Park Drive Suite 301 Naples, FL 34109-0447 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. .~~: TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY BK01439729 08/02/05 08/02/06 EACH OCCURRENCE $1.000.000 X COM M ERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) $1 000 000 f-- ~ CLAIMS MADE W OCCUR MED EXP (Anyone person) $10.000 f-- I PERSONAL & ADV INJURY $1.000.000 f--- GENERAL AGGREGATE $2.000.000 GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS .COMP/OP AGG $2.000.000 n POLICY n j~gT n LOC A ~TOMOBILE LIABILITY BK01439729 08/02/05 08/02/06 COMBINED SINGLE LIMIT I $1,000,000 ANY AUTO (Ea accident) f-- f-- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) f-- ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) f-- PROPERTY DAMAGE $ i (Per accident) RRAGE LIABILITY I AUTO ONLY. EA ACCIDENT $ I ANY AUTO I OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ i I $ I I =l DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WVA7745610 09/09/05 09/09/06 X I:';~~T~;'~-Q I IOJ~' EMPLOYERS' LIABILITY $1 000,000 E.L. EACH ACCIDENT I E.L. DISEASE. EA EMPLOYEE $1,000,000 EL DISEASE . POLICY LIMIT $1,000,000 C OTHER AEE1971520105 04118/05 04/18/06 $1,000,000 Each Claim Professional $1,000,000 Ann Aggr iabilitv DESCRIPTION OF OPERATIONSlLOCATlONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. Certificate Holder is added as an addtional insured with respect to the General Liability and Auto Liability. CERTIFICATE HOLDER I I ADDITIONALINSURED'INSURERLETTER: CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Government DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D-- DAYS WRITTEN Purchasing Bldg. (G) NOTlCETOTHE CERTIFICATE HOLDERNAMED TOTHELEFT, BUT FAILURE TODOSOSHALL Attn: Kelsey Ward IMPOSE NO OB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR 3301 Tamiami Trail REPRESENTATIVES. Naples, FL 34112 A~ED REPR~TIVE I ."..,. at.. ~ - ACORD 2s..S (7/97)1 of 2 #S120495/M120493 KHK @ 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 (7/97)2 of 2 #S120495/M120493 16E4 SCHEDULE C 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 .16E4 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any Insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16E4 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16E4 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 ....... ",,,,,",,,'~""""" - 16E4 Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16E4 (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 16E4 X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. 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 _ $5,000,000 each claim and in the aggregate C-7 .16E4 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 .16E4 documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. C-9 lot4 e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16Elj. SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Disney & Associates, P.A. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the Annual Contract for Architectural Services are accurate, complete and current as of the time of contracting. Disney & Associates, P .A. BY .Jf2 Jt}~ TITLE: f>lte?(I)~-rJT DATE: 3>p z.'1- O~ 0-1 lor4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES Contract No. 06-3929, "Annual Contract for Architectural Services" BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA and Harper Aiken Partners, Inc. Date: ~ /11 2dJ/o ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 TPA#1971265.5 16E4 FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES TABLE OF CONTENTS . - CONSULTANT'S RESPONSIBILITY ........................................................................... 2 . - ADDITIONAL SERVICES OF CONSULTANT ............................................................. 7 . - OWNER'S RESPONSIBILITIES .................................................................................. 8 . - TI ME....... .... ............... ........ . ........ ............ .................. .................. .............................. .. 10 . - COMPENSATION .................................. ........................................ ..................... .... ... 12 - OWNERSHIP OF DOCUMENTS................................................................................15 . - MAINTENANCE OF RECORDS ................................................................................. 16 . - INDEMNI FICA TION...................... .......................................... .................................... 17 . - INSURANCE ... ....... ................................................................... ...... ............... ............. 17 . - SERVICES BY CONSULTANT'S OWN STAFF .........................................................19 . - WAIVER OF CLAIMS.................................................................................................. 21 . - TERMINATION OR SUSPENSION ............................................................................21 . -TRUTH IN NEGOTIATION REPRESENTATIONS ..................................................... 25 . - CONFLICT OF INTEREST..........................................................................................26 . - MODIFICATION ........................................ ............... ..................... .......................... ....26 . - NOTICES AND ADDRESS OF RECORD................................................................... 26 . - MISCELLANEOUS ...................... ............................................................................ ....27 . - APPLICABLE LAW........................................................................ ..................... .... ....29 . - SECURING AGREEMENT/PUBLIC ENTITY CRIMES.............................................. 29 . - DISPUTE RESOLUTION...................... .......... ............................................ .......... ......30 (FTPSA) Schedule A: Schedule B: Schedule C: Schedule D: 16E4 TABLE OF SCHEDULES Work Order Form Rate Schedule Insurance Coverage Truth in Negotiation Certificate II .16E4 Contract No. 06-3929 "Annual Contract for Architectural Services" FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this _ day of 2006, 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 Harper Aiken Partners, Inc., authorized to do business in the State of Florida, whose business address is 201 Alhambra Circle, Suite 800, Coral Gables, Florida, 33134 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, it is in the best interests of OWNER to be able to obtain professional Architectural services expeditiously when a need arises in connection with a Collier County construction project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Architectural services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. TPA#1971265.5 Fixed Term PSA B-1 .16E4 .:1' f!": NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided, CONSULTANT shall provide to OWNER professional Architectural services (hereinafter the "Services") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A. Reference to the term "Work Order" herein, with respect to authorization of Services, includes all written Amendments to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $90,000 unless otherwise approved in writing by the Board of County Commissioners, and that the total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000 annually, unless otherwise approved in writing by the Board of County Commissioners of Collier County. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by TPA#1971265.5 Fixed Term PSA B-2 16E4 CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments thereto) are hereby incorporated into and made a part of this Agreement by reference. TPA#19712655 Fixed Tenn PSA B-3 16E4 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 hereby designates Kevin P. Donahue. AlA its Principal in Charge (hereinafter referred to as the "Principal in Charge") with full authority to bind and obligate CONSULTANT on all matters arising out of our relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S project coordinator for the Services to be provided under that Work Order (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is 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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. TPA#1971265.5 Fixed Term PSA B-4 16El: CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6 CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Principal in Charge or any Project Coordinator, 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7 The CONSULTANT represents to the OWNER that it has expertise and experience in the type of professional Architectural services that will be required under 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 applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over 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 TPA#1971265.5 Fixed Term PSA B-5 16E4 judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 1.8 CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public 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. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. TPA#1971265.5 Fixed Term PSA B-6 16E4 ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by Owner through an Amendment to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Administrative Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to the subject Work Order prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Services originally required of CONSULTANT under the subject Work Order. If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, and Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to TPA#1971265.5 Fixed Term PSA B-7 .16E4 seek an adjustment to its compensation or time of performance under the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S Services under the Work Order. However, the Project Manager 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: (a) The scope of Services to be provided and performed by the CONSULTANT as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 3.2 The Project Manager shall: TPA#1971265.5 Fixed Term PSA B-8 16E4 (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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order; 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. TPA#1971265.5 Fixed Term PSA B-9 16E4 ARTICLE 4 TIME 4.1 Attached to each Work Order shall be a computer generated bar graph time schedule ("Schedule") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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 the Schedule; provided, however, the granting of any such time TPA#19712655 Fixed Term PSA B-1 0 16E4 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 claims based on late completion. 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 under this Agreement (including any and all Work Orders) 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. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under any particular Work Order or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 4.6 The period of service shall be from the date of execution of this Agreement through one (1) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) years, renewable annually. Any such annual renewal shall be agreed to, in writing, by both parties. TPA#1971265.5 Fixed Tenn PSA B-11 1 6 E Lr ARTICLE 5 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 each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a comprehensive and itemized statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and/or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Agreement Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 The compensation (whether based upon a negotiated lump sum, time and materials, hourly with a cap or some other agreed to format) contained in each separate Work Order shall be based on the hourly rates as set forth and identified in Schedule B which is attached hereto, for the time reasonably expended by CONSULTANT'S personnel in performing the Services. The Rate Schedule shall be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection TPA#19712655 Fixed Term PSA B-12 16E4 with CONSULTANT'S performance of the Services, at its direct cost with no markup, to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows: 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2 Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5 Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. TPA#1971265.5 Fixed Term PSA B-13 16E l, 5.2.2.6 Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. TPA#19712655 Fixed Term PSA B-14 16E4 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CAOD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under the applicable Work Order ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2 Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use with respect to the applicable authorized project or task. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. CONSULTANT also acknowledges OWNER may be making Project Documents TPA#1971265.5 Fixed T enn PSA B-15 16E4 available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE 7 MAINTENANCE OF RECORDS 7 .1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order is completed, whichever is later, or such later date as may be required by law. 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, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one-half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and/or payment of any reimbursable expenses. TP A# 1971265.5 Fixed Term PSA B-16 16E4 ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE 9 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 described herein and further set forth in Schedule C to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: TPA#1971265.5 Fixed Term PSA B-17 16E4 9.3.1 All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2 Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3 All insurance coverages of CONSULTANT shall be primary to any insurance or self-insurance program carried by OWNER, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in the form attached as Attachment I to Schedule C, must reference and identify this Agreement. 9.3.5 All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.3.6 All insurance policies to be provided by CONSULTANT pursuant to the terms hereof must expressly state that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate court situated in Collier County, Florida. TPA#1971265.5 Fixed Tenn PSA B-18 16E4 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the Insurance policies required hereunder must meet the following minimum requirements: 9.5.1 The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2 The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE 10 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 TPA#1971265.5 Fixed Term PSA B-19 16E4 claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule shall not be removed or replaced without OWNER'S prior written consent. 1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement and any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. TPA#1971265.5 Fixed Term PSA B-20 ,16E4 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. Neither the acceptance of CONSULTANT'S Services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so TPA#1971265.5 Fixed Term PSA B-21 16E4, terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin Services under any particular Work Order within the times specified under that Work Order, or (b) CONSULTANT'S 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) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination TPA#1971265.5 Fixed Term PSA 8-22 .I6E4 provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 Upon termination and as directed by OWNER, 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 those described in Section 6, that are in CONSULTANT'S possession or under its control arising out of or relating to this Agreement or any Work Orders. 12.6 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 TPA#19712655 Fixed Tenn PSA B-23 16E4 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. 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due as set forth in the Work Order or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement or subsequently issued Work Order, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. TPA#1971265.5 Fixed Term PSA B-24 .16E4 ARTICLE 13 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 or any subsequent Work Order. 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Work Order. TPA#19712655 Fixed Term PSA B-25 16E i[ ARTICLE 14 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 15 MODI FICA TION 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 16 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, FI. 34112 Attention: Stephen Y. Carnell, Purchasing/GS Director Fax: 239-732-0844 TPA#1971265.5 Fixed Tenn PSA B-26 16EL: 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: Harper Aiken Partners, Inc. 201 Alhambra Circle, Suite 800 Coral Gables, Florida 33134 Fax: 305-476-0073 Attn: Kevin P. Donahue, Principal 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 17 MISCELLANEOUS 17 .1 CONSULTANT, in representing OWNER, shall promote the best interests 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. TPA#1971265.5 Fixed Term PSA B-27 16E4 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, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE TPA#1971265.5 Fixed Tenn PSA B-28 16E4 ARTICLE 18 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 federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 19 SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 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. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was TPA#1971265.5 Fixed Tenn PSA B-29 16E4 increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor Iist." ARTICLE 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an TPA#1971265.5 Fixed Tenn PSA B-30 16E4 agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. TPA#1971265.5 Fixed Tenn PSA B-31 16E4 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the Annual Contract for Architectural Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E.;Br9ck'CI~rk By: .~'~&-tu..,.().c. Date: q....~t--O-De~ Attest IS toe...'......., .tgnltureonll! Approved as to form and legal suffic' ~) By. C::;:".>~ 'Frank Halas, Cha rm Harper Aiken Partners, Inc. By(Q}NAJ'~/ \<'t=-vIN P D?~t~ Typed Name and Title t:)L. v. f>. d&q~ Witness Item # {(, ~L{ ~~~~da 4'l \ -D 10 Date 4-21....01- Rec'd ~ TPA#J971265.5 Fixed Term PSA 8-32 .16E4 SCHEDULE A WORK ORDER FORM Agreement for "Annual Contract for Architectural Services" Dated: , 200 (RFP 06-3929) Work Order Number: This Work Order is for professional describe services for work known as: Project Name: Project No: The work is specified in the proposal dated , 200 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # is assigned to: name of firm. Scope of Work: As detailed in the attached proposal and the following: * Task I * Task II * Task III Schedule of Work: Complete work within _days from receipt of the Notice to Proceed which is accompanying this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs _Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the attached proposal. (define which method will be used for which tasks) Task I $ Task II $ Task III $ TOTAL FEE $ Any change made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the original Contract Agreement. PREPARED BY: name and title Date APPROVED BY: Department Director, Department Name Date APPROVED BY: Division Administrator, Division Date ACCEPTED BY: Harper Aiken Partners, Inc. Signature of Authorized Company Officer Date Type or Print Name and Title TPA#1971265.5 Fixed Tenn PSA B-33 .16E4 SCHEDULE B RATE SCHEDULE Contract 06-3929,"Annual Contract for Architectural Services" Professional Hourlv Rate Principal $168.00/hr. Director $147.00/hr. Senior Project Manager/ Technical Specialist/Engineer $135.00/hr. Senior Architect $130.00/hr. Architect $102.00/hr. Specification Writer $ 99.00/hr. Field/Construction/Contract Admin. $ 95.00/hr. Senior CAD Operator $ 88.00/hr. Designer $ 80.00/hr. CAD Operator $ 75.00/hr Clerical $ 52.00/hr. This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and Harper Aiken Partners, Inc. on a project by project basis as needed. TPA#1971265.5 Fixed Term PSA B-34 13:36 RPR 19, 2006 TO: RTTN: LINDR FR: JORQUINR MORRLES/EXT *90428 PRGE: 2/2 ACORD.. CERTIFICATE OF LIABILITY INSURANCE IYYYY) HARP 06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER MORRIS & REYNOLDS INSURANCE 14821 South Dixie Highway MIAMI FL 33176-7928 phone:305-238-1000 Fax:305-255-9643 INSURED Maryland/zurich Inaurance Serv FCC I Insurance company NAIC# 19356 03499 INSURERS AFFORDING COVERAGE Harper Aiken Partners, Inc. Mr. David Harper 201 ~hambra Circ1e~ Suite 800 Cora1 Gab1es FL 331~4-5108 INSURER A INSURER B INSURER C: INSURER D INSURER E Lex1n ton Inaurance Company 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 fW'( 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. II~~~ ~~~ TYPE OF INSURANCE POLICY NUMBER b~~~'fMMIODIYYI "D'j,.'ETIMMlDDIVYi' LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X ~ COMMERCIAL GENERAL LIABILITY PPS41216525 10/01/05 10/01/06 LJMlV,,,,," $1,000,000 ::=J CLAIMS MADE 0 OCCUR PREMISES (Ea occurence) MED EXP (Anyone person) $ 10,000 - X Contractua1 Lia PERSONAL & P-DV INJURY $1,000,000 - - GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMPIOP AGG $2,000,000 I nPRO- n POliCY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $$1,000,000 MY AUTO (Ea accident) f-- ALL OWNED AUTOS BODIL Y INJURY f-- $ SCHEDULED AUTOS (Per person 1 f-- A X HIRED AUTOS PPS41216525 10/01/05 10/01/06 BODILY INJURY f-- $ ~ NON.OWNED AUTOS (Per aCCIdent) f-- PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R MY AUTO OTHER Tt1M EA ACC $ AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABtLITY EACH OCCURRENCE $5,000,000 A gJ OCCUR D CLAIMS MADE PPS41216525 10/01/05 10/01/06 AGGREGATE $5,000,000 $ ~ DEDUCTIBLE $ X RETENTION $0 $ WORKERS COMPENSATION AND X ITORY LIMITS 1 IUE~ B EMPLOYERS' LIABILITY 46045 04/28/05 04/28/06 $ 500,000 MY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACC IDENT OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000 If yes, describe under $ 500,000 SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT OTHER C Professiona1 Liab 4178865 01/01/06 01/01/07 Ea C1aim $2,000,000 Ded $25,000 EACH CLAD! Aaareaate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Bui1ding or Premises, Bank or Office Cora1 Gab1es Certificate Ho1der is named as Additiona1 Insured as respect to Genera1 Liabi1ity in reference to Contract #06-3929. CERTIFICATE HOLDER CANCELLATION Co11ier County Government 3301 E. ~amiami ~rai1 Nap1es J!'L 34112 COLLIE6 SHOULD Am OF THE ABOVE OESCRlBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Am KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR SENTATlVE @ ACORD CORPORATION 1988 ACORD 25 (2001108) ACORD~ CERTIFICATE OF LIABILITY INSURANCE o 0 HAR R THIS CERTIFICATE IS ISSUED AS A MATT 0 M ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER MORRIS & REYNOLDS INSURANCE 14821 South Dixie Highway MIAMI FL 33176-7928 Phone: 305-238-1000 Fax: 305-255-9643 INSURERS AFFORDING COVERAGE FCCI Insurance Company NAIC# 19356 03499 INSURED Harper Aiken Partners, Inc. Mr. David Harper 201 Alhambra Circle~ Suite 800 Coral Gables FL 331~4-5108 INSURER A: INSURER B INSURER C: INSURER 0: INSURER E Maryland/Zurich Insurance Serv Lexington Insurance Company 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 IN::iK ~~[ POLICY NUMBER PD<1~~1J~fJ~~E Pgk~CEY(~~b~~N LIMITS LTR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I---- ~~MAGI= I U HI=N I I=U A ~ COMMERCIAL GENERAL LIABILITY PPS41216525 10/01/05 10/01/06 $1,000,000__ =:J CLAIMS MADE ~ OCCUR PREMISES (Ea occurence) MED EXP (Anyone person) $ 10,000 I---- ~ Contractual Lia ! PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000, OOO_~ I---- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 2 , 000 , 000 Ii nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ $1,000,000 I---- ANY AUTO (Ea accident) ~- I ALL OWNED AUTOS BODILY INJURY 1- $ SCHEDULED AUTOS i (Per person) - i A ~ HIRED AUTOS PPS41216525 10/01/05 10/01/06 BODILY INJURY $ ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A ~ OCCUR D CLAIMS MADE PPS41216525 10/01/05 10/01/06 AGGREGATE $5,000,000 I $ fx DEDUCTIBLE $ X RETENTION $0 $ WORKERS COMPENSATION AND X ITb"~/~I~:~S I IOTH- ER B EMPLOYERS' LIABILITY 46045 04/28/05 04/28/06 $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under I $ 500,000 SPECIAL PROVISIONS below i E.L. DISEASE - POLICY LIMIT OTHER C Professional Liab 4178865 01/01/06 01/01/07 Ea Claim $2,000,000 Ded $25,000 EACH CLAIM Aggreaate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Building or Premises, Bank or Office Coral Gables Contract #06-3929 CERTIFICATE HOLDER CANCELLATION COLLIE6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County Government 3301 E. Tamiami Trail Naples FL 34112 @ ACORD CORPORATION 1988 ACORD 25 (2001/08) .16E4 SCHEDULE C 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. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the Services until the date of completion of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or C-1 16E4 allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any Insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement and any Work Orders issued pursuant to the Agreement or at its sole discretion shall be authorized to C-2 16E4 purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. 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 Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Services required hereunder or termination of the Agreement or any Work Order, the CONSULTANT shall furnish to the OWNER, 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 OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT 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: C-3 16E4 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ 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, written on an "occurrence" basis, shall be maintained by the CONSULTANT. 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 C-4 16f4 Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or its designee. C-5 16E4 (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable (6) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. _ Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: C-6 .16E4 X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT 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. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. 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 _ $5,000,000 each claim and in the aggregate C-7 16E4 (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, on a work order by work order basis, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed C-8 16E4 documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. C-9 16f4 e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. C-10 16E4 SCHEDULE D TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Harper Aiken Partners, Inc. 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 the Annual Contract for Architectural Services are accurate, complete and current as of the time of contracting. Harper Aiken Partners, Inc. BY:~ \< ~v ( J..J p. DO}VAI<-\i). E TITLE: ~,\/IC-E-- PRISSiD~( DATE: 3//},8/ao I I D-1 l(,f1 PRINCIPALS DAVID M. HARPER, FAIA STEWART W. AIKEN, AlA KEVIN P. DONAHUE, AlA RICHARD A. AIKEN, AlA ROBERT J. BITTERU, AlA 201 AlHAMBRA CIRCLE SUITE 800 CORAL GABLES, FL 33134 T: 305.476.1102 F: 305.476.0073 lie. No. AA0002442 www.HADParchitecture.com ====~= HADP ...... ...... ...... ...... ARCHITECTURE,INC. HARPER AIKEN DONAHUE & PARTNERS 305.476.1101 Ext. 126 bbrowo@HAOPma/Zcom RECEIVED DEe 2 1 2006 December 18, 2006 PURCHASING DEPT, Collier County Government Administrative Services Division Purchasing Dept 3301 Tamiami Trail East Naples, FL34112 RE: Contract # 06-3929 Name change of Corporation To Whom It May Concern: Our company Harper Aiken Partners, Inc. has changed the name as of 7/1/06 to HADP Architecture, Inc. Our FEIN has not changed as there has been no change of ownership. I am also enclosing copies of the Articles of Amendment filed with the State of Florida recording our name change. Please update your records to reflect our new name. Should you need any further information please contact myself or Diane Cintra. I have also enclosed the renewal notice for the above mention contract, which we have signed. Sincerely, \JIcn\~~VA- William M. Brown. AlA Principal ~ Enclosures Improving the quality of fife through architecture and design OM " . . tt ~f:"Io ' ~ta ,4-' - ~.~~': t!l~a ~ ~,...: \.4.... ~ .' :-~~', U lJepurtment of &tntt I certify the attached is a true and correct copy of the Articles of Amendment, filed on July 3,2006, to Articles of Incorporation for HARPER AIKEN PARTNERS, INC. which changed its name to HADP ARCHITECTURE, INC., a Florida corporation, as shown by the records of this office. B D Il The document number of this corporation Is P93000083274. CR2E022 (01-06) 5~ Y\. ~b=o~ ~ue~_'ritohh ~ecretur-g of~tute f" J " B Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Tenth day of July I 2006 ," ~ I~--~- I ' . ~ fiB att ~f:~IOtt, t ,.,If. ". -- -,~,: ""lba .' ' ".-. -... . - ,(/1 ~: .' ... :.. :-~",,:. ~. mrpartmrnt of &talP I certify from the records of this office that HAD? ARCHITECTURE, INC. is a corporation organized under the laws of the State of Florida, filed on December 6, 1993. The document number of this corporation is P93000083274. . I further certify that said corporation has paid all fees due this office through December 31, 2006, that Its. most recent annual reporVuniform business r~port was tiled on January 24, 2006, and its status is active. J I further certify that said corporation has not filed Articles of Dissolution. CR2E022 (01-06) 5~ Y\. Ce!:.!, cSuz~~ 'ciI.ohh ~2cri!tarlJ ofJ;tat.e IP ~ ~o Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Tenth day of July, 2006 ~ ." Q FLORIDA DEPARTMENT OF STATE Division of Corporations July 10, 2006 SCOTT C. WITHROW WITHROW. ~CQUADE & OLSEN 3379 PEACHTREE RD., STE. 970 A TLANT A, GA 30326 Re: Document Number P93000083274 'lI " ~ The Articles of Amendment" to' the Articles of lricorpOi"ation' for- HARPER AIKEN PARTNERS, INC. which changed its name to HADP ARCHITECTURE, INC., a Florida corporation, were filed on July 3, 2006. . . . . ....~:""..;.;t':..~~.~~:f~.:4i:i.~;-i..,.....,. T._~:.~~'t-~/l;.~;.(":'" .. The certification requested is enClosed. . ~:..:..... ". .~ .::. . ":':. ...... ...... :r'~~~.;?:-~if~~.~~:f~~::i~:i7~.~.'i~.;,~.,: . . - '. . Should you have any question regarding this matter, please telephone (850) 245-6050, the Amendment Filing SectIon. Alan Crum . Document Specialist Division of Corporations Letter Number: 506AOOO44331 .. ,. ... P.O. BOX 6327 -Tallahassee, Florida 32314 I' # # J~' .... 16'1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 11, 2006 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(1), the disbursements for the Board of County Commissioners for the period: (1) March 4,2006 through March 10,2006. (2) March 11, 2006 through March 17,2006. B. Districts: (1) Heritaae Greens Community Development District - Minutes of November 7, 2005; Agenda of November 7, 2005. (2) Naples Heritaae Community Development District - Minutes of May 16, 2005; Agenda of May 16, 2005; Minutes of July 18, 2005; Agenda of July 18, 2005. (3) Cedar Hammock Community Development District - Minutes of October 10, 2005; Agenda of October 1,2005. C. Minutes: (1 ) Pelican Bay Services Division MSTU - Agenda of Budget Committee of March 22, 2006. (a) Clam Bay Sub-Committee - Agenda of March 22, 2006; Minutes of November 9, 2005. (b) Budget Sub-committee - Minutes of February 15, 2006. (2) Coastal Advisory Committee - Minutes of January 12, 2006. H:\DA T A \FRONT DESK - 2006\2006 Miscellaneous Correspondence\0411 06 misc corresp.doc 1611 (3) Vanderbilt Beach MSTU Advisory Committee - Agenda of April 6, 2006; Minutes of March 2, 2006. (4) Parks and Recreation Advisorv Board - Agenda of March 15, 2006; Minutes of March 15, 2006. (5) Citizens Corps Advisorv Committee - Minutes of Workshop of February 15, 2006. (6) Immokalee Beautification MSTU Advisory Committee - Agenda of March 15, 2006; Notification of cancellation of February 15, 2006 meeting due to lack of quorum. (7) Conservation Collier Land Acquisition Advisory Committee - Minutes of February 13, 2006. (8) Development Services Advisorv Committee - Agenda of March 1, 2006; Minutes of March 1, 2006; Agenda of February 1, 2006; Minutes of February 1, 2006. (9) Tourist Development Council - Agenda of March 27, 2006; Minutes of February 27, 2006. D. Other: (1) City of Naples Community Redevelopment Aqencv - Annual Report for FY ending September 30, 2005. (2) Area Aqencv on Aqinq for Southwest Florida. Inc. - Administrative Monitoring Report for Collier County Human Services dated February 13, 2006. H:\DA T A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\041106 misc corresp.doc 1611~ Clerk of the Circuit Court Collier County, Florida :3 Finance & Accounting Department MEMORANDUM Date: To: 03/1 0106 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 4, 2006 through March 10, 2006. 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 ofthe official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Misc. 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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 11,2006 through March 17,2006. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. Mise. 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(]) o w ~ ~ ~ o o m .~. f'f (y I H ~ (]) :3 ~ (]) 'd o ~ ~ ~ o ~ ~ ~ '< ~ o f-' f-' H ~ (]) :3 ~ (]) 'd o ~ ~ ~ o ~ ~ ~ '< ~ o f-' f-' I: 11... g ~.. .:;:1... I .~... g. ~ ~ ~ ~. ~ (]) o 'd (]) ~ ~ ~ ~. o ~ Ul 3 ."tJ La 'j;\i'.' ~ J .&i.' .~. .~.. M '(:If .~. .t\i'.. iO\i.. .~. ~.. ~.. \l:I. o 'd (]) ~ ~ ~ ~. o ~ Ul 3 La ~ n .~. i .~. .(:( ~ 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: March 28, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Heritaae Greens Community DeveloDment District 1. Heritage Greens Community Development District has submitted the following item: a. Minutes of November 7,2005 meeting. Thank you :Ispeciallspecial Misc. Corres: oate:~ Item #: t La L l t l Copies to: ~ -.-,..., 1611 Heritage Greens Community Development District Severn Trent Services, Management Services Division 210 N. University Drive, Suite 800' Coral Springs, Florida 33071 Telephone: (954) 7535841. Fax: (954) 753-6183 DATE: March 16, 2006 MEMO TO: Clerk of the Circuit Court Finance Department c/o Derrick Johnssen P.O. Box 413016 Naples, FL 34112-3016 RE: Minutes of the November 7, 2005 Meeting. From: Marilyn Murphy Recording Secretary Enclosed please find for your records a copy of the minutes of the above-referenced meeting of the Board of Supervisors of the Heritage Greens Community Development District, which are to be kept on file for public access during normal business hours. Cc: For information purposes only: J ames Mudd Collier County Manager Gov. Ctr. Admin. Bldg., 2nd floor 3301 East Tamiami Trail Naples, FL 34112 Dan Cox, Esq. P.O. Drawer CC Carrabelle, FL 32322 Ken van Assenderp, Esq. Young, vanAssenderp et al. P.O. Box 1833 Tallahassee, FL 32302 RECEIVED MAR 2 1. 2006 +=INANCF: DE'Y Keefe, McCullough & Co., LLP 6550 N Federal Highway Suite 410 Fort Lauderdale, FL 33308 1611 MINUTES OF MEETING HERIT AGE GREENS COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Greens Community Development District was held on Monday, November 7, 2005 at 6:00 p.m. at the Heritage Greens Community Center, 2215 Heritage Greens Drive, Naples, Florida. Present and constituting a quorum were: Paul Pacchiana Curt D. Miller Teri Costabile James Keller Michele Shelton Chairman Vice Chairman Assistant Secretary (by telephone) Assistant Secretary Assistant Secretary Also present were: John Petty J ames Carr Manager Engineer Due to failure of the recording equipment, parts of this meeting could not be transcribed. FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 8, 2005 Meeting Mr. Petty stated each Board member received a copy of the minutes of the August 8, 2005 meeting and requested any corrections, additions or deletions. There not being any, On MOTION by Mr. Pacchiana seconded by Mr. Keller with all in favor the minutes of the August 8, 2005 meeting were approved. THIRD ORDER OF BUSINESS Ratification of Resolution 2005-7 Designating Edward Goscicki as Treasurer There being no questions or comments, On MOTION by Mr. Pacchiana seconded by Mr. Keller with all in favor Resolution 2005-7 designating Mr. Goscicki as Treasurer was ratified. November 7, 2005 Heritage Greens elt.> 11 FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer There being no report, the next item followed. C. Manager There being no report, the next item followed. FIFTH ORDER OF BUSINESS Supervisors Request and Audience Comments Mr. Pacchiana asked what is the status of the speed humps? Mr. Carr responded they are all complete. The striping and the reflectors have been completed. I received the bill for 100% of the contracted amount. Mr. Pacchiana asked what about the signs? Mr. Carr stated it is missing from the word of release payment. I am going to call the contractor tomorrow. There are two stop signs as well as the speed hump sign at the beginning of the community. Mr. Petty stated I thought the speed humps were one and two and there was signage for the humps. You have an architectural sign program for this fiscal year. Mr. Miller stated they were putting stop signs along with the speed humps. Mr. Carr stated I know two at Avian Court were supposed to be put in at this time and we discussed two on Morning Sun Lane. Mr. Miller stated we always discussed both intersections having stop signs. If they are paid for, put them in. Mr. Petty stated Mr. Carr and I have not discussed the small amount of street signs in the contract. My concern was on completing the speed humps. If there is exclusion of signs, Mr. Carr can work with the contractor. Mr. Pacchiana asked what about the sidewalks? Mr. Carr stated there were two locations noted in the email. Mr. Petty stated there was a piece by the multi-families never completed. It was not on the county's list, but it was something we can consider doing. Our first run at capital projects for fiscal year 2006 was going to be on performance with the counties punch list. 2 November 7,2005 Heritage Greens clr6 11 Mr. Carr stated when we discussed the budget approved at the last meeting, the sidewalks were included. Mr. Pacchiana asked is it one of the items being required by the county? Mr. Carr responded they have not pointed it out and they may not; however, it is on the approved plan. It needs to be done for the subdivision to be complete. Mr. Petty stated if we are going to be doing sidewalks we should include it in the contract. We are going to do this in accordance with the county's punch list. We will complete the punch list items and the engineer will send a letter to the county stating so. We will see if there are any issues thereafter. There was some discussion regarding the lake plants. Mr. Pacchiana asked where do we stand with the budget? Mr. Petty responded we are good with the budget. The bulk of the money will come in between January and February from the assessments. There are funds we carry over to hold us for the first three months. We do not need to stall projects. I suggest we do what we did with the speed hump project because we meet infrequently. You can give the engineer the authority to do the job of water landscaping up to the budgeted amount. Mr. Carr stated I will get at least two quotes. I checked into one quote today. Mr. Petty stated we will work with him to make sure he does not exceed the limit. If the Board wishes, you can have a member present. You have the authority as Chairman to create committees as you see fit. You can only have one Board member on the committee. We have a committee to oversee the aquatic planting consisting of Supervisor Keller and Mr. John Shelton. They will work with Mr. Carr in discussions with the golf course for a proper maintenance program for the aquatic plants. On MOTION by Mr. Pacchiana seconded by Mr. Miller with all in favor District Engineer was authorized to process a contract for aquatic planting not to exceed the amount specified in the adopted budget for fiscal year 2006 barring no special conditions from outside entities. Mr. Petty stated we have a development; there is a Development Order and the developer is no longer here. There are costs to the community. If the Board feels they should go after anyone regarding these costs, I advise you to discuss it in an open meeting where residents can 3 November 7, 2005 Heritage Greens c1.r6 11 make comments and the attorney is present. It should be an agenda item and the attorney should be present. I will contact him to make sure he is present at the next meeting. SIXTH ORDER OF BUSINESS Adjournment There being no further business, the meeting was adjourned. Paul Pacchiana Chairman 4 16 J 1 AGENDA HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT Monday November 7, 2005 6:00 P.M. Heritage Greens Community Center 2215 Heritage Greens Drive Naples, Florida 1. Roll Call 2. Approval of the Minutes of the August 8, 2005 Meeting 3. Ratification of Resolution 2005-7 Designating Edward Goscicki as Treasurer 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisors Requests and Audience Comments 6. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- 1611 HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 027769 59126433 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 Cor~orate Secretary of the Naples Daily News, a da~ly newspaper published at Naples, in Collier County, Florida: that the attached copy of advertis~ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/31 10/31 AD SPACE: 62.000 INCH FILED ON: 10/31/05 ----------------------------;r---~------------+--------------------------- Signature of Affiant ___~ .~ Sworn to and Subscribed before me this ;?J ~ of {9 t.-fL Personally known by me ~M-"-'-eti ~7 20 LiS ""~'~"'" Harriett Bushong :.~;l>1'i" !;~~~'<. MY COMMISSION # DD2346B9 EXPIRES ':~ ~/'E July 24, 2007 .}::......-$/ aONDEDTHRUTROY FAIN INSURANCE, INC !~',PF,,~\\-' Heritage Greens Community Development District August 1, 2005 Heritage Greens Paul Pacchiana 5425 Park Central Ct Naples FL 34109 Re: Treasurer/Secretary Dear Paul Pacchiana Please be advised that as of August 14, 2005, I will resign as Treasurer/Secretary for the Heritage Greens Community Development District. It has been my pleasure to serve your District and I wish you continued growth and success. Sincerely, Heritage Greens Community Development District f:'- /uI~if James P. Ward jPW/amc 1611 1611 RESOLUTION 2005-7 A RESOLUTION REMOVING JAMES P. WARD AS TREASURER AND DESIGNA TING EDWARD GOSCICKI AS TREASURER OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Heritage Greens Community Development District desire to remove James P. Ward as Treasurer and appoint Edward Goscicki as Treasurer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPER VISORS OF THE HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT: 1. James P. Ward is removed as Treasurer. 2. Edward Goscicki is appointed Treasurer. Adopted this 12th day of August, 2005. 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: March 28,2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Naples Heritaae Community Development District 1. Naples Heritage Community Development District has submitted the following item: a. Minutes of May 16, 2005 meeting. b. Minutes of July 18, 2005 meeting. Thank you :\speciallspecial Misc. Corres: Date:~/ll lOb I Item #: l0 L t E) d- Copies to. ~les Heritage Community Development District 1 6 , 1 SEVERN TRENT MANAGEMENT SERVICES 210 N. University Drive, Suite 800, Coral Springs, Florida 33071 Tel. (954) 753-5841 . Fax (954) 796*0623 DATE: March 20,2006 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department 267l Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 34112-3016 FROM: Ilana Rabone, Recording Secretary RE: Minutes of the Meetings held May 16 and July 18,2005 Enclosed for your records is a copy of the minutes of the above meetings of the Naples Heritage Community Development District, which are to be kept on file for public access. fir Encl: Cc: For information purposes only: Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Mr. Dan Cox PO Drawer CC Carrabelle, FL 32322 Ms. Cindy Rymer GRAU & COMPANY, P.A. 2700 North Military Trail Suite 350 Boca Raton, Florida 33431 r::tEC:\~ !\l}: MAR 2 7 2006 1611 MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, May 16, 2005 at 9:00 a.m. at the Naples Heritage Golf & Country Club, 8150 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Peter Ramundo Frederick Hayes Gerald G. James Jack Spitz Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: Jim Ward Dan Cox Manager Attorney FIRST ORDER OF BUSINESS Roll Call Mr. Lombardi called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the March 14, 2005 Meeting Mr. Lombardi stated each Board member had received a copy of the minutes of the March 14,2005 meeting and requested any additions, corrections or deletions. There are a few changes where Mr. Hayes was credited with a statement that was not him. Mr. Ward stated you can give me the changes and they will be incorporated into the record. On MOTION by Mr. Ramundo seconded by Mr. Spitz with all in favor the minutes of the March 14, 2005 meeting were approved as amended. May 16, 2005 Naples Heritage c16 11 THIRD ORDER OF BUSINESS Public Hearing to Consider Resolution 2005- 4 Adopting the Budget for Fiscal Year 2006 and Resolution 2005-5 to Levy Non Ad Valorem Assessments Mr. Lombardi stated if you recall we decided to have the public hearing in May because of the problem we had in September with getting a quorum. We viewed the budget and made adjustments at our last meeting. The budget you are viewing now is the budget we will be presenting at this public hearing. Mr. Spitz asked what is a budget? Is it not figuring out all the expenses you have and where the money is going to come from to pay for it? It is a balancing situation. Mr. Ward responded your budget has to balance by law. Mr. Spitz stated we do not want to end up with excess cash in our CDD. The last five years we ended up with $70,000 more in cash than we needed. I do not think we need to assess for something they will never see and never get. If the CDD buys anything with the money it is public assessable, we had this problem with the land. Our roads are public and state law precludes the driving of unlicensed and uninsured vehicles on it but the public does not know it. If we have a major catastrophe and we have to replace the roads, the guardhouse and everything we can float a bond issue to do it. Keeping $200,000 in a fund is a drop in the bucket, we should budget our money to best benefit the residents, let the future tax payers pay for any reconstructions so we do not have the current tax payers paying for something they mayor may not get the benefit of in the future. I propose we use our available cash and have no assessments. The CDD is a nonprofit governmental unit. We do not need money. As stated in the minutes when we were going to buy the land we had $150,000 we do not know what to do with. Nowhere in the CDD does it mention reserves as it does in the HOA, which requires a reserve. A budget is only a device of getting actual income. Mr. Hayes stated it makes sense to me but I am new on the Board. Mr. James stated I would be in agreement to drop the assessment but I do not think you will be able to do it every year. You are going to have to have something. You should have money in the budget to cover things when they come up. I am in agreement that we do not need $200,000 in the bank but you cannot do away with all of it. Mr. Spitz stated we should bring it down and keep it at $50,000 just in case something comes up; that makes sense but we do not need $200,000. Mr. Ramundo stated in regards to the amount of surplus we received over the last four or five years a lot of it was do to mandated federal programs we were required to budget for and in 2 May 16, 2005 Naples Heritage cl, 6 11 both instances very little of the money was spent. I do not necessarily agree with the point you made about us being prohibited from spending any of the money on certain projects within the community and for the benefit of the community. We should try to explore it to see if there are things we can do for the community with some of the money. I know we talked about the land and the question came up that once we purchased the land the land is available to the public. The issue is who is going to come in here and use the facilities. True if they come in they have the right to use them, but who is going to use them if the land is ever developed? The decision was made not to do that. We can certainly identify some public works projects or something we can possibly do. Mr. Ward stated I am not going to debate the use of the $200,000; that is for you to decide. One of the two programs you referenced is the NPDES program, which was budgeted in 2005 for $10,000, and it is not in place at this time but at some point it will come into reality and you will need to use some of the reserves for that. For the GASB 34 implementation we budgeted $5,000 and we were very fortunate in spending around $1,400. With respect to the public access issue, let me try to clarify it for you. There are two separate issues going on. First, if the public improvement is financed with municipally issued bonds then because those bonds are considered tax-exempt under federal law the definition of public is broader than just the community itself and as a result t once you begin paying for that asset from those bonds then you have to broaden who can come in and utilize the asset and it is always beyond the community, pretty much anybody. If you fund the asset from cash within your own funds state law, although unclear, rides on the side of the governmental agency at the moment. There are a couple of Florida Supreme Court cases out there to that extent. Essentially you can limit the use of the asset if it is funded with your existing cash because you did not fund it with tax-exempt proceeds of bonds, notes or anything of that nature, and you can limit the access to the residents within your community. It is not the clearest in the law and everybody I have talked to, including Mr. Cox and his partner, are willing to vehemently argue the point in court if ever challenged as long as it is not funded with tax-exempt municipal bonds. Mr. Ramundo stated if there is a project funded by bonds then it has a broader public use than from our operating budget. Mr. Cox stated that is using the term bond loosely. It is any tax-exempt financing. 3 May 16, 2005 1611 Naples Heritage COO Mr. Spitz stated Mr. Ramundo is right in what he said, the reason we have the surplus is because we put aside in the budget for all these projects that never came to pass. Let's give it back to the people. Mr. Lombardi stated I have another way. Currently the CDD has an agreement with the Master HOA to maintain all of the properties the CDD owns. Are we prohibited from saying we are going to pay for some of the maintenance which needs to be done in the community? Can we do that? Mr. Ward responded yes. Mr. Lombardi stated let me tell you what I have in mind. Mr. Spitz asked why would we want to do it? Mr. Lombardi responded because we will be spending the money and the HOA will not need to spend the money, which will help preclude future increases in dues to all the property owners. At the end of this year, or the first of next year, we have to resurface the roads again. The last time it cost $60,000 to $70,000. In addition we talked in the Master HOA board meetings and the Presidential Council meetings about cleaning the gutters and the sidewalks. The reason we received from the current staff as to why it could not be done was not having sufficient money in the budget to cover it. What I have in mind is the CDD funding the cleaning of the sidewalks, curbs and resurfacing of the roads. It will take up somewhere between $80,000 and $90,000. I would rather have us spend money improving the community than not having any payments to the CDD over the next three or four years. By doing this it improves the entire community and maintains the real estate values of our property. As you know we have $150,000 in a bond, which matures in August, 2005. I propose we leave the budget as we originally discussed and make a motion today to fund the two items I talked about. We can do this for as many years as we can afford to do it to ensure it is done and the homeowners would not have to put out more money for the work in the form of an increased annual fee. The money in there now has been paid for by the current and past property owners and any money we spend should be for the benefit of the property owners. Let's assume you have no fee for three or four years to any of the property owners to maintain and operate the CDD then all of the sudden you need $20,000 and you put it back on again. You are going to have all of the questions and queries we had in the past. I recommend leaving the budget as we approved at the last meeting and then make a motion to fund the surfacing of the streets and the cleaning of the gutters and sidewalks. 4 , May 16, 2005 1611 Naples Heritage CDD Mr. Ramundo stated this year there is a $20,000 increase in the fund balance from the two federal programs. We found out we did not need to have an audit of our books because our appropriations are less than $100,000, that is the $20,000. Our budget is tight and right online with the amount. Mr. Spitz stated if we overbudgeted let's take a year and do not overbudget. You are right; we did stop the $5,200, but we paid three years for certified statements totaling $16,500 that we did not have to pay for. Mr. Lombardi stated we did not know that. Mr. Ward stated actually the law changed this past year raising the threshold from $50,000 to $100,000. Mr. James stated you also have to consider we are reducing it from $71.35 to $42.46. Mr. Spitz stated reduce it to nothing. Mr. Lombardi stated I am not in favor of that. Mr. James stated I have to agree with Mr. Lombardi it would be more beneficial. Mr. Spitz asked to who? Mr. Lombardi responded to the community. Mr. Spitz stated that is why we have maintenance with the HOA's. Mr. Lombardi stated it is one pocket or the other. This way we have the money now and we do not have to go back to the community association to ask for more money from the property owners. I think this is more beneficial to the property owners. Mr. Ward stated I believe your chairperson is absolutely right on point with respect to how to do it correctly. If you have a District trying to maintain an assessment level at a reasonable number from year to year it is more beneficial to you. Once you lower it dramatically and then you raise it back up again the explanation is extremely difficult. If you have excess funds and you can use it to benefit your residents more long term and increase your property values that is exactly what you should to be trying to do. Mr. Spitz stated all of the residents do not know what the CDD is anyway. Mr. James stated we are going to show them what functions it can do. Mr. Hayes stated I do not know how any of the residents can really complain about $42 a year when in the past they have been paying $70 and $80. Mr. Ramundo stated our appropriation has dropped from $60,000 down to $36,000 when all of those things were eliminated from the budget. 5 May 16, 2005 16' 1 Naples Heritage CDD Mr. Ward stated if you do both of those programs I need to add the audit back in or you need to carry some more money forward to cover it. Mr. James asked why? Mr. Ward responded you go over the $100,000 threshold for budget purposes. Mr. James stated it cost $70,000 last time. Asphalt is an oil-based petroleum product; you may be looking at $100,000 just for that project. Mr. Spitz stated you have a contract with the HOA to maintain these roads and we are going to say do not worry about the contract, we are going to pay for it. Is that what we are going to do? Mr. Lombardi responded we have the money. Mr. Ramundo asked what difference is it if the money is spent in this way for the entire community or giving the money back by not having an assessment? The same people are benefiting whether the money is spent here or we give it back to them in the form of a rebate. What is wrong with putting the money back in the community? This work has to be done and it has to been done within the budgetary figure we have now or the dues have to be raised every year for it. I do not see any difference. Mr. James asked are you saying if we spend $110,000 we will incur a $5,000 audit fee? Mr. Ward responded yes. Mr. Lombardi asked any other discussion? Mr. Ward responded the way you implement this is actually to modify the budget. Mr. James asked we cannot approve this budget? Mr. Ward responded you can approve the budget but in order to spend the money you have to amend the budget. It is better to include it from the beginning; all you are doing is moving fund balance anyway. Mr. Ramundo stated we do not have enough information. We do not know what it is going to cost and we need to have some sort of confab with the HOA. Mr. Lombardi stated in the past I believe we amended the budget at a future date. Mr. Ward stated you can. You do not meet often so I was going to give you the opportunity to go ahead and do it. Mr. Ramundo stated I would rather stay with the budget we have and go from there. Mr. Cox asked do you want Mr. Ward to get with the district engineer and get you an idea of what the resurfacing would cost? 6 May 16, 2005 1611 Naples Heritage COO Mr. Lombardi responded no. We dealt with a company the last time and they are as good as any company to get an estimate from. Mr. James asked when is our next meeting? Mr. Lombardi responded October. Mr. James stated the bond is still in the bank until August. Mr. Lombardi stated we can put it in a money market account. Mr. James stated I am saying you are not going to be able to use the money until August. Mr. Ward stated now that I know what you want to do, we will open it up to any public comment or testimony you may have with respect to the adoption of the budget. Mr. Ward opened the public hearing. Ms. Ellis Cunningham, a resident, stated I do not have a problem paying a nominal fee. One thing on the roads is the last time they did the resurfacing it was just a spray. The road company did say we are going to have to resurface, which is going to be a lot more money than what we spent the first time. I would rather you take the money and redo the roads and gutter, appropriate the $100,000 and work with our HOA board on how best to spend the money for the community, instead of putting restrictions on it. Mr. Lombardi stated because of our ownership of this property any improvement or maintenance has to be on property we already own. Ms. Cunningham stated there was a guy walking around with a pressure washer trying to clean sidewalks. I am just saying set aside money for improvement and work with our HOA board; do not designate particular projects. Mr. Spitz stated we do that. There is a reserve in the HOA budget for roads. The roads they figure are $487,000 and we have been putting money in the reserve for resurfacing the roads in the HOA. This is duplication; we do not need the money. Mr. Ken Lahti stated I am encouraged to even hear the word cooperation between the HOA and the CDD. I have been one who has been poking to get rid of the CDD because I have seen no use to them. I do like the idea of helping to pay for some of the projects the HOA has taken over. Mr. Lombardi stated if you could identify things between now and October that you would like done from the Board and come to us at our October meeting, we will certainly give consideration to it. You know the Board is agreeable to spend some of the money we have to fund projects within the association. 7 May 16, 2005 1611 Naples Heritage CDD Mr. Ward stated I will walk you through the motions you need. The first is a motion to close the public hearing. On MOTION by Mr. James seconded by Mr. Hayes with all in favor the public hearing was closed. Mr. Ward stated the second is a motion to adoption Resolution 2005-4. On MOTION by Mr. Ramundo seconded by Mr. James with Mr. Lombardi, Mr. Ramundo, Mr. James and Mr. Hayes voting aye and Mr. Spitz voting nay Resolution 2005-4 Adopting the Budget for Fiscal Year 2006 was adopted. Mr. Ward stated the final resolution is Resolution 2005-5. On MOTION by Mr. Ramundo seconded by Mr. Hayes with all in favor Resolution 2005-5 levying a maintenance assessment within the Naples Heritage Community Development District was adopted. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There being no report, the next item followed. B. Manager - Financial Statements Mr. Ward stated I have nothing unless you have questions on your financials. Mr. Lombardi stated we have a problem with financials. Weare assuming our books and records are kept on an accrual basis. Mr. Ward stated they are not. They are kept on a cash basis. Mr. Lombardi stated then that solves the problem. Mr. Spitz stated no it does not. The question is why? Mr. Ward responded it is a $36,000 budget. We do not make accruals on this small of an entity at month end. Mr. Spitz asked do you make them at all? Mr. Ward responded at year-end. Mr. Spitz stated these are meaningless when we are looking at them. 8 May 16, 2005 Naples Heritage cJ 6 11 Mr. Ward stated they are not meaningless; they are a guidance. Mr. Spitz stated in the accruals there is a property tax collector we do not pay until October after our fiscal year. It is never brought back into the fiscal year it belongs to, it is applied to the next year. Mr. Ward stated that is correct. I have 180 agencies I do that for so I do not think I am wrong. Mr. Spitz asked why do we budget for it in this fiscal year and we are offsetting it by the payment in the prior year? Mr. Ward responded they never agree. They are estimates to begin with from the property appraiser and the tax collector. Mr. Spitz stated accrual basis means you are going to apply the expenses in the year for which they belong. Mr. Ward stated that is true. Mr. Spitz stated in this case you are taking the expenses that you estimate for next year and applying it against the expenses you paid for the year before. It does not make sense to me. Mr. Ward stated the only reason we do it that way is it is only the appraiser not the collector. Mr. Spitz stated they are deducted initially, no problem. Mr. Ward stated they are deducted so it is an $800 issue you are raising. Mr. Spitz stated it is only $800 at this point. Mr. Ward stated it is not billed by the appraiser until after year-end and as a result you can treat it as an expense in the current year. Mr. Spitz stated on an accrual based tax basis it means you bring it back. Mr. Ward stated I am not going to debate it. If you want me to accrue it. I could care less it is $800. Tell me what you what you want to do. I do 180 agencies the exact same way. You can treat it either way. I choose to treat it, as an accountant, in the year in which it is billed. Mr. Spitz stated you have answered it. FIFTH ORDER OF BUSINESS Supervisor's Request and Audience Comments Mr. James asked who is going to be our representative with Severn Trent since Mr. Adams is gone? Mr. Ward responded me. 9 1611 May 16, 2005 Naples Heritage COO Mr. James stated Mr. Adams is the one who said we should hang on to Severn Trent because now we have a local representative and he was gone three days after he said it. Mr. Ward stated I am in the process of hiring someone, but for quite sometime I will be here. Mr. Lombardi stated to be honest with you we have more faith in you than anybody who has been here. We feel you know the law and also have experience with other CDD's. We have found the people who have came representing your firm do not have the knowledge you do and every time we ask a question the response is I will have to go back and find out. Mr. Ward stated thank you. I will be here for some time especially since you do not meet often. Mr. James stated would it be possible for Severn Trent to compose a letter to the Master Board concerning the CDD. At a public meeting Ms. Ellie Cunningham said, "they dissolved the CDD at Foxfire, they dissolved the CDD at Countryside, and we have turned over all of the CDD assets to the HOA so it is unnecessary to have a CDD." All three of those things are untrue. Mr. Ward responded there were no CDD's in those two projects. Mr. James stated Mr. Howard Layler said the same thing. Mr. Ward stated it is more appropriate if it came from your chairperson, because they know you and they do not me. I will write the letter. Mr. James stated I do not know the source, I know it has been said that Foxfire did have a CDD as did Countryside. Also the fact they say the homeowners now have all the CDD assets because we turned them over to them is incorrect. Mr. Ward stated that part I cannot tell you anything about, but in terms of Foxfire and Countryside I can write a letter stating there are no CDD's over those properties. Mr. James stated the CDD cannot hand over their assets. Mr. Cox stated let me try to clarify it. In order to dissolve a CDD, the CDD has to have absolutely no maintenance responsibilities. We are obligated under the SFWMD permits to be the operating entity of the surface water management system within the boundaries of this community. We have contracted with the HOA to do the maintenance of that. Ultimately if the maintenance is not done and there is a permit violation it is the CDD who is going to be responsible. We have to be in a position with funds to respond in the event of a notice of violation or an emergency situation which could lead to a notice of violation. You need to keep that in mind when you start spending the $200,000. You are obligated by the Army Corps of 10 May 16, 2005 '1 611 Naples Heritage c'bo Engineers permits and the SFWMD permits to do the wetlands mitigations and compliance Issues. Mr. Lombardi stated in the past when there were violations with the preserve areas they wrote to us asking us to correct it. We went to the HOA, but if they didn't we were responsible. Mr. James stated we currently have a violation of our preserve. Mr. Lombardi asked who says? Mr. James responded if this letter from Mr. Ward to Guthries in 2002 is correct they had photographs of the conservation area where they had sprayed to kill the weeds. They had sprayed along all of the fairways and cut trees down. I got two reasons why they were able to do that in our preserve. One was they got permission from an agency to do that and the other was someone told them if anything hangs over and it is an impediment to the landscape crews cutting they were able to cut those trees down. Mr. Ward stated part two is not true; part one is if they really received permission. Mr. James asked if in fact they did have this permission, did anyone receive a copy of it in writing? Mr. Ward responded no. Mr. Lombardi stated the Master HOA has a contract to maintain our preserves. The preserves are reviewed periodically by some state agency and if there are any violations they come to us and ask us to correct it. The complaint you are talking about occurred along time ago and has since been resolved. Mr. James asked what was the resolution? Did they grow plants where they killed them? Mr. Lombardi responded I have no idea. All I know is there have been no further complaints. Mr. James stated they sprayed again in the last three or four months. Mr. Lombardi asked who sprayed? Mr. James responded the CDD did not authorize anyone to spray or cut trees so who did? Mr. Lombardi responded the HOA has a contract with a firm to maintain the preserve area. Mr. Ramundo stated the firm is the one spraying. Mr. James stated someone has to pay them to spray. Mr. Spitz stated we pay them $60,000 a year to maintain it. Mr. James asked why is it incorrect to spray in 2002 and okay to do it in 2005? 11 May 16, 2005 1611 Naples Heritage COD Mr. Ward responded they do have to contain the melaleuca. Mr. Lombardi stated they are professionals who maintain preserve areas. They are not our employees we contract with them. Mr. James stated they are responsible for the preserve. If it is improper to cut trees and spray in the preserve then someone is not doing you a favor. Mr. Lombardi stated it is not improper to spray. There are certain things they do have to spray for and they legally obligated to. Mr. James stated it is not the same thing. They spray 15' to 20' wide along all of the fairways and kills all of the plants. Mr. Lombardi asked are you concerned that the violation from 2002 still exists? Mr. James responded it is reoccurring. Mr. Lombardi asked how do you know? Mr. Ramundo responded there were people on the course recently spraying. As to whether it was within the confines of the maintenance of the preserve area that is engaged by the HOA. Mr. Spitz stated they were cutting down trees. Mr. Lombardi stated they have the authority to do so within the scope of maintaining the preserve areas, based on their contract with us and their agreement with the county or state agency that review their work. If that letter was written in 2002 I feel that in this time between 2002 and 2005 there was some resolution made. I have not seen a copy of it, but if it was not resolved at that time we certainly would have gotten another letter. Mr. Ward stated if they corrected the situation, it is okay. Mr. Lombardi stated write a letter to the HOA and ask if there is an violations currently in existence. Mr. James stated and if they have permission from someone to do so do they have it writing. Mr. Spitz stated and has it been inspected and in accordance with the rules. Mr. Ramundo stated according to the letter spraying carte blanc is not allowed. Mr. James stated in this instance, it stated someone had provided you with photographs. I know for a fact that Mr. Leon Case lives at the end of Colonial Court, and somebody came along from code enforcement and said that it had been brought to their attention he had been planting 12 May 16, 2005 1611 Naples Heritage COO trees in the preserve. I will not give you a citation at this time but I will be back in thirty days and those trees will be moved. Somebody spotted those trees. Mr. Ward stated usually it is your neighbors. Mr. Lombardi asked what would you like done? Mr. James responded if there is in fact permission given to cut and spray in the preserves I would like to see a copy of that permission. Mr. Lombardi stated why don't we get a report from the people who maintain our preserve area. We will make a request of the HOA. Mr. Spitz stated I have a comment and a question. I was at Countryside at the courthouse when they got the roads. The reason they got the roads back was it was never a CDD; it was owned by Collier County. We had a lawyer and he gave a big speech and when they looked into it they found out they never had to put a penny into those roads, so they said yes you can have them back and maintain them and that is the only way they have the gates there. As far as Foxfire iis concerned, they are 30 years old and I do not think CDD's existed then. What is happening with littoral is that we have five years with US Homes to keep going? Some of it has died and they are to keep 80% of it going. Mr. Ward responded again you have assigned the maintenance responsibility to the Master HOA and they should be able to tell you that. I certainly cannot. If there are littoral shelves that are dying then the Master HOA needs to tell us that and we can correspond with US Homes. Mr. Lombardo stated you have to wait until they start growing up again to determine how much is destroyed. Mr. Hayes asked why would US Homes sanction some communities with CDD's and not others? Mr. Spitz responded financing. Mr. Ward stated they pretty much do them on every community these days. There are two benefits to CDD's. One is operations and maintenance. US Homes takes a different approach to that than frankly most all of my CDD's. Where there is maintenance the obligations you have in the HOA are really functions of the CDD and is what we are here for and we do it. Secondly in this state it is difficult to finance the level of improvements with the growth management laws we have and no way for government to fund it. The use of the CDD is the 13 16'1 May 16, 2005 Naples Heritage CDD only way developers can build a project such a Naples Heritage where residents moving into the state can pay for those facilities. Mr. Lombardi asked of all your CDD's how many of been disbanded? Mr. Ward responded one. Mr. Cox stated we have one in the process and that is because they were established and then decided to go a different direction and never issued bonds, never put any infrastructure in the ground, and never accepted any responsibility under permit. Mr. Lombardi stated one of the questions we always get from our residents is why can't we disband the CDD and my response has been we can, but you really do not disband it you give it to somebody else which is another municipality such as Collier County and they run it and you would have absolutely no control. Mr. Cox stated correct. One very good point is that since the CDD is obligated under permits from the Army Corps of Engineers and the SFWMD, if you were to dissolve the CDD Collier County or City of Naples or some other independent district will have to accept responsibility for the permits. Mr. Lombardi stated the one problem we have here is that you cannot stop people from spreading rumors or making statements that are untrue. All you can do is grin and bear it. A resident asked will Collier County put those benefits back to Naples Heritage if we asked them? If we dissolve the CDD and we went to the county and asked to have our own assets why would they not revert them back to us? Mr. Ward responded once they are in a public agency it is difficult to impossible to get them out of the public agency. For example the current law in Florida is if you abandon a road, generally speaking, the road goes to the adjoining property owners so you have roads in Naples Heritage that belong not to the Master HOA but to everybody that adjoins the property. In addition to that, it has to be for value. If the county determines there is value in terms of these assets that can be sold they will do that. Mr. Cox stated I would suggest there is no way for the county to accept it in the first place. Mr. Lahti stated Mr. Jim Henning, County Commissioner, at one of the meetings said something about wanting to talk to Naples Heritage about storing water. I do not know what the plans are with that and I would think that kind of talk would go to the CDD. Mr. Ward stated he needs to call Mr. Cox or I. 14 May 16, 2005 Naples Heritage cJ 6 11 Mr. Lahti asked do those things benefit us? Mr. Ward responded long term they benefit the county and you. Mr. Lahti stated the other thing is what you were saying about rumors and the such, I really think it will help the CDD if you put a public notice about the meetings up on the bulletin board. Mr. Lombardi stated our next meeting will be October 17th. SIXTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. Ramundo seconded by Mr. James with all in favor the meeting was adjourned. erald G. James Assistant Secretary ~4 Peter i, Lo~1 Chairman ~I 15 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ - --- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59032077 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspa~er publ~shed at Naples, in Collier County, Flor~da: 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 ~ublished at Naples, in said Collier County, Flor~da, and that the said news~aper has heretofore been continuously publ~shed 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 05/04 AD SPACE: 113.000 INCH FILED ON: 05/04/05 , ------------------------------------------------~+-----------------------~ Signature of Affiant ~L~ :l-I~Aj. A1ff Sworn to and Subscribed 20~ Personally known by me "AY,fU",. Harriett Bushono .~?,.J;,tr?'(:;. MY COMMISSION # DD2346&9 EXPIRES :.~.~":.ff July 24, 2007 '." ~;F '.\~:-",.ONDtD THRU TR0Y FAIN INSURANCE INC "11'''' 1611 1611 ~~ RESOLUTION 2005-4 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2006 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed General Fund Budget for the ensuing fiscal, year; and WHEREAS, a public hearing has been held on this 16th day of May, 2005, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; 1. The General Fund Budget heretofore submitted to and approved by the Board for the purpose of setting the public hearing is hereby amended and .adopted as the final General Fund Budget of the District for Fiscal Year 2006. 2. A verified copy of said final General Fund Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings". Adopted this 16th day of May, 2005. ;J,tk.. ~. /~ ~ Peter 1. Lombardi Chairman /?7/I'W/P W/M4 Jame~P. Ward Secretary 1611 Naples Heritage COMMUNITY DEVELOPMENT DISTRICT General Fund Budget Fiscal Year 2006 Ai:!optet! May 16th, 2005 Revenues: Interest Income Carryforward Fund Balance Assessment Levy Total Revenues: Expenditures: Professional and Admin Fees: Board of Supervisor's Fees Engineering NPDES Program Legal Audit Manager Accounting Accounting - GASB 34 Supervisor of Elections Travel & Per Diem Telephone Postage Rentals & Leases Printing and Binding Legal Advertising Office Suppl ies Annual District Filing Fee Insurance Contingendes Total Prof & Admin Fees Other Fees and Charges: Tax Collector Property Appraiser Revenue Reserve Total Other Fees & Chgs $630 $175 $6,000 $129 $47,959 $0 $844 $0 $844 Naples Heritage Community Development District General Fund Budaet for Fiscal Year 2006 Adopted 1611 Amounts Received or Expended $250 $175 $6,000 $500 $55,234 $0 $175 $5,000 $135 $13,972 $100 $0 $1,000 $365 $21,621 Final Budget Year to Date Projected to 0'.1 Budget FY 2004 FY 2005 2/28/2005 9/30/2005 Total FY 2006 $5,092 $2,500 $1,347 $1,886 $3,234 $3,000 $0 $0 $0 $0 $0 $0 $52,164 $57,009 $50,919 $6,090 $57,009 $33,929 $57,256 $59,509 $52,266 $7,977 $60,243 $36,929 $6,859 $6,459 $2,153 $4,306 $6,459 $6,459 $630 $1,000 $0 $1,000 $1,000 $1,000 $0 $10,000 $0 $0 $0 $0 $2,200 $1,500 $0 $1,500 $1,500 $1,500 $5,200 $5,200 $0 $0 $0 $0 $12,000 $10,000 $2,500 $7,500 $10,000 $10,000 $6,000 $6,000 $1,500 $4,500 $6,000 $6,000 $0 $5,000 $1,360 $0 $1,360 $0 $1,977 $0 $0 $0 $0 $0 $283 $0 $0 $0 $0 $0 $377 $400 $93 $150 $243 $250 $873 $750 $341 $300 $641 $500 $2,400 $0 $0 $0 $0 $0 $927 $1,000 $215 $400 $615 $750 $1,299 $1,000 $500 $500 $1,000 :1/ll $1,000 $1,140 $0 $1,140 $855 $819 $0 $2,280 $0 $2,280 $4,275 $819 $3,420 $59,509 $14,792 $25,041 $0 $37,474 ($17,064) Total Appropriations $48,803 $100~<% $1751:':; $6 000 '.;.. i...,;.. I : o,i. $500. .1l.....':.~...1;.... - $35,594 i~, i~ $1,140ril $819 'llri IW~ $2 280 '!"." t_~~jl $4 239 '..:1.&.. "..~: ',;'~ ,}~i .:,)- ," $39,833 :. ~ $250 $175 $6,000 $500 $34,384 $679 $509 $1,357 $2,545 $36,929 Net Income From Operations $0 $8,453 Fund Balance Audited 9/30/2004 Projected Fund Balance 9/30/2005 1 f $20,410 ~ $189,384 $209,794 Naples Heritage Community Development District Budget - General Fund 001 Fiscal Year 2006 Revenue: Interest Income Carryforward Fund Balance Assessment Levy Appropriations: Professional Fees: Board of Supervisor's Fees Engineering NPDES Program Legal Audit Manager Administrative Fees: Accounting Telephone Postage Printing and Binding Legal Advertising Office Supplies Annual District Filing Fee Insurance Contingencies Other Fees & Charges: Tax Collector Property Appraiser Revenue Reserve Total Revenue: Subtotal: Subtotal: Subtotal: Total Appropriations: Assessable Units Assessment Per Unit FY 2005 799 $71.35 FY 2006 799 $42.46 2 1611 $3,000 $0 $33,929 $36,929 $6,459 $1,000 $0 $1,500 $0 $10,000 $18,959 $6,000 $250 $500 $750 $1,000 $250 $175 $6,000 $500 $15,425 $679 $509 $1,357 $2,545 $36,929 Naples Heritage Community Development District Budget - General Fund 001 Fiscal Year 2006 Personal Services Supervisor's Fees The amount paid to each Supervisor for the time devoted to the District business and monthly meetings. The amount permitted is $200.00 plus payroll taxes per meeting for each Board member. Professional Services Engineering Consists of attendance at scheduled meetings of the Board of Supervisor's, offering advice and consultation on all matters related to the works of the District, such as bids for yearly contracts, operating policy, compliance with regulatory permits, etc. Legal Requirements for legal services are estimated and also cover such items as attendance at scheduled meetings of the Board of Supervisor's contract preparation and review, etc. Audit The District is required to annually undertake an independent examination of its books, records and accounting procedures. This audit is conducted pursuant to State Law and the Rules of the Auditor General. Because the District's annual revenues and expenditures do not exceed $100,000.00, there is no audit required. Management The District retains the services of a consulting manager, who is responsible for the daily administration of District business, including any and all financial work related to the Operating Fund, and preparation of the minutes of the Board of Supervisors. In addition, the District Manager prepares the Annual Budget, implements all policies of of the Board of Supervisors, and attends all meetings of the Board of Supervisors. Total Professional Services: 3 1611 $6,459 $1,000 $1,500 $0 $10,000 $18,959 Naples Heritage Community Development District Budget - General Fund 001 Fiscal Year 2006 Administrative Services: For Services rendered in the daily operation of the District Accounting Telephone Postage Printing and Binding Legal Advertising Office Supplies Annual District Filing Fee Insurance The District carries Public Officials Liability and General Liability Insurance. The Limit of Liability is set at $2,000,000.00. Contingencies Total Administrative Services: Other Fees and Charges: Tax Collector Fees are based upon Fiscal Year 2005 Assessments to be collected. The Tax Collector's fees are 2% of assessments levied. Property Appraiser Fees are based upon Fiscal Year 2005 Assessments to be collected. The Property Appraiser's fees are 1.5% of assessments levied. Reven ue Reserve The District currently reserves, and State Law permits the District to appropriate 96% of estimated revenues, which will cover discounts and non-payment of assessments. Total Other Fees &. Charges: Total Appropriations: 4 1611 $6,000 $250 $500 $750 $1,000 $250 $175 $6,000 $500 $15,425 $679 $509 $1,357 $2,545 $36,929 1611 RESOLUTION 2005-5 A RESOLUTION LEVYING A MAINTENANCE ASSESSMENT WITHIN THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 2006 WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District finds that the assessment for operation and maintenance of the District during 2006 will amount to $33,929.00; and it is hereby determined that said maintenance is required within the District; WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District finds that the assessment for debt service of the District during 2006 will amount to $0; and it is hereby determined that no debt service is required for the District; WHEREAS, the Board of Supervisors of the Naples Heritage Community Development District finds based upon the reports of the District Manager and District Engineer, , and that the amounts of the maintenance non-ad valorem assessments are fairly and reasonably apportioned between benefited parcels in proportion to the benefits received by each parcel; and NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; 1. That a maintenance assessment in the total sum amount of $42.46 be and the same is hereby levied upon each tract or parcel of land within the Naples Heritage Community Development District. 2. That the collection and enforcement of the aforesaid assessment shall be at the same time and in like manner as Collier County taxes. All assessments shall be subject to the same discounts as Collier County taxes. 3. That the said maintenance assessment levy and the lists of lands included in the District to be levied upon are hereby certified to the Collier County Property Appraiser to be extended on the County Tax Roll and shall be collected by the Collier County Tax Collector in the same manner and time as Collier County taxes. The proceeds therefrom shall be paid to the Naples Heritage Community Development District. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with the law. 1611 PASSED AND ADOPTED this 16th day of May, 2005, by the Board of Supervisors of the Naples Heritage Community Development District, Collier County, Florida. /t::lhU4 / ~/o/! ~ Jame;l' Ward Secre ary fJ~9' ~~ Peter 1. Lomoardi Chairman 1611 Naples Heritage Community Development District Balance Sheet Balance Only For the Period from April 30, 2005 to April 30, 2005 Balance Assets Cash in Bank Securities 73,208.48 150,000.00 Total Assets 223,208.48 Liabilities & Equity Liabilities Equity Fund Balance Unreserved Retained Earnings 189,383.55 33,824.93 Total Equity 223,208.48 Total Llbilities & Equity 223,208.48 16 I 1 NAPLES HERITAGE GENERAL FUND 001 STATEMENT OF REVENUE AND EXPENDITURES FOR THE PERIOD ENDING APRIL 30, 2005 Current Month V-T-D V-T-D Budaet % of Bud. Revenues CARRYFORWARD FUND BALANCE 0.00 0.00 0.00 INTEREST INCOME MISC 0.00 20.77 0.00 INTEREST INCOME - INVEST 157.24 1,614.31 2,500.00 64.57% ASSESSMENT LEVY 2,234.18 53,152.88 53,589.00 99.19% TOTAL REVENUES 2,391.42 54,787.96 56,089.00 97.68% Current Month V-T-D V - T -0 Budaet 0/0 of Bud. Expenses BOARD OF SUPERVISORS FEES 0.00 3,229.50 6,459.00 50.00% MANAGEMENT FEE 0.00 4,999.98 10,000.00 50.00% ACCOUNTING 0.00 3,000.00 6,000.00 50.00% ACCOUNTING-GASB 34 0.00 1,360.00 5,000.00 27.20% AUDIT FEE 0.00 0.00 5,200.00 0.00% LEGAL FEES 0.00 211.00 1,500.00 14.07% ENGINEERING FEES 0.00 0.00 1,000.00 0.00% NPDES PERMIT FEES 0.00 0.00 10,000.00 0.00% TELEPHONE 0.00 182.30 400.00 45.58% POSTAGE 0.00 547.73 750.00 73.03% INSURANCE 0.00 5,000.00 6,000.00 83.33% PRINTING & BINDING 0,00 418.98 1,000.00 41.90% LEGAL ADVERTISING 156.52 813.24 1,000.00 81 .32% OFFICE EXPENSES AND SUPPLIES 0.00 71.16 250.00 28.46% CONTINGENCIES 0.00 134.73 500.00 26.95% PROPERTY APPRAISER 0.00 819.41 855.00 95.84% ANNUAL DISTRICT FILING FEES 0.00 175.00 175.00 100.00% TOTAL EXPENSES 156.52 20,963.03 56,089.00 37.37% FUND TOTAL REVENUES 2,391.42 54,787.96 56,089.00 97.68% FUND TOTAL EXPENSES 156.52 20,963.03 56,089.00 37.37% NET REVENUES - EXPENSES 2,234.90 33,824.93 0.00 1611 MINUTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, July 18,2005 at 1:00 p.m. at the Naples Heritage Golf & Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida. Present and constituting a quorum were: Peter J. Lombardi Frederick Hayes Gerald G. James Jack Spitz Chairman Assistant Secretary Assistant Secretary (via phone) Assistant Secretary (via phone) Also present were: James Ward Manager FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the May 16, 2005 Meeting Mr. Ward stated each Board member had received a copy of the minutes of the May 16, 2005 meeting and requested any additions, corrections or deletions. Mr. Lombardi stated there are a few typos only. It referred to me as Mr. Lombardo and Ellie as something else. Mr. Spitz stated on page three result was spelled improperly. Ellie was spelled Ellis. Mr. James stated I have a correction on page ten. Mr. Spitz asked was it Mr. Harold Lawler? Mr. James responded no, although that is incorrect. Below the center of the page, it says Mr. James stated I do not know the source, I know it has been said that Foxfire did have a CDD. It was said they did not and Countryside did not. Change did have to did not. Mr. Spitz stated the name Lawler is spelled wrong on the page. In the third paragraph remove the word came. 16 , 1 r1 July 18, 2005 Naples Heritage COO On MOTION by Mr. Hayes seconded by Mr. James with all in favor the minutes of the May 16, 2005 meeting were approved as amended. THIRD ORDER OF BUSINESS Discussion of Road Maintenance Issues Mr. Lombardi stated we received three estimates for the road. One estimate came back at about $49,000, one came back at $60,000 and one came back at $69,000. I had an extensive interview this morning with the guy with the $60,000 estimate. The guy with $49,000 estimate, all he has ever done is residential driveways. I do not believe we want that guy to do our work because I am afraid we will get started, get stuck, not have enough people and not finish the job. The one I am recommending had two bids; one was about $59,000 for all the roadwork and an extra $1,000 to do all the patchwork. Mr. James, do you remember talking about the area where you and Mr. Hayes live? Mr. James responded yes. Mr. Lombardi stated he looked at all of those cracks. He has a specific process he goes through. He uses a block of tar and melts it down. He cleans out the crack and the area, then puts this melted tar in there and then comes back to put a coating on top of that. They do all of this before they put the covering on the roads. I have more faith in him that he can do it. We also ran down a list of projects he has done. I ask Mr. Ward to read this list of projects. Mr. Ward stated Sterns Motors on Airport Pulling Road. Mr. Lombardi stated that is the big parking lot Sterns Motors has. He has done it and it is rather large. Mr. Ward stated North Bury, Wal-Mart in Immokalee, Coastland Mall, Trieste which is a multifamily project in Pelican Bay/Bay Colony and Estancia which is a multifamily project in Bonita Springs. Mr. Lombardi stated what he did for Wal-Mart in Immokalee, he did not actually do the paving or anything like that, but came back after the job was done to fill in all the cracks and do a lot of patchwork. You can imagine how big the parking lot is. He did a lot of the resealing after they did the patchwork. He did not do the whole job. On the rest of the items listed, he did the whole job. I have more faith in this guy. He is a young kid about 30 years old. He has been doing this for eight or nine years and most of his work is between here and Bonita Springs with one major job around Sarasota. My recommendation is to go with this guy. The name of the firm is Black Magic Sealcoating. 2 / , July 18, 2005 Naples Heritage cl6 11 Mr. James asked does he carry his own workman's comp? Mr. Lombardi responded yes. I asked all those questions this morning about worker's comp and licenses. He is licensed, has worker's comp and has bonding insurance. Mr. Spitz stated before I heard about all these figures and everything, I went through the minutes of the meeting and I made some comments. I would like to be able to give you these comments. The CDD has extra funds due to the mandated federal program which were properly budgeted, but never came to pass. If they do come into reality, we will have the funds to cover it. The assessments through taxation for the CDD is about $42 a household which covers current expenses and is very reasonable. Mr. Lombardi stated that is for next year. Mr. Spitz stated right. The HOA has been accumulating money in a separate cash account to pay for the road maintenance which fulfills its obligation under the contract to the CDD to maintain the roads. Why would the HOA members, most of whom do not know much about the CDD, ask to have the contract ignored and have the CDD pay for the road maintenance? What would the HOA do with the money in the reserve account it earmarked for the maintenance and resurfacing of the road? The HOA and the CDD are not controlled corporations. Controlled corporations are two or more corporations owned 50% or more by the same interest. The HOA is owned by 799 members. The CDD is owned by Collier County and the trustees live in Collier County. The original intent of the CDD is to float a bond issue to finance a US Homes project. Nowhere do I see where it has any obligation to help maintain or improve the community it helped to create. That is called charity. I would oppose and not vote for, as I did for the purchase of the land, any expenditure for CDD funds other than its own preservation. Why create complication? If it ain't broke, don't fix it. Mr. Lombardi stated when the protective coating was put on last time we had a special assessment to pay for it. Did you know that? Mr. Spitz responded no. Mr. Lombardi stated the money we have been putting away in the reserves has been for the replacement of that road. What we are trying to do by putting this seal coat on is extend the life of the road. When the time comes that it has to be replaced, there will be sufficient money in the reserve account to replace the road. I forgot the cost of the road. 3 July 18, 2005 1611 Naples Heritage COO ~ J Mr. Hayes stated almost $60,000 to do a I" coating. Mr. Spitz stated in the reserve, we have $487,000. Mr. Lombardi stated yes, but we are going to need a lot more to do the roads right. The CnD has in excess of its current obligations belongs to the property owners. If we can extend the road here in Naples Heritage, then we are contributing to the general welfare of the homeowners assets. Your recommendation, if you recall in the previous minutes, was to give the money back to the people in some proportionate share. We took a vote and said no, we are not going to do that. We are going to use the money to help improve the community. We are improving it aesthetically by making the roads look nice and extending the life of the road by sealing the road itself. I believe we are acting on behalf of all the property owners by putting up money, which is really their money, for a project which is going to cost them less money in the future. Mr. Spitz stated what I said was we should not charge the members. I did not say give anything back. I said charge them little or nothing and use the money in there. Mr. Lombardi stated if you recall, we had a vote on it and we voted against it. It is history and now we have this issue before us. I recommend we go with this Black Magic Seal Coat company and accept his contract. Mr. Spitz asked what is the amount of the contract? Mr. Lombardi responded it is approximately $60,000. Mr. Spitz stated if the contract in addition to our normal expenses go over $100,000 we have to have an audit for $5,000. Mr. Lombardi stated I am aware of that. Mr. Spitz stated because this is a government agency I do believe there will be more costs involved. Mr. Lombardi asked Mr. Ward, what do you think? Mr. Ward responded I love to bash big government, but this is not that. Normally you will be able to remain within the established budget. Mr. James stated it sounds reasonable to me. We have a $36,000 budget and $60,000 for seal coating. Mr. Lombardi stated that is the way I see it too. 4 July 18, 2005 Naples Heritage cJv 6 11 On MOTION by Mr. James seconded by Mr. Hayes with Mr. Lombardi, Mr. James, and Mr. Hayes voting aye and Mr. Spitz voting nay the bid was awarded to Black Magic Seal Coat in the amount of $59,450 plus $950 to fix the cracks contained in their proposal. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There being no report, the next item followed. B. Manager i. Financial Statements ii. Meeting Dates for Fiscal Year 2006 Mr. Ward stated I have nothing for today other than a schedule of meeting dates for Fiscal Year 2006 beginning November 8, 2005 through September 30, 2006. The statute requires you to advertise it to the extent you have normal meeting dates, times and locations. These are consistent with what you have in the current year and unless you have any changes to them we will advertise for Fiscal Year 2006 for these meeting dates, times and locations. Mr. Lombardi asked did you see the copy of our meeting dates? Mr. James responded yes, I see it in the back. Mr. Spitz asked what is the one in September you have? Mr. Ward responded September 11 tho Mr. Lombardi stated I thought we did not need that one. Mr. Ward asked was it September 2006? Mr. Lombardi responded 2006, I am sorry. The first meeting after this one is November. Mr. Ward stated that is correct. Mr. Spitz stated I thought there was going to be one in September. Mr. Lombardi stated we cancelled that one. Mr. Ward stated you will probably end up changing the late 2006 schedule, similar to what we did this year, to accommodate travel schedules. If this is okay with everybody, we will advertise these dates. It does not preclude you from changing them at some point in the future. Mr. Lombardi stated like we have done all year long. Mr. James stated in our minutes, you stated our next meeting will be October 17th. Mr. Lombardi stated yes, but I do not see a need for a meeting at this time. 5 July 18, 2005 J611 e.'l ;;~ Naples Heritage D Mr. James stated that is fine. It is just in the minutes that way. Mr. Lombardi asked do you have a comment on this, Mr. Spitz? Mr. Spitz responded no, I was just going to ask to change it from the 17th because I was not going to be there. Mr. Lombardi stated and now we will not have it In October, we will have it In November. Mr. James asked is that November 8th? Mr . Ward responded that is correct. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. James stated at the last meeting we discussed the HOA having the contractor work in our preserves to spray along the fairways and cutting trees. They said they had permission and I believe Mr. Ward's company was going to see if we can get a copy of the permission. Mr. Ward stated I believe you left the discussion, that the HOA, which was here, was going to provide a copy of it to us. I have not received anything. Mr. Lombardi stated we will make another request. In fact, Phil is here now. Ms. Luft stated I have a question regarding the quote for Black Magic. Rob wanted me to ask whether this consisted of a rubber coating for all of the cracks. Mr. Lombardi stated yes. Mr. Hayes asked what did they do two years ago when they did it? They did not do anything. Mr. Lombardi stated we checked what we paid last year for this same job and it was $64,000. SIXTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. James seconded by Mr. Spitz with all in favor the meeting was adjourned. erald G. James Assistant Secretary jJ~9. ~ Peter J. Lombardi Chairman 6 1611 AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday July 18,2005 1 :00 p.m. Naples Heritage Golf & Country Club Clubhouse 8150 Heritage Club Way Naples, Florida 1. Roll Call 2. Approval of the Minutes of the May 16, 2005 Meeting 3. Discussion of Road Maintenance Issues 4. Staff Reports A. Attorney B. Manager - 1. Financial Statements n. Meeting Dates for Fiscal Year 2006 5. Supervisors Requests and Audience Comments 6. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- 16111 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 59068919 NOTICE OF MEETINGNAP 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 ~ublished at Naples, in said Collier County, Flor~da, 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: 07/11 AD SPACE: 70.000 INCH FILED ON: 07/11/05 :~~~~:~::-:~ -~~~~~~: mmy ~ __~u _~_ _ _ _ _ _+_ _ _ _ __ _ __ m _ _ _ u _ _ _ __ _ _ ~I' Sworn to and Subscribed b~fore me this J/~ day of -:r=.1J 20 0-5 ,- Personally known by me --:(f)r>JlAAA;f! ~ "';~P~'" Harriett Bushong ,if~""'~~~ MY COMMISSION # DD2~6B9 EXPIRE' *\:: July 24, 2007 '-\~'-""II'b:t.l :~ONf)Er'THI1I! TQ(\\I r..6.\~: ;hl~1 i\-' ~"I;': '~,' ....iJI\,;.... ~ , 1611 Naples Heritage COMMUNITY DEVELOPMENT DISTRICT Financial Statements Unaudited June 30, 2005 # 161 1 NAPLES HERITAGE GENERAL FUND 001 STATEMENT OF REVENUE AND EXPENDITURES FOR THE PERIOD ENDING JUNE 30, 2005 Current Month Y-T-D Y-T-D BudQet % of Bud. Revenues CARRYFORWARD FUND BALANCE 0.00 0.00 0.00 INTEREST INCOME - INVEST 175.57 1,974.39 2,500.00 78.98% ASSESSMENT LEVY 72.05 53,592.72 53,589.00 100.01 % TOTAL REVENUES 247.62 55,567.11 56,089.00 99.07% Current Month Y-T-D Y-T-D BudQet % of Bud. Expenses BOARD OF SUPERVISORS FEES 1,076.50 5,139.33 6,459.00 79.57% MANAGEMENT FEE 833.33 5,833.31 10,000.00 58.33% ACCOUNTING 500.00 4,000.00 6,000.00 66.67% ACCOUNTING-GASB 34 0.00 1,360.00 5,000.00 27.20% AUDIT FEE 0.00 0.00 5,200.00 0.00% LEGAL FEES 480.00 691.00 1,500.00 46.07% ENGINEERING FEES 0.00 0.00 1,000.00 0.00% NPDES PERMIT FEES 0.00 0.00 10,000.00 0.00% TELEPHONE 35.69 246.86 400.00 61.72% POSTAGE 188.67 775.39 750.00 103.39% INSURANCE 0.00 5,000.00 6,000.00 83.33% PRINTING & BINDING 56.38 532.24 1,000.00 53.22% LEGAL ADVERTISING 0.00 1,236.17 1,000.00 123.62% OFFICE EXPENSES AND SUPPLIES 185,39 256.55 250.00 102.62% CONTINGENCIES 0.00 134.73 500.00 26.95% PROPERTY APPRAISER 0.00 819.41 855.00 95.84% ANNUAL DISTRICT FILING FEES 0.00 175.00 175.00 100.00% TOTAL EXPENSES 3,355.96 26,199,99 56,089.00 46.71% FUND TOTAL REVENUES 247.62 55,567.11 56,089.00 99.07% FUND TOTAL EXPENSES 3,355.96 26,199.99 56,089.00 46.71% NET REVENUES-EXPENSES -3,108.34 29,367.12 0.00 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: RE: March 17, 2006 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Cedar Hammock Community Development District 1. Cedar Hammock Community Development District has submitted the following item: a. Minutes of October 10,2005 meeting. Thank you :Ispeciallspecial Mile. CaM: DatII:~ / Ii / () (p ltemt:~ Copies to: 1611 Cedar Hammock Community Development District 210 N. University Drive #800. Coral Springs, Florida 33071 . Telephone: (954) 753-0380. Fax: (954) 796-0623 DATE: February 22, 2006 Memorandum to: ATTN: LONNIE U.S. Home Corp. 3957 Sawgrass Run Naples, FL 34112 RE: Cedar Hammock C.D.D. Minutes of the October 10, 2005 Meeting approved at the February 13, 2006 meeting Enclosed for your record is a copy of the above-reference minutes for the Cedar Hammock Community Development District, which are to be kept on file for public access. JPW/lah Ene. FOR INFORMATIONAL PURPOSES ONLY: ATTN. JIM MUDD Collier County Manager Governmental Center 3301 East Tamiami Trail Admin. Bldg., 2ND Fl. Naples, FL 34112 h.,t ?1,(\; ATTN: JAMES L. MITCHELL Clerk of the Circuit Court Finance Dept. 2671 Airport Rd., Court Plaza III PO Box 413016 Naples, FL 34112-3016 MAR 0 2 2006 i David Haughton, CPA Berger, Toombs, Elam & Frank 111 Orange Avenue, Ste 300 Fort Pierce, FL 34950 1611 MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held October 10, 2005, at 11 :00 a.m. at Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida. Present and constituting a quorum were: Ronald Rellinger Donna Lessard Jim Shaw Chairman Assistant Secretary Assistant Secretary Also present were: John Petty Dan Cox Mr. Reed District Manager Attorney FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Organizational Matters A. Appointment of Supervisor to fill the Unexpired Term of Office (11/2006) Mr. Petty stated the first item is the appointment of supervisor if you have considered one. At the last meeting we discussed you have an election in November you may want to wait until then and see what comes up at the election. You can appoint whenever you deem necessary, whenever you have a person you want to put on the Board. It will come from this Board of Supervisors. Mr. Rellinger asked can we consider a name at this particular time? Mr. Petty responded yes. Mr. Shaw stated I have a nomInee and I am going to give this document for minutes. She is a full time resident and her name is Ms. Susan Lymans. I will read the documents, "I have considered my name be introduced for nomination for the CDD Board. My husband and I have been property owners in Florida since 1993, we first purchased in Riviera Fountains and in 2000 to purchase in Cedar Hammock. We retired here full-time in 2002 we currently live in a villa in Cedar Hammock. My experience and background are October 10,2005 Cedar Hammock ci 6 11 as follows; I have been married for 41 years I have 4 adult children and 6 grandchildren. I am a retired registered nurse and have been employed in the medical field for 28 years, 14 years as a surgical nurse and the remainder as the director of materials management for the Detroit Medical Center in Detroit, Michigan. My experience in material management department includes purchasing of all supplies and equipment for the hospital, development of all contracts and service agreements, other departments under my management included central processing, linens, supply distribution, shipping, receiving, mail and coffee services. My nursing and material management experience put me on various hospital committees including membership on infectious control, environment of care safety committees and as chair of code committee. I served on the Oakland Place Condominium Board in Waterford, Michigan and was the Secretary for five years." Mr. Rellinger asked does she understand there is minimal investigation into her financial affairs and she has to submit some documentation to the Supervisor of Elections? Mr. Shaw responded yes, she understands. Mr. Petty stated we have a nomination do we have a second? Mr. Rellinger responded I would like to meet her first before considering a nomination. Mr. Petty stated this term expIres III November and you have an election in November as well so may be wait until after your next meeting and then consider the nomination. Mr. Rellinger stated I agree with that. Does it make sense to you? Mr. Shaw responded it is supposed to be a homeowners. Mr. Petty stated I do not know if anybody has gone to the Supervisor of Elections. The term expires in November 2006. Mr. Shaw stated that is when it goes to all the residents, correct? Mr. Petty responded yes, it is our transition year and two will go out through the normal election process from registered voters and one by landowner elections. Mr. Shaw asked what is the date of our next meeting? Mr. Petty responded February 13th Mr. Rellinger stated I would like to consider the nomination on February 13th. We can take our time and she can come forward. 2 October 10, 2005 B. Oath of Office of Newly appointed Supervisor This item was tabled. Cedar Hammock CDD 1611 THIRD ORDER OF BUSINESS Approval of the Minutes of the July 11, 2005 Meeting Mr. Petty stated each member received a copy of the minutes of the July 11, 2005 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Ms. Lessard seconded by Mr. Shaw with all in favor the minutes of the July 11, 2005 meeting were approved. FOURTH ORDER OF BUSINESS Consideration of Resolutions A. Resolution 2006-01 rescinding Resolution 2000-3 and Designating John Petty as Secretary Mr. Petty stated Resolution 2006-01 rescinding Resolution 2000-3 and designating myself as Secretary. You may know Mr. Ward's position has changed. He is now handling Severn Trent's largest clients under contract and the rest of his duties are being handled by others. B. Resolution 2006-02 Rescinding Resolution 2000-4 and Designating Janice Moen Larned as Treasurer and Edward Goscicki as Assistant Treasurer Mr. Petty stated B is Resolution 2006-2 rescinding resolution 2000-4 designating Ms. Janice Moen Larned as Treasurer as Treasurer and Mr. Edward Goscicki as Assistant Treasurer. Ms. Larned is our Director of Finance and has come to us from Sarasota County where she was Director of Finance for three years and before that from Kansas City, where she was Director of Finance for 11 years. Mr. Goscicki is the President of our Operations. Mr. Cox stated the enabling Statute for the District, Chapter 190 does provide the Secretary and Treasurer can be people who are not members of the Board or not members of the community; it allows you to have your professional staff assist you in your adminiserial matters. Mr. Shaw asked are these employees of Severn Trent Services and do not get additional compensations? Mr. Cox responded this is correct. 3 October 10, 2005 Cedar Hammock CDD On MOTION by Mr. Shaw seconded by Ms. Lessard with all in favor Resolution 2006-01 Rescinding Resolution 2000-3 Designating John Petty as Secretary and Resolution 2006-02 Rescinding Resolution 2000-4 and Designating Janice Moen Larned as Treasurer and Edward Goscicki as Assistant Treasurer were adopted. 1611 FIFTH ORDER OF BUSINESS Consideration of Utility Easement or Temporary Construction Easement with Collier County Mr. Petty stated the next item is consideration of utility easement for temporary use. It was received by our office and put in your package; Mr. Cox and I talked before the meeting and do not believe it is in the title of the District, but we have received from US Homes their attorneys' name whom we will contact so they know if they do find any of the parcels being considered by the county to be in our name, they can send them to our counsel for consideration. If they are in our title or if the District does hold title typically what we do is have the attorney and the engineer look at them and bring both of their considerations back to the Board before we ask you for authorization. Mr. Shaw asked are you going to put the title where it belongs? Mr. Cox responded the notices were originally sent to US Homes and they forwarded them to Severn Trent, who sent them to me. I researched them and you do not own any of the parcels they were seeking easements for. They were still titled to US Homes. A lot of times at the end of a transition when the developer is leaving a community they make all these little conveyances of parcels previously granted easements over and still had the title. This strip got left out of the closeout of the community and I am not sure if they knew that eventually the main was going to be coming here or if it was just an inadvertent oversight. I did look into it further when I was checking the title and it looked like most of these parcels affected are on the golf course blocks. I do not think they are ever going to come to the District, but there is one which looked like it was in a landscape easement which may eventually come to the District but has not yet. It is right along the road where the golf course comes up to the road on 951. Mr. Shaw asked do they own where the sidewalks are on the west side of the sidewalk? 4 October 10,2005 CedarHammOCkc, 6 11 Mr. Cox responded they must feel like it is not sufficient and needs additional right- of-way. They would have had it surveyed as part of the interior plans they put together. Mr. Rellinger stated I would like to recognize Mr. Reed for further input. Mr. Reed stated in addition to the notification the CDD and US Homes on the one parcel we received notification of four additional parcels here. Mr. Cox asked do you represent the HOA? Mr. Reed responded I am a delegate of the club. I turned over those proposals for the four parcels totaled $23,600 in their initial offer. I took those over to our attorney, Mr. Rob Samouce, because he has dealt with this type of thing before and he is arranging for an independent appraiser to come in and we will then go ahead and conduct negations with the county. There was a 30-day limit upon receipt of the letter in which we must notify them of our decision, and he said do not worry about it; it is four years of litigation anyway. He told me he was going to notify the county that he is acting on our behalf and I have four signed documents for him to handle the work. I faxed over the fifth notification and he was going to look into it also. You received a rapid response proposal and he did not for the other four parcels but he was going to take care of it. . Mr. Cox stated the last discussions I had with the utility department, the person who is spearheading this acquisition, we had come to the conclusion the CDD does not own the parcels and they were going to work with US Homes. Now you have gotten a letter I was unaware of; I will probably need to review it to see if it is on our property. Mr. Rellinger asked with the other tracts? Mr. Cox responded you said you got one from the CDD that was for equity or before the golf course. Mr. Reed stated it was passed along to you passed on to Mr. Rellinger on your parcel in question for the District. I just gave our attorney a copy of it. He has our four of the other parcels. Mr. Cox stated he is experienced enough in this to have handled this fifth one too. We could ask the firm which I am on the counsel with, we also have Mr. Spaloff he was forn1er General Counsel for the Department of Transportation and practices eminent domain law more exclusively. The way I would have done it in other districts and they always tend to agree, we are local government and the county is a local government and we 5 October 10, 2005 Cedar Hammock cD16 11 have always worked together cooperatively to further each others needs. The districts I have represented usually on a minor thing like this have not sought compensation. One day we are going to go to the county for a favor. Mr. Reed asked where do these five parcels belong? Do they belong here in Cedar Hammock? Is it the Districts responsibility? Mr. Cox responded none which I am aware of but I have not seen the letter which was addressed to you. Mr. Petty stated the four plots which are being currently pursued or general manager is pursuing; we have not seen those letters for the descriptions of property. We are making an assumption they are not owned by the District since they were not sent to the club versus the District. Mr. Cox stated I reviewed the ones sent directly to US Homes. Mr. Rellinger asked have you already researched project 151 and 152? Mr. Reed responded yes, parcel #32, 1 T, 2T and 4T. Mr. Cox stated 3T is the one that might be because it is in tract A. Tract A we might have had a title to it at some point or had some easements rights but I could not find anything which actually been conveyed to the District or any other rights to the District. I sent them back to US Homes and told them we ought to look at this first. Mr. Rellinger stated I just want to make sure we are doing the right thing by taking it over to our lawyer and letting him deal with it. Mr. Petty stated I believe we are and if there is any transfer that happens in the time period before the printed material the attorney has reviewed in the time they want to do the constmction, they still have to come back to us before they start. Mr. Rellinger asked are there any other issues? Have we resolved the situation as far as responsibility? Mr. Petty responded I believe we have. SIXTH ORDER OF BUSINESS Staff Reports A, Attorney Mr. Cox stated when the community was first developed there were significant on- site impacts to the wetlands which had been invaded by Melaluca and such, but there was still some filling in which occurred and its mitigation for that we purchased a 320 acre 6 . October 10, 2005 Cedar Hammock CDD 1 6 11 parcel adjacent to the state forest. As a requirement of the permits from the Army Corps of Engineers and the South Florida Water Management District the developer had to buy the 320 acre parcel and convey it to the state after they got all the exotics off of it and the trash cleaned up and maintained it for five years. That time period went by about four years ago and I have started working on the process of conveying the property over to the state. It had the Arm y Corps of Engineers, the South Florida Water Management District, State Department of Environmental Protection, Bureau of Plans Management for the State and the Division of Forestry. If you have ever tried to get five bureaucracies to agree on any one thing you just cannot get it done. When we first tried to do the conveyance, the State objected to the fact we had to put a conservation easement there. This was a requirement of the permits. We had the conservation easement there so you had bureaucracies fighting about how we should not move to be subject to South Florida Water Management District regulations on a parcel of land within their overall management area. We reached an impasse and about a year and half went by and we found out the Forestry had fenced it and was using the property so people could ride horses out there. We wrote them a letter and asked them if you are going to manage the property please accept title to it and that was about six months ago. We finally had everything worked out. I had the documents studied for me but I am going to have to take these back with me, revise them, get your addresses and Fed-Ex them to you and have them executed as conveyance documents for completing our pennit requirements. Mr. Rellinger stated let me understand this, when you mention the developer you are referring to US Homes. Mr. Cox stated that is correct. Mr. Rellinger stated you are referring to when they did this property, the 417 acres, there was another piece of land of 320 acres; I am missing the connection. Mr. Cox stated for mitigation because of the impacts to wetlands in this community which existed they were highly degraded, but still you have the scoring system that the Water Management does saying these are worth so many points that you are impacting and if you want to mitigate you have to mitigate these impacts by acquiring land and earning an equivalent number of points and giving the property to the state. You have what are called mitigation banks in several areas here in southwest Florida, but this piece of property was 7 . October 10, 2005 Cedar Hammock cD16 11 found adjacent was in good shape. It had quite a bit of Melaleuca on it but we were able to take care of it in the first couple of years and then run through the five year maintenance and monitoring program they have. Just to keep the last of those points and allow them to develop what is really urban infield here and allow them what is adjacent to the state forest to lose all its development rights. Mr. Rellinger stated you are trying to pass title to the state from the District. Mr. Cox stated the District does not have to continue to maintain the property. Mr. Petty stated mitigation areas along with wetlands conservation areas and water management are appropriate costs to the District and part of the capital projects we do. It is appropriate for us to do the five year transfer and operation and cleansing of the property to make sure any exotic plants are removed and it is now a housekeeping matter for us basically after Mr. Cox has worked on it for four years to get the bureaucracies in line, to get their signatures on the piece of paper so we have no further obligations. Mr. Rellinger asked is this typical of any project US Homes or a developer goes into? Mr. Cox responded it is difficult when you have impacts and it is difficult when you have to mitigate those impacts. A lot of times you are able to do it on-site if you have an area where you do a minor impact where you clean up a wetland area which has become severely invaded by Melaleuca and Brazilian peppers and you restore it back where you plant the appropriate native species at those mitigation points. You can have on-site mitigations or you can have off-site mitigations. It is common in southwest Florida because of the nature of topography to come here being what it is. The efforts is to concentrate developments within your urban cores; you open book sometimes on wetlands impacts. In those areas you mitigate them on all sides like the mitigation banks. We have one called Panther Island and one on Pine Island Road in Lee County, Panther Island is out in eastern Lee and eastern Collier. They are now doing a proposal for a big chunk of land which the Collier family owns and they are doing some mitigation for some of these developments. There are several mitigation banks in the area. What I need from you is the forn1ality of the paperwork and it is all part of the permitting we are moving through the process but I will need to get your address before I go so I can FedEx these. 8 October 10, 2005 cedarHammockcDD16 11 B. Engineer There being no report, the next item followed. C. Manager Mr. Petty stated we have provided the financials in your package if there are any questions I will be glad to address them. Mr. Rellinger asked are there any questions on the financials for the balance sheet dated August 31 on the general fund? The outstanding debt of $ll 0,000 will be paid off by November 1 Sl based on a memo I got from Ms. Polanec. This settles a lot of people's minds as far as getting rid of the debt and having the bonds paid. It is a big concern as far as an obligation and will do a lot to our budgets in the future and reduce our tax level. Mr. Petty stated this year's assessment to the residents is at the level you want it to be in the future and you are already seeing the savings. Mr, ReUinger stated in 2006 there will be a reduction in the levy, which will reflect further elimination of the debt. I have no further comments about the financials. SEVENTH ORDER OF BUSINESS Supervisors Request and Audience Comments Mr. Reed stated the company Earth Balance has been contracted in the past to handle the maintenance. I have sent them a letter stating their contract will not be renewed. There price went up this year $6,700 and the previous year $6,200 and looks like it will go up again. There is a company who handles the lake maintenance and they also do the maintenance and the superintendent feels comfortable with them. Their price is $2,200 a year less to do the same work. The contract runs through February 2006 I was obligated to give them 30 days notice and I have already given it to them. EIGHTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. Shaw seconded by Ms. Lessard with all in favor the meeting was adjourned. JOM~~ Secret y kvt<-;;k) ~ Ronald Rellinger Chairman 9 1611 AGENDA CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Monday October 10, 2005 11 :00 a.m. Cedar Hammock Clubhouse 8660 Cedar Hammock Boulevard Naples, Florida 1 . Roll Call 2. Organizational Matters A. Appointment of Supervisor to Fill the Unexpired Term of Office (1l/2006) B. Oath of Office of Newly appointed Supervisor 3. Approval of the Minutes of the July II, 2005 Meeting 4. Consideration of Resolutions A. Resolution 2006-0 I Rescinding Resolution 2000-3 and Designating John Petty as Secretary B. Resolution 2006-02 Rescinding Resolution 2000-4 and Designating Janice Moen Lamed as Treasurer and Edward Goscicki as Assistant Treasurer 5. Consideration of Utility Easement or Temporary Construction Easement with Collier County 6. Staff Reports A. Attorney B. Engineer C. Manager - Financials 7. Supervisors Request and Audience Comments 8. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- 1611 NoticE OF MutiNG CF.D :K DEVEfdl DIsTRICT . Ther,gul,r meeting of the Board of Supervl. sors Of. to, I' ar. Ham' mock Clf 1m , p'evel- opmelit . . ,will be held<'.on. Octo- b.rlQ,Z a.m. lI.ttlTe,C . ek I Clubh..r Haml'/1 . ..rd. Naple !1i112. Th . II fo ..' m. '( b the p '. e cOnll.lJ. . ...~f!rd. =I~~:'of ~~I~:\!i'orJ~ C om",,,nl fy..,D.ev:t 01'- mentplsUlctS. Tile meetln. g .mal...1 b. e co.. nt.'.n. . , uf~f9tlia ~'iPiwr~~~ fh. reco. e (nll8t. li'I~.A C I:-I\I1"n- ~taln' . framS'v- ern. Trent. S.rvhie., 210 N. Unlvel;$ltv P.rIYe, S,ult,e 800~ Corlll Spr'llgs,F or - da,,3071. . '.. . There may p:.. Ot;U- 510)'1$ . WIlen one or il1llre SuperviSOrs wlll:partlcl- pate by ....t. ele hone, At the e I onthere wll r:.e~' er . one any Interestlld . c.an atteodthe. 'I'nllilln"~. t~etS,~~1~tb~J~9gf~e i dl!iCUS~, '....0. n. s.. ..t..a.~I..n. gi place.. .lII',ln~l;$on or by telil.,..one.C:Olnmllnl, catlon.:... . . L;. Anyj)erson 'r-elt.ulr, In.g spec. 11lIac.comltlA.da- tloos at this tlng bec.ause . of... . fillY or ptlyslca.l~m ent shoulctcoilt~ e Dls- trl~. OffIce. .at' )753- 03 ..'eMt.. v .. cal- en ~. Atys p,lo . fothe meeting.. g Each l1er.st It. who de- Clde$....Jto~. rJleal anY de- ciSIon IIde by the Iloard w, th resp at to an)!' ret! AD SPACE: 80. 000 INCHa~W..1 ''d FILED ON: 10/03/05:r~. '... ..... . -------------------------------------~~~----------+--------------------. ~"~r}~~tf~:~~ Signature of Affiant ~ tlrTt .teC'Qr.d of the pro- ~,.made;lI1-. teifti1iony all. .evldel'\ce upon wh. 1.IQh..suehappeal .Is to be~"&d. Se\i~i'o Tl:ent Management S&rvlces Oct_L. No. 1221596 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 056685 59108900 NOTICE OF MEETINGCED State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Cor~orate Secretary of the Naples Daily News, a da~ly newspaper published at Naples, in Collier County, Florida: that the attached copy of advertis~ng was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/03 Personally known by me 204) Sworn to and Subscribed ~ ,1111 "" \\\~f>,V PU,,; H ' /~?A"'''''~~;'S amett Bushong {~~. C /] MY COMMISSION # DD234689 EXPIRES .1:".,.......o~t,. July 24 2007 "',?f".~;"" 'J0NDEO THRIJ fROY fAIN INSlIRANct. INC 1611 RESOLUTION 2006-01 A RESOLUTION REMOVING JAMES WARD AS SECRETARY AND DESIGNATING JOHN PETTY AS SECRETARY AND JEAN M. RUGG AS ASSISTANT SECRETARY OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District desires to remove James Ward as Secretary and appoint John Petty as Secretary and Jean M. Rugg as Assistant Secretary; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT: 1. John Petty is appointed Secretary; and 2. Jean M. Rugg is appointed Assistant Secretary. Adopted this 10th day of October, 2005. ~~.,~ {"L~ Ronald Rellinger Chairman 1611 RESOLUTION 2006-02 A RESOLUTION RESCINDING RESOLUTION 2000-4 AND DESIGNA TING JANICE MOEN LARNED AS TREASURER AND EDWARD GOSCICKI AS ASSISTANT TREASURER OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District has previously adopted Resolution 2000-4 designating James Ward as Treasurer of the District; and WHEREAS, it is the desire of the Board of Supervisors of the Cedar Hammock Community Development District to rescind Resolution 2000-4 and to appoint Janice Moen Larned as Treasurer and Edward Goscicki as Assistant Treasurer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT: 1. Janice Moen Larned is appointed Treasurer; and 2. Edward Goscicki is appointed Assistant Treasurer. Adopted this 10th day of October, 2005. ~~ \~~~ ~~ Ronald Rellinger Chairman ~. COLLIER COUNTY GOVERNMENT DIVISION OF ADMINISTRATIVE SERVICES REAL ESTATE SERVICES 3301 E. T AMIAMI TRAIL NAPLES, FL 34112 PHONE (239) 774-8991 FAX (239) 774-8876 September 2, 2005 CERTIFIED RECEIPT NO.: 7004 2510 0004 6991 6004 RETURN RECEIPT REQUESTED Project: Collier Boulevard Water Main Project Project #: 70151 & 70152 Parcel No.: 3T U.S. Home Corporation Clyde C. Quinby, Trustee Thomas S. Duffy, Trustee Cedar Hammock Community Development District 10481 Ben C. Prall 6 Mile Cypress Parkway FI. Myers, FL 33912 Dear Property Owner: A.s you are aware, the Collier County Public Utilities Engineering Department is in the process of designing and permitting the construction of a 36-inch water transmission main along the Collier Boulevard (CR-951) corridor between Davis Boulevard and Rattlesnake Hammock Road and a 30- inch water transmission main along the Collier Boulevard (CR-951) conidor between Rattlesnake Hammock Road and U.S, 41. This project is scheduled to replace an existing 20-inch water transmission main and provide increased water capacity and pressure to service current and projected demand for this area, as well as to carry treated water from the South County Regional Water Treatment Plant to proposed water storage facilities on Manatee Road. The Collier County Public Utilities Engineering Department has determined that a Utility Easement or Temporary Construction Easement will be needed, as indicated on the attached Exhibit "A". Please be advised that the proposed transmission mains will consist of underground pipelines. All properties will be restored to the condition found prior to construction. '. County staff is willing to recommend to the Board of County Commissioners a purchase price in the amount of One Thousand Eight Hundred Dollars and 00/100 ($1,800) for the property described in Exhibit "A". In addition, a rapid settlement incentive of $2,500 is being offered to you for a period of twenty (20) days onlv from the date that you receive this letter. Therefore, the amount you would receive, if you accept this offer within 20 days would be $4,300. 1611 September 2, 2005 Collier Boulevard Water Main Project Page 2 The concept of offering property owners a rapid settlement incentive arises from our desire to move forward with the project as soon as possible. After 20-days this offer expires and this incentive will no longer be available. This transaction is subject to approval by the Board of County Commissioners. I hope that you will give serious consideration to this purchase offer. This offer amount was developed by an independent, state certified general real estate appraiser, based on his opinion of full compensation, after reviewing all of the comparable sales data, and analysis of the various factors, which influence the value of property in this area (size, location, topography, road frontage, etc.) and we believe that the above offer represents the market value of your property. Please reply to this office as to your intentions regarding the conveyance of the property described in Exhibit "A", and if you have any questions concerning this offer, please contact me at (239) 774-8073, Monday through Friday between the hours of 7:30 am and 4:30 p.m. I would like to thank you in advance for your cooperation. Sincerely_/ b/ /x '1~~-- Thomas A. Deusa Property Acquisition Specialist Enclosure as stated C: James P. Ward, Registered Agent, Cedar Hammock Community Development District 210 North University Drive, Suite 702, Coral Springs, FL 33071 (With Attachments) 16' 1 EXHIBIT A Page --L- of ~ 7 () I '::,-/ PROJECT _ 70/ r;:.: PARCH _ .3, r - F OLl 0 _,;z S" 'is' 9 '-19"9 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (3. '1 L YlNG IN CEDAR HAMMOCK SUBDIVISION, TRACT "A" PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA NORTH LINE CEDAR HAMMOCK P.O.C. \ KEY: C.R.-COUNTY ROAD f.P.&L-FlORIDA PO~R & LIGHT co. R/W - RIGHT-Of-WAY O.R. - OffiCIAL RECORDS BOOK/pAGE P.O,B.-POINT Of' BEGINNING P.O.C.-POINT Of' COMMENCEMENT NO.-NUMBER tr-DELTA R-RADIUS L-LENGTH CB-CHORD BEARING C-CHORD DISTANCE . PROPOSED fEMPORARY CONSTRUCTION EASEMENT -------- ~ b~ Ilia Ol l'"l ~ 8 CIl , N. I ,CD ~/ 6-36'S2'10" L-32.17' R-SO.OO' CB-NI916'SO"E C=31.62' NOT VALID WITHOUT DESCRIPTION ON SHEET 2 Of 2 FOLIO NO.: 25894999085 . ,<f:. I- U <f:. ~ Iii Ol n: u w Z ::J ~ lr ~ tiQJ[; THE PARCEL BEARING, DISTANCES. AND AREAS CALCULA TED ARE BASED ON A FlELD SURVEY, BASIS Of BEARING: STATE PLANE COORDINATE SYSTEM. FlA. EAST ZONE, '63/"90. 6-36"52'10" l-32.17' ~ R-SO.OO' \ CB-NI7'3S'23"W C=31.62' , I ~ ---~-- I- U <( ~ PROPOSED TEMPORARy CONSTRUCTION fASfMfN T DARREN TOYtt-lSEND (fOR THE FlRM L8677.3) PROFESSIONAL SURVEYOR AND MAPPER flORIDA UCENSE NO. Lf16476 THIS l:1.!!::. DAY Of' . AuU 10' UTILITY EASEMENT PER PLAT , 2005. THIS IS NOT A SURVI JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 fAX: (239)277-7179 EMAIL: SURVEYlNG@COONER.COM CUENT: GREELEY AND HANSEN, UC DRA\\'N BY: DKT CHECKED BY: JNW PARCEL DESCRIPTION: DATE: 03/09/0S SCALE: 1"-20' TEMP. CONSTRUCTION EASEMENT TRACT "A", CEDAR HAMMOCK; SEC. 3-50-26 PROJECT No: 03070SW.A DWG NO:OJ0700WA-ESM REV: SHEET: 1 01 1611 EXHIBIT-:- Page~Of~ TEMPORARY CONSTRUCTiON EASEMENT (DURA TION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) 701 ~I T PROJECT '701 ~ ~ PARCEl :3 , I FOLIO .;< s-.g9 <./999c. SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (3.1 L'r1NG IN CEDAR HAMMOCK SUBOIVlSrON, TRACT "A" PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTIOl:l OF A 10-FOOT 'MDE TEMPORARY CONSTRUCTION EASEMENT LYING IN TRACT "A" OF CEDAf HAMMOCK SUBDI\1SION AS RECORDED IN PLAT BOOK 32, PAGE 91; SECTION 3, TO\\oNSHIP 50 soum. RJ 26 EAST, COLUER COUNTY, flORIDA: COMMENCE AT THE INTERSECTION OF mE NORm UNE OF SAID SUBDIVISION AND mE WESTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 951; mENCE RUN SOO'50'H"W, A DISTANCE OF 179B.13 FEET ALONG SAID WESTERLY UNE TO mE NORTH UNE OF SAID TRACT AND THE POINT OF BEGINNING; THENCI CONTINUE ALONG SAID WESTERLY UNE S00'50' H oW. A DISTANCE OF 192.00 FEET TO THE soum UNE C SAID TRACT AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HA \1NG A DELTA ANGLE OF 36'52'10", A RADIUS OF 50.00 FEET, A CHORD BEARING OF NI7'35'23"W AND A CHORD DISTANCE OF 31 FEET; THENCE ALONG mE ARC OF SAID CURVE TO mE LEFT AND SAID SOUTH UNE A DISTANCE OF 32 FEET; THENCE RUN NOO'50'<<"E. A DISTANCE OF 132.00 FEET TO mE NORTH UNE OF SAID TRACT AND BEGINNING OF A CURVE CONCAVE NORmWESTERLY HA\1NG A DELTA ANGLE OF 36'52'10", A RADIUS OF 50.00 FEET, A CHORD BEARING OF N1916'50"E AND A CHORD DISTANCE OF 31.62 FEET; mENCE ALONG THE ARC OF SAID CURVE TO mE LEFT AND SAID NORm UNE A DISTANCE OF 32.17 FEET TO mE POINl OF BEGINNING. CONTAINING 1.511 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. ~ZTS~~~~ tt'16~.i02UT SKETCH & SIGNATURE THIS IS NOT A SUR' JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, fORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMAIL: SURVEYlNGOCOONER.COM CUENT: GREELEY AND HANSEN, LLC DRA\'iN BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPllON: DA TE: 03/09/05 SCALE: N/A REV: TEMP. CONSTRUCTION EASEMENT TRACT "A", CEDAR HAMMOCK; SEC. 3-50-26 PROJECT No: 030705W.A DWG NO:OJ070i5WA-ESM SHEET: 2 1611 ~. COLLIER COUNTY GOVERNMENT DIVISION OF ADMINISTRATIVE SERVICES REAL EST ATE SERVICES 3301 E. TAMIAMITRAIL NAPLES, FL 34112 PHONE (239) 774-8991 FAX (239) 774-8876 September 2, 2005 Project: Collier Boulevard Wa Main Project Project #: 70151 & 70152 Parcel No.: 3T CERTIFIED RECEIPT NO.: 7004 2510 0004 69916004 RETURN RECEIPT REQUESTED U.S. Home Corporation Clyde C. Quinby, Trustee Thomas S. Duffy, Trustee Cedar Hammock Community Development District 10481 Ben C. Pratt 6 Mile Cypress Parkway Ft. Myers, FL 33912 Dear Property Owner: A,S you are aware, the Collier County Public Utilities Engineering Department is in the process designing and permitting the construction of a 36-inch water transmission main along the Coil Boulevard (CR-95l) corridor between Davis Boulevard and Rattlesnake Hammock Road and a : inch water transmission main along the Collier Boulevard (CR-951) corridor between Rattlesnll Hammock Road and U.S. 41. This project is scheduled to replace an existing 20-inch wa transmission main and provide increased water capacity and pressure to service current a projected demand for this area, as well as to carry treated water from the South County RegiOl Water Treatment Plant to proposed water storage facilities on Manatee Road. The Collier County Public Utilities Engineering Department has determined that a Utility Easeme or Temporary Construction Easement will be needed, as indicated on the attached Exhibit "J Please be advised that the proposed transmission mains will consist of underground pipelines. j properties will be restored to the condition found prior to construction. County staff is willing to recommend to the Board of County Commissioners a purchase prl in the amount of One Thousand Eight Hundred Dollars and 00/100 ($1,800) for the propel described in Exhibit "A". In addition, a rapid settlement incentive of $2,500 is being offered to you for a period twenty (20) days onlv from the date that you receive this letter. Therefore, the amount y would receive, if you accept this offer within 20 days would be $4,300. 1611 September 2, 2005 Collier Boulevard Water Main Project Page 2 The concept of offering property owners a rapid settlement incentive arises from our desire to mov forward with the project as soon as possible. After 20-days this offer expires and. this incentive wi] no longer be available. This transaction is subject to approval by the Board of County Commissioners. I hope that you will give serious consideration to this purchase offer. This offer amount wa developed by an independent, state certified general real estate appraiser, based on his opinion c full compensation, after reviewing all of the comparable sales data, and analysis of the variou factors, which influence the value of property in this area (size, location, topography, road frontagf etc.) and we believe that the above offer represents the market value of your property. Please reply to this office as to your intentions regarding the conveyance of the property describe, in Exhibit "An. and if you have any questions concerning this offer, please contact me ~ (239) 774-8073, Monday through Friday between the hours of 7:30 am and 4:30 p.m. I would lik to thank you in advance for your cooperation. Sincerely., 1 //1 'ffi~- Thomas A. Deusa Property Acquisition Specialist Enclosure as stated C: James P. Ward, Registered Agent. Cedar Hammock Community Development District 210 North University Drive, Suite 702, Coral Springs, FL 33071 (With Attachments) 1611 EXHIBIT Page-!...- of 701 !:,-; r- PROJECT _ 70; t:":2.. PARCfL_ ,3, r - FOLIO -3 s ~ 9 <-f9'790,?S'" - A ~ TEMPORARY CONSTRUCTION EASEMENT (DURA TION: J YEARS FROM COMMENCEMENT OF CONSTR UCTlON) SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (S.T) LYING IN CEDAR HAMMOCK SUBDIVISION, TRACT "AN PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA NORTH UNE CEDAR HAMMOCK P.O.C. i . . PROPOSED TEMPORARY CONSTRUCTION EASEMENT ;I: !:?~ .0 . ~~ ~ 8 III KEY: C.R.-COUNTY ROAD F.P.&L-FlORIDA PO\\of:R & LIGHT CO. R/W - RIGHT-OF-WAY O.R. - OFFICIAL RECORDS BOOKfi'AGE P.O.B.-POINT OF BEGINNING P.D.C.-POINT OF COMMENCEMENT NO.-NUMBER A-DElTA R-RADIUS L -LENGlli CB-CHORD BEARING C-CHORD DISTANCE .:0 Ol Ii U W 2: ::J ~ a:: ;I: h I ,w 1/ 6-36'S2" 0" L-32.17' R-SO.OO' CB-NI9"16'SO"E C-31.62' NOT VALID VttTHOUT DESCRIPTION ON SHEET 2 OF 2 10.00' < , 8 C'i 0> FOLIO NO.: 25894999085 I- U <( fE ;I: l b 10 ~ ttO.Ir; lliE PARCEl BEARING, DISTANCES, AND AREAS CALCULA TED ARE BASED ON A FlELD SURVEY. BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM, FlA. EAST ZONE, '83/,90, 6-36"52'10" L-32.17' ~ R-SO.OO' \ CB-NI7'3S'23"W C-31.62' , I w , --~-- ARREN TOI'tNSEND (FOR THE FlRM LB6773) ROFESSIONAL SURVEYOR AND MAPPER .ORIDA UCENSE NO. L$...6476 -lIS l:1:t!:: DAY OF. WuU I- U <( fE PROPOSED TEMPORARY CONSTRUCTION EASEMENT 10' UTILITY EASEMENT PER PLAT _ 2005. THIS IS NOT A SURVEY JEFFREY C. COONER AND A SSOCI A TES, INC. . SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE., FORT MYERS, FLORIDA 33912 PHONE: (239)277-0722 FAX: (239)277-7179 EMA/L: SURVEYlNGClCOONER.COM JENT: GREELEY AND HANSEN, LLc DRA\'tN BY: DKT CHECKED BY: JNW IRCEl DESCRIPnON: DATE: 03/09/0S SCALE: '"-20' ",P. CONSTRUCTION EASEMENT TRACT '. CEDAR HAMMOCK: SEC. 3-50-26 PROJECT No: 030705W.A REV: DWG NO:OJ0705WA_ESI.I SHEET: 1 OF 2 1611 ~~~IJ .: TEMPORARY CONSTRUCTION EASEMENT (DURA TION: 3 YEA RS FROM COMMENCEMENT OF CONSTRUCTION) 701 b"1 7" PROJECT '7 01 ~ .:1.. PARCEl 3, T FOLIO ,25"<8>9 <l9'9czo '6S SKETCH AND DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT (S.T) L'r1NG IN CEDAR HAMMOCK SUBDIVlSION, TRACT "A" PLAT BOOK 32, PAGE 91; SECTION 3, TOWNSHIP 50 S, RANGE 26 E COLLIER COUNTY, FLORIDA DESCRIPTION OF A 10-FOOT WIDE TE'-4PORARY CONSTRUCTION EASEMENT LYING IN TRACT "A" Of CEDAR HAMMOCI< SUBDIVISION AS RECORDED IN PLAT BOOK 32, PAGE 91; SECTION 3, TO\\NSHIP 50 SOUTH. RANGE 26 EAST, COLUER COUNTY, FLORIDA: COMMENCE AT mE INTERSECTION OF mE NORTH UNE OF SAID SUBDIVISION AND mE Vlf:STERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 951; THENCE RUN SOO'50'H"W, A DISTANCE OF 1798.13 fEET ALONG SAID Vlf:STERLY UNE TO THE NORll-I UNE Of SAID TRACT AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID Vlf:STERL Y UNE S00"60'''''W, A DISTANCE OF 192.00 fEET TO mE soum UNE OF SAID TRACT AND mE BEGINNING OF A CURVE CONCAVE SOUTHVlf:STERL Y HAVING A DELTA ANGLE OF 36'52'10", A RADIUS Of SO.OO 'fEET, A CHORD BEARING OF NIT3S'23"W AND A CHORD DISTANCE OF 3Di2 fEET; THENCE ALONG THE ARC OF SAID CURVE TO mE LEfT AND SAID SOUTH UNE A DISTANCE OF 32.17 fEET; THENCE RUN NOO'SO'<<"E, A DISTANCE OF 132.00 fEET TO THE NORTH UNE OF SAID TRACT AND THE BEGINNING Of A CURVE CONCAVE NORTHVlf:STERLY HAVING A DELTA ANGLE OF 36'52'10", A RADIUS OF 50.00 fEET, A CHORD BEARING OF N19i6'50"E AND A CHORD DISTANCE OF 31.62 fEET; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT AND SAID NORTH UNE A DISTANCE OF 32.17 FEET TO THE POINT OF BEGINNING. CONTAINING 1.511 SQUARE fEET OR 0,03 ACRES, MORE OR LESS. NOT VAUD W1mOUT SKETCH &c SIGNA ruRE ON SHEET 1 OF 2 THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, fORT MYERS, flORIDA 33912. PHONE: (239)277-0722 FAX: (239)277-7179 EMAll: SURVEYlNGCCOONER.COM CUENT: GREELEY AND HANSEN, LlC DRA'M4 BY: DKT CHECKED BY: J.N.W. PARCEL DESCRIPll0N: DAlE: 03/09/05 SCALE' N/A REY' TEMP. CONSTRUCTION EASEMENT TRACT '. "A", CEDAR HAMMOCK; SEC. 3-50-26 PROJECT No: OJ0705W.A owe NO:OJ070IiWA-ESM SHEET: 2 Of 2 1611 1611 Cedar Hammock Community Development District Financial Statements Unaudited August 31, 2005 1611 Cedar Hammock Community Development District Combined Balance Sheet August31,2005 Totals General Debt Service (Memorandum Only) Fund Fund $2,005 Assets: Cash $0 $0 $0 Accrued Interest Receivable $0 $1,568 $1,568 Accounts Receivable $0 $0 $0 Cash - SunTrust $70,472 $0 $70,472 Investments - Revenue $0 $13,846 $13,846 Investments - Interest Account $0 $0 $0 Investments - Prepayment $0 $79,625 $79,625 Investments - Reserve $0 $11,000 $11,000 Market value Adjustments $0 $1 ,435 $1,435 Due From Other Funds $11,865 $0 $11,865 Due From Severn Trent $0 $0 $0 Assessments Receivable $0 $0 $0 Prepaid Expenses $2,800 $0 $2,800 Amount Available $0 $0 $0 Amount to be Provided $0 $0 $0 Improvements $0 $0 $0 Total Assets $85,137 $107,475 $192,611 Liabilities: Accounts Payable $0 $0 $0 Due to Other Funds $0 $11,865 $11,865 Developer Reserve $0 $0 $0 Other Liability $0 $0 $0 Retainage Payable $0 $0 $0 Fund Balances: Investment in General Fixed Assets $0 $0 $0 Reserved for Debt Service $0 $0 $0 Designated for Access Control $0 $0 $0 Designated for Roadway Services $0 $0 $0 Unreserved General Fund $85,137 $95,610 $180,747 Total Liabilities and Fund Equity & Other Credits $85,137 $107,475 $192,612 $0 $0 $0 Cedar Hammock 16 I 1 Community Development District General Fund Statement of Revenues & Expenditures For The Period Ending August 31, 2005 Current Y-T-D Y - T -0 Budget % of Bud. I Month Revenues: Interest Income $198 $1,563 $0 0.00% Interest Income - Surplus $0 $0 $0 0.00% Assessment Levy $0 $100,508 $98,682 101.85% Developer Assessment $708 $7,793 $9,913 78.62% Total Revenues $906 $109,863 $108,595 101.17%1 Expenditures: Professional & Administrative Supervisor Fees $861 $2,584 $5,383 48.00% Management Fees $3,583 $32,250 $43,000 75.00% Audit Fees $0 $6,550 $12,500 52.40% Property Appraiser $0 $1,096 $1,574 69.63% Assessment Roll Services $0 $5,000 $5.000 100.00% Legal Fees $0 $1,190 $5.000 23.80% Engineering $0 $0 $2,000 0.00% Telephone $0 $246 $500 49.21 % Postage $0 $773 $750 103.01 % Insurance $0 $5,000 $7,500 66.67% Printing & Binding $0 $546 $1,000 54.63% Legal Advertising $0 $1,621 $1,000 162.09% Office Supplies $0 $372 $400 92.91% Dues, Licenses, & Subscriptions $0 $175 $175 100.00% Contingencies $0 $0 $250 0.00% Capital Outlay $0 $0 $750 0.00% Npdes Program $0 $0 $15,000 0.00% Total Administrative Expenses $4,445 $57,402 $101,782 56.40% 1 Expenditures: Field Services Off Site Mitigation $681 $8,744 $6,813 128,35% Total Field Expenses ~ $681 $8,744 $6,813 128,35%1 Total Expenditures I $5,126 $66,146 $108,595 60,91%1 Excess Revenues (Expenditures) I ($4,219) $43,717 $0 Fund Balance. Beginning $41,419 Fund Balance. Ending $85,137 Page 3 Fiala Halas _ Henning Coyle Coletta _. ) 16'1 PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, MARCH 22,. 2006 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, MARCH 22, 2006 at 3:00 pm 1. Roll Call 2. Approval of Minutes of the February 15, 2006 Meeting 3. Audience Participation 4. Fair Share Program Update 5. Fiscal Year 2006 Capital Spending Forecast 6. Review of Fiscal Year 2007 Preliminary Budget 7. Committee Requests 8. 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 -17 49 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay -located in the County's District 2 Misc. Corres: Date:~ ltem#:~ Copies to: 1611 ...... oiIJ ~ CU en c.c fa -a .- u C :I - cu.- 0 m .- fa :I.c oiIJ -a ~ U) ~ :I U) - c .- 0 E .- I fa 0::: ! I. E oiIJU) E CU 0 c..:.: -0 en u .- CU fa fa I ..:.:cu c c c o ~ ... fa 0 ..2",- I ~ % c o 0 ~ 0 oiIJ ~ :I oiIJcu fa ... .Q -a- c c cuQ. 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N..... ~ ~ tR- ~ tR- tR- tR- 1611 L() c: o :ai ::J 1ti > o o o g 1.0 ~ c: o '0 Q) (/) (t] co - c: Q) E (/) (/) Q) (/) (/) <( E ~ o ~ '0 <( (0 o o N N N .s:: () .... m ~ =8888888 ~NNNNNNN .,. '. oj( ',. ~. ... 1611 ~ <0 iA- ~ C GJ -c I- :s ('V"') I:a ....... L/') >< L/') N N v- 0'\ N \0 0 fa 0'\ ex,:) 0'\ 0'\ ex,:) v- N v- I- ('V"') ('V"') ('V"') ('V"') ('V"') L/') N v- Q U) I:a ~ - 0 ....... N ('V"') v- L/') \0 f',. fa 0 0 0 0 0 0 0 0 ..... 0 0 0 0 0 0 0 0 0 N N N N N N N N I- - fa U <0 I- e Q. e N ~ N N ..c: ~ ro ~ ~ "t .. Fiala Halas Henning g~r~~a=. \/ ~ PELICAN BAY SERVICES DIVISION 1611 -- -= Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDA Y, MARCH 22, 2006 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB-COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDA Y, MARCH 22,2006 at 1:00PM 1. Roll Call 2. Approval of Minutes of the November 9,2005 Meeting 3. Audience Participation 4. Beach Renourishrnent - Clam Pass Inlet - Gary McAlpin 5. Mangrove Action Committee 6. Lake Bank Enhancement Project - Kyle Lukasz 7. Capital Projects 8. Committee Requests 9. Adjourn ADDITIONALL Y, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BA Y SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THA T FOR SUCH PURPOSE, HE MA Y NEED TO ENSURE THAT A VERBA TIM 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 A T THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 A T LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. Pelican Bay -located in the County's District 2 MIse Corres: r'.'n fLt/t \ IOKz_ lterntt.lGI t ~ J ~ COPies to: 16' 1 CLAM BAY SUB-COMMITtEE MINUTES - November 9, 2005 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, November 9, 2005 at 1 :30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M. James Burke, Chairman Mr. David Roellig Mr. John Domenie Donald Spanier (Absent) ALSO PRESENT: Two Seagate residents, one Pelican Bay Services Division Board Member; Mr. Gary McAlpin, Coastal Projects Manager, Collier County; Mr. Jerry Camiener, CAC Advisory Board Member; Mr. Todd Turrell and Ms. Kara Cave, Turrell & Associates; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the September 7,2005 Meeting 3. Audience Participation 4. Clam Pass Inlet 5. Beach Renourishment 6. Clam Bay Hurricane Damage 7. Annual Report Status 8. Committee Requests 9. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the record reflect that Mr. Donald Spanier may be arriving at the meeting late. APPROVAL OF MINUTES OF THE SEPTEMBER 7.2004 MEETING Mr. Domenie moved seconded by Mr, Roellig and approved unanimously, the Minutes of the September 7, 2005 meeting. AUDIENCE PARTICIPATION There were no comments from the audience. CLAM PASS INLET Mr. McAlpin stated, "If it is appropriate, I would like to explain the proposal that is being made, so that there is clarity and understanding, then answer any questions that anybody may have". 551 16 t 1 Clam Bay Sub-committee November 9,2005 Mr. Burke replied, "Very good". Mr. McAlpin stated, "I am going to use a CD-Rom and also a print as part of the presentation". We have been working with Mr. Burke, Mr. Domenie and Mr. Lukasz from Pelican Bay and Dr. Buser, who is the Seagate representative, to come up with what we believe is a reasonable plan for us to not only dredge Clam Pass, but also to use the fill area to fill Clam Pass Park. The mouth of the pass was dredged approximately seven years ago to improve the tidal flushing in that area. Since that time, through historical data, we know that the area of Clam Pass Beach has accreted approximately 70,000 cubic yards of material. We also know that the area where the park is located has lost material to the tune of approximately 30,000 cubic yards. Why is that? Typically what has happened in the past is that as you increase the throat connection you have less velocity leaving the pass. With less velocity the migrating sand settles and creates a sand trap. That is why the area has built up with sand. We know that we have to renourish the Clam Pass Park and the Park has seen the brunt of not having been renourished. A survey was just completed that shows that from Station #00 back to Station #18 there is approximately 10,000 cubic yards of material. Mr. Roellig asked, "Was this survey taken before or after Hurricane Wilma"? Mr. McAlpin replied, "The survey was before Hurricane Wilma". The mouth has changed a little, but we do not feel that will affect the plan. We have also developed a dredge box. When we calculate the 10,000 cubic feet of material, it is from a depth of 5.5 feet to a depth of 4.0 feet and we know that there is beach quality sand and that the grain size is adequate for placement on the beach. There is approximately 20,000-25,000 cubic yards of material from Station #00 down to the dredge area that we are looking at and at a depth of 5,5 feet. What we are proposing is that we need approximately 30,000 cubic yards of material to renourish the beach. We are going to get 10,000 cubic yards through the pass, which is going to improve the tidal flushing. All of experts have agreed that it will improve the tidal flushing and not hurt the mangroves. When we dredge the shoal area to remove 20,000-25,000 cubic yards, the build up on the beach over a period of time, which we believe will be within approximately eighteen 552 1611 Clam Bay Sub-committee November 9,2005 months because of the cross flow of material, is going fill this sump area. If we dredge 20,000- 25,000 cubic yards from that area, it is going to take 20,000-25,000 cubic yards from the beach area and replace it into the sump area. The net affect that we are looking at, is that instead of the 70,000 cubic yard accretion that you are seeing right now, there is going to be an accretion closer to 40,000-50,000 cubic yards. This is a balanced plan and satisfies the need of renourishing the park; it takes some of the sand from the north end, some of the sand from the channel and is a compromise all the way around. To further assure Pelican Bay that we have the best interest of everybody in the entire County, because we represent the beaches in the entire County, we are willing to set specific conditions within the permit modification that we will achieve from FDEP. In it we identify a line, that if we have miscalculated, we will come back and renourish the beach with TDC funds. We will work together to establish that point with Pelican Bay and the FDEP when we do the permit modifications. That is essentially what we are talking about. Mr. McAlpin showed a graphic of Clam Pass during 1988. You can see that the beach is relatively straight. The next graphic is of the beach in 1999. Both of these graphics are prior to the dredging for tidal flushing. On the current graphic you can see that there is an offset of approximately 200 feet. This is where sand has built up and was not there in 1988 or ten years ago. Mr. Domenie stated, "When was this picture taken"? Mr. McAlpin replied, "It was taken within the last year". Mr. Domenie stated, "You cannot compare it with 1988 because in 1988 the present pass did not exist". In 1988 the pass was further south. Mr. McAlpin replied, "The pass was there and this is a pass that tends to move to the north and to the south and, yes, you can compare it". The point we are trying to make is that as a result of the dredging for tidal flushing, you have seen a lot more accretion to the north. Mr. Domenie stated, "In 1988 the restaurant area extended down to the old pass and we have had water under the corner of the building from time to time". There is a concern, that if you start taking sand away and we get a storm, there may be water under all of the buildings. 553 1611 Clam Bay Sub-committee November 9, 2005 Mr. McAlpin replied, "What I have said was, that to provide a level of insurance that what we were doing is correct, that we would create a point whereby if we pass that line, which will be jointly determined with you and the State and that hasn't been done yet, we will renourish the area". Mr. Domenie asked, "Where will that renourishment come from"? Mr. McAlpin replied, "CAC funds". Mr. Domenie asked, "How"? Mr. McAlpin replied, "In all probability, an offshore source". Mr. Domenie stated, "I have a concern that if you go to the CAC and say we want to bring in 20,000 cubic yards of sand for Pelican Bay, bring in a dredge and place it twenty miles out, the mobilization cost is going to be $500,000; I seriously doubt that the CAC would go along with that". Mr. McAlpin replied, "If it is a condition of the permit, the CAC has no choice". It is a deal between the State and us, to satisfy the requirements of the permit. We can't be in violation of a permit. That is why this is not just a deal between Pelican Bay and the CAC. We are putting this as a special condition of the permit to give you that level of assurance. I don't know how we would do it, but we would get the sand in a way that would be economical. I am not saying we would truck it or we would get it from forty miles off shore. I don't know how we would do it at this point in time. That is really not the point. The point is that we would be willing to satisfy the requirements of the permit. Mr. Domenie stated, "My concern is that if it starts to erode and we come to you and say, according to the contract you have to bring in sand; you come back with, we can't do it now because it is turtle season". By the end of turtle season, who knows what will have happened to the buildings. Mr. McAlpin replied, "The reason we renourish the beaches is for the protection of buildings". If it is in the best interest of the public we can renourish during turtle season, it is not something that we like to do, but we just did it at Hideaway Beach. We put 270,000 cubic yards 554 1611 Clam Bay Sub-committee November 9,2005 of sand on the beach during turtle season. If it were a question of the buildings being in jeopardy, we would take immediate action to make sure that they were not compromised. Mr. Roellig stated, "Hideaway Beach had no turtle problems". Is there a report prepared by FDEP on this? Mr. McAlpin replied, "What I have given you is what has been developed". Mr. Roellig asked, "Is there a report"? Mr. Burke replied, "Coastal Engineering has it". Mr. McAlpin replied, "It is not a formal report". This is what we have right now. Mr. Roellig stated, "I am surprised that you still use this drawing". The channel used to flow through here not long ago and it moves back and forth. You can't do engineering based on photographs taken every five years. There is no discussion about that. Mr. McAlpin replied, "I beg to differ with you". What we are interested in is that we know there is accretion and we know that there is more sand there and how the configuration is, is not so important. What is important is the area that we are looking at where we know there is going to be displacement of sand. We are willing to do whatever we have to do in terms of establishing this profile, based on the current profile, which is a not to exceed point, and we will do that. Does it really matter? Yes it does, but it is not so important. What I am trying to do right now is sell a conceptual plan. That is the most important thing. Mr. Roellig stated, "If you go out there right now you will see that there is still a sign that says "Beware of stumps". That is because it has not been that long ago that the stumps were exposed. Mr. Domenie stated, "I took pictures of that area on Sunday before the storm and also on Tuesday after the storm". Mr. McAlpin replied, "We have taken a detailed survey after Hurricane Katrina and Hurricane Wilma". This plan was generated after the survey from Hurricane Wilma. Mr. Domenie stated, "That is the same plan that you presented to us a month ago". 555 1611 Clam Bay Sub-committee November 9, 2005 Mr. McAlpin replied, "Excuse me, this plan was developed after Hurricane Katrina and will be confirmed after the data from Wilma is received". There was tremendous concern about tidal flushing. I just have not put it on new aerial photography because this is the latest aerial picture that I had available. Mr. Burke stated, "At our pre-hurricane meeting, Mr. Humiston and Coastal Planning and Engineering were both in agreement that the plan would not affect the flushing of the inlet or the mangroves", They were both comfortable with that. Mr. McAlpin replied, "Yes". They felt it would improve the flushing. Mr. Burke stated, "Mr. Humiston's big concern was the extent to which the north side of the beach would have to fill in that shoal". He was not jumping up and down about it, but he is concerned and thinking that it might be much more serious than we were anticipating. I also recall talk about the erosion of that part of the beach to fill in the shoal back to 1998. Mr. McAlphin replied, "During 1998 there was basically no offset between the two beaches", If you remember, Mr. Humiston is the one who suggested that we add special conditions to the permit to protect Pelican Bay and we are willing to do that. Mr. Burke stated, "Nobody is arguing about the fact that the beach is going to act to fill in the shoal". It is going to happen. Let's say it does happen and you have to come in and use TDC Funds to renourish the beach, does that require a whole new permit or will you do it from the permit that you are hoping to get from the State? Mr. McAlpin replied, "The permit that we were looking to modify would have that as a condition of the permit". We would not need to get another modification to the permit. Mr. Domenie stated, "We are going to remove that shoal, which is a natural shoal, because it will come back", We remove it and put it in the fill area, no problem. In eighteen months, sand has drifted from the Sandpiper to fill that hole, now we are going to bring sand to put on the beach and at the same time we are going to again dredge the shoal and place more sand on the fill area because you want to get rid of the shoal. Why don't we just dredge and put 556 16'1 Clam Bay Sub-committee November 9, 2005 the sand on the fill area and you won't have to dredge the shoal or worry about the Pelican Bay Beach? Mr. McAlphin replied, "I am not sure we will have to bring sand in within eighteen months". We believe that if we take 25,000 cubic yards, the most you are going to see displaced is 25,000 cubic yards. Remember we have a cross-beach drift and you are going to get that natural drift. We don't think you are going to get the impact of 25,000 cubic yards, but we are willing to make those assurances. The real issue is that if we bring sand in to renourish the beach right now, you are talking in the range of $40.00 a cubic yard. It will cost approximately $27.00 -$30.00 to put the sand on the beach and then money to truck it and spread it in the needed location. It will be much less expensive to get the sand from this location and put it on the beach. We don't have the permit to do that either. Mr. Domenie replied, "You don't have a permit to do the dredging either". Mr. McAlphin replied, "We have a permit to dredge the channel, we need a modification to dredge the shoal". Mr. Burke asked, "How far north of the fill area would the renourishment take place at the park"? Mr. McAlpin stated, "We worked that out with the State". The area in front of the pavilion is where it will be concentrated. We are looking to get conceptual approval and this is what we would like to present to the State and would like to say that we have been able to work out. The other party who is part of this equation is Dr. Buser who represents the Seagate Association. Mr. Roellig stated, "A couple of years ago we spent $130,000 to put sand on the beach north of here", We are now looking at spending $1,000,000 of Pelican Bay's money to put sand up there. The sand we are going to put up there is going to move and the County wants to dig a hole and move sand further south. Obviously, there is going to be sand there because we are paying to put it there. I don't think that is right. If they feel that they need 25,000 cubic yards of sand, they should pay for the sand that we have already paid for. 557 1611 Clam Bay Sub-committee November 9, 2005 Dr. Buser stated, "The way we look at it is that this is a public beach and there is a Florida Statute which addresses how a public beach area near an inlet is to be renourished". That Statute says that clearly the renourishment is to be from the flood and ebb shoals. There has been an accumulation of sand on this side of the beach and the south needs to be renourished. You don't want to take the stance that our beach is fine, so let the general public pay a premium for their sand on the south side. Let them get the sand from where they are supposed to get it, according to Florida Statute, and put it on the public beach. The argument falls a little short to most people that this beach is fine why mess it up, let the public pay extra for their sand and truck it in. That is how it sounds. Mr. Roellig replied, "We are paying for that sand". Dr. Buser relied, "But you did not pay for the accumulation of this much sand; it came at the expense of the public beach". Mr. Burke stated, "Mr. Roellig is saying that is not a freebie, it came from the money that we put into the renourishment a little further north". If we wanted to be adversarial we could say as long as you are renourishing the beach, do that fill area also, but the reality of it is, it is not going to happen that way. Mr. McAlphin stated, "We put sand to the north also". Every other year we put at least 50,000 cubic yards of sand in the neighborhood of Barefoot Beach and Wiggins Pass. It is a combination effort and we get the natural flow of sand across County. Dr. Buser stated, " I think you are getting the reassurance that if there is harm done to this area, there Is a remedy, which I think is great because previously there was no money available", Since the public funding is going to be spent to renourish the public beach and there is a potential for an adverse affect, they are planning ahead for a solution to a potential problem that they really don't think is going to happen in the first place. It just seems like such a good balanced approach, where we know we need to renourish because that beach is tremendously overcrowded. 558 1611 Clam Bay Sub-committee November 9,2005 Mr. McAlpin stated, "We tried to develop a plan that was equitable to all parties, with the assurance that we were not going to be stealing your sand and also be able to do what was right for the public beach and also at the same time, flush the mangroves". This agreement would not be between us, but with the State and would contain special conditions on what would happen if it needed to be renourished. I don't know how much better we can do. Mr. Roellig stated, "How about putting back the 850 feet of sand that you have taken out of the plan, which was basically north of Seagate". You reduced the amount of beach that you were going to renourish north of Seagate. Mr. McAlphin replied, "It is not 850 feet". The most that we have taken out, in the transition area north of Seagate, is approximately 15,000 cubic yards. Mr. Roellig stated, "I don't know why you would take it out if you were short sand". Mr. McAlpin replied, "We believe that it is not in a critical area and is not in the area we are talking about". We are talking about the area at Station #42 and the area that you are speaking to is significantly south of that. That sand is not going to go from south to north. Mr. Roellig replied, "It certainly is". Mr. McAlpin stated, "The predominant flow of sand on this coast is north to south, not south to north". Mr. Burke stated, "When we started this, no one had any problems with that beach needing renourishment". Our concerns have been, and were enflamed a little at the workshop, when it was said that if you break it you are going to have to pay to fix it. As far as I am concerned, we have been reassured that the flushing is not going to be affected and it may be improved. There is not going to be a negative affect on the forest and there is a safeguard that if our part of the beach starts to disappear, TOC Funds will be used to renourish it. Mr. Camiener stated, "I am a Pelican Bay resident and member of the Coastal Advisory Committee". As I am looking at this I am trying to understand the history. As I understand the comments from earlier, I believe the pass was located further south. I am trying to understand 559 1611 Clam Bay Sub-committee November 9, 2005 what has happened, historically. If you take a look at the sand, this area was not here when we did the first flushing. Mr. Roellig stated, "That is very typical of passes, they move back and forth". Mr. McAlpin stated, "In the 1988 graphic you can see the pass from seventeen years ago and it is still exiting north". Your exit has been in the same approximate location as it is. It will shift a little to the north or south. Mr. Camiener asked, "It appears as if when the pass was moving northward it was getting closer to the buildings and I was wondering if you moved the pass slightly southward, would you protect the buildings"? That would give you some additional sand. Mr. McAlpin stated, "If your look post-hurricane, what we have tried to do is to straighten the pass out". What we have tried to do is to get a better tidal flow by straightening the pass out. I think this pass was going further north and now it tends to go out straighter, post Hurricane Wilma. Hurricane Wilma has somewhat straightened the pass out. Mr. Camiener stated, "I am concerned from what I heard earlier about the water going north" . Mr. McAlpin stated, "As we straighten out the pass that area will become a quiet area, with less velocity and with less velocity more sand will settle. Mr. Camiener asked, "What would happen if you moved the pass more south, you would have more sand in the back"? Mr. McAlphin replied, "I can't comment on that". I think straightening the pass is a more positive benefit, so we are willing to do that". To a certain extent, Mother Nature is going to do her thing. The other point that we need to make is that this is a situation that is going to continue. We are not going to do it just once, but every three years you are going to have to dredge for tidal flushing and every three years we are going to have to go through and probably have to renourish this beach. We are looking at a situation where this pass has been very manipulated in the past. It is still manipulated and you heard the State say that. What we are looking at is a concept, or 560 1611 Clam Bay Sub-committee November 9, 2005 scope, that will help you with dredging for tidal flushing and help us renourish the County Park Beach. I have estimated this project at a cost of approximately $500,000. Mr. Domenie stated, "I am asking for cubic yards for the shoal". Mr. McAlpin replied, "What we have said is that it is going to be approximately $100,000 for the permit, we are hoping to be able to use a mechanical dredge, as opposed to a hydraulic dredge, and believe it to be approximately $300,000. If you have $300,000 and 30,000 cubic yards it is in the $10.00 range. Mr. Domenie stated, "At the moment it is $17.00 per cubic yard". Mr. McAlpin replied, "At the moment is it $27.00, plus some that will have to be trucked, which will be $15.00-$20.00 per cubic yard for trucking". Mr. Camiener asked, "In this concept you are talking about some kind of agreement on an easUwest basis as to a certain point where you would take remedial action". Would there also be a north/south point? The north/south point is important as far as moving into the building area. Mr. McAlpin replied, "What I would say is that we would sit down with the Pelican Bay representatives, your consultant, our consultant and FDEP and work these conditions out". If north/south assurances make sense, we will do something like that. We want to protect you and to protect ourselves. Mr. Burke asked, "When does the permitting paperwork have to be into the State"? Mr. McAlpin replied, "We believe it will be a six month issue to modify the permit". What is important now is that if we can reach consensus, we want to go to the State and say we have reached a consensus with Seagate and Pelican Bay and this is how we want to do it and what our thoughts are. They can then tell us that we will have a permit modification or that we need a new permit. We need to start working the details with the State and I don't want to do that and have them ask if everyone is in agreement and have to say that we are not. That is what I am looking for. 561 1611 Clam Bay Sub-committee November 9, 2005 Mr. Burke stated, "This Sub-committee needs to go to the full Board at today's meeting and say that this plan has or has not been accepted and we recommend that the full Board vote to move with it". Mr. Domenie stated, "One of my concerns is that in eighteen or twenty-four months, if we have a problem with the beach and we come to the CAC and they say alright, that when the information gets out to the public that the CAC is going to spend $400,000 to renourish Pelican Bay beaches and there is no public access, there is going to be an uproar and it will be stymied". No matter what the agreement says, there is going to be a public uproar about using public funds to replenish Pelican Bay beaches. Mr. McAlpin replied, "On Monday of this week I reviewed this plan with Mr. Ochs, the Deputy County Manager, and if it is an agreement with the State, they would stand by that agreement". I believe that we have a commitment from the CAC and the County Manager to do this. I don't know where else I can go with this at this point in time. When we have this plan finalized I think it is appropriate that we take it to Commissioner Halas and also to the Board to get their input to it also. We could provide the safeguards so that you are not holding the bag and I think we are willing to do that. Mr. Burke stated, "Our okay to move forward is to continue developing the plan". Essentially, what you have in place would be okay if we voted to do that and as you continue along over the next few days or weeks the safeguards would get more specific, is that correct? Mr. McAlpin replied, "What I want is agreement on a conceptual plan". Then over the next six months we are going to define the plan, which will be part of the permit. As we move further along we are going to funnel that conceptual plan further down into the specifics of where the safeguards are and that ultimately will be written into the special conditions of the permit. Mr. Roellig stated, "I am not comfortable in moving forward without an actual engineering study" , Mr. McAlphin stated, "We have had an engineering study". Mr. Roellig replied, "I have not seen it".' 562 1611 Clam Bay Sub-committee November 9, 2005 Mr. McAlphin stated, "I will see that you get it when it has been wrapped up". We have gone through a literature search and a search of all of the beach surveys and documentation. You saw the results of the meeting with Coastal Engineering and FDEP. Mr. Roellig replied, "That was verbal". Mr. McAlpin stated, "An engineering study has been done, but it has not been committed to paper". I believe it is more important to come up with a plan that we can take to the State, but that will be a part of it also. Mr. Burke stated, "As I recall from our meeting, Mr. Humiston and Coastal Engineering have been either working together or communicating back and forth". Mr. McAlphin stated, "Both have agreed that with the safeguards we have talked about, this is a workable scenario". Mr. Burke asked, "To wrap up this session, we need to go to the full Board and say that we are in conceptual agreement with this and recommend that we work with Mr. McAlpin to move ahead with the conceptual plan and to work to build in the specifics, is that correct"? Mr. McAlpin replied, "That is correct". Mr. Burke asked, "Mr. Domenie, do you or Mr. Roellig entertain a motion to do that"? There was no reply. Mr. Domenie stated, "I am willing to put a motion for conceptual approval, depending upon all of the ands, ifs, or buts". Mr. Roelllg stated, "That does not really mean anything". Mr. Domenie stated, "I would say just bring it to the full Board stating that this Sub- committee has neither endorsed nor objected to the concept". Mr. McAlphin stated, "I have to say that Pelican Bay can back out at any point". You could make the decision with the State that you do not support this plan moving forward, if you feel that the details that were worked out do not satisfy the spirit of what we are talking about. You could always, at some point in time, say that we are not in agreement, which would stop the project. I think you have that option. I am not asking you to say yes we are going to do it, what I 563 16'1 Clam Bay Sub-committee November 9, 2005 am asking for is a commitment to say that we have a conceptual plan that we can agree on, in general, and we are agreeing that we are going to continue to flush out the specifics of the plan. Mr. Domenie asked, "If we decide not to do anything, you will still go ahead without our okay to dredge the ebb shoal, is that correct"? Mr. McAlpin replied, "I don't know what we would do", We have made a commitment to Commissioner Halas that we were going to get with you and work out the details of how we deal with the pass and the park. I think we have to exhaust all options before we go back to Commissioner Halas and say we have not been able to reach an agreement. I don't know what we would do at that point and would not want to comment on that at this time. Mr. Domenie stated, "Some of us feel and I am very concerned that if you go to the CAC and say that we want $400,000 to put sand on Pelican Bay beaches, which are not open to the public, that is not going to fly". No matter what the contract says, there is going to be a public outcry and the Commissioners are going to say that it can't be done. Mr. McAlpin stated, "I am not sure if you know it or not, but every third year $300,000 has been allocated for dredging". Mr. Burke stated, "We are not being asked to approve a plan, we are just being asked to be in agreement to move this concept forward". Mr. McAlpin replied, "I am asking you to agree to a conceptual plan and approach, on which we will continue to work the details and at some point in time you will have the option to bring it back to your Board with the specific details". Mr. Burke asked, "Do we need a motion to go to the full Board, or do we just go to the Board and say here is where we are and what is taking place"? Mr. Domenie stated, "I am going to throw a monkey wrench even further into this issue". If annexation goes through, will that in any way affect this work? Mr. McAlpin replied, ''The CAC is responsible for all County beaches and we represent the City of Naples, as well as the County". You would be dealing with the same cast of characters. 564 1611 Clam Bay Sub-committee November 9,2005 Mr. Carroll asked, "Why don't you make the motion"? Mr. Burke stated, "As I recall the direction of the Board of County Commissioners at the meeting was for all concerned parties to get to something that included the interests of all". From what they charged us to do, I think we are there. Mr. Burke moved seconded by Mr, Domenie and approved on a vote of 2/1 that the Clam Bay Sub-committee advise the full Board that a conceptual plan has been developed and that the Coastal Project Manager and the CAC is asking us to provide our approval to move forward with the development of a specific plan. Mr. Roellig cast the dissenting vote. ~------------- ~ - ------ - - ----- --- ---~------ ~--~-~ Mr. Domenie asked, "Are we throwing it to the full Board, without any endorsement from us". Can we do that? Mr. Burke asked, "Why not"? We worked with the CAC on this and at least in Phase I there is something for all of the interested parties, the beach gets renourished if it gets to that point and we have safeguards if we start to lose sand from the beach. I am not worried at all about whether or not they would come through with the money to do it, it would be a directive of the permit. Mr. Domenie stated, "The full Board would have to approve it". Mr. Burke stated, "When you go to the State you are going to want to say that the interested parties are Pelican Bay and Seagate". Dr. Buser stated, "Our primary concern is the beach and the larger crowds that are being put there and more flushing". Mr. Domenie stated, "I would like to hear the feelings of the residents of Naples Cay". Dr. Buser replied, "I think they are in agreement with any flushing because they are in a stagnant area", That is the major driving force, because we have always been under the impression that Pelican Bay is bearing the brunt of these expenses. To me, it seems as though there is actually public funding available for a public beach renourishment project that actually accomplishes some of the things that are a source of expenditure for Pelican Bay. With this, you get the safeguards. You could get a category four or five storm next season and even if there was no dredging you might have erosion for which you have no remedy other than your own 565 1611 Clam Bay Sub-committee November 9,2005 funds. If this project is enacted, you would have a potential remedy. If those safeguards are appropriate to the larger structures, it is a pretty good setup for everybody. Mr. Domenie asked, "Could it be a revised motion that we present it to the Board without comment"? Mr. Roellig stated, "I don't know what the purpose of that would be". Personally, I think it is a little premature. It is possible in the future that I would have to support this, but I don't have enough information or anything to review. Mr. Burke stated, "Support the concept", Mr. Roellig stated, "I can't support a concept, if I don't know the details behind it". Dr. Buser asked, "Can you support the concept pending the safeguards of the structures"? Mr. Roellig replied, "I am not comfortable moving ahead on something I don't have the details on". Mr. Domenie asked, "Why do you limit your dredging to one area and not extend it"? Mr. McAlpin replied, "Because we were trying to straighten out the channel". If you look at it, it is about centerline and we believe that a straight channel is going to be best for channel flushing. Mr. Domenie stated, "I can remember when my wife and I never swam at the pass because after a heavy rainfall you would get the tannic acid coming off of the mangroves". The pass area is always brown, which indicates the water is moving north instead of south. Mr. McAlpin stated, "We just completed the survey and it indicated that this was a source of sand that had the correct grain size and in the right quantities that were needed to renourish the beach". We want to have a coarser grain of sand because it is denser and will stay on the beach longer than a finer grain of sand. That design is based on the recent survey. Based on this being an old drawing, "P" may not be there any longer. If you would like, we will work with you and your group to come up with a dredging area that makes sense. I don't have a problem 566 1611 Clam Bay Sub-committee November 9,2005 with that; you are going to sign off on all of the final issues. That was the basis for right now, based on the recent survey data. If it has to be tweaked, we can tweak it. Mr. McAlpin stated, "I want to comment on Mr. Roellig's comment of this being premature". During this process of continuing to refine the plan, we will issue a document package that will be provided to you, which may be a month from now. Mr. Domenie stated, "Here there are only three voices, the full Board may have other ideas or may say they think this is an excellent idea and move forward". I still think we would like to see an aerial of where we stand today, realizing that it has changed over the past fifteen years. Mr. Burke stated, "Conceptually, that is not going to change anything". There is enough sand out there to renourish Clam Pass Park Beach and to have the safeguard to protect us against erosion is simply where we are. As you continue along with this, it is going to all be tied together. Mr. McAlpin stated, "I am more concerned about our getting into the State for a permit". It takes a tremendous amount of time to work through the permits. I want to get in front of the State and say that this is a conceptual plan that we have developed; we have conceptual agreement on it, now provide us with your input in terms of what we have to do for a permit. Their input may come back to us and we may have to change our approach. I don't think it will, but that is the critical path. Mr. Burke stated, "Maybe we don't need a motion to the full Board". Maybe we just go to the Board and say here is where we are. Mr. Domenie stated, '" think it would be better to go to the full Board and say that we have had a presentation and Mr. McAlpin, will you be able to make the presentation to the full Board"? Mr. McAlpin replied, "Yes". Can I take this to mean that we have passed the conceptual agreement and can go to the Board with it? I want to be able to say that you are in basic agreement with this plan. 567 1611 Clam Bay Sub-committee November 9,2005 Mr. Domenie stated, "What we are saying is that between the three of us, there are not enough voices that we can speak for the full Board". We want the full Board to hear this presentation and make the decision. Mr. McAlpin replied, "That is fine, I can do that". Mr. Roellig stated, "I don't want to be an obstructionist, but I can't agree with it without an additional study". The bottom line is we are paying to put sand on the beach and they are taking sand off of our beach. If you think that is a good idea that is your opinion. Mr. Domenie replied, "I don't, but that is why I am saying allow the full Board to decide whether it is a good idea or not". BEACH RENOURISHMENT Mr. Burke stated, "We are running out of time". Mr. McAlpin, can you provide us with some information on beach renourishment, where we are, start date, etc. I know you are resurveying. Mr. McAlpin stated, "We are resurveying the beach". We completed the survey after Hurricane Katrina, which identified that there was more erosion than what we had allowed for. For your area, I believe the number is now 43,000 cubic yards. We have resurveyed after Hurricane Wilma and we will have those results back to you by your next Board Meeting and those will be the final numbers. Mr. Domenie stated, "As I understand it, we started at $870,000, we agreed to $1,000,000 and after Hurricane Katrina you came back and said $1,100,000 and we said we would not go the additional amount". Mr. McAlpin stated, "That number will change after Hurricane Wilma". I do not have that number yet, but will have it within the next two weeks. Mr. Burke asked, "What are your time lines now with all that has happened"? Mr. McAlpin replied, "They have been pushed back". We have received our Army Corps of Engineer's Permit; the last issue is the Notice to Proceed by FDEP. We will probably start 568 1611 Clam Bay Sub-committee November 9,2005 work in January and we still have enough time to complete the work prior to turtle nesting season, which is May 1 st. This job will happen this year. Mr. Roellig stated, 'We had talked about 36,000 cubic yards and pre-construction the number was 43,000 cubic yards and we don't know what the number is after Hurricane Wilma". Mr. McAlpin replied, "That is correct, but you will know that number within the next two weeks". Mr. Roellig stated, "This is not a project that you can just shave and still have a good project". You have to look at the facts and make the decision. To say that we wouldn't go for the money, I don't know. I just have to see the numbers. Mr. Burke stated, "We may be at our limit money-wise", Mr. Roellig replied, "Then we should decide to do something else". CLAM BAY HURRICANE DAMAGE Mr. Lukasz stated, "There were substantial trees knocked down in the Clam Bay system". We started to clean some of the interior channels and did clear some of the downed trees from the creeks. There are still a lot of trees to be removed and we are in the process of getting a contractor started on that work. There are also a lot of downed trees within the mangrove forest, which will require the Board to make a decision on how extensive of a removal process that you want to start. Mr. Domenie stated, "After Hurricane Charley, I was under the impression that within fifty feet of the boardwalk things would be removed". After the last meeting we decided to discuss it further, Mr. Lukasz stated, "At the discussion that took place in lieu of the Budget Sub-committee Meeting, we discussed possibly not removing anything and to look at the downed trees with Mr. Hall from an environmental standpoint". Mr. Hall has said that other than aesthetics, there probably Is not an environmental benefit in removing them. There has also been a lot of leaf loss. 569 16 J 1 Clam Bay Sub-committee November 9, 2005 Mr. Burke stated, "It was interesting that over the past year when we have talked about the channels, people have asked me about them and apparently they are paying attention to their value". Mr. Lukasz stated, "The contractor was out there last Thursday and Friday clearing out some of the blocked areas". Mr. Domenie stated, "I have not seen a single Fiddler Crab since the hurricane". Mr. Lukasz asked, "Do you want to discuss the parameters that you want for removal of the downed trees in the general mangrove forest"? We can do the ones at the immediate edge. Mr. Burke asked, "Are you comfortable with not going in fifty feet"? Mr. Lukasz stated, "We could selectively remove them at the immediate edge, along with the ones downed in the creeks and interior channels". Mr. Domenie asked, "Does that fall within the $165,000"? Mr. Lukasz replied, "That is within the scope". ANNUAL REPORT STATUS Mr. Todd Turrell stated, 'The Annual Report is coming along and on schedule for a December presentation". Mr. Lukasz stated, "We have generally provided the Annual Report in December". We have had special meetings and have also done it during a regular meeting. Mr. Burke asked, "What worked best for us"? Mr. Carroll stated, "One year we asked everyone to come an hour earlier in order to not have a separate meeting". Mr. Burke asked, "Will the Report be ready by the first week in December"? Mr. Turrell replied, "Yes", Mr. Burke stated, "We will have our regular December ih Meeting start at 2:00 P.M. instead of 3:00 P.M.". Mr. Domenie asked, "Will the report be available to us prior to the meeting"? Mr. Turrell replied, "Hopefully". 570 16' 1 Clam Bay Sub-committee November 9,2005 Mr. Burke stated. "I read last year's Report and was really impressed with it". I came to the meeting and asked if anyone in the State really read this Report and everybody joked. When the State was here for the Naples/CAC Workshop, Mr. Brantley was quoting from it and I found that he really does read it. ADJOURN There being no further business the meeting adjourned at 2:55 P.M. James Burke, Chairman 571 1611 MINUTES BUDGET SUB-COMMITTEE February 15, 2006 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, February 15, 2006 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. John laizzo Mr. Matthew Mathias (Absent) Mr. David Nordhoff ALSO PRESENT: Five (5) residents and two (2) members of the Pelican Bay Services Division Board; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Ms. Jean Smith; Operations Analyst, Pelican Bay Services Division; Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of Minutes of the September 21,2005 3. Audience Participation 4. Fiscal Year 2007 Capital Project Review Carryforward Projects - Funded Carryforward Projects - Unfunded New Projects 5. Fair Share Program Update Status Next Steps 6. Alternatives to Rebuilding Uninsured Asset Reserve Update Status of Credit Facility What do we want from the Pelican Bay Foundation? 7. Committee Requests 8. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show all members present with the exception of Mr. Mathias with an excused absence. APPROVAL OF MINUTES OF THE SEPTEMBER 21.2005 MEETING Mr. laizzo moved, seconded by Mr. Nordhoff and approved unanimously, the Minutes of the September 21, 2005 Meeting. --~~~~-- ----- ------- - ---- --~~ ------ ---- ---- AUDIENCE PARTICIPATION There were no comments from the audience. Misc. Corres: Date:~1-Illl 0 b Item#: (/orIel b 435 Copies to: Budget Sub-committee Meeting February 15,2006 16' 1 FISCAL YEAR 2007 CAPITAL PROJECT REVIEW CARRYFORWARD PROJECTS - FUNDED CARRYFORWARD PROJECTS - UNFUNDED Mr. Sutphin stated, "For the Record, we are slightly behind the planning and budgeting calendar that the Board adopted for putting the budget together", I believe that part of it was a subconscious desire to get the annexation issue behind us before we moved into the budgeting process, which was compounded by my being out of action for about a month. I will ask your indulgence in trying to move this process forward as quickly as possible, I believe that we are approximately one month behind schedule in terms of getting things up to speed and have time to review the budget with the full Board before we have to submit it to the County's Budget Director. Mr. Sutphin continued, "At the last meeting, we started looking at Capital Projects", For this year, at the end of the day, we will have $150,000 in excess Capital Funding that has been collected over and above the net of all of the carryover that will not be spent because we are not going to do the work and having $220,000 for the Oakmont wall work, unless we get a surprise when the actual bids come in. Mr. Lukasz, I don't know what your feeling is about where we are going to come out on this project. Mr, Lukasz replied, "I think that number will be okay". Mr. Sutphin stated, 'We are going to have something on the order of $150,000 in unspent Capital Funds on the books, available to either carryover to next year's projects or to use if the Board feels there are things that are desirable to do this year, over and above what is currently planned". Mr. laizzo stated, "I think we should apply that money towards Oakmont", Mr. Sutphin replied, "Oakmont is taken care of'. This is after spending. Mr. laizzo stated, "Yes, it is taken care of, but we have no money for it". Mr. Sutphin replied, "Yes we do", Without Oakmont we were approximately $370,000 over funded. Some of this goes back to Mr. Ward throwing in some enhancements to some of the irrigation projects and it is easy to blame Mr. Ward. The last guy always steals the pencils, 436 Budget Sub-committee Meeting February 15, 2006 1611 Mr. Sutphin continued, "The net is that when we look at all of the funds that have been approved, collected and deduct everything that is currently scheduled to be done, including Oakmont Lake, we have approximately $150,000 remaining". Mr. Petty stated, "I don't know that we really have to blame anybody". Mr. Sutphin replied, "I meant that facetiously", Mr, Petty stated, "The Capital Projects that we have existing are rather lengthy". There are projects that are out there that we know we have to do, they are just not immediate and we have to address them at some point in time, One is the irrigation upgrades and there are several other projects out there as well. We put the Oakmont project out there ahead of everything else this year because of resident's concern for its' current condition. Because of the Oakmont Lake, we have stopped the other Capital Programs as well, until we get the bids in. We are holding all of our funds with Oakmont being the priority. The rest of the year is upon us now and if anything comes up fine, if not, here is what the picture shows. Mr. Sutphin stated, "There is approximately $150,000 that the Board can consider spending this year, either by accelerating something that would normally have been done next year, or looking at something new". I have one potential small candidate for some of those funds that I will get into in a few minutes, That is how we will end the year if nothing changes. NEW PROJECTS Mr, Sutphin stated, "We asked for suggestions from Board Members for new Capital Programs and we have a list that was reviewed briefly at the last Board Meeting", Mr. Sutphin continued, "The first project is street lighting and I think we got into a discussion that essentially says that we are locked in terms of the number of poles that we can have, without looking at major expenses", Mr. Petty stated, "There is not really a simple option to be chosen to see if it is better or worse than our current condition", Our system has already put in the few options that it can and the pole spacing and design is fixed. Mr. Sutphin stated, "I did something a week ago that I have not done in a long time". went to a concert at the Philharmonic and instead of taking US 41 home, which I usually do, I 437 Budget Sub-committee Meeting February 15,2006 16'1 took Pelican Bay Boulevard home, I looked at the street lighting along Pelican Bay Boulevard and from my perception, and this is at night, the problem is not the street lighting, it is the landscaping. There are poles where the light is completely obscured by the palm trees and is nothing more than a spotlight shining down on the street. I am not proposing that we kill all of the trees, but the trees are now impeding the effectiveness of the street lighting that we have. I think that we need to look at what it would take to prune back trees that are obscuring the street lights. Mr. Lukasz, you almost have to get out there at night to look at it. In some spots it is very bad, where the light is almost non-functional and is surrounded almost 2700 by trees and the light is not diffusing the boulevard at all. It is just shining down on a very small spot. Mr. Petty stated, "From its' first days here, the system was supposed to be an understated lighting system, by design", Over the years we have pumped up the wattage as people have asked for more lighting and less understatement. Our lights have changed to metal halide, which is a whiter light, versus the amber light of the sodium vapor. I think what you are talking about now, is what we discussed at the last meeting, that for our Capital Projects do we put in a dollar amount where we can have a lighting engineer evaluate the system and come up with suggestions, based on the existing design? There really is only one lighting engineer in this two or three county area. Mr. Jeff Hassell is the lighting engineer and is the person who did the design for Pelican Bay, Mr. Sutphin asked, "Mr. Petty, do you have any idea of what that study would cost"? Mr. Petty replied, "Mr. Lukasz has talked with Mr, Hassell and believes that the figure of $25,000 is more than enough to compensate for any study that he would want to do in Pelican Bay". Mr. Sutphin stated, "I would suggest that you prepare a proposal for the next Board Meeting, to authorize that study". Hopefully the Board will approve it. Mr. laizzo stated, "Before we go there, why don't we get those trees pruned back". Mr. Petty replied, "Palm trees cannot be pruned". Mr, Sutphin stated, "I would suggest that for anyone who wants to observe this phenomenon that they go down Pelican Bay Boulevard at night and look at where the palm tree is 438 Budget Sub-committee Meeting February 15, 2006 16' 1 , .~.";; now up at light level". It is not a question of pruning the palm tree, the tree would probably have to be removed or the light has to be moved, Mr. Petty stated, "If we have a cluster of eight palm trees, we may want to move the light ten feet". If it costs $25,000 to have a light study done so that we can have the facts and options available to us for all future questions, of course we should do that. We need a status of our existing condition done by somebody who has the light meter and knows his profession and can say that this is only giving you one-third of the value that it is supposed to, because of landscaping, etc. Mr, Sutphin stated, "As I am looking at what can realistically be in next year's budget from a Capital standpoint, even if we engage a lighting consultant, we will not have a definitive proposal to include in next year's budget. This will probably be in a budget for Fiscal Year 2008 or beyond, Mr, Petty stated, "We can certainly address a landscape maintenance issue in next year's budget" . Mr, Sutphin replied, "Yes, but nothing major to do with the street lighting", Mr. Nordhoff stated, "The $25,000 would be out of this year's budget". Mr. Sutphin replied, "If the Board feels that it is worth doing, I believe the recommendation would be to use $25,000 that we have", Mr. Petty stated, 'Whether it would be this year or next year would be up to the Board". Mr, Sutphin stated, "Let's take a look at what is involved, the timing and whether there are any other alternatives to this one lighting engineer". Mr. Petty replied, "There really are not", Mr. Hassell's schedule is rather tight because he is one of the only certified lighting engineers in the area. Mr. Nordhoff asked, "Can you check to see if his schedule would permit doing a study this fiscal year? Mr. Petty replied, 'We will be glad to", Mr, Sutphin stated, "That way we will have a recommendation at the next Board Meeting" , 439 Budget Sub-committee Meeting February 15,2006 16 J 1 Mr. laizzo asked, 'Was there ever an evaluation made on each and every lamp to see if we can improve anyone of the lamps"? Let's start there first. Mr, Petty replied, "That has already been done". Mr. laizzo stated, "If so, I haven't seen it", Mr. Petty stated, "Mr. Hassell has submitted that to the District in year's past", They probably reside somewhere down in the County archives, I have seen the blueprints and you should be able to get a copy of the blueprints from Mr. Hassell. Mr. Hassell has given some of the data to Mr. Lukasz and we have gone over that at staff level. The data is there, it is available. We went from the 175 watt to 250 watt along Pelican Bay Boulevard and in single family we are now up to 100 watts, versus the 75 watt bulbs that were there before, The wattage has been pumped up as far as the electrical components can currently carry, without changing out the electrical components. Again, the spacing of the poles is going to be the major issue and you are not going to be able to up the brightness without having really bright areas. Mr, Sutphin stated, "I would almost bet that if you took all of the trees out, which I am not proposing, you would get complaints that the lights are too bright". The areas where there is not a lot of landscaping in the medians, there is a lot of light on Pelican Bay Boulevard. Long term, what I think we are probably looking at is a balance of natural daytime beauty, versus effective street lighting at night and there has to be some compromise reached. I am not prepared to even speculate what that might be at this point in time, I do think that we need a professional to take a look at it. Mr. laizzo asked, "Do we have an evaluation that says that the lighting in inferior and could be dangerous to drivers"? Mr. Petty replied, "No". There is no such report. That would be a personal opinion. There is no scientific study that says that it is dangerous or not dangerous, Mr, laizzo stated, "I think anybody could go down the road and make that decision on their own", Mr. Petty replied, "It is a personal perception". Some people see better at night with a great deal of light and for some people the light hurts their eyes, 440 Budget Sub-committee Meeting February 15, 2006 1611 Mr. Sutphin stated, "From a common sense standpoint, what is probably dangerous is inconsistent lighting, which is exactly what we have", You go from areas that are quite bright to areas where there is almost no light, in the space of 200 yards, and your eyes do not adjust that quickly, Mr. Steve Seidel - San Marino - "Are you getting a lot of complaints about the lighting"? Mr. Sutphin replied, "No", This was a suggestion by our Chairman and another Board Member to take a look at improving the lighting on Pelican Bay Boulevard. There have been some individual complaints about specific areas of Pelican Bay Boulevard, Mr. Carroll stated, "I can campaign a little and get a lot of complaints for you if you need that in your database", Mr, Sutphin replied, "Probably not". Mr. Seidel stated, "I would be curious as to how the public would feel when there are a very limited number of people interested in this, especially when you are considering spending thousands of dollars". Mr. Sutphin replied, "I don't think you are going to see that". For one thing, it is not something that we can even consider spending money on. The system is tapped out, unless we go back to square one and completely redo the system and there is absolutely no need to consider that. Mr. Petty stated, "As a counterpoint, the District is responsible for the street lights". Do we have a great deal of complaints over the years? We have had enough of them to ask this question of ourselves. Is the street lighting system functioning and are they functioning as designed and are they doing their job? The answer can be determined by the person who designed it, because we are not lighting technicians that can say the number of lumens designed are the ones that are hitting the ground, That is why we are asking for funding so that an engineer can say that your system is operating at 100% efficiency per design, or your system is operating at 50% of capacity. We are looking for that type of evaluation so that we can respond to those who have asked, is the street lighting system working right because it does not appear to be? I am going to tell you over my history of Pelican Bay, which goes back to 1982, this will be 441 Budget Sub-committee Meeting February 15,2006 1611 approximately the third time an evaluation has been done, It is probably time to do one again. It has been approximately thirteen years since Mr. Hassell was asked to measure the performance of the system and provide us any report. I believe that it is about time for us to get an evaluation because it is our responsibility, It is not like we are trying to redesign the poles and get ornamental poles. This is trying to evaluate the performance of the system. Mr. laizzo stated, "It might just be time to replace the total cap and glass", Just replace the entire top. Mr, Burke asked, "In the last few years didn't we do some selective tree pruning around certain lights"? Mr. Sutphin stated, "I can tell you that there are light poles out there that you might as well take down, with the number of trees that have grown around the bulb", I think it is going to be a combination of selective pruning and possibly moving some palm trees. It is a lot cheaper to move some palms than to move a light pole. Mr. Lukasz stated, "It is a balance between the look of the landscaping and the brightness of the lights". Mr. Sutphin stated, "The street lighting is bright", Mr. laizzo stated, "I feel the fixture needs to be cleaned or replaced". That ought to be looked into first. Mr. Petty stated, "That is why we are looking for an evaluation by the engineer". Mr. Sutphin stated, 'We will have a proposal at the March 1st Board Meeting", Mr, Petty replied, "Yes, the Board did ask us to come back with a proposal", US 41 BERM BIKE PATH Mr. Sutphin stated, "The next Capital Program that was suggested was received from Mr. Petty for a pedestrian/bike path on the US 41 berm", Am I saying that correctly? Mr, Petty replied, "Yes, I just wince when you say my name behind that suggestion". I did not know that I was going to be caught there. This is an idea that came up when the folks in Pelican Bay who enjoy utilizing their bicycles were looking for a lane on Pelican Bay Boulevard to bicycle in. Because of the width of the road, you either have to designate it for bicycles only or 442 Budget Sub-committee Meeting February 15, 2006 16' 1 leave it where it is right now with cars, because you do not have enough room to have two lanes of traffic and a bicycle lane. The pathways on Pelican Bay Boulevard were designed for just that, for bicycles, joggers and for people out for a walk, It turns out that we have a large pack of power bikers and should we have a place for such use? We thought that if we could not give them a lane of traffic we might be able to provide them with a long road to ride their bikes on. The berm is being taken up with the tram and pedestrians. The road option will always be there, but can we give them a area that is for bicycles alone, or an area where bicycles are welcome? Off the top of my head I came up with the US 41 berm and that it would be possible to put in an asphalt bike lane on the US 41 berm. Mr. Lukasz has checked on asphalt prices and I will defer to him on the prices that he as received, Mr. Lukasz stated, "For asphalt and any landscaping and irrigation modifications that would be required, for 5,000 lineal feet of bike path, five feet wide, it would be approximately $138,000", Mr, Sutphin stated, "To do the stretch between the two boulevards would be approximately two miles at a cost of approximately $150,000 a mile". Mr. Bonness stated, "From a pathway standpoint, if you are looking at traffic moving both ways, you are not going to see bikers using that area". It will turn out to be a walkway. You are going to have to go at least ten feet wide, Mr. Sutphin stated, "A pathway ten feet wide would be approximately $500,000", I would simply throw this out as something that could be done and I would really want to see if there was any community interest in spending $500,000 on such an enhancement. That is a lot of money. Mr. laizzo stated, "It is a lot of money and once you put it on US 41 it is not private any more". Mr. Sutphin replied, "Yes, as anything we do in public rights-of-way in Pelican Bay is public domain and there is no guarantee that it's going to be solely for the use of Pelican Bay residents" , Mr. laizzo asked, "How do you know how many bikers would be interested in it"? 443 Budget Sub-committee Meeting February 15, 2006 16'1 Mr. Petty stated, "I agree and would be glad to put that on hold for nothing more than if there is enough interest, ever, in Pelican Bay we would have something fall back on", Mr. Sutphin stated, ''There is another reason", I want to make sure that we do not repeat the Oakmont Lake fiasco again. Legally, the Foundation owns the berm, so when we are talking about enhancements on the berm we are talking about spending public funds for enhancement of private property. 'am not against it, but' would not do it in a vacuum, This would have to be done in conjunction with the Foundation Budget and Audit Committee and, at a minimum, have their endorsement before we would even proceed to the next step. Mr. Petty stated, "The $500,000 is just a small piece". As you say you do not want to spend money on private property so the District would require an easement over the property be granted before they could do it. Mr, Sutphin stated, "The issue of bike and pedestrian amenities is a growing issue that 1 am sure is going to come up in the strategic planning effort that Mr. 'aizzo and I are engaged in, along with other Foundation members". It is something that will probably overlap public and private interests and would be a joint thing if we can ever decide exactly what it is we want to do, The $125,000 per mile figure, for a five foot pathway, is a pretty good budgeting number and a nice one to know, It will probably be a universal number for anywhere we would want to get into that kind of activity, Mr. Carroll asked, "Would you have to put lights on it"? Mr. Sutphin replied, '" would hope not". Mr. Nordhoff stated, "The residents might get upset about lights at night", Mr. Sutphin stated, "They are already going to have street lights". Mr, Petty stated, "There are all types of things that need to be considered in this type of effort", It was nothing more than if there was a large bike enthusiast group in Pelican Bay who were looking for additional facilities. other than what they currently have, this may come back and is an option to consider. Right now they can certainly take their bikes on Pelican Bay Boulevard and we hope that is sufficient. 444 Budget Sub-committee Meeting February 15,2006 16' 1 ENTRANCE ENHANCEMENTS Mr. Sutphin stated, "The next item on the list is entrance enhancements, which was suggested by Mr, Domenie". Mr. Domenie is not with us today, so I really do not know what it is that he is thinking about. The entryways look pretty good to me. Mr. laizzo asked, "How long ago were those entryways put in"? Mr, Lukasz replied, "Approximately five years ago", Mr. Sutphin stated, "I don't know if Mr. Domenie is talking about more landscaping, in terms of more color or whether he has a redo of the signage in mind". We are going to have to defer until the next meeting when Mr, Domenie is in attendance. I am completely in the dark about what he might have in mind. OAKMONT PARKWAY LANDSCAPING EHANCEMENTS Mr. Sutphin stated, "The last item is mine", I know that the HMA site adjoining Oakmont Parkway Extension has been a sore subject for a long time, I guess the Foundation prodded HMA to do something about it and there is an email that has been sent to our Committee Members that says they had their landscaping service, Florida Landscape, Inc., clean up the lot. I drove by the site and it appears a lot better, but it still looks like empty land with a lot of scrub on it. The only thing that we can do and I think we should do is beef up the landscaping along the right-of-way, so that you can't see it. Mr. Lukasz, I don't know what is involved in doing that. Mr. Lukasz replied, 'We can add to the Sea Grape that is already along there". The Sea Grape that are there now are on the HMA property and moving a little closer to the roadway. It is not right-of-way, but rather Foundation property, We could add another line of Sea Grape to try to beef that area up, Mr. Sutphin asked, "Do you see any objection to doing that"? Mr. Uek replied, "I believe there was some contribution made to that effort by WCI", don't know whether we have spent all of those funds, but I do know there was an attempt to clean the area up and it did not look bad for a while. With the hurricane, the Sea Grapes got knocked around and it appears a little uneven right now. 445 Budget Sub-committee Meeting February 15,2006 1611 Mr. Sutphin stated, "If that wall of Sea Grapes were a little higher and little denser it would have some eye appeal", It would not require a lot of money to keep it looking good, Mr. Uek, would you look into this effort to see if we need to fund it? We need to get moving on it. Mr. Uek replied, "Yes, I will". Mr. Carroll stated, "At the last Board Meeting Mr. Kinney made reference to the possibility that this site had a preserve implication on it". Mr, Sutphin replied, "It does". There is some type of Scrub Oak that is in the same category as a mangrove and cannot be cut. They have cleaned the lot up, removed the trash and considering that it is undeveloped land, it appears very nice. I think that if we can put a visual barrier of plant growth along Oakmont Parkway Extension, the people will not complain about it any more because they won't be able to see it. It is no longer an eyesore and we have the owner's attention. Let's do out part to get the job finished up and I assume if we maintain good relations with HMA they will do their part and take care of their property, As I mentioned at the last meeting, they are becoming a much bigger force in our community by taking over the Cleveland Clinic and they have an image to maintain. Let's hold them to it. Mr. Uek stated, "From time to time that lot has been for sale and people have had trouble making the cash flow work because of the height restriction, which makes it difficult to cover the construction costs". I don't know if it is actively for sale right now, but historically it has been. Mr. Sutphin stated, "At least the Foundation had them take the first step and get the land cleaned up", Let's follow through and if we need to do something, we'll do it. If there is money available, that is even better. Mr, Sutphin stated, "For the next Board Meeting, I would like to put dollar signs on as many of these projects as we can at this point in time". There is not much here, plus anything Mr. Petty and Mr. Lukasz feel that we should be funding for next year. I would like to look at a preliminary Capital Budget at the next Board Meeting on March 1 st. Mr. Petty stated, 'We were talking about a issue today that we would like to bring up at this meeting to see what type of strength that it may have". At the last Board Meeting we discussed a project that we are calling "East of the Berm". There is a Committee that has been 446 Budget Sub-committee Meeting February 15,2006 1611 meeting infrequently, which I have been assigned to and is working on this project. We were out there today taking pictures of the area to come up with a pamphlet for the Board Meeting and to answer questions that residents have about why do I look out my window and see this huge area of muck and mud flats. As we have discussed in the past, it is basically a two to three year growing period, once we have cut the channels through the mangroves to allow the saltwater back where it belongs. We have done that to help the mangroves, and this area that you see is what we had done two or three years ago and it is starting to grow back. We have cleared several areas of cattails that needed to be pulled out or were dying because of saltwater intrusion. Until the soils build up this saltwater condition, the saltwater plants that we had planted were not taking root, at least in this test area. We looked on the east side of the berm and we have large retention areas, all different shapes because we allowed the condominiums to reshape them as long as our volumes stayed the same. Those areas contain a lot of Willows and there have also been complaints of trash collecting. We took a strong look at those areas today and talked to condominium managers and residents that we saw along the berm, This berm is one of the most prized possessions in Pelican Bay today. To let that system sit there with the trash on one side with Willows growing and the other side a mud flat for two or three years may not be responsive enough for our residents, We talked to the condominium property managers and think that we can come up with a program for discussion at a future Committee Meeting where we might even be able to get some of the properties that abut the berm to join us financially In a clean up effort. Mr. Sutphin stated, "There is an old saying, "Great minds think alike". That is really next on my list on where do we stand on getting the condominiums to participate in that program? Mr. Lukasz, are we talking about east of the berm? Mr. Lukasz relied, "Both sides", Mr. Sutphin stated, "East of the berm is one that is funded", Mr. Petty stated, 'We went back and looked at that East of the Berm Funding and it covered "x" number of feet from the berm and because our retention areas are so irregular, it does not include a lot of areas that it should", 447 Budget Sub-committee Meeting February 15,2006 1611 Mr. Sutphin stated, "The private property line gets in the way of getting harmonious treatment" . Mr. Petty replied, "Our easement would go around that property line so we would not have any issues as far as spending money on private property", We are spending it within the District's responsibility. Mr. Sutphin replied, "What I am saying is that if you want a harmonious look in that area, you are going to need private participation so that you don't go to some imaginary line and stop". That has been one of the issues. Mr. laizzo stated, "You are going to have to run the entire berm all the way to the Registry" . Mr. Petty replied, "Yes", Mr. Sutphin asked, "How do we get the condominium associations on board to participate in the program so that the whole program gets a harmonious look"? Mr. Petty replied, "We have talked about two options at staff level". One option is to knock on their door and market the program, walk them through the program and show them where it has already been done. The Claridge and Naples Grande Resort and Club have already done this work and there are a few others along the berm who have already completed this program, We think that there is a good chance that a marketing effort would get these people to participate and be able to get a large portion of your berm completed, You also have the option of doing the work and applying assessments to the areas that receive the benefit. In other words, if the Claridge had not done it's job of clearing out the area and it was now the District's decision to do that work on the eastern side, you could make that a special benefit area and they would pay an assessment that would pay for the cost of clearing that portion, which nobody else would be paying. Mr. Sutphin stated, "Just talking off the top of my head, I think there are a lot of areas that can be explored". It is a classic example of where we need the Foundation on board with us to take it to the condominium associations and also the power of the press of the "good guys and the bad guys", to be able to show pictures. We would utilize the Pelican Bay Post as a vehicle to 448 Budget Sub-committee Meeting February 15,2006 16'1 market this program and add a little embarrassment to condominiums that don't feel that it is in their best interest to join the program. A little peer pressure certainly doesn't hurt. Mr. Petty stated, 'The other side of it is that looking across the berm from what I call the freshwater side, and is the condominium side, to the saltwater side, since it is now saltwater since the channels have been cut, we have not planted anything other than what we have tried in the test area a few years ago", After going through the list of what was planted and what was successful, it appears that leather ferns are making it and may be a nice cover material to consider. Mr, Sutphin stated, "I don't want to cut you off here, but the way I look at this, when you get into the Clam Bay area, we have a committee that deals with Clam Bay", I strongly suggest that they come up with a program of what funding they may want in the budget for Fiscal Year 2007", They are the ones that should deal with this. They have the operational control over both sides of that berm. Mr. Carroll stated, "East of the berm was funded separately". I hate to throw cold water on your point because we have been working on this area for two years, but the idea of trying to get the condominiums to participate never really got off the ground. That ties into getting the condominiums to put in bubblers instead of spraying all of the water around and giving us a water problem. They seem to do nothing about that. I am not saying not to try it, but I have a feeling that the Pelican Bay Services Division and Foundation are going to have to pay for it. Mr. laizzo stated, "The other problem is that once you enhance that area you are going to have to maintain it and that cost just keeps going", Mr. Petty replied, "The resource is spectacular". Mr. Sutphin stated, "I have no clear view on how much we should spend on it". The last thing I remember is having a lady come in here with a ream of signatures from people who didn't want anything done to that area. Mr. laizzo stated, "Let's not forget that", Mrs. Rita Seidel - San Marino - "I just want to mention that the last time this was brought up there were two different sides". A lot of people did not want a manicured look because they 449 Budget Sub-committee Meeting February 15, 2006 16' 1 love to see the birds, etc. I have never seen so many bird watchers as are in Pelican Bay this year. Mr. Petty stated, "I am not proposing a landscape improvement program where you would put in flowers and ornamental bushes". We are talking about an area on the west side where we have cleared the cattails and it is now a mud flat. What we need to get out to the residents right now is that it is going to take two to three years for the soil to update itself to the saltwater conditions and for the saltwater plants to take hold and grow as you see in the test area. In the test area you have green cover over the mud flats. Visually, if you have water and then green, that is going to be okay, The mud flats are causing the people to ask what is going on, It's not a natural condition; we went in there and pulled out the cattails. We do that because this particular section is part of the District's water management facilities and always has been. We have always gone in there to harvest the cattails to remove nutrients, because it was a nutrient uptake zone before the water got into Clam Bay. Mr. Sutphin stated, "I am not trying to cut anybody off, but the task of this Committee is to put together a budget". What goes into that budget is the input that we get from individuals and the Clam Bay Committee. In this case, I think that input needs to come from the Clam Bay Committee and for whatever the balance is between the do nothings and the manicured park area, let's come up with a number that we want for next year. Mr. Petty relied, 'We will do that". Mr. Carroll stated, "I would suggest that you define these as two separate projects". Mr, Sutphin relied, "If you go to the Capital Project list, there are two areas that are identified and there is funding in there for this year that is going to get spent". None of this applies to the rest of the berm. Mr. Lukasz stated, "There were funds in there for planting enhancements for the cattail area, but we spent some of that money for the hurricane clean up", Mr. Sutphin stated, "The forecast is for the Clam Bay funds to end up essentially with a zero balance at year end". We are starting next year with a clean piece of paper for whatever you want to do out there. 450 Budget Sub-committee Meeting February 15, 2006 16'1 Mr, Burke asked 'What is the green growth that floats on the surface"? Mr. Lukasz replied, "The green that floats is duckweed, but the other is Bacopia", Mr. Burke stated, "No matter what we do with the mud flats right now nothing will make it". Mr. Petty stated, "That is one of the things we talked about today". We do think that we can get the leather ferns to grow on the mud flats. We don't believe that we are going to be able to cover the entire mud flats with the leather fern, but we did notice where we could get them planted in an area high enough that they would survive, Right now it is a very large black, mucky area and there are odor problems associated with low tide and the leather fern is the typical ground cover of that area and will probably end up what is going to be there naturally, If we can intersperse the leather fern in there now, it might be a plus, Mr. Sutphin stated, "The document that we have used for the last two years as the basis for putting together the Operating Budget, is the Scope of Services document that defines by each function, how often we cut the grass and how high", I would like any recommendations for changes from Mr. Petty and Mr. Lukasz, done prior to the Board Meeting on March 1st, I would like to take the first run through of that document with the Board in March. If the Board approves it, it then goes to Ms. Jean Smith to start costing it out. That, in effect, becomes the operating budget for next year. That is for all controllable departments, which excludes security at this point. Mr. Sutphin stated, "I have two comments on security", I understand that the Sheriff is going to be presenting an option, is that correct Mr. Carroll? Mr. Carroll replied, "Yes, but I don't know what it is", Mr. Connell and I are meeting with the Sheriff and his Deputy at 8:30 AM on Friday. Mr. Sutphin stated, "I have also had extensive communications with Mr. Lickhalter of the Foundation on Security, in response to his request", The Foundation has a full time Director of Security. I am led to believe that they may be putting together a security plan for the community. Mr. Uek, do you know if in fact that is where they are headed? 451 Budget Sub-committee Meeting February 15,2006 16' 1 Mr. Uek replied, 'We are talking about enhancing the security, but uncertain of where that is going to go", One of the concerns is our beachfront. During the middle of the night some of our beachfront facilities have received vandalism, from time to time, by kids who are up to no good. The idea is should we be doing something because there is no security out there at 2:00 AM? We are having the conversation of, has the world changed to the degree that we need to pay attention to that? It is a different angle than with the Sheriff. Mr. Sutphin stated, "What I am looking for is something that looks at the totality of security in Pelican Bay and looks at the Sheriff's Department as a part of that and how much of it do we need", If you go back in history and there are people who don't understand this, the original request for the additional Sheriff's protection that we contract for, came from the Foundation, We do it because the Foundation could not contract for it legally. Then, individuals have accused us of spending money unnecessarily, but we have never been presented with an alternative. I would like to see that. We are looking at three to four months to put something together in time to put it in our budget. Mr. Uek stated, 'With security you cannot see where the missing pieces are and I am sure there are missing pieces". Mr. Sutphin stated, "The Sheriff may have some proposals that we will know about by our next Board Meeting". That information will be conveyed to Mr. Lickhalter and we will see where that takes us. Mr, Uek stated, "I believe that it is going to be recommended to the Foundation Board that an ad hoc committee be formed, with some expertise to address this issue", I personally think that is a good idea, I do not think that there is enough fire power on the present committee, in the area of security, to be able to address the issue, Mr. Burke stated, "A while ago we initiated some informal conversation with the Sheriff and it appears that their feeling is that since they were first contacted to do this extra police work, there has been a whole lot of changes in Pelican Bay". Apparently Pelican Bay was partially built out when they were first contacted and they knew statistically that with all of the open areas and construction going on it made sense to have this extra coverage, Now, in the last couple of years 452 Budget Sub-committee Meeting February 15,2006 1611 things have changed overall, in both their department and with Pelican Bay being built-out, and they have indicated that they have been thinking about some new approaches, That may be what the meeting with Mr. Carroll is about. Mr. Sutphin stated, "I would be pleasantly surprised if they had some suggestions that ended up saving us money, but somehow I doubt it". Mr, Carroll, if that meeting is Friday, will you have a report for the Board at our March 1 st meeting? Mr. Carroll replied, "Yes, but I am not sure what I am getting into". Mr. Sutphin stated, "The timing is certainly right, because the Foundation is thinking about it and it is time for us to think about it again". It has been a controversial item and I think we need to deal with it. FAIR SHARE PROGRAM UPDATE STATUS NEXT STEPS Mr. Sutphin asked, "Mr. Petty, can you provide us with an update on the Fair Share program, where does it stand and what is the next step"? Mr. Petty stated, "The Chairman has set up the network with the political representative of the County". Mr. Carroll has developed the repertoire with Commissioner Halas and is currently trying to set up a meeting with staff, so that we can speak to him about that issue. It is a policy issue. We have talked with Collier County staff, who can take it no further because it is a policy issue and must be addressed by the elected officials. Mr. Sutphin stated, "I see this in two discreet parts", One part is to try to get some cost concession, albeit small, on an item that we pay taxes for in the Unincorporated Area General Fund levy and also fund the service by assessing our residents. The big item there is landscaping, What I originally had in mind when we met with the County Budget Director was, let's try to get the County to pay for some share of the fertilizers, pesticides or whatever, a credit if you will. Then, the other part of this is on small projects, and the one that was a thorn in our side for over two years was the sidewalk overlays, In an area where the County has responsibility and funds something, but for whatever reason whether it is the lack resources or it is too small of a job to percolate to the top of the pile, allow us to do it, but they pay for it. They are presently 453 Budget Sub-committee Meeting February 15,2006 16' 1 paving the sidewalks, so we cannot use that one. Mr. Lukasz, is there something else on the list that we can go after as a tangible example of a small project? Mr. Lukasz replied, ''There are other areas of sidewalks that were done five years ago that are going to be due again". From what I understand, there are areas that have not been overlaid for over ten years and they would have priority over these. Mr. Sutphin asked, "Are sidewalks something we should take a shot at"? When the sidewalk in front of your home is in bad shape, it is a very big deal to you and we have people in Pelican Bay who I get emails from asking when are you going to fix my sidewalks? It gets embarrassing after a while. It appears to me, that would be a great project to go after, Mr. Carroll stated, '" agree". I think we should keep that sidewalk issue out there, even though they are overlaying some of it now, Mr. Sutphin stated, "It is easy, we will take it over for you and send you the bill", Mr. Carroll stated, "That is the attitude that I want, but I don't know where it is going to go". The Commissioner had no problem with this, but in effect, it is being bumped over to Mr. Petty and me to go to Mr. Oaks to negotiate. That is the meeting that I am going to set up. Mr, Sutphin asked, "Do you have a time frame in mind as to when you hope to be able to do that"? Mr, Carroll stated, "I have Mr. Petty's schedule and , have called to try to schedule a meeting for 9:30 AM Friday, but I have not gotten a confirmation". If not Friday, it will be sometime next week, Mr. Sutphin stated, "I believe that in both areas, it is important to get something and it doesn't have to be big", It is a start and once we get the first concession, then we can go on to the next one, Mr, Carroll stated, '" believe that it is going to be a hard sell, but I think we ought to sell hard", Mr. Sutphin stated, "The worse they can do is say no". Mr. Petty replied. "I disagree, I think it is an easy sell". You pay $16,000,000 to the County for the General Ad valorem Tax for general County services because your property 454 Budget Sub-committee Meeting February 15,2006 1611 values are that high in Pelican Bay. The County has a 4,6 millage rate. You pay $4,000,000 to the County for what they call Unincorporated County Municipal Services, which are services that are supposed to show up in your back yard because that is what "municipal" means, You are paying $4,000,000 to the Pelican Bay Services Division, which you do see spent in your backyard each and every year. Our question to the County and why I think it is so easy is, $20,000,000 is going out of Pelican Bay, show me what percentage is coming back. Mr. Sutphin stated, 'We are not looking for much, we are just looking for a little", Mr. Petty stated, "The idea of us participating in something as simple as project management of something that has already been funded and allocated for Pelican Bay, should be a simple request and a simple first step", Mr, laizzo stated. "I would not suggest you using the argument of the General Fund because everybody pays that". Mr, Petty replied, "And everyone gets something back", Mr. laizzo stated, "You can't argue that". Everybody pays that and they get services for that, including the Sheriff. When you get into the Unincorporated Area that is where you have to hit them. We are paying $4,000,000 for services that we are providing, Mr. Petty replied, 'We are paying for those services because we are a donor community". We pay more than our fair share of taxes, so it is our right to ask the question because we are the donor community. Since we are a donor community, the $16,000,000 is already more than our fair share for the services rendered, we acknowledge our social responsibility to the area and we pay our due. You now have hit us with another $4,000,000 that you call Unincorporated Municipal Services, that I don't understand because I don't see it, please explain, That's all we are asking, Mr, laizzo stated, "If we were annexed we would still pay that $16,000,000". Mr. Petty stated, "This has nothing to do with annexation". Mr. laizzo stated, "It doesn't, but the point is that you would pay that no matter where you are". 455 16' 1 Budget Sub-committee Meeting February 15, 2006 ALTERNATIVES TO REBUILDING UNINSURED ASSET RESERVE UPDATE STATUS OF CREDIT FACILITY WHAT DO WE WANT FROM THE PELICAN BAY FOUNDATION? Mr. Sutphin stated, "At the last Board Meeting, the Board agreed in principle, that it would be desirous to not assess and rebuild the reserves", I have had some communication with the Foundation and they feel that it is in the best interest of Pelican Bay to not rebuild the reserves. Mr. Petty, do you have the status on our getting our own line of credit? Mr. Petty replied, 'What we have been developing for a lot of Independent Districts, within the State of Florida, is a line of credit or access to commercial paper for short and long term debt to address the issues versus building a reserve", We have talked with the County's Budget Director, who has no problem with us building that into our budget. Mrs. Barbara Smith has also talked with the Clerk of Courts who we would also have to work with. There is one other area that we would like to develop and that is the County also has the ability to provide that vehicle of commercial paper or credit during time of need. Mr. Sutphin asked, "The issue from a planning standpoint is, what is your best view of the timing required to get the credit facility in place and what would you like us to ask the Foundation for, in terms of their being our backup emergency source of short term cash"? My next step would be to send an email to Mr. Uek and Mr. Seblatnigg, and say here is what the Pelican Bay Services Division would like as a commitment from the Foundation for next year. Mr. Petty replied, "I would recommend a very low level of commitment". I would recommend that the Foundation, in this idea of funding, is one of showing brotherhood in Pelican Bay more than anything else, It is a show of support. Mr. Sutphin replied, "That's basically what we have now", If there is a natural disaster and we needed cash to pay bills, they would advance us the cash until we could levy a special assessment and pay them back. Mr. Petty stated, "If they have the cash they are willing to help us out", Mr. Sutphin stated, "Do you want a continuation of that agreement"? Mr. Petty replied, "That would be fine with me, I do not need a fixed amount". I like the show of support and we would rather not go to them, we would rather go to the League of Cities, 456 Budget Sub-committee Meeting February 15, 2006 1611 the Association of County's or to Collier County commercial paper before we go to the Foundation, During the time of emergency it is probable that they should be using their money to help Pelican Bay in their area of responsibility. I do like the idea. Mr. Uek stated, "It seems to me that there is enough of these going on that this should be able to be placed on a master RFP of some major banking facility, to get a master structure on how to create, at a very low cost, a line of credit that everybody can use", Mr. Petty replied, "That already exists", Mr. Uek stated, "The Foundation should provide a letter, that if you run out of money, the Foundation will either lend you or cause to have lent to you, money so that you can operate". Mr. Sutphin stated, "We were unaware until approximately ninety days ago, that we could actually get our own line of credit, using our ability to assess as the full faith in credit of the Services Division, with the District as collateral", Mr. Petty replied, "Yes, it gets more complicated than that because there are other things that we have to satisfy, such as the total ceiling limit on the County". As a Dependent District, we are counted in the County's totals. We should have all of the sources that any other governmental agency, which is the Association of County's, the League of Florida City and commercial paper. The reason being, we are trying to build the commercial paper for both a short term and mid-term style of notes. The notes under the master umbrella usually take in the municipal view or some other view that is not ours in Pelican Bay. We are looking for a little flexibility, Mr. Sutphin stated, 'What we are looking for is a safety net so that if we put together a budget and at the time it gets submitted the credit facility is not in place, we have a fall back resource that will cover us until we get the administrative details ironed out". I guess if I am hearing Mr. Uek right, we are covered. Mr. Uek replied, "Yes". The point is the Foundation could have the same problem at the Services Division, if our entire beach front was wiped out. That could cost approximately $15,000,000 to rebuild and I have the right to tax and have to go to the people and at the same time you may be coming to me and saying we need $3,000,000. 457 Budget Sub-committee Meeting February 15,2006 16'1 Mr. Sutphin stated, "It would never be that much". The operating problem that we have being part of the County is that we cannot cut a purchase order unless we have the cash in the bank to pay for it. In that case, there would be a need for some short term cash so that Ms. Jean Smith could cut the purchase orders to hire the temporary labor to clean up the mess, It is really an operating constraint. Mr. Burke asked, "Mr. Bonness, what would your thoughts be of taking one lane north and south of Pelican Bay Boulevard to a bike lane"? Would it be used? Mr. Bonness replied, "Yes". Right now there isn't a designated bike lane and a person on a bicycle can move from lane to lane. When you designate an area, a bicycle is required to be in that area, Mr. Nordhoff asked, 'What percentage of your cyclists might be Pelican Bay residents"? Mr. Bonness replied, "Approximately 15%". A lot of us may not be residents, but have connections with family that are. Mr. Nordhoff stated, "My concern is that if we went to the expense of creating bike lanes, there would be an argument from the residents that a lot of the cyclists are not Pelican Bay residents and it is not private. If you are doing it for the safety of those residents who do ride bikes, then it is justified, Mr. Bonness stated, "A lot of the bike traffic you see is just drive through and getting from Vanderbilt Beach Road to Crayton Road". Mr. Burke stated, "We have been told that we could paint off a lane on each side, close it up to car traffic and we would still have enough capacity with one lane north and one lane south. I would like to know if there would be enough bicyclists that would rise up and say that it is the greatest idea in the world or what? We do have a speed problem on Pelican Bay Boulevard during the season and a lot of that is cut through traffic, I was going thirty at dusk the other day and two cars passed me. Mr. laizzo stated, "If it were one lane you would not get that drive through traffic". ADJOURN There being no further business, the meeting adjourned at 4:15 PM. 458 Budget Sub-committee Meeting February 15,2006 16' 1 Christopher Sutphin, Chairman 459 1611 January 12,2006 February 9,2006 Approval of CAC Minutes V-1 TRANSCRIPT OF THE MEETING OF THE COLLIER 1of7 COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, January 12,2006 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1 :00 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington John Arceri - Excused Gerald Camiener Murray Hendel Heidi Kulpa Ronald Minarcini Tony Pires John Sorey III Paul Sullivan ALSO PRESENT: Gary McAlpin, Coastal Projects Mgr. Gail Hambright, Tourist Tax Coordinator Colleen M. Greene, Assistant County Attorney Fiala Halas Henning Coyle Coletta 1 Misc. Corres: Date:!B;!ll ( O~ ,tem#:11iL1 Cd- = Copies to: 1611 January 12,2006 February 9,2006 Approval of CAC Minutes V-1 2 of? I. The meeting was called to order by Chairman Ron Pennington at 1 :00 PM. II. Roll Call A quorum was established with Mr. Pires absent at roll call and John Arceri having an excused absence. III. Changes and Approval of Agenda Mr. McAlpin noted that a correction to distributed information has been handed out. Mr. Sorey moved to approve the agenda. Second by Mr. Camiener. Carries unanimously 7-0. IV. Public Comments None V. Approval of CAC Minutes 1. December 8, 2005 - Regular Meeting Minutes Ms. Kulpa noted the following changes: Page #2- Mr. Sorey joined the meeting at 1 :06 pm; Page #3 Ms, Kulpa would prefer the word use "indicating" instead of "demonstrating"; Page #4 under item VIII., 1. the word "at" should be added; Page #5 under item VIII, 2. she would like the word "if' added, with Mr. Pennington declaring that it is correct as stated. Mr. Sullivan moved to approve the minutes of December 8, 2006 as corrected. Second by Mr. Camiener. Carries unanimously 7-0. VI. Staff Reports 1. Revenue Report Mr. McAlpin reviewed handouts (see attachment) noting that revenues have picked up and continue to be monitored on a monthly basis. Anthony Pires joined the meeting at 1 :07 PM. 2. Project Status Report 2 16' 1 January 12,2006 Mr. McAlpin reviewed report hand outs (see attachment) addressfJlibrua.ry 9, 2006 I 'fy' ., 1 d' h f!: 11" Approval ofC"Ae Minutes V-1 C an mg questIOns mc u mg t e 10 owmg pomts: 3 of 7 Dr. Bauer will check with the attorneys if legal matters have been worked out with Sub-Oceanic. · He will look into Beach Emergency Funds. · A quarterly update will be given on the 10 year plan. · Lake Trafford funds will go through in 2006. Mark Isakson, Management and Budget addressed the parking garage expense; he will review the subject and return to the Committee. Mr. Hendel complimented Gary McAlpin on his work of the reports, VII. New Business 1. TDC Funds to City of Naples for Doctors Pass Dredging Gary McAlpin reviewed Executive Summary "Recommend Approval of an $118,663.86 cost increase in TDC funds to the City of Naples for the dredging of Doctor's Pass, Project No. 905501 and necessary budget amendment." (See attachment) Ms. Kulpa moved to approve the $118,663.86. Second by Mr. Pires. Carries unanimously 8-0. 2. Humiston & Moore Work Order for Maintenance Dredging of Clam Pass Gary McAlpin reviewed Executive Summary "Recommend approval of Work Order #HM-FT-06-03, under Contract 01-3271 with Humiston and Moore to provide engineering services and construction engineering inspection (CEI) for maintenance dredging of Clam Pass for a not-to- exceed, Time and material price of$59,820 and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for construction dredging and approve all necessary budget amendments." (See attachment) Mr. Hendel moved to approve ''''Recommend approval of Work Order #HM-FT-06-03, under Contract 01-3271 with Humiston and Moore to provide engineering services and construction engineering inspection (CEI) for maintenance dredging of Clam Pass for a not-to- exceed, Time and material price of $59,820 and approve a revised project budget (90028) totaling $265,000 which includes $205,180 for 3 1611 January 12, 2006 construction dredging and approve all necessary bud!!et February 9, 2006 1l.pproval of CAC Minutes V-1 amendments" Second by Mr. Sorey. 4 of? Mr. Pennington noted that more sampling might be necessary, Some of the ebb tide shoal was moved due to hurricane Wilma. Mr. McAlpin added that the project should be completed around March or April 2006, Motion carries unanimously 8-0. 3. Lowdermilk Park Parking Lot Extension of TDC Grant Deadline Gary McAlpin reviewed Executive Summary "Recommend approval of the City of Naples request to extend the TDC Grant deadline for the renovations of Lowdermilk Park Parking Lot from December 31, 2005 to March 30, 2006," (See attachment) Mr. Hendel moved to approve "Recommend approval of the City of Naples request to extend the TDC Grant deadline for the renovations of Lowdermilk Park Parking Lot from December 31,2005 to March 30,2006." Second by Mr. Sorey. Carries unanimously 8-0. 4. Marco SouthlCaxambus Pass Project - Contract Gary McAlpin reviewed Executive Summary "Review project and obtain recommendation from CAC to proceed with contract to renourish Marco South Beach/Dredge Caxambas Pass Project 905001" (see attachment) including the following points: · All permits have been issued except the notice to proceed from DEP, Nothing is holding the project back at this point. · Twenty-eight bidders were notified, fourteen purchased plans, with only one bid returning from Subaqueous. · There was an increase in cubic yardage. · The DEP permit allows renourishment up until turtle season May 1 st. Fish and Wildlife National Marine Fisheries would not allow the May 1 SI date due to concerns with Snook Spawning; April 1 SI was the permitted deadline, · Subaqueous assured him that they would like to perform the project having the dredge on site on February 1 st. They proposed to perform the job on time; if they do not complete it by the given time then they will remobilize at their own expense. · Mr. McAlpin's opinion is that it will not be completed by the deadlines. · February 14th would be the earliest the contract could be approved by all necessary parties, 4 16'1 January 12,2006 It was suggested to appeal the Fish and Wildlife Nation ~arine F~'~~9. 2006 . . pprovlIlo eAe Mmutes V-1 deadhne. It was noted that by the tIme the appeal came t ougn t e 5 of 7 necessary time would have passed, Mike Treadneck, Taylor Engineering has the understanding that Marine Fisheries are trying to get tighter with restrictions. An extension of one week was granted. Options on how to execute the dredging in February were discussed. It was mentioned that no shoaling is occurring, and that the City of Marco is not willing to do any projects during turtle season. It was suggested to postpone the project until November, but have channel markers replaced for safety. Mr. McAlpin advised the Committee that there are three options: 1. Do the project now. 2. Accept bid, ask for commencement in November and negotiate mobilization price. 3. Re-bid within the next two months and commence in November. His recommendation is to move forward with Subaqueous in November. Mike Treadneck brought out that the current winning bidder is Subaqueous who is known to be a reputable company, Ifbidding is reopened all other companies will know the current bid price and come in lower. The lowest bid would then have to be taken regardless of the company. He also feels it is wise to put the project off until November 1 st, Ms. Kulpa moved to request the staff to renegotiate with Subaqueous to commence in November 2006. Second by Mr. Hendel. Carries unanimously 8-0. The meeting recessed at 2:31 PM reconvening at 2:37 PM, Mark Isakson reviewed the pay schedule for the parking garage, he will return with further information. A consensus was reached that the staff should go back to DEP and the Fishery Board to discover how the April 1 st date was arrived, and any future impacts. Mr. Sullivan suggest following up on channel markers and to pick a date to have the BCC approve the Caxambus contract. Mr. McAlpin will contact each Committee Member for any information on missing channel markers and then work with Doug Suitor to get the status on each one. He will return with the discovered information, 5 16 J 1 January 12,2006 5. Category "A" Grant Applications February 9,2006 Approval of CAC Minutes V-1 6 of? Gail Hambright, Tourist Tax Coordinator reviewed Executive Summary "Recommend Approval to implement notification procedure for Category "A" grant applications". (See attachment) Mr. Hendel moved to approve "Recommend Approval to implement notification procedure for Category" A" grant applications". Second by Mr. Pires. Carries unanimously 8-0. 6. 1 st Amendment GLDD Contract Gary McAlpin reviewed Executive Summary "Update CAC on progress of Collier County Beach Renourishment and obtain approval on Amendment 1 to Contract (05-3854) with Great Lakes Dredge and Dock Company, LLC", (See attachment) Mr. Pires suggested additional language in paragraph seven to specify completion dates, Mr. McAlpin replied that he will work with Great Lakes to nail down a time of completion after November I st if not achieved by May 16th, Mr. Hendel moved to approve "Update CAC on progress of Collier County Beach Renourishment and obtain approval on Amendment 1 to Contract (05-3854) with Great Lakes Dredge and Dock Company, LLC". Second by Mr. Sullivan. Motion carries 7-1 with Mr. Pires opposed. Gary McAlpin reviewed Executive Summary "Recommend Approval of CP&E proposal of$8,800 for a one day hard-bottom investigation of hard- bottom to determine if Hurricane Wilma cased sand to shift on the hard- bottom". (See attachment) Mr. Pires moved to approve "Update CAC on progress of Collier County Beach Renourishment and obtain approval on Amendment 1 to Contract (05-3854) with Great Lakes Dredge and Dock Company, LLC". Second by Mr. Sorey. Carries unanimously 8-0. VIII. Old Business 1. Vanderbilt Parking Garage Update Gary McAlpin reviewed Executive Summary "Progress Update - Vanderbilt Beach Parking Garage progress". (See attachment) Photographs were demonstrating. Certificate of Occupancy should be issued in around a month. 6 16' 1 January 12, 2006 2. County Beach Renourishment Project February 9,2006 Approval of CAC Minutes V-1 ? of? 3. Hideaway Beach Renourishment Update Gary McAlpin reviewed Executive Summary "Progress Update - Hideaway Beach Renourishment Project". (See attachment) This project is essentially complete, It has been a good job from a quality point of VIew, 4. 10 Year Plan Quarterly Update IX. Public Comments None X. Announcements Mr. McAlpin has received word that the funding request from FEMA for Vanderbilt, Park Shore, and Naples Beaches for hurricanes Katrina and Wilma have been authorized. They still have to go to Washington. An application was made to the Florida Boating Association for $100,000 which will have to be matched with $25,000, with the Association providing $75,000. This will create a reef area. XI. Committee Member Discussion Mr. Pennington noted that there is a meeting for Naples City Council Candidates at the Hilton at 5:30 PM tonight. XII. Next Meeting Date/Location 1. February 9, 2006 -1:00 p.m. - Government Center, Administrative Bldg. F, 3rd Floor ***** There being no further business for the good of the County of Collier the meeting was adjourned at 3:30 PM. COASTAL ADVISORY COMMITTEE Chairman Ron Pennington 7 Page 2 of2 . Thank you, Evelyn Colon 1611 1/31/2006 16'1 IIaM-",' IJMIC~ M.s.7.1t, ,Ad"'SOIY 601ft"""" 2705 Horseshoe Drive South Naples, FL 34104 Summary of Minutes & Motions March 2, 2006 III. & IV. Approval of Agenda and Minutes were approved unanimously. IX. Working Group Update's A. Utilities A report was distributed concerning a meeting held with Commissioner Halas on the burial of utility lines within the MSTIJ boundaries. They are still waiting for an agreement from FP&L concerning the right-of-way issues. VIII. New Business St. John's Evangelist sent an invoice for the rental of their facilities for 6 month's at $300. Bud Martin moved to approve payment to St. John's Evangelist for $300 for rental of the meeting room. Second by Carol Wright. Carried unanimously ~. Fiala Halas Henning Coyle Coletta J ~/ r Mise. Corres: Date:~ ltem#j fa I I C?J Copies to: """""" "..,~ M.s.7 A Ad~ISOIY (JOIIIIItIt'. 2885 Horseshoe Drive South Naples, FL 34104 April 6, 2006 Ae:enda I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: March 2, 2006 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie Sillery B. Report on Interest Earnings VI. LANDSCAPE MAINTENANCE REPORT - CLM VII. OLD BUSINESS A. Bike Path Update - Lew Schmidt B. Bench Update -Darryl Richard C, Mailing Update - Dick Lydon/Carol Wright IX. WORKING GROUP UPDATE'S: A. Utilities - Charles Arthur B. Maintenance - Lew Schmidt C, Tax Analysis - Bud Martin D. Liaison - Dick Lydon 1. Report on Mayor Barnett's Ad Hoc Meeting VIII. NEW BUSINESS: XI. PUBLIC COMMENTS XII. ADJOURNMENT The next meeting is scheduledfor 2:00 PM, May 4, 2006 AT ST. JOHNS PARISH LIFE CENTER 625111TII Ave. Naples, FL 1611 16'1 1I1U11f."," IJM,td M.s.' Jt. ,AA""OIV 60llllllltt.. 2885 Horseshoe Drive South Naples, FL 34104 March 2, 2006 Minutes I. Meeting was called to order by Chairman Dick Lydon at 2:00 PM. II. ATTENDANCE: Members: Dick Lydon, Carol Wright, Bud Martin, Charlie Arthur (Excused), Lew Schmidt (Excused) County: Darryl Richard-Project Mgr" Tessie Sillery-MSTU Coordinator, Derek Jobnsson- Clerk of Courts General Accounting Mgr. Others: Robert Kindelan-CLM, Jackie Bammel, David MacDvaine, Diane Scbneider- Manpower III. APPROVAL OF AGENDA Bud Martin moved to approve the Agenda as amended. Second by Carol Wright. Carried unanimously 3-0. IV. APPROVAL OF MINUTES: January S, 2006 Bud Martin moved to approve the Minutes of January S, 2006. Second by Carol Wright. Carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie Sillery Budget was distributed, (Attached) The various expenses were covered and discussed along with the Revenues, Refund from Hurricane Wilma was also discussed, o A lengthy discussion pursued with Derek concerning the interest figures, general ledger and money market account. o The MSTU interest is invested in the General Account with the Clerk of Courts, o Derek will report back at the April meeting on Annual Interest Earnings and the Carry Forward figures, Bud Martin moved to approve the Budget. Second by Carol Wright. Carried unanimously 3-0. B. Plumbing Repair for Irrigation System It was found the back flow preventer was in need of repair, Shamrock Plumbing repaired it for $11,025. The Committee asked staff to check with Utilities to see who installed it originally and could the MSTU be reimbursed for it. It was noted the MSTU is responsible for maintaining it. VI. LANDSCAPE MAINTENANCE REPORT - CLM o Nonnal maintenance o Mulch application almost complete o New plantings are growing quite well o Discussed the back flow preventer & stated the repair was successful Dick mentioned Susan Burkhart is pleased with the new plantings, 1 VII. OLD BUSINESS A. Bike Path Update - Lew Schmidt No Report B. Bench Update -Darryl Richard Installations quote from Varian Construction. $10,229. Benches. $5,875-will be shipped to Commercial Land Maintenance. The Committee asked staff to obtain a quote from CLM for storage and installation as the County's Annual Contractor. The benches are a separate cost, C. Mailing Update - Dick Lydon/Carol Wright Dick will write a letter to FPL CEO if nothing forthcoming from them by next meeting. 1611 IX. WORKING GROUP UPDATE'S: A. Utilities - Charles Arthur Jackie Bammel handed out and read a report from a meeting with the Commissioner and others addressing the Burial of Utilities. They are continuing with this issue as their major project, Staff reported they are still awaiting an agreement from FP&L for right.of.way. Florida Power & Light's attorneys are preparing it and it will in turn be reviewed by the County attorney, Dick met with Mayor Barnett and found he has set-up an ad-hoc committee, Dick was asked to attend and share his thoughts and ideas, Naples will not bury their lines until there is a referendum. The County has a new Grants Coordinator who can address State and Federal grants, Darryl was asked to pursue the possibilities of applying for grants and the procedure for the MSTU to follow, B. Maintenance - Lew Schmidt No report C. Tax Analysis - Bud Martin No report D. Liaison - Dick Lydon 1. Results of meeting with Mayor Barnett Report given earlier. VIII. NEW BUSINESS: S1. John's Evangelist sent an invoice for the rental of their facilities for 6 month's at $300, Bud Martin moved to approve payment to St. John's Evangelist for $300 for rental of the meeting room. Second by Carol Wright. Carried unanimously 3-0. XI. PUBLIC COMMENTS Dave Madlvaine: He asked what the MSTU funds are being used for. Darryl responded and explained the FP&L project that had been discussed earlier, Discussion followed on what would happen to the MSTU funds if the FP&L project was not approved or done. Options are to reduce millage and/or perform other projects within the MSTU, Being no further business to come before the Committee, the meeting was adjourned at 3:20 PM. The next meeting is scheduled/or 2:00 PM, April 6, 2006 AT ST. JOHNS PARISH LIFE CENTER 625111m Ave. Naples, FL 2 1611 Burial of Utilities Meeting A meeting addressing the burial of utilities for the Vanderbilt area was held on February 7, 2006 in the offices of Frank Halas. Present: Charlie Arthur Frank Bala (Port Royal) Jackie Bammel Diane Flag Jamie French Frank Halas Daryl Richard Grover Wid den Richard? (FPL) Topics of Discussion: Hardening Plan: Grover Widden announced that there is now a plan in place that will offer government entities who wish to sponsor the burial of lines a 25 percent discount of the total cost of the project. This amount would eventually be worked into the rate base. However, we would not see an increase in our bills for another four years as rates are frozen for four years. Charlie Arthur asked if we could incorporate the entire project into the rate base, but Widden stated that it would cause electric bills to go WAY up and would be too expensive for customers. Depreciation of Existing Poles: Wid den also stated that we would benefit from the depreciation of existing poles. County Easements: At our last meeting FPL promised to prepare the necessary paperwork for us to present to the County regarding the County agreeing to let us use their easements to bury the lines. To date we have not received this paperwork. Wid den reported that FPL had to make some special exceptions regarding this subject, and now the paperwork is being finalized by their attorneys and will be delivered to us shortly. Page 2 1611 Other Utilities: We need to get a letter of agreement from Sprint and Comcast stating that they also agree to go underground. We should also plan to get all utilities (FPL, Comcast and Sprint) together for a joint meeting to discuss the project. County: Frank Halas stated that we are probably looking at about six months before we can begin our Engineering Study. Individual Costs: It will be the individual owners' responsibility to cover trenching costs (cost to dig trenches from buried utilities to existing properties). Most condos are already trenched. 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LC)OOLC)LC)OOOOO No)o)NNo)o)o)o)O) COCOCOCOCOLC)LC)LC)........ ....0)0)........0)0)0)0)0) 1611 CO') II) Lri CO') en ~ CO') I'- o o c:i o o Lri' CO') o ('oj ~ <I: :t ::::E :J (/) W :J Z W > W 0:: VANDERBILT BEACH BEAUTIFICATION MSTU 1611 ' MONTHL Y ACTIVITY - FEBRUARY 06 MEETING REPORT Title Sub-Title Amount Other Contractual CLM- GM . $696.00 Other Contractual CLM- GM . $2,111,72 Total $2,807.72 Other Misc. Serv, Mancan - Secretary $308.79 Total $308.79 Electricity FPL 8,71 Total $8.71 CLM - Vanderbilt Rd & Landscape Maint. Dr. (installation of sod) $3,999.85 Total $3,999.85 Mulch Forestry Resource $137.20 Total $137.20 Totallnv. Paid $7,262.27 P.O History Shamrock Plumbing - Backflow Scrinkler Maint. Preventor $11,025 ~'1 Fiala ' ~:~~ng: ~/ = Coyle Coletta V - - = rC. r AGENDA Parks and Recreation Advisory Board March 15, 2006 2:00 pm Golden Gate Community Center I, Call to Order II. Pledge of Allegiance and Invocation III. Approval of February 8.2006 Special Meeting Minutes Approval of February 15, 2006 Meetina Minutes IV, New Business A. Presentation of Attitude Awards for Carol Buckler and Susan Calvani - John Ribes B. Caxambas Boat Ramp Lift for Marco Island Fire Department - Captain Bogan C. Election of Chairman and Vice-Chairman - John Ribes D. Recommendation and Approval of the Summer Camp Food Grant - Jim Thomas E. Projects by District Presentation - Marla Ramsey F. TDC Grants - Murdo Smith G. Recommendation and Approval of the Memorial Bench Policy - Amanda Townsend H, Recommendation and Approval of the Gift Policy - Amanda Townsend I. Tour of North Collier Regional Park for April Meeting - Marla Ramsey V, Old Business A, Update on Changes to the Fee Policy - Mary Ellen Donner B. Update on Noise Abatement Policy - Murdo Smith C, Update on Vanderbilt Parking Garage - Murdo Smith VI. Informational Items A. Capital Projects C. Recreation Activities E. Meeting Schedule G. Address List 8. Monthly Report D. BCC Recaps F. Attendance Report H. Adopt A Park Assignments VII. Adopt A Park - John Ribes Mile. Correa: OtaJ4JJ t! D 10 ttem.1.0-1:: l C4: CopIeS to 1611 PARKS AND RECREATION ADVISORY BOARD MEETING Golden Gate Community Center - 2:00 pm March 15,2006 Board Members Present: John Ribes, Chairman Ski Olesky, Vice-Chairman Joe Overbeck Frank Donohue Frank Donohue Timothy Toole John MacDougall Absent: Staff: Marla Ramsey, Public Services Administrator Mary Ellen Donner, Assistant Director Murdo Smith, Beach and Water Regional Manager Shari Ferguson, Regional Manager, Region 2 Ray Carter, Operations Manager Amanda Townsend, Operations Analyst Jim Thomas, Athletics Supervisor Tona Nelson, Sr. Administrative Assistant Guest: Tom Bogan, Captain, Marco Island Fire Department I. Call to Order at 2: 1 0 pm II. Pledge of Allegiance/Invocation III. Minutes of February 8, 2006 special meeting approved. Motion made by Ski Olesky, seconded by Tim Toole and passed unanimously. (4-0) Minutes of February 15, 2006 meeting approved. Motion made by Ski Olesky and seconded by Tim Toole and passed unanimously. (4-0) IV. New Business A. Presentation of Attitude Awards - John Ribes John Ribes presented awards to Carol Buckler, Park Ranger and Susan Calvani, Program Leader at Golden Gate Fitness Center. B. Caxambas Boat Ramp Lift for Marco Island Fire Department- Captain Tom Bogan Captain Bogan made a request to the Board for approval to install a boat lift for the Marco Island Fire Department to be used for emergency situations, After several questions from the Board to Captain Bogan and the Parks staff, the Board member requested more information from the Marco Island Fire Department. Captain Bogan will return when he has the information, 1 1611 C. Election of Chairman and Vice-Chairman - John Ribes Motion: John MacDougall nominated John Ribes for Chairman, seconded by Tim Toole. Motion passed 6-0. Motion: Tim Toole nominated Ski Olesky, seconded by John MacDougall. Motion passed 6-0. D. Recommendation and Approval of the Summer Camp Food Grant - Jim Thomas Jim Thomas gave a presentation to the Board on the Summer Camp Food Grant. The presentation included background data and policies and procedures. Motion: To Approve the Summer Camp Food Grant by Skip Riffle, seconded by Ski Olesky. Motion passed 6-0. E. Projects by District Presentation - Marla Ramsey Marla Ramsey gave a presentation to the Board on the park projects by County District. Motion: To approve Parks and Recreation to apply for a Florida Communities Trust Grant for reimbursement for the purchase of the Naples Zoo and surrounding land. Motion passed 6-0. F. TDC Grants - Murda Smith The Vanderbilt Beach Walkway Grant. Motion: To approve the Vanderbilt Beach Walkway Grant for $120,000. Motion passed 5-0. The Beach Cleaning Operations Grant. Motion: To approve the Beach Cleaning Operations Grant for $330,800. Motion passed 6-0. The Clam Pass Southern Boardwalk Grant. Motion: To approve the Clam Pass Southern Boardwalk Grant for $701,300. Motion passed 6-0. The Tigertail Restroom and Pedestrian Boardwalk Grant. Motion: To approve the Tigertail Restroom and Pedestrian Boardwalk Grant for $1,000,000. Motion passed 6-0. G. Recommendation and Approval of the Memorial Bench Policy - Amanda Townsend Amanda Townsend provided a handout of the policy. The Board members asked several questions of staff. Motion: To approve the Parks and Recreation Memorial Bench Policy. Motion passed 6-0. 2 1611 ..~ H. Recommendation and Approval of the Gift Policy - Amanda Townsend Amanda Townsend provided a handout of the policy. The Board members asked several questions of staff, Motion: To approve the Parks and Recreation Gift Policy. Motion passed 6-0. I. Tour of the North Collier Regional Park for April Meeting - Marla Ramsey Several options were discussed on how to proceed with the Board members taking a tour of North Collier Regional Park. The Board members decided to take separate, individual tours of the park. They will contact Marla Ramsey for arrangements. V, Old Business A. Update on Changes to the Fee Policy - Mary Ellen Donner Mary Ellen Donner updated the Board members on approval of the changes to the Parks and Recreation Fee Policy by the BCC. B. Update on Caxambas Noise Abatement Policy - Murda Smith Murdo Smith updated the Board members of the BCC approval of the Noise Abatement Policy at Caxambas Boat Ramp. C. Update on Vanderbilt Parking Garage - Murda Smith Murdo Smith updated the Board members on the grand opening which occurred on March 4, 2006. The operation is going well, good public response. VI. Information Items The Board members reviewed the material included in the packet. VI. Adopt A Park - John Ribes John Ribes gave a brief update on Golden Gate Community Park, Eagle Lakes Community Park and Sugden Community Park, ***Meeting adjourned at 4:50 p.m. The next meeting is at Golden Gate Community Center on April 19, 2006 *** 3 V oting Members Present: V oting Members Absent: Non-Voting Member Organizations Present: Workshop started at 3:00 p,m. COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE WORKSHOP Fiala Halas Henning Coyle Coletta J/ // I./~ V 7 February 15, 2006 1611 Walter Jaskiewicz, Coast Guard Auxiliary, Chair Lt. Nancy Reed, Collier County Sheriff's Office Reg Buxton, Greater Naples Chamber of Commerce J ames Elson, Collier County Veterans Council Gerry Sugarman, RSVP Floyd Chapin, Community Emergency Response Volunteers Jerry Sanford, Collier County Fire Chiefs Association Russell Rainey, Community Emergency Response Team Doug Porter, Naples Civil Air Patrol Captain Alejandro Castillo, Salvation Army Deborah Horvath, American Red Cross Health Department Emergency Management Neighborhood Watch NCH Pledge of Allegiance recited, Because this is a workshop, past minutes will not be reviewed or voted on until next meeting. Walt Jaskiewicz wants to get everyone's ideas together and get them on the table and see how we can get the Citizen Corps to be a more valued asset to the community that we serve. We need to be INFORMED-PREPARED-PROTECTED. State research shows Florida is ill-prepared for a terrorist attack. According to an article by Nicholas Alajakis in the Bonita News, 12 people out of 400 surveyed said they had a plan in effect. There is a billboard campaign being used in Lee County; however, Collier County has a sign ordinance which does not allow billboards to be used, There is a $750,000 Homeland Security Grant available for a billboard program that will make people aware of the need for preparation for hunicanes as well as terrorist attacks, Article was copied and handed to attendees, Should the Citizen Corps get involved and ask the County to waive this ordinance and look into applying for this grant? There are some billboards around, so we need to look into this (Jim von Rinteln will do this). The Citizen Corps could have a role in an outline for a plan that families could use, Most people probably don't have any idea how to prepare for a terrorist attack. Per Judy Nuland, the Health Department has large quantities of flyers in three languages that can be used. Jerry Sanford brought up that the All Hazards Guide is an excellent reference, from flooding to supplies needed in the home, etc. Per Lt. Reed, John Veit from Emergency Management has terrorist brochures. People don't find terrorism as critical or important, which is a problem, How do we get information out to the public? Community groups like the Citizen Corps and CERT are the ones to get the information out there at community meetings. Unless it is explained Uisthemm presentation form, people don't pay any attention to this issue, Ih/L/ I I /n>b"~ Date:~ Item#: (fa r ( ~S Copies to: 16' 1 Collier County Citizens Corps Advisory Committee Workshop February 15, 2006 Page 2 Walt brought up the Speakers Bureau which didn't pan out last year. He did give two lectures on the Citizen Corps in Marco and in Naples. Need to get this going again, which is one of the discussion items below. Tried to get out at different hurricane semjnars wjth a table on Cjtizen Corps - need volunteers to do this for an hour or two on Saturdays or Sundays, which is time-consuming, Jim von Rinteln brought out the "Issue: Community Emergency Preparedness" sheet, highlighting 4 points, The group can consider and easjly incorporate these bullets into each organization so that we don't have to work as hard and can be more effective, Discussion Items: Speakers Bureau Russ Rainey agreed to head up the Speakers Bureau, Responsibilities will include meetjng with various organjzations, i.e, Kiwanis, Lions, Rotary, Chamber of Commerce, etc, This person will help to set up speakers to go to these groups and talk about the Citjzen Corps, as well as the individual organization represented. Russ would like samples from each entity (Red Cross, Health Department, Sheriff's Office, etc.) in order to have them available at these meetings. Per Jim V., Emergency Management has a number of online resources. If you are looldng for a speaker for any of the various organizations, please email Russ at rrainey@swfla.rr,com, Walt brought up concern with Spanish-spealdng folks. Per Jim V" the new All- Hazards Guide, available in May, will be in Spanish as well. Red Cross, FEMA and Salvation Army have some publications in Spanish as well as in Creole, The Health Department and Sheriff's Office have publications in Spanish as well. Citizen Corps Information Table The hurricane seminars are not yet scheduled. Looldng at doing fewer, but larger seminars. Lt. Reed asked about these seminars being geared toward various hazards in general, not just hurricanes. Per Jim V" tradjtionally low turnouts at these events. Open to suggestion - first event is usually in April at County Days, then two per month until July. There is a problem with the media coming in and sharing Lee County information and confusing the Collier County public. However, the media seminars are a larger draw. Lt. Reed suggested if planning for one event, plan for all, including the flu, terrorism, etc, It would be good to have the Speakers Group speak with neighborhood groups and at homeowner association meetings, Captain Castillo would be happy to help with the Spanish population. Jim V, said there are dedjcated seminars in Immokalee and East Naples - he will call on Capt. Castillo to help with these. Per Lilla Tomasko, no one showed up last year at these sessions, Lt. Reed suggested we have the various churches get the information out, and Joe Irene offered the Neighborhood Watch group to get information out as well. Need to contact Ray Erickson with Neighborhood Watch, Jim V, said that Emergency Management has moved away from smaller groups, so if the Citizen Corps can help with these, that would be great. Walt and Judy asked if there was any funding available, Per Jim V., there is money available for handouts, but not for postage or rental equipment. Lt. Reed will contact the person listed in the article to see if the group can get some of the money. Floyd Chapin asked about getting letters to the various Home Owner Associations; Lt. Reed offered to email a letter out to all these folks, Doug Porter suggested advertising in the HOA newsletters. Put together a script to discuss preparedness and the emergency evacuation plan for the particular HOA. Per Judy, the Health Department is putting together a plan for the 20 largest facilities, which is half the County. Per Jim V., individual groups are ,ji ~~ii., 16'1 Collier County Citizens Corps Advisory Committee Workshop February 15,2006 Page 3 effective, but it takes time, An alternative to this would be to put effort in outreach to get people to attend EM's seminars, If you offer to go to each HOA, you may be inundated with requests, with not enough time or people to take care of these. Floyd suggested setting up a table at the Commissioner's annual meetings. Ask the individual Commissioner if someone from the Citizen Corps can have 5 minutes of their time. Jim V. suggested that rather than have someone speak during the Commissioners' Town Meetings, have a table in the back with informational brochures, Walt revisited the HOA letter, sift through the responses, pick out some that could be done, and refer the others to the EM seminars. This would be a start to get this program going. Per Lt. Reed, the SO does presentations as well. Per Jerry Sanford, he has a box with visuals for preparing for disaster, i,e, canned goods, etc. Jim V, said he could help in procuring these kits for the group to have available for their presentations, Government Days will be coming up sometime in April at the Coastland Mall. This showcases the different departments - EM has a table with information, and Citizen Corps had a table last year with information, The first Town meeting is March 8th - Russ and Walt will attend this meeting, and Floyd will go to the BCC office to get a list of the future meetings. Round Table - What Can Each Member Organization Do? Walt spoke on behalf of the D,S, Coast Guard Auxiliary, They have put together information on hurricanes and boat preparations. In the next 45 days there will be two-hour classes held once a week on how to prepare your boat during hurricane season, This has been successful in the past. The DSCGA also helped out the County, charting the water debris program after the hurricane, Jerry Sanford spoke on behalf of the Fire Chief's Association. They help make all the Fire Districts aware of the Citizen Corps, He is part of CERT, and brings his emergency kit whenever he goes out. Currently have 25 students in his CERT class who will be graduating in two weeks. Joe Irene spoke on behalf of the Neighborhood Watch group. There are 30-50 people who go through the communities at this time of year. Would be interested in integrating Neighborhood Watch at the Collier County Government Days. Gerry Sugarman spoke on behalf of RSVP. Every time there is an emergency or the threat of an emergency, they receive hundreds of calls, asking what people can volunteer to do. Sharon Downey has a list of drivers, kitchen workers, etc. He is available to speak on behalf of the RSVP, CERT, and CAP. Lt. Reed spoke on behalf of the Sheriff's Office. They take terrorism very seriously and want to go to the next step, to encourage awareness and encourage people to be proactive - need the community to be the eyes and ears for the SO, How do we encourage people to share information with the SO? Would like to be part of the billboard campaign. Need to prepare ahead of time, not after the fact. Judy Nuland spoke on behalf of the Health Department. Can assist with all the preparation guides being handed out. Will need the help of the Citizen Corps to help get the word out regarding the pandemic flu, Jim Elson spoke on behalf of the Veteran's Council. Most of their volunteer efforts are helping out in the shelters, although a couple people did help in running them - one in Immokalee and the other in one of the middle schools, They can give insight on how to be prepared for a shelter. One problem in Immokalee was the need for interpreters. Per Jim V., the American Red Cross runs the shelters, and it is 1611 Collier County Citizens Corps Advisory Committee Workshop February 15, 2006 Page 4 something to address. Often is the case that the Red Cross person does not have training on how to run a shelter, no familiarity with the school, how to run a generator, etc, There is a larger Spanish-speaking community, as well as more people moving into the County - need to get shelter information to these people. Discussion on what shelterees need to bring to a shelter and to get this information out to people - some folks bring too much, i,e. suitcases, things they don't want destroyed in a hurricane, Room designed for 500 people could fit only 300 because of all the items people brought. Walt suggested that CCTV make a presentation on sheltering, what to expect, what to bring, etc. Jerry said that he would be happy to do a TV spot for CCTV, and Captain Castillo will help with the Spanish translation. Jim V, will check on the CCTV schedule and do a follow-up on this. John Brown spoke on behalf of NCH. They have 3,500 employees with families, which translates into them getting information to 6,000 people pretty quickly. They have educational resources, classrooms, etc. available for folks to use, Jim V. asked about the situation with Cleveland Clinic being sold. Per John's understanding, HMA takes over ownership of Cleveland Clinic on June 1st, They will be keeping their staff, and physicians are being offered a few options. HMA is the corporation building the new hospital on Rattlesnake-Hammock. The physicians will not work for the new hospital. Cleveland Clinic has been represented as a part of the Citizen Corps in the past. Captain Alejandro Castillo spoke on behalf of the Salvation Army. They provide meals, emergency assistance, and crisis intervention. During Wilma they provided 4 canteens, 1 owned locally, which can be ready quickly with hot meals for at least 200 people. There is one canteen in Immokalee, which served 1,000 meals a day, and one canteen that went to the border of Lee and Collier Counties. There is a close working relationship with Fort Myers group, It is a good opportunity for Capt, Castillo to get information to the community in Spanish, Doug Porter spoke on behalf of the Civil Air Patrol. The CAP supports local agencies when needed and is controlled by the Air Force, They are currently looking at getting a Memorandum of Understanding (MOU) directive, in order to get involved without the red tape of government. Emergency exercises are done with CAP volunteers. They are more a reactive group, being deployed for search and rescue, after hurricanes, etc, Believe they will become more involved with the County once the MOU is issued. Floyd Chapin and Lilla Tomasko spoke on behalf of Community Emergency Response Volunteers. Floyd is now the representative for CERV, and Lilla does the MOU's with faith-based communities, She does not believe this organization was utilized before Wilma. She has a relationship with Salvation Army, RSVP, etc, CERV refers people to volunteer agencies, There is a website and manual, and CERV is now beginning to see that more people are interested in participating. Post-Wilma CERV was involved in tarping, debris pickup, unmet needs in Immokalee, etc. Russ Rainey spoke on behalf of Community Emergency Response Team. CERT trains people from many organizations to go out and assist in their neighborhoods post-disaster. CERT is beginning to do training for folks who live in the high-rises, including Fiddler's Creek. Need to look at Katrina as an example of the public being responsible for their own personal preparation. Some people are going to say, "Help me" and others will say, "I know how to do it". 1611 Collier County Citizens Corps Advisory Committee Workshop February 15, 2006 Walt brought up the NIMS ICS 100 and 200, full-day course being held on February 23rd at the Telford Center at the hospital. Training will include table-top scenario, the IMH book and three instructors teaching it. This is the basic course and very important to take. Page 5 Jim V, also announced the NIMS Leadership course being presented by Mark McCain, who is an expert on emergency management, on February 28th. This course is geared toward health and medical field, Please sign up for both of these trainings with Mary Ann, Recap Mary Ann will prepare a letter for Walt's signature regarding Citizen Corps attending the County Commissioner's Town Hall meetings, Floyd suggested that these letters be addressed individually. Jim V. will check on the billboard. Lt. Reed will call Mr. Bigelow regarding the Homeland Security Grant. Judy disseminated flyers regarding the flu and touched on the following: The flu pandemic of 1918 was the worst case, with millions of deaths; the flu in 1957 was less severe. We are looking at another flu pandemic arriving sometime within the next few years - be prepared! The Avian influenza is in Europe now and in its third phase, with minimal human to human transmission. There is a 50% to 75% death rate when transmitted from animals to people, We anticipate that with this flu, 30% of the population will be attacked, with 50% of that 30% needing medical attention, It is approximately an 8-week wave, with 2-3 waves a year for several years and 300-400 extra deaths are expected in Collier County. Judy will bring more numbers to the next meeting. Remember cough etiquette, hand washing hygiene and social distancing (3 feet), There is no immunization for this particular flu, as it takes 6 months to create the vaccine. The flu flyer is on the website and can be copied, , Look at the list of items you should have on hand, similar to a hurricane preparedness kit. Will need volunteers to help out during the epidemic. 30% of County residents during season equals 114,000 people; 50% (57,000) of those people will not have adequate supplies. Per Jim V., the Citizen Corps could be instrumental in helping to distribute supplies to people, Jerry talked about the program in North Naples, called SOS (Serving Our Seniors). CERT folks call each Monday to get the clients' grocery order. This order is then faxed to Publix, The next day the volunteers come in wearing shirts that say NNSOS and take a NNFD vehicle to pick up the groceries at Publix. The order is delivered and put away, they pick up the check from the client and take it to Publix. They have been doing this for about 3 years. Jim V, thanked the group for their work and efforts. Remember, you have access to the Commissioners, Give them advice regarding emergency preparedness and ask them to get the Emergency Services Complex going, Next Meeting/Adjourn Our next meeting will be held on March 15,2006 at 3 p,m, and will be held in the Board Room. 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CI'.l rl-' c-:i ~ S'~ () p.l ::3. n ;:::""'::J ~ -< (fq CI'.l ~ P (') co "T1 () 2"" c;.' ~ () (') ~ '" ~ ...... rt 0-' ....... ~ p-" ~ rt n o S (D n ~ ::> rt 0-' (") "i:1 I---" C .", o o ~ ::> ....... o o ...... """"J ~ 'Tj I---" C ~ ...... rt . '-.l ~ ~ rt ...... o ::> ~ I---" (D ~ 1-1 n 1-1 (D ~ rt ...... ::> (Jq Issue: Non- Voting Citizen Corps Members Background: Because of the Sunshine Law requirements some Citizen Corps members are required to be non-voting members. Over time, some of these members have stopped attending meetings, possibly because they may believe that their position is somehow diminished due to their non-voting status. Citizen Corps Role: . Continue to encourage the attendance of these members . Adopt a non-voting member to remind each month . Contact those organizations which need new representatives 1611 1611 Issue: Emergency Services Complex (ESC) Background: In various stages of planning since 1999 this project suffered a major delay last year when a local community successfully got the BCC to move the location from Santa Barbara Blvd to Lely Cultural Pkwy, This keystone emergency services project, the need of which has been very much highlighted by the past two hurricane seasons, could face further delays and cost inflation if not approved by the BCC this summer for final construction, Citizen Corps Role: . Utilize your opportunities to talk to and highlight the importance of this project with the Commissioners and your organizations. . Attend and encourage your membership to attend the BCC meetings where this project will be acted on. . Write letters to the editors and include this subject when talking to the media . Attend the Planning Commission Meeting where this will be discussed and talk to the Planning Commissioners about the importance of this project. . Help us explain the importance of this project to the community by including it in all discussions of emergency preparedness and disasters. Issue: Community Emergency Preparedness Background: One of the main tenants of the Citizen Corps is to coordinate and make more effective the individual efforts of our groups and organizations through economy of "joint effort". The Citizen Corps has made great strides since its inception with the results being very evident in the response and recovery witnessed after the last two hurricane seasons. This effort needs to continue. Citizen Corps Role: . Continue to think about your Citizen Corps partners when training and planning with your organization . Attend and encourage your members to attend other Citizen Corps organization events . 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BILLBOARD CAMPAIGN IS IN BEING USED BUT COLLIER COUNTY HAS SIGN ORDIANCE NOT ALLOWING THEM HOMELAND SECURITY GRANT $ 750,000 FOR PROGRAM SHOULD CITIZEN CORPS ASK COUNTY TO WAIVER ORDIANCE 1611 DISCUSSION ITEMS "WORKSHOP" 15/FEB/06 ---l:SPEAKE-RS-BUREAU? 2. CITIZEN CORP INFORMATION TABLES? 3. COUNTY TV CHANNEL USE? 4. BILL BOARD SIGNAGE. ADDRESS COUNTY? 5. WHAT ISSUE'S CAN WE BRING TO COUNTY? 6. WHAT CAN EACH MEMBER ORGANIZATION DO? Florida Division of Emergency Management Daily Status Briefing For the Day of February 15,2006 Reporting period: 1000 hrs 02/14/06 through 1000 hrs 02/15/06 I. Weather A. State Forecast for Florida Watches and WarninQs: None issued. Weather Forecast for Florida - National Weather Service Office Miami Today - partly cloudy panhandle with isolated showers. Partly to Mostly sunny elsewhere, Highs in the 60s panhandle and big bend with 70s elsewhere. Tonight - partly cloudy isolated showers panhandle and keys. Lows In the lower to mid 50s panhandle with the 40s elsewhere North to the 50s central and south except lower 60s southeast Coast to the mid 60s in the keys, Thursday - partly sunny isolated showers panhandle and south, Highs in the 70s. Thursday night - partly cloudy isolated panhandle and south. Lows Mostly in the 50s except 60s southeast coast and Keys. B. Hazardous Weather Outlook Florida - Nothing new reported, Tropical Outlook - National Hurricane Center The official Atlantic Basin Hurricane Season ended on November 30, 2005. This section of the daily briefing will resume on June 1, 2006, C. Special Weather Report Nothing new reported, II. Infectious Diseases A. DOH Health Alerts STATUS: Counties under Medical Alert for Mosquito-born Disease: B. Arbovirus Diseases - Human Cases Page 1 1611 STATUS: Florida Arbovirus Summary Week of Jan. 29, 2006 - Feb. 4, 2006 "Arboviral activity in Florida" includes the following viruses: St. Louis encephalitis [SLE], Eastern Equine Encephalitis [EEE], Highlands J [HJ], West Nile [WN] virus, California Group [CAL], and Dengue. Weekly Update: No human impact. East. E uine Ence halitis West Nile Virus St. Louis Ence halitis Virus 0 0 This chart is representative of data collected for the 2006 calendar year, East. E uine Ence West Nile Virus St. Louis Ence halitis Virus 0 0 0 This chart is representative of data collected for the 2005 calendar year. c. Special Report EU Experts Boost Bird Flu Plan BRUSSELS, Belgium -- European Union veterinary experts on Wednesday backed plans to boost surveillance of wild birds and stricter bans on imports into the 25-nation bloc as officials scrambled to find ways to curb the spread of deadly bird flu in Europe. III. Terrorism A. t:t~..I'l1.~.I~~.~~~f::~ri!y ,..~r~at Level f;t~lill.ftll~:II~iitl.llili::'J~U~~i). 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: 1. Increasing surveillance of critical locations; 2. Coordinating emergency plans as appropriate with nearby jurisdictions; 3. Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures, and; 4. Implementing, as appropriate, contingency and emergency response plans, Reported Events: Bomb Threats and Suspicious Packages: as reported to the Florida State Warning Point at the State Emergency Operation Center in Tallahassee Page 2 1611 Suspicious 1 1 2 10,582 substances/ acka es Bomb Threats 0 0 3 404 C. Special Events NASCAR racelTwin 125's Concert - Bon Jovi St Pete's NASCARlCraftsman series - GM 250 Kid Rock Universal Studios NASCAR race/Hershey's 300 Daytona 500 Keith Urban TD Waterhouse Centre Keith Urban St. Pete's Daytona Tampa Daytona Orlando Daytona Daytona Orlando Tampa Feb. 16,2006 Feb. 17,2006 Feb. 17,2006 Feb. 18,2006 Feb. 18,2006 Feb. 19,2006 Feb. 23, 2006 Feb.24,2006 D. Terrorism News State and Regional Nothing new reported. National Nothing new reported. International Nothing new reported. E. Homeland Security News (Department of Homeland Security) Check here for latest information. State Nothing new reported. Regional Nothing new reported. National House Probe Blasts Katrina Preparation WASHINGTON (AP) -- The deaths and suffering of thousands of Hurricane Katrina's victims might have been avoided if the government had heeded lessons from the 2001 terror attacks and taken a proactive stance toward disaster preparedness, a House inquiry concludes. Page 3 1611 Homeland Security chief to face Katrina Questions WASHINGTON (CNN) -- Embattled Homeland Security Secretary Michael Chertoffwill field tough questions from senators Wednesday about how he dealt with Hurricane Katrina. International Nothing new reported. Cyber Terrorism /Information and Technologies Nothing new reported. Chern - Bio Nothing new reported. F. Illegal Immigrant Landing - Cuban and Haitian Illegal Immigrants: as reported to the Florida State Warning Point at the State Emergency Operation Center in Tallahassee Monroe Miami-Dade Palm Beach Broward Manatee **Summary of Total: Cuban (1,381 Haitian (39), and Hispanic (3) G. War With Iraq Nothing new reported. IV. Wildland Fire A. Fire Weather/Drought Indicators Keetch - Byram Drought Index - Link to US DrouClht Monitor Map Statewide Averaae: 141 Southeast: No update provided on Florida. KBOI Between 300 & 399 - 6 KBDI Between 400 & 499 - 0 KBOI Between 500 & 599 - 0 KBDI Between 600 & 699 - 0 KBDI Between 700 & 799 - 0 Page 4 1611 KBDI- Feb 14, 2006 ;~ ,~~~~, ~=""..,.'lflt*,\'lI '~ 1ff1j~g::::=~ h~~;:=:7" "~:::/ , ~-~~: i=-... ..~ "'~'~#!,.;W' r..................M"..,.........._;&i.........:.........=::::=; flY~~,~~Ml:)':w;1.:t'~~ ! ~.-~~...:;.~ '-> (iJ e : ~~~":'~ooirj .3H.....,"'-r.;>>\'fI1:~)w~ R;~:.d-Th~r;j;~~...2OiM. AlWIW' ~...... c./I'ICoM:tJfllWW-l'NOll,ll bUp:1idrnugl#.unIMdul'dm o 100 200 lIOO 400 $a eoo 100 BOG C. Wildland Fires Daily Update STATUS: Report below reflects activity from 01/01/06 to 02/15/06 Public Re ortlWildland Fire Activit Month of Jan - 01/01/06 - 01/31/06 Month of Feb - 02/01/06 - 02115106 Wee k of - 02/11/06 - 02/15/06 Year to Date - 01/01/06 - 02115/06 320 36 1 377 3,484.9 480 15 4044.8 V. Status of Florida's State Emergency Operations Center A. Activation Status: The State Emergency Operations Center (SEOC) is at a Level 3 (Monitoring), B. Activation Event: N/A C. County Reports To State Warning Point: Nothing new reported, VI. Other A. American Red Cross Issues Chapter Reporting = Greater Palm Beach Area Chapter Name = Mark Goggin Telephone # = 561-833-7711 City = West Palm Beachl Okeechobee County = Palm Beach County/Okeechobee County Type = Cold Shelter -- Update Page 5 1611 PDA = N/A Response Activities = Greater Palm Beach Area Chapter had 2 shelters opend last night due to cold weather in the area. Center of Hope West Palm Beach population of 60 West Gate Coomunity Center population of 10, Okeechobee shelter was on standy by but did not open. All shelters are closed as of 0730 hours February 14th Chapter Reporting = Northeast Florida Chapter Name = Bill Dion Telephone # = 904-358-8091 X1827 City = Jacksonville County = Duval Type = Cold weather PDA = Predicted frigid weather for tonight Response Activities = Red Cross will provide for 2/13, a shelter manager and support team to manage a cold night shelter for the homeless with the Salvation Army at the Salvation Army Church building (N, Main S1.) located in downtown Jacksonville, This is a community response per local plans. Chapter Reporting = Martin County Chapter Name = Rob Shelt Telephone # = 772/287-2002 City = Stuart County = Martin County Type = Severe Winter Weather PDA = Not Applicable Response Activities = One Cold Weather Shelter has been opened in Martin County, For information regarding this shelter please, Chapter Reporting = Capital Area Chapter Name = Chris Floyd Telephone # = 850/878-6080 # 120 City = Tallahassee County = Leon County Type = Severe Winter Weather PDA = Not Applicable Response Activities = One Cold Weather Shelter has been placed on Standby in Leon County. Information regarding this shelter can be found at: http://www.tallytown.com/redcross/ShelterStatus.html http://www.tallytown.com/redcross/cdrr.html B. Other News FEMA opens local disaster center UPPER LAKE -- Did you suffer damages due to the floods and severe weather earlier this year? If so, it's time to apply in order to qualify for federal loans and grants to cover repair and replacement costs for damaged property, FEMA reps in city to help 5,000 still here from Katrina It's been months since hurricanes Katrina and Rita displaced thousands of people living on the Gulf Coast, and though it may not make the news every day, the recovery efforts are ongoing. Page 6 1611 Page 7 1611 o 100 2llO 300 400 500 600 700 800 Current Keetch-Byram Short-Term Drought Index Map, Compliments of the Florida Division of Forestry ,"" ~ .~ Rainfall Forecast from the Hydrometeoroloaical Prediction Center, valid 7 PM Tues - 7 PM Fri Temperatures rapidly moderate on Wednesday...Isolated showers possible in the western panhandle tonight...lsolated showers along the Atlantic coast and Keys on Wednesday and Thursday...Hazardous Weather Awareness Week 2006 continues this week... After shivering through the coldest stretch of Winter 2006 thus far, the sunshine state will regain its status as a haven for warm winter temperatures as the week concludes, Meanwhile, bitterly cold air will spill into most of the country from north to south. An upper level ridge building in the Gulf of Mexico will halt any southward plunge of cold temperatures into Florida through at least Friday. The return of warmer weather and gradually increasing moisture levels will be accompanied by some increase in cloudiness and perhaps an isolated shower or two along the Atlantic and western panhandle coasts during the next few days as winds become onshore. High pressure will remain 16' 1 anchored at the surface in the western Atlantic through Friday before an approaching frontal boundary nudges this feature further out to sea this weekend. Easterly and southeasterly winds on the western periphery of this feature will boost high temperatures towards the 80 degree mark in the peninsula by Thursday and Friday, One more cool night is expected tonight statewide, but low temperatures will average close to 10 degrees above Tuesday morning's frigid readings, Freeze warnings have been issued for portions of the Suwannee Valley and north central Florida, where lows will bottom out in the lower 30s, Temperatures will rise into the 70s over most of the peninsula on Thursday, with upper 60s slated for north Florida. Lows on Wednesday and Thursday nights will average another 10 degrees warmer over tonight's temperatures. Temperatures will rise into the 70s on Thursday and Friday across north Florida, with highs near 80 for interior sections of the peninsula and for most of south Florida. The arctic boundary will slide towards the Florida/Alabama/Georgia border region this weekend before stalling. Shower activity could increase to the scattered variety along the 1-10 corridor this weekend, but the exact positioning of this front is in question. Significantly colder weather will be located just north of this sharp boundary across most of Alabama and Georgia. Tuesday's topics for Hazardous Weather Awareness Week 2006 are marine hazards and rip currents. Most Floridians are very familiar with marine hazards such as waterspouts, rough seas, and wind gusts. However, a more subtle hazard along our beaches that killed 15 Floridians and visitors to the state last year is rip currents, Rip currents are powerful channels of sea water that flow away from the shoreline. Rip currents can occur at any beach with breaking waves. Over 80% of rescues performed by beach lifeguards are due to rip currents. If you are caught in a rip current while swimming at an unguarded beach, remaining calm and knowing how to respond could save your life, Click here to learn more about safety tips that will help you and your family "Break the Grip of the B.iQ" while enjoying Florida's pristine beaches this Spring and Summer, As a reminder, the Statewide Tornado Drill will begin at 9 AM EST and CST tomorrow (Wednesday morning). This is an excellent opportunity for your agency or business to test its severe weather preparedness in the event of an actual tornado touchdown. For the official National Weather Service forecast, please click on one of the following cities: Pensacola. Panama City. Tallahassee. Gainesville. Jacksonville. Daytona Beach Orlando. Tampa. Fort Mvers . West Palm Beach. Miami · Key West For coastal and offshore forecasts throughout Florida and Georgia, please click here. Have a great week! Ben Nelson State Meteorologist Florida Division of Emergency Management Department of Community Affairs Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Feb. 9,2006 FOR IMMEDIATE RELEASE NOTICE OF A WORKSHOP MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDAY, FEBRUARY 152006 2 p.m. The Collier County Citizen Corps Advisory Committee will hold a workshop Wednesday, Feb. 15 at 2 p.m. in the Risk Management Training Room, located on the first floor of Building, Building D, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to five minutes unless permission for additional time is granted by the chairman, Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial 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. Collier County Ordinance No. 2004-05, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. 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 330 I E, Tamiami Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting, Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774-8000, -End- IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE ~enda March 15. 2006 L CALL MEETING TO ORDER n. A TfENDANCE: m. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: January 18. 2006 s"lISmlle LIIw Presmtatio" - Chief County Attorney Mike Pettit V. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery B. Expanding Boundaries - Darryl Richard VI. TRANSPORTATION MAINTENANCE REPORT: A. Report - Robert KindelanlCLM VB. LANDSCAPE ARCHITECTS REPORT: A. Sidewalk Project Report - Mike McGee B. Pedestrian Fence C. Banner Update D. Phase IV VIIL OLD BUSINESS: A. State Project Update - Darryl Richard B. Code Enforcement Issues - Cristina Perez Fiala Halas Henning Coyle Coletta , IX. NEW BUSINESS A. Master Plan Committee Report? X. PUBUC COMMENT XL ADJOURNMENT The next regular scheduled meeting is April 19, 2006 4:30 PM, At the Immokalee Community Pork 321 First Street South, Immokalee, FL 1 I / i/' V>- V< if 1611 Misc. Corres: Date:12-tl { if 0 b Item#: 10IIC.~ Copies to: IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE Summar,v of Mirutcs , Motions FebruIry 15. 2006 Due to lack of quorun the meeting was canceled. 1 16' 1 Fiala Halas Henning Coyle Coletta February 13,200616 , 1 ~. TRANSCRIPT OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, February 13, 2006 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Administrative Building F, 3rd Floor Collier County Government Center, Naples, Florida, with the following members present: Chairman: Bill Poteet Michael Delate Marco Espinar Tony Pires Mimi W olok ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Cindy Erb, Sf. Property Acquisition Specialist Christal Segura, Conservation Collier Land Manager Michael Pettit, Chief Assistant County Attorney Mise. Cones: Date:~ Item #: [foI.l C-1- 1 Copies to: 1611 February 13, 2006 I. Roll Call The meeting was called to order by Chairman Bill Poteet at 9:08 AM, Roll call was taken and a quorum established. II. Approval of Agenda Mr. Delate moved to approve the agenda. Second by Mr. Espinar. Ms. Sulecki would like to move item "IV.I. Discussion on Proposed Ballot Resolution to Continue Ad-valorum Levy" up between items "IV.C. Contract! Agreements" and "IV.D. Status of City of Naples Interest in portion of Collier Development Corp parcel". Motion carries unanimously 5-0. III. Approval of January 17,2006 Minutes Mr. Delate moved to approve the minutes for January 17,2006. Second by Mr. Espinar. Corrections to the minutes: Page four under item "F. Discussion Item - Referendum Language" the motion is noted that it was for the previous agenda item. Mr. Pires would like it to be noted on page three under the comment "Mr. Pires suggested having the developer of adjacent lands contribute funds since they would be dumping into the system" that he did not know if he made the statement that they would be dumping, he would like it to show "if they would be", He also mentioned a misspelling of "tract" on page four. Mr. Poteet noted that a motion was made to implement staff recommendations #1, #2, #3, and #4 with no reference. Mr. Pettit replied that during the meeting things being said are implied, so Ms, Guerrero taking the minutes is not seeing an expressed statement therefore is uncomfortable recording them as such, Ms, Sulecki also taking notes would like to have some instances clarified. Brackets could be added to clarify statements that are not expressly stated. It was also suggested for Committee Members to be more detailed and articulate, Ms. Sulecki's minute changes are as follows: 2 February 13, 2006 1 6 11 Page two "IV. G. Voting Conflicts" she would like to add [Mr. Poteet was referring to the Narsiff #2 property in his conflict statement] Page two "V.A. Ranking for Fleischmann property and Recommendations for Amended Active Acquisition List" she would like to replace the agenda item with "V.A. Ranking for Fleischmann/Caribbean Gardens parcel #2 property and Recommendations for Amended Active Acquisition List". Page seven the second bullet "In March of 2005 there was discussion" she would like to add [Conservation Collier Committee], Page seven she would like to change the language for Nancy Payton's comment to read "She had suggested that owners should be required to take off the base and bonus TDRs, but that a policy was needed in regard to the third and fourth TDRs." Page eight "IV.D, Transfer of Development Rights (TDRs) - policy discussion" she thought that the amended motion was seconded; though the minute taker Ms. Guerrero advised that it was never spoken, Mr. Delate believes that he did second the amended motion, though it may have been spoken softly. Page eight under "V.B, Advisory Committee Application" she would like to add [alternate] for Mr. Weiner. Page ten under "V.E. Coordinator General Report" she would like to add [Committee Members were invited to make comments which Ms, Sulecki would carry to the review body] after Mr. Lorenz's statement and before the sentence "This item was requested to be on the agenda at the next meeting." Page eleven under "VII. Committee Member Comments" she would like to add "Mr. Pettit explained that if a quorum is physically present it is the discretion [of the Chair Person]". Mr. Pettit explained that it is not of the Chair Person it is the Committee. Brackets [] indicate clarifications not explicit statements that are approved by board after discussion. Motion carries unanimously 5-0. IV. Old Business A. Voting Conflicts Mr. Delate read for the record "I Michael Delate hereby disclose on January 17th 2006 that measure came before this Committee that inured a special gain or loss of adjoining property owner by whom I have retained and the ranking of the Fleischmann Property which involves possible granting of access easement in favor of my firms client who adjoins this property," Ms. Sulecki clarified that Mr. Delate's voting conflict is for the Fleischmann Caribbean Gardens Parcel #2, 3 February 13, 2006 1 6 J 1 B. Real Estate Services Update on Status of A-list Properties Ms. Erb gave an update on the following properties: Golden Gate Unit 53- Graham Parcel- was approved by the Board on January 10th, closing documents are being prepared, with a possible closing in March or April. Santos Parcel - was approved by the Board of County Commissioners on January 24th, closing is scheduled for February 24th, Snay Parcel - offer has been accepted for $164,000, It will be presented to the Committee under agenda item "IV,C,b,"; if approved it will go before the Board of County Commissioners on February 28th, with a closing for March 31 st, Sunshine Trust LLC - offer has been accepted for $160,000. It will be presented to the Committee under agenda item "IV,C.c."; if approved it will go before the Board of County Commissioners on February 28th, Gonzales Parcel - offer has been accepted for $70,000. It will be presented to the Committee under agenda item "IV,C.a"; if apfroved it will go before the Board of County Commissioners on February 28t , with a closing for March 31st, Two new appraisals have been ordered for North Golden Gate Estates (NGGE) Unit 53 properties. Ms, Sulecki identified the locations of the parcels on a map. North Fleischmann Parcel and Talon Land Group- is still waiting on a determination. Ms. Sulecki added that a meeting had been scheduled for January 30th with the Talon Land Group, the School Board, Transportation Department, and Parks that has been rescheduled for February 23rd. Cycle Two- Collier Development Corporation Parcels - offer has been accepted for a total of 47.93 acres for $2,085,900, It will be presented to the Committee under agenda item "IV.C.d,"; if approved it will go before the Board of County Commissioners on February 28th, with a closing for April 7th. Winchester Head Torico Parcels - an offer has been made on two parcels that have been accepted, The parcels are adjacent to previously acquired parcels. Ms. Sulecki demonstrated the parcels locations on a map, C. Contracts/Agreements- a. Gonzales-Famada (NGGE Unit 53 - 4.04 acres) 4 1611 February 13, 2006 Ms. Sulecki reviewed Executive Summary "Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $71,150 (Gonzalez/Famada)," (See attachment) Mr. Pires would like to have the option for the County to have its own survey. Mr. Poteet suggested having Tony review the standard contract in order to make a recommendation. Mr. Espinar moved to approve the Gonzalez Parcel for acquisition. Second by Mr. Delate. Motion carries unanimously 5-0. b. Snay (NGGE Unite 53 - 4.24 acres) Ms. Sulecki reviewed Executi ve Summary "Approve an Agreement for Sale and Purchase for 4,24 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $165,650 (Snay)." (See attachment)(Demonstration of location on map) Mr. Pires moved to approve the contract subject to there being a modification to section 4.013 to provide the following language- "If the survey provided by seller or obtained by purchaser as certified by registered Florida Surveyor shows A. an encroachment on to the property; or B. that an improvement located on the property projects onto lands of others, or C. lack of legal access to a public road way, the purchaser by providing written notice to seller prior to the expiration of the inspection period, may except the property as it then is, waving any objection to the encroachment, or projection, or lack of legal access, or purchaser may terminate his agreement. 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 property with the encroachment, or projection, or lack of legal access. Second by Ms. W olok. Ms. Wolok feels a survey is particularly important for this property. Ms. Sulecki clarified that the motion is to recommend to go into contract review and if it is not accepted then the agreement will not go forward and it will be pulled off of the Board of County Commissioners agenda, It was stated that the property will not be surveyed. Ms. Wolok withdrew her second. Mr. Espinar then seconded the previous motion made by Mr. Pires. Motion fails 2-3 with Mr. Delate, Mr. Poteet and Ms. Wolok opposed. 5 February 13,200616 11 Ms. Wolok moved to approve the Snay parcel with a strong recommendation to the real estate department to review the policy on not having surveys done on a uniform basis. Second by Mr. Poteet. Discussion ensued on the need to have surveys performed on a uniform basis. Motion carries 3-2 with Mr. Pires and Mr. Espinar opposed. c. Sunshine Trust LLC, TR (NGGE Unit 53 - 4.04 acres) Ms. Sulecki reviewed Executive Summary "Approve an Agreement for Sale and Purchase for 4,04 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $161,650 (Sunshine Trusts, LLC.)," (See attachment)(Demonstration of location on map) Mr. Delate moved to approve "Agreement for Sale and Purchase for 4.04 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $161,650 (Sunshine Trusts, LLC.)". Second by Mr. Espinar. Motion carries 4-1 with Mr. Pires opposed due to no opportunity to raise any issues to title objection if there are any survey problems. d. Collier Development Corporation (48.93 acres) (tentative) Ms. Sulecki reviewed Executive Summary "Approve an Agreement for Sale and Purchase with Collier Development Corporation, now known as CDC Land Investments, Inc., for 47.93 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2,102,900. "(See attachment)(Demonstration of location on map) Discussion ensued on how the property was appraised; it was noted that the appraisal was valued per unit, though details were unknown. A boundary survey was not performed. Mr. Pires moved to approve the contract with Collier Development Corporation. Second by Ms. Wolok. Ms. Sulecki added that a Phase One environmental audit has been ordered at the cost of $3,500, Mr. Pires noted the difference in acre amounts shown, Motion carries unanimously 5-0. D. Discussion on Proposed Ballot Resolution to Continue Ad-valorum Levy 6 1611 February 13, 2006 Mr. Pettit reviewed the draft document "Resolution No, 2006". It will be reviewed and voted on by the Board of County Commissioners tomorrow. It is his intention to make it as clear as possible that if voted for, then the levy will continue and that the Board does not need an affirmative vote in order to continue the levy. Ms. Wolok complimented Mr. Pettit on his hard work. E. Status of City of Naples Interest in portion of Collier Development Corp parcel Ms. Sulecki was asked to send a letter to the City Manager requesting him to draft a letter affirming the interest and making an offer. She advised the City Manager of the costs including the cost of County staff time, The Conservation Easement will be drafted by County staff. April ih 2006 is the expected closing date. (Demonstration of land location on overhead map) F. Status of billboard Issues - Watkins Jones parcel Ms. Sulecki sent a letter to the billboard owner advising them that it shows to be on the property of Conservation Collier, demanding that it be removed and the vegetation trimming cease. A spot survey has been ordered, G. Status of LDC changes allowing public access features in all zonings Ms. Sulecki informed the Committee that the LDC Changes on public access features, and a sign amendment for identification of Conservation Collier Preserve entrances passed the second Board of County Commissioners review; it will become affective on February 28th. H. Status of Cocohatchee Creek Preserve opening Ms. Sulecki invited the Committee to attend the Cocohatchee Creek Preserve opening on March 9th at 9:30, The opening has been noticed as a meeting. Photographs demonstrated. The no dumping sign was stolen. I. Discussion on draft changes to Coast and Conservation Management Element of the GMP Bill Lorenz displayed the proposed amendments of the Growth Management Plan. The issue of changes deals with the flexibility of a property owner to retain native vegetation on site. The off site alternative to native vegetation on site is a payment in lieu of retention to the Conservation Collier Land Acquisition Fund, 7 February 13,201 6 11 Mr. Pires suggested revising the language to define that the funds will go to a specific entity. Mr. Espinar suggested specification on which endangered species lists are referenced, Mr. Pires noted inconsistent language under section (lO)a, V. New Business A. Coordinator General Report Ms. Sulecki presented the following points: o The Board of County Commissioners agenda items include: Active Acquisition List, the Appointment of Members to the Land Acquisition Advisory Committee (noting that Ellin Goetz withdrew her application for reappointment), Resolution on the Referendum, Macintosh Interim Management Plan, Grant Funding for Otter Mound, and Authorization for staff to sign a police affidavit against trespass at Railhead Scrub Preserve. o A partnership has been developed with Florida Gulf Coast University, A student intern will be working on priority issues for the Cocohatchee Estuary for the River Garden Group looking at: Coastal erosion, commercial and residential non-point source discharge, land use changes, habitat loss and degradation, red tide, and listed species lost. o Division of State Lands has interest in splitting the cost of the Shutt Parcel, o Working on a partnership with Rookery Bay in the area known as the McIlvane Marsh (Demonstrated location on map) o Another application has been received for the fourth cycle. o There are no [Department of Environmental Protection] permits in house for Winchester Head [or North Golden Gate Estates Unit 53], but there are wetland determinations being done. (Demonstrated location on map) B. Outstanding Advisory Committee Member Program Herbert Rosser Savage has been nominated. VI. Subcommittee meeting reports A. Outreach - Ellin Goetz, Chair A new Chair is needed. 8 1611 February 13, 2006 B. Lands Evaluation and Management - Marco Espinar, Chair No meeting is scheduled. The management plan for School Board has been mai led. Ms. Sulecki would like the sub-committee to see them, if there are no issues is will be brought to the main Committee. C. Ordinance Policy and Procedures - Will Kriz, Chair Ms. Sulecki noted that a meeting occurred on February 9th reviewing the drafted changes to the Conservation Collier Ordinance 2002-63. Exceptional Benefits Ordinance was discussed. The Purchase Policy Resolution Changes were reviewed, The next meeting will occur on March 30th 2:30, location to be determined. D. 2006 Referendum - Mimi Wolok, Chair Sunset will be addressed at the next meeting. VII. Committee Member Comments Mr. Delate noted for the record that Ellin Goetz has done an exceptional job for the Committee and will be missed. Mr. Poteet will draft a letter for all to sign, VIII. Public Comments None IX. Staff Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:41 AM [] Brackets are added to clarify statements that are not expressly stated, CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Bill Poteet 9 Fiala Halas Henning Coyle Coletta DEVELOPMENT SERVICES ADVISORY COMMITTEE ~: 16 11 Y AGENDA March 1, 2006 3:30 p.m. Conference Room 610 (Revised) I, Approval of Agenda II. Approval of Minutes - February 1,2006 III. Continued Discussion re Appointment of Subcommittee Members . Utility Code Subcommittee IV. Staff Announcements A. Community Development & Environmental Services Update - Joe Schmitt B. Transportation Division Update - Don Scott C, Public Utilities Division Update - Phil Gramatges D. Fire Review Update - Ed Riley V, Old Business VI, New Business A. Review of Action Plan for Zoning and land Development Review Intake Team - Susan Murray B, Review of 2006 AUIR - Randy Cohen/Joe Schmitt VII, Subcommittee Reports A. land Development Regulation - Tom Masters B, Budget & Operations - Peter Van Arsdale C, Utility Code VIII. Committee Member Comments IX, Next Meeting Date - April 5, 2006 (Room 610) - 3:30 p,m, X. Adjournment Mile. Canes: 0at8:~ ltemt: {0 I l t. <Z Copies to: Mm:ch 1, 200t 6 11 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, March 1, 2006 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 P.M. in Conference Room 610 in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: CLA Y BROOKER JAMES BOUGHTON DA VID DUNNA V ANT MARCO ESPINAR GEORGE HERMANSON REED JARVI THOMAS MASTERS ROBERT MULHERE FRED REISCHL MEMBERS EXCUSED: DAVID BRYANT DALAS DISNEY BLAIR FOLEY MEMBERS ABSENT: BRIAN JONES JASON MIKES STAFF PRESENT: JOE SCHMITT, Administrator, CDES DON SCOTT, Transportation NICK CASALANGUIDA, Transportation 1. March 1, 2006 STAFF PRESENT: TRINITY SCOTT, Transportation TOM KUCK, Engineering Services Director TOM WIDES, PUED PAUL KWA, PUED ROBERT SALVAGGIO, Fire Plan Review RANDY COHEN, Comprehensive Planning TOM GREENWOOD, Comprehensive Planning CORBY SCHMIDT, Comprehensive Planning SUSAN MURRAY, Zoning & Land Develop. Review BILL HAMMOND, Building Review & Permitting SANDRA LEA, CDES Administration 1611 ALSO PRESENT: LEN BERRINGER The meeting was called to order by Chairman Clay Brooker at 3:50 PM after a quorum was established. I. APPROVAL OF AGENDA: ADD: Under VI New Business-C Discussion o.lEAR based plan update On a motion by Thomas Masters, seconded by Robert Mulhere and unanimously carried (9-0), the agenda, as amended, was approved. II. APPROVAL OF MINUTES - February 1,2006 ADD: Marco Espinar under Members Excused AND Amanda Townsend under Stafl Present. CHANGE: Pg. 2~Mr. Dunnavant was delaved. not detained Pg.2 -IV - A. Community Development Services Update- EAR based amendment Pg.5- Motion on Park Impact Fee Update-Replace Brian Jones with James Bouzhton On a motion by Robert Mulhere, seconded by Reed Jarvi and unanimously carried (9-0), the minutes of the February 1,2006 meeting, as amended, were approved. Chairman Brooker notified the committee that Peter Van Arsdale has resigned from DSAC, effective today, creating a vacancy.. He also asked the committee to discuss and vote on contacting Jason Mikes on his intention to continue as a member of the committee, as he has not been present for a number of meetings, In case he does resign, staff would prefer to advertise one time for both positions, On a motion by Robert Mulhere, seconded by George Hermanson and carried unanimously 9-0, the committee agreed to request staff to prepare, for the Chairman's signature, a letter to Jason Mikes asking if he intends to continue, or alternatively, resign from the Development Services Advisory Committee. Included in the letter, will be the requirements of the Ordinance 2, 1611 March I, 2006 for serving on Advisory Boards. III. APPOINTMENT OF SUBCOMMITTEE CHAIRMEN Discussion revolved around filling the position on Utility Code Sub-Committee. Several members are on the sub-committee but none are a member of DSAC, George Hermanson volunteered to serve for a year on this committee, The 2006 Chairmen of each sub-committee will be appointed at their next regularly scheduled sub-committee meetings. IV. ST AFF ANNOUNCEMENTS A. Community Development Services Update Joe Schmitt reported that the mood of the Board of County Commissioners has changed dramatically since their meeting on the AUIR. Basically, anything without a public benefit will have a hard time getting through the rezoning process in this legislative session due to the impact of Senate Bill 360 and Proportionate Shares, The EAR-based amendments including elements of AUIR will be reviewed by the Planning Commission on the 6th and 8th of March, before going to the BCC, EAR amendment eliminates all density bonuses except for Affordable Housing. Staff has had discussions with individual Commissioners as to options available, Staff is making attempts to remove the more arduous criteria from GMP to make it more flexible, If BCC accepts AUIR, there will be significant impacts on how building is conducted in Collier County, CDES is struggling with how to apply guidance from BCC, He also reported that Proportionate Shares Ordinance is not required until December 2006 and Fiscally Feasible Plan until the end of 2007. Active discussion followed on options, elements of AUIR Plan, road projects now under construction or signed contracts in place and effects on bids, B. Transportation Division Update Don Scott spoke on some positive items: Collier Blvd. project and Immokalee Rd, from 951 to 1-75 are projects that are going forward, Have just received a 12 million-dollar loan from DOT for Naples 1-75 project. Davis Blvd, being pulled out of the program is one of the negative aspects. C. Public Utilities Update Tom Wides said that Public Utilities are reviewing rates and updating Master Plan. They will be reviewing Master Plan Study on or about March 24. An Ad Hoc committee will review the results of Master Plan study before bringing to DSAC for recommendations and approval in May, It will go to the BCC for adoption on June 5, 2006. Robert Mulhere volunteered to be on the Ad Hoc committee; also Reed Jarvi and George Hermanson, or their representatives. Tom Wides will send copies of Plan to Mr. Hermanson. 3. 1611 March 1, 2006 Mr. Wides will attend May 3, 2006 DSAC meeting to go over findings in detail. D. Fire Review - Robert Salvaggio was present to answer any questions regarding the copy of the Fire Chiefs Reports dated February 7, 2006, The report was reviewed with no questions forthcoming from the committee members, V. Old Business - None VI. New Business A. Review of Action Plan for Zoning and Land Development Review Intake Team - (Handout) Susan Murray presented the Intake Team Implementation Plan to the committee, This plan addresses the objectives of the intake team to reduce or eliminate re-reviews and re-submissions and to decrease the time frame in the permit application process. She gave an overview of the current situation and proposed changes citing: · Staff positions and areas of responsibility · Position functions, including cross training and back-ups · Intake process flow chart · Implementation activities · Implementation schedule · Flowcharts showing process and zoning dept. organizational chart · Streamlining of the process through face to face, one day sufficiency review · Looking at option for establishing accounts through the Clerk of Courts that can be charged to credit card, Walk-ins are accepted as well as making appointments. Appointments are suggested for complex plan reviews. A Supervisor position has been approved and hiring process begun. Rearranging offices to be more customer friendly and improve the workflow will be done, Hoping to have whole process, as shown on the implementation, schedule up and running by June with evaluation by December. Any adjustments to methods will be done in January of2007. Questions and comments followed, regarding the process, consistency, updating check- lists and submittal/distribution problems, Susan said face to face, cross training and a readily available supervisor should help in these areas. B. 2006 AUIR -Randy Cohen/Joe Schmitt (Handout-2) Randy Cohen distributed copies of the Executive Summary approved by BCC and the Comprehensive Planning AUIR Overview, He gave a brief summary on the background of the AUIR, He spoke about the problems and projections related to Proportionate Shares bill passed by the legislature and the actions to amend that bill. Concerns expressed were how the County is going to react to it and how to implement funding. He urged committee members to participate in EAR based amendment process and monitor it closely when it goes to the 4, 1611 March 1,2006 Planning Commission on March 6 and 8 and to the Board of County Commissioners on April 18 and 26, In the future, AUIR will be highly scrutinized as it forms basis for the CIE, He stated that the whole AUIR is on the County web-site. Also, that he will be available to answer any questions anyone has after reviewing the material given. Lengthy discussions and comments followed. C. Discussion of EAR - Bob Mulhere Mr. Mulhere had requested an opportunity for the members to discuss and comment on some of the processes, requirements and implications of the EAR based amendment. Discussion arose on affordable housing, mitigation of off-site wetlands and Federal/State lists of special concerns. Joe Schmitt will provide copies of the CCME to the members. VII. Subcommittee Reports The Land Development Regulation-None Budget and Operations-None Utility Code-None VIII. Committee Member Comments Chairman Clay Brooker thanked Bob Mulhere for all his knowledgeable input and for the fine job of chairing the Committee, Mr. Mulhere also asked that Sandra Lea check on the process for making the Chairman's report to the BCC, IX. Next Meeting Date The next meeting of the Development Services Advisory Committee will be held on Wednesday, April 5, 2006 at 3:30 PM in Conference Room 610 of the Development Services building, There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:25 p.m. ************ DEVELOPMENT SERVICES ADVISORY COMMITTEE Clay Brooker, Chairman 5. 1611 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA February 1, 2006 3:30 p.m. Conference Room 610 I. Approval of Agenda II. Approval of Minutes - January 4, 2006 III. Appointment of Subcommittee Chairmen IV. Staff Announcements A. Community Development & Environmental Services Update - Joe Schmitt B. Transportation Division Update - Don Scott C. Public Utilities Division Update - Phil Gramatges D. Fire Review Update - Ed Riley V. Old Business A. Review and Recommendation re Flood Ordinance - Robert Wiley VI. New Business A. Park Impact Fee Study Update - Amy Patterson B. Discussion re Outsourcing Data Collection of Timeframes for Completion of Plan Reviews for Building Permits - Peter VanArsdale VII. Subcommittee Reports A. Land Development Regulation - Tom Masters B. Budget & Operations - Peter Van Arsdale C, Utility Code VIII, Committee Member Comments IX. Next Meeting Date - March 1, 2006 (Room 610) - 3:30 p,m. X, Adjournment February 1,200616 11 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, February 1,2006 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 in Conference Room 610 in the Collier County Development Services Center, Naples, Florida, with the following members present: VICE CHAIRMAN: DAVID DUNNAVANT JAMES BOUGHTON DAVID BRYANT DALAS DISNEY BLAIR FOLEY REED JARVI BRIAN JONES THOMAS MASTERS ROBERT MULHERE FRED REISCHL PETER V AN ARSDALE MEMBERS EXCUSED: CLAY BROOKER GEORGE HERMANSON MEMBERS ABSENT: JASON MIKES STAFF PRESENT: JOE SCHMITT, Administrator, CDES DON SCOTT, Transportation NICK CASALANGUIDA, Transportation ROBERT WILEY, Engineering Services 1. 1611 February 1,2006 STAFF PRESENT: STAN CHRZANOWSKI, Engineering Services TOM KUCK, Engineering Services Director AMY PATTERSON, Impact Fee Manager PAULA FLEISCHMANN, Impact Fee Analyst SANDRA LEA, CDES Administration ALSO PRESENT: CHARLES ABBOTT The meeting was called to order by Robert Mulhere at 3:35 PM after a quorum was established. (Mr. Dunnavant was detained) I. APPROVAL OF AGENDA: On a motion by Peter VanArsdale, seconded by Blair Foley and unanimously carried (10-0), the agenda was approved. (Mr. Dunnavant's arrival was delayed) II. APPROVAL OF MINUTES - January 4, 2006 On a motion by Peter Van Arsdale, seconded by Fred Reischl and unanimously carried (10-0), the minutes ofthe January 4, 2006 meeting were approved. III. APPOINTMENT OF SUBCOMMITTEE CHAIRMEN Updated member list and subcommittee lists (handout) The members volunteering for the following subcommittees are: LAND DEVELOPMENT REGULATION- Reed Jarvi, Fred Reischl David Bryant BUDGET and OPERATIONS - James Boughton UTILITY CODE- Full committee was not present; will appoint someone later. Each sub-committee's members will appoint their Chairman. IV. STAFF ANNOUNCEMENTS A. Community Development Services Update Joe Schmitt gave a brief report on the AUIR annual update & inventory report at last week's BCC meeting. After a lengthy discussion second part of AUIR was continued to Monday, February 6, at 1:30 PM. Of importance for DSAC members, is to be aware of the significant decision by BCC regarding the concurrency rule. They directed to take projects out of the 2-year window if not actually under construction or have a signed contract. Effected industry members may want to attend that meeting. Capital Improvement Element (CIE), which codifies the direction of the AUIR, will be part of year based 2. February 1, 1p 11 amendment to be passed by BCC. Meetings with BCC will be planned to explain ramifications, Many issues were raised. IfBCC accepts AUIR, CDES must implement the guidelines. Policy had been worked on and agreed upon. Board decision changes it all. If the members have issues and concerns, it would be in their best interest to attend the meeting. In the meantime, applications are still being accepted, but may not be in concurrency. Bob Mulhere raised several questions that he sees as critical. 1. Is it legal? 2. Do the plans need to be amended? Doesn't change, in defacto, amend the plan? 3. If you have to take out something, then it's an amendment. 4. Also effects revenue stream The impact is, that you can't move forward ifno longer in concurrency. Effects of concurrency plan are significant in that the whole industry is impacted. Reed Jarvi had attended the BCC meeting. Sees the Board's decision as a substantial severe change in direction, with no debate or discussion of ramifications. Implications go well beyond impact on contractors. Adding 2-3 years to a project also is an impact to the County. Issue may have been voted without understanding the implications. He will be meeting with Commissioners Fiala and Henning on February 2nd. Mr. Dunnavant arrived and took the Chair. B. Transportation Division Update Don Scott cited the cost increases in road construction could make the Board's position understandable, Obtaining fill and utility contractors also is an ongoing problem. Moratorium could be even more problematic as public expectation of having everything solved will generate inquiries about projects still going on, not knowing they were already in the works. Brian Jones cited increased cost of fill is nearing crisis stage. The scarcity of pit sites and FEMA elevations changes has huge effect on bidding process. He stated some contractors are pre-paying for fill and also for cement block due to the great demand and price increases. Stan Chrzanowski mentioned that the formula the county uses for depth requirements is being looked at to perhaps allow for deeper pits. C. Public Utilities Phil Gramatges - No report D. Fire Review Ed Riley (hand outs -2) 3, February 1,216 11 Mr. Riley was not present. His reports were distributed to the members. Mr. Dunnavant noted that it was brought out at the January 11th DSAC Budget and Operations meeting, that new reviewers had been hired and are being brought up to speed. Mr. VanArsdale commented they are not improving deadlines in plan reviews, V. OLD BUSINESS A. Review and Recommendations re Flood Ordinance (Handout - Proposed Flood Damage Prevention Regulation Development Impact Analysis) Robert Wiley, Engineering Services, gave a Power Point presentation on Higher Regulatory Standards recommended through the County's participation in the Community Rating System (CRS), relevant to the proposed amendment to the Collier County Flood Ordinance. FEMA's new Flood Insurance Rate Maps identify various floodplains, The CRS assigns point values to activities that, when implemented, make a community more flood resistant and reduce the cost of insurance. The committee's support for implementing some or all of these measures was sought. Following a lengthy discussion regarding the costs to implement versus the savings in insurance rates, the committee affirmed the recommendations of five (5) of the ten (10) activities applicable to Collier County, On a motion by Peter VanAndale, seconded by Robert Mulhere and carried unanimously 11-0, the committee affirmed the following recommendations: · Foundation Protection (20 Points) · Lower Substantial Improvements (10 Points) · Protection of Critical Facilities (50 Points) · Manufactured Home Parks (50 Points) · Flood Hazard Disclosure (71 Points Further discussion ensued and an additional activity was agreed upon which would raise the number of points to the level that would move the County to a Class 6 rating, thus providing up to a 20% discount to flood insurance policy holders. On an amended motion by Peter VanArsdale, seconded by Robert Mulhere and carried unanimously 11-0, the following activity was added to the former motion: · Stormwater Management Facility Inspection (110 Points). VI. NEW BUSINESS A. Park Impact Fee Study Update (Handouts -2) Amy Patterson presented explanations of the regulatory three-year Impact Fee Study which included large increases mostly brought about by CPI adjustment in 4. February 1, IJ) 11 indexing formula to include Land and Construction costs. Certified Appraisal firm researched land values throughout the County. Questions arose regarding the Beach and Boat Access portion of the report. Also the need for the large increase, citing reports of Collier County having the highest impact fees in Florida. Amy acknowledged that Collier is near the top, if not the highest. She deferred questions on the Regional and Community Parks to Amanda Townsend. Amanda Townsend spoke of the various purchases made since last study and the costs involved. To the questions of the large Regional Parks impact fee increases in relation to Community Parks, she stated that impact fees are to maintain level of services. She noted the plan is to diversify the direction Parks and Recreation is taking with Regional Parks, adding more features. Several comments were made regarding the necessity of the elaborate nature of some parks. Also of the costs per acre which seemed excessive, Amanda stated the Water Park would charge a fee and the high costs ofland in Collier County. She answered yes to the question asked by Mr. Disney whether North Naples Regional Park was paid 100% with impact fees. On a motion made by Robert Mulhere, seconded by David Bryant and carried 7-2, the Development Services Advisory Committee accepted the Park Impact Fee Update reports as presented. (Two members were not present at the time of the motion. Reed Jarvi and Brian Jones voted no) B. Discussion re Outsourcing Data Collection of Timeframes for Completion of Plan Reviews for Building Permits Peter VanArsdale DSAC subcommittee discussed hiring an outside professional consultant to find a way to get things done in a more timely manner. Looking for solutions to the backlog and to streamlining the whole planning/building review process. Joe Schmitt: Understands the problem. It is simply a matter of volume. It sometimes takes 3 or 4 reviews per application if there is missing information. Some applications are as much as 18 days in receiving area for a sufficiency review. Industry must take some of the blame, He questioned whether application process or staff is the problem. Need to get business software system in place in order to manage the volume. If given specifics of a problem, he will check it out. Fire inspections are not part of his department but he knows they are experiencing the same volume to staff ratio. He does not see a need for outside consultants to do more studies. Dalas Disney and David Dunnavant wanted to know why preliminary review comments are so difficult to obtain in building permitting but can be obtained in planning; and, why are they not available on the web-site. Peter VanArsdale contends it is a systemic problem, not only computer problem, citing reviewer and revision problems. Suggests looking to outside problem 5, 1611 February 1,2006 solver to make recommendations and come up with solutions. Internally is just not working. Blair Foley & Dalas Disney volunteered to meet with Joe Schmitt and relevant department representatives and discuss issues. Mr. Schmitt preferred it to be at sub-committee meeting and will include Bill Hammond, Susan Murray, Tom Kuck and Bill Lorenz. Sandra Lea will coordinate schedules and set up a meeting after March 13, as Mr. Disney will be away for the next DSAC and DSAC subcommittee meetings. Discussion followed. VI. SUBCOMMITTEE REPORTS The Land Development Regulation, Budget and Operations and Utility Code subcommittee reports were deferred until next meeting VIII. COMMITTEE MEMBER COMMENTS The Chairman welcomed new members, James Boughton, Reed Jarvi and David Bryant IX. NEXT MEETING DATE The next meeting of the Development Services Advisory Committee will be held on Wednesday, March 1,2006 at 3:30 PM in Conference Room 610 of the Development Services building. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:35 p.m. ************ DEVELOPMENT SERVICES ADVISORY COMMITTEE David Dunnavant, Vice Chairman 6, j-LI-Uo Agenda ::> Tourist Development Council- Home ::> Tourism Week 2005 ::> TDC Board Members :) TOC Agenda ::> TOC Minutes :) Contact Information :) Grant Applications :) Related Web Sites Page 1 of2 16 III Search ...:.I' Resident Employee Visitor Business MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCil March 27, 2006, 9:00am Collier County Government Center, Administration Bldg. F, 3rd Floor, 3301 East Tamiami Trail, Naples, Florida 34112 * Requires TDC Action 4 Fiala Halas Hennin9- Coyle Coletta . I. Call to Order II. Pledge of Allegiance III. RollCall IV. Changes and Approval of Agenda V, Approval ofTDC Minutes - *Regular Meeting February 27, 2006 VI. New Business 1. "Recommendations for Vacant or Expiring TDC Positions 2, *Recommendation to Re-evaluate Borrow Area for Marco South Project - Taylor Engineers 3. *Recommendation for Design & Permitting of Clam Pass - Huminston & Moore Engineers 4. *Recommend Proclamation Recognizing National Tourism W May 13-21, 2006 Old Business 1. Interim Report Conservancy of SW FL - Jack Wert 2, Major Beach Renourishment Update - Gary McAlpin Staff Reports 1. Paradise Advertising - Cedar Hames 2, Director's Report - Jack Wert 3. Sales Manager Report - Debi DeBenedetto 4. P,R. Manager Report - JoNell Modys 5. Film Coordinator Report - Maggie McCarty 6. Phase V - Fulfillment & Call Summary - Ginny DeMas 7. Golf Pac Inquiries - Jack Wert 8, Search Engine Report - Jack Wert Detailed Staff Reports Announcements Audience Input & Discussion Council Discussion Next Meeting Date/Location - April 24, 2006; Collier County BCC Chambers, Naples Florida Adjournment VII. VIII. IX, X. XI. XII. XIII. XIV. All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. Mile. CalM: For more information, please contact Jack Wert at (239~~2D2. / llj ok If you are a person with a disability who needs any accommo~ order to participate i proceeding, you are entitled, at no cost to you, to the pr~<>t.1 ce~a:E1is(:.~leal CopiII to: http://turkeystaging/tdc/3-27-06Agenda_htm_MMtmpOfJa/3-27-06Agenda.htm 3/20/2006 1611 February 27,2006 TRANSCRIPT OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Naples, Florida, February 27,2006 LET IT BE REMEMBERED, that the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: Chairman: Commissioner Frank Halas Susan Becker Murray H. Hendel Clark Hill John Sorey III - Excused Glenn Tucker ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Proj ect Manager Colleen Greene, Assistant County Attorney 1 16 J 1 February 27,2006 I. Call to Order The meeting was called to order by Chairman Commissioner Frank Halas at 9:00 AM. II. Pledge of Allegiance Pledge of Allegiance was recited, III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Mr. Wert noted that the agenda posted online had an incorrect number sequence. Ms. Becker moved to approve the Agenda. Second by Mr. Tucker. Carries unanimously 5-0. V. Approval ofTDC Minutes - Regular Meeting January 23,2006 Mr. Hill moved to approve the minutes for January 23, 2006. Second by Ms. Becker. Carries unanimously 5-0. VI. New Business 1. Grant Application for FY 06 Mr. Wert reviewed "Category "B" Grant and Event Sponsorship Application FY 2006-07" and "Category "c" Museum Grants Application FY 2006-07" (see attachments), Document changes reflect updated dates from last year. If approved today they will be posted on the web site today. Mr, Hendel and Mr. Halas thought that the documents were well written. Mr. Hendel moved to approve the documents. Second by Mr. Hill. Carries unanimously 5-0. 2. Recommendations for Vacant or Expiring TDC Position For the record, Mr. Halas did not know if Ms. Becker would feel comfortable discussing her nomination with her in the room; Ms, Becker remained in the room at the discretion of Ms. Greene, 2 1611 February 27,2006 Mr. Wert reviewed Executive Summary "Recommend Candidates for Vacant or Expiring Terms on the Tourist Development Council (TDC)" (see attachment). Three applicants have applied, qualifying for two positions. There are three positions to fill, one for the Non-Owner/Operator Position and two for an Owner/Operator Position. The position that is rotated every four years between an Everglades City resident and a Marco Island resident is open for an Everglades City resident for one remaining year, There are no applicants from Everglades City at this time so the position will be addressed again next meeting. Ms. Becker mentioned that the Candidate Application online is very efficient. Mr. Tucker noted that he had encouraged Mr, Piringer to submit his application. Mr. Tucker moved to recommend to the Board of County Commission, Anton Piringer's appointment to the Owner/Operator position. Second by Mr. Halas. Carries unanimously 5-0. Mr. Hendel moved to recommend to the Board of County Commission, Susan Becker's appointment to the Non-Owner/Operator position. Second by Mr. Hill. Carries unanimously 5-0. Mr. Tucker and Mr. Hendel gave kudos to Ms. Becker. Mr. Hendel also encouraged applicant Gloria Kovacs to stay involved in the County Government. VII. Old Business 1. Off Shore Drilling - Jack Wert Mr. Wert reviewed Executive Summary "Recommend Position on Off-Shore Drilling Issue" (see attachment) including the following points: If drilling is too close to the beach the oil rigs will cause sight pollution. If drilling is well off of the beach and spilling occurs the oil will end up on the beach. The Board of County Commissioners will be reviewing the issue in an upcoming meeting. Mr. Tucker believes that it should be up to the Board of County Commission only because it is politics. He does not want to take a position. Mr. Halas added that the Board of County Commission will probably send a letter of support for the bill. 3 .._ U... liII1.~.."'~.~ 1611 February 27,2006 Mr. Hill recommends forming an opinion based on the approval of the Board of County Commission to support the bill, Mr. Halas expressed concern not to get involved in politics and drop the subj ect. Mr. Tucker moved to decline to make a recommendation to the Board of County Commission. Second by Mr. Hendel. Motion carries 4-1 with Mr. Hill opposed. 2. 2006 Marketing Plan - Jack Wert Mr. Wert reviewed Executive Summary "Recommend Approval of the 2006 Marketing Plan induding the Advertising and Media Recommendations" (see attachment). Mr. Hendel moved to approve the 2006 Marketing Plan. Second by Mr. Tucker. Carries unanimously 5-0. 3. Major Beach Renourishment Update - Gary McAlpin Mr. McAlpin reviewed Executive Summary "Progress Update - City/County Beach Renourishment Project" (see attachment) including the following points: A second dredge should be on location by March 18t; that will bring it up to two dredges, two booster pumps, 13,000 feet of submerged pipe, and 13,000 feet of beach pipe. 1,500 lineal feet ofrenourished beach has been completed. The sand is from Captive taking 6 hours of round trip travel time, an hour to cut and an hour to unload. Each load is approximately 2,300-2,800 cubic yards. If the contractor does not complete the work by the deadline then they will have to cover the remobilization expense, If a turtle is killed during operation then the Core of Engineers shuts the project down in order to perform an investigation. One Green Turtle has been taken; only two Green Turtles are permitted for a take. QC tests are taken every 3,000 feet of beach, Updates will be given at the next meetings. Complaints of residents have come in due to noise, The project is operating 24 hours a day, 7 days a week. Public notices have been published, Coastal Advisory Committee grant applications will be somewhat delayed due to the 195 fund being tight. All authorized projects will move forward. Grant approval will be held off until early summer, All 4 16 J 1 February 27,2006 renourishment funds will be committed. Grants will be prioritized. This will be brought before the Tourist Development Council in the future. Ms. Becker feels that the Turtle aspect of the project needs to be reiterated to the public. VIII. Staff Reports Debbie McCabe was introduced as a new staff member by Mr. Wert. 1. Paradise Advertising - Cedar Hames Ms. Durrant gave a Power Point Presentation (see attachment) including the following points: Introduced Kit Traverso. Beach signs for shelling and red tide education are being designed. A sports web-site is being developed. Demonstration of advertising. Mr. Wert added that they are working with airlines to add new international airline flights. 2. Klages Research Mr. Wert gave a Power Point Presentation (see attachment) reviewing statistics. 3. Director's Report - Jack Wert Mr. Wert gave a Power Point Presentation (see attachment) reviewing tax statistics. 4. Sales Manager Report - Debi DeBenedetto Ms. DeBenedetto gave a Power Point Presentation (see attachment) including the following points: Review of trade shows and trade shows attended. Sales activities reviewed. 5. P.R. Manager Report - JoN ell Modys Ms. Modys gave a Power Point Presentation (see attachment) reviewing media communications and published news clips. Articles and pictures were demonstrated on the overhead. 5 1611 February 27,2006 Ms. Becker added that 3rd Street in Naples is set up for wireless connection, so reporters can set up and work outside. 6. Film Coordinator Repoft - Maggie McCarty Ms. McCarty gave a Power Point Presentation (see attachment) reviewing film projects wrapped and film projects to be developed. 7. Phase V - Fulfillment & Call Summary - Ginny DeMas Ms. DeMas gave a Power Point Presentation (see attachment) with a review of statistics on inquiries, leading States, and leading Countries. 8. Golf Pac Inquiries - Jack Weft No report. 9. Search Engine Report - Jack Wert Mr. Wert reviewed the resulting benefits from search engines. IX. Detailed Staff Reports None X. Announcements None XI. Audience Input & Discussion None XII. Council Discussion Ms. Becker thanked everyone for the confidence in her and trusts that she will use her passed experience to bear upon future contributions. Mr. Halas replied that it is a pleasure to have her. XIII. Next Meeting Date/Location - March 27,2006; Collief County BCC Chambers, Naples Florida None 6 1611 February 27,2006 There being no further business fOf the good of the County, the meeting was adjourned by the order of the Chair at 10:31 AM COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairman Commissioner Frank Halas 7 ,,' C-IJIII -~ cJ 7358tb Street South, Naples, Florida 34102 Phone: 239/213-1896 Fax: 239/213-1033 E-nmn: ehunt~naDl~2ov~om " ","', Subject: Naples eRA Annual Report RE~ couNTY ~GEB OFFICE :~~"'f ~.,,4 = MAR 1 6 2~w ACTK>N ~~I - ~klt... FILE arY- ~~ = - ~/.:s$ t~&<,S b- ) - At!.-v ~~ , ...-r- .qlf!lttt"!tl-L' ~<"J "-e.1 h. r-<. ~.. ~ Please find the enclosed copy of the Naples Community Redevelopment Agency Annual Report for the fiscal year ending September 30, 2005. Please share the information with other County Officials as you feel appropriate. March 14. 2006 Mr. James Mudd. County Manager Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Dear Mr. Mudd: As you will see from the report, we are progressing quite successfully in the Downtown Naples eRA District and look forward to an even more productive year for 2006. If you should have any questions regarding this document. please do not hesitate to call me at your convenience. Thank you for your time and consideration in this matter. With every good wish. I am. /' Enclosures: eRA 2005 Annual Report Cc: Dr. Robert E. Lee. City Manager and Naples City Council MISC. Carres: Each comm. Rec1d Copy Date: ot:lf ( /00 Item#: (~l{ [) ( Copies to: 1,611 City of Naples Community Redevelopment Agency Annual Report .... ,3,.01,,10" i\ U 0 i1u JI' · ~ -2- 'I:' ul1 tLt2~j/ ;. \" 1If\~ :J. r,~/~ III r~~ \---""i'r' I lm-~" ~. j.""1'- l:-~I L In< .. _ ~ Il- H \ ,\ \ / 'TAl 1\ r ;:I "-LJ LJ....l-.I",!J L1 ~ I ':, \ -=:Ir rrn-n LITTIJJJ I ] I I IT . CITY OF NAPLES. FLORIDA m D eRA DISTRICT -:: ~~~(:~~~5T 05-219 ~. 5TH AVENUE OVERLAY O[STR[CT SCALE. 1" = 600' ~ B ~~~~~~~:rN~[S;I~I~:ICTS ~ ~~ =- i1' II \ II.- \~:.J It -~ ~~:J ~\. ~' j;. \~"D= I~rn~ I~' ~ G~f\~':tII1fl~ II - \\~ ~ \11/ ~ d~n.", """. ;;~ I l'- - ~/f-- .-/ / -1~ ~"'~ ~ TJ/\~J' .==1; II /' ~ ~~ \ \~ u L~ ~ ' ..' l~ = f ~4 ~ .~~ ~ TIT =! ~ (7 ~ ~~ III ~ ~~ = rrl'i . IT "" ; ~/l ~ ~ ~ \....1 /2~ -l ~ ~ j"'"I; ~c5\ ~~) \~ --. ~--~ - , ~ . .. As of September 30, 2005 1611 Community Redevelopment Agency The City of Naples' Community Redevelopment Agency (CRA) is required by its by-laws to submit an annual report of activities to the City. The report is also required to include a complete financial statement with assets, liabilities, income, and operating expenses. The following report is presented for the year ended September 30, 2005. A community redevelopment agency can be created for one or more of the following purposes. · the elimination and prevention of slums and blight, or · the reduction or prevention of crime, or · the provision of affordable housing · the rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed The City of Naples Community Redevelopment Plan includes all of these in its overall purpose. Background The genesis of the City of Naples' Community Redevelopment Agency (CRA) was in February 1992 when City Council created the Redevelopment Task Force (RTF). The Agency concurred that incentives provided to property owners and developers would protect and enhance the quality of life for the citizens of Naples. Of most concern to the RTF was the Redevelopment Area: bounded on the north by Seventh Avenue North, on the east by the Gordon River, on the south by Sixth Avenue South, and on the west by Sixth Street. eRA District Boundaries (See Attachment A) \ 2 1611 The CRA was eventually established by City Council on January 5, 1994. The CRA members quickly collaborated to create the Community Redevelopment Plan, which was approved by City Council less than five months later, on May 18, 1994. Plans were well underway to preserve the distinctive beauty and charm that had already been characteristic of the City of Naples. Major projects of the District were first accomplished in the Fifth Avenue South area. A free parking garage, street front parks, and major streetscaping, including walkways, plantings and general beautification encouraged development and subsequently Fifth Avenue South evolved to a classic, upscale, shopping and dining destination. By 1999, City Council had established the D Downtown Zoning District (Attachment B), a more concentrated area within the Redevelopment Area. This zoning district continues to be an area of interest to the CRA, business & property owners, and City of Naples residents. As a result of the numerous projects active and planned for the CRA district a Community Redevelopment Agency Advisory Board (CRAAB), comprised primarily of the district's business and property owners, was established by City Council and a CRA Manager was hired to bring focus and capacity to the Downtown CRA Area. The cohesive effort of the City Council, the CRA, CRAAB, City Staff and Community Residents will ensure the continued proclamation by many residents and visitors that our city is one of the most beautiful in the United States. Proiects in FY 2005 On-going projects include repairing and maintaining streetlights in the district, improving pavement markings, maintenance and repairs to the pedestrian light guard system, planning for sidewalk repairs and intersection leveling. One of the major undertakings has been the streetscape improvements downtown, particularly on 10th Street South. Work there has included installation of curbs, parking, sidewalks, street paving, traffic calming techniques, brick crosswalks, new streetlights, and landscaping. All of this work has made 10th Street South much more pedestrian friendly for residents and visitors to Downtown Naples. The plans have now been developed to continue these improvements along 10th Street North to ih Avenue North. TENTH STREET NORTH DESIGN DEVELOPMENT STREETSCAPE PLAN: PHASE ONE &\ -,......~ WI 11*1117-'5 .." -- ........-....-...-- ..... -'..-...-- - .......- --....."";.0;;.;,;,---........- - - ,.-~--=....,.-------.-~~-- F~;~~~~,_=F~~~=~.._.~ "-11'__ eiiir___cM 3 1611 On-street parking areas, sidewalks ar.'d landscaping being constructed on 10th Street ....'\01-..--"" . I ~~'J~ Installation of sidewalks, irrigation, crosswalks and road resurfacing on 10th Street ~ New street Ii hts,. P. a.lm trees and traffic calming elements. ?,,:,,".'f'.~.J';.'.'"'' .' .. -, -- -,.~ "-Z H/~ /~:;: . 4 1611 In addition to the 10th Street North streetscape projects, improvements have been planned and approved for Central Avenue between 6th Street S. and Goodlette-Frank Road. Also, 12th Street North will see considerable improvements in coordination with Fun Time Early Childhood Academy, Inc.'s plan for developing a new facility, and US-41 within the CRA District. Staff has been directed to work cooperatively with property owners to bring project objectives to fruition. The following illustrations depict design plans and construction work underway. CENTRAL AVENUE DESIGN DEVELOPMENT STREETSCAPE PLAN ~ "''''''''''''~L o..tt:1'11'I05 NORTlt -~ p!ll;PNllm~, ciiYGi"........cR4" ~::":=:~........MI_ '___0.__+- ~..~~~::~...~~~.tYi~J:.t~. ~.:'.. ~: ~ -,'" ~'.M-. ,-,,:1":~.!.';'::I: ....".... u, , ".____ _" .--" :->;~:---~'iit~r:_ ~.,{;- ",. ~~ ---.- "'Ud''''''' k!ilo. ~~ , , , , Central Avenue: US 41-1 Oth St. Phase One Plan :;: !l II -.--" II \ ~.I_:. ,.. Il-"';;~=_~;=I-""'~~ J, I~~.~ '_ ~=~~~:-' ,-4 -I~.~ ------ ~ ~l I JOHNSON TIRE I ANTIQUES SHO", I ---x - " il;1 ill aUIZNOS su I ii I I I I ~ PREPARED FOR: City of Naples NORTH 1" = 20' 11/17/2004 PREPARED BY: A. Gail Boorman & Associates Landscape Architecture + Urban Design + Planning 5 1611 Improvements made on U5-41 Medians -- Construction e,uipment used to make cuts in the dense concrete 6 1611 This illustration reflects a master pla~ visi~nfor U5-41 fl'f)m Four Corners to the Gateway Triangle Four Corners Naples Depot : ~ Grand Contral Slalion '" ~ Baylront ~ ::1 ~-:~:~.~, '\l? Pedestrian i Public Realm Enhencement '"" -Park-Around~ Gateway Enlmn ShoppIng Dislricl Tin City Marina Expansion Naples Bay Marina o lOO:lOG "'""'-- ..}. The following illustrations depict new projects that are planned or underway and consistent with the master plan vision. Bayfront Phase II 7 1611 Renaissance Village -~ "t,c<"~ ,~....~~~ .,~1"'< f ' .......- . ~ .. . ~:'r...... . ..- ~:~. .~... lIf -, .. ~ - . ":,....o ',.", '-"\"'''".. .. - - ~ .. ."~~ '. i_;\-~:-'.:.r--"y>"''t ," ~-';'~~S.'~:,t;::'~~- . "" ~"'~'" f...:~. """':., ~;;;;... .';', GRAND CENTRAL STATION '''J I~:'J \4.....::.."'.....,:.. -V'~)l:11 '.:It'';l~l :..:~ '1'..; ----------"-..--"'--;-:F'IJ-~~-;...,~ ,,-:_~.',~ 1 Naples Bay Resort 8 Gordon River Greenway/Nature Trail 1611 The following illustrates new projects planned or underway in other areas of the eRA District. 9 1611 Intermezzo (Residential) on the Gordon River Mixed-Use on US-41 at 6th Avenue N. 10 1611 Improvements planned for north end of Spring Lake ENTRY BOARDWALK AND OVERLOOK ENTRY PARKING VIEW OF OVERLOOK WITH PERGOLA New Mixed-Use planned for 950 Central Avenue In the 5th Avenue South Overlay District, a contract was executed with Goetz & Stropes Landscape Architects, the landscape architects of record for the original 5th Avenue South landscape plan. They completed conceptual landscape designs including specific plant materials for street intersections and various locations along the planting strips throughout the 5th Avenue South corridor for updating the original plan. Other activities within the 5th Avenue South District, and eRA District in general, include electrical infrastructure assessment for 5th Avenue South, refurbishment of all pedestrian benches, installation of new miniature lighting of trees within Sugden Plaza and along 5th Avenue South, trimming of coconut palms, replacement of damaged brick pavers, ongoing maintenance of streets, municipal parking garage, elevator maintenance & repair, fountains, trash control, regular mulching, pest control measures. 11 1611 Crosswalks and landscapin r'. ". FINANCING City of Naples Real Property Taxable Value: Residential ProDertv # of Parcels Taxable Value Vacant Residential 534 $ 447,239,085 Single Family 5,355 5,752,103,856 Multifamily Residential 13.123 5.918.438.402 Total 19,012 $12,117,781,343 Non Residential ProDertv # of Parcels Taxable Value Vacant Commercial 55 $ 34,365,574 Improved Commercial 456 1,173,099,784 Vacant Industrial 9 5,396,954 Improved Industrial 20 30,265,088 Institutional 69 16,921,398 Miscellaneous 110 24.179.347 Total 719 $1,284,228,145 Grand Total 19,731 $13,402,009,488 eRA District Real Property Taxable Value: Residential Property Non Residential! Commercial Mixed-Use Grand Total $306,336,192 347,356,726 72,643,220 $726,336,138 420/0 480/0 100/0 1000/0 900/0 100/0 1000/0 12 1611 A fiscal year-end balance sheet (Attachment C), Statement of Revenues, Expenditures and Changes in Fund Balances (Attachment D), and a Budget to Actual Comparison (Attachment E) provide detailed financial information about the CRA. With every good wish for a successful year, I remain, Resp~.. \tfully yourrl I I //' (~tsJ:l.~ Chet L. Hunt, CRA Manager J 13 2005 Naples Community Redevelopment Agency Board Members William R. MacIlvaine, Chairman Bill Barnett Johnny Nocera Gary B. Price John f. Sorey III Penny Taylor Tamela Wiseman Executive Director Dr. Robert E. Lee CRA Manager Chet L. Hunt City Attorney (Contract) Robert Pritt City Clerk Tara Norman Department Officials Chief of Police and Emergency Services Community Development Director Community Services Director Construction Management Director Finance Director Human Resources Director Information Services Director Public Works Director Steven Moore Robin Singer David M. Lykins Ronald A. Wallace Ann Marie S. Ricardi Denise Perez Stephen A. Weeks Dan E. Mercer 14 16 J 1 AlTACHMENT A J~\'F- :l\H I ~ 'J~~ ~~---m II / )~ \ 1\\ ~\~ ~ 5t L ~ iJ',,-\\"I1 11-' II ~ ~ ./ ~ ~ ~ 't'T\1~~S:\1 ~'-<:)I ^ ~ /I ~ \ c..ld' r::? PI ,,-, - -..; f:: r....: ~ Il/:-j 7J. --' o--~ Ii-- =2I:;;iZ- ~,...:);, - -, 0 - = t; I=~: '-II-..] ... , ]\~I -' LL - = -~: '"--ll -II :-1'\\ - , \ f- ,- (;: 1 11..: ~ II r--\!U- - r-- ..... ~\ ''''''~!!lt.cA_ ,\.----i"l ,1 ,S - I- J;:: ~~ r I-- :J n II F'" =-II - - .. ~rr IT ~; ~ ~ \ ~\If' rip/; \~i /,\/) -, V/ll ~If\ /H/i ~ ~ I_I/- ~ ~~ rt~ ~.: :~i""'" 3 1 c1\ uJ: ~ - FTIII ~~v --r I \...::.<d I >-. r ~ ";, ~"~ILJ,d' it; ~ "" [~ ~ I M~~'r L-~~\I~ ,51 ~v N r ~ ~\~~1 CE~; ~_L- ~ ~~I J\\\ it cl~'ODJ II -0\ T \\\1 \ HI ~ nifl' \0\0 -i \\.f IT - -- ( ~~\ ~U I" ~ \.l-\ -' \....-J "- :--" ~ lI" _ II> ~ I T II I II> II> ~v. r J 8l- rSl~V5 \I~ ~ ~ ~~ - r- o lm: ~ '~Q -- L-; 3R01~n ~ ~~~rrn\OO II III] 0 I ~ ~~~\G -/~ ~~ ~\/7 \ 1 DfrT 1 ~ Ft:Il\= ~ ~ /7~) L-- .\ \.~ I' \ ~ 1 h Ir ~rs~'/ I\.. I- \ II> \ ~ I .; ~~~ F \ !;::' ~-\l -,.. L- ~~T -~ 1 ~~~'''., ~ M H ~ ... - ~I 'l""""""!51 Ii: '-""""... - I- \ lSL~ ~ ~\m~ ~ l' ~n<\vi -) r- W I '\\\ \ (~:.qffi1JE,IFf\ \II J. 51\ l ~ '<LJ f I I 1.1 I C~_. ~~~~ ''''-i:;>.' '<J? '\7' ..~. City of Naples, Florida GIS Project 04-065 10-19-04 SCALE: 1" = 800' (J) 15 ATTACHMENT B lb-!JJ Ordinance 03-10093 ~ DIAGRAM 1 DOWNTOWN DISTRICT SETBACK ZONES SETBACK ZONE A .".,'. SE1BACKZONE D SElBACK ZONE B _.._ SETBACKZONEG cD SETBACK ZONE C 16 1611 Attachment C City of Naples, Florida Balance Sheet Community Redevelopment Fund September 30,2005 (with prior year results for comparison purposes) 2004 2005 Assets: Cash and investments $ 4,836,388 3,699,015 Receivables (net, where applicable, of allowance for uncollectibles): Accounts Miscellaneous 12,077 Due from Other Funds 50,211 Advances Due from other Funds Due from Other Governments Prepaid Items Total Assets and Other Debits $ 4,886,599 3,711,092 Liabilities: Accounts Payable $ 8,189 129,931 Accrued Payroll and Personal Leave 4,254 10,630 Due to Other Funds Advances Payable to Other Funds 2,277,733 1,960,245 Deferred Revenue Customer Deposits Total Liabilities 2,290,176 2,100,806 Fund balances: Reserved for Encumbrances 1,261,028 472,007 Reserved for Advances Reserved for Prepaid Items Reserved for Debt Service Reserved for Construction 2,573,840 1,338,596 Reserved for Other Purposes Unreserved: Undesignated (1,238,445) (200,317) Total Fund Balances 2,596,423 1,610,286 Total Liabilities and Fund Balances $ 4,886,599 3,711,092 Source: Year-end Financial Statements 1 l?JJnt 0 Community Redevelopment Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Year Ended September 30, 2005 (with prior year shown for comparison purposes) 2004 2005 Revenues: Taxes $ Ad Valorem 381,150 455,139 Intergovernmental 1,331,347 1,521,264 Interest 69,776 109,335 Miscellaneous 486 67,198 Total revenues 1,782,759 2,152,936 Expenditures: Physical and economic environment Economic development 498,994 2,659,127 Interest and/or advances to other funds 86,826 77,579 Total expenditures 585,820 2,736,706 Excess of revenues over (under) expenditures 1,196,939 (583,770) Other financing sources (uses): Transfers in (Issuance of Debt) Transfers out ( 461,101) ( 402,367) Proceeds - sale of fixed assets Total other financing sources (uses) (461,101) (402,367) Net change in fund balances 735,838 (986,137) Fund balances - October 1 1,860,585 2,596,423 Fund balances - September 30 $ 2,596,423 1,610,286 Source: Year-end Financial Statements 16Atllnt E City of Naples, Florida Budget to Actual Comparison Community Redevelopment Fund September 30, 2005 Budgeted Actual Difference Revenues: City Taxes 456,730 455,139 (1,591) County Taxes 1,552,000 1,521,264 (30,736) Interest Earnings 42,000 109,335 67,335 M iscella neous 67,198 67,198 Debt Proceeds 0 Use of Fund Balance 3,497,761 986,138 (2,511,623) Total 5,548,491 3,139,074 (2,409,417) Expenditures: Personal Services 305,817 244,195 61,622 Operating Expenditures City Administration 120,000 120,000 0 Construction Mgt Fee 126,000 126,000 0 Professional Services 125,160 177,854 (52,694) Legal Counsel 0 0 0 Utilitity Services 41,960 41,340 620 Repair & Maintenance 15,700 16,595 (895) Operating Supplies 23,337 15,565 7,772 Memberships 395 281 114 Capital 3,713,241 1,917,298 1,795,943 Debt Service 797,434 479,946 317,488 Reserve 279,447 0 279,447 Total 5,548,491 3,139,073 2,409,418 Net Gain/(Ioss) 0 0 Source: Year-end Financial Statements 16 I Jfrt Area Agency on Agmg for Southwest Florida, Inc. ebruary 13, 2006 Mr. Fred Coyle, Chairman Collier County Board of Commissioners 3301 East Tamiami Trail Naples, Florida 33962 h:,!;I~'.' '(\ncr~ Dear Chairman Coyle: It is my pleasure to provide you with a report of our administrative monitoring visit with Collier County Services for Seniors on December 20,2005, continued with requested backup information faxed to the Area Agency on Aging for Southwest Florida, Inc. on January 17,2006. The administrative monitoring of your contract(s) with the Area Agency on Aging for Southwest Florida, Inc. is an annual requirement. The purpose of administrative monitoring is to provide technical assistance to project personnel with regard to contractual activity and also to ensure compliance with state and federal law. Administrative monitoring of all provider agencies is conducted in accordance with procedures contained in the Department of Elder Affairs Administrative Monitoring Instrument. The monitoring team did not identify any issues of non-compliance except for the two-reportable conditions detailed in the September 30, 2004 Comprehensive Annual Financial Report. Collier County's Management Letter response outlines an established timeline for corrections. We appreciate the cooperation of project staff during the monitoring. If you have any questions or comments regarding this report, please contact this office. Sincerely, ~or~ Leigh Wade Executive Director Fiala Halas Henning Coyle Coletta .. \.../ if ~= [, I Enclosures - .~, ~ft7 10 . ~ Barry Williams, Director~ -- r ( Cathy McGinnis, Program Manag~\ I Central Files ) Misc. Corres: , / Dall!Qt,!i II et 2285 FIRST STREET, FORi MYERS, Iue",'901llo I ll22- (239) 332-4233 FAX (239) 332-3596 TDD (239)332-7353 Copie's to: R AFFAIRS STATE OF FLORIDA 1611 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. ADMINISTRATIVE MONITORING REPORT February 13, 2006 GRANTEE NAME: Collier County Human Services GRANTEE ADDRESS: 3301 Tamiami Trail E. Building H Naples, FL 33962 GRANTEE TELEPHONE: (239) 774-8443 BOARD OF DIRECTORS: President/Chairman Fred Coyle, Chairman PROJECT DIRECTOR: Barry Williams PURPOSE OF VISIT: Annual Administrative Monitoring DA TE(S) OF VISIT: December 20,2005, reviewed faxed requests received on January 17, 2006 PROVIDER REPRESENTATIVE(S): Barry Williams, Director Terri Daniels, Accountant AREA AGENCY REPRESENTATIVE(S): Delores Kadlec-Roussey, CFO Vicky Wilson, Assistant CFO Joyce Warford, Contracts & Grants Specialist Sandra Dauti, Fiscal Clerk 2 CONTRACT(S): OAA 202.203.05 OAA 204.203.05 OAA 203.213.05 OAA 203.203.05 OAA 206.203.05 OAA 204.213.05 OTHER CONTRACTS MONITORED DURING THE VISIT: Accu Care Health Force Right at Home 3 . .-"'--.."'---.--......------.."...~.-,.".-~,."~.,..~.~--"'.-,-",,...'_.""m_....~."...."..~.,_'~.,."~.___....._,,_,.._. ~,. ill" '<IIl.- OAA 300.05 OAA 303.05 OAA 347.05 16 J 1 1611 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. UNIT RATE CONTRACT REVIEW SUMMARY OF FINDINGS and/or COMMENTS GRANTEE: Collier County Services for Seniors I. ACCOUNTING POLICIES AND PROCEDURES OF THE LEAD AGENCY Staff reviewed the annual financial and compliance audit and the previous year's monitoring report. Two reportable conditions detailed in the September 30, 2004 Comprehensive Annual Financial Report was addressed in a June 1, 2005 memo to Barry Williams. Collier County's Management Letter response outlines an established timeline for corrections. II. ASSIGNMENTS AND SUBCONTRACTS This section is not applicable to the lead agency. III. EXPENDITURES Staff reviewed a total of 14.322.00 units of service with corresponding backup documentation supporting services billed. No issues of non-compliance noted during the monitoring visit. IV. PROPERTY Staff reviewed purchasing procedures for hardware, software, services, and supplies during the 2005 OAA monitoring. Staff also verified the inventory records with the location of the equipment during the 2005 OAA monitoring V. COMPLIANCE WITH OTHER CONTRACT REQUIREMENTS Staff reviewed record retention policies, termination policies, and sponsorship clauses on printed materials during the 2005 OAA monitoring. 4 1611 VI. RECOMMENDATIONS Staff recommends Collier County Services for Seniors continues to submit timely billing. Follow-up to the 2004 audit conditions with a written progress report to the AAA is also recommended. 5 1611 I. INTRODUCTION/ENTRANCE INTERVIEW An administrative monitoring visit was conducted of Collier County Services for Seniors (lead agency) to determine if the lead agency's administration of state and federal programs and vendor's deliveries of services to elders conform to the rules and regulations established by the area agency (agency). The policies and procedures of the lead agency, documentation of delivery of services by vendors, documentation of consumer records, documentation of invoices were evaluated for compliance with contract requirements. A desk review of a sample of invoices submitted by the lead agency, a review of the data entered into CIRTS, a review of comments from lead agency staff, and a review of comments from agency staff was completed prior to the on-site visit of December 20,2005 followed by faxed requests of backup on January 17, 2006. The entrance interview was held on December 20,2005 with Barry Williams and Terri Daniels. The CFO introduced each of the Area Agency on Aging for Southwest Florida, Inc.'s staff members and reviewed the role of each staff member. An overview of the monitoring process, including an explanation of the pre-monitoring activities indicated above and on-site activities (review of invoices, policies and procedures, interview of staff members, review of CIR TS data with invoices), was provided to emphasize the Area Agency on Aging for Southwest Florida, Inc.' s focus on evaluating the effectiveness of administration and management of state and federal programs from the agency through the documentation of the receipt of services by consumers. The monitoring agenda for the visit was reviewed and discussed. OAA Title Cl and C2 payments issued to Senior Connections of Southwest Florida, Inc. and the hurricane meals that the AAA has in storage for seniors in Collier County was discussed. Barry Williams indicated that Collier County had storage to take some meals. The role of the Aging Resource Center and Collier County's 2-1-1 was also discussed. The surplus/deficit report was reviewed. If additional OAA Title 3B funds became available, Collier County Services for Seniors requested an amendment to move funds to transportation to complete the 2005-year. The Lead Agency expressed their lack of interest in direct deposit at this time. II. METHODOLOGY The monitoring focused on all the Area Agency on Aging for Southwest Florida, Inc. funded programs and involved participation of the Area Agency on Aging for Southwest Florida, Inc.'s staff, lead agency staff, vendors, consumers and caregivers. Standards developed by the Area Agency on Aging for Southwest Florida, Inc. in the following key functional areas were reviewed: Accounting Policies/Procedufes: The lead agency's policies and operating procedures including the previous annual administrative monitoring recommendations and implementation and the annual audited financial and compliance report. Assignments/Subcontracts: The lead agency's compliance with oversight of assignments and subcontracts including contract review, contract monitoring, policies governing the contracts, and subsequent reporting of findings and follow-up. In our planning and service area (PSA), the lead 6 1611 agencies do not have any assignments/subcontracts. Expenditures: The lead agency's oversight of invoice processing; review of vendor's invoices; review of data in CIRTS; back-up documentation supporting invoices; process of review by the lead agency; interview with case managers to discuss their process of review; interview with project manager to discuss implementation of plan to utilize all funding and address overspending/under spending; policies governing overpayments received on the contract; and review of procurement standards. The Area Agency on Aging for Southwest Florida, Inc. reviewed one/two months of expenditures for each service. The services were provided by both the lead agency and vendor agencies. 100% of each month chosen was reviewed. Requirements: The monitoring visit was designed to assist the Area Agency on Aging for Southwest Florida, Inc. in determining the lead agency and vendor's ability to: · Administer and oversight of programs and services administered by the lead agency . Record valid and reliable program and service data . Effectively deliver services to consumers · Manage funding to assure quality services at a competitive price MONITORING VISIT NOTES Accounting policies and procedures of the lead agency: The audit report was received in timely manner. KPMG (auditors) noted the following reportable conditions: 1) In 2003 KPMG recommended that the Board of County Commissioners implement a procedure to monitor delinquency and collectibility for miscellaneous receivables and consider writing off those considered uncollectible, KPMG's suggestion was not implemented. The 2004 Management Response indicates that the delinquent receivables will be reconciled and cleaned up prior to September 30, 2005. 2) In 2003 KPMG recommended that the Housing Department provide Florida single audit information to their subrecipients and request where applicable. KPMG reported that the Housing Department requested audit reports from subrecipients but did not follow-up to obtain the reports as required. Also that the contracts reviewed contained reference to federal single audit requirements and did not reference the Florida Single Audit Act. The 2004 Management Response ensures that all sub-grant award contracts will include the Florida Single Audit Act requirements. 7 1611 While these findings are not judged as applicable to DOEA's program, it is required that Collier County is held accountable to establish a timeline for corrections. The Management Letter response clearly outlines an established timeline. An update was provided to the AAA by the required September 25,2005 date. Assignments and Subcontracts: All subcontracts were held at the Area Agency on Aging for Southwest Florida, Inc.' s level until June 30, 2005. The lead agency subcontracts directly with vendors for services as of July 1, 2005. Expenditures: The majority of the time spent on site was spent reviewing information for this section. This report includes monitoring of the lead agency records as well as records for the vendors that are maintained by the lead agency. The following is a list of information reviewed while on-site: Collier Co. Services for Seniors: A total of 2,551.00 units of service were reviewed while on- site. No issues were noted during the review. Accu-Care Nursing Services: A total of 1,255.00 units of service were reviewed while on-site. No issues were noted during the review. Health Force: A total of 325.00 units of service were reviewed while on-site. No issues were noted during the review. Senior Connections for Southwest Florida, Inc.: A total of 10,156.00 units of service were reviewed on-site. No issues were noted during the review. Right at Home: A total of 35.00 units of service were reviewed on-site. No issues were noted during the review. 8 1611 The units reviewed by funding source are shown in the chart below. Collier County Services for Seniors OAA Monitoring Review OAA3E OAAC2 Programs OAAC1 OAA3B o 1000 2000 3000 4000 5000 6000 Units 111IIII Expenditures I Other items of contract compliance: No issues concerning contract compliance were noted during this part of the monitoring visit. The monitoring visit was completed and an exit interview was performed. 9 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. 1611 ADMINISTRATIVE/FISCAL MONITORING REPORT The following instrument is a guideline to use when monitoring the Lead Agencies. This instrument shall indicate any issues which were discovered during the monitoring visit. The contract file contains the backup documentation with support of each finding and is on-hand at the agency. Key: In response to the question: "Is the contract provider in compliance with the standard/regulation?", the answer code is: y = Yes N = No M = Marginal NIA = Not Applicable This report has been initiated by: Delores Kadlec-Roussey, CFO and Vicky Wilson, Assistant CFO Date report was initiated: February 13, 2006 Executive Director's approval: Date of On-site Visit: December 20, 2005 Desk Review of: faxed requests on January 17, 2006 I. ACCOUNTING POLICIES AND PROCEDURES OF THE LEAD AGENCY N 8t d d/R I' o. an ar eQu atlon Findina/Comment 1. The annual financial and compliance audit performed by an independent The annual financial and auditor has been completed and the report(s) received within 150 days compliance audit was received in ~ after the provider's fiscal year ended as specified in the Audit Attachment. a timely manner. KPMG noted The recommendations/findings noted in the independent audit report two reportable conditions. The N and/or management letter have been followed or otherwise cleared AAA addressed issues to Lead appropriately. Agency under separate cover and M in monitoring findings. N/A F Target Date: 2. If an administrative/fiscal monitoring was performed in the year prior to KPMG noted that the 2003 this review, all deficiencies noted have been corrected or otherwise findings were not corrected as y cleared appropriately. required. Conditions were addressed as noted above. ~ M N/A F Target Date: 10 1611 II. Assignments and Subcontracts 3. All subcontracts, funded by the agency, contain all of the clauses and Collier County Services for Seniors provisions required in the contract and the Master Agreement, with the began contracting with vendors on y exception of clauses identified in Assignments and Subcontracts (Section July 1, 2005. The AAA received I., S., 1. of the Master Agreement, and other clauses specifically identified copies of all subcontracts and will N as not applicable. review prior to the next scheduled monitoring. M ~ F Target Date: 4. Sample a minimum of 20% of invoices, audit reports, and monitoring The Area Agency on Aging reports, which shall include subcontractors for major programs (OM, reviewed 20% of all OM y CCE/HCE lead agency). Identify which subcontractors were reviewed. invoices and backup. The following items should be reviewed: Collier County have N subcontractors as of Subcontractor Audit Report July 1,2005. M Monitoring Report by the AAA Corrective Action ~ Response by AAA to Corrective Action F Target Date: 5. The provider has developed a policy regarding frequency and type of The Vendor Monitoring Procedure administrative monitoring necessary to ensure compliance and was to be developed and y accountability of subcontractors with state and federal requirements and implemented by October 1, 2005. conducts monitoring accordingly. Work papers are available to document A copy of the procedure is N the monitoring process. req uested. M ~ F Target Date: 6. Administrative monitoring reports are issued to subcontractors within 45 This standard will be reviewed for days of the desk review or on-site visit. compliance at the next scheduled y monitoring. N M ~ F Target Date: 11 7. 'Did the provider follow up on monitoring issues with subcontractors in a This standard will be reviewed for timely manner and were all issues resolved? If not, describe the situation compliance at the next scheduled Y and action plan the provider is taking to resolve the issue. If there were monitoring. any disallowed costs or paybacks due from subcontractors, were they N reported to the agency? III. No. ~ Expenditures are supported by appropriate documentation such as Monitors reviewed one/two months for subcontractor receipts and expenditure reports, travel vouchers, time each servic~ pro~ided within Collier ~heets, vend?r invoices and receipts. Title III required match, program ~~~~pa::~dr~~~~~~~encies mcome~ and Interest ear.ned are reported ~orrectly. At least 2 months of providing services within Collier expenditure do~umenta~lon for at I~ast 20 Yo of total subcontracts should County. Collier County staff provided be sampled, which shallmclude major contracts and the OAA contract, as back-up documentation to support mentioned in step #4 above. invoices submitted by them and the vendor agencies, The documentation was well organized and contained all the required signatures, units provided. etc. No issues were noted during the monitoring visit This standard will be reviewed for compliance at the next scheduled monitoring M ~ F Target Date: Expenditures Standard/ReQulation 8. ~ N M N/A Target Date: F 9. Payments to subcontractors and vendors have been issued within 7 working days in accordance with Section 287.0585, Florida Statutes and Section I.S.2. of the Master Agreement, unless otherwise stated in the contract. At least 16% of subcontractor payments will be sampled, including contract payments for major programs. Mail certifications, cancelled checks, or follow-up with the subcontractor can be used to determine timeliness. F 10. Interest earned from advance payments of federally funded contracts is Th~ county doe.s not .maintain identified in the provider's accounting records and is reported on monthly thelr.advance~ In an Interest Y receipts and expenditures reports per DOEA Policy Memorandum A007. beanng checking account. Interest earned on the advance of general revenue funds are returned to N the agency no later than 10/31 of each year. y N M Target Date: M ~ Target Date: F 12 12. y N M ~ F 13. ~ 11. If unallowable expenditures were charged against the contract, or the provider has been overpaid, the provider has made arrangements to Y reimburse the agency in accordance with Section I., W, of the Master Agreement. N M ~ Target Date: F The provider followed their own policies and procedures for procurement The Area Agen.cy on Aging for of services. The provider purchasing policies and procedures are Southw~st Flonda, In,c. was congruent with Section 287.057, Florida Statutes. Bid dispute procedures respo~slble for s~cunng ~endor are in place and included in any bid packets. Appeals procedures must be a~e~cles t? provide se:'lces referenced in intended award notifications for procurement by competitive Within Collier County With bid. contracts until June 30, 2005. Collier County had to subcontract for services beginning July 1, 2005. Target Date: Y Noncompetitive procurement and use of sole source is justified and documented by the provider reflecting that it was not feasible to contract under competitive bid procedures in accord with 287.057, F.S.. N M Target Date: F 13 IV. No. 14. ~ Property 1611 Standard/ReQulation 00 The provider adheres to the agency's procedures and standards when The Area Agency on Aging purchasing Information Technology Resources (ITR). An ITR worksheet reviewed the procedures and is completed and retained by the provider's LAN administrator for any standards during the 2005 OAA computer related items costing $1,000.00 or more, i.e. hardware, monitoring, software, services, supplies, maintenance, training, personnel and facilities in accordance with Section III., F., 1., d.. of the Master Agreement. A sample of current year ITR worksheets on file for equipment over $1000 will be compared to property inventory records. At least 20% of property identified on the ITR worksheets will be sampled for accuracy. N M N/A F Target Date: 15. Individual items totaling $2500.00, or not less than 20% of equipment The Area Agency on Aging purchased in the current contract year, will be selected from the property reviewed the property inventory inventory records for physical observation to determine that property items during the 2005 OAA monitoring. are located in the areas identified on the inventory records. Inventory records indicate the source of funds used to purchase property, acquisition date, location, and purchase price of property items. Disposition of property items originally purchased with funds through the agency are documented in writing as being requested from and approved by the agency's contract manager(s). y N M F Target Date: 14 V 16. ~ N M N/A F 17. ~ N M N/A F 18. y N M ~ F 19. ~ N M N/A F .Compliance with other Contract Requirements The Lead Agency has a record retention policy that provides for records, including supporting documentation, being retained for a minimum offive (5) years, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records are retained until resolution of the audit findings. Target Date: 1611 Collier county policies indicate this is the current practice. In the event a contract is terminated, the provider submitted a plan to the T~e lead agency subcontracts agency, which identifies procedures, to ensure services to clients will not with vendors as of be interrupted or suspended by the termination. If an agreement between July 1, 2005. This was done at a provider and a subcontractor has been terminated, the subcontractor has the AAA level until June 30, submitted to the provider and the agency, a similar plan ensuring services 2005. The lead agency signed a to clients were not interrupted or suspended by the termination. contract, which ensured they would identify any problem areas, or issues that might arise within their agency. The AAA has a contingency plan to handle the reduction in services (found in the response to the OAA bid) or termination of services due to loss of funding. This standard will be reviewed for compliance at the next scheduled monitoring. Target Date: Provider's procedures require the provider to notify the agency within 48 hours of conditions related to subcontractor performance (as outlined in Section I., a., 4. of the Master Agreement) that could impair continued service delivery, and a proposed corrective action plan and time frames for implementation. Target Date: The provider has identified the "State of Florida, Department of Elder The Area Agency on Aging Affairs" in publicizing, advertising or describing the sponsorship of any review.e? the p~blicizing and programs funded by or through the agency, including, but not limited to, adv~rtl~lng dunng the 2005 OAA any correspondence or other writing, publication or broadcast that refers to mOnltonng such program. Target Date: 15 1611 EXIT INTERVIEW The exit interview was conducted on December 20, 2005. Staff reviewed each area monitored with the staff of Collier County Human Services. No issues were noted during the monitoring visit. Staff was congratulated on the timely response to our requests for additional information. The Area Agency on Aging for Southwest Florida, Inc. recommends continuation of contracts with Collier County Human Services and the vendors providing services within Collier County. The Area Agency on Aging for Southwest Florida, Inc. looks forward to another productive year of service provision to consumers residing in Collier County. Staff with Collier County is encouraged to contact staff at the Area Agency on Aging for Southwest Florida, Inc. with any questions they may have concerning contract compliance issues and technical assistance questions. The staff at the Area Agency on Aging for Southwest Florida, Inc. greatly appreciates the cooperation received from the staff of Collier County Human Services. The staff at Collier County was courteous and helpful. It was a pleasure to monitor this agency. 16 MEMORANDUM Date: March 16, 2006 To: Don Hunter, Sheriff Sheriff's Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Agreement approving and providing for County Traffic Control Jurisdiction over roads within the subdivision of "Saturnia Lakes Homeowners Association, Inc." Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #16J1) approved by the Collier County Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions, please feel free to contact me at 774-8411 Thank you. Enclosure 16Jl MEMORANDUM Date: March 16, 2006 To: Satumia Lakes Homeowners Association, Inc. From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Agreement approving and providing for County Traffic Control Jurisdiction over roads within the subdivision of "Saturnia Lakes Homeowners Association, Inc." Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #16J1) approved by the Collier County Board of County Commissioners on Tuesday, April 11, 2006. If you should have any questions. please feel free to contact me at 774-8411 Thank you. Enclosure 16Jl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 J 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper, Attach to original document. Original documents should be hand delivered to the Board Oflice, The completed routing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exceotion of the Chainnan's si!!:nature, draw a line through routin!!: lines #1 throu!!:h #4, comolete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact statf tix additional or missing infonnation, All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item,) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was April 11, 2006 Agenda Item Number ]611 Approved bv the BCC Type of Document Agreement Number of Original ] Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial theYes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. lJ ~. N/A 0/: I: Fonns/ County Forms/ BCe Fonns/ Original Documents Routing Slip WWS Original 9,03,04. Revised 1,26.05. Revised 2.24.05 16Jl AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF SATURNIA LAKES HOMEOWNERS ASSOCIATION, INC. THIS AGREEMENT is made and entered into this 11 th day of April , 20~, by and among the following three parties: Saturnia Lakes Homeowners Association, Inc., 1310 Saturnia Grande Drive, Naples, Florida 34119; the Collier County Sheriff's Office, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Building F, Naples, Florida 34112. WHEREAS, all roads within the Saturnia Lakes subdivision (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, Saturnia Lakes Homeowners Association, Inc., which is responsible for maintaining and controlling the Saturnia Lakes subdivision, has tendered to the Sheriff of Collier County a letter dated February 14, 2006, attached hereto as Exhibit "A," requesting that the Collier County Sheriff's Office patrol the private roads within the Saturnia Lakes subdivision and exercise jurisdiction over those private roads by enforcement of State and County traffic laws; and WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved by the governing body of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Saturnia Lakes subdivision and have affirmed that traffic enforcement by the Collier County Sheriff's Office is 16Jl appropriate, and has agreed to provide traffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the Saturnia Lakes Homeowners Association, Inc., has provided the Sheriff of Collier County with notice that the signage for the Saturnia Lakes subdivision appears to be in completed and in substantial accordance with the approved subdivision constructions (see Exhibit "B"); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitals and Exhibits referenced herein above are restated and made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Saturnia Lakes subdivision as described in Exhibit "C" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier County Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of our next County fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final approval by the Board of County Commissioners and thereafter until this Agreement is terminated, shall include as part of its duties, patrol and enforcement of all County and State traffic control regulations and laws on or over private roads within the Saturnia Lakes subdivision, including 2 16Jl such additional roads, if any, that may hereafter come into existence within the Saturnia Lakes subdivision. 5. The parties recognize that all private roads within the Saturnia Lakes subdivision (as such roads are described herein) are not public roads, not County-owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Saturnia Lakes subdivision is the responsibility of the Saturnia Lakes Homeowners Association, Inc., and/or other private property interests within said subdivision. 6. For purposes of identification and geographic specificity, the Saturnia Lakes subdivision is composed of the platted area described in Exhibit "B" attached hereto. 7. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Saturnia Lakes Homeowners Association, Inc., for the purpose of allocating costs pursuant to Subsection 316.006(3)(b)(l), Florida Statutes, as condition to enforcement. 8. This Agreement may be changed, amended or modified only by means of a written document executed with the same formality as this Agreement. This Agreement may be terminated unilaterally by the Board of County Commissioners by adoption of a Resolution of the Board of County Commissioners specifying that this Agreement is thereby terminated, or this Agreement may be terminated in writing by the Saturnia Lakes Homeowners Association, Inc. 9. The Saturnia Lakes Homeowners Association, Inc., shall hold harmless and defend Collier County and the Collier County Sheriff, and their agents and employees from all suits and actions, including attorneys' 3 16JI fees and all costs of litigation and judgments of any name and description arising out of or incidental to performance under the terms of this Agreement. IN WITNESS WHEREOF, the Association, the Sheriff, and the County have executed this agreement. C)-ltz. '~17 ~A BRc W I\l Print Name of First Witness 111 ~..,lc:::k W~I Print Name of Second Witness WITNESSES: lJuz~/~~'.lic- Signat(Jre of First w~ess Hliltr {!Ot/I2T/2/GI-II . t Name of First Witnes SATURNIA LAKES HOMEOWNERS ASSOCIATION, INC. ? /! ~/ // '/,./ ,/- /../'~""/." ../ B: C ris Halaschak, President Date: Date :j{p MA12- r;5 t;/ 4 ATTEST;.",,,,,,,,,, DWIGHT' El".IimOCK, Clerk ,c.'.'",.....'. ...... ~.' ". .:- .,'.. ., 1,-.' . " . 'I .. \, . } . ~ , , I , " '+). -~.o" Deput:y:'Ct-erK" Att'Mi'sA,\',W,Cha 1 run , s1gnatuN'onl- Approved as to form and legal sufficiency: ~~ PJv-- Thomas C. Palmer Assistant County Attorney 16Jl BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.c(sy: :-::-"-d::~- FRANK HALAS, Chair a -- - Item# JUJ l ~~:da 4 ~ll-Op ~a~d ~ -l~ ~ 5 prem'")) ~: ,.16 ~ 1 , , , ~V"",.,_~ /0- ~6 -'_.~_.,._...- SATURNIA LAKES HOMEOWNERS ASSOCIATION, INC. 1310 SATURNIA GRANDE DRIVE NAPLES, FLORIDA 34119 239-591-1893 Fax 239-591-8260 February 14, 2006 Collier County Sheriff s Office 3301 East Tamiami Trail Collier County Government Center, Building J Naples, FL 34112 SUBJECT: Saturnia Lakes Homeowners Association, Inc. 1310 Saturnia Grande Drive Naples, FL 34119 The Saturnia Lakes Homeowners Association, Inc. hereby requests the Collier County Sheriff s Office to enforce all County and State traffic control regulations within the boundaries of the Satumia Lakes subdivision. The Board of Directors of the Association approved the request for this action to be taken without a meeting pursuant to Florida Statutes 617.0821 and Section 4.14 of the Bylaws of Saturnia Lakes Homeowners Association, Inc. on December 9,2005. Sincerely, SA TURNIA LAKES HOMEOWNERS ASSOCIATION, INC. B.;::?h~:~ Chris Halaschak, President -- '- ' -", . .../' ~""""-" EXHIBIT "A" Professionally Managed by MMI of the Gulf Coast, Inc. Email: smanager@swfla.rr.com.sdirector@swtla.rr.com.sadmin@swfla.rr.com D\XTA1NC. \ {\ ,,'- i 11-"'(; ..a.. '"' , .L ..&. . Planning . Visualization .Civil Engineering . Surveying & Mapping May 5, 2005 Collier County Sheriffs Office 3301 Tarniarni Trail East, Bldg, .I Naples, FL 34112 Subject: Saturnia Lakes Signa~e 16Jl R W A, Inc. perfonned a site v isi t on :\'iaICll 17, 2005 aud the site :oigllag\: ~pp;:a.l '-'1 tL) be completed in suhstantial'~r.c.()ni:mr~ '.".:ith the npproved subdivisIon cOl'stnw.tion plans Satumia Lakes Phase i,p,epal\:"': ;_'Y '.Vi1:,;u.il I"!iller #03 i 66-002-iY.)(:-FLFCP' Satumia Lakes Phase II, prf:p(l!"en by '.),hl';;ClT, :\h!!f.Y' #OJ166-002001,FLFCP. ;'l~,j SmijiT,i,1 Lakes Phase III, prcpan:u hy f{\V:\, !,,;.:, '-fe'l-i}2t.l6.03. jf you have any ,p.h.:siion;." ;:!c~::",i..: ;:,:,~i i'~cc; i.o conLict i::C :.,r .':'-}'/-ii": Sincerely, l:t!;;p,') .- 7."""'" -". . ." ../~-1...-:..:t, .' M, Carolina Mali>'.;-iJ':tntu, 1'.2. Project E~gi(;tel / EXHIBIT "B" N:\200 1 10 1-0266,03 Satumia Lakes - Phase [lJ Subdivision.o004 General COllsultationI05-03-05 letter to CC She! iffs,Joc 03050 North Horseshoe Drive, Suite 270, Naples, Florida 34104. (239) 649-1509, fax: (239) 649-7056 o 1542 Carson Street, Fort Myers, Florida 33901. (239) 278-5224, fax: (239) 278-5419 www.consult-rwa.com ~ o 'r-! CIl 'r-! ;> 'r-! "0 ,.Cl ;::I en _ CIl U~ = t1:I HH H t1:I >!1 'r-! 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'I.~: ;,H .~' ~,; w ~ 0; o ;;: >= ~ o U1 ~ :: ~ > ~ ~i !!~I ~; \, . ~ JW ~ ~ ~ ,. , ' t ~.., c.~' ': ': ~! (\lj'~ '-'0", -:.:; lbJZ MEMORANDUM Date: April 13, 2006 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: JAG Grant Program Enclosed please find the original document for the item referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on Tuesday, April 11, 2006.. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosures(1 ) CERTIFICATE OF PARTICIPATION 16J2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: April 11, 2006 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts --L Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: Jovce Houran Grants Coordinator E-mail address:qrantsCclcolliersheriff.net Agency: Collier County Sheriff's Office Address: ~~()l '1'rlm;rlm; '1'rrl;l F.=l.c!t. Rldg. .1-1. Nrlplp.c!. FL 3411? Telephone: 239-793-9346 Date: April II, 2006 County: Collier Sincerely, " - ~.- ...------,-- ~'_.-.;: .--.. Chair, Bo~rd of County Commissioners '.~.PF'f'?\''f$;d;\;\jl \.Ii '.\':.. ~~.J;/':. .- _._~-,>~~ i.4tt.\!l~~ ~4.t t\\,;"~5' : ' . '. ~fJeriff t6J2 SHERIFF DON HUNTER. COLLIER COUNTY 3301 Tamlaml Trail East, Bldg - J, Naples, FL 34112 (941) 774-4434 www.colllersherift.org INTEROFFICE MEMORANDUM To: Sue Filson Executive Office Manager Date: June 1,2006 From: Joyce Houran Grant Coordinator Re: JAG Grant Application Sue, attached please find one JAG Grant application that needs Chairman Halas's original signature in blue ink. These items were approved on the BCC April 11, 2006 Consent Agenda - Item 16(1)2. A copy of the agenda item is attached. Please contact me at 793-9346 when these documents are ready to be picked up. Thank you, Enclosures Jhlsfimapps07 "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons." ~,,~-~;;~. " t \l '; . ."l: ~.i~ . . 16J2 .~ ~. ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: 010 - s /-1[:-- 00037 '''/-"; CE C;:" n 'pC t.e); I[\T',/ 2:1-'0 IQ~\-J[' . , J'i r 1/ 'r DO NOT WRITE ABOVE THIS SPACE '>,' r: ;: '',> ,.., Jq" 'J 0 9 I.. -.i I,,', I ..j J hr. I ; REQUEST FOR LEGAL SERVICES (Please type or print) To: Office of the County Attorney, Attention: Thomas ~ ief .-fJ~ 31/jIIV PaIr:, Esq. Date: May 31, 2006 From: Carol Golightly (Name) ~ Finance Director (Title) Sheriff's Office (Division) Finance Division (Department) Re: Justice Assistance Grant (JAG) grant application (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). On April 11, 2006 the BCC approved Agenda Item 16J(2), and agreed to be the coordinating unit of government for the Fiscal year 2006/2007 Justice Assistance Grant (JAG) Program grant, and to execute the Certification of Participation. The BCC also agreed to approve the Sheriff's Office fiscal year 2006/2007 application when completed. The Sheriff's Office fiscal year 2006/2007 application is attached for your review. The application seek's continued funding for the Child Abuse/Sexual Offender/Sexual Predator Project. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes (4/11/06 agenda item 16J(2) 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 documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/a:LEapp07 - ITEM NO: DATE RECEIVED: 16J2'- ~ FILE NO. ..A~rICt t.!F- [HE \,XXJNTY ,AJTORNE'Y 06 -S#r-COa5)1 -------------~-------------------------------------------~~M~R~--MtKf.~~--- ROUTED TO: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: March 30, 2006 To: Office of Attorney Attention: Thomas Palmer, Esq. From: , Finance Director (Title) Finance Division (Department) (Oi vision) Re: Justice Assistance Grant (JAG) Program (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). Fiscal year 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program (formerly Anti-Drug Abuse Grants Program) funding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for fiscal year 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program funds and execute the Certification of Participation. 2. Approve the Sheriff as the chief official applicant; the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person. 3. Approve Sheriff's Office fiscal year 2006-2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program applications when completed. 4. Approve acceptance of awards and associated budget documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously sUbmitted, provide County Attorney'. Office file number.) cC 1tf ~b ~,I ~I ACTION REQUESTED: (Be very specific. Identify e~actly what you need in the way of leqal services.) Legal approval of request. OTHER COMMENTS: C: Don Hunter, Sheriff ~l requests must be copied to your appropriate Division Head or Constitutional Officer.) jh/a:leg/le cert of part 07 16J2 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the fiscal year 2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the official applicant, Sheriffs Office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. CONSIDERA TJONS: 1. The Collier County Commission has participated in valuable Edward Byrne Memorial projects for 17 years. The Collier County fiscal year 2007 JAG Program allocation is $108,516. 2. The Sheriff's Office will seek continuing grants funds for third year payroll costs and miscellaneous expenses totaling $108,516 for the Child Abuse/Sexual Predator Program. 3. Continued grant funds will be sought for fiscal year 2008. Should fiscal year 2008 grant funds not be available, the projected cost for the position coming off of the grant is $90,000. 4. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriff as the official applicant, the CCSO Finance Director as the grants' chief financial manager, the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriffs Office's fiscal year 2007 grant application when completed, and to authorize acceptance of the awards and associated budget amendments. FISCAL IMPACT: None. No required match. GROWTH MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of govemment for the 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program local application, approve the Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to execute the Certification of Participation for eighteenth year funding, approve the Sheriff's Office fiscal year 2006/2007 grant application when completed, and authorize acceptance of the award and approve associated budget amendments. PREPARED BY: Joy APPROVED BY: Carol Golightly, Finance Director APPROVED BY: Don Hunter, Sheriff DATE: March 30. 2006 CERTIFICATE OF PARTICIPATION 16J2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: April II, 2006 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts L Declines - the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: Jovce Houran Grants Coordinator E-mail address:qrants@colliersheriff.net Agency: Collier County Sheriff's Office Address: ~~m 'l';::!m;;::!m; 'l'rnil FJ'l!'!f" , R1c%1- ,1-1. N;::!p1P!'!, Fl_ 1411/ Telephone: 239-793-9346 Date: April 11, 2006 County: Collier Sincerely, Chair, Board of County Commissioners Appoqdu to form & legal. :mffi~:::v ~ --~'"..~."- " ".a-.l"-~,J'f~-"'fr....!l.4~",... I ~f,~...~ ;lti."!:.1.l.i.~-.1..';~.J AI J,MI' ...., I..... ... 11': CeRTIFICATE OF PARTICIPATlvN 16J' Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: April 11, 2006 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts -1L Declines - the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: Joyce Houran Grants Coordinator E-mail address:qrants(clcolliersheriff.net Agency: Collier County Sheriff's Office . Address: ':l~0l 'T'i'lmi r:lmi 'T'rr:l i 1 F..:lFlr. R 1 Qq _ .1-1. Nr:lp 1 PFl. F1 _ ~411? Telephone: 239-793-9346 Date: April II, 2006 County: Collier Sincerely, ~;:~.~ /Chair,.Btiam 'oof County Commissioners ,.~",6):'~''',~:~i,~:< ;~:,,_ ' AlI.';:.' ~'-,;(~,:~,r/,;~c \ 'C . . --2..~: I '''..~~...:f'' ::'~ l~ .lppotMu to tOft'D & legal :mff1(lk..,Q~:1 , - :u~,~~~~~~~.__ " .4....IIU~nty At.i~~r Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 1" Subgrant Recipient Organization Name: Collier County Board of Commissioners County: Collier FEID OR SAMAS: 59-6000558 Chief Official Name: Frank Halas Title: Chairman, Board of County Commissioners Address: 3301 Tamiami Trail East City: Naples State: FL Zip: 34112 Phone: 239-774-8393 Ext: Fax: Suncom: Email: grants@colliersheriff.net City: State: Phone: Fax: Suncom: Email: Chief Financial Officer Name: Crystal Kinzel Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trial East Court Plaza 111/2 Naples FL 239-774-8075 239-774-6179 Zip: Ext: 34112 Crystal.Ki nzel@clerk.col/ier.f1,us Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2~' ;~ Implementing Agency Organization Name: Collier County Sheritrs Office County: Collier FEID OR SAMAS: 59-6000558 Chief Official Name: Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J City: Naples State: FL Zip: 34112 Phone: 239-793-9346 Ext: Fax: 239-793-9405 Suncom: Email: grants@colliersheriff.net City: State: Phone: Fax: Suncom: Email: Project Director Name: Joyce Houran Title: Grant Coordinator Address: 3301 Tamiami Trail East Building J-1, Finance Division Naples FL 239-793-9346 239-793-9705 Zip: Ext: 34112 grants@colliersheriff.net Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2-~ General Project Information Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.l1 Project Sequence No: 1 Subgrant Recipient: Collier County Board of Commissioners Implementing Agency: Collier County Sheriffs Office Project Start Date: 10/1/2006 End Date: 9/30/2007 Problem Identification The specific problem to which this project is responding is the safety of all Collier County residents, primarily children under eighteen (18) years of age, from sexual predators and sexual offenders. Urban Collier County is the second fastest growing area in the nation, and the largest county (2,305 square miles) in the state of Florida. Collier County is home to approximately 306,186 year round residents, and a travel destination for more than 1.3 million tourists every year. This rapid growth brings persons from every walk-of-life; including undesirable criminal offenders. This has also increased the numbers of sexual predators and sexual offenders moving into the county from other jurisdictions and increased the accompanying crimes against children. Between 1996 and 1997, National and State legislation was passed and amended to protect Crimes Against Children, therefore establishing criteria for registration and mandatory community notification for Sexual Predators. Florida enacted the Kayla McKean Act as a result of a perceived failure on the part of both child protection investigators specifically and law enforcement in general. The legislation requires that both law enforcement and Children and Family Services investigate all allegations of child abuse; resulting in increased awareness and case loads. Under Florida Statute, while all sexual predators constitute "sexual offenders", not all sexual offenders constitute "sexual predators". The Legislature finds that sexual predators and sex offenders who have committed their offenses against minors often pose a higher risk of engaging in sex offenses, even after being released from incarceration or commitment. For victims, of all ages, sex offenders and sexual predators look for opportunities that would take advantage of their victim's vulnerable state. While adults may have the ability to prevent being placed in these types of situations, our children, by nature, are extremely susceptible and need additional protection to keep them from harm's way. The Jessica Lunsford Act, with its significant legislative changes began implementation in 2006. The manner by which offenders and predators register and re-register, as well as changes in supervised monitoring have offered both opportunities to further protect our children; and challenges for staffing and time needed for tracking each offender and predator. The FDLE acknowledges that all ages are exposed to victimization by sex offenders and sexual predators, and, because sex offenders/predators have specific behaviors they generally display, FDLE has implemented guidelines to address ways to help prevent future victimization. Thus, the Legislature enacted Community Notification and Registration requirements. With regards to sexual predators, local law enforcement must inform the community of the predator's presence within 48 hours of being notified by FDLE. While law enforcement is not mandated to notify the community on sex offenders, police chiefs and sheriffs may release information on sex offenders, and notify the public of that information at their discretion. With regards to registration, all sexual predators and sex offenders not under the supervision of the Department of Corrections (DOC) must register in person with FDLE or the sheriff in the county where he/she resides. After initial registration is complete, the offender must report in person to a local office Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #2 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 ;1 ',; of the Florida Department of Highway Safety and Motor Vehicles (DHSMV), within 48 hours of any change of address, and to obtain a Florida driver's license or identification card. Current law requires county and local law enforcement, in conjunction with FDLE, to verify the address of sexual offenders and predators not under the supervision of the DOC for qualifying sex offenses. The law requires that at a minimum, law enforcement must verify sexual predator addresses quarterly and sexual offender addresses annually. However, the Department of Public Safety and Correctional Services acknowledges that the address information provided by the registrants may well be inaccurate or outdated. These errors could jeopardize the safety of innocent children who currently reside in these communities, as well as lending a false sense of security to the public. These errors also mean that sexual offenders have moved without notifying law enforcement of their whereabouts, further jeopardizing the safety of the community, specifically other innocent children. With FDLE maintaining the state database for registered sex offender/predators, and verifying addresses via mail-drops, the Collier County Sheritrs Office (CCSO) is tasked with conducting physical checks of an offender's residential status. Although in May 2006 there are currently 230 registered sex offenders and 14 sexual predators registered in Collier County, the CCSO has routinely encountered other citizens (out of area sex offenders) within the County who have either failed to register, or have not been specifically designated by the court as a sex offender. Current strategies for tracking and monitoring sex offenders and predators are based on those that are "documented" from prior arrests. However, as with many offenses there are offenders who have yet to have been arrested and identified residing in our county. Statistics have shown that many sex offenders commit 100-150 sex related offenses before being apprehended. The CCSO desires to maintain a progressive and proactive response. The CCSO's specialized Detective Bureau designated to be responsible for all reported crimes against children, missing children, sexual battery (adults and children) and the Sexual Offender/Predator Grant funded position is the "Special Crimes Bureau". The overall goal of the new Special Crimes Bureau (SCB) is to develop uniform and consistent responses to crimes against children and sex crimes; as well as to proactively seek methods for preventing victimization. Feeling a sense of responsibility to the community and protecting our neighborhoods, the Special Crimes Bureau (SCB) has enhanced its efforts of conducting periodic checks, monitoring and surveillance of sexual offenders/predators before they attack again, helping to prevent further offenses against our children. Tthis bureau will soon begin to provide a centralized focus on crimes committed against children under the age of 18. This increased due diligence in enforcing Florida's laws will likely increase the number of arrests and therefore the number of individuals involved in sex offender tracking. These perpetrators by virtue of later convictions will be registering as sexual predators and sex offenders. In May 2006, Collier County had 24 more Sex Offenders and 8 more Sexual Predators as compared to one year ago (206/6 in 2005 versus 230/14 in 2006). Between January 1 and December 31, 2005, CCSO reported 845 specific crimes victimizing Collier County children under the age of 18. Overall the Special Crimes Bureau has seen the following rates: 2003 overall cases: 989-# of cases per Investigator: 147; 2004 overall cases: 1035-# of cases per Investigator: 112; 2005 overall cases: 1347-# of cases per Investigator: 156. Crimes where children are the deliberate primary victims constitute a great proportion of investigative cases and involve every form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper child caring. In addition, children that run away from home or are abandoned from their home as ungovernable or unwanted can easily fall prey to sex offenders and predators. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #2 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 # Project Summary The CCSO proposes to enhance its efforts by continuing with the Child Abuse/Sexual Offender/Sexual Predator project to protect the lives of children under the age of 18 in Collier County and improve interactions and multi-disciplinary approaches with other aspects of the criminal justice system. The CCSO proposes to allow for the Justice Assistance Grant (JAG) funded sexual predator investigator to be better trained, better equipped and more focused on developing unique and creative approaches to tracking and monitoring sex offenders. With the use of new practices, better statistical classifications can be developed which provide a clearer picture of the problems, solutions and outcomes developed through this project. The Investigator assigned to the Justice Assistance Grant (JAG) Child Abuse/Sexual Offender/Sexual Predator project will continue to implement, maintain and coordinate the enforcement of child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect. The primary objective of this project is to safeguard the community of Collier County, with a primary focus on protecting children from sexual predators and offenders while reducing Crimes Against Children. We have determined that approximately 2,000 investigative and analytical hours can be dedicated to the Child Abuse/Sexual Offender/Sexual Predator Project between October 1, 2006 and September 30,2007 with available Justice Assistance Grant (JAG) for one Investigator. Each case will take a radically different amount of time and grant funds will be utilized and expended to the maximum degree toward the development of strategies and improved methods of targeting sexual offender and sexual predator crimes committed against children. The CCSO Justice Assistance Grant (JAG) funded Investigator and other SCB investigators will participate with the State Prosecutor in criminal prosecutions of these cases. With Collier County's rapid growth come more offenders and predators. The current Justice Assistance Grant (JAG) funded Sexual Offender Investigator is conducting nearly 200 address verifications each quarter with an estimated 100 attempted contacts during the same period. A typical three month (quarter's) principle activity is noted as follows: physical contacts and address verifications with OFFENDERS; attempted contacts with OFFENDERS; 9 physical contacts and address verifications with PREDATORS; 7 attempted contact with PREDATORS; 4 warrants sought and served for various violations; 8 surveillance operations. The Sexual Offender Investigator performs and investigates address verifications as required by law, as well as surveillance of offenders likely to commit specific acts that might constitute a violation of their community control/probation. Continued funding would allow for this Investigator to survey areas where undocumented sex offenders prey upon children whose likely convictions would qualify the offender to register as a sexual offenders/predator upon conviction. The Investigator also serves as a liaison with the Department of Corrections (DOC) and other law enforcement agencies (local, state and federal) to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Investigator also prepares material for the training of CCSO Deputies resulting in expanding the potential for apprehension and prosecution of offenders committing crimes against children in Collier County. A large component of the Sexual Offender/Predator project is public awareness. The CCSO currently posts monthly offender notices/updates in each substation. With grant continuation, there will be enhanced public awareness through public service announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood Watch groups, and public presentations. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #2 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide A major objective of this project is the creation of a database, available through our mobile data units to the street deputy, to provide accurate and current information on offenders and predators; from checks of residences, names of employers, vehicles operated, curfews, and more. Access to this data will provide timely relevant information when required. Project seed money will help initiate these ideas. The Sex Offender Investigator's responsibilities have increased dramatically since the inception of this program. Our agency's efforts have been doubled to ensure adequate protection of our children. The CCSO checks offenders and predators 4 times more often than required by Florida law; Sex Offenders quarterly rather than annually and Sexual Predators are checked monthly rather than quarterly. Sexual Predator/Offender Unit Goals; prepare and coordinate monthly public notifications of known sexual predators/offenders to increase public awareness; maintain and execute physical address verifications of registered sexual predators/offenders; maintain comprehensive and accurate files with relative documentation to affect successful prosecution for "Failure to Comply with Registration requirements; coordinate monitoring of offenders with the Department of Corrections to identify adherence to State Probation sanctions in addition to Florida Sex Offender obligations; perform proactive surveillance operations on alleged activity (Le. Stranger-Danger, Lewd & Lascivious Exhibition complaints) to identify, arrest, and prosecute violators; develop a database with offender/suspect information to be accessible to patrol and investigative bureaus on a real- time basis. Long-term Sexual Predator/Offender Unit goals over the upcoming year include: streamline CCSO record keeping and documentation for improved tracking and processing of registered sexual predators/offenders by implementing the use of a pen based laptop; develop and implement enhanced public awareness programs teaching children to be safer; enhance and expand a database to provide accurate and current offender information from physical contacts, to include biological information, places of residency or employment, vehicles, curfews, etc.; add additional Sexual Predator/Offender Unit Investigators for the purposes of enhanced monitoring of problematic offenders for increased enforcement of probation, and to attempt to locate offenders who have absconded from DOC supervision and State of Florida registration obligations. These additional Investigative positions will greatly add to the workload; work with Department of Corrections and the Circuit Court to continue improving the rate at which the Court concurs with recommendations for the disposition, detention, release, sanctions or termination for monitored Offenders; work with State Probation/Department of Corrections to create uniform supervision requirements for sex offenders (restrictions and prohibitions while on supervision); work with the Department of Corrections and local judiciary in reducing the number of "withheld adjudications" on sex offense cases, and increase durations of probation; implement a web site which allows citizens to plot offenders on maps locations and receive e-mails when an offender moves into their neighborhood. The provider of services is the CCSO Special Crimes Bureau and the Sexual Predator/Offender Unit Investigators. There is not a service provider for this program outside of the CCSO. The Sexual Predator/Offender Unit Investigator will monitor offenders who are currently on probation, parole, and/or community control, as well as released from the care and custody of the Department of Corrections. These offenders can be identified as being at risk to the public, based upon the crimes in which the offender committed, coupled with the long-term effects suffered by the victims of sexual offenses. 16J2 Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #2 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: 027 - Child Abuse Activity: Target Group: Geographic Location Type: Activity Description Law Enforcement Children County-Wide County-Wide Objectives and Measures Objective 027.01 - Investigate a specified number of child abuse cases. Measure: Part 1 How many child abuse investigations will be initiated? Goal: 200 Objective 027.02 - Arrest a specified number of child abuse offenders. Measure: Part 1 How many child abuse offenders will be arrested? Goal: 45 Objective 027.10 - Provide education and training on child abuse issues to a specified number of criminal justice personnel. Measure: Part 1 How many criminal justice personnel will COMPLETE education and training on domestic violence issues? Goal: 200 Objective 027.11 - Provide information on child abuse to the general public. Measure: Part 1 Wi/I information on child abuse issues be provided to the general public? Goal: Yes Objective 027.17 - To conduct a specified number of sexual offender residence verifications. Measure: Part 1 Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- -- Section #3 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 ...:~ How many sexual offender residence verifications will be conducted? Goal: 200 Objective 027.18 - To conduct a specified number of sexual predator residence verifications. Measure: Part 1 How many sexual predator residence verifications will be conducted? Goal: 100 Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #3 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Question: If "other" was selected for location type, please describe. Answer: Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #3 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide .16J2 "". General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000558 Budget: Budget Category Federal Match Total Salaries and Benefits $108,516.00 $0.00 $108,516.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 .. Totals .. $108,516.00 $0.00 $108,516.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated Income (PGI) No Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Budget Narrative: Child Abuse/Sexual Offender/Sexual Predator Project" (2007) Total budget is from Federal funds as follows: Budget Categories: Salaries and Benefits Regular Salaries (1 position) = $78,562 Overtime = $1,000 Incentive = $820 FICA @ 7.65% = $6,149 Retirement @ 18.53% = $14,895 Health/Dental Insurance = $1,986 Life/Dism. @ .27% = $217 W/C @ 6.08% = $4,887 Total Salaries and Benefits = $108,516 Contractual Services = $0 Expenses = $0 Operating Capital Outlay = $0 Indirect Costs = $0 TOTAL = $108,516 SALARIES AND BENEFITS = $108,516 Funds are needed to support payment of the salary (including overtime for the one grant funded position and for other certified Deputies to assist when needed) and benefits for one Child Abuse/Sexual Offender/Sexual Predator Project II Certified Deputy who will be dedicated to project activities. Overtime benefits include FICA, retirement and W/C. The grant funded Deputy will be solely dedicated to the investigation, apprehension, and prosecution of sexual offender and sexual predator criminals who are committing crimes against children under the age of 18. This Deputy is needed to do periodic checks, to monitor and perform surveillance of sexual offenders/predators. The grant funded position supported with subgrant funds will continue to be in excess of the appropriated positions in the implementing agency. The projected base salary for the grant funded Deputy is $78,562. Benefits are listed above. A job description is attached. The Deputy will be responsible for performing and investigating both verifications as required by law as well as surveillance for offenders committing acts that qualify the individual to be registered. The Deputy would also serve as a liaison with other law enforcement agencies to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Deputy would train other agency Deputies on offender laws and requirements resulting in expanding the potential for apprehension and prosecution of additional offenders committing crimes against the children of Collier County. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Budget Narrative (Continued): CONTRACTUAL SERVICES = $0 EXPENSES = $0 OPERATING CAPITAL OUTLAY = $0 DATA PROCESSING = $0 INDIRECT COSTS = $0 TOTAL = $108,516 - These project costs are not allocated or included as a cost to any other federally financed program. - These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. - These project costs are authorized by Federal or Florida Statues or local laws and regulations that are in effect at the time the subgrant is awarded. - These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. - These project costs are net of all applicable credits. - Federal funds will not be used to supplant State or local funds. - All project costs will be expended or obligated during the approved subgrant periOd - No local cash match. Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #4 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2.... ~ Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: 1000 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide '~6J2 ;Ii /f '.'f-';,> Insert Standard Conditions Page here. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #5 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 y ". '" ~ v, r~ ;/ ~ 'r , ~ "',,, ' , Section 6: Signature~ :" " '::" ,':~ :~I ,,' h;~, '"" ',^; "" '" :,;,:'::," >'h ;,: In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers, whlteout, etc. are not Signature: Typed Name and Date Typed Name of Subgrant //' __-:/7 Co 11 ; pr-~ollnry (:omm; I'l.c::; on Signature: c;.2:;;':'!::_:P"/....,:;,~' :~., ..--"" c......,-- . Typed Name and Frank Halas, Chairman Date - . ~ Typed Name 0 --~. ,r- ___ Signa~_ Typed f;Jame and - Date Collier County Sheriff's Office l- -- 'I Sheriff &1"1'..1 1niIIIft'.. ___ BY: '..t..~. ,ell.... to.l0]Z8. ,I"". 'tU f"l:rr'it,'i~,..,..,. ~ .W), .... ~~_n. ,~.._. '~~,~.'~bIt~ Alt\~ Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not Signature: Typed Name and Date Typed Name of Subgrant C'q:n i ~r r.{Jllflty r.nmmi I'll'l i nn , . Signature: ../ . t- ";;',.<'-'-" -~ I~ Typed Name and Frank Halas, Chairman Date Type~Name'~ Imp~~~!~~ \ l) ,: 701lier County Sheriff's Office , -- (\1) J\ I... \ "I ' Sigrli1t~e:_rv . '-----." v..~-U ----....." --.,! '. Typed Name and Don Hunter, Sheriff -/ I Date ~ /SOI t) c.. , I A"ll'_' ' . D\VIIIft'I. ..... ~.. BY: Atust It, , 11Qft.llturt onl. Application Ref # Contract . ~r(' Jl,Wt*)lt:~.iM$b) t()t~Jtl~" :;~~~{ --"'~,..~~ :.'~ 1.,: .~. ", .~, 2007 -JAGC-312 -JAGC-COLL- - - Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Insert Certifications and Authorizations here. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #7 Page 1 of 1 16J2 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . (Select one of the following): ~Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): -X-Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approva/letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgran!,~atio~ for federal aSsistance is approved or face loss of federal funds. '. - '~~:~<~/'-" ",:/ /:~',- /-:'~,- SignattJre of Subgrantee Authorized Official Title: Chairman Item # l1J2 'J 0- Agenda t.{--l \-b' - Date \..P Type Name: Frank Halas Subgrant Recipient: {'nll ;""r {'nlmty ("nmm;~!'l;nn Date: r/.'- - /' " r: " f').( . AUIliOT DWllII! 1.1IIGa_ R~~; .~.C~ ~.C .'gnat.... OIl)- ;;-"':;~~ . p~ " ~,;"."".,. , . ~-.....~........-"... .,. .I'~ . PDLE JAG Grant Application PaCkage EEO Certification Page 1 of 2 (April 2005) 12/.2/2.~4 23977487213 ADM I NSERVICES U.S. Department of Justice PAGE 131/01 Office of Justice Programs AUG 0 5 200" 16J'. Office fooT Civil Rights ~'hin'rro1t., D. C. 2o.s." 1 July 30, 2004 RECEIVED ~a~ 0 3 2604 H01l,i~ ~$o.URCES James 1. :Koontz, Manager LaborlEmployce Relations Colli~ County Government 3301 Tamiami Trail East Napl~sl' rieri4e. 341.'1~ Re: BEOP for Collier CounLy De.r M,r, Koontz: The Office for Civil Rights :ba.s reviewed and approved the Equal Employment Opportunit;y Plan CEEOP) which you submit'..ed in accordance with the p:ovisions of your rc:cent grant award. The plat1that you submitted conforms to the Se.:vell.-Stq; Guide (0 the Design and Development of an Equal Em~Zoym.ent Opportunity Plan, which is a guide to providing tbe essential information that the Department of justf~et requires for our initial serc:er.ina of your BEOP. Th,e Depa.rtrncnt of Justice regulations for developing. comprehensive EEOP %nay be found at 28 CPR 9 42.301 et .feq. YOJJ approved plan is effeotive for two years from the date of this letter. If you ha'Ve any qUosti005 teaarding this matter, please contact the Office for Civil RiilJts at (202) 301-0690. ' Sincerely, 11~t~ Michael L. Alston. Direc10r Office for Civil Rights eo: Tim Eddy, .FL MLA:deb ". . f,'" 16J2 .... CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . (Select one of the following): ~Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): ~Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant appliGation for federal assistance is approved or face loss of federal funds. .~ ' ) .' ... ", ..:..-,. _..."-....-- /' ,/, . ,i (~ -' "",...... , ...., Signature of Subgrantee Authorized Official Type Name: Frank Halas Title: Chairman Subgrant Recipient: r.() 11 ; I'>r C'r'l11nty C'nmmi ~~ ; nl'} Date: ~ . AfltD81' DWI8II! I. ~ ..., ,---:j7J1M JM~ "v.t.Lt,,'lt, . BY: l\.j..l q ~ ' l ~ 4, .0.<.. Attest .s, ,"', 1M t " .,C)Aat.... Oftl- FDLE JAG Grant Application Package EEO Certification Page 1 of 2 (April 2005) 12/"2/2e~4 2397748720 ADMINSERVICES U.S. Department of Justice PAGE 01/01 Office of Justice Programs AUG 0 5 2001t Office f'Or Ci"il Rights 16J2 RWhfntroll. D. C. 2o.s.'f 1 July 30, 2004 RECEIVED James 1. Kocn~ Manager LaborlEmployce Relations Collj~ County Government 3301 Tamiami Trail East N3p~es,' P.1enEl~ 34H2 ~UG 0 3 2004 !-iK.m.'ll.'~;N ~So.URCES Re: EBOP for Collier Coumy DCM M,r, Koontz: The Office for Civil Rights:bas reviewed and approved the Equal Employment Opportuni1Ji PlAn (EEOP) which you submitted in accordance with the p:-ovisions of your recent grant award. The pl2.t1'that yom s1.ibm:itted conforms to the Se:.'en.-Step Guide to the Design and Development of tm EguaJ EmjJloyment Opportu.,..i.ty Plan, which is a guide to providfng tl1c: essential information that the DepartmeIit- of Justl~e requires for our initial screer.ing ofyourEEOP. The Department oOustice regulations for developing a comprehensive EEOP Inay be f'Ound at 28 CPR 9 42.301 et !!eq. YoaT approved plan :is effective for two yea.rs from the date of this letter. If you ha'Ve any questions regarding this matter, please contact the Office for Civil Ri.p at' (202) 307-0690, ' Sinoerely, 71~t~ Michael L. Alston. Director Office for Civil Right3 ec: Tim BddJo', FL MLA:deb ',:' . . r, ',. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. 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 (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". 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 transaction, grant, or cooperative agreement. 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 influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an 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; (e) 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 subrecipients 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: (a) 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; FDLE JAG Grant A Iication Packa e (b) Have not within a three-year period preceding this application been convicted of or had a civil jUdgement 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; (e) 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 (1) (b) of this certification; and (d) 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: (a) 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; (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's pOlicy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Lobb in Debarment, Sus ension lace Certification Page 1 of 2 (April 2005) CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHE MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward B me Memorial Justice Assistance Grant Pro ram (e) Making It a requirement that each employee to be engaged in the performance ofthe grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- . (1) Abide by the terms of the statement; and (2) 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 the conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.. Washington. D.C, 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) 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 (2) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b). (c), (d), (e), and (t). 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 here _ 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 here _ If the State has elected to complete OJP Form 406117. DRUG-FREE WORKPLACE (GRANTEES WHO ARE 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 87.615 and 67.620- A As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W" Washington, D.C, 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Commission , 3301 Tamiami Trail East , Bldq. F Naples, Florida 34112 2. Project Name: Child Abuse/Sexual Offender/Sexual Predator 3. Typed Name and Title of Authorized Representative: Frank Halas, Collier County Commission Chairman 4. Signaturef",~/,' ------- l // Ill., a__ D\\'IfHI'l'I. ...._ 0.(, 5. Date: ,./--: '; ~, , ~='.:.k QJ~.. ~t;t..~LIH~()!'~:"~J Lobb in Debannent Sus CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS TIY Florida Department of Law Enforcement Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. 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 (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". 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 transaction, grant, or cooperative agreement. 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 influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an 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; (e) 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 subrecipients 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: (a) 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; FDLE JAG Grant A (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement 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; (e) 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 (1) (b) of this certification; and (d) 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: (a) 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; (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; lace Cerlificatlon Page 1 of 2 (April 2005) CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHE MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward B rne Memorial Justice Assistance Grant Pro ram (e) 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 (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) 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 the conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATIN: Control Desk. 633 Indiana Avenue, NW,. Washington, D,C, 20531, Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) 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 (2) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), 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 here _ 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 here _ If the State has elected to complete OJP Form 406117, DRUG.FREE WORKPLACE (GRANTEES WHO ARE 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 As a condition of the grant, I certify that I will not engage in the unlawful manufacture. distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice. Office of Justice Programs, A TIN: Control Desk, 633 Indiana Avenue, N.W.. Washington, D,C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: CoIl ier County Commission I 3301 Tamiami Trail East I Bldg. F Naples, Florida 34112 2. Pr~ectName: Child Abuse/Sexual Offender/Sexual Predator 3. Typed Name and Title of Authorized Representative: Frank Halas, Collier County Cormnission Chairman -,) 4. Signature'(~4~!::: .; --. ) ~.",,\ ".. / /', I ~ ~-- Afttsf IinHrr B. BIOCIE. UBI 1lJ: J'U.q 4 X f.t' ' Attwt as, . ' I Ifclnata.. 1 FDLE JAG GraniADD71CBt70n~~A'a e ,~. ( \ 5. Date: ( ,~ /,. c) .};, }- ,..:-. ,.y-;'; ':;~':,,: ~ . ----l1,M,p ,QJ~ )i..ji~..$t-;Q t Lobb in Debarment Sus ens/on and Dru MEMORANDUM Date: June 5, 2006 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: JAG Grant Application Enclosed please find two (2) originals of the document for the item referenced above, (Agenda Item #16J2), approved by the Board of County Commissioners on Tuesday, April 11, 2006.. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosures( 1) 16J2 ~fJcrif{ 16J2 :1JO 1 Tamld!l) (28P:I/ 74.,~,t?,j , ,'L.r '~) INTEROFFICE MEMORANDUM To: Sue Filson Executive Office Manager Date: June 2, 2006 From: Joyce Houran Grant Coordinator Re: JAG Grant Application Sue, attached please find two letters that need Chairman Halas's original signature in blue ink. These letters were inadvertently omitted with other grant application documents that Mr. Halas signed on June 1, 2006. These items were approved on the BCC April 11, 2006 Consent Agenda - Item 16(J)2. A copy of the agenda item is attached. Please contact me at 793-9346 when these documents are ready to be picked up. Thank you, E"closures Jh/s{lmapps07h Th!; cIlJt'l of 1l1e C>)!iler Cou::ty '3hwiff",; ()!k;e is to p:p~;erv(: dnrJ protect th(~ : I vel:::;. prOpi:,:'/" 'y ;-1 rid C(; f I:,! U 11 Cjt~d; () U :'1 (dr" t(~C{'; of OJ 11 r~l: t c..:,c,r1 ,.; (A] I:f~~\\ ~\~e:~l~ ~~ .--~~'" L~ __.__. __,~_~' ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: 16J2 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: June 2, 2006 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Carol Golightly (Name) Ott Finance Director (Title) Sheriff's Office (Division) Finance Division (Department) Re: Justice Assistance Grant (JAG) grant application (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate) . Two letters were inadvertently omitted from the attached documents included with our May 31, 2006 Request For Legal Services 06-SHF-00037. The letters need to be signed by Chairman Halas for inclusion with other grant application documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes (4/11/06 agenda item 16J(2) 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 documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/a:LEapp07/b ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVED: . ",,;:,~::-,'iCE (iF It'it i_(;;)(.;Ti/ i\ITORNE\ 16J2 010- Sf/{-- 00037 DO NOT WRITE ABOVE THIS SPACE '),~rc ~: . V '"'. f t.. nJ I ,', i V J It'; i I : 0 9 REQUEST FOR LEGAL SERVICES (Please type or print) To: Office of the County Attorney, Attention: Thomas cJr 1tf ,-1)6 31/J'lIv palr:, Esq. Date: May 31, 2006 From: Carol Golightly (Name) ~ Finance Director (Title) Sheriff's Office (Division) Finance Division (Department) Re: Justice Assistance Grant (JAG) grant application (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate) . On April 11, 2006 the BCC approved Agenda Item 16J(2), and agreed to be the coordinating unit of government for the Fiscal year 2006/2007 Justice Assistance Grant (JAG) Program grant, and to execute the Certification of Participation. The BCC also agreed to approve the Sheriff's Office fiscal year 2006/2007 application when completed. The Sheriff's Office fiscal year 2006/2007 application is attached for your review. The application seek's continued funding for the Child Abuse/Sexual Offender/Sexual Predator Project. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes (4/11/06 agenda item 16J(2) 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 documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/a:LEapp07 16J2 ITEM NO: DATE RECEIVED: FILE NO. ROUTED TO: tJ6 - Sllr-tJOa3t.j -------------~-------------------------------------------Dm~~~R~--Mt~4~~--- ,)\~ HU: t.JF- f HE \XXJNTY ,AJTORNE"I DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: March 30, 2006 To: Office of Attorney Attention: Thomas Palmer, Esq. From: IDivision) Finance Director (Title) Finance Division (Department) Re: Justice Assistance Grant (JAG) Program I subj ect) BACKGROUND OF REQUEST/PROBLEM: {Describe problem and give background information - be specific, concise, and articulate). Fiscal year 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program (formerly Anti-Drug Abuse Grants Program) flJnding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for fiscal year 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program funds and execute the Certification of Participation. 2. Approve the Sheriff as the chief official applicant; the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person. 3. Approve Sheriff's Office fiscal year 2006-2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program applications when completed. 4. Approve acceptance of awards and associated budget documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, prOVide County Attorney's Office file number.) cC ;(tP ~b ~,I ')1 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 All requests must be copied to your appropriate Division _Head or Constitutional Officer.) jh/a:leg/le cert of part 07 16J2 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the fiscal year 2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the official applicant, Sheriffs Office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. CONSIDERATIONS: 1. The Collier County Commission has participated in valuable Edward Byme Memorial projects for 17 years. The Collier County fiscal year 2007 JAG Program allocation is $108,516. 2. The Sheriffs Office will seek continuing grants funds for third year payroll costs and miscellaneous expenses totaling $108,516 for the Child Abuse/Sexual Predator Program. 3. Continued grant funds will be sought for fiscal year 2008. Should fiscal year 2008 grant funds not be available, the projected cost for the position coming off of the grant is $90,000. 4. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriff as the official applicant, the CCSO Finance Director as the grants' chief financial manager, the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriffs Office's fiscal year 2007 grant application when completed, and to authorize acceptance of the awards and associated budget amendments. FISCAL IMPACT: None. No required match. GROWTH MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government for the 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program local application, approve the Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to execute the Certification of Participation for eighteenth year funding, approve the Sheriffs OffICe fiscal year 2006/2007 grant application when completed, and authorize acceptance of the award and approve associated budget amendments. PREPARED BY: Joy, APPROVED BY: Carol Golightly, Finance Director APPROVED BY: Don Hunter, Sheriff DATE: March 30. 2006 CERTIFICATE OF PARTICIPATION 16J2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: April 11, 2006 Mr. Clayton H. Wilder Ad m in istrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts ~ Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Joyce Houran Title: Grants Coordinator E-mail address:Q.rantsCclcolliersheriff.net Agency: Collier County Sheriff's Office Address: ~~m '1'::Im; ::1m; 'T'rt'l i 1 Et'l1'lt:, R 1 dg _ .1-1, Nt'll:) 1 P1'l, F1 _ 1411? Telephone: 239-793-9346 Date: April 11, 2006 County: Collier Sincerely, Chair, Board of County Commissioners A~lUtotomt&leg$J tmff1~,.'}:W ---~... , ..A......L..II-~ ff~~"...~~ 4~ ~ ~_._- I ~.~~~. ~'-t!..'I.t""l..~J...I;~y A.l '\_"1- .......... ..... BY: CeRTIFICATE OF PARTICIPATlvN 16J2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Date: April 11, 2006 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee. Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts ~ Declines _ the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: Joyce Houran Grants Coordinator E-mail address:~rants(clcolliersheriff.net Agency: Collier County Sheriff's Office . Address: ~~m 'l'~mi ~mi 'l'r~ ; 1 F'''''!'iIt:. R 1 c%; _ ,1-1. T"il~p 1 t=!!'iI. F] _ ~.4112 Telephone: 239-793-9346 Date: April II, 2006 County: Collier .I.ppotI4u to ton&! ~ legal ~~..:ti~;! . ~'-"~""J;~'__ " "~Catmt}1 A."~2Y Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 f $ectioil 1: 'Administrationnw- ., -- ., "., "', ,- .,., --':', ~"'" ;f '" ;j ,;< nii' ..,,, 4<". n X . Subgrant Recipient Organization Name: Collier County Board of Commissioners County: Collier FEID OR SAMAS: 59-6000558 Chief Official Name: Frank Halas Title: Chairman, Board of County Commissioners Address: 3301 Tamiami Trail East City: Naples State: FL Zip: 34112 Phone: 239-774-8393 Ext: Fax: Suncom: Emall: grants@colliersheriff.net Chief Financial Officer Name: Crystal Kinzel Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trial East Court Plaza 111/2 Naples FL 239-774-8075 239-774-6179 City: State: Phone: Fax: Suncom: Email: Zip: Ext: 34112 Crystal.Kinzel@clerk.collier.fl.us Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 MY w,.n;. ./ v' ~ q r '" ,j ~" . 1 ~:S~~t!on'1: A~~iois!rati~l1"" , " " '" ", :, , Implementing Agency Organization Name: Collier County Sheriffs Office County: Collier FEID OR SAMAS: 59-6000558 Chief Official Name: Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J City: Naples State: FL Zip: 34112 Phone: 239-793-9346 Ext: Fax: 239-793-9405 Suncom: Email: grants@colliersheriff.net Project Director Name: Joyce Houran Title: Grant Coordinator Address: 3301 Tamiami Trail East Building J-1, Finance Division Naples FL 239-793-9346 239-793-9705 City: State: Phone: Fax: Suncom: Emall: Zip: Ext: 34112 grants@colliersheriff.net Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 . . ~~<;tion 2: Project Overview . General Project Information Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.II Project Sequence No: 1 Subgrant Recipient: Collier County Board of Commissioners Implementing Agency: Collier County Sheriff's Office Project Start Date: 10/1/2006 End Date: 9/30/2007 Problem Identification The specific problem to which this project is responding is the safety of all Collier County residents, primarily children under eighteen (18) years of age, from sexual predators and sexual offenders. Urban Collier County is the second fastest growing area in the nation, and the largest county (2,305 square miles) in the state of Florida. Collier County is home to approximately 306,186 year round residents, and a travel destination for more than 1.3 million tourists every year. This rapid growth brings persons from every walk-of-Iife; including undesirable criminal offenders. This has also increased the numbers of sexual predators and sexual offenders moving into the county from other jurisdictions and increased the accompanying crimes against children. Between 1996 and 1997, National and State legislation was passed and amended to protect Crimes Against Children, therefore establishing criteria for registration and mandatory community notification for Sexual Predators. Florida enacted the Kayla McKean Act as a result of a perceived failure on the part of both child protection investigators specifically and law enforcement in general. The legislation requires that both law enforcement and Children and Family Services investigate all allegations of child abuse; resulting in increased awareness and case loads. Under Florida Statute, while all sexual predators constitute "sexual offenders", not all sexual offenders constitute "sexual predators". The Legislature finds that sexual predators and sex offenders who have committed their offenses against minors often pose a higher risk of engaging in sex offenses, even after being released from incarceration or commitment. For victims, of all ages, sex offenders and sexual predators look for opportunities that would take advantage of their victim's vulnerable state. While adults may have the ability to prevent being placed in these types of situations, our children, by nature, are extremely susceptible and need additional protection to keep them from harm's way. The Jessica Lunsford Act, with its significant legislative changes began implementation in 2006. The manner by which offenders and predators register and re-register, as well as changes in supervised monitoring have offered both opportunities to further protect our children; and challenges for staffing and time needed for tracking each offender and predator. The FDLE acknowledges that all ages are exposed to victimization by sex offenders and sexual predators, and, because sex offenders/predators have specific behaviors they generally display, FDLE has implemented guidelines to address ways to help prevent future victimization. Thus, the Legislature enacted Community Notification and Registration requirements. With regards to sexual predators, local law enforcement must inform the community of the predator's presence within 48 hours of being notified by FDLE. While law enforcement is not mandated to notify the community on sex offenders, police chiefs and sheriffs may release information on sex offenders, and notify the public of that information at their discretion. With regards to registration, all sexual predators and sex offenders not under the supervision of the Department of Corrections (DOC) must register in person with FDLE or the sheriff in the county where he/she resides. After initial registration is complete, the offender must report in person to a local office Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #2 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 2: Project Overview of the Florida Department of Highway Safety and Motor Vehicles (DHSMV), within 48 hours of any change of address, and to obtain a Florida driver's license or identification card. Current law requires county and local law enforcement, in conjunction with FDLE, to verify the address of sexual offenders and predators not under the supervision of the DOC for qualifying sex offenses. The law requires that at a minimum, law enforcement must verify sexual predator addresses quarterly and sexual offender addresses annually. However, the Department of Public Safety and Correctional Services acknowledges that the address information provided by the registrants may well be inaccurate or outdated. These errors could jeopardize the safety of innocent children who currently reside in these communities, as well as lending a false sense of security to the public. These errors also mean that sexual offenders have moved without notifying law enforcement of their whereabouts, further jeopardizing the safety of the community, specifically other innocent children. With FDLE maintaining the state database for registered sex offender/predators, and verifying addresses via mail-drops, the Collier County Sheriff's Office (CCSO) is tasked with conducting physical checks of an offender's residential status. Although in May 2006 there are currently 230 registered sex offenders and 14 sexual predators registered in Collier County, the CCSO has routinely encountered other citizens (out of area sex offenders) within the County who have either failed to register, or have not been specifically designated by the court as a sex offender. Current strategies for tracking and monitoring sex offenders and predators are based on those that are "documented" from prior arrests. However, as with many offenses there are offenders who have yet to have been arrested and identified residing in our county. Statistics have shown that many sex offenders commit 100-150 sex related offenses before being apprehended. The CCSO desires to maintain a progressive and proactive response. The CCSO's specialized Detective Bureau designated to be responsible for all reported crimes against children, missing children, sexual battery (adults and children) and the Sexual Offender/Predator Grant funded position is the "Special Crimes Bureau". The overall goal of the new Special Crimes Bureau (SCB) is to develop uniform and consistent responses to crimes against children and sex crimes; as well as to proactively seek methods for preventing victimization. Feeling a sense of responsibility to the community and protecting our neighborhoods, the Special Crimes Bureau (SCB) has enhanced its efforts of conducting periodic checks, monitoring and surveillance of sexual offenders/predators before they attack again, helping to prevent further offenses against our children. Tthis bureau will soon begin to provide a centralized focus on crimes committed against children under the age of 18. This increased due diligence in enforcing Florida's laws will likely increase the number of arrests and therefore the number of individuals involved in sex offender tracking. These perpetrators by virtue of later convictions will be registering as sexual predators and sex offenders. In May 2006, Collier County had 24 more Sex Offenders and 8 more Sexual Predators as compared to one year ago (206/6 In 2005 versus 230/14 in 2006). Between January 1 and December 31,2005, CCSO reported 845 specific crimes victimizing Collier County children under the age of 18. Overall the Special Crimes Bureau has seen the following rates: 2003 overall cases: 989-# of cases per Investigator: 147; 2004 overall cases: 1035-# of cases per Investigator: 112; 2005 overall cases: 1347-# of cases per Investigator: 156. Crimes where children are the deliberate primary victims constitute a great proportion of investigative cases and involve every form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper child caring. In addition, children that run away from home or are abandoned from their home as ungovernable or unwanted can easily fall prey to sex offenders and predators. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #2 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 ~ection 2: Project Overview Project Summary The CCSO proposes to enhance its efforts by continuing with the Child Abuse/Sexual Offender/Sexual Predator project to protect the lives of children under the age of 18 in Collier County and improve interactions and multi-disciplinary approaches with other aspects of the criminal justice system. The CCSO proposes to allow for the Justice Assistance Grant (JAG) funded sexual predator investigator to be better trained, better equipped and more focused on developing unique and creative approaches to tracking and monitoring sex offenders. With the use of new practices, better statistical classifications can be developed which provide a clearer picture of the problems, solutions and outcomes developed through this project. The Investigator assigned to the Justice Assistance Grant (JAG) Child Abuse/Sexual Offender/Sexual Predator project will continue to implement, maintain and coordinate the enforcement of child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect. The primary objective of this project is to safeguard the community of Collier County, with a primary focus on protecting children from sexual predators and offenders while reducing Crimes Against Children. We have determined that approximately 2,000 investigative and analytical hours can be dedicated to the Child Abuse/Sexual Offender/Sexual Predator Project between October 1, 2006 and September 30, 2007 with available Justice Assistance Grant (JAG) for one Investigator. Each case will take a radically different amount of time and grant funds will be utilized and expended to the maximum degree toward the development of strategies and improved methods of targeting sexual offender and sexual predator crimes committed against children. The CCSO Justice Assistance Grant (JAG) funded Investigator and other SCB investigators will participate with the State Prosecutor in criminal prosecutions of these cases. With Collier County's rapid growth come more offenders and predators. The current Justice Assistance Grant (JAG) funded Sexual Offender Investigator is conducting nearly 200 address verifications each quarter with an estimated 100 attempted contacts during the same period. A typical three month (quarter's) principle activity is noted as follow~: physical contacts and address verifications with OFFENDERS; attempted contacts with OFFENDERS; 9 physical contacts and address verifications with PREDATORS; 7 attempted contact with PREDATORS; 4 warrants sought and served for various violations; 8 surveillance operations. The Sexual Offender Investigator performs and investigates address verifications as required by law, as well as surveillance of offenders likely to commit specific acts that might constitute a violation of their community control/probation. Continued funding would allow for this Investigator to survey areas where undocumented sex offenders prey upon children whose likely convictions would qualify the offender to regjster as a sexual offenders/predator upon conviction. The Investigator also serves as a liaison with the Department of Corrections (DOC) and other law enforcement agencies (local, state and federal) to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Investigator also prepares material for the training of CCSO Deputies resulting in expanding the potential for apprehension and prosecution of offenders committing crimes against children in Collier County. A large component of the Sexual Offender/Predator project is public awareness. The CCSO currently posts monthly offender notices/updates in each substation. With grant continuation, there will be enhanced public awareness through public service announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood Watch groups, and public presentations. Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #2 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide A major objective of this project is the creation of a database, available through our mobile data units to the street deputy, to provide accurate and current information on offenders and predators; from checks of residences, names of employers, vehicles operated, curfews, and more. Access to this data will provide timely relevant information when required. Project seed money will help initiate these ideas. The Sex Offender Investigator's responsibilities have increased dramatically since the inception of this program. Our agency's efforts have been doubled to ensure adequate protection of our children. The CCSO checks offenders and predators 4 times more often than required by Florida law; Sex Offenders quarterly rather than annually and Sexual Predators are checked monthly rather than quarterly. Sexual Predator/Offender Unit Goals; prepare and coordinate monthly public notifications of known sexual predators/offenders to increase public awareness; maintain and execute physical address verifications of registered sexual predators/offenders; maintain comprehensive and accurate files with relative documentation to affect successful prosecution for "Failure to Comply with Registration requirements; coordinate monitoring of offenders with the Department of Corrections to identify adherence to State Probation sanctions in addition to Florida Sex Offender obligations; perform proactive surveillance operations on alleged activity (Le. Stranger-Danger, Lewd & Lascivious Exhibition complaints) to identify, arrest, and prosecute violators; develop a database with offender/suspect information to be accessible to patrol and investigative bureaus on a real- time basis. Long-term Sexual Predator/Offender Unit goals over the upcoming year include: streamline CCSO record keeping and documentation for improved tracking and processing of registered sexual predators/offenders by implementing the use of a pen based laptop; develop and implement enhanced public awareness programs teaching children to be safer; enhance and expand a database to provide accurate and current offender information from physical contacts, to include biological information, places of residency or employment, vehicles, curfews, etc.; add additional Sexual Predator/Offender Unit Investigators for the purposes of enhanced monitoring of problematic offenders for increased enforcement of probation, and to attempt to locate offenders who have absconded from DOC supervision and State of Florida registration obligations. These additional Investigative positions will greatly add to the workload; work with Department of Corrections and the Circuit Court to continue improving the rate at which the Court concurs with recommendations for the disposition, detention, release, sanctions or termination for monitored Offenders; work with State Probation/Department of Corrections to create uniform supervision requirements for sex offenders (restrictions and prohibitions while on supervision); work with the Department of Corrections and local judiciary in redUCing the number of "withheld adjudications" on sex offense cases, and increase durations of probation; implement a web site which allows citizens to plot offenders on maps locations and receive e-mails when an offender moves into their neighborhood. The provider of services is the CCSO Special Crimes Bureau and the Sexual Predator/Offender Unit Investigators. There is not a service provider for this program outside of the CCSO. The Sexual Predator/Offender Unit Investigator will monitor offenders who are currentlyon probation, parole, and/or community control, as well as released from the care and custody of the Department of Corrections. These offenders can be identified as being at risk to the public, based upon the crimes in which the offender committed, coupled with the long-term effects suffered by the victims of sexual offenses. 16J2 Application Ref # Contract 2007-JAGG-312 -JAGC-COLL- - - Section #2 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 3: Performance General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: 027 - Child Abuse Activity Description Law Enforcement Children County-Wide County-Wide Activity: Target Group: Geographic Location Type: Objectives and Measures Objective 027.01 -Investigate a specified number of child abuse cases. Measure: Part 1 How many child abuse investigations will be initiated? Goal: 200 Objective 027.02 - Arrest a specified number of child abuse offenders. Measure: Part 1 How many child abuse offenders will be arrested? Goal: 45 Objective 027.10 - Provide education and training on child abuse issues to a specified number of criminal justice personnel. Measure: Part 1 How many criminal justice personnel will COMPLETE education and training on domestic violence issues? Goal: 200 Objective 027.11 - Provide information on child abuse to the general public. Measure: Part 1 Will information on child abuse issues be provided to the general public? Goal: Yes Objective 027.17 - To conduct a specified number of sexual offender residence verifications. Measure: Part 1 Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #3 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 3: Performance How many sexual offender residence verifications will be conducted? Goal: 200 Objective 027.18 - To conduct a specified number of sexual predator residence verifications. Measure: Part 1 How many sexual predator residence verifications will be conducted? Goal: 100 Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #3 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 3: Performance Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Question: If "other" was selected for location type, please describe. Answer: Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #3 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 4; Financial 'n ".~ " " , ," " ."" , ., , ,,", ~ , k ) " ;, '" ~, . ~ _ ~ 1;" '" '0 'M '" "" v General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000558 Budget: Budget Category Federal Match Total Salaries and Benefits $108,516.00 $0.00 $108,516.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 .. Totals .. $108,516.00 $0.00 $108,516.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated Income (PGI) No Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #4 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 1.6J2 . ~,~ v ~-~'''' ~~ r-'7 Secti'on 4; Fin~nciaf(cont> ' " -, , "''' '" . ~ ~.. ~ '" :tj t; <<co." .", " Budget Narrative: Child Abuse/Sexual Offender/Sexual Predator Project II (2007) Total budget is from Federal funds as follows: Budget Categories: Salaries and Benefits Regular Salaries (1 position) = $78,562 Overtime = $1,000 Incentive = $820 FICA@7.65% = $6,149 Retirement @ 18.53% = $14,895 Health/Dental Insurance = $1,986 Life/Dism. @ .27% = $217 W/C @ 6.08% = $4,887 Total Salaries and Benefits = $108,516 Contractual Services = $0 Expenses = $0 Operating Capital Outlay = $0 Indirect Costs = $0 TOTAL = $108,516 SALARIES AND BENEFITS = $108,516 Funds are needed to support payment of the salary (including overtime for the one grant funded position and for other certified Deputies to assist when needed) and benefits for one Child Abuse/Sexual Offender/Sexual Predator Project II Certified Deputy who will be dedicated to project activities. Overtime benefits include FICA, retirement and W/C. The grant funded Deputy will be solely dedicated to the investigation, apprehension. and prosecution of sexual offender and sexual predator criminals who are committing crimes against children under the age of 18. This Deputy is needed to do periodic checks, to monitor and perform surveillance of sexual offenders/predators. The grant funded position supported with subgrant funds will continue to be in excess of the appropriated positions in the implementing agency. The projected base salary for the grant funded Deputy is $78,562. Benefits are listed above. A job description is attached. The Deputy will be responsible for performing and investigating both verifications as required by law as well as surveillance for offenders committing acts that qualify the individual to be registered. The Deputy would also serve as a liaison with other law enforcement agencies to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Deputy would train other agency Deputies on offender laws and requirements resulting in expanding the potential for apprehension and prosecution of additional offenders committing crimes against the children of Collier County. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Budget Narrative (Continued): CONTRACTUAL SERVICES = $0 EXPENSES = $0 OPERATING CAPITAL OUTLAY = $0 DATA PROCESSING = $0 INDIRECT COSTS = $0 TOTAL = $108,516 - These project costs are not allocated or included as a cost to any other federally financed program. - These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. - These project costs are authorized by Federal or Florida Statues or local laws and regulations that are in effect at the time the subgrant is awarded. - These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. - These project costs are net of all applicable credits. - Federal funds will not be used to supplant State or local funds. - All project costs will be expended or obligated during the approved subgrant period - No local cash match. Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #4 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 ~,.,.~ ~y~ ~ ~ <>""" , 7kY~ Section 4: Financial ,,~ .' ~ ~ Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: 1000 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #4 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Insert Standard Conditions Page here. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #5 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 6: Sig~natur~s In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month a'hd year set out below. Corrections on this page, including Strikeovers, whlteout, etc. are not Signature: Typed Name and Date Typed Name of SUbgra~nnm;""inn Signature: ~~ _ . Typed Name and Frank Halas I Chairman Date &-:/-6J0 Signa '" Txp'~~arne and ,>,,\ '(~~'.. ,.."'.<"i'0i? ",..\. . +,.' .,' Date .... 0.... ". sl30 In c.. ,-t~';. ..' ..'/ _'~:":;-?'''''._.,,,;Jl. .. C' .... I I a. '~.aJ/\, ...."..J '. C' : .1.-;(8.-'1:" "1t'" ....", W : Wi'.';" 'f,:::" ,'r:: .~ D. ~"',~. ~~':~iJ1t,.O,L, Application Ref# 2007-JAGC-312 Contract -JAGC-COLL- - - Collier County Sheriff's Office ....,.. ~:-lr;::' '.A1If~J Ita.., A.Uwatr Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J2 Section 7: Certifications and Authorizations Insert Certifications and Authorizations here. Application Ref# 2007-JAGC-312 Contract -JAGC-COLL- - - Section #7 Page 1 of 1 16J2 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): -X-Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): -2L-Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to rmulate, implement, and maintain such a Plan within 120 days after a subgrant . ation for feral sistance is approved or face loss of federal funds. Type Name: Frank Halas Title: Chairman Subgrant Recipient: ('n 11 i,::or ('('mnty ('nmmi ~~ ; nn Date: 0 -/-~r;-. fr.-all'. .' ~Ilt&c"~ BY{':' ~ ~.~. '.4~~~;>~.~:" .,::~" .c.t, I PDLE JAG Grant Application Package EEO CertIfication Page 10f2 (April 2005) "<,u<'<u~ ""'..J~,t...yt~U .......111.l.1.....;)t;;.,("\.v.&................, U.S. Department of .Justice , Office of 1ustice Programs AUG 0 5 200~ 16.J2 , Office f'Or Ciilil Rights RW<h~ D.C.20S$1 July 30, 2004 RECEIVED ~Ui; 0 ; 2~04 rfJil.1.lN !F'l~SO.URC~S James L. :Koontz. Manager LaborlEmployee Relations Collier County Govemmcct 3301 'Tamiami Trail East N.ap~es,' rlerilk 34H~ Re: BEOP for Collier, County D~ Mr. Koontz: The Office for Civil R1ghts has reviewed and approyed the BquaJ Employment Opportunity Plan (EEOP) which you subrnit'".ed in accordance W'ith the p:oovisions of your :tccent &:rant award, The p2atHhat YOlll s'libm:ittod oonforms to the SeYen-Step Guide (0 the .Design and Develf;lp'me7l.t of an Equal EmjJloyment Opportu'h.ity Pian, which is a: guide to providing the essential information that the Department. af justSl::~ requires for our initi 11 SCteenini ofyoW'.EEQP. The Depaxtment of ,'Justice regullLttOtlS for de'l7eJopina a comprehensive :BEOP may be f-ound at 28 CPR 942.301 el ssg. Year approved plan is effo~e for two' years from the date of this letter. If you have any quostiot15 regarding th:is matter, please contact the Office for Civil Riibts at (202) 301-0690. ' , Sincerely, 71~tc.u- Michael L. Alston. Director Office for Civil Rights eo: Tim Eddy, FL MLA:deb -. ",'. . '.:. .. . , '. ".:.' I. 16J2" .J CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program if IMPLEMENTING AGENCY CERTIFICATION" I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Select one of the following): x Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. x Has included a copy of the current approval letter from the US DOJ .' I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days e subgrant app . cation for federal assistance is approved or face loss of federal funds. \ " Type Name: Don Hunter Name of Subgrant Recipient ~nll i,::or ~nllnt'Y ~nnm; ~~; nn Name of Implementing Agency: Collier County Sheriff's Office Title:" Sheriff Date: ' S /30/0 " . J FOLE JAG Gl'II1t ApplicatIon Package EEO CertificatIon Page 2 of 2 (April 2005) . . u.s. Department of Justice Office of Justice Programs 16J2 Office for Civil Rights l1rashingron. D.C. 2053] July 22, 2004 Joyce Houran Grant Coordinator Collier County Sheriff's Office . 3301 Tamiami 'frail East, Bldg. 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 (EEOP) which you submined in accordance 'with the provisions of your recent gTant award. However, for your next submission, please follow the Civil Rights Seven-STep Guide, which is a guide to providing the essential infonnation that the Depanment ofJuStice requires for OUT initial screening of your EEOP. Please prepare the plan in the standardized EEOP Short Form fonnat as illustrated in the EEOP sample found' on the OCR web site at ",,,vw.oip.usdoi.l?ov/ocr. The Department of Justice regulations for developing a comprehensive EEOP may be found at 28 CFR ~ 42.301 et seq. Your approved plan is effective for two years from the date of this lener. If you have any questions regarding this maner, please contact the Office for Civil Rights at (202) 307-0690. Sincerely, . 7h u4 ~. ;.tL-- Michael L. Alston, Director Office 'for Civil Rights MLA:deb CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS 16J Florida Department of Law Enforcement Edw~rd B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to detennine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this fonn. Signature of this fonn 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 (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". 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 transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, TiUe 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agraement 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, end the extension, continuation, renewal, amendment, or modification of any faderal grant or cooperative agreement; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an 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 induded in the award documents for all subawards at all tiers Oncludlng subgrants, contracts under grants and cooperative agreements. and subcontracts) and that all subrecipients 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: (a) 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; FDLE JAG Grant Application Package (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement 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; (c) Are not presenUy indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) 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: (a) Publishing a statement notifying employees that the unlawful manufacture. diatribution. dispensing, pollB8Sllion, 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; (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-tree workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Lobbying, Debannent, Suspension, and Drug-Free WorkPlace CertIfication Page 1 of2 (April 2005) CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 16J2 (e) 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 (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under tha grant, the employee will- (1) Abide by the terms of the statament; and (2) 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 the conviction; (e) Notifying the agency. in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employea or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title. to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531, Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), 'wlth respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requiremants of the Rehabilitation Act of 1973, as amended; or (2) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (1). B. The grantee may insart 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 here _ 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 406117. Check here _ If the State has elected to complete OJP Form 406117. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDMDUALS) 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. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs. ATTN: Control Desk, 633 Indiana Avenue. N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Commission, 3301 Tamiami Trail East, Bldg. F Naples, Florida 34112 2. Project Name: Child Abuse/Sexual Offender/Sexual Predator 3. Typed Name and Title of Authorized Representative: Frank Halas, Collier County Commission Chairman 4. Signature! ---EA - ?) ~ ./' ~ \:"J' [] J .;r,'r . . \ . , '''J ATJIS'f c ;,," , tiYI8BTa::BIOOI;_...1f ~: ....~,?" ,-~ '~ 1IY:!);,. jl J {~~' '<J. ( , -~~.>- ,~. r .t...~.t".~. , FDLE JAG Granl4PPmrro~CJfJl/ege 5. Date: C... o/-oC Approved as to form & hgcl s~lW,d.<~:.10Y ~A \lJ~ - - . ""-. .....Co:u.:I.tJ A~l Lobbying, Debannent , Suspension, and Drug-Free Workpiece Certlflcetlon Page 2 of 2 (April 2005) PlJ~ o/??~ ??~ ??~ 3301 East Tamiami Trail · Naples, Florida 34112. 4977 (239) 774-8097 · Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 June 1, 2006 Mr. Clayton Wilder Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2007 Byrne Grant Compliance\Florida Rule 9B-61.003(4)(d), F.A.C. Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the Collier County Board of County Commissioners approves the distribution of the $108,516 total allocation available of Federal Fiscal Year 2006 Byrne Grant Formula Grant Program funds for the following projects within Collier County. On April 11, 2006 the Board approved the distribution for the following fiscal year 2007 Sheriff s Office projects within Collier County: SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Child Abuse/Sexual Offender/ Sexual Predator Project $108,516 Sincerely, 'J , ,--_/ ~-' _.. ~r (' "'--('-r... Frank Halas, Chairman Collier County Board of County Commissioners Jh-a/5/%07hc,' '" '. ATTEST ". . DWI8IIT Il BROOK, cI.BRK :::'. jJ!~ r _ .' ,,' ':''>.'' Attest. ... . 'Ch. , r&!II , .1gn.t~\ On 1'. ":""",.;,, "; "~C':.' 'y.........:.\.".;'~:,,;.,'.'...;:;1 /". .,." .. " ..' , ./1.... ^..,. . '" , ~ ~; r'" ". ."' -'. " I PJJ~ o/~~ ~ownty ~~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 774-8097 . Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 June 1, 2006 Mr _ Clayton Wilder Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Collier County Fiscal Year 2007 Byrne Grant Compliance\Florida Rule 9B-61.003(4)(d), F.A.C. Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the Collier' County Board of County Commissioners approves the distribution of the $108,516 total allocation available of Federal Fiscal Year 2006 Byrne Grant Formula Grant Program funds for the following projects within Collier County. On April 11, 2006 the Board approved the distribution for the following fiscal year 2007 Sheriffs Office projects within Collier County: SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Child Abuse/Sexual Offender/ Sexual Predator Project $108,516 Sincerely, _ ~.,~::~- ..../-~5! .:? - .. .-...~..---.< . }j.-- ..--- .,._ ..if'" '-..... ',.- ~-1f.. 'I'II!!!. Frank Halas, Chairman Collier County Board of County Commissioners JhiQi,'jJ %07hcc ",I , ""i,., . ..- ." __:I!W\rJv' dkW tJ)C ~tttif :~I.' 0.1 h"1Mft , 11gnat.... 011- ,.~.:i;t~'!.l t'-'0'-Sd,}I' :~, -'.~-:-~tt;'~,~.v 16J 2 ITEM NO: FILE NO.: ROUTED TO: DATE RECEIVt?::"",:,:: ,,-r::: . ." -'-'_w '--. I , 0' - S I-l F - 00 () 3 q ji\j['/ )j.TTC:::~:;i..L\' ~ .", .',,. ': J f';;;~: C 5 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: August 25, 2006 To: Office of the County Attorney, Attention: Thomas Palmer, Esq. From: Carol Golightly (Name) o~ Finance Director (Title) Cf-~ I\(J ~ b\~O Sheriff's Office (Division) Finance Division (Department) Re: Edward Byrne Memorial Justice Assistance Grants: Child Abuse/Sexual Offender/Sexual Predator Project II (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate) . On April 11, 2006 the BCC approved Agenda Item 16(J) (2) and agreed to be the coordinating unit of government for the fiscal year 2006/2007 Edward Byrne Memorial Justice Assistance Grant Program, approve the Sheriff as the official applicant, grant program, and financial manager, and authorize the Board Chairman to execute the Certification of Participation for funding, approve the Sheriff's Office grant applications, authorize acceptance of awards, and approve associated budget amendments. The Sheriff's Office received the Child Abuse/Sexual Offender/Sexual Predator Project II grant award. The Certificate of Acceptance of Subgrant Award needs to be signed by the Board Chairman. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes - grant award documents and RLS 04-SHF00002 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 documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/a:lecdacceptance07 ITEM NO: DATE RECEIVED: '6J 2 1 ... :.' ;ll~r:.11 ~L t tr [Ht: v I \....."L ....... \.~OUNTY f-\JTORNE~ C6 ~ 5 Ifr-tJOC23;1 -------------~-------------------------------------------Dffi~M~R~--M+~~~--- FILE NO. ROUTED TO: DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: March 30, 2006 To: Office of Attention: Thomas Palmer, Esq. From: Finance Director (Titlel Finance Division (Departmen t) Re: Justice Assistance Grant (JAG) Program (subj ect) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate) . Fiscal year 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program (formerly Anti-Drug Abuse Grants Program) fynding has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for fiscal year 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program funds and execute the Certification of Participation. 2. Approve the Sheriff as the chief official applicant; the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person. 3. Approve Sheriff's Office fiscal year 2006-2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program applications when completed. 4. Approve acceptance of awards and associated budget documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) Legal approval of request. cC 1cP ~1J ~,I ~I ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) OTHER COMMENTS: c: Don Hunter, Sheriff All requests must be copied to your appropriate Division Bead or Constitutional Officer.) ." jh/a:leg/le cert of part 07 16J ~ EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the fiscal year 2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the official applicant, Sheriffs Office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. CONSIDERATIONS: 1. The Collier County Commission has participated in valuable Edward Byrne Memorial projects for 17 years. The Collier County fiscal year 2007 JAG Program allocation is $108,516. 2. The Sheriffs Office will seek continuing grants funds for third year payroll costs and miscellaneous expenses totaling $108,516 for the Child Abuse/Sexual Predator Program. 3. Continued grant funds will be sought for fiscal year 2008. Should fiscal year 2008 grant funds not be available, the projected cost for the position coming off of the grant is $90,000. 4. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriff as the official applicant, the CCSO Finance Director as the grants' chief financial manager, the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the Sheriffs Office's fiscal year 2007 grant application when completed, and to authorize acceptance of the awards and associated budget amendments. FISCAL IMPACT: None. No required match. GROWTH MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government for the 2006/2007 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program local application, approve the Sheriff as the official applicant, approve the CCSO Finance Director as the grants' chief financial manager and the CCSO Grants Coordinator as the grant contact person and grant program manager, authorize the Board Chairman to execute the Certification of Participation for eighteenth year funding, approve the Sheriffs Office fiscal year 2006/2007 grant application when completed, and authorize acceptance of the award and approve associated budget amendments. PREPARED BY: Joy APPROVED BY: Carol Goligh~y, Finance Director APPROVED BY: Don Hunter, Sheriff DATE: March 30. 2006 16J 2 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2007-JAGC-COLL-1-P3-009, in the amount of $ 108,516.00, for a project entitled, CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.II, for the period of 10/01/2006 through 09/30/2007, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) ~_._-,.~, .,//~' /~/7 ~~H"_'_'" / ._._....v".._,.-~._--" .._"., /' - ---&; ..?- ~ ---..'.- " ~ Frank Halas, Chairman Board of County Commissioners (Typed Name and Title of Official) Collier County Board of Commissioners (Name of Subgrantee) 411.1 ....,.. BIOCJK,_ . ~~( ~ A'i:KJT :J.~ den? (Date Acceptance) . Att.st to'Chalf"Wan'S stOnl-tV" on I v ~Pl.\tm.....u & ;l<' ". ;', .. -.... \)" "J A __,/ _..~_..,IJ,W\YOL VVV -~.-.- !,nA1.1;tt.n~. (;)\ Item# U 0:\ d- ~ AgendCL\-\ \""'D(P Date Date <6'" d6-D ~ Rec'd ~~ De~uty rk 16J 2 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Collier County Board of Commissioners Date of Award: AUG 1 7 2006 Grant Period: From: 10/01/2006 TO: 09/30/2007 Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.II Grant Number: 2007-JAGC-COLL-1-P3-009 Federal Funds: $ 108,516.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 108,516.00 State Purpose Area: 027: Child Abuse CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 10, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 or A-102, as applicable, and A-21 , in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. 16J ..:'-"~. ~/ .- ........ SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized fficial Clayton H. ilder Administrator f- /7- () (, Date ( ) This award is subject to special conditions (attached). 16J 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide :-~v"ijt-f"'><\;^~fJ..:!~>~:! ";~.'~'* ,""., ~<"<-it .'t,"~'~:;' ,^", ,,>';,:~"~~:: ',",;}\,~'~{;:!~:,:;r,' "l;f,,-~<'i\~;-'?:74~:~'Wt<<~ItJ~'f~ ~ft...tion "~,A''''mlnlstra&:on ^ , " "". . , " ,4,.", ,it .:. ""J . 1('1 M' %.4'WXX~Il' ~t 9~ , ::t~ ~Q LJ ,& ~ ~ ;" j~ \'. j, (1 ~ '"" ~::, ,~t, 1 '" "J "xi.~l,I:" .,~;Pff2'l<:%' 'Ill< '"' 'th'kL'&i'ijff)j~ ;}1'J %:fl.J ~<~~ """ W;?,,,," f ~;;:')~. 0"': ~ < " ,..~' ~ ." . ~ ::;./" , ,~~' ,: > '" '7$ ;:;;;'" f/.tt,4"r"lt,~"" ~t;frc,>r~~'-ak ;&itd;.~.'~)';;dt:P !li"'1 Subgrant Recipient Organization Name: Collier County Board of Commissioners County: Collier FEID OR SAMAS: 59-6000558 Chief Official Name: Frank Halas Title: Chairman, Board of County Commissioners Address: 3301 Tamiami Trail East City: Naples State: FL Zip: 34112 Phone: 239-77 4-8393 Ext: Fax: Suncom: Email: grants@colliersheriff.net City: State: Phone: Fax: Suncom: Email: Chief Financial Officer Name: Crystal Kinzel Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trial East Court Plaza 111/2 Naples FL 239-774-8075 239-774-6179 Zip: Ext: 34112 Crystal. Kinzel@clerk.collier.f1.us Application Ref # Contract 2007 -JAGC-312 2007 -JAGC-COLL-1-P3-009 Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 ~jr~(' "";'1' Air"'" "';'('tltt~'"~;;;J'}C}" ~ ''.' >,;!':: "~-:'~:: ~ J!'::"'''"'' <~" ~':W; :'{~'r;;"'\'~f,?'i:!~~~~fr7?' W~"i~~,* ~ ^~n*, ~~}~^ m~Pl~<. t9~t~IJH' "~~: >!'y : ~ . h'~ " .2/,:~~_~~~: ',":~$>'fi.;~~~~3:W~,~L~;;j4~,%C,:;~~J~^'~~~~~~if~:~ Implementing Agency Organization Name: Collier County Sheriffs Office County: Collier FEID OR SAMAS: 59-6000558 Chief Official Name: Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J City: Naples State: FL Zip: 34112 Phone: 239-793-9346 Ext: Fax: 239-793-9405 Suncom: Email: grants@colliersheriff.net City: State: Phone: Fax: Suncom: Email: Project Director Name: Joyce Houran Title: Grant Coordinator Address: 3301 Tamiami Trail East Building J-1, Finance Division Naples FL 239-793-9346 239-793-9705 Zip: Ext: 34112 grants@colliersheriff.net Application Ref # Contract 2007 -JAGC-312 2007 -JAGC-COLL-1-P3-009 Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 ~;""C-~-./'{""--A~ '<'''' ....-~~ ~Y,,~"J'':i:'~' "~I':."t'/,^,r""'",,:;":!'<vY~ ~-vt- '-r -;,...,,"" > ,_v ...~, ^" ---i!1"7 '":'tow "v 7{~'}'~\""v "~'l;' '1,:l'"*/..'1~ ~~~!ig~l~~.P!~j~f~. Q!,~m~~!L ,:. .... _ .., ._:,~ :.~~ ..~. ". J. .:..,,,, .,~:.:.~t; :..;.:,~~.,~"..k':':a ~ General Project Information Project Title: CHILD ABUSE/SEXUAL OFFENDER/SEXUAL PREDATOR PROJ.II Project Sequence No: 1 Subgrant Recipient: Collier County Board of Commissioners Implementing Agency: Collier County Sheriffs Office Project Start Date: 10/1/2006 End Date: 9/30/2007 Problem Identification The specific problem to which this project is responding is the safety of all Collier County residents, primarily children under eighteen (18) years of age, from sexual predators and sexual offenders. Urban Collier County is the second fastest growing area in the nation, and the largest county (2,305 square miles) in the state of Florida. Collier County is home to approximately 306,186 year round residents, and a travel destination for more than 1.3 million tourists every year. This rapid growth brings persons from every walk-of-Iife; including undesirable criminal offenders. This has also increased the' numbers of sexual predators and sexual offenders moving into the county from other jurisdictions and increased the accompanying crimes against children. Between 1996 and 1997, National and State legislation was passed and amended to protect Crimes Against Children, therefore establishing criteria for registration and mandatory community notification for Sexual Predators. Florida enacted the Kayla McKean Act as a result of a perceived failure on the part of both child protection investigators specifically and law enforcement in general. The legislation requires that both law enforcement and Children and Family Services investigate all allegations of child abuse; resulting in increased awareness and case loads. Under Florida Statute, while all sexual predators constitute "sexual offenders", not all sexual offenders constitute "sexual predators". The Legislature finds that sexual predators and sex offenders who have committed their offenses against minors often pose a higher risk of engaging in sex offenses, even after being released from incarceration or commitment. For victims, of all ages, sex offenders and sexual predators look for opportunities that would take advantage of their victim's vulnerable state. While adults may have the ability to prevent being placed in these types of situations, our children, by nature, are extremely susceptible and need additional protection to keep them from harm's way. The Jessica Lunsford Act, with its significant legislative changes began implementation in 2006. The manner by which offenders and predators register and re-register, as well as changes in supervised monitoring have offered both opportunities to further protect our children; and challenges for staffing and time needed for tracking each offender and predator. The FDLE acknowledges that all ages are exposed to victimization by sex offenders and sexual predators, and, because sex offenders/predators have specific behaviors they generally display, FDLE has implemented guidelines to address ways to help prevent future victimization. Thus, the Legislature enacted Community Notification and Registration requirements. With regards to sexual predators, local law enforcement must inform the community of the predator's presence within 48 hours of being notified by FDLE. While law enforcement is not mandated to notify the community on sex offenders, police chiefs and sheriffs may release information on sex offenders, and notify the public of that information at their discretion. With regards to registration, all sexual predators and sex offenders not under the supervision of the Department of Corrections (DOC) must register in person with FDLE or the sheriff in the county where he/she resides. After initial registration is complete, the offender must report in person to a local office Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #2 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 ....iJlffi."'<:t?,- "'o~ ,k'--"jA~-r~I~..~<;~r""1 '~sr<t -~"0J ,""',--7" ,- (~C?~0'~"~} ~ ",'03'2" ~<; "'"~N'_''' '" *~ ,-' Section'2:'^ProjeclOveMew ^" ,,,'" ' , > ., , '", ' .' h", " ^ ~ ~ > ~ >/ ~~. ~'1 ~ AI,.., ~ ""I-...';.} ~ 1~" ,'" , > ~, A ".. _ :, ~ .= _ ,~. 'l < ~ . "^ "" < ~ ,",-rl' ~ ~ , '" of the Florida Department of Highway Safety and Motor Vehicles (DHSMV), within 48 hours of any change of address, and to obtain a Florida driver's license or identification card. Current law requires county and local law enforcement, in conjunction with FDLE, to verify the address of sexual offenders and predators not under the supervision of the DOC for qualifying sex offenses. The law requires that at a minimum, law enforcement must verify sexual predator addresses quarterly and sexual offender addresses annually. However, the Department of Public Safety and Correctional Services acknowledges that the address information provided by the registrants may well be inaccurate or outdated. These errors could jeopardize the safety of innocent children who currently reside in these communities, as well as lending a false sense of security to the public. These errors also mean that sexual offenders have moved without notifying law enforcement of their whereabouts, further jeopardizing the safety of the community, specifically other innocent children. With FDLE maintaining the state database for registered sex offender/predators, and verifying addresses via mail-drops, the Collier County Sheriffs Office (CCSO) is tasked with conducting physical checks of an offender's residential status. Although in May 2006 there are currently 230 registered sex offenders and 14 sexual predators registered in Collier County, the CCSO has routinely encountered other citizens (out of area sex offenders) within the County who have either failed to register, or have not been specifically designated by the court as a sex offender. Current strategies for tracking and monitoring sex offenders and predators are based on those that are "documented" from prior arrests. However, as with many offenses there are offenders who have yet to have been arrested and identified residing in our county. Statistics have shown that many sex offenders commit 100-150 sex related offenses before being apprehended. The CCSO desires to maintain, a progressive and proactive response. The CCSO's specialized Detective Bureau designated to be responsible for all reported crimes against children, missing children, sexual battery (adults and children) and the Sexual Offender/Predator Grant funded position is the "Special Crimes Bureau". The overall goal of the new Special Crimes Bureau (SCB) is to develop uniform and consistent responses to crimes against children and sex crimes; as well as to proactively seek methods for preventing victimization. Feeling a sense of responsibility to the community and protecting our neighborhoods, the Special Crimes Bureau (SCB) has enhanced its efforts of conducting periodic checks, monitoring and surveillance of sexual offenders/predators before they attack again, helping to prevent further offenses against our children. Tthis bureau will soon begin to provide a centralized focus on crimes committed against children under the age of 18. This increased due diligence in enforcing Florida's laws will likely increase the number of arrests and therefore the number of individuals involved in sex offender tracking. These perpetrators by virtue of later convictions will be registering as sexual predators and sex offenders. In May 2006, Collier County had 24 more Sex Offenders and 8 more Sexual Predators as compared to one year ago (206/6 in 2005 versus 230/14 in 2006). Between January 1 and December 31, 2005, CCSO reported 845 specific crimes victimizing Collier County children under the age of 18. Overall the Special Crimes Bureau has seen the following rates: 2003 overall cases: 989-# of cases per Investigator: 147; 2004 overall cases: 1035-# of cases per Investigator: 112; 2005 overall cases: 1347-# of cases p~r Investigator: 156. Crimes where children are the deliberate primary victims constitute a great proportion of investigative cases and involve every form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper child caring. In addition, children that run away from home or are abandoned from their home as ungovernable or unwanted can easily fall prey to sex offenders and predators. Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #2 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 ~;:r-f:~'t~'Y~ll~';}J;'~' ~;;J':;~?'i'-1:::"'ry~::;f'1i "l,:'"l"XJ 'Sii~<:t -;::~1'/~<~'" ,>')i ~ j~~ \~" ~ ~~~ ,::"" l( "' \:, t:; "< 'f;:"'; ";*7,':- ~i~!~Ol~t_@!':~!oJe,ct~9Y~!YJe~" " , ,'," , "'~ ,,': ,: . ,~':, " ~', \,' ",:'~,;' Project Summary The CCSO proposes to enhance its efforts by continuing with the Child Abuse/Sexual Offender/Sexual Predator project to protect the lives of children under the age of 18 in Collier County and improve interactions and multi-disciplinary approaches with other aspects of the criminal justice system. The CCSO proposes to allow for the Justice Assistance Grant (JAG) funded sexual predator investigator to be better trained, better equipped and more focused on developing unique and creative approaches to tracking and monitoring sex offenders. With the use of new practices, better statistical classifications can be developed which provide a clearer picture of the problems, solutions and outcomes developed through this project. The Investigator assigned to the Justice Assistance Grant (JAG) Child Abuse/Sexual Offender/Sexual Predator project will continue to implement, maintain and coordinate the enforcement of child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect. The primary objective of this project is to safeguard the community of Collier County, with a primary focus on protecting children from sexual predators and offenders while reducing Crimes Against Children. We have determined that approximately 2,000 investigative and analytical hours can be dedicated to the Child Abuse/Sexual Offender/Sexual Predator Project between October 1, 2006 and September 30, 2007 with available Justice Assistance Grant (JAG) for one Investigator. Each case will take a radically different amount of time and grant funds will be utilized and expended to the maximum degree toward the development of strategies and improved methods of targeting sexual offender and sexual predator crimes committed against children. The CCSO Justice Assistance Grant (JAG) funded Investigator and other SCB investigators will participate with the State Prosecutor in criminal prosecutions of these cases. With Collier County's rapid growth come more offenders and predators. The current Justice Assistance Grant (JAG) funded Sexual Offender Investigator is conducting nearly 200 address verifications each quarter with an estimated 100 attempted contacts during the same period. A typical three month (quarter's) principle activity is noted as follows: physical contacts and address verifications with OFFENDERS; attempted contacts with OFFENDERS; 9 physical contacts and address verifications with PREDATORS; 7 attempted contact with PREDATORS; 4 warrants sought and served for various violations; 8 surveillance operations. The Sexual Offender Investigator performs and investigates address verifications as required by law, as well as surveillance of offenders likely to commit specific acts that might constitute a violation of their community control/probation. Continued funding would allow for this Investigator to survey areas where undocumented sex offenders prey upon children whose likely convictions would qualify the offender to register as a sexual offenders/predator upon conviction. The Investigator also serves as a liaison with the Department of Corrections (DOC) and other law enforcement agencies (local, state and federal) to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Investigator also prepares material for the training of CCSO Deputies resulting in expanding the potential for apprehension and prosecution of offenders committing crimes against children in Collier County. A large component of the Sexual Offender/Predator project is public awareness. The CCSO currently posts monthly offender notices/updates in each substation. With grant continuation, there will be enhanced public awareness through public service announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood Watch groups, and public presentations. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - . Section #2 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide A major objective of this project is the creation of a database, available through our mobile data units to the street deputy, to provide accurate and current information on offenders and predators; from checks of residences, names of employers, vehicles operated, curfews, and more. Access to this data will provide timely relevant information when required. Project seed money will help initiate these ideas. The Sex Offender Investigator's responsibilities have increased dramatically since the inception of this program. Our agency's efforts have been doubled to ensure adequate protection of our children. The CCSO checks offenders and predators 4 times more often than required by Florida law; Sex Offenders quarterly rather than annually and Sexual Predators are checked monthly rather than quarterly. Sexual Predator/Offender Unit Goals; prepare and coordinate monthly public notifications of known sexual predators/offenders to increase public awareness; maintain and execute physical address verifications of registered sexual predators/offenders; maintain comprehensive and accurate files with relative documentation to affect successful prosecution for "Failure to Comply with Registration requirements; coordinate monitoring of offenders with the Department of Corrections to identify adherence to State Probation sanctions in addition to Florida Sex Offender obligations; perform proactive surveillance operations on alleged activity (Le. Stranger-Danger, Lewd & Lascivious Exhibition complaints) to identify, arrest, and prosecute violators; develop a database with offender/suspect information to be accessible to patrol and investigative bureaus on a real- time basis. Long-term Sexual Predator/Offender Unit goals over the upcoming year include: streamline CCSO record keeping and documentation for improved tracking and processing of registered sexual predators/offenders by implementing the use of a pen based laptop; develop and implement enhanced public awareness programs teaching children to be safer; enhance and expand a database to provide accurate and current offender information from physical contacts, to include biological information, places of residency or employment, vehicles, curfews, etc.; add additional Sexual Predator/Offender Unit Investigators for the purposes of enhanced monitoring of problematic offenders for increased enforcement of probation. and to attempt to locate offenders who have absconded from DOC supervision and State of Florida registration obligations. These additional Investigative positions will greatly add to the workload; work with Department of Corrections and the Circuit Court to continue improving the rate at which the Court concurs with recommendations for the disposition, detention, release, sanctions or termination for monitored Offenders; work with State Probation/Department of Corrections to create uniform supervision requirements for sex offenders (restrictions and prohibitions while on supervision); work with the Department of Corrections and local judiciary in reducing the number of "withheld adjudications" on sex offense cases, and increase durations of probation; implement a web site which allows citizens to plot offenders on maps locations and receive e-mails when an offender moves into their neighborhood. The provider of services is the CCSO Special Crimes Bureau and the Sexual Predator/Offender Unit Investigators. There is not a service provider for this program outside of the CCSO. The Sexual Predator/Offender Unit Investigator will monitor offenders who are currently on probation, parole, and/or community control, as well as released from the care and custody of the Department of Corrections. These offenders can be identified as being at risk to the public, based upon the crimes in which the offender committed, coupled with the long-term effects suffered by the victims of sexual offenses. 16J 2 Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #2 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 Sectlonr3:"Peffofmance-'~"'~:-" "';,' -. . ,.. P.' "v:, . . :~'.,' - '.-" ,,,,., "':' , ,~i,': Lfd",,~" ft~ :.,;~""~_ ~";\.=L~.l,,.:.-Z~\...<:<>~J.:;:'v"":'~__/_ ~c _"_~ ~'~ .;./<- ,,"' .>>"'~v_':iL(C~~~~~ ,.."'"" "'~ -- -~- General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: 027 - Child Abuse Activity: Target Group: Geographic Location Type: Activity Description Law Enforcement Children County-Wide County-Wide Objectives and Measures Objective 027.01 - Investigate a specified number of child abuse cases. Measure: Part 1 How many child abuse investigations will be initiated? Goal: 200 Objective 027.02 - Arrest a specified number of child abuse offenders. Measure: Part 1 How many child abuse offenders will be arrested? Goal: 45 Objective 027.10 - Provide education and training on child abuse issues to a specified number of criminal justice personnel. Measure: Part 1 How many criminal justice personnel will COMPLETE education and training on domestic violence issues? Goal: 200 Objective 027.11 - Provide information on child abuse to the general public. Measure: Part 1 Will information on child abuse issues be provided to the general public? Goal: Yes Objective 027.17 - To conduct a specified number of sexual offender residence verifications. Measure: Part 1 Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #3 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 Sectfoi{3:'Perfo"rmanC"e:",':l( '~ ", " ' ," ", ' " < ~ ", , " ~;r;t~i""'H~~;;~ ""~~o""'~,,,,,, "4->~~",,:JJ"*J~~l;J;h~ ':~""..... """/ _~"... ~ '" .",,".1 _'"""...~....~~_ ~ "",,_> ~"'-' ~~o, 0 .0 "'".<<:x~.....'ow;,.="" How many sexual offender residence verifications will be conducted? Goal: 200 Objective 027.18 - To conduct a specified number of sexual predator residence verifications. Measure: Part 1 How many sexual predator residence verifications will be conducted? Goal: 100 Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #3 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 R[%~~"iA'k~~ ~",.... 'r0~ -~",,,,,,1'-'~-r:-"'''';'~ ~'~-'/"7""'- - v""3::5';~T:;~;";< -~~ ~-~ .._~ ~ 7,n " - ,~- ."'" ,,;"',v ~"'~- .._~~~-' ~'xr~ ""..,~ !Section 3: BerfOJman~,",' :: , , '., '" " ", <,'- ': " " !.t"#__Ai't ~ .:.>JIJ~ _.:: >~'''"''''~_~.~~' ~~__)_ ~._ ~ '^"~" ~~ j ~ ~> ~ ""'" .;," ,M~_ -'. -- Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Question: If "other" was selected for location type, please describe. Answer: Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #3 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide .16J 2 g'Tftt' ~ "'(##*;~ "~~n"""~'~I"':fFJt{--f%f~~iilfHf' ""--"''''\'5''''';.<j' ~'''' "~""!f ". ,~' -~',~ '" -':l"::;;WF"'~'E' "!'li~WW1~;:11t n~ ;A" Cn'an ~ ~i1A1~:;'<\>i', ~ limr;~~\~;~Y1'o'f?" v j ,:i \}f,: jf ~1:f^", '" J/ , \- "k~"," ',,1:\'" H:'~~: ,,~-- :~~'?, &}l'::.'i;;';;;'<~'- VJI,....;tt1T1 ,~;f"'Lk'.."lfJ(.,:;!_4it,l ':J;1tx~ "'~ti~~'''' ",-~~ y A, ~* t' ;;~~~~vl",./ "/""'~rt' " ~_',,"'_o~ f0'..."'i:Z"./- ",,~; ~~"'$~"ik%1.~i:",i<'${,.,.'t:; ~WiR1i""""._,,,~ w"' -"~f'~~l"'A''''k:i.) ~""'M "'~*~"" ",=~"><J;,,;Zi;i:t>li};~('0~...<S"''" <-<."'''-4i!l~~~...,.~f~h General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000558 Budget: Budget Category Federal Match Total Salaries and Benefits $108,516.00 $0.00 $108,516.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals .. $108,516.00 $0.00 $108,516.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated Income (PGI) No Application Ref # Contract 2007-JAGC-312 -JAGC-COLL- - - Section #4 Page 1 of 4 Application for Funding Assistance 16 J 2 Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Child Abuse/Sexual Offender/Sexual Predator Project II (2007) Total budget is from Federal funds as follows: Budget Categories: Salaries and Benefits Regular Salaries (1 position) = $78,562 Overtime = $1,000 Incentive = $820 FICA @ 7.65% = $6,149 Retirement @ 18.53% = $14,895 Health/Dental Insurance = $1,986 Life/Dism. @ .27% = $217 W/C @ 6.08% = $4,887 Total Salaries and Benefits = $108,516 Contractual Services = $0 Expenses = $0 Operating Capital Outlay = $0 Indirect Costs = $0 TOTAL = $108,516 SALARIES AND BENEFITS = $108,516 Funds are needed to support payment of the salary (including overtime for the one grant funded position and for other certified Deputies to assist when needed) and benefits for one Child Abuse/Sexual Offender/Sexual Predator Project II Certified Deputy who will be dedicated to project activities. Overtime benefits include FICA, retirement and W/C. The grant funded Deputy will be solely dedicated to the investigation, apprehension, and prosecution of sexual offender and sexual predator criminals who are committing crimes against children under the age of 18. This Deputy is needed to do periodic checks, to monitor and perform surveillance of sexual offenders/predators. The grant funded position supported with subgrant funds will continue to be in excess of the appropriated positions in the implementing agency. The projected base salary for the grant funded Deputy is $78,562. Benefits are listed above. A job description is attached. The Deputy will be responsible for performing and investigating both verifications as required by law as well as surveillance for offenders committing acts that qualify the individual to be registered. The Deputy would also serve as a liaison with other law enforcement agencies to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Deputy would train other agency Deputies on offender laws and requirements resulting in expanding the potential for apprehension and prosecution of additional offenders committing crimes against the children of Collier County. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative (Continued): CONTRACTUAL SERVICES = $0 EXPENSES = $0 OPERATING CAPITAL OUTLAY = $0 DATA PROCESSING = $0 INDIRECT COSTS = $0 TOTAL = $108,516 16J 2 - These project costs are not allocated or included as a cost to any other federally financed program. - These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. - These project costs are authorized by Federal or Florida Statues or local laws and regulations that are in effect at the time the subgrant is awarded. - These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other subgrant recipient activities. - These project costs are net of all applicable credits. - Federal funds will not be used to supplant State or local funds. - All project costs will be expended or obligated during the approved subgrant period - No local cash match. Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J 2 Section Questions: Question: Indicate the Qperating Capital Outlay threshold established by the subgrantee. Answer: 1000 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2007 -JAGC-312 -JAGC-COLL- - - Section #4 Page 4 of 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 2 Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21 , A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-87, "Cost Principles for State... Local and Indian Tribal Governments", or OMB Circular A-21 , "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2007 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 2 b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21 , A-a? and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2007 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 2 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2007 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Pr Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. c., 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice," 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The SFY 2007 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Progr Florida Department of Law Enforcement contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the .Certification of Audit Exemption>> form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY 2007 Page 5 Edward Byrne Memor'ial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project 1 a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2007 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.} d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. SFY 2007 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement rtl-"'"'. C: 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for SFY 2007 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 2 29. Drug Court Projects a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence s~stem. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. SFY 2007 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title II!), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INAn). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2007 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Progr Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example. in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee. upon specific request from the Department and the U.S. Department of Justice. agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable. with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant. or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31. United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief. that: SFY 2007 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 16J 2 (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvina Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary se/Vices, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory SFY 2007 Page 12 SFY 2007 1 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware. equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport. disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. . Page 13 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 use 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting SFY 2007 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 1 J 2 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojo.oov/aixdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Ceritification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2007 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. De~cribe the precautions that will be taken to insure administrative and physical security of identifiable data. SFY 2007 Page 16 16J 2 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Proaram SUBGRANTEE CERTIFICA liON I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . (Select one of the following): ~Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): -x-Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant applic ion for feder-al assistance is approved or face loss of federal funds. . ~~ ) ./" ~. ...-:-' ~ c~__ Signature of Subgrantee Authorized Official Type Name: Frank Halas Title: Chairman Subgrant Recipient: ('n 11 ;...r ('nllnt-y ('nmm; ~~; nil Date: ----- . -'" ( /?~. /" - /') , ~ / , (,1 AllT8T, .' oqa!l..... .,.. M:,\J :-, . ~. _ (-"'... . ". ,'-- . - " uf_()ii;~. ~ ;.-\t.t., .C,l. ::ljwst . "1'. ::>. ; ~ t " .1..t.... . onJ :Ii' 1.>"/. . _,. t., :::,\.,,:,,, ,'.rph"":"-'~; /:.::~' i'>: ~\. t~ __. , /)\'v\ =. ~ ~:L ~~ ----~~--.........-..- j;a\d~t." . .t .. , . . " i,i(f~ ,.. .~ '-' '.7'.."""....';;." . ~"'" J ~..~:t;1O<......,....1.~l;J FDLE JAG Grant Application Package EEO Certification Page 1 of 2 (April 2005) 16J 2. CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program i' IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Select one of the following): x Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. x Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 day~-ea. sub rant appl'cation for federal assistance is approved or face loss of federal funds. ..-------,....,< - ---- /'" . ------. __ ~_ I.__ ~. -. --- \ :.. Type Name: Don Hunter Name of Subgrant Recipient: ("n 11 ; j::lr ("nllnt-y ("nrrm; ~~ ; nn Name of Implementing Agency: Collier County Sheriff's Office Title: Sheriff Date: 5Mo/t),6 I I POLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) . . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 16J V'" tr#,'r:"~A;f"'?'~ ~ p,~ :; ~'~ ~- Z12">~l*!ff:-r ~ >7"; ~~~s,~0"" ,q ",">I :'''?~ :~ """" '" >;;'-~""1 ~ > O' <;-~~ . ~<'~ '.~~ 1,;L'; Pt.!ITM"~;~~:::;"<<"""f;Z;;:"if1i~,t:ij"ffitt~~~~:rrJ Secfl0n 6: Slgnaturss, ' ~ "" ";: ~~" - '"c " ;;,~,'h:,t;c:>I''''''$';'~''P:L,;;.12,','1l'1~ii c...'..&*"'........ /P_",J~_(,&%t"-,'"><~ 4\ ~ '.<\4" ,,,~:itlikx~<<4""';W,{"~~ ,-,~!<-*-~~""""",,","_, <N ~-Y.;y,~,t ~,1.ll~~"~iU Af~ n,' ..~~wl%"'Jwi'iwr;l/il<$'''''"~~~:r,f,.-;J.t'..m~j;y_A~k.. In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not Signature: Typed Name and Clayton H. Wilder, Administrator Date ss: - 11- () ~ Typed Name of SU~~~"""';"";nn Signature: ~ '_ / Typed Name and Frank Halas, Chairman Date & -:/-?J(c7 Signa Ty~ed t;J,~me and , '. . ..~:. ". ~~ ....' Date". (JFC,OI.,.I,..~'er County Sheriff's Office / -., "-.. Sh sho It') t, J I 11'1'.'" . "~:. D1iim1........ ,/ 't, - '.<'/ _ ~ ,.- ~~~h~U"O_C Application Ref # 2007 -JAGC-312 Contract -JAGC-COLL- - - ~:lofr~:y ",~........CoutJ ~ Section #6 Page 1 of 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ..t1 ( THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oft ice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lithe document is already complete with the exceotion of the Chairman's sil!1lature, draw a line throulid: routinl! lines #1 throulth #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. Conn i e 0ohn5on CDES Admin \'5 trtL -h'D r 2. 3. 4. 5. Sue Filson, Executive Manager Board of eounty Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Pa. tt-e(Son ( j l. II ;;). 00 (0 O(Jina.nce 06, 5 Agenda Item Number Number of Original Documents Attached Af rJA ttp A? I: Fonns! County Fonns/ BCC Fonns! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26,05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ture and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and aU changes made during the meeting have been incorpora ed the attaehed document. The Coun Attorne's Office has reviewed the chan es, if a Ucable. 2. 3, 4. 5. 6. 17 A ORDINANCE NO. 2006- 15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF eOLLIER COUNTY, FLORIDA, AMENDING SECTION 74-308 (g) OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE IMPLEMENTATION DATE FOR THE ANNUAL INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 22, 1999, the Board of County Commissioners adopted Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby establishing the County's then applicable Correctional Facilities Impact Fee rates; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"), and incorporating the aforementioned Correctional Facilities Impact Fee rates that had been established by the adoption of Ordinance No. 99-52; and WHEREAS, on September 27, 2005, the Board of County Commissioners adopted Ordinance No. 05-47, thereby updating the Correctional Facilities Impact Fee rates through the formal update study process; and WHEREAS, Ordinance No. 05-47 also set forth an indexing methodology to be imposed annually in an equitable and non-discriminatory manner; and WHEREAS, the annual indexing was scheduled to be implemented on or about November 1,2006; and WHEREAS, Collier County has experienced a rapid and dramatic increase in costs of construction and property acquisition, well above the national average, since Ordinance 05-47 was adopted; and WHEREAS, provisions in proposed legislation will allow for impact fees adopted prior to July 1, 2006, to remain in effect until July 1, 2008, at which time they must fully comply with all new provisions of law; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, given the rapid increases of costs, the annual indexing of the Correctional Facilities Impact Fee should be prepared early in order to meet the deadline established by the proposed legislation; and WHEREAS, this action will allow Collier County to continue to provide for capital improvements to the Correctional Facilities system necessitated by growth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Underlined text is added; Stmek thr-eHgt-t text is deleted /1 ,7A ' SECTION ONE. Article III, Special Requirementsfor Specific Types of Impact Fees, Section 74-308, Special requirements for Correctional impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-308. Special Requirements for Correctional impact fee. *** (g) Annual Mid-Cycle Correctional Impact Fee Rate Indexing. Beginning on November 1, 2005, the County shall commence a three-year Correctional Impact Fee update cycle pursuant to Subsections 74-201 (b) and 74-502(a) of the Code. In each of the two (2) mid-cycle years (between the formal three-year updates) beginning on or about No';ember 1, 2006 May 1, 2006, the County shall implement adjustments to the correctional impact fee rates based upon the building cost index provided by the Engineering News-Record. Mid-cycle indexed rate change adjustments will be adopted by a Resolution of the Board pursuant to Subsection 74-201 (b) of this Chapter. 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 portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions in Section One of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective immediately upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of April, 2006. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA "J" _ _, _ C'r .()(L. .,___:o:~~_ ^ 1;~~lc By: FRANK HALAS, Ch:::- ). ~: , . ,', ,,<J \ >I Approved as to form an eg sufficiency: . Klatzkow County Attorney Underlined text is added; Stmek threugli text is deleted Page2of2 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 2006-15 Which was adopted by the Board of County Commissioners on the 11th day of April, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of April, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissione,,~>:;; ,';,..., ~ ~:'. ,i :~".;:~,~:,:}:~~' ...t;j ,~~..". ; ,~~~~~ - ,. r> >.. .';,. '; ',','.' t. ~. ..... , " .~ 17 A 17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) To: Clerk to the Board: Please place the following as a: X Nonnallegal Advertisement (Display Adv., location, etc.) o Other: ........................................................................*...**.*.*********....*...*....... Originating Deptl Div: CDBS/ Impact Fee Administration Person: Amy Patterson Date: March 23, 2006 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. .!\prill 1. 2006 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION 74-308 (g) OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR A CHANGE IN THE IMPLEMENTATION DATE FOR THE ANNUAL INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACI' FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes D No If Yes, what account should be charged for advertising costs: 131-138902-649100 List Attachments: I. Ordinance Amendment DISTRIBUTIQN INSTRUCTION~ A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: U legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o 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:::>q~Y~ r t I \ I I \ ,\ I :2 ,..., \ I, Date Received:~ Date of Public hearing: ~ Date Advertised: ~ <Sip .. ".."'.,,,_______,_,>',.,, _,"".._,o,.,_.~.,..,.."",.___~.,,,~______.,,, 17A ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENDING SECTION 74-308 (g) OF CHAPTER 74 OF THE COLLIER COUNfY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNfY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE IMPLEMENTATION DATE FOR THE ANNUAL INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 22, 1999, the Board of County Commissioners adopted Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby establishing the County's then applicable Ccmectional Facilities Impact Fee rates; and WHEREAS, on Marcil 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"), and incorporating the aforementioned Correctional Facilities Impact Fee rates that had been established by the adoption of Ordinance No. 99-52; and WHEREAS, on September 27,2005. the Board of County Commissioners adopted Ordinance No, 05-47, thereby updating the Correctional Facilities Impact Fee rates through the formal update study process; and WHEREAS, Ordinance No. 05-47 also set forth. an indexing methodology to be imposed annually in an equitable and non-discriminatory manner; and WHEREAS, the annual indexing was scheduled to be implemented on or about November 1,2006; and WHEREAS, Collier County has experienced a rapid and dramatic increase in costs of construction and property acquisition, well above the national average, since Ordinance 05-47 was adopted; and WHEREAS, provisions in proposed legislation will allow for impact fees adopted prior to July I, 2006, to remain in effect until July 1, 2008, at which time they must fully comply with all new provisions of law; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, given the rapid increases of costs, the annual indexing of the Correctional Facilities Impact Fee should be prepared early in order to meet the deadline established by the proposed legislation; and WHEREAS, this action will allow Collier County to continue to provide for capital improvements to the Correctional Facilities system necessitated by growth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 11DliIIIlIIIId _Ill added; Sln*-"", _ iI .-J SECI'ION ONE. Article m, Special Requirements for Specific Types of Impact Fees, Section 74-308, Special requirement3 for CorrectioMl impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-308. Special Reqnirements for Correctioual impact fee. ... (g) Annual Mid-Cycle Correctional Impact Fee Rate Indexing. Beginning on November 1, 2ooS, the County shall commence a thJee-year Correctional Impact Fee update cycle pursuant to Subsections 74-201(b) and 74-S02(a) of the Code. In each of the two (2) mid-cycle years (between the formal three-year updates) beginning on or about Nev8meer 1, 200" Mav 1. 2006. the County shall implement adjustments to the correctional impact fee rates based upon the building cost index provided by the Engineering News-Record. Mid-cyc1e indexed rate change adjustments will be adopted by a Resolution of the Board pursuant to Subsection 74-20 1 (b) of this Chapter. SECI'lON TWO. CONFLICT AND SEVERABn.ITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions in Section One of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or :re-lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "sectiou," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective immediately upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of April, 2006. ATIEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRANK HALAS, Chairman ~_iI oddod; 11II........ tatll deIel<d Pop 2 of 2 17A 17A '!' ......... March 23, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Correctional Impact Fee Rates Dear Legals: Please advertise the above referenced notice on Friday, March 31, 2006, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 131-138902-649100 17A 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 11, 2006, 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 title of the proposed ordinance is as follows: THE BOARD WILL CONSIDER AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION 74-308 (G) OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR A CHANGE IN THE IMPLEMENTATION DATE FOR THE ANNUAL INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk ( SEAL) Heidi R. Rockhold 17A From: Sent: To: Subject: Heidi R. Rockhold Thursday, March 23, 2006 3:28 PM 'Iegals@naplesnews,com' Correctional Impact Fee Rates Attachments: Impact Fee Correctional.doc; Impact Fee Correctional.doc Legals, Please advertise the above mentioned notice on Friday, March 31,2006. Impact Fee Impact Fee :orrectional.doc (2..:orrectional.doc (2.. If you have any questions, please call me at. Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) Heidi Rockhold Heidi R. Rockhold 17A From: Sent: To: Subject: Clerk Postmaster Thursday, March 23, 2006 3:28 PM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT3715909.txt; Correctional Impact Fee Rates 1!:1 ~ ~ L:::J ATT3715909.txt :orrectional Impact (231 B) Fee Rates This is an automatically generated Delivery Status Notijication. Your message has been succes.'4idly relaJ:ed to thefollrHving recipients, but the requested delivery status Ilot(jlcations ma.y not be generated l~y the destination. legals@)naplesnews.com Heidi Rockhold Heidi R. Rockhold 17A From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, March 23, 2006 3:28 PM Heidi R. Rockhold Delivered: Correctional Impact Fee Rates Attachments: Correctional Impact Fee Rates r::::-:......1J L2:::J :orrectional Impact Fee Rates <<Correctional Impact Fee Rates>> Your message To: legals (ii?naplesn elt's. com ,Subject: Correctional Impact Fee Rates 5'ent: Thu, 23 114ar 2006 J 5:28:07 -0500 was delivered to thefollrHving recipient(s): legals on Tim, 23 lv/ar 2006 15: 28: /7 -0500 Heidi Rockhold Correctional Impact Fee Rates Heidi R. Rockhold From: Perrell, Pamela [paperrell@naplesnews,com] Sent: Thursday, March 23, 2006 3:33 PM To: He~iR,RockhoW Subject: RE: Correctional Impact Fee Rates OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collierJl.us] Sent: Thursday, March 23, 20063:28 PM To: legals@naplesnews.com Subject: Correctional Impact Fee Rates Legals, Please advertise the above mentioned notice on Frida}', March 31, 2006. <<Impact Fee Correctional,doc>> <<Impact Fee Correctional. doc>> If you have any questions, please call me at. Heidi R. Rockhold Clerk to the Board of County Commissioners l'vfinutes and Records Department (Phone) 239-774-841 J (Fax) 239-774-8408 (heidi.rockhold@clerk.collierfl.us) 3/2312006 Page 1 of 1 17A Affidavit of Publication State of Florida County of Collier NOTICE Of PU8LIC HEARING '.,:.W~1~eIS.~, re~l C~~;~j ':".~~",mlssloners of Col- t, :ller County will hold a "'l!UIlllc hearIng on Tues- t'day, April 11. 2006, Ind .''th'e Boardroom, 3r . f1\)or' Adllllnlstratlon Building, Collier County 'Government Center, 3301 East Tamlaml Trail, !'taples, florlda. The meetIng will beglfn that ~ AM. The title 0 e l?:ropo'sed ordinance Is as follows: , \ : THE BOARD WILL CON- SIDER AN ORDINANCE ",()f THE BOARD Of "COUNTY COMMISSION- 'ERS Of COLL1ER COUN. TY fLORIDA, AMENDING SECTION 74-308 (G)THOfE .CHAPTER 74 Of . '. eOLLIER .cOUNTY CODE Of LAWS AND ORDI-! ,-~" THAT ORDI- ~~8{~EING THE COL. \ -~UE~ COUNTY CONSOLI-I DATED IMPACT fEE OR- \ ,,,plNANCE. NO. 2001-13, " N P OVID- \ r~t cr~:;~ , 'INo. fOR CON- . . "IVERA8ILI- o'forflG FOR IN. N IN THE CODE WS AND ORDI- NANCES: AND PROVID- b'1~l:l1l AN EFFECTIVE NOTE:' All Persons WIS.h- Ing to speak on any aginda item must regiS- ter wlttlthe County Ad., mlnlstrator prior to pre- sentation Of the agenda '\ Item to be addressed. Indlvldual~akers will be limited to 5 minutes on any: .ltem. The selec- tion of an Individual to speak on behalf of an organization or group Is encouraged. If recog- nized by the Chair, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an Item. Persons wishing to have wrItten or graphic materials Inclulled In\ the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to the re-' .....ll'.. p...bllc~rlng" In any case. written ma. i terlals Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en .days prior to the pUblic hearing. All ma- terial used In. presenta- tions before the Board will become a perma. nent part of the record. Any person whode"ld- es to appeal a deciSion of. the Board will need a' record of the proceed. I Ings pertaining thereto ana therefore. may need to ensure that 'a verba- tim record of the pro- ceedings Is made, which record Includes the tes- timony and evidence upon which the appeal Is based, 80ARP Of COUNTY COtoNlSISONERS COLLIER COUNTY. ~~R~rHALAS, CHAIR- ~~NIGHT E, BROCK, CLERK . By: Heidi R. Rockhold, Deputy Clerk ~~~~1 No. 1351963 17A o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary ofthe Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper time(s) in the issue March 31st, 2006 Affiant further says that the said Naples Daily I'ews is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lce counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, 5. ---1 ( Signature of affiant) Sworn to and subscribed before me This March 31 st, 2006 ~;ff Ii<A7J . (. ign:~:"Of OOl31y public) / ,~?-., 'A"'~~,\ Harriett Bushon] \:.".J!"".~:f, MY COMMISSiON # DD2346&/ EXPIRES C^,;,;;"ro~/ ", ' . July 24, 2007 ; . ~ CHI! i-H)/I iP()Y F<\lN I~.C:I n).'~NCE fNC COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating DeptJ Div: Comm. Dev. Serv '/Planning Person: j...,o.1 1-\t:,0Ltl ~~ ~ ~ T 1>1. Date: ~ \ 1 (.l~ t> Petition No. (If none, give brief description): A V ~ \.. ~"'i 'Z. CD 1; - A R. Bl.l ~ ~ Petitioner: (Name & Address): ululb LA G"~ iA , S~ b '4It\A c.. T. ,..,A.f~"-~\ fL. ~4.\6<t> Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before ~ BZA Other Requested Hearing date: A.,('l"., \\,2..ot:.t.o Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size): Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 'G 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: Department Head 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 for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received:~ Date of Public hearing: ~ t \. t d.o 3 l~ Ob Date Advertised:~ 178 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR PETITION A VEPLA T2005- AR8683, TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 7.5-FOOT WIDE UTILITY EASEMENT ALONG THE EAST LINE OF LOT 50 AND THE EAST LINE OF THE NORTH 55 FEET OF LOT 11, THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH LINE OF LOTS 11 AND 12, AND THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE SOUTH LINE OF LOTS 49 AND 50, ALL IN BLOCK 61, NAPLES PARK UNIT NO.5, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Robert K. Lockhart, P.E., as agent for petitioners, Nicolo and Domenico LaGrasta, the Managers of Mind Investments of Florida L.L.C., does hereby request the vacation of the 7.5-foot wide utility easement along the east line of Lot 50 and the east line of the north 55 feet of Lot 11, the 5-foot wide utility easement along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida; and WHEREAS, the Board of Collier County Commissioners has this day held a public hearing to consider vacating said utility easements, more particularly described in Exhibit "A", and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the 7.5-foot wide utility easement along the east line of Lot 50 and the east line of the north 55 feet of Lot 11, the 5-foot wide utility easement located along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein, are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRANK HALAS, Chairman Sheet I of 2 A VPLA T2005-AR8683 178 EXECUTIVE SUMMARY Petition A VPLAT2005-AR8683 to disclaim, renounce and vacate the County's and the Public's interest in the 7.5 foot wide utility easement located along the east line of Lot 50 and the east line of the north 55 feet of Lot 11 and in the 5 foot wide utility easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all in Block 61, according to the plat of "Naples Park Unit No.5" as recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida, located in Section 28, Township 48 South, Range 25 East. OBJECTIVE: To adopt a Resolution to vacate the 7.5 foot wide utility easement located along the east line of Lot 50 and the east line of the north 55 feet of Lot 11 and to vacate the 5 foot wide utility easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all in Block 61, according to the plat of "Naples Park Unit No.5." CONSIDERATIONS: Petition AVPLAT2005-AR8683 has been received by the Engineering Services Department from Robert K. Lockhart, P.E., as agent for the petitioners, Nicolo and Domenico Lagrasta, requesting the vacation of the 7.5 foot wide utility easement located along the east line of Lot 50 and the east line of the north 55 feet of Lot 11 and the vacation of the 5 foot wide utility easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all in Block 61, according to the plat of "Naples Park Unit No.5." The easements are being requested to be vacated so that the petitioners can construct a commercial building on this site. Letters of no objection have been received from the Collier County Public Utilities Division, Collier County Engineering Services Department, FPL, Sprint and Comcast. Zoning is C3. FISCAL IMPACT: The Engineering Services Department has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the petition. GROWTH MANAGEMENT IMPACT: There IS no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATION: The utility easements need to be vacated in order not to have the proposed building encroach into these easements. This will avoid any title concerns regarding the location of the proposed building being in an easement. Sheet 2 of 2 A VPLA T2005-AR8683 178 RECOMMENDA TION: Recommendation to: 1. Adopt the Resolution for Petition A VPLAT2005-AR8683 for the vacation of the 7.5 foot wide utility easement located along the east line of Lot 50 and the east line of the north 55 feet of Lot 11 and for the vacation of the 5 foot wide utility easement located along the north 5 feet of Lots 11 and 12 and along the south 5 feet of Lots 49 and 50, all in Block 61, according to the plat of "Naples Park Unit No.5"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy ofthe Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. Prepared by: Rick Grigg, Land Surveyor, Engineering Services Department 178 March 15,2006 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: A VPLAT2005-AR-8683, Naples Park Unit No.5 Dear Legals: Please advertise the above referenced notice on Sunday, March 19,2006 and again on Sunday, March 26, 2006, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Heidi R. Rockhold, Deputy Clerk P.O./Account # 113-138312-649110 178 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 11, 2006 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 AVPLAT2005-AR8683 to disclaim, renounce and vacate the County's and the Public's interest in the 7.S-foot wide utility easement along the east line of Lot 50 and the east line of the North 55 feet of Lot 11, the 5-foot wide utility easement along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, according to the plat thereof recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida, and located in Section 28, Township 48 South, Range 25 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts COl!pty-ofGol,lier CLERK OF THB-CIJ{CQIT COURT COLLIER COUNTY g<?URTllpUSE 3301 TAMIAMI TJ,{AIL EA'$T P.O. BOX 41'~044 '. NAPLES, FLORIDA~,4101-3044 " l't 178 Clerk of Courts Accountant A udi tor Custodian of County Funds March 15,2006 Nicolo LaGrasta 535 Roma Court Naples, Florida 34108 Re: Petition A VPLAT2005-AR-8683, Naples Park Unit No.5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 11, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 19,2006 and again on Sunday, March 26, 2006. You are invited to attend this public hearing. Sincerely, ~WGHTE.BROCK'CLERK cL Q g(jC~o,J)e . eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.t1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.t1.us Heidi R. Rockhold 178 Attachments: Heidi R. Rockhold Thursday, March 16,20068:53 AM 'Iegals@naplesnews.com' AVPLAT2005-AR8683, North Naples Unit NO.5 A VPLA T2005-AR8683,doc; A VPLA T2005-AR8683,doc From: Sent: To: Subject: Legals, Please advertise the above mentioned notice on Sunday, A1arch 19. 2006 and again on Sunday, March 26.2006. AVPLAT200S-AR86 AVPLAT200S-AR86 83.doc (30 KB) 83.doc (29 KB) rr you have any questions, please call Heidi R. Rockhold Clerk to the Board of Count,v Commissioners lvlinutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) Heidi Rockhold Heidi R. Rockhold 178 From: Sent: To: Subject: ClerkPostmaster Thursday, March 16,20068:53 AM Heidi R Rockhold Delivery Status Notification (Relay) Attachments: ATT2616301,txt; AVPLAT2005-AR8683, North Naples Unit NO.5 lir;l ~ El-~ ,~,."....,. ", c' '<"--' ATT2616301.txt AVPLAT200S-AR86 (231 B) 83, North Naple... 'T'I.. . , . II I [ry I' S' ^! 'f' , filS lS an automatzca y generate(. e lve~y , tatus lvotpcatlOn, Your lnessage has been succes'.~fitlly relayed to thefollovving recipients, but the requested delivery status not(jlcations' may not be generated b.y the destination. I egals@!.llaplesnevvs,com Heidi Rockhold Heidi R. Rockhold 178 From: Sent: To: Subject: System Administrator [postmaster@naplesnews,com] Thursday, March 16,20068:53 AM Heidi R. Rockhold Delivered: AVPLAT2005-AR8683, North Naples Unit No, 5 Attachments: AVPLAT2005-AR8683, North Naples Unit No, 5 f~..-: -:.i1 L::-.J AVPLAT2005-AR86 83, North Naple,,, <<A VPLA T2005-AR8683. North Naples Unit No.5:>> Your lnessage To: legals(j}?naplesne11Js.com SuNect: A VPLAT2005-AR8683, North Naples Unit No.5 Sent: Thl{, 16 Afar 2006 08:52:46 -0500 was delivered to thejbllowing recipient(')'): legals on Thu, 16 iVaI' 200608:52:52 -()500 Heidi Rockhold -w_u _". ... . .."'~_""'_.__,____...,~__~_""'^"'.,._______'_....__ 178 Heidi R. Rockhold From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, March 16, 2006 10:59 AM Heidi R Rockhold Delivered: RE: AVPLAT2005-AR8683, North Naples Unit No, 5 Attachments: RE: AVPLAT2005-AR8683, North Naples Unit NO.5 f:.~ ~--:-1 L=-.J RE: T200S-AR8683, Nor <<RE: A V'PLA T2005-AR8683, North Naples Unit No. 5~>> Your mess'age To: Perrell, Pamela S'ul?ject: RE: A VPLA T2005-AR8683. North Naples Unit No.5 Sent: Thu, 16lvlar 2006 10:58:43 -0500 was delivered to thefollowing recipient(:>;): Perrell. Pamela on Tint. 16 iHar 20()6 10:58:48 -050() Heidi Rockhold A VPLAT2005-AR8683, North Naples Unit No.5 Heidi R. Rockhold Page 1 of 1 178 .~~~~~___,~^__,.~~~,~~~~~~__~...._~_.~~~...,~"_~.~~y~~"~m_'~^~_"_~N..~V.~,,^.~.,,__..~~"^'.'^,~_~'~'m^.~..-_'__~~~~'m'.,,~,~..,~~~~~~'~~'_""""^'~'^'_'~~V^~V'~_~"~~,,_,_~'~~'~-~'^~~^,~,~.'~- From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, March 16, 2006 11 :50 AM To: Heidi R Rockhold Subject: RE: AVPLAT2005-AR8683, North Naples Unit No, 5 OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@derk.collierJl.us] Sent: Thursday, March 16, 2006 8:53 AM To: legals@naplesnews.com Subject: AVPLAT2005-AR8683, North Naples Unit No.5 Legals, Please advertise the above mentioned notice on Sunday, kfarch 19, 2006 and again on Sunday, March 26,2006. <<A VPLA T2005-AR8683.doc>> <<A VPLA T2005-AR8683, doc>> flyou have any questions, please call Heidi R. Rockhold Clerk to the Board of County COl1unissioners .Minutes and Records Department {Phone} 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) 3/16/2006 178 RESOLUTION NO. 2006-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR PETITION A VPLAT2005- AR8683, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIe's INTEREST IN THE 7.5-FOOT WIDE UTILITY EASEMENT ALONG THE EAST LINE OF LOT 50 AND THE EAST LINE OF THE NORTH 55 FEET OF LOT 11, THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH LINE OF LOTS 11 AND 12, AND THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE SOUTH LINE OF LOTS 49 AND 50, ALL IN BLOCK 61, NAPLES PARK UNIT NO.5, AeCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Robert K. Lockhart, P.E., as agent for petitioners, Nicolo and Domenico LaGrasta, the Managers of Mind Investments of Florida L.L.c., does hereby request the vacation of the 7.5-foot wide utility easement along the east line of Lot 50 and the east line of the north 55 feet of Lot 11, the 5-foot wide utility easement along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida; and WHEREAS, the Board of Collier County Commissioners has this day held a public hearing to consider vacating said utility easements, more particularly described in Exhibit "A", and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the 7.5-foot wide utility easement along the east line of Lot 50 and the east line of the north 55 feet of Lot 11, the 5-foot wide utility easement located along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 ofthe Public Records of Collier County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein, are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of ,2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRANK HALAS, Chairman By: tzkow t C nty Attorney 178 SCA7E,,: 5o'WILLIAM McALEAR LAND SURVEYING INC.' P.O. Box 9732 Naples, FL 34101-9732 . Telephone: (941) 597-7428 Fax: (941) 597-~803 Easements to be vacated: EXHIBIT "A" SHEET 1 OF 1 A VPLA T2005-AR8683 The East 7.5"feet of Lot 50 and the East 7.5 feet of the North 55 feet of Lot 11, Block 61, Naples Park Unit No.5 as recorded in Plat Book 3 Page 14 of the Public Records of Collier County, Florida And The South 5.0 fe~t of Lots 49 and 50 and the North 5 feet of Lots 11 and 12 of Block 61, Naples Park Unit No.5 as recorded in Plat Book 3 Page 14 of the Public Records of Collier County, Florida. ~ .l :;"} 78 /Tt/c,JJ 1.../ If: N" \\ ~ S &:;- ~ 57 00 " a- u ~-c:> $0 . sa., /00' \l I- I.t < ~ / "'l \ : \. I \) :"J \~ 2. "l ~ \, "l \ 't "I -'7 16 17 \., \~ ~ s~; l , I.J :, !r, I ., ., ... . "- .., '^ 1 I.; "- <9- "" t .. 't /" 6"0 c I " , : '-":/./s..:,-u:'......)7 S "'I t N \~ f '" (J .5 ' E/?S . I"?c /\/ 7 _no , "I \) .., ----- ---_. -- ..- _.. /3 L 0 c- h' - 6/ 11- ;'.1 ~ Q 1'- II 7 " ,It) ~ - - I.rJ ~ B 0 M N "- V} 0 I ;:) 7- "1 Il.> N C) 10 1') so .!." 0 .5- a . 100 ..s 8;; · -_._--- ,5-7' 00'" c: l- 76'7"1 4uE.-v uE .--..../. I HEREBY CERTIFY to ~)C"'\~,T "'A " IOD PLANE CERTIFlCA TION ACCORDING TO THE 1.M. MAP, COMMUNITY - PANEL NUMBER: 0" 6' 7 O/9'J./) DATED: f5 - J - &. G DRAWN BY: ~ DA TE.' CHECKED BY: ~ DA TE.' /- 2'7 - ",.- PROPERTY APPEARS TO BE FLOOD ZONE (x) F RVEY DATE FIELD WORK REG. #3667 NOTE BEARINGS ARE BASED ON THE i ;; 6' 7''''''' 4v"c, rV.- e -s7-c.-o5 ~z--- W1LUAM V, McALEAR PLS. 178 o NAPLES DAILY NEWS Published Daily Naples, FL 34102 . AVPLAT20Q5.AR8683 '. NOTICE OF , 'PUBliC HEARING , Notice Is hereby given that the. Board Of County Cl!l~mlssloners of Col- Her County will hold a Ildbllc hearing on Tues. d.y ril 11. 2006 In the room, 3rd Floor. matlcln Building. C lIer County Govern- ment Center. 3301 East Tamlaml Trail. Naples. Flbr~.!-. The meeting wpl_'n at 9:00 A.M. P d will consider A Vd PLA T2005. to Isc/alm, reo unc. alld v!lJcate the !o!I1tl/'s Il1d the Pub. II 'f lriterest In the 7.5- fClOt wide utility ease- mellt aIona the east line of. I:;Ot 50 ""and ,the east Ilne~of tile North.55 feet of, LOt U. fM 5-foot wide u~lIIty ea.ement along the:.'nortfl line of Lots 11 a~. 12, and the 5.foot wi utility easement ala g .the south IIn.e of L 49 and SA. all In B k 61, Naples- Park UI\I No. S. according to the~Plat thereof record. ed n Plat Book 3. Page 1~ f the PUblic Recorlls 01\ oilier County, FIori. da. .and located '" Sec. tiblt, 28. Township 48 S~upt, Range 25 East. NIU:AII.P'.' rso.ns wiSh. In to speate on any a cia Itlim must reglS. te l'ilth the County Ad. m nlstrator frior to pre- s tlOn 0 the agenda It rtI to be, adefreUed. In itldual s/leaken will b J~mlted to 5 minutes 01),1Iny ltem... ltIe selec. tllof an ..,n. illVld. ua I to s 1<' onti.ehaff of an or Izatlon or group is e uraged. If recog. 111 d by the Chair. a spokesperson for a gr~p Or organization mlJ be allotted 10 min. ~Itl's to speak on an It~. Persons wls/llng to ha. written or graphic malerlals InclUded In the 'Soard a~/l. pack. ets must lubmltsald material a minimum of 3 we.ks prior to the ."" sp~lve Putlllc hearlltg. In lily case. written me. tertllls Intended co be cons,fdered by the Bo,ar.d Shall be~W4-to the~aj:lproprl&te County sta.. a mlnlm4m of sev. en~. IIYS prior to the p c hearing. All ma. te I used In presenta. tl before the Board wllto become a perma. nent Pllrt. of the record. Ar.w- person who decld. es to 1jl,"1 a decision of the lfOard will need a record of the proceed- lOgs perta.lnlng thereto allld therefore, may need, to ensure that a vE!ll'batim "cord of the pllj)ceedlngs is made. w~lch record Includes the testimony and evl. dence upon which the 'appeal Is bqed. BOAROOF COUNTY COMMISSIONERS fLg~151 ER C Cl,U N TV, ~~~NK HALAS. CHAIR. D~IGHT E. BROCK. CLERK By: Heidi R. Rockhold. Deputy Clerk (SEAL) Mar. 19, 26 No. 1346192 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 2 time(s) in the issue March 19th and 26th, 2006 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; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post oflice in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /1. ---r ( Signature of affiant) Sworn to and subscribed before me This March 27th, 2006 /,~ ~ (Signature of notary public) ..~~'p;l", Harriett Bushon] ~'?\l;.?t.f:~ MY COMMISSION # DD23466) EXP1RE~ ~:'.,~":<lf July 24, 2007 -, :. ~~":, '.'f' .:lNDfP THRl! TROY fAIN INS I 'RANCE INC ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's signature, draw a line through routing lines III through 114, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number tR5 JDhn Agenda Item Number /'78 I Yes (Initial) N/ A (Not A licable) -~ Number of Original Documents Attached J-H J1 Jt+ I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be awa e of your deadlines! The document was approved by the BCC on II ~{.; (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 178 .It .... v RESOLUTION NO. 2006- ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOR PETITION AVPLAT2005- AR8683, TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 7.5-FOOT WIDE UTILITY EASEMENT ALONG THE EAST LINE OF LOT 50 AND THE EAST LINE OF THE NORTH 55 FEET OF LOT 11, THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE NORTH LINE OF LOTS 11 AND 12, AND THE 5-FOOT WIDE UTILITY EASEMENT ALONG THE SOUTH LINE OF LOTS 49 AND 50, ALL IN BLOCK 61, NAPLES PARK UNIT NO.5, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST. \. '/ WHEREAS, pursuant to Section 177.101, Florida Statutes, Robert K. Lockhart, P.E., as agent for petitioners, Nicolo and Domenico LaGrasta, the Managers of Mind Investments of Florida L.L.c., does hereby request the vacation of the 7.5-foot wide utility easement along the east line of Lot 50 and the east line of the north 55 feet of Lot 11, the 5-foot wide utility easement along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida; and WHEREAS, the Board of Collier County Commissioners has this day held a public hearing to consider vacating said utility easements, more particularly described in Exhibit "A", and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the 7.5-foot wide utility easement along the east line of Lot 50 and the east line of the north 55 feet of Lot 11, the 5-foot wide utility easement located along the north line of Lots 11 and 12, and the 5-foot wide utility easement along the south line of Lots 49 and 50, all in Block 61, Naples Park Unit No.5, as recorded in Plat Book 3, Page 14 of the Public Records of Collier County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein, are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. -f!j This Resolution adopted after motion, second and majority vote favoring same, this II day of A pr,'/ ,2006. A TTEST,.,~':).:.." ::. . , DWIGI1T'$..~ROCK, <;=LERK < ',//;" -::" ,I'i2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ -:;;;Je ~ By: FRANK HALAS, Chairman 3822202 OR: 4019 PG: 3807 RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 04/19/2006 at 09:13AM DWIGHT B. BROCK, CLBRK RBC FER 18.50 COPIBS 2.00 Retn: CLBRK TO THE BOARD INTBROFFICB 4TH FLOOR BIT 7240 *** OR: 4019 PG: 3808 *** SCA~~,= ~o'WILLIAM McALEAR LAND SURVEYING INC. 17 B P.O. Box 9732 Naples, FL 34l 0 l-9732 Telephone: (941) 597-7428 EXHIBIT "A" Fax: (941) 597-2803 SHEET 1 OF I Easements to be vacated: AVPLAT2005-AR8683 The East 7.5'feet of Lot 50 and the East 7.5 feet of the North 55 feet of Lot 11, Block 61, Naples Park Unit NO.5 as recorded in Plat Book 3 Page 14 of the Public Records of Collier County, Florida And The South 5.0 fe~t of Lots 49 and 50 and the North 5 feet of Lots 11 and 12 of Block 61, Naples Park Unit NO.5 as recorded in Plat Book 3 Page 14 of the Public Records of Collier County, Florida. ~ \\ t:' \) ~ c:; ..., -;;.( / / /1// '.!" ,A.J u E /1./ / " &7 ~ 5"7 ..s s~ so so' I. ~ ~ ~ \. I \:.! ~ s~; l ~ '1 ..... -'7 '6 17 " '1 ... --I <( Z <.9 0::: o ~ :J <( ::> a 0:::: o o a.. ~ M ..... /" :: 6'0 S 1.-':""1S~rJr.r.....17 S ". E/]S . r7.c/l./ 7 ---. ,. LJL oc.. -I-'( - 6/ '1 4 1.1 I?- I)... II (\ It So ",,- (.> .5- 6 .s 8;; · .$- 7' 00'/ 76' -;-'-1 rfu.r",,; vE AJ. /? /00' '-1 \! "'l :'-l , \ \~ t 't , ~ \~ "- ~ Vj ") o "'A .' I HEREBY CERTIFY to s.. )C "" \ ~ \ , 100 PLANE CERnFICATION ACCORDING TO THE DRAWN BY: ~ I.M. MAP, COMMUNITY. PANEL NUMBER: DATE: , OeJc7 ol;-l./JDATED: 6- J -86 CHECKED BY: ~ DATE: /- 2'1- "",- PROPERTY APPEARS TO BE FLOOD ZONE (X) NOTE ~Z-- =- OF SURVEY DATE FIELD WORK BEARINGS ARE BASED ON THE ri. INnARY -riA T1=' REG. #3667 Y G :;-1'"-/ 4v-c. - /V. P.LS. .C,4 .t.. / -;2. 7 - O.r FIELD BOOK: S $Y.S7-oo5 WILUAM V. McALEAR PAGE NO.: SECTION 28 48 7_S- E ,TWP' S.RGE ....., """' ~-, r-- ,.. . -- I ,_ .__,__o_,,"___.__~'._"_~ / 2. \) II) ~ ~ 3 .., , ... . II\. '-I ~ '" "1 s Ii) l-.I b '" \) ~ \J 7 () ,I') 8 <:) '" 7' I "l N /0 () ~) /00 /3: l\'Q " '\). ( cr \ \ PROJECT NO.: PROJECT NAME: Utility Release 60134 Goodlette-Frank Road 3822368 OR: 4020 PG: 0186 RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 04/19/2006 at 10:20AK DWIGHT B. BROCK, CLBRK RBC FBB 171.50 v Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR EXT 7240 178 Prepared by: 11 Esquire 11 T Chadwe , E ~n of the County Attorney ~~~C~a~t TaMi.-i T~~il Naples, Florida 341 (941) 174-8400 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT is made and entered into this (6ft- day of A,l-t L- , 2006, by and between Collier County, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "County"), and SPRINT-FLORIDA, INCORPORATED, successor by merger to UNITED TELEPHONE COMPANY OF FLORIDA, whose mailing address 6391 Sprint Parkway, Overland Park, KS 66251, Mail Stop: KSOPHT0101-Z2040 (hereinafter referred to as "Utility"). WITNESSETH: WHEREAS, the Utility has an interest in that certain tract or parcel of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the UtIlity to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities from the Property into the road right of way, sidewalk, utility, drainage and maintenance purposes, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors and assigns, for the purpose of constructing, improving, and operating road right of way, sidewalk, utility, drainage and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: SUBORDINATION OF UTILITY INTERESTS SPRINT ARNL'11UPRN_3.2.&':1.1 /;; OR: 4020 PG: 0187 178.... NATURE OF DATE FROM OR AGAINST ENCUMBRANCE IN FAVOR OF RECORDED BOOK-PAGE Deed of 12/17/75 Barnett Bank of Naples, Easement E.H. Frank and Mary K. Frank, Paul L. Frank and Jacqueline C. Frank, Wilderness Country Club Partnership, L TO, a Florida Limited Partnership, and Wilderness Corporation, a ..... FI()riclCl(~()rp()rati()Il.. United Telephone Company of Florida, a Florida corporation o R Book 637 Pages 865 - 877 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST:"'., I.' ..' '~ DWIGHT E. BROCK;,.CI~rk BOARD OF COUNTY COMMISSIONERS COLLIER COU~~A BY: ~ ~ FRANK HALAS, Chairman Approved as to form and legal sufficiency: tf!~ ~~h;-,_ . ........-; lien T. Chadwell - Assistant County Attorney SUBORDINATION OF UTILITY INTERESTS Signed, sealed and delivered in our presence as witnesses: OR: 4020 PG: 0188 ,1 tJ~ 178 Name: Sprint-Florida, Incorporated successor by merger to United Telephone Company of Florida 6500 Sprint Pkwy ::.rla;LKS~ -ft. : "idgNice President WI Name' STATE OF Ka tiS ~.s COUNTY OF -:foh"'-S4J-'\. The foregoing Subordination of UtiliW Interests was acknowledged before me this ~'lA-tfay of ~~G~ ,200/~by L~s h1~t'ouIl-t1- (Name), as ,'Co(, A J. ~. (Title), of Sprint-Florida Incorporated successor by merger to United Telephone Company of Florida, who is personally known to me or who has produced . , as identification. (affix notarial seal) ,.~. \:CWtCW.i . SEAL:~ "''';~'JJ.....?/ -~lIiIt'" JANE A. LIBERATOR MY COMMISSION EXPIRES December 18. 2009 (Slgnat e of Notary Public) .::G. He. A. L/kJl"d./';"'" (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission #: (if a~ My Commission Expires: c. If, ~ SUBORDINATION OF UTILITY NTERESTS '''''':04 OR: 4020 PG: 0189 SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, PLORIDA PARCEL NO. 701 PROPERTY OWNER: 5/3 BANK REFERENCE: O.R. 3773. PG. 1287 LINE L1 L2 LJ L4 L5 P.O.C. P.O.B. R.O.W. ~ N o SCALE: 1" = 50' LINE TABLE LENGTH 14.02 45.00 35.00 45.00 35.00 BEARING SOO.39'49"E NOO'39'49"W N89'20'11"E SOO'39'49"E S89.20'11"W o o + ..- C'\I C'\I I"') ~ .....r-.... C\j O~ ~:c::_ oq:c c :z:"' . ::::> ....., O'l o~8 U.....c c Q::v)r-.... l&J"t"> - t'\ O'l ......'-L..C ...... O~~ UI"')Q 1O~ I"')~ .V) 0:: o a", 0 oq:~ 0 O. + 0:::0 en ~cr: ..- C'\I f'... 2.. - '<Co I<'j 0::"'- ~ l1:"-- ll) 1'--' ~ ~~ . Cl'l ~ ~ LwCC t"'> -J a c. :.?: O~ 0 0<':> 0 <..:1'-' + CX) or- C'\I - POINT OF COMMENCMENT - POINT OF BEGINNING = RIGHT-OF-WAY I I I I I I I I I I I +65.00 45.04, R I . I I I I I I I I I I I I r-- LANDSCAPE EASEMENT I O.R. 205J PG 1707 I IP.D.C. I NORTHVrEST PROPE:RTY CORNER I 8 o o + o C'\I C'\I P.D.B. I +20.00,1 45.04, R PARCEL 701 PROPOStD T.G,E. )<. (1575 SQ. FT. :f:) &0 o<C? 00' '., 'I? c o + I'- ..- C'\I I I I : I II I ~ fii ~I ~I ~ -\ I ~I ~I I ~I I ~ ...1 III, ~! I I I ~ 11 I I I I I , I I I! I J ! I~, =:311 I~I' I ~I! >-' I~ I ~I lei fiQ.JI;. BEARINGS ARE BASED ON THE SURVE:Y BASELINE OF GOODLETT'E: ~ANK ROAD AS BEING N 00.39'49- W. ~ a (fj ~ >- ~ Q:: ~ r-.... C\j ~ - c c C(j "'- a CO c ~ c a ~,.~ C\j ~ct ~ !Xl .. I.{) "'"> ~ ~ ~~ ~ ~ V) 8 ~ o EXHIBIT {j ~ of 17 THIS LECAL DESCRIPTION AND SKETCH PREPARED BY: OF 2 ..... :::: GNOLI ..... ::::: BER & :::::: . ...... RUNDAGE,IIfC. Professional engineers, plannerS. & land surveyors C.Wer C.IUltr. 1II1It. 200, 7400 T...IODU Troll, NOI'IhI N.pl.., n. Uloa (8g)5117-3111 Lo. C.""tr. 1IGIt. 101, 1525 Bond.,. _I. r.rt )(:ron. n. 331101 (23gIliU-1I73 c.rt.I1I..t. .f J,uth......U... II... UI SH4 ODd BII 30M rUI (23g_-2203 DATE: JUNE 17. 2005 PROJECT NO,: 8081-GR FILE NO:~ SECTION 27, TOWNSHIP 49 SOUTH, RANGE COLLIER COUNTY, ~LORIDA OR: 4020 PG: 0190 25 EAST 1 7 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; W COMMENCING A T THE NOR TH WESTERL Y CORNER OF THE 5/3 BANK PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3773, PAGE 1287 SAID POINT ALSO LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF GOODLETTE FRAMK ROAD (C.R. 851) (170' R. O. W.) AND SAID POINT ALSO BEING THE SOUTHWESTERL Y CORNER OF THE COLLIER COUNTY PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 3534 PAGE 1749 AND 1753 PUBLIC RECORDS OF COLLIER COUNTY F'LORIDA; THENCE SOUTH 00.39'49" EAST ALONG THE EASTERL Y R. O. W. LINE OF' SAID GOODLETTE F'RANK ROAD A DISTANCE OF' 14.02 F'EET TO THE POINT OF' BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID LINE NORTH 89.20'11" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 00.39'49" EAST ALONG A LINE 35.00 FEET EASTERL Y OF AND PARALLEL WITH SAID R.O. W. LINE A DISTANCE OF' 45.00 F'EET; THENCE SOUTH 89.20'11" WEST TO AN INTERSECTION WITH THE AF'ORESAID R.O. W. LINE A DISTANCE OF 35.00 FEET; THENCE NORTH 00.39'49" WEST ALONG SAID R.O. W. LINE A DISTANCE OF 45.00 FEET TO THE POIN T OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1575 SQUARE F'EET OF' LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. EXHIBIT A ~ h< of ;7 LEGAL DESCRIPTION ANP_'~KETCJ:1 )~HEET_ 2 OF 2 THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 CLIENT: COLLIER COUNTY TRA __ tPR.TATI9~ ~IYISION 20JUL05 BY: ....!J\ ====BGNOLI .....13 ===== >\RBER & ......13 ...... ...... RUNDAGE,lNc. Professional engineers, planners, & land surveyors CoWer County: SuIte 200, 7400 Tamiami Troll, North: Naple.. rL 3'108 (23g)~g7-3111 Lee County: Suite 101. 1828 U.ucUy Str.et, Port. 117..... rL 33g01 (23g)a:u-1173 C.rtltloate ot ,,"uthorl.atloD No.. LB 388' and Ell 388' Pu: (23g)Ii88-2203 ~ f o'yo OR: 4020 PG: 0191 178 SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 702 PROPERTY OWNER: EAGLE VIEW, LLC. REFERENCE: O.R. 3733, PG. 2162 I \ C'\.j .lO ~ I u...-. -JC'\.j -J 0 I @ $~cj 0 I lJ.JQ + ..- I s:~ N n lJ.J~ 0 N I -JfVJ I ~ <::( . I lJ.JQ: 0 SCALE: 1 " = 50' I \ +17.00' 45.04, R I I + 77.24'\ 45.04, R I ,0 .<~, P.O.B. I ? SOUTHWEST PROPERTY CORNER \ \ I I I \ I I I ~ \ :J ~ I ci ci \ >- -J I I ~ I V) iLJ I I \ I = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY o o + o n N a~ ~s: 0:::0 ~Q: :?:~ <(0 C:: f'.-. 0 f'rj lJ..."'-' 0 ~ I '----' + l{) kJ~ 01 ~ f-...:...-. N O'l 1-- Lt) N .:<:t- Lu CO O'l .....J ~ a. a . Q: :z: O. OU ~'----' b o + CO N N P.O.C. P.O.B. R.O.W. PARCEL 702 PROPOSED T.C.E. (1193 SQ. FT. :1:) r-.. ..... LINE TABLE Lu :z: ~ ~ c:n >- ~ ~ ::;, V) LINE L1 L2 L3 L4 LENGTH 39.76 30.00 39.70 30.00 4J :z: :J ~ ci ci >- o:! Lu iE :::> o V) ......, ~ (P/L) fVJ l(') f'.-. ...-. a :2: >-<;':( f-- :?:(j) :)~ Of'.-. U...-. Q: . lLJ(/) -~ -JQ -J o ~ u~ l(') fVJ a:: o VJ ~ 0::: <:::( k ltJ ~ I- - -J 'C"\J VJ ... () , ()0 Q I-- ... 2::C"\J lJJ ~cn ~Q a 0::: Q ~ - VJ ltJ -J Q <:::( 2:: I3EARING NOO.39'49"W N89'20'11 "E 500'39'49"[ 589'26'51 "w o EXHIBIT A ~3 of /7 NOT A: SURVEY' NOTE: BEARINGS ARE BASED ON THE SURVEY BASELINE OF COODLETTE FRANK ROAD '.4,5 BrtNG.N 00'39'49" W. LEGAL DESCRIPTION AND SKETGH'I.SHEET 1 OF 2 DESCRIPTION: PARCEL 702 CLIENT: COLLIER COUNTY.TR THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: ....!1\. ::::f-\..CNOlJ .....(3 ..... ..... . ARBER & ......13 ...... ...... RUNDAGE,lHc. Professional engineers. planners. & land surveyors CoWer COUDt1: Suite 200. 7400 Tamlaml Trail. North; Nopl.., J'l. MI08 (230)&87-3111 Loo Countr- Suite 101. 1828 H.n"'" stroot, 'ort 1f70... no 33801 (231)334-1173 Coi't1tlcate 01 J.uthort.oUon No.. UI 3~ ...4 IS 38U ,&][: (230)888-2203 18JUL05 BY: G W;\H'A KNEY, P:S.M. NO. 5606 SCALE: . 1" - 50' DATE: JUNE 17. 2005 DRAWN tlY:' GWH', PROJECT NO.: 8081-GR ACAD NO: 9116-50702 FILE NO:.91.1Q OR: 4020 PG: 0192 SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST 1 7 COLLIER COUNTY, rLORIOA LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING A T THE SOUTHWEST CORNER OF THE EAGLE VIEW, LLC. PROPERTY AS SHOWN IN OFFICIAL RECORDS BOOK 3733 PAGE 2162 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA SAID POINT ALSO LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF GOODLETTE ROAD AND SAID POINT ALSO BEING THE NOR TH WESTERL Y CORNER OF THE COLLIER COUNTY PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3534 PAGES 1749 AND 1753 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 00"39'49" WEST ALONG THE EASTERLY RIGHT OF WAY LINE OF GOODLETTE ROAD (C.R. 851) (170' R. o. W.) A DISTANCE OF 39.76 FEET; THENCE LEAVING SAID LINE NORTH 89.20'11" EAST A DISTANCE OF 30.00 FEET; THENCE SOUTH 00.39'49" EAST ALONG A LINE 30.00 FEET EASTERL Y OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 39.76 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE EAGLE VIEW, LLC. PARCEL; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89.26'51" WEST TO AN INTERSECTION WITH THE AFORESAID RIGHT OF WA Y LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1193 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. ~XHIBIT A ;3ge-4- eX 17 ....!/\ ::::f-\.GNOLI .....13 ::::: E1. . HER & ...... ...... ...... RUNDAGE,D<C. Professional engineers. planners. & land surveyors com. Co....tr- IIulte 100. 7'00 TamlomI 'I'ftIJ. Northl Napl.. rL 114108 (1IlI0)511'1-1111 Lea C01lJltr- II'oite 101. 1_ ~ _to Port .,..., rL 111101 (IS0)all4-1I71 CertIf10ate of J...u........UO" Noo. UI IBM ..... liB leM POl (1IO)eee-IIOI 1. NOT A SURVEY LEGAL DESCRIPTION AND ?KETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 702 .! ~. \:"'''' I. /'/.' . CLIENT: COLLIER COUNTY 5R . P'RT N DIVISION 1 "., ,," .. P.S.M. NO. 5606 : JUNE 17. 2005 . PROJECT NO.: 8081-GR FILE NO: 9116 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: 06JUL05 18JUL05 "~. 0l:lfI SECTION 27, OR: 4020 PG: 0193 TOWNSHIP 49 SOUTH, RANGE 25 [AST' COLLIER COUNTY, FLORIDA PARCEL NO. 103 PROPERTY OWNER: BUECHEL FAMILY L TO. PARTNERSHIP REFERENCE: O.R. 2873. PG. 1033 I , I I I I I I f-I ~ ~I V) wi IJ..J ~ p:1 LiJ '-'- ~ 21 ~ Y ~ I ~ I +67.28 I 45.04' RI I o o + r--- n N ~ 0 n;: 0 0 :z: f::: 0 V) + X <.D IJ..J ~ n N Cl.......... IJ..J::S: <:(s: 0: : a :z:-- 0:::0 - - 5::00 ~o::: L3~~ co 0)0) :z:~ 1):)1):) <:(0 IJ..J :Z:lIJ -' O:::~ co lL..."'-- ~ ,'---' i:Eoo 0 Lw00~ ~:::- 0 :Z::Z:aO :JlaJy--- f--L() + -' ltJD:) L[') -.J n an:: N ~I- ~ (j . --'-, au -' ()'---' :s: ~ '" IV) ~"""' I I):) ~ - 0 .-1-\ ~ '6liv)...--Of-.,:!C'-j ~ ~ n;:LL ~ a ~ \- a l() -.Jc . ~ t5~&;I~ 0::: a... ~ 0) ~~:.I~ "-l.. '-.... . 12 IV) I +35.00 I 45.04' Rj I I I I I I I I o o + .q- n N :.... P.O.C. P.O.B. R.O.W. == POINT OF COMMENCMENT == POINT OF BEGINNING = RIGHT-OF-WAY NOTE: BEARINGS ARE BASED ON THt SURVEY BAStLlNE OF G060LETTE FRANK ROAD AS BEINe N 00'39'49" W. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\ ::::i.~GNOLI .....![) :::::iDARBER & ......(3 ...... . ...... RUNDAGE,lNc. Protessional engineers. Planners. & land surveyors Colli or County: Suite 200, 7400 T.ml....1 Tr.lI. North; Hop]... n. 34108 (23U)597-3111 Leo Count" Sult.t 101. ]825 Rond"" Stroot, Port II'.... n. 33UOI (23U)3lU-1l73 CerUnoate of Authorl'nUoD No.~ LB aSS" and ED 31!1S' Fax: (230)e,a8-2203 ltJ f'., O:::~~ <:(<.o~ UC'\JCO 2:...--~ -.J C'\I @ <:(0'- ~ lJJ Cl. a ,_ ~ a f-- ~ 0 II"< ltJ IV) C'\I v I 'L ~~~ G5 <: ~ (r\ l!) . V) C'\J 1 - - - 2 ~ .~ - - - - . ~ - - - ltJ I <:( g: 0:: () <: U) <::( <: k 02 lLJ ~ f- - -J L L2 I):) ~ C'-j ~ ::s: O'l '<l- OJ ~ a o Z os: c::i a:: o z r::: Vl S< I lLJ Y \ P.O.B. NORTHERL Y LINE 10.00' Cl. :r: (f) 85 t'-. C'\I <f'r)<C j-.:IV)~ 0:::(0) <:(...--5 Cl. . .C'\I . () 5 ~Cl. a -.J ~a , IV) C'\I ..-~tO -.JCQO -~Lr') ~ ~ ~. L..l...0:::a.. -.JO<:C ltJ g: ~ tn U lJJ ~ en 8Y: ~ N o SCALE: 1" = 50' 2:~ ::> a (f) m 'C"J ~ U) () . Q - ()(:) ~ CL (f) f- ~ :2: ~~ ~ lLJ ~cO I'-, ~ ~Q C'\J @ <: () a 0:: j::: CL () :2 lLJ (f) - U) lLJ -J CL <::( :2: EXHIBIT A ~ ( r:; of I '7 ~- G OR w. HACKNEY; P,S.M, NO. 5606 SCALE: ..,"....:. 50' DATE: JUNE 23. 2005 DRAWN BY: .GWH PROJECT NO.: 8081-GR ACAD NO: 9051- SD1 03 FILE NO: 9051 OR: 4020 PG: 0194 SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION or PARCEL 103 A PARCEL or LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, rLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS rOLLOWS; BEGINNING A T THE INTERSECTION OF THE NORTHERL Y LINE OF A PARCEL or LAND AS DESCRIBED IN ornCIAL RECORDS BOOK 2873, PAGE 1033 AND THE EASTERL Y RIGHT-Or-WAY LINE or GOODLETTE FRANK ROAD (C.R. 851) (170' R.O.W.); THENCE SOUTH 00'39'49" EAST ALONG SAID EASTERL Y RIGHT-Or- WA Y LINE A DISTANCE or 132.28 FEET; THENCE LEAVING SAID LINE NORTH 89.20'11 EAST A DISTANCE OF 10.00 rEET; THENCE NORTH 00.39'49" WEST ALONG A LINE 10.00 FEET EASTERL Y OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE or 132.28 FEET TO THE NORTHERL Y LINE OF SAID PARCEL; THENCE SOUTH 89'20'11" WEST ALONG SAID LINE A DISTANCE or 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,323 SQUARE rEET or LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS or RECORD. EXHIBITL Page [P of /7 ....!/\. ::::H..GNOLI .....13 ::::: ~RBER & ......13 ...... ...... RUNDAGE,lNc. Professional engineers, planners, & land surveyors comor County: Suite 200, 7400 Tamlaml Troll. North, Naplo., FL 34108 (239)897-3111 Leo County: Suite 101, 1828 Handry stroot, Fort Myor., FL 33901 (239)334-1173 Ceruncate of Authorization No.. LB 3864 and ED 3664 lax: (239)586-2203 \\\lliH: !4il, ,\,\" ",:" \.\ -}'\ C; /\.;\,"". LEGAL DESCRIPTION "t\N'tJ SKETCH.:-'SHEET 2 OF 2 ".' ".,- ':, ',' ,'- '., . DESCRIPTlo.N: PARCEL 1 03" f.~.' ,',,' ...,' .'- , CLIENT: Co.LLlER Co.UNTY r~ANSPo.RTAnQ'N DIVISION ...... I ." ~""'l ' . <'. ,- "., : I ; '" THIS LEGAL DESCRIPTlo.N AND SKETCH PREPARED BY: BY: .f....W. e.ACKNEY".S:M" NO.. 5606 ",' . .'\' '. SCALE: .)\J:J.S.' DA'lP.' JUNE 23. 2005 DRAWN BY:'(;\-G'WH'" eRQ:JECT No..: 8081-GR ACAD NO.: 9o.51-SD,'6.% >"FILE NO.: 90.51 SECTION 27, OR: 4020 PG: 0195 TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 104 Pf?OPERTY OWNER: NATIONWIDE HEALTHCARE REFERENCE: O.R. 2213, PG. 1264 ~ ci I ~ I ~ r a",", "Cs: a 0:::0 ~~ :<~ <co 0::::'" LL"- 1"---" ~~ 1-1.0 lLJo:::J -J a. a~ au ~"---" SkJ ~~ ~ Q:oo I '<:C:'J:'J I ~ ~ ~ ~ U)<: !Xl ~ I ~ a IkJ~ag 13; as c:i c:i -J-J"""-"-- I ~':J:::: I -J P.O.C. P.O.8. R.O.W. o o + CO n N o o + r---. n N o o + to n N o o + t.[) n N == POINT OF COMMENCMENT POINT OF BEGINNING = RIGHT-OF-WAY S Ol r--... "i-...... mr--i ~C'>J a "J all) <: I I I 1 ~I ~I U) L51 frl o I I L-j r- +15.00 L2 45.04' R _ I~ I~ I Is I~ '* \"01 ~ Ig 12: I I I kJ <: a U) '<:C !Xl >- ~ ~ +67.28 45.04' RI I I I I I I I I I I I en C"-J ;:r: ~ - - - - - - - - -.. - - - f-: ~ 0 . ~ Q) ( '\ ~ a ~ ~Q ~ a I-- O'J ~ .. ~ 2C"-J lLJ ~ca ~Q o 0::: Q ~ ~ r--.: '* ~ ci I ~ I ~ r I'-.. C"\J O::::~<l: "C<.o'* UC'\JCCl 2:..-~ -J . ~ L5~a J::Q.a ~a lLJt-r)C"\J a"-tO ~~~ :< "'l:l::: a' f::~Q "Ca~ <: ~ lLJ PARCEL 104 PROPOSED R. O. W. (1,477SQ. FT. :t) 10.00' SOUTHERL Y LINE P.O.B. '" C"\J e ~; -J 022 >-9::"-~ -JJ:: .~ -~~a ~o::::Q ~lLJ ~g ;;2:t-r)C"\J r-",tO do:::o:::JO J::"CC'\JlI) uQ ~ lLJ ciQ 6S O~ ~ (J) SCALE: @ @ ~ N o 1" = 0J ~ 0::: ~ lLJ ~ I-- - -J - 0J lLJ -J Cl <::( 2: 50' I- ~ L5 1.0 C'\J lLJ ~ <: "C 0:::: Q :t ~ ~ e "'~ C'\J <:: a f:: () lLJ ~ EXHIBIT Page-z'" of f; M2Ir;. BtARINGS ARE BASED ON THE SURVEY BASELINE OF GOODLETTE FRANK ROAD AS BEING N 00'39'49" W. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!I\ ::::i.-\.GNOLI .....![) :::::UARElm & ......E3 ....... ...... RUNDAGE,lNc. Professional engineers, planners. lie land surveyors Collier County: SUtte 200. 7400 Temleml 1'ron, North: Nepl.., no 34108 (2SV}SV7-SII1 Lee Count,: Suite 101. 16215 Hendry Strnl, Fort 11"81"1, FL 3:!11i101 (231i1)334-1113 Certiricate of AulborizaUon NOI. LB 368.. In!! ED 366' 1u: (231i1)1568-2203 8Y: GEORG W: HACKNEY, . .~:M.NO. 5606 SCALE: 1" =' 50' DATE: JUNE 23.' 2005 DRAWN BY: GWH' PROJECT NO.:8081-GR ACAD NO: 9051-SD1 04 FILE, .NO:9051 .", OR: 4020 PG: 0196 SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION or PARCEL 104 A PARCEL OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE INTERSECTION OF THE SOUTHERL Y LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 2213, PAGE 1264 AND THE EASTERL Y RIGHT-OF-WAY LINE OF GOODLETTE FRANK ROAD (C.R. 851) (170' R.O.W.); THENCE NORTH 00'39'49" WEST ALONG SAID EASTERL Y RIGHT-OF - WA Y LINE A DISTANCE OF 147.72 FEET; THENCE LEAVING SAID LINE NORTH 89'20'11" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00.39;49" EAST ALONG A LINE 10.00 FEET EASTERL Y OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 147.72 FEET TO THE SOUTHERL Y LINE OF SAID PARCEL; THENCE SOUTH 89.20'11" WEST ALONG SAID LINE A DISTANCE OF 1 0.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,477 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBITL Page-Lof }~ LEGAL DESCRIPTION AND SKETCH"'SHfEJ 2 OF 2 " " -,., THIS LEGAL DESCRI'pTION AND SKETCH PREPARED 8Y: DESCRIPTION: PARCEL 104 . /'/ .' .,.'. :/<, . CLIENT: COLLIER COUNTY TRANSPORr~rl.of>J.\DIVISIOW ';," . !."!', \ ," , ....!J\ ::::tlGNOLI .....![) :::::UARBER & ......13 ...... ...... RUNDAGE,mc. Professional engineers, planners, & lartd surveyors Collier County: Suite 200, 7400 Tamlalnl Tran, North, Napl... 11. 34108 (23u)eU7-31 II Lee County: Suite 101, 182e Hendry Stre.t. 'ort lIye.., 11. 33UOI (23U)334-1173 CerUlloeto of Authorl..Uoil NOI. LB 3884 and !:II 3884 'n, (23UlM8-2203 BY: ~.', (:... (,) ',:> GEOR. .!W. HACKNt'~< ~.S,~. NO. 5606 SCALE:. N. T.S':'. 01\'Tt:: JUNE 23.2005 DRAWN 8'(: . 'GWH :.i. PROJECT NO::.8be1-GR ACAD NO:' 9051-S01 04 FII,:.E NO;.' 9051 .Il .;; >~ OR: 4020 PG: 0197 SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA ~ N ~ PARCEL NO. 105 PROPERTY OWNER: BARNETT BANKS TRUST CO. REFERENCE: OR 2213, PAGE 1908 I.[)o ::::+;,1 b 0 d 0 0 ..-.. . ~ lit) It) n:: lL. 0\ 0\ cjt;Jol N N ()l/)l/) ~ G:::~~I. ..,.,.-0"' 0\ " n::~I'~ Q Q___ 0\ Ig 12 I I I I I I I \ I +10.00 45.04' R I I :::: I I d I~\ ~ I-IN 2 Z C'I ~ Lu to l/) ~ 1 I ;;;: ~:~~ ~I . 10 2 01 Y2!- I I I JJQIE.;,. BEARINGS ARE BASED ON THE SURVEY BASELINE I OF GOODLETTE FRANK ROAD AS BEING N 00'39'49" W. o o + 0'> """ N :::: d I i ;;;: , Lu I o o + ex) """ N C......--., <:t:s: a. 0::: a ~a:: <- <:t:O G:::f'-. lL."- 1'----' kJ~ f-:..- 1-1.[) kJC() -J c. a~ aU (J'----' o o + f'. """ N o o + (!) """ N \ I I I +5.00 I 45.04' R\ I I I I I ~ '0,,, ~ - 0,1") ~~ g l[) 2 Lu 2 GJ l/) 'l: a.J >- Is! n:: :;) l/) o o + L{') """ N P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT -OF - WA Y N 89'20'11" E 10.00 SCALE: 1" = 60' cj ~ cri ::J (J) ~ ct: ~ lJJ ~ I- - -J @ l- V) <::( kJ ~ '" ~ 0, ~ o o l/) G >- 8: < ~ a (,)1 (f}1 ~ 0~ 2: 0 ' ~- ()~ -I ~ ~ ~~ ------------lJJ----Q ~ a:i 3: ~ tL ~ o a 0:::: I- Q ~ - I.[) C'.J kJ (J 2: <:t: G::: 10.00' ~ ~ o U1 (j) ~ S 89'20'11" W 10.00 P.O.B. f'-. - C'.J 2: a f:::: U kJ V) @ <.n lJJ -J Q <:Z :z: EXHIBIT jJ Page-Lout P.O.C. 196.54 NOF?THERL Y LINE OF THE NA TlONWlDE HEAL TH PROPERTY AS RECORDED IN OR 2213, PAGE 1256 NOT A SURVEY , . LEGAL DESCRIPTION ANp SKE1CH..SHEET 1 OF 2 DESCRIPTION: P ARGEL 105 " ',' CLIENT: COLLIER COUNTY T THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!I\ ::::BGNOLI .....(3 ::::: ARBER & ......13 ....... ...... RUNDAGE,lI<c. Protesslonal engineers, planners, /l( land surveyors Collier County: SUIte 200, 7400 Tem1.m1 Tren, North: lIeplee, n. 34108 (23G)8G7-3111 Lee County: Suite 101, 182ft Hendry street, Port lIye.., n. 33GOl (23G)334-1173 Cert1t1..te ot Authorl.eUon 110.. lB 3884 and D 31ft4 p"", (23G)88d-1203 \' P.S.M. NO. 5606 D,A..l'E: JUNE 23. 2005 FILE NO: 9051 OR: 4020 PG: 0198 SECT/ON 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 105 A PARCa OF LAND LYING IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OFnCIAL RECORDS BOOK 2213, PAGE 1256 AND EASTERLY RIGHT-OF-WA Y LINE OF GOODLETTE FRANK ROAD (C.R. 851) (170' R.O. W.); THENCE NORTH 00'39'49" WEST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 622.72 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING NORTH 00'39'49" WEST ALONG SAID RIGHT OF WA Y LINE A DISTANCE OF 295.00 FEET; THENCE LEAVING SAID LINE NORTH 89'20'11" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'39'49" EAST ALONG A LINE 10.00 FEET EASTERL Y OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 295.00 FEET; THENCE SOUTH 89'20'11" WEST A DISTANCE OF 10.00 FEET TO SAID EASTERLY RIGHT OF WA Y LINE AND TO THE POINT OF BEGINNING OF THE PARCEL HtR[/N DESCRIBED; CONTAINING 2,950 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT A ~ It! of ('7 ....!I\. ::::tlGNOLI .....(3 ===== ARBER &. ......(3 ....... ...... RUNDAGE,lNc. Professional engineers. planners, &. land surveyors Cout.. Couat,., SUIte 200. 7400 TomIomI Tun. North; Ifapl... JIL :UIOS (231)817-3111 Le. Count,., Suite 101. 1828 B.ndr7 Str..t, 'ort Mr.... JIL 33101 (231)3:U-1I73 Cerllticat.e ot Authort"UOD No.. t8 S844 ail. n SI!UI4 Po:: (2S0)5e1-2203 NOTA SURVEY LEGAL DESCRIPTION AND SKETCH,SHEET 2 OF 2 DESCRIPTION: PARCEL 105 . '. , )' : CLIENT: COLLIER COUNTY TR THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: . H~.kN , ..M. NO. 5606 SCALE: N.T.S. DATE: JUNE 23. 2005 DRAWN BY: GWHPROJECT NO.: 8081-GR ACAD NO: 9051-501 05' FIL.E NO: 9051 " OR: 4020 PG: 0199 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 706 PROPERTY OWNER: HOLE IN THE WALL GOLF CLUB REFERENCE: O.R. 63, PG. 682 P.O.C. :CEN TER OF 1 o o + o IX) N SECTION 22 STA. 279+63.27 SECTION LINE o o + 0'> l"- N :t 0 a:: ~ J:: CI1 I ~ 0 ~ 0 + IX) l"- N Q---.. <:C~ O. 0:::0 ~a:: :;r: ::z:~ . <:CO <00> ct::t'-.. 010 ~-.f lJ....'-'" !"l0l \'-' _C'>.I ~~ 0 Olt') 0 :c:: 1-lC) + l.LJCO " -J . I"- a. 00:; N ao (:>'-' o o + to r-- N o o + LI'l r-- N P.O.C. P.O.B. R.O.W. I 88'37'54" [I 45.00 ~ ~ ~ CI1 -q: en ).. ~ ~ + 70. 00 45.00 R +5.QO 45.00' R = POINT OF COMMENCMENT = POINT OF BEGINNING == RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....M ::::H..GNOLI .....13 :::::' ARBER & ......13 ...... ...... RUNDAGE,lIlc. Professional engineers, planners. '" land surveyors Collier Couaty: SUite 200, 7400 Tlmllml Tun, North: Nlpl.., n. 24105 (239j597-2111 \Ae Couat", SUite 101, le2! Rend,." Street. Fort I/"en. n. 22901 (229)224-1172 CerUtlo.t.e of AuthorluUOD. NOIf. LB soe. aDd n 300. ]1'&:1:: (238)&18-2203 @ ~ N 0 SCALE: 1" = 60' . C'\I ~ ~<.n ~ a' :::> ()~ &i I- ~ O'l 2: C'\I """ l1J a.. ~ cO ~ ~Q ~ ~--- 2 Q ~ - I ~I :1 . I ~I ~l I I ilf:Jr L1 l2 LJ l4 liNE TABLE ~ 65.00\ 25.00 65.00 25.00 BEARING 5 01'22'06" E N 88'37'54" E N 01'22'06" W 5 88'37'54n W :t o a:: <..:l ~ CI1 ~ en :::> -J ~ o <( k.r'r)~ ~~~ . ('"J -J(:>C ;;ia..a S:r-r)~ lJ.J<O~ iE . t() O:::"lt, <On. - <( Lu r:: . c5 Vl :r: @ <.n ~ C::: ~ l1J ~ I- - -.J ::. f") -J_ _ _ _ __ PARCEL 706 PROPOSED TEMPORARY DRIVEWA Y RfSTORA T/ON EASEMENT (1625 so. FT. :i:) <.I) Lu -J Q "C 2: ~HIBIT A Page-1L of (fJ l:J.QIr;" BEARINGS ARE BASED ON THE SURVEY BASEliNE OF GOODLETT[ Ff?ANK ROAD AS BE:lNG N 01'22'06" W. I-;- <n L5 lC) <'\J t5 < <:C 0::: C'.j <'\J < a f::: o ~ LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: P ARCEL]06' " . ~ .~ CLIENT: COLLlERCdUNTY' TRANSPQRJATIQN BY: OR: 4020 PG: 0200 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FlORIDA LEGAL DESCRIPTION OF PARCEL 706 A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 49 'SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE CENTER OF SAID SECTION 22; THENCE NORTH 88'37'54" EAST ALONG SAID SECTION LINE A DISTANCE OF 45.00 FEET TO THE EASTERL Y RIGHT-OF-WA Y LINE OF GOODLETTE FRANK ROAD (C.R. 851) (170' R.O. W.); THENCE SOUTH 01'22'06" EAST ALONG SAID EASTfRL Y RIGHT-OF- WA Y LINE A DISTANCE OF 293.27 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING SOUTH 01'22'06" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 65.00 FEET,' THENCE LEA VING SAID LINE NORTH 88'37'54" EAST A DISTANCE OF 25.00 FEET; THENCE NORTH 01'22'06" WEST ALONG A LINE 25.00 FEET EASTERL Y OF AND PARALLEL WITH SAID R.O.W. LINE A DISTANCE OF 65.00 FEET; THENCE SOUTH 88'37'54" WEST A DISTANCE OF 25.00 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE AND TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,625 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT /4 ~ 1/2 of If; ....t3 :::: GNOLl ..... ::::: ~RBER & ......13 ...... ...... RUND~GE.lIlc. Professional engineers, planners, & land surveyors Colll.. Counf.,y. SUIt. 200, 1400 T.mllml Tr.n, North. N.pl.., n. 84108 (2S0)~07-SI1I Lo. Counf.,y: SUllo 101. 182~ H.nd". str..t. Fort 1/,..... n. SSOOI (2S0)334-117S c.rtln..t. of J.uth.rl..Uon No.. LB 3884 .nd Ell S884 Fez. (2S0)~88-220S LEGAL DESCRIPTION AND. SKETCH SHEtT 2 OF 2 DESCRIPTION: P ARCEl.,..]06, - , CLIENT: COLLlER."COUNTY T~~NSP9~.TAT.ION DIVIS'?N - BY -q~W1A~l~.~'o. 5606 SCALE:. , N~T:.S. DATE: JUNE 23. 2005 "".~""'.ci:;~~'A-WN'BY: GWH PROJECT NO.: 8081-GR ACAD NO: 9051-$0706 FILE NO: 9051 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: 4 OR: 4020 PG: 0201 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, PLORIOA PARCEL NO. 707 PROPERTY OWNER: HOLE IN THE WALL GOLF CLUB REFERENCE: O.R. 63. PG. 682 ~ N 0 SCALE: 1 " = 50' (j ~ - cO C"J C"J 3:: 0 ::;) ~ <::) 0 I -.J(',J~ @ ci + O.1'r) g ...- lJ.J lJ.. . ~ 0 -.J . f'I') U) :2: n ~ O(:)f'I') ~ cj l- V) (:)QO ~ 1 50( l/j (f) l.LJ ~ ..0 Q: ~ ~ ~l.{)O >- ~at'-- ~ C.......... ~ <:("\j-~ l.{) ~~ ~ - 0 (',J O. O. V'l ~c:::~ lLJ c:::O aoo. ~ Lu ~ci .(:) Q ~ I- < ~.. 0 -.J ~ - <:( ~a 0 ~ V) -.J c::: ct:~ u..:..-- + ~ 1'- 0 a 'v) ~ 0 c::: ~::- n ~ ::;) I-l.{) C). 0 LuCO ()~ (f) -.J Q O'J C:l' +52.57 I- O~ 45.00' R "\j- 00 :c~ Q ~'- lLJ - ~a:) ~ I 'v~ PARCEL 707 ~a.: ~ I 0 +5.00 Pro rt)s t.o( ~~.r,..r1 0 ~ I lJ.JlJ.JlJ.JlJ.J 0 45.00' R en 1,865 SQ. T.::t ~N' · · + :!: ::;) O....,u,w4i Q: /'00.-1.0 01 -.J C"J 1l"'-'oa.40+iof) Q (',J" :2: ."1 - ~ 0 O'l . a:o~"",,~ N 1.00'> o '~ ~ $ c..M.Il'I\T ~ C"\j L5N\f'lVlN 01.0 Cl:l:gIO~- ~~ lJ.. rr; ~ - < ~~c NO'> -C'-l -.J " 0 U) 0 ; Z~ZZ C\I) ~COO f:: Cl:l :2: <.0. lLJ tor) 0 ~ .C"J -.J i!:\I)/'oo.\I)o -.J(:)O Lu lJ.Jc.,,/'oo./'oo.o_ ~QO @ Q (f) ~aso\...:~~ <C -.JC'\/- C'\j S:t-i~ :2:: (Q Lu<.oo ~1-C'\/"1~ 0 2: . \l) ::j-.J-.J-.J-.J 0 c:::~ + ~OQ oj EXHIBIT /4 01 ~ N Lu ~ -.J V) ~ /3 of /'/ 0 :t: P.O.C. P.O.B. R.O.W. == POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY ~ BEARINGS ARt BAStO ON THt SURVtY BASELINE OF GOODLtTTt FRANK, ROAD A.S BtlNG N 01'22'06" W. LEGAL DESCRIPTIQN...A},JD SKErC'H' 'SHEET 1 OF 2 DESCRIPTION: PARCEL 7.07 " CLIENT: COLLIER COUNTY TR(\t'J'SFl0RTATfON:D!\{ISION BY: ,:,-' GEO. GEW. HACK.r-4EY, P.S.M. NO. 5606 SCALE~ 1 ", - 50' DA TE: JUNE 23. 2005 D~AWN BY: GWH PROJECT NO.: 8081 -GR ACAD NO: 9051 SD7Q7 FILE NO: 9051 THIS LEGAL DESCRIPTION AND SKt:TCH PREPARED BY: ..... .... .... ..... ...... ..... ...... I::::: RUNDAGE,lllc. .'::" Professional engineers, planners. & land surveyors com.. COUDV1 Sulu 100, 1400 Tomloml 1'70U, 1Iorl.b, Hopi.., n. lUloe (119)011-1111 IAo Coun"". hlu 101. lete Hon4.,. lItroot, 'ort 1170n, P'l. 11001 (180)114-1111 c.rUnaat.e of' A'QUtorbaUolII No.. ... 18e4 All. n lee4 Pus (111)0.'-'.01 " OR: 4020 PG: 0202 178 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, rLORIDA LEGAL DESCRIPTION OF PARCEL 707 A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; BEGINNING A T THE INTERSECTION OF THE NORTHERL Y LINE OF A PARCEL OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 63, PAGE 683 AND THE EASTERL Y RIGHT-OF - WA Y LINE OF GOODLETTE FRANK ROAD; - THENCE SOUTH 01'22'06" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 47.57 FEET; THENCE LEA VING SAlb' LINE NORTH 55.20'32" EAST A DISTANCE OF 29.75 FEET; THENCE SOUTH 46.59'17" EAST A DISTANCE OF 11.77 FEET; THENCE NORTH 45"54'41" EAST A DISTANCE OF 24.05 FEET; , THENCE NORTH 1.22'06" EAST TO AN INTERSECTION WITH THE AFOREMENTIONED NORTHERL Y LINE A DISTANCE OF 24.10 FEET; THENCE ALONG SAID NORTHERL Y LINE SOUTH 88.37'54" WEST A DISTANCE OF 51.78 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERL Y RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,865 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. "~:.XHIBIT .4 C' age.J::l of / ? LEGAL DESCRIPTION. AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL7.tJ7 _. CLIENT: COLLIER ';COUNrY TR. SP:0RTA![ON DIYISION : ....t3 :::: GNOL! ..... :::::. g3RBER & ...... ...... ...... RUNDAGE.lHc. .,". Professional engineers, planners. & land surveyors Colllor COUD~1 SUIt. 200. 7400 Tamloml Troll, North, lIaploo. n. 34108 (238)887-3111 Leo COUDl,: SUIt. 101. 1828 DODd..,. Iltrool, 'ort v,..., n. n801 (288)334-1173 C.rUfio.te 01 Authart.aUoD NOI. L8 :see4 aDd D aee' P'.:I:l (2SI}eee-IIOlJ Y. P.S.M. NO.' 5606 DA TE: JUNE 23. 2005 DRAWN BY: GWH PROJECT NO.: 8081-GR ACAD NO: 9051-SD707 FILE NO: 9051 BY: OR: 4020 PG: 0203 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST' COLLIER COUNTY, FLORIDA PARCEL NO. 108 PROPERTY OWNER: ROYAL POINCIANA GOLF CLUB, INC. RtFERENCE: O.R. 405, PG. 32 304+00 305+ 00 306+00 \ \ SURVEY BASELINE N 01'22'06" W 5294.69 _ _ _1r:'STlN~ _R.O.W._ _ _ __ $ 01'22'06" E 35.00 :u >J ~ ROYAL POINCIANA GOLF" CLUB, INC. O.R. 405, PG. 32 STRAP # 093700 033.0004A22 z co co t,j " oi ~ PARCEL 108 PROPOSED R. O. W. (0.30 ACRES :t) (E) NAPLES IMPROVEMENT CO'S. UTTLE FARMS P.B. 2, PG. 2 f'T1 50' (1)1 col co\ t,j "I oil ~"I ~I N 01'22'06" W 15.00 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST z co co t,j " oi ~ f'T1 I'\) .... !'V t..I " 35' N 01'22'06" W 20.00 +12.00 30.00' R P.O.C. P.O.B. R..O.W. == POINT OF COMMENCMENT == POINT OF BEGINNING = RICHT~bF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!!J\ ::::f-\.(;.NOLI .....u :::::iDARBER & ......13 ...... ...... lWNOAG€.lNc. Professional engineers. planners, .$ land surveyors Colllor County: Suite 200, 7400 Tomloml 'trIll, lIorth: lIopl.., n. 34108 (239)8g7-311l Lee Count,.: Suite 101. 182G HeDdr, Street. Fort My.n. JPt, 39"01 (2:SD)334-1173 CeTtJfioate of AUthOT'UtJOD No.. LB 3884 and l:B 3884 ".11:: (23D)IUII'-2203 (1)\ 01 ....\ '" 1'$1 gl "I 1'T1\ ....1 6\ 01 I I ~ O'll 6\ 01 I I I I I \ 1 I I I I I I I \ I \ 1 \ I I c::::r- Z -C ~ SCALE: 1" = 80' 307+00 PI STA. .306+ 17.86 308+ 00 309+ 00 (J1 + o o GOODLETTE-FRANK ROAD (C.R. 851) (170' R. O. W.) --- - -- - - -- ---- - - - -- - --- I I \ I OJI c:1 AJ\ ~I (;')1 -II AJI ~1 01 ::tl\ ~I \ I I I I \ I \ I \ I I \ 1 I I I I I I \ I I I I (j) + o o WHMM O.R. 1320, PC. 2173 STRAP # 506200 035.0004A15 "-l + o o @ NAPLES IMPROVEMENT CO'S. UTTLE FARMS P.B. 2, PG. 2 OJ + o o <.0 + o o o + o o EXHIBIT A Pege~or'''T7 --. ~ BEARINGS ARE BASED ON'THES'ukVEY$AS[LlNE OF GOODLE:TTE F~ANK ROAD A$J3E1NG,N,' 01'22'06" W. LEGAL DESCRIPTION AND S'KETq-j SHEET 1 OF 2 DESCRIPTION: PARCEL 108 CLIENT: COLLIER COUNTY TRANSPO~liATION BY: GEO E W. HACKNEY .S.M. NO. 5606 SCALE: 1" = 80' DA TE: JUNE 23. 2005 DRAWN BY: GWH PROJECT NO.: 8081-GR ACAD NO: 9051-SD1 08 FILE NO: 9051 OR: 4020 PG: 0204 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 108 A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBm AS FOLLOWS; COMMENCING A T THE INTERSECTION OF THE NORTHERLY BOUNDARY OF A PARCEL OF LAND AS DESCRIBm IN OFFICIAL RECORDS BOOK 405, PAGE 32 AND THE EASTERL Y RIGHT-OF-WA Y LINE OF GOODLETTE FRANK ROAD (C.R.851) (170' R.O. W.); THENCE SOUTH 01'22'06" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING SOUTH 01'22'06" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 35.00 FEET; THENCE LEAVING SAID LINE NORTH 88.37'54" EAST ALONG A LINE 50.00 FEET SOUTHERL Y OF AND PARALLEL WITH THE AFOREMENTIONED NORTHERLY BOUNDARY A DISTANCE OF 254.63 FEET; THENCE LEA VING SAID LINE ON A LINE PERPENDICULAR TO SAID NORTHERL Y BOUNDARY NORTH 01'22'06" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 88'37'54" EAST ALONG A LINE 35.00 FEET SOUTHERL Y OF AND PARALLEL WITH THE SAID NORTHERLY BOUNDARY A DISTANCE OF 212.37 FEET; THENCE LEA VINC SAID LINE ON A LINE PERPENDICULAR TO SAID NORTHERL Y BOUNDARY NORTH 01"22'06" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 88'37'54" WEST ALONG A LINE 15.00 FEET SOUTHERL Y OF AND PARALLEL WITH SAID NORTHERLY BOUNDARY A DISTANCE OF 467.00 FEET TO THE AFORESAID EASTERLY RIGHT-OF - WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.30 ACRES OF LAND, MORE OR LESS; SUBJECT TO EASt:MENTS AND RESTRICTIONS OF RECORD. EXHIBIT .A ~ tb of /'7 ....!1\, ::::aGNOU .....13 ..... ..... I3RBER & ...... ...... ' ...... RUNDAGE.tI<c. Professional engineers, planners, & land surveyors Cow.. COUDty: SulfA 200, 74110 TamI_1 Trill, North, Hlpll', n. 34108 (23')8'7-3111 L.. Co"..tr. BulfA 101, 1828 Bo..""" stroot. fort Vyon, n. 33'01 (23')334-1173 CortlllolfA .r ..."th.rl..U... No.. tB 38M 0114 n 3884 rUt (23')888-2203 , l.. , ','" ",;~ ~> / .,',{' / <_' '~ LEGAL DESCRIPTION"AND;SKETCH SHEtT 2 OF 2 . ,. ,", . DESCRIPTION: PARCEL 108 CLIENT: COLLIER COUNTYTRANSPQRTATION f- ", THIS L1::GAL DESCRIPTION AND SKETCH PREPARED BY: BY: CEO E SCALt: ORA WN BY: GWH ACAD NO:9051-S0108 *** OR: 4020 PG: 0205 *** 178 SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 808 PROPERTY OWNER: ROYAL POINCIANA GOLF CLUB I , I u_u___u_.____u_.___._u_._u_u____u_u_ P. 0, c, u+.._ -.-.--'-"- PI STA. .306+17.86 i , REFERENCE: O.R. 405, PG. 32 GOODLETTE FRANK ROAD N01'22'06"W , Wv) 5294.69 ---SUR~~~l~~~;C~~-~..B:-~..i-..-.--.--..-.---.l.- I (EASTERL ~ R. O. W. LINE) I I , , , r;;-.. , I ~ I , , , , , , \ I , I NAPLES IMPROVEMENT CO'S. LITTlE FARMS P.B. 2, PG. 2 HOLE IN THE WALL GOLF CLUB O.R. 63, PG. 682 N01'22'06"W 600.29 , \P,O,B, @ 1 @ PARCEL! 808 PROPOSED! D.M.E. (16.51 AC~ES 1:) , STRAP # 09370'0 033.0004A22 ROYAL POINCIANA GOLF CLUB, INC. O.R. 405, (G. 32 L6 " '--'-"----"----"-"--'-.'r-'-"--- I I I : I I , , , , l ! : I 1 ~ I : 1 , , I I , , ! LINE' TABLE LINE LENGTH L1 45.00 L2 65.00 LJ 254.63 L4 15.00 L5 212.37 L6 20.00 L7 66.33 L8 40.00 @ @ BEARING N88'37'54"E SOl '22 '06 "E N88'37'54"E N01'22'06"W N88'37'54"E N01'22'06"W N88'37'54"E SOO'59'29"E S01'22'06"E 320.00 Oz- , ""'0 I lI):;O ~:t , I ::jrr, , 0:;0 \ ~r- -< , Nr- I N- '-'~ , rr, I z 15' co co t-l '-!. (J1 ~, (Tl LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE INTERSECTION OF THE SURVEY BASELINE OF GOODLETTE FRANK ROAD (C.R.851) (170' R.O. W.) AND THE NORTHERL Y LINE OF SAID SECTION 22; THENCE NORTH 88'37'54" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 45.00 FEET TO AN INTERSECTION WITH THE EASTERL Y RIGHT OF WAY LINE OF SAID GOODLETTE FRANK ROAD (C.R. 851) (170' R.O.w.); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 01'22'06" EAST A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE NORTH 88'37'54" EAST ALONG A LINE 50.00 FEET SOUTHERL Y OF AND PARALLEL WITH THE NORTHERL Y BOUNDARY OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 405 PAGE 32 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA A DISTANCE OF 254.63 FEET; THENCE LEAVING SAID PARALLEL LINE ON A PERPENDICULAR LINE NORTH 01'22'06" WEST A OISTANCE OF 15.00 FEET; THENCE NORTH 88'37'54" EAST ALONG A LINE 35.00 FEET SOUTHERL Y OF AND PARALLEL WITH THE AFORESAID NORTHERLY BOUNDARY A DISTANCE OF 212.37 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 01'22'06" WEST ALONG A PERPENDICULAR LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 88'37'54" EAST ALONG A LINE 15.00 FEET. SOUTHERLY FROM AND PARALLEL WITH SAID NORTHERL Y BOUNDARY A DISTANCE OF 66.:53 FEET; THENCE LEA VlNG SAID PARALLEL LINE ALONG A PERPENDICULAR LINE SOUTH 01'22'36" EAST A DISTANCE OF 320.00 FEET; THENCE NORTH 88'37'54" EAST ALONG A LINE 335.00 FEET SOUTHERL Y OF AND PARALLEL WITH SAID NORTHERL Y BOUNDARY A DISTANCE OF 1101.49 FEET; THENCE LEAVING SAID PARALLEL LINE ALONG A PERPENDICULAR LINE SOUTH 01'22'36" EAST A DISTANCE OF 286.04 FEET TO AN INTERSECTION WITH A LINE 40.00 FEET NORTHERL Y OF AND PARALLEL WITH THE SOUTHERL Y LINE OF LOT 33 OF NAPLES IMPROVEMENTS COMPANY'S LITTLE FARMS ACCORDING TO THE PLA T THEREOF AND AS RECORDED IN PLA T BOOK 2 PAGE 2 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 89'00'31' EAST ALONG SAID LINE BEING 40.00 FEET NORTHERL Y OF AND PARALLEL WITH THE SOUTHERL Y LINE OF LOT 33 A DISTANCE OF 940.21 FEET TO THE APPROXIMA TE WESTERL Y TOP OF BANK OF THE GORDON RIVER; THENCE SOUTH 00'59'29"EAST A DISTANCE OF 40.00 FEET TO THE INTERSECTION OF SAID WESTERL Y TOP OF BANK AND THE AFORESAID SOUTHERL Y LINE OF LOT J3; THENCE SOUTH 89'00'31" WEST ALONG SAID SOUTHERLY LINE OF LOT 33 A DISTANCE OF 2574.80 FEET TO AN INTERSECTION WITH THE EASTERL Y RIGHT OF WA Y LINE OF THE AFOREMENTIONED GOODLETTE FRANK ROAD; THENCE LEA VING SAID SOUTHERL Y LINE NORTH 01'22'06" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE OF GOODLETTE FRANK ROAD A DISTANCE OF 600.29 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 16.51 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. ~......... Oll) :;00 c: :t~ rr,:t: :;orr, r-:;O -<r- -< !::r- ~- rr,~ rr, 00 ..."..." ::Cr- 00 M-i _IN ~,lN :t rr, ~ r- r- Vl co lD d o o :i,' 9Z- :;00 :;0 t:t ,01 Sti -or- G')-< IN ~. ~c: ~ o )>. :;0 -< co......... I c::lI) :;00 , ~c: I z:t , G')~ I ""r- , :;0-< I ~:u ' 09 I 32~ i r;;;r- ' '-' z I rr, I L:::J-Z-c-- ! I , \ , I , I , I , I , \ , I ::: g ~ lD N (J1 --.J :t" co o G') o r- ..." () r- c: co '-' S01'22'06"E 286.04 40' V) () ::Do zr- ffi:':l d o. -.. ~ . r"l II lD ~l.-.J 90 ~O EXHIBIT vA p~ 1'7 of 40' (APPX. TOP OF BANK) P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY NOTE: BEARINGS ARE BASED ON THE\ 5URYEY BASELINE OF GOODLETTE FRANK ROAD AS B,DNG'N 61'22'06" W. LEGAL DESCRIPTION ANJ)' Sf<'2'fCl-1 <SHEET. 1 OF DESCRIPTION: PARCEL 808 CLIENT: COLLIER COUNTY T THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....!J\. ::::tlGNOU .....13 ::::: J\RBER & ......13 ...... ...... RUNDAGE,lNc. Professional engineers, planners. & land surveyors CoWer Count,y: Suit. 200, 7'00 TunIunI Troll, NorUa, Nopl.., n. :H108 (118)6117-1111 1.0. Count,y: Sult. 101, 1828 Uo"c1r7 str..t, Port lITera, n. 111101 (218)SlI4-1173 Cerlltlcot. ot AulhorhaUo" No.. LB 18" OJId D _ Pox: (238)588-2103 BY: REV.06JUL05HACKNEY1.\:~ NO. 5606 1" =300' DA TE:JUNE."29. 2005 DRAWN BY: GWH PROJECT NO.: 8081-GR ACAD NO: 9116-SD808 FILE NO: ill1Q